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Reel 22 (10/18/1954 - 12/17/56)
COUNCIL, REOULAR Monday, October The Council of the City of Roanoke ~et in regular meeting in the Council Chamber in the Hunicipal Building, Monday, October 18, 19~, at 2:00 otclock, the regular meeting hour, with the President, Hr. Woody, presiding. PRESENT: Council me,bars Hanes, Puckett, Waldrop, Webber, Young, and the President, Hr. Woody .................. ABSENTz Hrs. Pickett .......... 1. OFFICERS PP~ENT~ Mr. Randolph O. Whittle, City Attorney, Hr. Harry R. Yatee City Auditor and Acting City Hanager, and Hr. ~. Robert Thomas, City The meeting was opened with a prayer by Dr. George West Dlehl, Pastor of the Oxford Presbyterian Church, Rockbridge County, Virginia. MINgTES: Copy of the minutes of the regular meeting held on Monday, October il, 19~4, having been furnished each member of Council, upon motion of Hr. Webber, seconded by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING O? CITIZESS UPO~ PUBLIC HATTERS: NUKE. PETITIONS AND COMMUNICATIONS: PEI~IOR~: A communication from the Board of Trustees of the Employees' Retirement System, advising that the actuarial report of the system by the Consultln Actuary covering the year 19~3 ia available in the files of the Board, was presented to Council. The communication was ordered filed. BIVERDALE CIVICS CLUB: A communication from the Rlverdale Civies Club, askln8 Council tO consider the removal of stumps along the banks of Roanoke River, the removal of an island in the river near the Riverside Drive-In Theater, the tri.mming and topping of trees along the river banks, the placing of a gravel walkway along Bennington Street, S. E., extending from Buzzard Rock Ford Bridge to Mount Pleasant Boulevard, and a survey o£ the street lighting in the Rlverdale area, and endorsing the request of the residents of B~ownlee Avenue, S. E., that the said street be hardsurfaced, was before Council. Hr. Waldrop moved to refer the communication to the City Manager for such action aa he deems advisable. The motion was seconded by Hr. Webber and adopted. STHEETS AND ALLEYS: A petition from Roanoke Somas, Incorporated, requesting the vacating, closing and discontinuing of Van Buren 5treat, N. W., between Wyoming Avenue and Kentucky AvenueI Wyoming Avenue, N. W., from Van Buren Street eastward; and an alley through Block 3, Washington Heights, from a proposed street to West Side Boulevard, was before Councii. Hr. Hanes moved to refer the petition to the City Planning Commission for study and recommendation. The motion was seconded by Hr. Waldrop and adopted. TRAFFIC: The City Clerk presented a communication from Hrs. Ruth M. Angle, transmitting a list of questions and statements concerning her previous communications with reference to the traffic conditions in the downtown area and the plan now in effect, and criticizing Council for not going into the plan In detail with her rathel that referring the matter to the City Manager. Hr. Young stated that Hrs. AngleSa communication infers that Council ia derelict in Its duty in referring matters to the City Manager rather than handling the details itself and ~oved to refer the matte~ to the City Attorney for a rulir~ as to whether Council is within its rights under the Charter in referring matters to its ad~lnistrativs officers and whethe~ in this instance it has failed in dutiaa under the City Cha~ter. The motion was seconded by Mr, Puckett and adopted, REPORT~ OF OFFICERg= PARKS AND PLAYOROUND3~ A resolution of the Chamber of Commerce, proposing the construction in the city parks as soon aa possible of one or more saall splash or spray pools, using available funds in th~ Pallon Swiping Pool Trust Fund, been presented to Council at its meeting of September 27, 19~, and referred to the City Manager for study and report ae to the cost and location of such pools, and to the City Attorney for an opinion aa to the legality of using the Fallon trust funds for this purpose, the City Manager reported that as the result of a study conducted by the Department of Parks and Recreation he estimates the cost of such pools to be $2,~00.00 each. The City Attorney, in a writtan opinion, advised Council that it may not lawfully use the Fallon Swl~uing Pool Trust Fund For the purpose of building such pools since the fund was devised under the will of Frank Fallon For the construction of a municipalswimming pool wherein any citizen regardless of age or ei~e might swim. Hr. Webbe~ moved to File the opinion of the City Attorney and refe~ the request of the Chamber of Commerce to the City Manager to be discussed in the 19%~ budget study sessions. The motion was seconded by Hr. Young and adopted. ZONINO-P~qKs A~D PLAYGROUNDS: Council at its meeting of October 11, having directed the City Manager to attempt to secure an option For the purchase icl the property of Ruth Parcel Peters, Harry L. Patsel and Dorothy Parcel Hess, located on the south side of Route ~60 at the western corporate limits o£ the City o£ Roanoke, for park purposes, the City Manager, in a written report, stated that Hr. Robert S. Guerrant, Attorney for the property owners, has advised that the feel that the property would be valuable For business purposes and have declined to grant the city an option thereon. Hr. Guerrant appeared before Council and stated that the property is still being used as a residence For the parents of the owners and that the said owners have no intention of using the property For any other purpose as long as the elderly couple llve, that the request For the rezoning of said property, submitted to Council at a previous meeting and now pending be£ore the City Planning Ccmmisslor has been made at this time in order to permit business use o£ the property when it is no longer required aa a residence For Hr. and Hrs. Parcel. Hr. Young stated that this matter has been before Council previously, at which time the city attempted to secure an option For the purchase of the property, and at that time it was possibly referred to the City Plannizg Commission for a recommendation on the use of the property for park purposes, and moved that the matter be laid over to the meeting of October 2~, 19~4, at which time the City Clerk is to bring to the meeting all records in connection with the matter. The motion was seconded by H~. Webber and adopted. RE2OR?S OF COHMIT?EES: HONE. Uh'FINISHED BUSINv~SS: WAT~ DEFA~T~T~ The request of H~. J. O. Plunckett for payment in the amount of $1,.500.00 for a pump installed by him prior to the cityte acquisition icl. his water system in Oardsn City having been laid over from the meeting of October 11, 19~/S~ was again before Council. The City Clerk advised that Hr. Plunkett has submitted a request that the be laid over to the meeting of October 25, 19~4, in order to permit him to appear before Council. There being no objection, the Mayor directed that the matter be placed on the agenda for the meetin~ of October 25, 195/$. STATE HIGh~/AYS I/ITHIR CITY LIHITS: The matter of a Route 11 by-pass north of the City of Roanoke having been laid over from the meeting of October 11, was again before Council. The City Clerk advised that a Joint meeting of the Planning Com~issione of the City of Roanoke, the Towns of Salem and Vlnton and the County of Roanoke on April 20, 1951,had recommended that the governing bodies of the four political subdivisions and the Roads Committee of the Chambers of Commerce of Roanoke, Salem and Vlnton be asked to coordinate their efforts for the development of Route 117 to better serve this section and that they follow through on the procedure to include this project in the budget for 1952-1953~ that on Hay 7, 1951, Council, by Resolution Ho. 110?1, concurred in the recommendation of the Planning iand stated that it shall be the purpose of this Council to cooperate with the aforesaid governing bodies of the other three political subdivisions located in the Valley of Roanoke in the premises in all reasonable ways to the end that the cost of making all requisite improvements to said route may be included in the program of the Department of Hlgkways of the Commonwealth of Virginia at the earliest moment; that on May .1~, 1951~ the Council of the Town of Salem concurred in the of the Planning Commissions and requested the State Department of Highways to give consideration to the re.construction, realignment and development of Virginia Primary Route 117 for the construction year 1952-1953~ that on June 19, 1951, the Council of the Town of Vlnton took similar action by Resolution No. 262; that on December 17, 1951, the Board of Supervisors of Roanoke County requested the Department of Highways to consider the construction of a modern four-lane highway north of the corporate limits of the Town of Salem and connecting Route 11 at a point approximately one mile west of the westerly corporate limits of the Town of Salem and Route 11 at approximately the intersection of Houte 117 and Route 11 north of the corporate limits of the City of Roanoke and to conduct the necessary orl~ln-destination traffic survey to determine the feasibility and necessity of such highway and make such surveys as will determine and establish the center line of such proposed highway; that on Deoe~er 11, 1951, the Council of the Town of Salem requested the Virginia Department of Highways to extend an origin-destination survey of traffic using the highways in the Hoanoke city area to be conducted in the s~mmer of 1952 to include the Salem area and agreed that the Town of Salem would pay its proportionate part of the cost of such survey; that on February 8, 195~ the question of the construction of a by-pass route leaving U. S. Highway Route 11 at a point approximately one mile west of the west corporate limits of the Town of Salem and connecting with Route 11 at a point approximately where Virginia State Highway Route 117 connects with Route 11 north of the corporate limits of Boanoke City was referred to the City Planning Commission for study and recommendation to Councll~ that on February 1~, 19~2,: the City Plannin~ Commission ~eported to City Council~ raco~ndir~ that ir'request the Virginia Department of Hl~ays to siva serious consideration to the co~t~ct~on of such a hi.cay a~ to m~e such surveys a~ e~lnee~l~ studies necessary ~n o~e~ that the cente~ line of s~ch proposed hl~ay may be datelined a~ established at the earliest possible mo~entJ that on Septe~e~ 8~ 1~ the City H~aEe~ presented to Council a report of a traffic survey o~ orlElns and destinatio~ in the Ro~oke area, co~ucted by the Virginia Department of Highways In Jul~ 19~ ~lch ~epo~t ~as referred to the City Pla~ln~ Co~lssion fo~ study a~ ~co~e~ation~ that on Octobe~ 8, 1~], the C~ty Hana~er presented to Council a reco~endation from the Virginia Department of Highways that pe~ln~ the development of Route 117 as a by-pass of Roanoke, Rout~ 11 be deel~nated ~lth Route ~0 between Roa~ke a~ Sale~, a~ the present Route 11 From Route ~0 In Roanoke to Route 11 and Route ~O In Sale~ be assigned Alternate Route 11~ ~hich reco~endatlon ~as referred to the City Pla~l~ Co~i~sion on OctobeP 1~ 1~3. fop study and reco~endation. ~. Youn~ asked if the CXty Clerk has in his files a copy of the prellmina~y plan on which the Februa~ 1~, 19~, report of the City Co~lssion was based. The City Clerk advised that he does not; whereupon~ ~. Youn~ moved that If ~uch a plan exists the C~ty Clerk obtain a copy thereof a~ that the matter be laid oveP to the meetin~ of October ~, 19~. ~e motion was aeco~ed by Hanes a~ adopted. CONSID~ATION OF C~IMS~ I~RODUCTION Ah~ CON'IDeATION OF ORDINAE~S A~ RESOL~IONS: STR~ CLOSING: Ordinance No. 1~P38, vacatl~, disc0ntinuin~ a~ closin~ Ontario Street, ~. E., lyin~ vholly on the land of the ~ille~ Container Corporation~ havln~ previously been beffore Council for it~ first reading, read and laid ove~, vas a~beFore the body, ~. Hanes offerl~ the follo~ln~ for its second s~ final adoption: (~1~a38) AN O~INANCE vacatl~, di~contiain~ a~ closin~ Ontario ~treet, H. E. l~in~ ~holly on the la~ of the Hllle~ Containe~ Corpo~ation, bounded on the ~est by ~e ~l~ht-of-~ay of the No~Folk a~ ~estern Railvay Compaq, on the South by the land of H. N. Day~ a~ on the Rorth by the la~ of a. E. Hall, bel~ in ~ldth and approxiaately 7~.1~ ~eet in length, all ~lthin the City of Roanoke, (Po~ Full text of O~insnce, see O~inance Book No. aO~ Fage ~. Hanes moved the adoption of the 0~lnance. ~e motion ~as ~eco~ed by ~. ~ckett a~ adopted by the follo~l~ vote~ l~: Council members Hanes, Puckett, ~aldrop, ~ebbe~ a~ the Presldent~ ~. ~oody ................. ~AYS: No~ ........O. (~s. Pickett absent) (Hr. Youn~ not voti~) STR~ C~SING: O~lnsnce No. laah~, vacatins, discontinuing a~ cloal~ Pe~ed Ave~e~ N. E. (sometimes knovn as Pe~d Ave~e, N. E.)~ and a portion oF ~o~ Street~ N. E., south of the south line of Bar~ Avenue, havln~ pravlously been before Council ~o~ its first reading, read a~ laid over~ vas a~ain before the body~ H~. ~aldrop of Fe~ln~ the follo~l~ for its seco~ readl~ and final adoption: (~122~2) AN OHDIRANCE vacatin~ aX1 of Pe~yed Avenue, N. K. (eo~etines known as Pen~rd Avenue, N. E.) and that portion of Leonard Street) N. E.~ south of ~he south line of Ba~2ma Avenue~ H. E.) in the Clty~ as shovn'a~ doolgnsted the Ntp of OXen ~en o~ Feco~ In Pln~ ~ok 2) pa~e 8, In the CleFkJs Office the CX~cuit Cou~t o~ Ro~oke County, Yl~inla~ tha~ pop,ion of Pe~ed Ave~e, to. be c~osed bein~ 30 feet, In ~idth a~ approximately 1687.~ feet in lensth~ and thst poF~lon of ~ona~d S~ee~, N. E.~ to be closed bei~ 30 fee~ In ~id~h and ~O Fee~ In lenst~ nou~h o~ t~e south line of B8~a Avenue, ~. E. (Fo~ ~u~l text o~ O~lnance, nee O~inance Book Ho. ~0, P8ge2~O.) ~. ~ald~op ~ved the adoption o~ the O~lnsnce. ~e mo~ion ~as seceded H~. Youn~ and adop~ed by t~e Follo~ln~ voter AYES: Council members Hanes, ~ckett, ~aldrop~ ~ebbe~, YounE~ a~ the President, Hr. ~oody ................... NAYSt None ..................... O. (~s. ~lckett absent) AIRPO~: Ordinance Ho. 1~3, autho~lzl~ s~ directin~ the execution oF a lease oF certain space i~ the center portion oF Nose-In Han~ar No. 3 at the Roanoke ~unicipal Alrpo~ to the United States oF ~erica, to be used Fo~ Naval Al~ ~eserve trainin~ upon certain terms a~ co~ltions, and author~z~n~ the use prev~ousl~ been before Council For its first ~eadin~, read a~ laid ove~, a~ain before the body, ~. ~aldrop of Ferln~ the Follo~l~ For [t~ ~ecc~ readin~ and final adoption: (~1~3} AH OHDI~AHCE authovizl~ and dl~ectln~ the execution certain ~pace In the cente~ pop,ion o~ Nose-In Han~ No. 3 at Roanoke Hunlclpal Alvpovt~ (~ood~um Fleld)~ to the United 5tares o~ ~erlcs~ (he~ein~tev referred to as the Govev~ent)~ to be used fo~ Naval Al~ Reserve tral~i~, upon certain ter~ and conditions; ~d authorizing the use of ~nways, taxiways, parki~ areas and othe~ paved areas at said Albert. (For full text of Ordinance, see Ordinance Book No. 20, Page ~. Waldrop moved the adoption of the O~lnance. The motion was seceded by Hr. Puckett and adopted by the following vote: A~: Council members Hanes, Puckett, Waldrop, Webber, Young, a~the President, ~. Woody ......................6. NAYS: None ........................ 0. (Hrs. Pickett absent) SA~ OF PROP~TY-GH~E CROSSINGS: An Ordinance authorizing the sale a~ conveyance of a portion cf Lot 7, acceding to the Scott a~ Wright Hap, to E. D. ~rtll~an and Mary A. Pri11~an, upon certain terms a~ co~itions, as presented In a w~ltten com~nication frgm the City Hanager, was before Council. ~. Webber stated that the ~operty concerned was acquired ~or the rift-or- ,ay of the Jefferson Street Grade Crossing Elimination Viaduct a~ Project a~ ls surplus to the needs of the project, a~ In the absence of the city Hanager, toyed that the matter be laid over to the meetl~ of October ~5, 19~, and that the ~he City Attorney secure written approval from the Norfolk and Western Railway Co~an~ For the sale of said property. The ~tion was seceded by ~. Waldrop and adopted. CI~ PROP~Y: Council at its ~eting of October 11, 195~, having concurred In the reco=e~ation of the Olty Hanager that the buildings be razed on the city's property on the north side of Church Avenue, So W.~ between Second Street and the School Administration Building, and havlnS directed the City Attorney to prepare the necsssery0rdinance to place ssld rscoeeaendatlon in effect la of December 1954~ an Ordinance providins for the razing of three buildings owned by the city and located on the north side of Church Avenue, S. W., between Second Street and the School Administration Building, and providing for an emergency, was presented. Hr. Richard P. Pence, Attorney, representing Mr. Henry C. Giles, Mrs. gusan C. Hutson and HI-. Henry L. Riley, lessees of two of the buildings, appeared before Council and stated that his clients' are willing to redecorate and renovate the properties in question inside and out and effect repairs thereon where the cost would not be excessive if Council would ex,end their leases, stating further that his clients have engaged him only this morning and that he has been unable to go into the matter thoroughly, and requested that the body postpone any action for a week to give him an opportunity to consult with the City Manager and go into the details of the matter. Hr. Webber stated that for some years Council has considered the razing of these properties in order that the land might be used for other municipal purposes and that the body thoroughly considered the matter in 1950, after the death of Mr. Rutson, at which time Hrs. Eutson, through Hr. Pence, made a request for an extension of the lease for one year. ~fter some discussion, Hr. Puckett moved that the matter be laid over to th, meeting of October 25, 1954, and that in the meantime, the City Attorney be instruct, to rewrite the Ordinance to provide for the extension of the present leases to June 30, 1955, and the rasing of the buildings thereafter, and that he obtain from the lessees a written statement agreeing to the extension of their present leases for six months and to occupy the property during that period of time. The motion was seconded by Mr. Young and adopted. MOTIONS A~D MISCELLANEOUS BUSINESS: WATER DEPARTHENT-SEW~S~ Mr. Leonard G. Muse, Attorney, appeared before Council and advised that the General Electric Company wishes to make a formal request that the City of Roanoke make available water and sanitary sewer facilities to their plant located to the west of Roanoke and that this service be available by March 1, Mm. Muse was asked to put his request in writing to be presented at the next regular meeting of Council. WATER DEPARTMEh'P: Mr. Clifford M. Gullliams having appeared before Council at its meeting of October 4, 19~4, and requested that a meter be installed in Ventnor Road, S. E., at Eanes Street, and that he be permitted to construct a water line from said meter to serve the property of his father, Hr. Geno P. Gullllans, 1523 genes Street, S. E., approximately 500 feet from Ventnor Road, which matter was referred to the City Manager for consideration, Hr. Clifford M. Guilliams again appeared before the body and stated that he has obtained an easement for the construction of the pipe line from the meter to the property of his father which has been turned over to the City Attorney's office for approval, and requested Council to grant authority for the installation of the water connection. Hr. Webber moved that Hr. Oullliams put his request in writing to be ,resented to Council at its meeting of October 2S, 1954, and that the City Attorney in the meantime prepare the proper Resolution authorizir~ the connection requested. The motion was seconded by H~, Fuckett and adopted, DEPAHTHENT 0P PUBLIC~LPAREt ~f~, Frank~. Atkine appeared before Councll~ proteetin8 against the cancellation of hie welfare grant. H~. Hanes moved to refer the matter to the Director of'Public Welfare for such action as th; la~providea. The m~tion was eecond~ b~'H~; ~;;p ;nd adopted. DEP~RTH~NT OF PUBLIC WELFAREt Hrs. Ora Johnson ~ppeare~ Before Council and advised that her welfare grant has bee~ cancelled and protested against the action. ~" ~t~. Waldrop ~°ved to refer them t r'to the ~lrector of Public ~elfare for ~l.cnch '~::~'action as t~e"[~'~r~i~ea."~h~ m~tion was s~conded'b7 Hr. H~nes' and adopted. COR~LAI~TS: ~. Wal~ro~ s~stad that he has been advised that heavy concrete mixin~ trucks traveling alon~ Sixth Straet~ So ~.~ adjacent to Jefferson Senior High School. ara makin~ ao much noise that the teachers are compelled to euepend icla~see ~hlle they pass, and ~3ved to refer the matter to the City Hanover for pro~er action, The motion was seconded by Hr. Hanes and adopted, ' '- TRAFI~IC~ Hr. Hanes stated that he has been advised that'~W~k~ay markings at the intersection of Shenandoah Avenue and Third Street, N. W,, are obliterated, and moved to refer the matter to the City Hans[er for proper action. The motion was seconded by Hr. Waldrop and 'adopted. There being no further business, Council adJourned~ APPROVED Preaide~ COUSCIL~ R~I~AR Xonday, October 25, 19~o The Council of the City of 'Roanoke mt in re~la~ ~eetin~ In the Ch~be~ ~n the ~nicipal Buildin~, Ho~ay~ Octobe~ ~ 19~, at ~O0 o~clock, the re~la~ ~etins hour, ~lth the ~res~dent~ ~. ~oody~ ~E~ Council members Hanes, Pickett, Puckett, ~aldrop, ~ebber~ Youn~ a~ the Frea~dent~ ~. ~oody ................ ~SE~ ~one ........................ O. City Attorn~y~ ~. Harry R. Yates~ City Auditor~ a~ Hr. J. Hobart Tho~as~ City The ~etin~ ~as opened ~lth a prayer by D~. A. H. Hollinss~orth~ Fastor Seco~Fresbyterian~urch. HIh~t Copy o~ the m[~tes of the re~la~ meetin~ held on Honday, October 18, 1~, havin~ been ~rnished each me.er of Council, upon motion off ~. Young, seconded by ~. Hanes a~ adopted~ the readin~ ~aa dispens~d ~lth a~ the minutes ~ING OP CITIZENS UPON ~BLIC ~TT~S~ NO~. P~ITION~ A~ CO~NICATIO~: S~S-~ATEH DEPA~ A co~unicatlon from ~ood~. Ho~er~, ~use and ~alker Attorneys Fo~ General Electrlc Co~a~, formally request[n~ that the City of Hoanoke make available ~ate~ and sanitary sewage facllltle~ on the 8eneral Electric plant site located on Vir~tnla Houte 7~, ~est of Hoanoke~ and advisin~ that the co.any deslres these facilities to be available by~rch 1~ 19~ ~as before Councll ~. You~oved to ~effe~ the request fo~ se~a~e ~ac~lit~e~ to the Co~lttee consl~ttn~ of Councilmen Webber and Youn~d ~es~r$. O~ens a~lttle t~ ~ork out a sewage contract ~ith the ~eneral Electric Company, to be pre~ented to Council Fop its approval, and to t~e u~eP consideration the re.est For facilities until ~uch time a~ the Se~a~e Committee makes 1ts ~eport to the body. The motion ~as seconded by ~. ~aldrop a~ adopted. HEPOHTS OF OFFIC~S~ BU~-~TH D~ The City Hana~er reported that he has had to the Ply, ~osquito and Rodent Control Pro~r~ as of October lJ, ~9~ due to the lack of fu~s a~ re~ested an appropriation of ~1,1~.86 to pe~lt carrying on th~s progr~ for the bal~ce of the year. Mr. Waldrop moved to concur in the request of the City ~nager a~ offered the following emergency 0~nance: (912~) AN O~I~NCE to ~e~ a~ reo~mIn Section ~98, "Fly, Mosquito Rodent Control", of the 19~ Appropriation Ordinance, ~d provld~nE for ~ emergency, (For full text of 0rd~nce. see Ordinance Book No. 20, Page 273.) Mr. Waldrop moved the adoption of the Ordinance. ~e motion was seco~ed ~. Hanes and adopted by the following vote: AYF~: Council me.ers Hanes, ~tckett, Puckett, W~drop, Webber, Younz, a~ the President, ~. Woody ................ 7. NA~S: None ...................... O. B~: The City Manager reported that he has completed h~s budget study, except for the school budget, and hopes to present the prel~lnary budget to Council prior to December 1, Tha report vas ordered filed. ~ : WAT]~ DEPARTH~/Tt Council"at its meeting of Octob'e~: ~,'19~, havir~ directed the City'Manag~r' ~ adve~tlSe:~r'b~ds for the erection of certain buildings ~n Yater Department's Storage lot at ~7' Holll~ 80~;'~.~.~'[~City .... HanaEe~"~ ~ ' ~epB~ted ~at due to the accelerated raz~n~ a~' construction on the' St~eet~Grade C~oasi~ Eliml~tion Vl~ct a~' Project It is n~cessa~ to i~edia~ely m~ve the ~ate~ Department's mete~ shop to HolilY'Road ~d'that this ~e makes necess~ a cha~e in the pla~ a~ specl~ications on ~hich the city ia taki~ to the' extent o~ ell~lnatl~ therefro~ the ~az~ or a'bulldin~, c~a~n ~r~d~ a~ excavation and requested the body to authorize an adde~ to the plans a~ speclff~cationa as previously approved. ~. You~ ~o~ed to concur In the request o~ the'City HanaZe~ ~ offfered the (~122~5) A R~OL~ION directin~ that certain ~ork be deleted from the plans and specifications for the const~ction of certain operational bulldin~s for the City,s ~ate~ Depavtment~ a~ providin~ flop an emerzency,' {For full text of Resolution, see Ordinance Book No. ~0~ Page ~. You~ moved the adoption of the Bisolution; The motlonvas s~co~ed by ~. Hanes and adopted by the follo~in~ vote~ A~S: Codicil members Hanes~ Pickett, ~ckett~ ~drop~ Webbe~ Youn~ and the President, ~. ~oody ...................7. '' ' N~YS~ None ......................... TH~IC~ The City Hana~e~ presented a letter from the Vlnton ~amber of Co,arcs, ~eque~tl~ the l~tallation of a traffic control li~t at'the lnte~section of Orate Avenue a~ Vlnton Road, N. E. ~. ~aldrop moved to reFe~ the co~unication to ~e City Hana~ev for study a~ report. The motion va~ aeco~ed by ~. You~ and adopt~j O~OLI~: A tabulation of bids received by the City ~chasl~ A~ent, coverl~ one ye~t~ require~nts ffo~ ~asoline betl~ln~ November 1, 195h, ~as preseflted to Council by the City Hana~e~ vho reco~ended the acceptance off;the lo~ bid of the Cro~n Central Petroleum Covpo~ation of .~0~3~ per ~alldn for re~ula~ ~asoline and .2228~ pe~ ~allon for premi~ ~asoline. ' .... ~. ~ebbe~ moved to concur In the reco~endation of the City Hana~er a~ offered the follo~i~ He~olution~ (~1~6) A H~OLUTION acceptinE the bid off the C~o~ Central Petr~ieum Corporation to supply the City off Roanoke its required automotive ~asoline From Nova= 1, 19~, through Octobe~ 31, 19~; authorizinf the ~rchss~ ~Eent to execute, a~ on behalf of the city, the usual contract In the premises: a~ providi~ ffo~ an (Fo~ Full text of Resolution, see Ordinance Book No. ~0, Fa~e ~. ~ebbe~ moved the adoption of the Resolution. ~e motion was seco~ed by ~. ~ckett ~d adopted by the f ollowin~ vote: ~ ~ ~' ~: Council members Hanes, Plckett~ Fuckett~ ~aldrop~ ~ebber, You~, a~ the ~resident, ~. ~oo~ .................... ALILSHOUSE~ The~ City Hanager eubmitted a ~Xtten report from the Almshouse for the ~onth of September, 19~4, showing a total e~ense~, of.. S2,~1~,~0, ..as c~red. with a total expe~e ~.Sl,8~1.98 fo~ the ~nth of ~epteabe~, The report wac ordered filed, . , CI~ P~SIC~ ~e ~ty Han~er sub, tied a ~ltten ~poFt~from the rtlZed a~ 23~ treatments given, as compared with 660 o~ttce calXs, 67~ prescrlp~to~ ~lXXed ~ 2~ treatmen~ &ivan ~or. the month o~ September, zg~* ~he report ~aa o~ered filed. ~ : . DEP~ OF P~LIC ~ The C~ty.~er eubmitted a written report from the Department o~ ~blic WelFare for the ~nth of September, 19~, 1,~78 casee h~dled at a total cost of $77,22~.9~, as compared ~th 1,~30 cases, if ha~led at a total cost of $69,73~.03 for the month oF SepZember, 19~3. The report R~O~S= The City Manager submitted ~ltten r~orts ff~m the Delinquent Tax Department, the Health Department and the Police Departmen~ for the ~nth off ~epte~er, 1952. · ' The reports were o~ered FI~ PRO~CTION: The Southeast C~lc ~a~e having on February 16~ 1953, requested the installation of additional ~re hydrants In the area between Wise Ave~e and -Taze~ell Avenue, ~. E., from..Thirteenth ........... Street.to. Eighteenth. , Street, a~ the co~unlcation fro~ the Southeas~ Civic ~a~e having been refferred to the City Hanager for study a~ reco~e~ation to Council,~ the City Hana&er having on H~ch 9, 195~, reported that the approximate coat for the installation of the Fire hydrants a~ re~e~ted ~as ~2,~O.~, a~ having reco~en5ed that the ~o~k ~be produced flor a later date~ in ~hich ~eport Council co~curred~ and the Southeast ;~ Civic Lea~e havin~ again on Septe~er 20, 19~, co~nicated ~ith Council, reque~ting ~ome ros~tive assurance of action in thematter~ and the. co~nication havl~been referred to the City Hana~e~ for report to Council, the ~C~ty Ranage~ again advised the body t~at the a~prox~mate coat for ~Be ~ork !~reque~tedl is e~timated at $22,000.~ and recovered that any action i~ the ~tte~ ;[be held in abeyance fo~ consideration in the 1955 budget study sessions and until ~ an analysis of the f~na~clal position of the ~atev Dep~men~ ~vela~on ~o ~. ~aldrop moved to concu~ ~n the report of the City Hanage~ a~ deffe~ any ~urthev consideration until the 195~ budget study. The motion ~as seconded by ~. You~ a~ adopted. TR~IC: ~. Ruth H. Angle having heretoffore presented n~erous co~nicatlc a~ having made n~eroua personal appearance~ before Council concerni~ the. traffic re~lations In the downtown ~ea, and having presented to the body at its meeti~ October 15, lgS~, a co~unication In ~hich she char&ed Council ~lth dereliction of its duty u~e~ the City Charte~ In not ffurthe~ hearing hey c~platnts a~ ~ In referring he~ to the City Hans&er, at ~hich meeti~ Council reffevred he~ :o~ntcation to the City Attorney fo~ ~ opinion aa to ~hethev or not the body's In the matte~ have been legal, ~he City Attorney,_ln a ~rltten opinion, Council that: ~cept In pe~fo~n& you~ lmpo~t~t leEialative duties you, like a ~ard off D~recto~s off a large p~lvate are primarily concerned only With policy. The mandate ~:J ~ qul~l~ you~tohold"0nly fortyoth~eg r&gu~i~meotir~&,~ ~ ,m · annually and thee~allnese of your salaries clearly-indicate ~'; .that tho Legiclature:~ontemPl&tsd'that:yo~ give,Gnly'~'? :~ ......,' ''" small pa~t of your time to your official duties as Councilmen. '.- It is common knowledge that all suchbodioo frGquently ~ ...... ~ ....... obtain tho reco~uendetione of committees, comlmsions and ~:~ ,full*time officials; ~Cuetomo the Constitutions and the - general law all secure citizens in their conceded right to . ,. ,.,;petition. 'iBut,the:~lght~to petition,should never be~con~used '~ ':' with a right to dictate legislative procedure{ to force & +...-~ :~petitionerteJudiu~ent on'a legislative.bodyj, o~,tobe heard, ; ~..~-~ by such body beyond a most limited time~ over its polite ':~ ~-,~, ~-obJectioh; And the rlFht to petition is a right innurir~ to all citiaen8~ and it must be exercised at the proper time. ~ ~I -< It is,off more than passing interest to re,ember that there are only 8760 hours in a full year{ whereas, there ara approximately 1OO, OOO citizens in Roanoke.' , ' ~ "' ~i "" end ruled that the.body has not acted illegally in the premises. Hr. Y0unt~, stated that the City Charter seems to provide that ~hen the cit[ finds it necessary to alter its traffic pattern in order to take care of changing traffic conditions, the City Hanager shall have the po~e~~to }ak~+~ha}ever emer~enc~ action is necessary and establish whatever rules and re~ulstions he deems beet, st least during tee trial period, and that after he has had a chance to ~ork out a plan by the trial anl error method and considers that the plan is a finished produ~.h~' shall cole to Council and recou~uend the adoption of an Ordinance setting up the plan he recommends; teat ~he'cl~y is now in the throes of one of these change-over ~eriod~ resulting from the construction of the Jefferson Street Grade Crossin~ Elimination Viaduct and Pro~ect~ and the City Hen~Eer is trying to solve the emergency problems resulting therefrom; that he ia confident that when this plan has proved itself in use, the City HanaFer will recou~uend it to Council for adoption, at ~aich time he feels Council.viii hold a public hearing and hear all citizens ~ho choose.to appear. for or a~ainst the plan. prlor to Council adopting sn Ordinance settir~ up a t set of rules for 'the regulation of the downtown traffic, and moved to inform Angle that when the City Hamster presents a recommended plan for traffic regulations~ before the adoption of any Ordinance, Council plans to'hold a public hearing in the matter, and that she ~ill be properly notified by the City Clerk of the time and date of [he public hearing and that at that time she ~lll be given the same amount Iti eothcr'cm'.n ..... nd wants to be ;hat- heard, time~ Council ~ill give thl~ matter no further consideration. The ~otion was seconded by Hr. Puckett and adopted. ~ ' REpORT~ OP COlV~,ITTEE, S: ~ONE. ' UNPINISHED STATE HIOh~AY$ I/ITHIN CITY LImiTS: The matter of a Route 11 by-pasc~ north of the City of Roanoke, havlr~ bsa" la~d over from thc ~esting of October 1~, 19~4, and the City Clerk having been instructed to secure a copy of .shy existing prelimin8 ~lan in connection vith the matter and to present s~ue at the present meeting of ~ouncil, the question was again taken up. T~e 'City Clerk presented a ~opy of a map, sho~ing the proposed location of sai~' route, ~hlch has been used in discussions ~f the matter by the City Planning After some discussion, Itu. Young moved to take the matter under considcratic For further study. The motion ~ae seconded by ~{~. ~ebber and adopted. ZONI~O-PARF~ AND PLAYOROUHDS{ Council at its meeting of October 18, 19~h, svir~ deferred ac}ion on the question of attemptiu~ to secure the Parcel. propert[. 12 located on the eou~deo£~Route ~60,~at.the Yestern:corporattlll~te*of the city~ for park purpoeee,~nd ~l~:directed the.~l~y. Clerk to brin~ before the body at its preee~t,~ec~l~ ~ny~rcco~endations,p~lously ~ade~ ln:the~tter by. the City Pla~l~.9o~ssion~a~the~Depar~nt~o~ ~rk$~d~Re~rea~io~ the City Clerk reportgd-that-on-No~e~e~ ~6~ lg~ theClty'Pla~ Co~ealon recomended to Council tha~ thetract of la~ ln~uestlon be acquired' foe park'pu~o=es; that on April 21, l~,~he'~sststant,Dlrect~ of-Parks,a~ ~ecreatlon~ad~eed that this tract of 1~ a~ the Densmore property, i~cludi~ so~ten-acr}s~ln~the northern part of ~ashin~ton Heights,'~ere the only t~o.areas h9 had fou~ suitable fop perk a~ playgrou~ sites In the ~ashlnston Heights section. H~. ~ebbeP s~ated that a petition from the o~er~ of ~he Patsel tract ~o~ rezonl~ of the property'f~om-~eneral Residence District to Busl~ss District has been refferred to the City Pla~l~ Comlssion by Council at ~ts meetl~ of 0ct~b~r 1i, 1~, a~ that no report has yet been ~eceived f~m the Plaml~ Comisslon the matte~, a~ moved to table the ~eation until receipt of the report recomendation of tfi~ Comisalon. The motion ~ae aeco~ed by ~. H~es ~d adopted. ~AT~ DEPArt: ~he ~tter of the request of Hr. J. O. Plu~ett for In the am0vfit off $1,500.OO for a p~p installed by him prior to the city's acquisition of his ~ater system ~n Oa~en Clty, ~lch ~as laid over From the ~eetl~ of Octobe~ 18, 195q, ~as s~aln before Council. The City Clerk advised ~at ~. Plunkett has requested another delay to pe~lt time fop his la.cF to prepare certain papers In co~ectton ~lth the request. The matter ~as laid ovee to the meeting oF'Novembe= 1~ CONSOLATION OF CLAimS: ~0~. I~RODU~ION A~ CONS~ATIO~ 0P O~INAN~ A~ R~L~IONS~ S~ OF P~OP~TY-GH~E CROSSING= The ~ ~anaEe~ havinE p~esented ~eeo=ended the adoption of an O~dinance~ au~ho~fz~ng the sale ~nd conveyance a portion of Lot 7~ acco~lng to the Scott a~ WrlEht Hap~ to E. D. ~ Ma~ A. Pvillmman, and the matter having been laid ove~ from the meetin~ ~f Oct0~r due to the absence of t~e Cit~ Hana~e~ the question was a~ain before Council. The C~ty Hanage~ advised that the prope~y ~hich he proposes se111n~ to Pr111~ was acquired in connection with the rift-of-way of the Jefferson Street Grade Crossl~ Elimination Viaduct a~ Project a~ ia surplus to the needs therefor, ~. Richard F. Vence~ Attorney for ~. Pr111~an. appeared beffore Council a~stated that at the ti~ his client transferred a portion of his property to the cit~ fo~ ~l~ht-of-way In connection with the Jefferson Street Geade C~ossi~ Elimination Viaduct ~d ProJectthere w~s a sentlemen*s agreement between his client and the city's real estate a~ents ~n the ~tter to the effect that the p~operty now ln question would be ~ld to'his client at the p~ice he ~eceived from the city for the la~ It had acquired from him. ~. Webbe~ stated that while he has no objection to the sale of a~ surplus la~ acquired by the' city In co~ection ~lth the ~l~duct Project he feels that the s~e of such 1~ should be deferre~ until th~ p~o~ect Is co~leted a~ the city Is ~e t~at It will ~t have a~ ~e~lrement therefo~ and moved to table the matter Until the ftvs~ ~tin7 in J~usw, 195~, a~ that Cou=ll reco~ its intention to approve the sale to lt~. Prllla~an of ao muchof'the property in questiol aa is surplus to the cityta needs a~ter the completion of the .portion of the Jefferson Street Orads Crossing Hlimination Viaduct and Project In the Northeast section. The motion was seconded by Hi-. Hanes and adopted, WATER D~ART~ERT= Rr. Oe~ P; Ouilli~, 1~2] Eanea Street, ~, E., having r~quested throu~ his aon~ ~. C. ~. Oullli~s, that Council authorize the installation of a water service a~ ~ter at the intersection of EA~sStreet Ventnor Road, S. E., and pe~lt ~. Guilli~ to construct a service line.across p~lvate p~operty to his home~ and Council at its meetl~ off Octobe~ 18, 19~, havins directed the City Attorney to prepare the ~cesss~y Resolution to pemit the installation of said ~ater service, Hr. ~aldrop offered the ffollo~lnsl (~l~F~7) A R~OL~ION autho~lzin~ the ~ate~ Department to install a vate~ co~ection to ~erve the premises kno~ as Official Tax Lot No. ~00~10~ a~ providin~ For an emergency. (Fo~ full text off Resolution, see Ordinance ~ok No. ~O, FaEe H~. ~aldrop moved the adoption of the Resolution. Th~ motion ~ss seco~ed by H~. ~ebber a~ adopted b~ the follo~l~ vote~ A~S~ Council members Hanes~ Pickett, ~uckett, ~ald~p~ ~ebber, Young, ~d the President, ~. ~oody ............... NAYS: None ..................... O. PUBLIC LIBR~I~: Council at its meettr~ of Janu~y ~, 19~, havin~ request~ the ~o~oke Public Library Board to prepare a schedule of char~es For use of the auditorium and meetin~ roo~ of the ~oanoke Public Llbra~y~ to be ~ubmitted to Council ffo~ lt~ consideration, the City Attorney pre~ented an Ordinance Chapte~ 39~ ~Public Llbr~les~, of the Code of the City of Roanoke, by addl~ three ne~ section~ the~eto~ In ~hich Ordinance there va~ no fee o~ rental charge stated. After some discussion~ ~. Hane~ moved to refer the matter to the City Manager with the request that he study cvmpetitive rental rates for such properties a~d reco~e~ to Council ~at ~e~tal charge should be mede. The motio~ was seconded by ~v. Waldvop a~ adopted. C~ PROPERTY: Council at it~ previous meetings havl~ considered the questic of razl~ three buildings owned bF the city and located on the north side of ~urch Avenue~ S. W.~ between Second Street and the School Administration Building~ and hav~ng laid the matter over from the ~eeting of'October 18, 195~ at ~lch time It inst~cted the C~ty Attorney to re~lte the Ordinance previously presented to the body, Hr. Webber moved that the following Ordin~ce be placed upon its first reading: (~122~8} AN O~INANCE provid~ for the extension of certain leases of City-owed property for additional periods of six (6) months each and, upon the termination of said exte~ed ter~ providing for the razi~ of three (3) certain buildings owned by the City~ located on the north side of ~urch Ave~e, S. W., be- tween ~ 5treet~ S. W., and the School A~Inistration,Bullding. ~E~, the City Is ~e owner of three buildings located on City-o~ed property situateon the north aide of ~urch Avenue, ~. ~.~ between 2~Stveet, a~ the School A~lnistration Bullding~ one, a fr~e bu~ld~ on the northwest ~orne of the intersection of said streets a~ kno~ as No. 3~1 - ~nd Street, S. W., 323 ~treet, S. W.~ ~d 203 - ~05 Church Avenue, S. W.; the second~ a brick bu~ldl~ known now occupie~ by tho Cltyte Air Pollution Control Department and by the Civil. Defense authorities{ and WHEREAS, the City.has heretofore lea~ed tho first two of slldbulldl.n~.ai~o certel~ p~at~ l~ividuals upon~ltten lessees the te~of all of ~ich expire, ~lthout rl~t of renewal a~ ~lthout necessity o~ f?rm~ n?tice, as off nidniFht December 31, 19~ ~ ~S, Council has maturely considered the request of said private ~ l~lv~duals to renew the leases o~ the two f~rst-mentioned buildings for new te~s to co~ence upon the~piration of aa~d current leases but has concluded that It Xs not to the best interest of the C~ty to renew the annual leasl~ off said properties- flor a~ ter~ subsequent to Decembe~ 31, 19~, but that the City should, instead, offer to extend the current leases of said properties to the present te~nts for additional te~ of s~x (6) months for the period From Japery 1, 19~, 30, 19~, the same to expire a~ te~e ~thout.notice on June 30, 19~,~ a~, aft ~une 30, 19~5, proceed to rase and remove the three {3) bulldi~s from their present location a~ put the la~ which said buildings presently occupy to other, more needed public uses; and ~E~S, Council has heretofo~ caused a copy of this ordinance, as passed on its First road~ng, to be mailed to each of the aforesaid t~ee tenants In order that said persons ~ay be kept currently ~o~ed of the Council's action In the matter; TH~ORE, BE IT ORDAI~ by the Council of the City of Roanoke that It ~s the sense of this body that the public interests require that the City's separate written leases~ Hen~ C. Giles, Susan C. Hutson and He~y L. Riley, respectively, expiring by its own terms without right of renewal and w~thout the neceaslty off focal not,ce as of m~dnight, Dece~er 31, 19~, be not renewed or extended said expiration date, In ~y case; but the C~ty Ma~age~ la hereby au~or[zed a~ directed, fo~ a~ on behalf of the City, toe~r~ into a ~ltten agreement with each of sa~ te~nts, the effect of which shall be to extend, for an additional period of six (~) months, co~encl~ on ~ua~ 1, 195~, ~ termXnating on ~u~e 30, 195%, the current leases on the p~operty ~oresaid, ~1 other te~a, conditions and covenants of said curPent leases to remain ~n effect d~ such exte~ed te~, and said leases, If so extended, to te~[nate and expire absolutely a~ ~[thout notice to either party on June 30, BE IT F~ O~AI~ that the City ~nage~ be, and he is hereby, and d~rected to take possession of the property known as 321 - 2~ Street, ~. W., 323 - 2nd Street, S. W., 203 - 20~ ~urch Avers, 3. W., and 207 ~urch Ave~e, ~. W., as of ~uly 1, 19~, a~, thereafter to proceed to rase a~ remove each of said buildings, togethe~ with the brXck residence now used as public offfAces, from the land or lots which said buildings presently occupy; there~ter, said land, or lots to be devoted to such othe~ public uses as the City ~anage~ or the C~ty Council BE IT ~ ORDAI~ that an attested copy of this ordin~cp be fforthwith tra~mitted by the City Clerk to ~. He~y C. Olles, to ~s. Susan C. Hutson a~ to ~. He~ L. Riley In order that said persons ~ be ~lly l~o~ed ~ notiffied o~ this 'Council's action In th~ ~tte~. lit. Rlchard. P. Pence, Attorney for the lessees off the property in question, appeared heffore Council and requested that the body consider granting an additional year on the leases rather than six months and stated that hie clients would like Council to appoint a comittee to survey the property and determine what lr~proveo manta need to be made, advising that his clients wo~ld be willing to share in the cost off any capital improvements If ~anted a longer extension on their leases.. lit. Webber stated that the city had made plain Its desire to raze these buildings several years a~o. The motion of MI-. Webber was seconded by H~s. Pickett and adopted by the following vote: ATES: Council members Hanes, Pickett, Puckett, Waldrop, Webber, Young, and the President, Hr. Woody ......................... 7, NAYS: None ............................... O. MOTIONS AND MISCELLANEOUS BUSINF.55: PARKS AND PLAYGROUItD$: }ir. Puckett brought to the attention of Council the injury of a boy in the open drain in South Roanoke Park on October 22, 19~4, and moved that the City Manager be instructed to look into the matter of the open drain with a view oF eliminating the hazard caused thereby and to report to Council. The motion was seconded by Hr. Ranes and adopted. There beir~ no Further business, Council adjourned. APPROVED ATTEST: ~ .~ ¸5' · COUNCIL, RBGULAR. N~'ETI~O, Ronday, November 1, 19~. The Council of the City of Roanoke met in regula~ meeting in the Council Chamber in tho Hunicipal Building, Honday, November 1, 19~, at 2500 otclock~ p. m., the rei~lar meeting hour, ~ith the President, Hr. Woody, preaidin~o PRE~ENT~ Council members Hanes, Pickett, Puckett, ~aldrop~ Webber, Young, and the P~esident, H~° Woody ............... ASSELT~ None ....................... O. OPPICERS PREEE}~: Hr. Arthur S. Owens, City ~mnape~, Hr. Randolph fl. Whittll City Attorney, Mr. Harry R. Yatee, City Auditor, and H~. J. Robert Thomas, City Clerk. The meeting ~as opened ~ith e prayer hy the ReYerend T. Roy Jarratt, Pastc~ of West End Hethodist Church. MI~E.5: Copy of the minutes of the re~ls~ meetin~ held on HoDday, October 25, 19~, having been furniehed each member of Council, upon motion of Hr. ~aldrop, aeconded by Hr. Hanaa and adopted, the reading ~aa dlspen~ed ~lth and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC WATER DEPART{E}&:. Council at its meeting of October ~, 195~ having directed the City Manager to advertise for bids for the construction of certain operations bulldlngs for the Water Department on its property at 3~7 Holllns Road, N. E., and such advertisement having been made, calling for the bids to be received and opened at ~:00 o~clock, p. m., November 1, 19~4, the City Clerk repo-ted receipt of bids From J. F. Bavbour and Sons, W. J. Blane, J. H. Fralin and Son, J. E. Jaw ell Construction Company and H. A. Lucas and Sons, which bids were opened and read to Council. Hr. Webber moved to refer the bids to a committee consisting of Messrs. Charles E. Hoore, Gilbert H. Ruston and Rodney O. Nlchollo for tabulation. The motion was seconded by M~. Hanes and adopted. The co~tttee repo~ted to Council that a tabulation of the bids indicates that the bid of H. A. Lucas'end Sons in the amount of $70,744.O0 i~ the low bid. Mr. Waldrop moved to refer the bids to the Water Committee composed of Arthur S. Owens, Chairman, Messre. H. Cletus Broyles, Randolph 6. Whittle, Harry R. Yates, Charles E. Moore, Roy L. Webbe~ and Walte~ L. Young for study and recommendation to Council. The motion was seconded by Mr. Hanes and adopted. PETITIONS AhD COMMUNICATIONS: CITY ATTORh~EY: The City Clerk presented to Council a communication From Mr. Randolph G. Whittle, City Attorney, advising thst he has been appointed State Chairman of Virginia for the year 19~4-55 by the President of the National Inatitut of Municlpal Law Officers and that he has also been appointed a member of the Legislative Committee of the League of Virginia Hunicipalittes for the year 195~-55 The co~unlcatlon was ordered Filed. REPORTS 0F OFFICERS: AIRPORT: The City Manager reported that he has received a com~unicatlon Mr. John D. Martin, Receiver in Rankruptcy, and Mr. O. B. Ware, operator of the restaurant at the Municipal Airport Terminal, terminating the lease of Mr. W$re thereon, in compliance with an order from the Referee in Bankruptcy dated October Pg, 19.~, said termination to be effective December 1, HI'. Wsldrop moved to instruct the City Manager to advertise for bide for operation of the restaurant at the Roanoke Municipal Airport under the present re~mlations. The motion was aeco~ded by Mr. Your~ and adopted, LIBRARIF~t Council at its meetin~ of October 2~, 1954, havir~ referred to the City Manager for study and recoeraendation the question of the rates to be charge for rental of the audito~lua and meeting rooms in the Roanoke Public Library System, the City Hanager reported that after considering the ~atter in consultation with the Director of Libraries it is his reco~endation that a rental fee of $P5.00 per meeting on ell meetings for vhich a license or permit ia required by the City of Roanoke, and a rental fee of $5.00 per meeting for such msetin£s that do not require a City Of Roanoke license or permit, be made for such facilities. M~. Waldrop moved to concur in the recommendation of the City Manags~ and introduced the following Ordinance: (~1~2h9) AN ORDINANCE az~endln~ Chapter 39. "Public Libraries", of the Code of the City of Roanoke, by adding three new sections thereto. B~ IT ORDAINED by the Council of the City of Roanoke that Chapter 39. "Public Libraries", of the Code of the City of Roanoke, be, and the same is hereb¥~ amended by the addition of three new sections thereto~ said sections being Sections 10, 11, and 12,' and reading respectively as follows: Sec. 10. Use of Auditorium and Meeting Rooms. When feasible the auditorium and meetind rooms in the Roanoke Public Library System shall be made available without charge for educational and cultural meetings during the hours such facilities are open, provided no admission fee, tuition or offering is made or taken for attending, such meeting. If a fee, admission charge, tuition or an offering is made or taken for attending a meeting for which a license or permit is required by the City of Roanoke, a rental charge of Twenty-Five Dollars ($25.00) shall be made and collected by the Library Director. If such a meetin~ does not require a City of Roanoke license or permit, a charge of Five Dollars ($5.00) per meeting shall be made. If any authorized meettnE c-ntinues beyond the closing hour of the Library or Branch the Library Director may make a nominal additional charge, the same to be paid to the Janitor or acting Janitor for his extra services. The Library Director, subject to the general approval of the Library Board, shall be in charge of the scheduling, administration and regulation of events and meetings that may be held in the Roanoke Public Library System. Sec. 11; Borrowing Cards. The following persons shall be entitled free borrowing cards: (a) Residents of the City of Roanoke; (b) Persons o~ming real estate situated in the City of Roanoke; (c) Persons conducting a business in and paying a license tax to the City of Roanoke. Non-resident borrowing cards may be issued for the following fees per year: Adult .................................................$ 2.00 Juvenile (a child below the eighth grade) ............ 1.00 Sec. 12. Fines and Penalties. The Library Director shall be authorized, subject to the approval of the City Manager and the Library Board to 'set forth the 'rate of library fines and penalties. Hr. Waldrop moved that the Ordinance be placed upon its firs~ reading. The notion was seconded by Hr. Young and adopted by the following vote: AYES: Council members Hanes, Pickett, Puckett, Waldrop, Webbeb, Young, and the President, Hr. Woody ............... ~ ..... 7. NAYS: None ........................... O. TR~?IC~ A letter from the ¥inton Chamber of Commerce, requast~g the installation of a traffic control light at the intersection of Orange Ay&hUe and ¥1nton Rosd, No Bo, having been refer~ed to the City Hana~e~ by Council at its ~eeti~ o~October ~, 19~, ~o~ study a~ reco~ation~ the City ~er reported that this matter ~as previously referred to him on the request off the Mlld~ood Civic ~a~e a~ that at that time a thorou6h survey ~as made which disclosed that traffic conditions at ~e intersection did not JustiFy the lnstallat of such a li6ht~ that at. thee survey has been~de in consequence of the request oF the V!nton ~ber of Co~erce a~ a~ain It Is indicated that the tuaffffic at the intersection does not ~ustl~y the installation o~ the traffFlc light. Hr. Hanes moved to defer action on the report until the budget study sessior for the 1955 budget. The motion was lost for lack of a second. Mr. Young then moved to concur In the report of the City Manager; The motion was seconded by Hr. Fuckett and adopted. AIRPORT~ The C~ty Hanager'submitted written report on the operation of the Roanoke Municipal Airport for the month of September, ' ~e report was o~ered filed. DEPA~ 0F PUBLIC~FARE: The C~ty Hanager submitted written reports covering the expenditures a~ activities of the Department of Public ~elfare during the month of September, 19~$, In compliance with Sections 63-67.1 63-67.2, Code of Virginia. The reports were ordered filed. DEPARTmeNT OF ~UBLIC ~5RES: The City Hanager ~ubmltted a~ltten report from the Department of Public ~orks for the month of September, 195h. The report was ordered f~led. S~AGE DISFOS~: The City Manager presented a c~unicatlon from the Superintendent of the Sewage Treatment Plant, reporting that large quantities of foam are forming on the surface of the aeration ta~s at the plant, which co~ltlon Is brought about by the presence of detergents In the sewage, the dlssolved oxygen content In the sewage, a~ the detention time of the sewage in the aerators, and recommending that a sprl~ler system be Installed over the aeration tanks to reduce the fo~, the City Manager concurrf~ in the request of the Superintendent of the Sewace Treatment ~lant a~ reco~ending the appropriation of $1,500.00 to the fnstallatlon of said sprinkler system. ~. Young moved to instruct the City Manager to co,er with Mr. L. Horizon of Alvord, Burdick a~ Hows~ a~ secure his reco~atton end/or concurrence in the matter. The motion was seconded by ~. Hanes e~ adopted. REPORTS OF C0~II~: B~RELL~ORIAL HOSPIT~: A request from the Burrell Memorial Hospital f~ financial assistance having been before Council at its meeting of April 19, 19~h, a~ referred to a co=Ittee consisting of Messrs. Arthur ~. ~ens. JOhn H. Fallwell Harry H. Y~tes and Dr. Charles M. Irvin for study a~ reco=endation, the Co~lttee submitted a written report, makl~ the following recommendations: 1. The City of Roanoke would pay Burrell Hemorial Hospital the sa~ per diem rate as the average of the other three local hospitals. 2. An appe~ and request to reduce the number of a~Ittances to the Hospital to an irreducible minl~ and to discharge persons from the Hospital Just as rapidly as possible. Obviously, the Co~ittee takes into consideration the health' a~ welfare of the individual. 3. We believe that the Burrell Hemoriel Hospital should adopt a policy of a flat refusal to accept the onus of indigent ~eraona of other political subdivisions unless previous broad or specific responsibility has been accepted. To that extent we refer you to the ratio of bad debts by political subdivisions other than the City of Roanoke, which ia approximately 30 per cent. 4[ 81ncc most of the accounts payable which are in arrears are due to local business houses that have rendered slocere and good faith service. we see no alternate but to suggest that there be a local campaign to raise approximately $20,CC0.00 to $2S,000.00 to subsidize the Hoatltal deficit. We cannot believe this is a tax problem. 5. It is orr opinion that all charges made For medlcal services and/or by specialists of any description should be char£ed directly to the individual and not to the Hospital. We found In our study that certain services were charged end paid For by the Hospital even thoug~ in many cases the patient was unable to pay For the services. ~. Continued vigorous e[forte should be made to collect all past-due accounts, and evel~y effort possible should be made to have someone to responsibility of an individual on his entrance to the Hospital. ?. We believe the Hoel.ital Board Is made up of ~en ~ho can make the necessary adjustments for charges and progra===lng if they so desire. ~. The Co~mlttee is not optimistic over ar& future plans For the operation of the Hospital with relations to its ability to absorb the rising cost and demands made on it for medical care. Here again we believe that it Is the Board's responsibility and prerogative to eet up adequate operational methods that will keep any loss to a mlnlm~m. We do not believe that this solves the problem but it is the best we feel we can offer with the recognized economic status of the indigents at the Hospital, plus a rise In cost for adequate hospital care. After some discussion, in ~lch Hr. James H. Lewis, Administrator of Burrell Hemorlal Hospital, wes asked several questions, and It appearing that he has not seen a copy of the report, Hr. Waldrop moved to instruct the City Clerk to furn the Burre~l He=oriel Hospital a copy of the report for its study and to place the matter on the a~enda for the meeting of November 15, 1954. The motion was seconded by Hr. Hanes and adopted. WATER DEPA~TM!~NT: Council at its meeting of September 7, 195~, by Resolutlo~ No. 12219, having appointed a committee consisting of Hr. Arthur S. Chairman, Hessrs. Roy L. ~ebber, John B. Waldrop, Paul J. Puckett, Harry R. Yate~, Randolph G. Whittle and 6. H. Ruston to study the Rules and Regulations of the Water Department and to make recommendations to Council In connection therewith, the committee submitted a report recoxmendlng that chan~es in the Water Department Rules and Regulations, Rules 6, ?, 14, al, ~I-A and 36, be made to accomplish the following: 1. Impose a service connection charge for various size services and 2. Reduce refunds From $7~.00 per consumer to $~0.00. 3. Reduce period of refunds from ten years to five years. Eliminate all refunds in areas beyond corporate limits. 5. Increase excess rates for water sold outside corporate limits From a5%to 50~. 6. Install fire hydrants in atoms beyond corporate limits upon r~quest of Board of Supervisors, and payment of annual fire hydrant rental of ~100.00 per year. Hr. Young moved to concur in the report of the committee. The motion was seconded by Hr. Hanes and adopted. Hr. Hanes then offered the following .Re~olution amending and re-enacting Rules Nos. 6, ? and (~12250) A RF~OLUTION to amend and re-enact Rules Nos. 6, ? and 1~, of the Rules and Regulations For the operatlo~ o~ the Water Department of 'the City of Roanoke, said Rules 6 and ? both dealin~ with service pipe connections and Rul~ l~ dealin~ with #Metered: repealinR Resolution Nos 562?, adopted by Council on the llth dar of July, 1938, and all other resolutions inconsistent with this r~solution but only insofar as such resolutions May be inconsistent herewith; and providin~ for (For i'ull text of Resolutio~ see Ondinanca Book No. 20, Itu. Hanes moved the adoption of the Resolution. The motion ~as ~econded by H~o ~ebbs~ and adopted by the follo~in~ voto~ AYESt Council members Hanes, Pickett, ~uckett, ~aldrop~ ~ebber, Young, a~d the ~uesident, Mr. ~o~dy ................... 7. NAYS: None ......................... O. Mr. YounE offened the followin~ ~o$olutlon amendinE and reoenactinE Rules Nom. ~1 and (~l~Rbl)A R~OLUTION %0 amend and re-enact Rules Nos. Pl. and 21-A., of the Rules and Re~ulatlons fo~ the operation of tho Wate~ Depe,t~ont of the City of Roanoke, wh/ch said rules Eovern tho extension of the Waten Depantment's ma~na ~n occupied and developed anea~ whene there a~e no wate~ m~lns in the streets and/o~ ~oadways and the extension ot the ~ater Dep,,tnentts mains in a~eas which are unoccuoled and/or not developed: repealin~ Resolution No. 10~30, adopted by Council on the 6th day of MaFch, 1950, ~nd all othen ~esolut~ons Inconsistent w~th th~s resolution insofar az ~n~ neaolution maF be ~ncons~stent (FoP full text of Resolution, see O~d~nance Book No. ~0, PaEs R?9.) Mm ~oun~ moved the adoption of the Resoiution. The motion was seconded M~. Waldnop and adopted b~ the followin~ vote: ~Y~_~: Council m-mbePa Hanes, Pickett, ~uckett, ~ald~op, Webber, Youn~ and the Pnesidont, Mn. Woody ................ 7. };AY$: None ...................... O. }~. Webber offered the follow~nE Resolution ~endinE and re-enact~n~ ~ule No..36: (~I?Rb?) A .~ESOLUTION to amend and re-enact Rule No. 36, of the Rules and ReFulat~ons fo~ %he operation Of the E~ter Deportment of the Cit~, which sa~d ~ule ~ove~ns the tenms and condlt~ons puFsuan% to ~tch the C~ty ma~ sell oP suppl~ to pe~eons, finms o~ industries, residinE o~ located outside of the C~%y llm~ts, an~ sunplus of watem there ma~ be ove~ and above the amount requi~ed to supply own Ir~abltants: nepealin~ Eesolu%~on No. 11171, adopted by the Council on the 6%h da~ of AuKust, 1951, and all othe~ resolutions inconsistent with this resolution insofar as ~uch ~esolut~ons ma~ be inconsistent herewith;and provldin~ for an (For full text of Resolution, see Ondinance Book No. 20, PsEe 280.) Mn. Webbe~ moved the adoption of the Resolut~on~ The motion ~as seconded b~ M~s. Pickett andadopted by the follow~n~ vote: AYES: Council members Hanes, Pickett, Puckett, Wald~op, Webber, Youn7, and %ks President, Mr. Wood; ............. ?. NAYS: None ................... O. UNFINISHED RUSlNFSS: WATER DEPARTMEb~: A request of M~. J. O. Plunkett fop payment in the amount of $1,500.00 fon a p%tmp installed by h~m prio~ to the city's acquis~tion of his water system in Garden City havlns been laid over from the meeting of October 19~4, was aEaln before Council, M~o Koss AG Plunkett, Attorney, representing Mr. J. O. Plunkett, appeared and stated to Council that preliminary to the purchase of ErG Plunkett*s water system in Garden City, the city on November 1, 194~, employed an engineer to make inventory of the various private water ayetems in the then recently annexed terri- tories, which en~l~e~ made an inventory of the Plu~ett water system~ that In 1~1, at the behest of the City ~ana~e~ a~ the Roa~ke City School Board, ~. ~. O. Plu~ett installed the ~ump In question In o~er to del~ver ~ater to the recently constructed Garden City School, after ~eln~ assured by city offficlale ~emBers of Council that IF and ~hen the ~lty acquired ~. Plunkett*s w~te~ system it would pay him flor the installation of the said p~p: that a committee appointed By Council for the purpose of ne~ot[atin~ ~lth the o~ner~ of the small ~ater distribution syste~ recommended to Council In ~y, 1~, that it purchase Plu~ett*~ ~te~ sy~te~ for an mmount of ~1,~.]O, ~nd that Co~nc[1 at that time ~urcha~ed the ~ystem, e~clusZve of the pump, for.~hlch It. deducted ~1,~00.00, and exclusive of a well and the la~ thereof, fo~ which ~t deducted the ~ount of $500.00, ~avl~ a net m~ount of ~19,200.30 which It paid Mr. Plu~ett for his system; that t~ed[ately thereafter ~t ~urchased the land and the ~ell, fo~ ~tch it paid $~00.00, leav~n~ the pump~n~ equipment to be handled at a lateP date afte~ additional Xnfo~stion was furnished Council: that ~thlnE ~rthe~ was done until M~. Plu~ett~s request of Au~st 20, 19~, was pPesented to Council, ~hlch request was referred to the s~e co~.~Ittee for study and reco~e~atlon to Council: a~ that the said committee on 0ctobeP 6, 195~, reported to Council that It Is still of the opinion exp~ssed in its ~vior report. ~. Webber then state5 that there Is no record of any assurance on the part of Councll to ~r. J. O. Plu~ett that It would mepay bin for the pump installed that It had authorized him to install the said pu~ and inquired of Mr. Moss A. Plunkett If he knew at what meetin~ such a commitment was made, to which the attorney replied that he did not since he was not present, Mr. Plu~ett statin~ that his first k~wledKe of the matter was when his client, Mr. J. O. Plu~ett, called him on the telephone and asked for advice as to whethe~ ho should pPoceed on the verbal assurances ~lven him, Mr. Plu~ett stating further that he asked his client the n~es of the persons ~klng the co~ltnents, a~ upon bel~ told who they were~ advised his client to Fo ~ead and accept such assurances. ~. Youn~ stated that he was a member oF Council at the time In question and that he ca~ot recall that ~. J. O. Plu~ett ever made such a request to Council hOP that any such assurance was ever given and asked M~. J. O. Plu~ett If the request was made at a ~eetinc of Council In the Council~bev, to which~. Plu~ett replied that he, himself, did not make such a ~equest at a meetin~ of ~ouncll, but that he received a request for the installation of the water sevvice to the Garden City School fromm. LeHoy H. Smith, former Chai~an of the Roanoke City School Board, a~ ~. Arthu~ ~. O~ens, City Manager, a~ that both of these gentlemen knew of the necessity for installinE the p~ to furnish wate~ pressure to the school, ~-. Plu~ett statin~ that he was assured by members of Council that he would not be left holding the baK If he installed the pump required. My. Daniel J. Cronin, a fo~ev membe~ of Council, advised the body that his recollection Is that ~. ~Roy H. Smith, foyer Chal~an of the School Boa~, appeared before Council and advised the body of the request to ~r. Plunkett for water service and that Hr. Plunkett did not appear anzious to Furnish the water due to the pending action For the city to acquire Hro Plunkettls water system,. Hr. Cronin stating that he probably advised ~. Plunkett, in pers6n or over the telephoae, that the city would not leave him holding the bag If he installed the pup, but that he cannot recall that Council ever officially made any promise to H~. Plunkett that it would pay for the pump at the time of the acquisition of hie system, however, it la hia recollection that Hr° Smith wae meured that if Plunkett ~o~ld install the pump to furnish water to the Garden City School it would be paid for by the city, that all parties concerned understood that the equipment was being installed for one p~rpose only, that of servin~ the Garden City School. ~r. A. ~. Hlnton, a former member of Councll~ appeared before the body and stated that he recalls Council authorizing the City HanaFer to lay a main on top of the ~round from the then end of the city's water main to the 6arden City School, if necessary, and that it is his recollection that the layinE of said main would cost approximately $7,C00.00 to~,O00.O0, Hr. Hlnton stating that it is his opinion that Council generally agreed at that time that any addition to any of the private water company properties, approved, by the ~aterDepartment of the Clty of Roanoke as to installation and installed solely for the purpose of needed supply, would be paid for by the city in addition to the agreed price For the property as inventoried by the city's engineers prior to such installation. Mr. ~oss A. Flunkett then asked Council to lay the matter over for a week, In order that he mlght be given time to look into the newspaper files for any news items published at the time which would threw llght on the matter. Mr. Webber ~oved to carry the matter over to the meeting o£ November 8, in compliance with the request o£ Mr. Plunkett. The motion was seconded by Mr. Waldrop and adopted. STREETS AR~ ALLEYS: A request of Roanoke Homes, Incorporated, that the city vacate, close and discontinue a portion of Van Buren Street, N. W., and the east 200 feet of a 1C-foot alley In Block 3, Washington Heights M~p, lylng between Wyoming Avenue and Kentucky Avenue, bavlng been received by Council at ~ts meeting of October 18, 195~, and referred to the C~ty Plannlng Co~L~Ission for study and recommendation, the City Flann~ng Coramtssfon reported that the request for the closing Of such street and alley is ~n connection with the development of property In the lmzaedtate vlc~nlty, with a new street to be provided, and that in the opinion of the Planning Co~nfaaton the requested closing will not be contrary to the public interest, the City Pl~nnfng Commission, therefore, recommending that the request of the petitioners be granted. Mr. Webber moved to concur in the report of ~he City Planning that a publlc hearing be held In the matter at 2:00 o~clock, p. m., November 19~4, in the Council Chamber. The motion was seconded by Mrs. Pickett and adopted. CO};SID~AT!ON OF CLAIMS: INTRODUCTION AND CO}~IDERATION OF ORDINANCES AND RFSOLUTIONS: CITY P~OPERTY: Ordinance No. 122~8, pro¥1dlng for the extension of certain leases of city-owned property for addittonal periods of six months each from December 31, 195~, and, upon the termination of said extended terms, providing for the razing of three certain buildings owned by the city, located on the north side of Church Avenue, S. W., between Second Street and the School Admln~strat~on 2'3 Bgild!ng, having previously been before Council for ifa first reading, read and laid over, was again before the bodl, Hr. ~ebber offering the followi~/ for its second reading and final adoption: (~1~248) AN O~DINANCE providin~ for the extension of certain leases of City-owned property for additional periods of six (6) months each and, upon the termination of said extended terms, providing for the razing of three (3) certain buildings owned by the City, located on the north side of Church Avenue, S. W., be- tween 2nd Street, S. W., and the School Administration Building. (For full text of Ordinance, see Ordinance Book ~o. ~0, Page 2?6,) Hr. Webber moved the adoption of the Ordinance. The motion was seconded by Hr. Puckett and adopted by the followlng vote~ ATF_~: Council members Hanes, Pickett, Puckett, Waldrop, Webber, Young, and the President, Hr. Woody .................... ?. NAYS: None .......................... O. TAXES: Council at its meeting of October 25, 195h, having directed the City Auditor to have prepared an Ordinance establishlng a tax rate of ~.?~ per ~100.00 of assessed valuation, effective January 1, 1955, the following Ordinance was sented: (~12253) AN ORDINANCE to m~end and reordain Section I of Chapter 17 of the of the City of Ro~uoke, as ~mended on the 5th day of October, 1953, (Ordinance No. 119~8), establishing and levying the annual tax rate on all real estate and improvements thereon, upon all tangible personal property and upon all machinery and tools, including machinery and tools used in manufacturing md mining bosinesses, in the City not exempt from taxation by law. Wi.4F~EAS, a twenty-two cent increase in the tax rate authorized in Section 2, subsection (1) of the City Charter on all real estate and improvements thereon, upon all tangible personal property and upon all ~achlnery and tools including machinery and tool~ u~ed in manufacturing and mining businesses, in the City not exempt from taxation by law, is necessary to provide for the payment of the principal and interest on outstanding non-revenue bonds of the City, issued and appr¢ by the votes of the freeholders. ?HER~=OR~, BE IT 0HgAI.~Dby the Council of the City of Roanoke that Section 1, of Chapter 17, of the Code of the City of Roanoke, as ~mended on the 5th day of October, 1953, (Ordinance No. 119~8), be amended and reordalned to provide as follows Pursuant to Section 2, subsection (1), and Section h? of the Charter of the City of Roanoke, commencing with the 1955 tax year, there shall be levied annually upon all real estate and improvements thereon, upon all tangible personal property and upon all machinery and tools, including machinery and tools used in manufacturln and mining, businesses, in the City not exempt from taxation by law, a tax of two dollars and seventy-two cents on every one hundred dollars of assessed value thereof 'or the support of the city government, the payment of principal and interest upon ;he city debt, support of a public library, the payment of pensions to Confederate ~oldiers, sailors and marines and their widows, for school purposes, and other ~nicipal expenses. Hr. Hanes introduced the Ordinance and moved that it be placed upon its firs 'eading. Tte m~tton was seconded by Hr. Waldrop and adopted by the following vote: ~ed ~Y~ Council ~embers Hanes, Plckett, Puckett, Waldrop, Webber, Young, and the President, Hr. Woody .................. ?. HAYS~ None ........................ O. H~. Hanes then moved that the O~dinance be referred to the City Attorney his approval prior to its second reading. The motion was seconded by H~. Waldrop and adopted. HOTION~ A~I) ~ISCE~A~OUS BUSI~SS: ~ID~ CO~RU~ION: Hr. You~ stated that ~e ~a]~ay on P~fth Street, N. W., between Cherry Avenue a~Oran~e Avenue~ h~deteriorated to such an~extent as to be non-existent a~ moved tha~ the City HanaEer study the queation'of tlon of a ~lde~alk at this location to serve the children of Lucy Addison High ~cho and report to Council. The motion ~as seconded by Hr. ~ckett a~ adopted. There being no further busineS~, Council adjourned. Cler~ / 25 COUNCIL~ RF~ULAR Monday, l~ovember The Council of the City o£ Hoanoke net in resular meeting in the Council Chamber in the Hunicipal Building, Honday, November 8, 19~, at the regular meeting hour, with the President, Hr, Woody, presiding° PHE$£~T: Council r~bers Hanes, ~lckett, Fuckett, ~aldvop, Webbee, and the President, Hr. Woody ................... ~SE~ ~m. Youn~ .............. 1. O~IC~S PR~E~ Hr, Arthur S. Owens, Cit7 Hanageu, City Attorney, H~. Harry R. Yates, City Auditor, a~ Mu. J. Robert Thomas, City Clerk. The m~eting ~aa opened ~lth a p~ayev by the Hevere~ ~ren F. ~hackleton, ~astov of the Belmont Chvrch of God. ~RING OF CITIZENS UFON PUBLIC MATT~S: NOh~. P~ITIONS A5~ CO~NICATIONS: CI~ ~PLO~: Council at its meeting of July 12, 195~, having received thirty-one ~fidavits, alleging certain lrre~larities on the part of municipal e~loyees, a~ ha~nE referred said affidavits ~o the Commonwealth Attorney for such action as he considered appropriate, the Commonwealth Attorney advised Council, In a written report, tha~ aeler a thorough a~ comprehensive investigation of the affidavits allegt~ illegal acts of certain city e~loyees, he has found that a great percentage of the affidavits deal entirely with administrative acts of a few city officials a~ that such administrative acts are neither a proper subject for his investigation or co~ent: that with reference to the ~emain~n8 affidavits pertaining to certain other city e~loyees, he is of the opinion that the alle are not suf~icient upon which to base any criminal action, a~ that a~tem lnterviewii a large numbe~ of persons regarding the alleged illegal acts, he has found no corroborative evidence to support the allegations contained In the affidavits. M~. Puckett then made tke following statement: "The matter of the City Garage incident has been a very unpleasant a~ distasteful experience for me, as I ~ sure It has rom many others. I have no criticism of Mr. Cuddy's disposition of this matter, since it Is a fact that witnesses whose livelihood are at stake make ve~ poor wltne~ses, and I refem specifically to the men who were rehired prior to Mr. Cuddy's investigation. The~e seems to be no contradiction of the apparent facts that mass %hieve~ was practiced at the City Garage, and that partiality was shown In the application of the rules m*de for all City employees, punishi~ o~y a few for acts apparently practiced by many others. M~ critics will not sustain any statement om action I may make regard- less of it's constructive merit. Howevem, it Is ~ desire to assure the people of Roanoke that I have done my duty to the very best of my ability under prevaIllnE co~lt[ons. If a slmtlsr condition should exist In the future, It will be necessary that I act vigorously tn favor of fairness a~ Justice, as I have In this case. I sincerely pray there never aGaln will be a recurrence of this unfortunat, incident." Mr. Webbe~ moved that all of the ~fidavits concerning e~loyees under the administrative supervision of the City Managem be referred to the City Manager for consideration a~ for such action as he deems prope~, the City Manager to make a report to Council of his fi~in~s and any action taken, and that Council, acting as a Committee of the ~ole, considev the affidavits concerning officers appointed by It and take ~uch action as the body deems proper in the circumstances. The motion vas seconded by ~. Hanes and adopted. Hr. Puckett then moved that the City Manager review the procedures now in force at the City Garage for adequate control of ~unicipal property and report his flndings to Councll~ The motion was seeor~ed by Hr. Waldrop ar~ adopted. WAT~ DEPARTH~NT: A co~unicat~on from H~. E. H. Scott~ requesti~ that Council make a~ranEementa fo~ citizens In the Northwest section to pay their wate~ bills at the Northwest Branch of the Mountain Trust Ba~ was presented to the body. ~. B. B. Harden, a resident of the. Northwest section, a~peared before Council and stated that he would be glad to pay a charge of five cents pe~ bill, ~hich he understands Is the ~ount the ba~ would charge fo~ ~uch ~ervice, iff' he could pay his bills at the Mountain T~st Ba~ Northwest Branch, rather than having to cone downtown fo~ that purpose, of E~. Arthue ~. Owens~ Chaivnan~ and Hess~a. H. Cletus Bvoyles~ Ha~lph ~It~le~ Havr~ a. Yates~ Charles E. Moore, Bo~ L. Webber a~ WalteP L. You~ fop study and veco=endatlon eo Council. Th~ ~otton ~as =~eon~ed by ~. adopted. ~ATEB D~F~T~h~: A co~nlcation from ~. L. T. ~wards~ 1~15 Bcooks Avenue S. E.~ stalinC that he has been advised bi the WateP DepaPtment that the spizots on the fire hydrants from which the Pesldents of that area ape getting water will have to be turned off In the winter to prevent fveezin~ and a~klnC {f a ~ate~ llne could be run across p~lvate property fuom Kefauve~ Road to sevve the residents of Buooka Avenue, S. E., was before qouncil. M~. Pucket~ moved %o refer the request to the City HanaFer fou study and recom~endation to Council. The mo~ion was seconded by ~v. Han~s a~ adopted. CE~BRATIONS-C~Y GOVERNS: A co=unication from ~P. Shields Johnson~ ~airman oC the Steeri~Cc~Ittee rom the 75th Ann2ve~sauy of the City of Roanoke~ uequestin~ that an appuopvla~ion of ~1,000.00 be placed tn the 1955 budKe~ uae of the qo~nlttee, was presented to Council. M~. Yebbem moved to defep the ma~tev to the 19~5 budget study sessions. The motion was seconded by Hr. Waldrop and adopted. STR~ L~G~S: The ~lty ~lerk presented e com~unlca~lon from the Appalachian ~Electr~c Power Company, advising of the ~nstsl~at~on of e~gh~ 6000 lumen s~reet ~ltghts and eight RSo0 lumen street lights, as well as the remo~at of three P~O0 l~en street l~ghts, during the month of October, 19~. The co=un,cat,on was ordered f~1ed. TRAGIC: A co=unicat~on from Mrs. ~uth M. Angle, co~enting on the opinion of the City Attorney recently submitted to ~ouncil in co,action w~th her co~ents and ststements with regard to the traffic plan presently ~n use downtown, was to ~ouncil. Mr. Hanes pointed out that in ~s. Angle's letter she stated that the Olty ~anager has v~olated the ~lty Charter by failing to perform his duties to see that all laws and Ordinances are enforced a~ that ~ounc~l has not adhered to the ~ty ~harter by fall~ng to enact the necessary laws and Ordinances to m~e legal the now prevailing and exist~ traffic rules and re~lat~ons, Mr. Hanes l~orm~ ~ms. Angle that the charges are serious and that she has the r~ght to retain counsel a~.proceed under the law ~f she feels that such ~s the s~tuat~on. IQ', Webber moved that the communication bo filed. The motion was seconded my Mrs. Pickett and adopted. I:~.MPORTS OP OFFICERS= STREET WIDENINa= The City Hanager reported that Hrs. Ada M. Kasey has agreed to convey to the City of Roanoke a strip of land five feet in width and sixty feet in length, along the northeasterly side of Greenland Avenue, M. W., to be used for future street widening purposes, and presented an Ordinance, authorizing the proper city officials to acquire such land, with the reco~endation that such Ordinance be adopted. Mr. Manes moved that Council concur In the recommendation of the City Manager and offered the following emergency Ordinance: (~1225~) AN ORDINANCE authorizing and directing the acquisition of certain land on the northeasterly side of Greenland Avenue, N. N., west of loth Street, to be used for future public purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page Mr. Hanes moved the adoption of the OrdinRn~e. The motion was seconded by Mr. Puckett and adopted by the following vote: AYES: Council members Manes, Pickett, Puckett, Waldrop, Webber, and the President, Mr. Woody .................... 6. NAYS: None ...................... O. (Mr. Young absent) AIRPORT: The City Manager presented a letter from the Piedmont Airlines, requesting that the city rent to it for use as crew quarters the teem'designated as the Post Office room in the Airport Terminal Building, along with e recommendation from the Manager of the Airport that the room in question be rented to the Piedmont Airlines at a rate of $3.00 per square foot per year which will m~ount to~31.50 per month, in which recommendation the City Manager concurred. Mr. Webber stated that he is of the opinion that Council has previously authorized the rental of quarters in the Old Cannaday Moms for the purpose requested and asked if Piedmont Airlines has made use of the quarters eo authorized, to which the City Manager replied that he ia not sure. Mr. Manes moved to refer the matter to the City Manager for investigation reco~endation to Council. The motion was seconded by Mr. Webber end adopted. PARKS AND PLAYGROUNDS: Council having previously referred to the City for study and reco.~v, endatlon the question of eliminating the hazard of the drainage ditch in South Roanoke Park, he reported that a study reveals that the practical long-range solution is to cover the ditch, thus eliminating the hazard making the park area a continuous one rather than a division into two separate ,arts, at an estimated cost of approximately $6,720.00; that a further solution might be to erect a farm fence at an estimated cost of approximately $390.00; and that in a future report he will recommend the installation of two llghts along the drainage ditch as a temporary expediency. Mr. Hanes moved to defer action on the report of the City Manager to the 1955 budget study sessions. The motion was seconded by Mr. Puckett and adopted. STREET LIGHTS: The City Manager presented a recommendation for the installer: of one 10000 lumen overhead incandescent street light approximately 160 feet west of IJefferson on Avenue, ~. W., and one 10OOO lumen overhead incandescent Street Norfolk street light on Norfolk Avenue, S. W.,' approximately 385 feet west of Jefferson ~~treet, end the installation of two lO0 along tho drainage ditch in South Roanoke Park, between Wiley Drive end the Rorfolk and Western Railway right-of-way, at a total coat of S119.60 per yeam. M~. Haldrop moved to concur in the recommendation of the City.Manager and offered the following Resolutions (~1225~) A RESOLUTION authorizing the installation of street lights at :various locations in the City ?£ Roanoke. (For full text o£ Resolution, see 0rd{nsnce Book No. 20, Page 285.) Hr. Waldrop moved the adoption of the Resolution. The motion was seconded by Hr. Puckett and adopted by the following vote: AYES: Council members Hanes, Pickett, Puckett, Haldrop, Webber, and the President, Hr. Woody .................... 6. NAYS: None ...................... O. (Mr. Young absent) BUDGET-ASSESSMENT OF REAL ESTATE-: The City Hanager reported that additional funds will be ~equired to co.~plete the 1954 ~uadrennial Assessment of real estate and recommended that the sum of ~2,950.00 be appropriated for the completion of the work of the Board of Real Estate Assessors and that the sum of $?,030~00 be appropriated for the Equalization Board. Mr. Webber moved to concur in the reiort of the City Manager and offered following emergency Ordinance: (#1~256) AN ORDINANCE to amend and reordaln Section #6, "Assessment of Real Estate", of the 1954 Appropriation Ordinance~ and providing for an emergency. !by (For full text of Ordinance, see Ordinance. Book ~o. 20, Page 285.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded Mr. Puckett and adopted by the following vote: - AYES: Council members Hanes, Pickett, Puckett, Waldrop, Webber, and the President, Mr. Woody .................... 6. NAYS: None ...................... O. (Hr. Young absent) REPORTS OF C0t~ITTFES: WATER DEPARTMENT: Council at its meeting of November 1, 195~, having referri to a committee composed of Mr. Arthur S. Owens, Chairman, and Messrs. H. Cletus Broyles, Randolph G. ~lttle, Harry R. Yates, Charles E. Moore, Roy L. Webber and Walter L. Young bids received for the construction of operations bUildings for the Water Department on its property at 3~47 Hollins Road, N. E., for study and reco.~r..endatlon to the body, the co~ittee submitted a report, recommending that the bid of H. A. Lucas and Sons, shown by the tabulation to be the low bid, be conditionally accepted, the condition to permit the city to alter the design of the sewer line at an approximate saving of ~2,000.00. Hr. Puckett moved to concur in the report of the committee and offered the following emergency Ordinance: (~12~57) AN ORDINANCE conditionally awarding a contract to H. A. L~cas and Sons; and providing for an emergency. (For ~oll text of Ordinance, see Ordinance Book No. 20, Page 286.) Mr. Puckett moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYF~: Council members Hanes, Pickett, Puckett, Waldrop, Webbe~, and the President, Mr. Woody ................... 6. NAYS: None ..................... O. (Mr. Young absent) U!~INISHED BUSIh~£S: WATER DEPARTMENT: The request of Mr. J. O. Plunkett for payment in the 29 Of $1,~00.00 for a pump installed.by him prior to the city's acquisition of his water system In ~arden City ~sving been laid over from the previous ~esting o£ Counc 1, at the request of ltl,. Hoes A. Plunkstt, Attorney, representing Hi,. J. O. Flunkett~ the matter was again before the body. Neither ~i~o J. O. Plunkettnor his Attorney, Mro Hess A. Plunkett~ appearin~ the matter was laid over to the next regular meetin~ of Council. CONSIDERATION OP CLAI~: INTRODUCTIOH AND COhSID~-~ATION OP OBDINANC~5 A~rD ~FaOLUTION$: LI~RARIF,5: 9rdinance No. 1~9~ s~endl~ Chapte~ 39~ ~Public Librariess, of the Code of the City of Roanoke, by adding three new sections thereto, hsvin~ previously been before Council fo~ its first reading, read and laid over~ was a~ain before the body, ~. Pickett offering the follouin~ for its second readin~ lend final adoption: (~l~a~9) AN ORDINAECE ~snding Chapter 39, ePublic Libraries~, of the Code of the City of Roanoke, by adding three ne~ sections thereto. {For 1~11 text of Ordinance, sea Ordinance Book NO. ~0, Page Ers. Pickett moved the adoption of the Ordinance. The notion ~es seconded by Hr. Wel~rop and adopted by the following vote: AYES: Council members Hanes, ~lckett, Puckett, ~aldrop~ Webber, and the President, H~. ~oody ...................... HAYS: None ........................ O. (~. Young absent) TA~S: Ordinance No. 1~3, reducing the present rate of $~o?] per of assessed valuation to $~.?~, effective ~anusry l, 19~, having previously been before Council for Its first reading, read and laid ovs~, was again before the body, Mr. Waldrop offering the following for its seco~ reading and final adoption: (#12253) AN ORDINANCE to amend and reordatn Section 1 of Chapter 17 of the Code of the City of Roanoke, as amended o~ the 5th day of October, 1953, (Ordinance No. 119~§), establiehl:~ and levying the annual tax rate on all real estate and improvements thereon, upon all tangible personal property and upon all machinery and tools, lncludln8 machinery and tools used in manufacturing and mining businesses in the City not exempt from taxation bY law. (For full text of Ordinance, see Ordinance Book No. 20, P~ge 283.) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by ~w. Hanes and adopted by the following vote: AYES: Council members Hanes, Pickett, Puckett, Waldrop, Webber, and the President, Mr. Woody ....................... 6. HAYS: Hone ......... ................ O. (.~r. Young absent} LICENSE TAX CODE: Mr. Hanes brought to the attention of Council and offered ~he following emergency Ordinance, amending andlrcordaining Section 156, relating to applications for license, of the License Tax Code of the City of Roanoke, in ~wo sections: ($12258) AN ORDINANCE amending and reordaining, in two sections, Sec{lon 56, relating to applications for license, of Ordinance Ho. 97~0, relating to license taxes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. PO, Page '3O AYES: Council members Hanes, Pickett, Puckett, Waldrop, Webber, and the President, Hr. Woody ..................... 6. '~ RAYS: None ....................... O. (Hr. Young absent) MOTIONS AND MISCELLANEOUS BUSINF.~S~ qUALIPICATION OF OFPICERSt The City Clerk reported qualification For office of the followin~: Hr. David Dick aa a member of the Board of Appeals, as provided for in Section 10~ o£ the Official Building Code o£-the City of Roanoke, ¥ir~inia, for a ter~ of five years beginning October 1, 195{4; Dr. Charles M. Irvin as Medical Examiner for the City of Roanoke, Virginia, for a term of three years beginning Octobsr 1, 19c~; ar~l Messrs. Joseph T. Eirkland, Floyd M. Brlll and J. W. Elliott as m~mbera o£ the' Board of Equalization of Real Estate Assessments for the City of Roanoke, Virginia. The certificates ~ere ordered filed. TRAFFIC: Hr. Hanes moved to refer to the City Manager for study and reco~endation the question of installing receptacles on the parking meters wherein citizens might deposit their parking tickets and Fines, eliminating the necessity of said citizens coxing to the Municipal Bulldin~. The notion was seconded by Mrs. Pickett and adapted. There bein~ no further business, Council adjourned. APPROVED AT~T: ~ C0UNCIL~ REGULAR HEETI~ Monday, November The Council of the City o~ Roanoke met in ~e~uler meeting in the Council Ch~be~ in the Municipal Building'. Monday, Nover~er IS, 19~4~ at ~CO ogcleck, po m.. the re~ula~ meeting hour, with the Preeident~ Mr. Woody, prestdin~. PRF~Eh~: Council men, ers Pickett, Fuckett, Waldrcp. Webber, Young, an~ the President. Mr. Woody ..................... ABSENT: ~. Hanes ................ O~IC~S FRF~E~: ~r. ~thur Z. O~e~, Clt~ Hana~e~, ~. Randblph G. ~Ittle C~ty Attorney, Hr. Harry R. Yates, City Auditor, a~ ~. J. Robert Tho~a~, C~ty Clerk. ~e meetl~ ~as opened ~ith a prayer by the Revere~ Earl T. Gentry, of the Valley View Wesleyan Hethod~t t~urch. HI~T~: Copies of the minutes oF the reeler meetin~ held on November 1, 19~, and ~ove~be~ 8, 19~, having been furnished each membe~ o~ Council, upon motion of ~. Pickett, seco~ed by ~. ~ebber a~ ~dopted, the re~ding wa~ dispense ~lth and the minutes approved as reco~d. ~9IE~O~ CITIZENS UFON FUBLIC NATTFRS: N0~. ~ITIONS A~D CO~NICATIONS: STORM DRAINS: A co~unlcation from the Wasena Hills Civic Lea~e, requesting that Council ~nclude In the 1955 budget an amount of $3,000.00 fo~ the construction of a ~torm d~a~n In W~ndsor Avenue, 5. W., from Law~h~ll Street to Grace Street, and ~n Grace Street to GraVen Road, was before the body. )~. You~ moved to ~efeP the co~unicat[on to the C~ty Manager fo~ an estimate of the cost, the report of the C~ty Manager to be submitted to Council du~[ng its budget study sessions. The motion was seconded by Mr. Wmldmop and ~adop%ed. STORM DRAINS: Co~un~cat~ons from the residents of the 1600 block of Ma~den Lane, S. W., and the 1600 block of Westovef Avenue, S. W., reque~t~nE the of a storm d~ain or a drainage shaft %o eliminate floodln~ conditions dur~n~ heavy rains ~n the alley at the rear of %he~r properties, were before Council. Mr. Waldrop moved ~o refeP the ~equest to the City Men~[er for s~udy and report.to ~ouncll during its budget study sessions. The notion was secor~ed by Mr. Young and ~dopted. REPORTS OF O~IC~S: ~G~-~3NICI~ CO~T: The City Manager presented s ~equest of the ~ef Judge of the Municipal Cou~t for an appropriation of $250.00 for stationery a~ office supplies ~n the Mun~c~Dal Cou~t budget to meet the requirements of that off~ce for %he balance of ~he f~scal year. ~. Webber moved ~o concur tn the request and offered the follow,nE eme~genc] Ordinance: (~12259) AN O~I~ECE to ~mend and reorda~n Section ~2~, "Municipal of the !95~ Appropriation Ord~gance, ~nd providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20~ Page R88.) ~. Web,er moved ~he adoption of the O~dinance. The motion was seconded by ~. Puckett a~ adopted by %he followin~ vote: A~: Council members Pickett, Puckett, Waldrop, W,Sber, Young, and the ~res~den%, Mr. Woody .................. 6. PAYS: Hone ............... O. (Hr. Hanes absent) With fur~he~ ~e£erence to the Municipal Court budget, Council ~eceived a request fro~ the Chie£ Hunicipal Judge £or an appropriation of $73.00 to permit the installation of additional telephone services in that department for the balance of the fiscal year. F~! Waldrop moved to refer the request to the City Hanager for study an~ recommendation to Council. The motion was seconded by F~. Webber and adopted. BUDGET-DEPART~J~NT 0P PUBLICWELFAHE: The City Manager presented a request £rom the Directo~ of Public Welfare for a. tran~fe? of $~000.00 from Old Age Assistance to Aid to Dependent Children in the Welfare budget, in order to eliminate the necessity of cutting the grants to Aid to Dependent Children for the balance of the fiscal ~ea~. ~s. Pickett moved to concur in the request and. offered the following (~12~60) A~ ORD1NAECE to a~end and reordain Section #5~ "Public Asaistance~ of the 195h Appropriation Ordinance, and providir~ for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page ~88.) Hrs. ?ic~ett ~oved the adoption of the 0rdinance. The motion was seconded by Er. ~eldrop and adopted by the followlng vote~ AYES: Council menbers Pickett, Puckett, Waldrop, Webber, Young, and the President, ~r. Woody ................... 6. NAYS: None ..................... O. (~r. Hanes absent) VATER DEPART~F"A~: Council at it: ~eettng of November 8, 195h, having refer to the City ~ana~er for study and reco~.~endatlon t~e request of Hr. L. ~. Edwards, 1~15 Broo2a Avenue, S. E., that water service be extended acrossprivate property to serve the residents of Brooks Avenue, the City Manager reported that granting such per~ission w~uld establish a precedent which m~y prove to be very cost]y to the city and that he cannot reco~.~end it. I~r. Edwards ~;peared before Council and ~tated that it is possible that Mr. T. C. grown, the owner of property adJaceat to hts land, might donate sufficient land to the city for the extension of Eefauver Road, $. E., in which ~ water main could be 1eld to serve the property now ~ithout water service without violating the Rules and Re~ulationa of the Water Department. ~. Webber moved to refer the =attar back to the City ~anager to confer with ~r. 5town and see if the hatter can be worked out in accordsnce with the existing Rules and Rsgulat~ona of the ~ater ~eDartm~nt and the Subdivision Ordinance and to r~Port to Council. The ~ot~on was seconded by Kr. Young and adopted. TRZ. FFIC: Council at its neetlng of November 8, 195~, having referred to the Clby Manager for study ar~ reco~uendation the question of establishing receptacles the parking ~eters wherein cit~zens m~F~t deposit their parking tickets and fines, the City Manager reported that he is thoroughly in accordance with the suggestion and belfeues that the benefits lap offset the arguments agmtnst it. The hatter having been presented by Councilzan Letgh R. Hanes, Jr., who was absent from the ~eeting, the matter was lald over until the meeting of November B%~GET-S~dAGE DISPOSAL: Council at its meeting cf November 1, lq~4, having to the City Man,gee the request for an appropriation of $1,500.00 to cover the installation of a sprinkler ~ystem at the Sewage Treatment Plant for the elimination of Foam on the aeration tanks with the requeat that he take the matter up ~ith Alvord~ Burdick and Mowson, ConsulttnF EnFineera, for their reco'~-,,sndation and/or concurrance,'the City Manager reported that }~. L. R. Mowson, in a letter dater November 5, 1954, approved the installation of the aprinkler system and recommended the expenditure requeated therefor. Mr. Young moved to concur in the r~quest of the City Manager and offered the following emergency Ordinance: (~12261) AN 0RDINAECE to amend and reordain an Ordinance adopted by the ii Council of the City of Roanoke, Virginia, on the 25th day of January, 195~, Iio. ~ 12~4, entitled, "An Ordinance making sppropriatlons from the Sewage Treatment ~ Oe~:iral Fund for the City of Roanoke for the fiscal year beginning January 1, 195~,~~ and ending December 31, l~Sh, and declarlnc the existence of an e~rrency", and [ providlqg for an emergency. (For full text of Ordinance, see Ordinance Book No. ?0, Page 289.) Mr. Young moved the adoption of the Ordinance. The motion was seconde~ by Mr. Webber and adopted by the following vote: AYES: Council meaber~ Pickett, Fuckett, Walorop, Ifebber, Young, and ~he President, Mr. Woody ................ 6. NAYS: None .................. 0. (Mr. Hanes absent) GRADE CROSSINGS: The City i!anager reported that in order to cot. plate a p~rt! of the Jefferson Street Grsde Crossing Elimination Viaduct and Project which would permit a grade ascent from !iorfolk Avenue to Salem Avenue, S. E., under the ne~ Second Street Bridge. it wlll be necessary to acquire mpproximatcly 3,2t5 square feet of land from ~/r. Jacob L. Brenner, the City lianager statiflg that the appraised va]l~e of the land set by Messrs. R. L. Rush,'James A. Turner and C. W. Fr~ncts, Jr., ia $6,500.00, and requested Council to authorize him to make an offer for the land at that price. Mr. Webber moved to concur in the request of the Cfty ~anafer an~ offered the following emergency Ordinance: {$12262) AN 0RDINA~CE authorizing the acquisition of certain property for the widening and extension of Salem Avenue, S. E.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. FO, Page 289.) Mr. Webber moved the adoption of the Ordinance. The ~otion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Pickett, Puckett, Waldrop, Webber, Young, and the President, Mr. Woody .............. 6. NAYS: None ................ 0. (.Mr. Banes absent) AIRPORT: A request from the Piedmont Airlines that the city rent it for use as crew quarters the Post Office room in the Airport Terminal Building havin~ been preeented to Council at its meeting of November 8, 195h, and referred to the City Manager for investigation and reco~mendation to the body, the City Manager reported that the airline's need for the room is to provide some place for the flight crews to relax between flights other than the main operation department and that the length of time involved ~ay not exceed three to four months, however, the requested space will not be used es sleeping quarters since crews who remain in Roanoke overnight uae hotels, hut rather as a lounge ~,n crews lay over from two to four hourao Hr. Webber moved to refer the matter to the City Attorney for the preparatlo of the proper Ordinance, said Ordinance to provide for termination of the lease upon thirty daysI notice. The motion was seconded by Hr. Puckett and adopted. POLICE DEPARTP~--E~ The City F~nager reported that ~M. S. H. ~'eddle has been restored to duty in the Police Department, effective November 10, 195~. The report was ordered filed. CITY PHYSICIAN: The City Hanager submitted written report from the City Physician for the month of October, 195h, showing 567 office calls, prescr}ptions filled and 236 treatmenta given, as co~pared with 611 office calls, 614 prescriptions filled and 287 treatments given for the month of October, The report was ordered filed, ?~ORTS: The City Hanager submitted ~ltten reports from the City llarket, the Bellnquent Tax Department, the Depart~.ent of Buildings, the Electrical Depsrt~ent and the Furchasin~ Department for the month of October, 19~4; al~o, ref_rts from the Department of Parks and Recreation for the months of September and October, The reports were ordered flied. REPORTS OF ANIMALS: C~uncX1 at its mee~!ng cf August 9, 195~, havi~g referred to a co..~mittee consisting of ~yor Robert W. Woody, ~r. Walter L. Young, ~s. ~ary Pickett, Hr. Arthur S. Owens, ~r. Grover C. Flippen and ,v~. R~ndolph G. Whittle a co~munication from the Roanoke Valley Chapter of the Society for the ~revention of Cruelty to Animals requesting fin~ncial aid in their program for study and reco~endation, the co.~-~ittee, in a written report, stated that while Xt is sy~pathetic ta~rd the anl~i problem in the el%y and feels that the ~. P. C. A. should be co~ended for its activities in that field, it recomr~ends that the governmental ~unc~ions prescribed by l~w should be confined to the operation of the city government and that the $. P. C. A.'s provisions and operation should be entirely independent of the city. ~r. W~ldrop moved to receive the report and take it under advisement and that the City Clerk furnish copies of the report to those ~e~bers o~ the S. P. iwho mat with the committee. The ~otfon w~s seconded by ~. Webber and adopted. UNFINISHED BUSIh~SS: WA?ER DE~ARTME, NT: The request of ~r. J. O. Plunkett for payment in the of ~1,500.00 for a pump installed ~y him prior to the clty's acquisition of his water system in ~arden City having been laid over from the previous meeting of Council, was a~ain before the body. Mr. ~oss A. Plunkett, Attorney, representing ~r. J. O. Plur~ett, who was pre~ent at the meeting, stated thst an inventory was made of the Garden City water property on November 1, 1949, by Alvord, Burdick and Howson, which established the val~e of the plant for negotiations between Mr. J. O. Plunkett and the city in ,the city's acquisition of the system: that subsequent thereto Mr. J. O. Plunkett installed the pump at the request of the city's school officials, the City Manager and members of Council; that Council, by Resolution, in November, 1951, in setting up a committee to neEotlate with the small water co.v~panles stated that: "After any such agreement is consummated, the owner of the system shall make, at his expense, no capital improvements to the system unless and until such improvements are approved by the Water Department of the City of Roanoke and the cost of such ~pprove capital l~provemants' shell be added to the a~reed purchase price", Hr. ?lur~att atatl~ that ln'hi~ opinion thi. established a £air basis o£ tradir~; that. the pump installed by R~, J. Oo Plunkett ~as approved by the Water Department of the City of Roanoke; and that While this policy was established subsequent to the lnstallatic of the.put, p, he feels that the policy ia fair and equitable and ,ho~ld apply to his client,s case, atatir~ further that the co~mittee of Council recommended that the city pay $1.~00.00 For the pu~, and requested Council to adopt the report of the In reply to a question from H~. ~ebbe~. ~r. Plu'~ett stated that his ~ea~ch of the ne~sp~per~ and othe~ record~ did not indicate thgt Covncil had officially ;ted Xt~elf at any time to pay for the pump which was installed by M~. J. O. Plunkett. After a fu~the~ d~=cuss[on, Mr. Fuckett moved %o concuP ~n the report of %he com.~ttee. The mot[on was seconded by M~s. P~ckett and lost by the follow~nF vote: A'~: Council members P~ckett. Fuckett, al~ the PPea[dent, }[~. Wood~ ..... NAYS: Councll membePs W~ld~op, ~ebbe~ and Youn~ .... 3. (M~. Hanes absent) BURRELL ~ORIAL HOSPITAL: A pepomt of a co:ittee on the ~equest of the Bu~rell Memorial Hosp~tml fop f~n~nc~al ~ss~stance hav~nE been la~d ove~ fmom the ~eetln~ of NovembeP 1, 19~, was ~faln before Council. The C~t~ Clerk adFised Council that the ~omPd of T~ustees of Bu~e!l Hosp[tal has asked that the matte~ be again 12id ove~ fo~ one week, in oPde~ to pe~[t the Boa~d to coa~lete its study o~ the report; whe~euFon, the mattep was ls~d CITY K~FLOYEFS: Council at [ts meet[n~ of NovembeP ~, 19~, hav[nK mecelved · co~un~catlon from the Connonwealth AttoPney, ~eToPtlnF on his [nvest~Fat~on affidavits aller[n& [lleKal acts of cePtsln mun[c[pal e~ployee~, and havlnE twenty-seTen of such affldmv[ts to the City ManaKer fo~ consideration and such action as he deemed p~oper and f[ve of ~uch affidavits to Council, act[nf as a Committee of the %~}lole~ fo~ consideration and such action ~s It deemed DPope~; one ~f the affidavits concemntn~ two pePsons, one unde~ the supemF~alon of the :ounc~l m~ one undem the supervision of the City Mana[~r, both the City Mana[ep and the Council Committee to repoFt on the[~ f~ndinEs, Council, mctlng as a Co:~[ttee of the ~nole, h~v~ns met mt 7:30 o'clock, p. m., Novembe~ 11, 195~, subnltted the followln~ msJoP~ty report: "Novembep 11, 19~. Council, sltt~ as ~ co~%tee of the ~hole, w~th all members p~esent, in the Counc[1 Ch~beP, at 7:30 p. m., on the sbove-ment[oned date, to ~nvest~Eate the f~ve affidavits concern~n~ three offic~sls elected by of the th~ty-one-affldavits, filed ~ith Council by then Councilman-elect Paul J. ~ckett, on July 12th, 195~, purportin~ to allege irregularities in~olvinK zonal tu~pitude on the part of such City officials. The first affid~vit so conside~ed is Kunbe~ed 1~. It was made by one C. L. Jones, unde~ Date of July 3~d, 195h. The affiant states: ~I pushed dirt out of Paul McGhee~s d~lve on Eden Drive, N. ~., and HP. McGhee and }~. Su~pte~ told me that Hm. Yates, the Assistant C~ty ManaEep, had given hi~pePmiss[on to have this woPk done. This womk was done on City time, w~th Ci~y equipment a~ City gasoline.' Council concluded that M~. Yates had nothinE whatsoeveP to do with this ~mtte~ and that it was a clesP casa of mistaken Identity. AccoFdingly, on motion of Councilman YounK, seconded by Councilwoman Pickett, E~. Yates was c exonerated, In the premises, bi the unanimous vote of the seven members p~esent. ~letely Council then considered affidavits Nos. I and ~ made respectively~' under the dates of June )Otb and July ~th, 19~, and by O. D. Oreen and S. H. Flora. These two affidavits are~ for practical purposes, identical and deal with repairs ~ade to City Homager Arthur So Owens~ privately owned Chevrolet autor~obile at the City Oarage and at the City*s expense, resulting from damage sustained to it tthe latter part of ~ or the first part of [PhP~:while said car was baingused in South Roanoee~n City businass.--'~ndsr these circumstances Council vas of the opinion that the City Hanager~ in having him private car so repaired~ violated no rule~ regulation~ resolution or ordinance of the City. Therefore~ on motion of Councilman Mebber~ seconded by Councilwoman Pickett~ the City Homager co~letly exonerated~ in the premises by each member eignin~ this report° Council then considered afffidavit No° ]~ made by S. ~. Board, under date of June ~Oth, 19~. Thia affidavit states~ in effect~that in the ' winter of that e~t City employees, at the direction of the City ~ana~er, went to Richmond and returned to Roanoke a City-owned automobi damaged there while under the control of the City Hanagerl and repaired the same at the City Garage and at the City's expense. Council concluded that, the City Hansger, in having City property, damaged while bei~ used on City business, so removed to and repaired at the City Garage violated no existing rule, regulation, resolution or ordinance of the City but, on the contrary, followed the generally accepted procedure. Therefore, on motion of Councilman Young, seconded by Councilman Maldrop, the City ~ansger was completely exonerated by each me~ber signing this report. Council then considered affidavit No. 11, made by H. M. Tho.mpeon, on the ~th day of July, 19~h, alleging that trees were pruned, shrubs planted and, also, that sludge was delivered from the Sewaae Disposal Plant to the prenlses of Hr. J. Robert Thomas, City Clerk, by City forces. The Council concluded that }~. Thomas was wholly free of any misfeasance whatsoever in the premises. Accordingly, on ~otion of Councilman Hanes, seconded by Councilman Youn8, !-ir. Thomas was completely exonerated by each member signing this report. It is, hereby, stated that each member of Council, signing thl~ report, was so thorouahly convinced, as a result of this Investigation, that no moral turpitude was involved in shy of these matters and, further, that neither of the aforementioned three officials was ~uilty of any misfeasance, in the premises, that no such member considered it necessary to have either of said officials make a statement in his respective defense. The Clerk of this C~uncil is hereby dlrectad to spread a copy of this report in the Journal of this Council and to make the original an official record. (Signed) Robert ~. Woody Hayer (Signed) Letgh B. Hanes, Jr. (Signed) ~ary C. Pickett (Signed) Walter L. Yours (Sig~ed) Roy L. W~bber (Signed) John ~ear lffaldrop" Fr. Webber moved the adoption of the remort. The motion was seconded by Er. Waldrop and adopted by the following vote: AYES: Council members Pickett, Wuldrop, Webber, Young, and the President, Woody ................... NAYS: Nr. Puckett---1. (~r. Hanes absent) Mr. Puckett then offered the following minority report: '11-1~-5~. Mayor City of Soanoke This is a minority reuort of the cox~ittee made up of members of City Council to investicate lrrecularities alleged to have occurred st the City Garage. There were no witnesses present nor evidence presented to offset the affidavits presented. Therefore, I vote no on the ~aJority report of the ccx~fttee. I agree that ~r. Harry Yates should be completely exonerated es he was apparently a case of mistaken identity. (Signed) Paul J. Puckett" The report was filed. The City Homager then presented the following report: "Roanoke, Vircinia November 15, To the City Council Roanoke, Virginia ~embers of Council: On November 8 you referred to me in your Pile #leh twenty-seven affidsv conoerning alleged irregularities of municipal employees, which had previousl .$7'i been before City Council and hsd ~een referred to the Commonwealth's For investigation and report back to Council. I have thoroughly lnv~stigated' each of the charges against the' employee under my supervisionwho were included in the affidavits, and I have reached the conclusion that each of these employees are innocent of any legal or wrong doing, Consequently, I have taken no action, thereby exonerating them of the charges, with reference to controls over the' City's' equipment, supplies, and materials, ! have caused to be installed the most efficient system that could be devised by our Auditing Department~ with several private enterprise! working with them toward preparing this system.. Respectfully submitted, (Signed) Arthur S. Owens City Manager" Mr. Young moved to concur in the report of the City Manager. The motion seconded by Mrs. Pickett and adopted by the following vote; AYe-S: Council members Pickett, Waldrop, W~bber, Young, and the President, Mr. Woody ............................ NAYS: llr. Puckett ............. 1. (Mr. Ilanes absent) CONSIDERATION OF CLAIMS: NOl~. IETRODUCTION AI~ C6NSIDERAT!ON O? ORDINANCES AND RF$0LUTIONS: WAT-~. DEPART}~: }~. Webber brought to the attention of Courcll and offered the following Resolutionl approving the relocation of the Water Department's operations building, to be constructed by H. A. Luces and Sons on the "Ninlnger Property", approximately twenty-five feet westerly fro~ its pos[tlon as shown on the Plans and Specifications t~erefor ar~ as staked out by the Engineering Department under supervision of the City Engineer: (#12263) A RESOLUTION approving the relocation of the Water Department's oper~ions bu~]dlng; and provldlng for an e~ergency. (For full text of Resolution, see Ordlnance Book No. PO, Page 290.) Mr. Webber moved the ~dopt~on of the Rcso!u~!on. The motion wes seconded by ~. Young and adopted by the following vote: AYES: Council ~e~ubers Pickett, ?uckett, Webber, Young, and the President, Mr. Woody ........................... 5. NAYS: M~. We~drop ............ 1. (Mr. Hanes ~bsent) HOUSING: i~. Webber brought to the attention of Counclla Resolution, appointing a co~mlttee to draft a proposed contract between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke, providing for a slum clearance and redevelopment plan, for the study and consideration of Council, and conditionally evidencing Council's intent to authorize the execution of such contraot if and when it has been approved by Council and it has, also, been determined that such contract is acceptable to said Authority. Mr. Webber noved that the Resolution be offered for adoption. The ~otion seconded by Mr. Young. Mr. J. W. Boswell, representing the Roanoke Real Estate Board, appeared befo~ Council and asked that the matter be continued until the next regular meeting of Council, due to the absence of F~. Hanes frcn the meeting. Mr. Waldrop then offered a substitute motion to lay the Resolution over to the next regular neeting of Council. The ~otion was seconded by Mr. Puckett and adopted. MOTIONS AND MISCELLANEOUS BUSI~ESS: ZONI}~G: Mr. Homer L. Wstd, President, Hone Dealers, incorporated, appeared before Council and presented a cor~municat~on, a~king that property located on the south side of Cove Road, N. W., west of Lafayett? Boulevard, described es Lot 10, Block 1~, ¥111a Hel£~ts Hap, Official ~o. ~50101, he resoned from General Residence District to Business D~strict. Hr. ~aldrop moved to refer the request to the City Plannln~ Co=~lselon for study and recommendation to Council. The motion was secondedby~. Younz and adopted. LICENSE TAT CODEs H~. Young stated that he has been advlsed that Hake Hsnufacturln~ Company, Incorporated, has been required to pay a license tax both as s manufacturer and a wholesaler and moved that the matter be referred to the Licenee Tax Code Study Com~lttee for Investigation and report to Council. The motion ~as seconded by ~r. ~ucketb end adopted. INVITATION$-AR~:0R¥: The Fresident, Mr. Woody, brouEht to the ettentfon of Council a communication from Lieutenant Colonel Smnuel J. Light, Co~andlnz the First Battalion, ll6th Ir-eantry, Vlrglnla Na~isnsl Guard, InvttlnE members of Council to attend the corner stone laying ceremony of the Hoanoke National Guard Armory at 1:00 o'clock, p. m., November 20, 195~. The co~unicatlon was filed. There beinE no further business, Council adjourned. APPROVED Clerk / Pr~lder~ '39 COU~C]L~ P~ULAR Ronday; November Z~ I~0 Cotmcil of the City of Roanoke ~et in reeler meeting in the Council Chamber In the ~e~pal-~ldinft Ho~ay, Novem~r 22s 19~j at ~s~'otelock, p, the re.ar meetl~ ho~t vith ~o ~esident, ~. Vo~y, presiding, ~T~ Co~cil men.rs H~esj PiCkett, ~ckett~ ~aldrop, ~eb~r,' Y~, a~ the ~es~dent~ ~, ~o~y ............ 7. A~YI ~one ........ ~ .......... O~IC~S P~I ~. Art~ S. ~ens~ City ~ger~ ~, R~olph 6. ~ttle City Attorney~ ~, Harry R. Yates, City Auditor~ ~d ~. J, ~obert ~o~s~ C~ty Clef ~e meetin~ ~s opened wl~ a prayer by the Reverend C, H. Key, ~stor ~llliamson R~d Ch~ch of the ~e~en. HI~ Copy of the relates off ~e reeler meeting-held on Honday~ 15~ 19~ ~vl~ ~en ~rnished each member oF Co~cll~ upon motion off ~, Y~, seconded by ~, ~ckett and adoptS, the readl~ ~s d~spe~ed ~lth a~ the ~nvte~ approved as recorded. ~ING OF CI~S U~N ~LIC ~T~ · S~ ~D AL~YS~ C~cil at its ~eett~ of October 18, 19~, received ffrom ~oanoke H~es~ Incorporated~ Grace k'. ~nsmore ~d J. AFt~F a petition for the closin~ of Van ~en Street~ N. k'., ~t~een ~yo~in~ Avenue and Een~c~ Avenue, a~ the east ~ feet of a lO-foot alley ~n'Block 3~ ~'ash~n~ton Heights Hap, ly~n~ be[veen ~omin~ Avenue a~ ~entuc~ Avenue, vhich re~est ~as referred to the City Pla~nE Co~ssion flor study ~d reco~e~at~on, and the City ~la~i~ Co~ssion ~ving re~prted to C~cil at its meetin~ off Novem~r 1~ reco~e~ln~ t~t the request off the petitioners ~ granted, ~d C~c~l at said meetin~ hav~ directed t~t a public hearl~ ~ held at 2=~ o~clock, p. 22~ 19~ on the ~tter~ the ~yor at t~s time ~o~ced that the hearing ~uld held. No person appearing in co~ection ~th the ~tter, ~, Hanes offered the (~122~) ~ O~INA~E vacating all of the present Van ~en Street, N. as lies ~een ~o~n~ Avenue~ N. ~., ~d Kentvc~ Avenue, N. ~., ~d all of the alley lying ~e~een ~o~ Avenue, N. ~., ~ Kentucky Ave~e, N. k'., ~d east the proposed ne~ street or extension oF Gll~r~ Road, N. U.~ ~d ~'est Side Boulevard N. ~., as sho~ on the Hap of ~ashin~ton Hel~hts~ property off the ~ashl~ton Club ~ Corporation, recorded in Plat ~ok 1, paEe 43~ in ~e Clerkts Office off the Circuit Court flor the Cowry off R~oke, Virg~a~ the' alley as the s~e n~ exte~s t~ou~h Blocks ~ ~ ~, accordl~ to the ~p off ~'as~ton Heights, property ~ashinEton Club ~ Corporat~on~ recorded as afforesaid~ s~l[ ~ opened up a~ continued across that par~ off Van ~ren Street, N. ~.~ here~above agreed to be closed a~ vacated. ~S~ R~noke Homes~ Incorporated~ GFace W. ~ns~oFe ~d J. AFth~F ~nsmore have presented to Co~cil a ~t~en lnst~ent s~ned a~ ac~ovledEed ~n accord~ce vl~ the provlsio~ of Section 15-766,1 C~e of V~r6~nia, 19~ v~ch lnst~ent recites .t~t said parties are the sole a~tt~ property o~ers off Van ~ren Street, ~. ~., ~een ~o~ Ave~e, N. ~., ~ Kentuc~ Ave~e, N. ~,~ ~d a~ of ~e lot= a~tt~ on both sides off the alley 171~ east of the ne~ street to ~ opened ~tvee] Avenuet N,V,t a~.K, entucky Avenue~ 1~, ¥,~ on the ~st ~ ~est 8ids W., on the east,'~ ~ ~t~nt ~s exe~t~ by said ~rties for ~e ~p~e vacating said street ~ said alley~ to-~t~ Ail of ~e present Ya~ ~en 5treet~ N. ~., as lies Ave~e~ N. ~.~ ~ Ken~c~ Ave~e~ N. ~.~ ~ all of the alley ~y~ ~en ~ Ave~e~ N, V.t ~ Ken~c~ Ave~et N. V., ~ e~ 'of the propos~ new s~eet or exte~ion of Gll~rt R~d, N. W., ~est Side ~le~ N. ~.~ as sh~ on the ~p of ~shl~ton Heights, property of the ~as~t~ Club ~ Corporation record~ tn ~k 1~ ~ge 43, tn the Clerk's Orifice of ~e Cir~lt C~rt for the C~ty of R~oke, Yirgl~a~ the' alley as ~e s~ ~ exte~s t~gn Blocks 2 ~ 3~ acco~lng to the ~p of ~asm~on 2e~ghts~ proper y off ~as~ton Club ~ Corporation~ reco~ as aforesaid, s~ll ~ opened up a~ contl~ across ~t ~rt of V~ ~ren Street, N. here~ve agreed to ~ clos~ a~ ~cat~. and ~IEREAS, there are no other property owners in the vicinity whose rights or will be' abrldged or destroyed by the vacating of said Street and alley, a~ WItEREAS, under the provision of Section 1§-766.1, Code of Virginia, 19~0, aid street and alley may be p~rmanently vacated by the filing for record of said instrument~oviding it has been approved by the governing body of the City of Roanoke, and %~REAS, by action of the Council for the City of Roanoke on the 18th day of October, 1954, the mabter was referred to the City Planning Commission for its o~endation, and ~AS, the Plannin~ 'Co~ssion had a public hearing on October 21, 19~4, at ~hlch he~rir~ there was no objection to the vacating of said street and alley, and the Planning Commission recommended to Clty Council that Van Buren Street, N. W., between ~oning Avenue, N. W., and Kentucky Avenue, N. W., and all of the alley lyin~ ~etween Wyoming Avenue, N. W., and Kentucky Aven2e, N. W., and east of the proposed new street or ~xtension of Gilbert Road, N. W., and West Side Boulevard, N. W., be vacated and closed, and the.alley as the same now extends through Blocks 2 and 3, according to the Map of Washington Heights, property of Washington Club Land Corpora- tion, shall be opened up and continued across that part 8f Van Buren Street, N. W., hereinabove agreed to he closed and vacated, and WHEREAS, Council for the City of Roanoke did o.n the 22nd day ~f November, at 2~00 o'clock, p. m., in Council' chambers for the City of Roanoke, after due public tion as required by law, hold a public hearing on the request of Roanoke Homes, Incorporated, and Grace W. Densmore and J. Arthur Densmore for the closing of Van iBuren Street, No W., between Wyoming Avenue, N. W., and Kentucky Avenue, N. W., and all of the alley lying between Wyoming Avenue, N. W., and Kentucky Ave_hue, N. ~., and ;asr of the proposed new street or extension of Gilbert Road, N. W., and West Side Boulevard, N. W., and the ~peming of the alley as the same now extends through and 3, according to the Map of Washington Heights, property of Washington Club orporation, across that part of Van Buren Street~ No W., to be closed and vacated ~t which hearing the~e was no expressed opposition, and WHEREAS, it l~Arther appears to the Council for the City of Roanoke that loanoke Hcnes, Incorporated, and Grace W. Densmore and J. Arthur Densmore have ~equested that said street and alley be vacated and that the said Roanoke Homes, iIncorporated, and GraoeW. Densmore and J. Arthur Densmore have agreed to bear the .~ost of the proceeding. NO~, ~PiEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that it expresses its approval of the vacating of Van Buren Street, N. W., between Avenue, 8. W., and Xentueky Avenue, 8. W., and all.of the alley lying Avenue, 8. W., and Xentucky Avenue, N. W., and east of the proposed new street o~ exthnalon of Oilbert Road, 8. W., and West Side B~u~everd, 8. W., and the opening $f-th& alley aa tho same now extends through Block 2 and 3, according to the of Washingt~n Heights, property of Washington Club Land Corporation, across that part of yan Buren Streett N, W., to be closed and Vacated and more particularly described as follows! AIl of the present Van Buren Street, N. W., as lies between Wyoming Avenuet 8. W., and Kentucky Avenue, N. W., and all of the alley lying between Wyomir~. Avenue, N. W., and Kentucky Avenue 8. W., and east of the propose~ new street or extension of West Side Boulevard, N. W., as shown on Map of wa of the Washington Club Lan~ Corporation. recorded in Plat Book. 43, in the Clerk's Office of the Circuit Court for the County of Roanoke, ¥1rginia~ the alley as the same now extends through Blocks 2 and 3. according to the Map of Washington Heights, ~roperty of W~shington Club Land Corporation, recorded as aforesaid, shall be opened up and continued across that part of Van Buren Street, N. W., herainabove agreed to be closed and vacated. BE IT FUR~ER ORDAINED that all right, title and interest of the City of Roanoke and the public in and to said street and to said' alley be and hereby are insofar as this Council Is empowered so to do, the City of Roanoke, however~ reserving to itself ~ public easement tb that portion of Van Buren Street, N. W., in ~hlch there now nay be installed sewer lines, water mains or storm drains and 1ng further the right of ingress and egress for naintainance, repair and constructio ~f the sane. BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark "Permanently vacated, Ordinance No. 12264, dated November 29th, 1954," Van ~uren -~treet, N. W., as lies between Wyoming Avenue, N. W., and Kentucky Avenue, ~. W.,'and all of the alley lying between Wyoming Avenue, N. W., and Kentucky Avenue ~. W., and east of the proposed new street or extension of Oil'bert Road, N. W., and ~'est Side Boulevard, N. W., as designated on the Map of Washington Heights, property if Washington Club Land Corporation, on all maps or plats on file in the office of ~he Council o ca o t f R n ks, wherein this Ordinance shall be spread, and referring, to t~e ed Book and Page'number in the Clerk's Office ~f the Hustings Court for the City 'of ioanoke where the af6resaid ~rltten instrument signed by the abutting property owners s filed for record. BE IT FURTHER ORDAINED tha~ the Clerk of this Council be and he hereby is lrected to deliver to the Clerk of the Hustings Court for the City of Roanoke, 'irginia, and the Clerk of the Circuit Court for the County of Roanoke, Virginia, a opy of this ordinance in or~er that the ~aid Clerks nay nake proper notations on all ~ps or plats recorded in their respective offices upon which said street and said lley are shown; and that said Clerk of this Council be and he hereby is directed to urnieh to Roanoke Homes, Incorporated, and Grace W. Densmore and J. Arthur Densmore certified copy of this ordinance to be attached to the aforesaid written instrument or filing for record in the Clerk's office of the Hustings Court for the City of oanoke. Mr. Hanes moved that the Ordinance be placed upon its first reading. otion was seconded by Mrs. Pickett and adopted by the following vote: AYES~ Council m_embers Hanes! Pickett, Puckett, %:aldrop, Webber, Young, and the President, Mr. Woody .......... ty 42 i~TITIO~S A~D ¢OIOtUI~ICATIONSI : ' t/AYSR l~piR~l~iTI A commmicatinn fro~ Mr. Paul 1~o Wirtt. advisin~ that on lOj 1954t-he contracted for a house to be built at,a5 t/entvorth Avenuet N, ~*t and that the Rules and Re~ulations of the Yater Department as adopted ~y Council on November It 1954t covering the installation of voter servicej ~akes It necessary for him to pay $95.00 for the meter settir~ rather than the $5.00 charge required prior thereto~ and asking that he be permitted to pay for a water service connection under the for~er Rules and Re~ulations off the Yater Department~ vas before Council. Hr. Young moved that Hr. t/irt be advised that he will have to obtain water service under the existing Rules and Re~ulations off the'Pater Department. The !was seconded by Hr. Pucket't and adopted. JUVENILE DE~TION HO~s A con~nication from Judge £. Ac Pater Juvenile and Domestic Relations Courtj advising that the State Department of Yelfare and ~titutions has served notice o£ the state's intention to discontinue the use of of Roanoke Detention Home as a study center for children co~nitted to the State Board of k~elfare and Institutions for training and rehabilitation, effective January 1, 1955, and requesting permissive legislation from Council ~hereby the City cf Roanok~ mi§hr extend the privilege of using the Roanoke Detention Home to political s~bdivisions adjoining Hoanoke for lodgment of Juveniles, pending adjudication of their cases, ~ms before Council. Hr. }rabbet moved to take the request under consideration and to direct the City ,V~n~§er and Judge oF the Juvenile and Domestic Relations Court to contact the political subdivisions surrounding Roanoke for the purpose of determining whether not they ~nlld be interested in rising the city's Detention tiome, as sv§gested, and to report to Council; als% that Judge Pate he requested to appear in person before the body when such report is submitted. Uae ~otion ~rae seconded by Hr. Hanes and adopted. BBPOBTS OF OFFICE~Ss ~ATER DEPAR~ENT-' The City Hanager reported that pending the completion cf the ¥:ater Department's service L-uildin§ on ltolllns Road, N. R., it is necessary to locate the }later Department's equipment, ~ateriale and supplies at some point vhere they might be protected, in order that the building presently used for this purpose be vacated ar~l turned over to the contractor on the Jefferson Street Grade Rlimlration Viaduct and Project for demolition, and that he has secured a ~ilding at ~13 Patterson Avenue, S. W., from Hartin Brothers Contractors~ ~t a rental of $350.00 per month for a period of six months, the City Hanager request in~ that Council adopt an Ordinance, authorl~ing such a lease. Pr. Hanes moved to concur in the request of the City H.~nager and offered the emergency Ordinances (#12265) A~ O~DINANC~ authorizing the i~ater Department to lease from Hartin Contractors~ Inc., c~rtain real estate; and providing for an e~ergencyo (For full text of Ordinance, see Ordinance Book No. ~0, Page 191.) Hr. Hanes moved the adoption of the Ordinance. The motion vas seconded by I~aldrop and adopted by the following votes AYES~ Council members Hanes~ Pickett, Puckett, l~aldrop, k'ebber, Young, and Presid~nt, ~_r. '~oody ......... 7. NAYSs None ............... O. STAR HIGI~JA¥8 I/I~HIN CITY LINITS! Council by ~lmnce No. 1~ adopt~ lu~t 9~ 19~, ~vin~.authoriz~ ~ direct~ the Ci~ ~er to pro~e t~ee parcels of 1~ alo~ ~e north Side of Colo~al Avenue, 5. W.e for the vide~ of said streets the City ~er report~ t~t after several mont~ of ne~otiatio~ he ~s ~en ~ble to se~re the 1~ for the am~ts specified in the ~di~nce t~t he ~s ~een advis~ by the Virgins ~par~ent of Hl~h~ys t~t ~less the pro~rty Is seared In the l~late ~e It mliht ~ necessary to reallocate the ~s for the ~denin~ of Colo~al Avenue to s~e other project, the City ~ger l~o~ C~cil t~t the W. H. ~sterson pro~rty can ~ se~ed for instead of the $~2.~ specifi~ In the Ordl~ncei that ~e L. K. ~llock property can be ~c~s~ for $~.~e instead of $6~.~ as specifl~ in the Ordl~cel ~t ~e property of the Hart Rstate ~s recently been p~c~sed by G. G. ~alin ~o is In the process of ~lvlding the property ~d will be re~lr~ ~er the sion ~dl~nce to dedicate the necessa~ rlsht-of-vay to provide for a ~-foot streets a~, conse~ently, there will ~e no cost for this strip of land for which a price of $976.~ ~s set In the orl~l~l Ordinancel and t~t ~ additio~l strip of la~ will be required from pro~rty ~ed by Clarence ~ole v~ch c~ be pro.red $2~.~, ~e City F~er reco~e~in~ t~t Co~cil consider these offfers. Y~. ~'eb~r moved to refer the ~tter to the City Attorney for the preparation[ of the necessary Ordinance~ p~c~se By the city ~ein; ~b~ect to the s~te ac~lr- in[ the ~lance of the ri~ht-of-~ay for the project. ~e notion vas seconded by ~. ~ckett a~ adopted. SID~A~, C~ ~D GU~ ~e City Ha~ger reported to Co~cll t~t during the const~ction of the Eerch~ts ~rking Center at ~efferson Street and ~y Avenue, liS..., ~ ~et,tion ~s f,led ~th the c~ty, requestin, the co~t~ction of slde~lk,I c~b ~d zutter on the north side of ~y Avers, S. ~., fr~ Jefferson Street to the~ vest end of the ~r~ Center, ~ t~t he advised ~e ~erc~nts ~rkin~ Center tha~ because of petitions ahead of It the city c~d not construct the side. S, ~b and~ ~tter at that tine, but t~t if the ~rking Center would ~o ahead and const~ct the~ side~lk~ c~b ~d ~tter ~e city v~ld, when its petition c~e to the top of the pile, reim~se the Herc~nts Parkl~ Center for one-Mlf of the cost of such sidewalk, ~b ~ tutter, ~sed on the city's contract price for such const~ction; t~t the Eerc~ts ~kin~ Center const~ct~ said side. S, c~b ~d ~tter~ ~ ~sed on the city's contract price for such co~t~ction~ is due a re~ of $7~.28~ being ~ne-~ of the cost, the City ~ger requesting C~cil action, authorizl~ the pa~ent of said ~nt. ~. ~ldrop moved to refer the ~tter to .the Cl~ Attorney for preparation of the proper Resolution. ~e motion ~s seconded by ~. Hanes ~d adopted. ~PO~ ~e City ~er su~tted ~itten reports from the Health ~part~eni ~d the Police ~par~ent for the month of October~ 19~; also, a report from the ao~oke ~blic ~brary for the months of September and October, 19~ ~e' reports were ordered ftl~. AIRPORTs C~cil at its meetin~ of Novem~r 1~ 19~, ~vlng directed the City ~ger to advertise for bids for the operation of the res~t at the R~e ~cl~l Airport Te~l~ the City ~er reported t~t ~ conse~ence of ~ch ldvertisement he ~s received one bid fro~ R. P. ~eddy, Jr., v~ch bid does not comply ~th the te~ of the advertisement. ~. H~es ~v~ to refer ~e bid to a co~ttee consisting of Hessrs. Arth~ S. ~e~, ~rs~ll L. Harris ~d R~olph G. ~ittle for s~y a~ reco~e~ation to BUI~BT8 The City )(anager advised that due to action on the part of tho 19r~4 General Assembly'of Virginia tho salaries of the Judges of tho Huatinfs Court, Circuit Court and Lay and. Chancery Court have been ~ncreasod, as a consequence of vhich the oltyts share of said salaries exceeds the current appropriationt and requested that Council appropriate $~93.75 to both the Hustings Court and Lay and Chancery Court accounts and $159,14 to tho Circuit Court account. Hr. Hanes norad to concur in the request of' the City Hanager and offered the follovin~ emergency OrdinanceJ (#1566) AH ORDINAHCE to anend and reordain Section /~0, "Hustings court"~ :Section d~21s 'Circuit Courtu, and Section #22, #Lay and Chancery Court', of the 19~4 Appropriation Ordinance, and previdin~ for an emergency. (For full text of Ordin~nces see Ordinance Book No. 20~ Page 292.) Hr. Hanes moved the adoption of the Ordinance. The motion vas seconded by ~r. Puckett and adopted by the follovlr~ voter AYESI Council members Hanes~ P~ckett, Puckett~ ~aldropt l~ebber~ youn~o and the Preeidento Hr. Weedy .......... NAYSI Hone ................ O, REPORTS OF COMMI?TEES~ NOllE. IJRFINISH~ BUSIRESS z ~RAFFIC~ The question of installing receptacles on the parking meters citizens ~ght deposit their parking tickets and fines having been laid over from th~ )revious meeting of Councll~ vas egain taken up. ' · Hr. Hanes moved to refer the ~tter to the City F~rmger for study, an estl~at~ ~f the cost and reco~endation. The motion vas seconded by Fr. Puckett and adopted. BURRELL REHORIAL HOSPITAL~ The request of the Burrell Hemorial Hospital for financial assistance and the report off Council~s con~lttee thereon having been laid over fro~ the previous meeting of Council~ vas again taken up. The City Clerk advised that the Board of 1~rustees of the Burrell Hospital h~s again requested that this matter be laid over to the ~eeting 29~ 19~4o There being no obJection~ the ~atter ~as laid over as requested. CONSIDERATION OF CLAIHS~ NONE. INTRODUCTION AND CONSID~TIOR OF ORDINANCES AND RESOLUTIONS~ RO~SIN6~ The City of Roanoke Redevelopment and Housin~ Authority havin~ previously presented to Council a redevelopment plan for the ~Co~nuon~ealth lent Project~, vhich plan vas s~b~tted to the City ~lanning Com~ission and approved ~y it vith certain modifioationst and on ~Lich Council held a public hearing October ;8~ 19~3~ and Council~n ~ebber havin~ presented to Council at its meeting of ~ovember 15~ 1954~ a Resoluti.on~ appointing a co. tree to draft a proposed contract ~et~een the city of Roanoke Redevelopment and Housing Authority and the City of ~oanoke~ ~hich Resolution vas laid over to the present meeting due to the absence ~f Hr. Banes, the Resolution vas again presented, naming a committee composed Robert ~. ~oody, Ch~lrmnt Councilman ~alter L. young~ Randolph G. ~fhittle~ Arthur So Ovena and H~rry R. Yates to draft said proposed contract. Hr. Youn~ stated that due to the necessity of his being cut of to~n on occasions, he feels that another member of Council should be added to the .~omLlttee to assure that Council ~ould have adequate representation on the comLittee it all times and moved that the Resolution as presented be amended to include the of Councilman Roy L. %gebber as a member of the said ;1 was seconded by l~ro Puckett and adoptedI Yhereupon, ~r. Web,er offered the following Resolutions (~1~267) A RF~OLUTIOH appointing a committee to draft a proposed contract between the Clt~ of Roanoke Redevelopment and Housing Authority and the City of Roanoket providing for a slum clearance and redevelopment plan, for the study and consideration of Council and conditionally evidencing Councll*e intent to authorize the execution of such contract if and when it has been approved by cOUncil and it hast also, been determined that such contract is acceptable to said Authority. [For fUll text of Resolution, see Ordinance Book No. 20, Page Mr. Webber moved the adoption of the Resolution. The motion'was seconded by Mr. young. The Hayor then recognized Mr. J. W. Boswell, representing the Roanoke Real Estate Board, who stated that the Board is opposed to the Con~nonwealth Redevelc Project, but that it does not oppose a new highvay through the Northeast seo~ion to connect the new Jefferson Street Viaduct with U. S. Highway Route 11, Mr. Boswell presenting the same arguments as those made by him before Council at a special meeting on October 2S, 19~, held for a hearing on the question and recorded in the m~nutes thereof. Mr. Ira J. Womack, Sr., President of the Commonwealth Citizens Association, was then recognised and advised Council that he was speaking for the Negro residents in the area affected by the pla~ and that his association is unalterably opposed to the project, Mr. Womack presenting the same reasons as those recorded in the minutes of the meeting of October 28, 19~. Mr. A. R. Minton, former Councilman, was then recognized and stated that he is opposed to the project since it would deprive many elderly people of their homes, forcing them to move into other areas and thereby creating a worse living condition therein than existed in the area affected by the project, and would establ sh federal control over a large section of the city which he feels should remain under home rule, Mr. Minton stating that if C~tncil is taking this step in order to assure the construction of a highway connection between the new bridge and Route it can construct this highway without the use of federal housing funds by selling th~ bonds already authorised by the freeholders in the amount of $250t000.00 and using the proceeds thereof for the construction of such a highway. Mr. W. P. Swartz, Jr., then appeared before Council, stating that he is opposed to the project as a businessman for the reason that the area affected by the project is one of the few remaining areas in the city open to expansion of business in proximity to the highways and the railroad and that several business people have purchased sites for such expansi~nin the area which they would be unable to re-acquire from the Housing Authority after the project has been cons,,mm-ted, Mr. Swartz stating Further that under the.Federal Housing Law the property, once acquire could only be used for such purposes as the Roanoke Redevelopment and Housing Authority designated and that business in general is opposed to surrendering such authority to the federal government. Mrs. G. S. Williams, Vice President of the commonwealth Citizens Association was then recognized and stated the opposition of the residents of the area affected to the project, presenting the same reasons as submitted to Council at the public hearing on October 28, 19~, and recorded in the minute~ thereof. Dr. L. B. Paxton then appeared before Council in oppositim~ to the p~oject, stating that vhile he is not a resident of the area concerned he and every Negro citizen of the cityvould be affected by it since the removal of hundreds of fa~llie: from that area into the residential areas in the cityvherein Negroes could find ho~es vould reduce the standard of housing in those area,'creatlflg much verse conditions than existed in the area affected by the project, which he stated is far from a slum area ar~ a much better residential area than many others occupied by Negro residents, Dr.' Paxton stating fttrther that he is in opposition to surrendering control ov~r a large portion of the city's residential area to the federal hut~ould rather muintain ho~o rUle in the City of Roanoke. ' Hr. Ac S. Rachal~ Jro, Executive Director of the Chamber of Commerce, was then recognized and read to Council a Resolution of the Roanoke Chamber of Co~nerce Board of Directors in opposition to the project, which was presented to Council at its meeting of January 11, 1954, and recorded in the ~lnutes thereof, Hr. Rachal stating that the Board of Directors of the Chamber of Commerce is still opposed to the project, and requested Council to refrain from goinglnto such a contract. The H~yor then presented a letter from Hr. P. H. ~rout in opposition to the project on the basis of federal intervention into local affairs. Hr. $~ldrop then made the following statementz "I think that this is one of the most important questions ~hich has confronted us, certainly since I ~as elected to this body. For this reason I have Jotted down a few remarks, rather than spurting off and perhaps saying a few things ! will long regret. I know this could be a tempered harangue but I will try to confine these words to nothing but facts. trUst you will be patient and hear me out. $~en I was elected to the City Council I had a conscience, and I pray to God I can say the same thing when I leave the duties of the office behind. I simply can't sell myself on this housing farce. From a business stand- point and the sheer love of money, my firm w~uld stand to reap a nice profit because we are competitive in the building hardware lines. 8o you can see from a strictly selflsh point of view I should say let her rip, the devil take care of the people and the expenses incurred. When I was a member of the City Plannlng Come, lesion, this questionwas dealt with pretty thoroyghly; it was not a matter of unanimity, and except for the fact that some thought this was a Big issue and it should be dealt with by tho Council ltself, prompted the very mild recommendation. Gtherwis I feel sure that it would have met with an ~mphatic rejection. I thinkwe should consider the questions, and not the ballyhoo of what we can get and save if all the "lfs" should become a reality. First, is it a slum clearance project, a betterment for the people concerned, or a hlghway project in disguise? If it is the latter, then it is a frig extravagant one, going clear arou~ thor ham to adequately prepare 'and a few blocks to assure a proper approach to our new bridge. Secondly, if it is a slum and rehabilitation project, then are we not voting to create a condition by forcing the people into a real slum area across Commonwealth Avenue, N. E., or into the older northwest and southwest sections of our citywhere adequate financing cannot be obtained to prevent a soon to be worse condition. Thirdly, are we adequately compensating the people so ~hey can leave their life savings behind and go into an equal or better home, having schools, protection and other services. It is my feeling that the compensati is meager considering their future status in the co~zuunity. We are all of our Welfare Program and I feel this project would by necessity greatly increase the load on that program. Maybe this contract proposal is to Justify expenses incurred for maps, time, etc. If so, let~ face it, Just what kind of a trap have we allowed ourselves to fall into? If we have erred, let's settle it without sacrificing our people as a cover up. Fourthly, is it worth throwing a large sum of money into this section which is almost completely surrounded by business? If we say this will soon be business property then why waste the money to constrUct homes soon to be gutted out? T~ue, it is, unless we herd people back into this area or resurrect a few others, then we don't receive the large credit for our Addison High School and elementary school. Frankly, ! feel that once we force the people out, it will be extremely difficult to get them back into the area~ thus defeating the credits hoped for, unless the mortgage man has completely taken over and.what we offer ~n new housing is extremely cheap and ripe for a genuine addition to our slum area. If ~e a~eundertakin8 this project An an effort to force early construction of a third housing unit, and insure certain Federal Jobs then ~hat_l? ... anoth~r~ question. And trtth thin contemplated project It is ~l~os~ xn vxu~ that the third unit ~ill have to follow, simply because this is not a. enu.[ sltua and rehabilitation program, but a high. ay and questionable scnooA creel progra~ camouflage. I can't see a bond issue in the neighborhood of $1,O00tOOO.O0 to be spent one way or other in connection with this needless dessrucCiont consua~ated to create a real slue condition even for a highway project. As ~uch as the Wllliamson Road traffic condition needs easing, unless steps are taken to adequately fix the southern approaches on the south end of the new bridge[ as it stands no. we have a project three-fourths complete. Wouldn t it be better to forget the fact that we have the opportunity to toss a~ay $2,000.000.00 in tax money at approximately $l,O00tO00.O0 plus or ~lnus to the city, and ask the publie for a bond issue of say $500t000.00 to complete our b?ldge and highway approaches. ! have faith in the people of Roanoke and honestly, ! don't think they ~ant to be hoodwinked. I still think' the ~aJority of them kno~ right from~ron~, and are not in favor of destroying one class or group of people for their visual satisfaction. And re.ember, further, if we set a precedent, it can al~ays be applied to another section. Remember, also, you reap what you soy. and if ~e are goir~ into this debacle then let*s do it by the vote of the people. After all, the supposed credits ~on't come until a good bit after the project is conpleted, and at that time more than likely soneone' other than ourselves will be saddled with the problem· Yes, I am in favor of a nice highway to the north of thc bridge. But for wanton destruction of property, or legal stealing attached to a string of risks of speculative credits--No. With the City in the financial shape it is with dusty streets, unpaved streets, caved in streets, need for adequate school buildings, adjustment of certain salaries, airport improvements, park and recreation developments, be2ter lighting, Juvenile and domestic training, new equipment, ~ater ex~a~sion, and numerous other needs, I Cannot see puttin~ our eggs in this one basket for the sake of a semi-socialist scheme." Hr. Ranes then ~de the following statementt "I respectfully disagree with the many good citizens who favor the Roanoke Redevelopment plan. It seems to me that in dealin~ with all ~vnicipal problenm we should put first thin~s first. An undertakin~ of this type planned in the face of the desperate need of the Roanoke School System is poorly timed in my opinion. Although we ~r111 gain one school building in the area, Roanoke City viii still rank 14th ~mong the 28 cities in Virginia, insofar as beginning salaries for teachers are concerned. We cannot raise the revenue to pay our share of redevelopment costs and also to increase teacher salarie with our city now engaged in deficit financing. It seems to me that our school system should come first. If we are ever again to achieve the status of an all American City, we had better give more financial attention to our schools. With regard to the details of the proposed plan, my opposition is based not upon the benefical results of the plan but upon the method to be employed tn achieving these results. If the proposed plan is followed, the Housing ~.uthority will be dangerously close to an unconstitutional use of its powers resulting in the benefit of private developers. It is proposed that land obtained by condemnation bm sold to private interests for private redevelopment. Privat developers nay certainly be expected to have a Justifiable and legiti~ate interest in making a profit. ~ais profit, in effect, will be made at the expense of those who have been forced by the Housing Authority to sell their ]and at its present value. So far as I know the right of a government to condemn private property has heretofore been conditioned first upon a clear showing that such con- demnation is of benefit to the general health and welfare, secondly, that the condemned property will be used for public, rather than private, benefit The Planning Commission's very fine report on this redevelopment proposal states that the eighty-odd acre tract affected is not the most blighted slum area in the city.. It is quickly discernable that the'greatly needed access to the new viaduct and the even more important new school for the area will take up but a small part of the entire tract. Some proponents of the plan have readily admitted that slum clearance for this area is but an incidental benefit and that an improved viaduct access is one of its primary purposes. FuA'thermore, I am not convinced that the necessity for an access highwa~ to the viaduct, although greatly needed, outweighs the fundamental right of property owners who. live in parts of the redevelopment area far from the access. It seems to me that we can, and should, accomplish substantially the same results by a frank admission of the need for'a highway access and improved school facilities. We should then exercise our right to condemn for public use only such land as we need for public use. Of course, this will be a financial burden, and, of COtL~Se ! results may not be achieved so quickly, but in doing so we will be safeguardinga fundamental right against a subtle encroachment. The day has not yet arrived when the demands of urban society are forcing us to make such a drastic departure from the limitations placed upon the right of condemnation. Every attractively garbed effort to remove or alter these limitations upon our government shouli be rigorously examined. I do not believe that the proposed plan Justifies a departure from these limitations. Hy rees~r~tn~ is no~ necessarily at v~rlanca ~lth the Virginia Supreme Court's holdingln ~unter v. R~evelo~nt Authorlty~ 195 Ylr~a Is pointed out l~ ~ls case~ ~e areas ~cl~ed ~n ~e N~fo~ pl~ included ~o of ~e ~rst sl~ areas ~n ~e city, In th~ Ro~oke case the ~r~ areas are a~tt~ly els~here? Upon roll call~ the ~otion off ~, ~eb~r~ seco~ by ~, ~n~ t~t the Resolution ~ adopted ~as adopt~ by the foll~ vote~ A~ C~cil mem~rs Plckett~ ~ckett~ ~ebber~ Y~ ~ ~e ~esident~ ~s~ Co.oil ~enbers fl~es ~d ~ldro~ ........ AIg~TI A request of ~edmont Atrltnes~ ~ncorporated, t~t ~e city lease it the ~st Offfice roon In the ~icl~l Airport ~r~l ~v~ng previously bee~ presented ~o C~cil ~d reco~ended by the City ~ger, ~. ~ckett offered the follo~ ~dl~nce s (~1~2~8) ~ O~INANCE leasing the ~st OFFice Room In ~e ~lcipal Alr~ort ~l~l to ~e~ont Alrltnes~ Inc., upon cer~ln ter~ a~ conditions. ~S, the Piedmont Alrlines~ Inc., ~s requested the City to lease ~to it the ~st Offf~ce Room in the ~lcipal Airport ~lnal for use as a place In ~ch cre~s ~y rest ~een flights~ ~lch request this Co.oil is disposed to ~HEREFOBE, BE I? ORDAINED by the Council of the City of Roanoke as follows: 1. That the Post Office Room in the Hunicipal Airport Terminal be, and the is hereby, leased unto Piedmont Airlines, Ino.~ upon the following ter~s: (a) The leased pre~tsessha]l not be assigned to nor used by other than Piedmont Airlines, Inc., and shall be used only as a place in which crews may rest between fli§hts but shall not be used for night sleeping quarters; (b) Lessee shall pay the City .~-~,,I~i~-ONE DOLLARs AND FIFTY CENTS per nonth, in advance, for such use of the above premises; (c) Either the Lessee or the City may terminate this lease upon thirty (30) days' notice; This lease shall become effective as of the effective date of this provided, however, that the proper officers of Lessee shall, prior to the il date of this ordinance, have signed the original copy thereof, by which [~lgnatures the Lessee shall be deemed to have agreed and bound itself to observe nd provisions hereof; which signed copy shall be filed the Office of the keep the City Clerk. CCEPTSD, November. 1~.~ ~IEDHOR? AIRLINe-q, I~C. Y President TTEST~ ' Mr. Puckett moved that the Ordinance be placed upon its first reading. The notion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Hanes, Pickett, Puckett, Wald~op, ¥~bber, Young, and President, Mr. Woody ......... ?. RAYS: None .............. -0. MOTIONS AND MISCELIA~EOOS BUSIBESS~ SIDEWALKS: Mr. J. E. Fogle, 1023 Persinger Road, S. W., appeared before ouncil and requested that the city gravel the walkway along Persinger Road, S. W., 'rom Colonial Avenue about 150 feet west. Hr. ~ebber moved to refer the'request to the City ~anager. The motion us seconded By Hr. Puckett and adopted. ~Y~tFFIC-STREET ~IDENI~61 Hrs. Pickett Brought to the attention of Council that the City planning Co~nieelon has reco~ended to Council the ~urchaee of Lot 11, 5, BarBour Heights ~ap, for future ln~rovenent of the intersection of ~ln Street and Breton Avenue, So ~.~ cn which reco~endation no action h~s ~een taken~ end moved to refer the motter to the City E~n~§er with lnstructicns to initiate actic looking toward the ecquleition of said lot. The notion vas seconded By Hr. ~nes ~tcdo There Being no further Business~ Council adjourned. APPROVHD COUECILm H~GULAR HEKTINO, Honday, November ~9, lqbllo The Council of the City o£ Hoanoke net in reEular meeting in the Council Cha=Eer in the Huniclpal Building, Honday, November 29, 19~1, at 2~00 o~cloc~, p. n., thc reEular ~etin~ hour, with the President, Hr. Woody, presidtnE. PRESEI~; Council members Hanes, fickettm Waldrop, Webber, Young, arm the President, ~. Woody ..................... 6. A~$EI~: Mr. Puckett .............. 1. 0F?ICERS ~RESE~: Hr. Arthur $. Owens, ~Ity HaneKer, Mr. Randolph G. Whittle City Attorney, Mr. Harry R. Yates, City Auditor, and Hr. J. Robert Thomas, City The meetin~ was opened with ~ prayer by the Rewererd Janes W. LIp?Incott, Pa~or of Oakland Raptlst Church. }~ARING OF CI~]?EE$ U}'0N PUBLIC ~%TTERS: PETITIONS LED COI~IiICATICIiS: ZONING: A petition from Mr. H. ~I. Noomaw, Attorney For the pro~erty owners of land situate on the north and south sides of N~lrose Avenue, N. W., extenflln~ vesterly f~om the entrance of Falrview Cemetery ap~roximately 1,COG feet, a~klng that their pro7erty be r:zone~ from General Residence Dlstrlct to Buslneas District Nr. Waldrop moved to refer the Fetitlon to the City ~lanntnc Co~.~!ssion fop adopted. REPORFS O? OFFICERS: BUDGET: The City ilann~er presented his recor.~ended 19~ budget. I~. ~ebber no,ed to take the budaet under consideration and set a special mecttn~ of Council for study thereof at 9:00 o~clock, a. m., December 8, at ~'hlch time the constitutional officers and tko Roanoke City School Board be requested to be p~esent for consultation ~lth Council concern!n~ their respective bobcat requests. The motion was s~conded by Mr. Younc and adopted. BUDGET-WATER DEFARTi.~I~: In connection with an Ordinance authortz!nF the rental of property fop the Water Department, as passed by Council at its meetln~ November 23, 195~, the City Monomer'reported that there are no funds available in the 195~ budget to pay for the rental this year and requested an appropriation of $700.00 to pay the ~ent £o~ the months of No,ember and December. Mi-. Waldrop moved to concur in the request ~f the City Rana~er and offered the follo~tnc emergency Ordinance: (~12269) AN ORDIN;NCE to amend and reordaln Section #320, "General Expense", of an Ordinance adopted by the Council of the City of Roanoke, ¥trclnia, on day of January, 195~, I/o. 120~3, entitled, "An Ordinance makinG approLPfetlons from the Water General Fund for the City o£ Roanoke for the fiscal year beFfnnlnc January 1, 19~, and ondine December 31, 195~; fixing the rate of pay of e~ployees of the Water Department; and declarin~ the existence of an emercency", and providln~ (For full text of Ordinance, see Ordinance Book No. ?0, PaRe 296.) 51 }~, Waldrop moved the adoption o~ the Ordinance. The motion was seconded by Mr, Hanes end adopted by the relieving votez AYES: Council ~e~bers Hanes, Pickett, Waldrop~ Webber, Young, and the President, Hr. Woody ................... 6, HAYS: None ..................... O. (}~. Puekett absent) RVDGET-TRAFPIC{ The City Manager reported that there are no funds available for payment of towing charge~ on automobiles removed From the city streets under the Towing Ordinance recently adopted by Council and requested an appropriation of $150.00 to pay such towing c~argea during the present fiscal year. .Mr. Hanes moved to concur in the request of the City Manager and cfrered the followlng emergency 0rdlna~ce: (#lPY?O) AN ORDINANCE to a~end and reordaln Section #60, "Pol'lce Department" of the 1954 Appropriation 0rdlnsnce, and providing for an emergency. (For Full text of Ordina~ce, sca 0rdln~n~e Book No. *0, Page 29?.) Mr. Hanes ~oved the adoption of the Ordinance. The ~otion ~as seconded by ~. Youug and adopted by the following, vote: AYES: Council members Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ...................... 6. NAYS: }:one ........................ O. (Mr. Puckett absent) AIRPORT: The City Manager reported that the Civil Aercnautics Adm~nistration h~s requ=sted a license ta locate an Ultra High Frequency Rebate Transmitter ~= the Roanoke Munfc~Fal Airport for use as a navigational ~id, ~'hich tra~s~Itter the City Man~ger advised %21t be of benefit to the ~ity of Roanoke and its t~abitan~ and race.rended that Council gr~nt such a license. Mr. Hanes moved to concur in the recommendation of the ~ity Manager and offered the fol!o~fng Ordinance: ~#12271) AN ORDINAI~CE authorizing and directing the granting of a license to the United States of A~erica to Inst~ll, operate and maintain an Ultra High F~equeucy Remote Tranem!tter Facility ar.d necessary control fac!litie~ u7on'the pre- ,;ises of the City located in Roanoke County ur~ known as Roanoke ~?unlciFsl Airport, ~oodrun Field). WHk-RE$S, the United States of A~erlca, De?artuent of Com-erce, Civil Aeronau d~inlstration, is willing to install, operate and ma{nta'n, ~ithoub cost to the City an.air navigational aid knov!n as an Ultra High Frequency Re~ote Trans~itter Facility at Roanoke Municipal Airport, (Woodrum Field), provided the City will grant to said Government a Far.a! license, right and privilege to install, opera+e ~ maintain the same on the land at said Airport hereinafter described, together with the right of ingress and egress over other adjoining lands of the City, and a right-of-way For a power line and control line over ~nd across said other lands and the right to utilize any exfstinE power lines, contr~l lines, conduits and other factlitles of ~he City which are adaptable to use in conn~ct!cn with the purpose of said license; WHEREAS, a for~al ~.Titten license ~greement has been prepared in sextuplicate ~¥ said Civil Aeronautics A~tnistration and presented to the City for execution, the {~e beir~ prepared on License Form 2~761 under date of November ~3, 195}~, to extend )var the period from Hovember 15, 195~, until June 30, 1955, smd at the opelcn of ~he Governzent, renewable from year %o year.I at a rental of 0~;e Dollar, (~1.00), per anr. um, such renews=Is, however, tn no event, to extend beyond June 30, 1955, and the license itself to be canc~lable bT either party upon e!x months' notice I~ or at any date %'blob n~y he mutually agre,d upon; and hq~F~F~S, Council Is of the opinion thst such add~tlonal air navigational facility at said Airport is h!ghly desirabl~ and that it is to the best ~ntsrest of the City to grant ~nd authorize the e~ecutl%n of the license hereinbefore de~crlbed; THEREFOqE, 5F IT O~DAIR]~D by the Council of the City of Roanoke ~hat pre,er C~ty Offlctmls be, and they are hereby, authorized and directed, for and on behalf of the City, to execute that certain written license -Cree~,n~ prorated on Government for~ 2~761 under date of November 15, 195~, granting to the Unite/ States of A?rlca the exclusive l~eense, right end privilege to In,tall, operate ~nd m~Inta Ultra H~h Frequency Remote Transnltter Facility ~nd necessary control upon thc follow!~Z de,or!bed l~nds of the City !~ Roanoke Cou~b~, Virg~nls, at Xunlc!ral A~r[ort, (Wo~dr=n Field), more p~rtIcularty described as follows, N?0~ 35'W, R26.5 feet to the ~olnt of beginn!n~; thence from point of beginning urcceed N~?~C0'W, 1CO.O feet to a ~o!nt; th,ncc S61¢00'W, 109.0 feet to a poi:.t: tl~e~ce S~9¢CO'E, 100.0 feet to a po!ut; therce !C0.0 feet ~o the point of be~nn!n~, co,ta!n~ns in all 0.23 ae~es, nora or less, situate in the county of Road:ct:e, ~n t~:e State of V!rFtnla; to£eth~. ~.~th ~he right of !n?ress ~nd egress over o~her adJoi~!nE lands of the Clt2 lards an~ the right to utilize any cxlstlng power lines, control lines, condu~ts or oth*r facilities Df the City :.~h~ch are adaptable to uso in connection with the purpose of said license, to ~xtend over the period from November 15, 195[!, untilJune 30, 1755, and, at the out!on of the Government, rene%~able from year to year at June 30, 1965, and the license itself to be cancelable by either party u[on six months' notice in %,rlt!n~ or at ~ny date '~Hich may be mutually agreed upon. Mr. Hanes moved that the Ordinance be p!~ced upon its first re~d~ng. The motion wua seconded by ~,Irs. P!ckett and a~onted by the follo~inf vote: Presi~ent, ~r. Woody ..................... 6. N~£S: ~:one ....................... O. (~[:.. Yuckett absent) DEP;RT~I~ OF PUBLIC ~LFARE: The City Manager presented ~rltten reports covering the expenditures and uct!vit!cs o* the Department of Public Welfare durlng the month of October, 19~, in compliance with Section 63-67.1 and 63-67.°, Code of VlrKinia. THe re~orts w,-re ordered filed. ~EP;~T~E~ OF PUBLIC WORHS: The City Manager presented Z written repor~ from the Department of Public Works for the month of October, 195~. The resort was ordered filed. W;~TEH DEPARTi,~I~: Council havi~g referred to the City Manager the request of Mr. L. T. Edwards, 1415 Brooks Avenue, S. E., for water aervlce, which request was befor~ Co~:ncil at its meeting of ~Ioveaber 15, 195~, the City Manager reported that he h~s invest~gmted the eitu~t~on thoroughly, .that }~. Edwards has secured as easement over the property of Mr. and Hrs. Thomas C. Brown across whichhe can construct a water llne from Eefauver Road to h~s pre~!ses and has requested that the city relax Rule 21 of the Rules ~nd Re~ulatlons of the Water'Dep~rtment to per,it the installation of such a water line, the City ;.~enager edvislnz that ~s ~he only possible solution he can f~nd to the =attar, and recommended that Council ~rant the request of ~. ~wards. Hr. ~ebber asked if the Resolution~/nich had been prepared~ grantin~ such authority, contained a statement thatsuch action on the port of Council in this instance would not establish a precedent and was advised that it did not; where- upon, Hr. Web'er moved that the City AttQrney he instructed to insert such a paragraph in the Resolution p~evlously prepared. The r~otion was seconded by }ir. Young ar~ adopted. The City Attorney ~hen !n~erted such a paragraph in the Resolution; whereupon, ~. Hanes moved to concur in the reco~=endatlon cf the City ~anager end offered the following Resolution: (~1227~) A R~SO[UTION authorizing the Water Department to In~tall a water connection to serve certain preml~es situate on Brooks Avenue, $. E., known as Lot No. ~370705 ~ceordlng to the Tax Appraisal ~ap of the ~ity of Hoanoke; and 'providing for on emergency. I~[ER. EAB, Lawrence T. Edwards an~ Ruby ¢. Edwards, husband and ~lfe, o~n~rs and residents of certain premises on Bro~ks Avenue, $. E., designated as Lot ~370705 on the Tax Appraisal H~p of the City,~ave petitioned the ~o~neil to be connected with the C~ty's public water ~upply ~yste~ to s~r~e thei~ aforesaid . property: ~nd ~gE~EAS, a strict corpulence ~th ~ULE Fl of the ~ater Department, relatin~ sp~oxlmately 850.0 feet of new ~ter ~in in the ~ubllc s~re~ts as opposed to requlre=ent of no ne~ water main and only approximately 60.0 feet of service pipe if such connection to ~a~d Edwards' property be m~de from the ex[stlnE ~ater ~atn Eefauver Road, S. E., e~ extemded across certain property o~ned by Thomas C. Brown, et ux, and designated ~s Lot No. ~37071~ on the City's Tax Appraisal the cost of either of s~[d extensions to be b~rne by the ~ald L~wrence T. Edwards, et ~x: and ~E~EAS, Council ~ of the op~nien that a str~c~ application of ~Pov~s~ons of tke ~foresa~d RULE ~1 of the Water Dep~rt~ent ~o tke s~tu~t~on above ~oFePty and tke Pequ~enen%s o~ ss~d RULE should, ~n th~s ~ns%~nce, be Pelaxed ~rov!ded adequate easenen~s be obtained by the s~d Lawrence T. Edwards, et ux, nstall tke ~Poposed service co~ect~ons ae~oss the p~o~ePty located %etween that ~he s~d Edwards ~nd the present ~ater ma~n in K~fauver Road, S. E.; and %~EqE~S, fo~ the usu~l d%~ly operation of %ho Water DeD~rtnent, . a dep~ment of the C~ty, an emergency i~ hereby declared t~ exist in ~rder ~hat th~s re~olut~on ~F take effect upon ~%s passaKe; THERF~0RE, BE IT RFS~LV~ by %he Council of the C~ty of aoanoke thgt the ~roDer officials of the W~teP Departzent of said City be, ~nd they are hereby, ~nd affected to ~nstall a water zeter and connection at the westerly end of Ke~ ~auve~ Ro~d, S. E., the sa~d ~eter and c0r2~ect[on to serve thst certm~n lot or ~arce] of la~ designated as Lot No. ~370705 on the Tax A~pPR~S~I ~gp of the C~ty of {oanoke, presently o%~ned by Lawrence T. ~w~rds end Rub7 C. EdwaPds, ~rovided, how- ~ve~,.th~ such ¢o~nect~o~ shall be ~ade .only after such'~me ~s %he sa~d L~wper~e - ~he Clerk's Off~ce of the Hustings CouPt of %kc C~ty of Roanoke ~ deed grant~ng ~se~en% for a r~Fht-of-way for ~ water line over certain property o~ned by Tho~s [zed C. Brown, st ux, designated as Lot No. ~37071a on the Clty'~ Tax A~praisal Hap, the said ~ssement to s~rve the property owned by the said Edwards, and such deed of easement to be upon such form a~ is approved by the City Attorney end to Stint such rl~ht-of-way as is approved by the Acting Mena£er Of th~Water Department; and further, said lnstnllation and connection to be made only after such time as sald :~plIc~nts have otherw'se fully complidd with all other applicable rules of' ssld ~ater Department relating to a~plicatlens for the extension of water service. BE IT Pt?TH~ RESOLVED that the adoptlon of this resolution :hall not be con:trued as serf!rS a precedent, by Con,ell, in such !nstances. tie IT nU2-HFR BES0LVED that, an e~e~gency e×i~ting, this resolution shall be force and effect fr~ its passage. Er. llane~ ~oved the ~dortlon oe tile Resolution. ~he notion was seconded by Mr. ~aldrop and adopted hy the following vote: AYES: Council :members Manes, Pickett, W~ldro~, Mather, Young, end ~ke ~rcsldent, ilr. Woody ..................... 6. NAYS: None ....................... O. (Mr. Puckett absent) AIRPORT: Council at its teetlng of N~venber ?~, 1954, having received bids for opener!on of the r~ataurant at the Municipal Airport Terminal, ~t which tl~e only cn~ bid ~s ps, etch%ed, ~nd h~wlng referred sudh bid to a co~u~ttee cnnr!stlng of Messrs. Arthur £. ~:enr, Lnr[h~ll L. M~rl'is ~nd Rnndo!¥h G. Whlt~le fo:~ study and r~cor~ndatlon to the ~cdy, ~he cornu[ttee reported that ~t has ntud!¢d the prcros~l n~de by Messrs. R. ~. Ppeddy, Sr., a~d R. P. Freddy, Jr., nad feels tk~t the proposal Is not tn compliance with the clty'a advert!sin~ cr specifics%tons, the con~lttce, ~herefore, reco.%aendlng that the bids be rejected. Mr. Webber ~oved to concur in the rer~ort of the committee. The ~otion was seconded by Mr. Hene~ sad adopted. Mm. WebbeP then ~oved to f.nstruct the Ciiy Manager to negotiate with all interested persons on the cuestion of o~eratfng the restaurant at the }{unlclpal Afriort Ternln~l a~ to rep rt his recom~endmtlons to Council: further, that the ~Ity Massager be Instructed to made mrr~genents for inter!n service to ti~c Fu%!fc after the present lessee vacates the restaurant until such tlm~ es negoti~tions cmn be completed sad a new lessee can begin operations in the restaurant. The ~otlon seconded by Mr. H~nes mnd adopted. UhFii~iSk~--D BUEI~SS: ANiYALS: A com~fttee re~ort on the request of the Roanoke Valley Chapter of the Society for the Prevention of Cruelty to Anfma!s ~or "tn~nclal a!d in its progra~ havln~ been laid over from the meetinU of No;e,rl~er 15, !9~, at ~'hich time ~ copy of ~be co~!ttee report was transmitted to the S. P. C. A., the matter again before Council. Mr. Raymond P. Barnes a~peared before Council and stated that while the law. pertaining to dogs is explicit In designating tko control thereof as e governmental ~unction, cats and other animals, or fish, are-not so destgnated~ and that the 5. P. C. A. encompasses all such animal life in its program, Mr. Barnes pointing out that the Roanoke Valley Chapter Is a comparatively new organization and finds i~ difficult to meet the expenses of the work it has undertsken, stating furthe~ that the City Game Warden is primarily interested in the control of dogs and the collection of license£ thereon, the Society is interested in the prevention of cruelty to animals and the alleviation of sufferin~ by them~ in addition to tryln~ to place stray animals ~;lth ewners~ and that this oart of the $ocia~ts function has not and will not be performed by the ~over~ent; that the Roanoke Valley Chaptel does not expect too much help, but needs assistance in the form of a place to keep animals, pending their adoption or destruction, and someone.to pick up the anlmals u~on the request of the members of the ~ociety. Hrs. Joseph D. Berna and l!rSo C. We Thomas also appeared In support et the Society's request for assistencc. It was pointed out that the com~ittee has suggested to Council the possibil ty of bettering its system of animal control hy the addition of one or ~ore radio- equipped trucks with a detention ca[e. partitioned for storing and moving dead anlmalsj and the employment of one or more doE and gm=e ~arden=. Mr. Barnes stated that this suggestion ~:l!l n~t meet the requirements of the Society unless there is a scarified t~!ephone that me,.bars of the Society can call and expect to reach auch a warden wLo ~lill pick up stray or injured animals. Mr. Webber moYed to recalls the report of the committee and defer any action to Council's bud~ct study sessions. The m~tton wes seconded by Waldrop and adopted. TRAFFiC-STATB HIGHR'A¥S ~iiTHIN CITY LI}{ITS: Council at its meetinF o~ Octobe: ~, 195I, By Re~clut~on No. 112~., havin~ re,~uested the City Pla~inE Commission to study Williamson Road from It~ intersection ~!th the northern limit of the consideration, its recoz~mended master plan for that portion of the city, the City Planning Commission reported that after careful consideration for the beat Council: 1. Perkins Restrictions. That parking be prohibited on both sides of Williamson Road from Orange Avenue to the North City Limits. (Necessary loading a~a unloading zones excepted.} 2. Physical Improvements. a. That Wlllfamson Road be ~idened to 62 feet between curbs from Oakland B~ulevard to HerehberFe~ Road. (ExistlnE ~O-foot rIFht-of-way.} b. That curb and /'utter he constructed from Oakland Boulevard to Rerahber=er Road. (Except on the west side bet~een Clarendon 5treet and ~road S=reet, ~Eere curb and cutter exists.) co That Willlem~on Road be ~dened to ~ feet fro~ Eershher~er ~oad to the llorth Cit[ Limits. (Curb and cutter not considered necessary at this time, since part of tbs rifht-of-way Is 60 feet and part of It is ~0 feet.) · North City Limits. That the Intersection of Ellliamson Road and Hershbercer, Road he charmelized, with proper emphasis being given to treatment of approaches, in cooperation with the Virginia Hi~hway Department. (Estlmatedcost of physical improvements, not Includlng chsnnelfzfnG of intersect_on, [~ 3. Traffic Control. That a co~plete signal system ~e.[nstalled, concurrently with the recommended physical ImTrovemcnts, in accordance ~lth a plan sub::ltted by the Tmaffic Bureau of the Police Department, a copy of [~hich is attached hereto. (Estimated cost of cIgnalizfnC Williamso~ Road - Mrs. Pickett stated that as a ~ember of the City P!ann~nc Co,miss!on she ~Ishes to advise Council that this is not a plan for the ~rea, But for WlllIamson ~ed only. .55 The City Clerk read a latter £ro~ Hunter and Fox, Attorneye, requesting. that before any final action is taken by Counell on the Co=~lasion's report and recome, endat~ons, clients ~hom they represent be afforded an opportunity to study the provisions of the ~roposal and be heard. Mr. Young stated that the reco~-~endatlons of the City Planing will requ.~re a good deal of cons~deratlon by Council and people affected by the plan, as ~ell as city deFart~en~=, and ~owed that the report he tabled until tho r.c,tlng oF J~r. ua~y 3, 1955, and that the C~ty H,nmger b~ requestcd to prepare cost estIn~es oF ~he Items reco=_~ended by the City Planning Com~mission and to' con, act the proy. e,,ty owners on W[l!~ennon Road ~'ho ~ould b- affected and determine ~hetber or not they ~:ould be ~'illing to pay one~h~lf the cost of curb and gutter where the Flann~ Commission hms reco~ended that it be installed. The notion was seconded by :ir. Waldroo and sdorted. ZONING: Council at its r. cet[ng of Aui~mt q, 19~4, having r~ce~ved petition fro~ :fr. J. L. Po~;ell, ~questing that his property .Ch the north,;est of Rugby Boulevard ~ud T~n*b. Street, N. W., be rezo~ed *ro~ General Residence D~strlct to Business District, ~r.d h~-~ing referred said petition to the City Plan~:ing Corn~[ssion for studj end reco ~nendat~on, the City D!~nn[ng retarded that In vi~: o~ the character of the ~;elghborhocd, which lc built Com:.~zs~on ~s of the oF~nivn that the ~mmedlate ne~ghbcrhood ~hculd be ~rotect~d, Xr. ',f. G. Crea~y, Attorney for I,lr. Io~'e!l, a~geared and requested that Council luol2 a ru~!~c hearing ~n the matter. Er. Webber mo'ge~ to set ~ -obllc hearing c~, the ret!t~on fo~- 2:00 p. ~., Ja~,uary 3, 1~55, and that the a*torney fo~ Er. }o'-;eI1 be i~:tructed to ~rzF~re ~e p-o~er 7ob!lc z~otice of such hearing, ha~'e it approved by tho Ci~y Attcr.~ey and delivered to ti~c City Clerk: fo- puhl~c~:tlan. The motion ~as by l.[r. Young ~nd adopted. ?S'iiNS: Council at its meeting of October !1, 1~54, hsvln~ recel%*ed }~. Re%eft S. Guerrant, Attorney Co~ Ruth Patsel Peters, Harry L. Yctre]~d Dorofhy Fatzel H~ss, a request that their property located on the south s~de' of .loute at the ~'estern corporate lfm~ts of the City of Roa:~oke, containing ~4.219 acres, T~x ~in No. 2761701, be rezoned from General Residence District a:~d Special Residenc~ Dlst~fct to Business District, and having PeCerred said request to the Clt7 Planning Co~ulss~on Fo~ study and recommendation, the City Plan~tng reported that in Its considered 3udgment more specific, plane for t4o future Business District and reco~ended that Council dehy' the request. The City Clerk read a letter to Council from ~'L~. Oue~rant, stating l~at clients ~.~sh to withdraw rheim petition in view of the report of the City Plmnn~ng There being no ob~ectlon, ~r. Guemrant's request %~as granted. ZONING: Council ~t tt~ meeting of September 7, 195f~, having received co=~nlcatlcn from Ym=. K. il. Cochr~n, Sr., requesting that her property at 11~8 District, and havlng referred said r~quest to f!~e City Plannerf Co~.~issfon fo~ immediate neighborhood, end recommended that Cour~ll deny the recu~st. Mr. Young moved to instruct the City Clerk to lnfcr=~ks. Cochran of the reco~..endatlon of the City Planning Co~Ission an~ to inquire whether she desires a public hearing en the matter. The notion was seconded by Hr. Waldrop ar~ adopted. CO~SIDFRATION 0P CLAII!S: N0~. INTRODUCTION iND CONSID~:~ATION OF ORDINANCES A~ RESOLL~IONS: STR~S ~hD ALL,S: O~Inance No. 1226~, vacating, di~ccntlnuing closing Van Duren Street, N. W., between Wyo=~ Avenue and Kentucky Avenue, end the esmt 200 feet of a lO-foot alley In P!ock 3, Washln~ton Heights betv,en WyonIm8 Avenue and Kentucky A~rrae, bavlnF ~evlously been before Council for ~ts fir~t vaadinF, re~d ar~ lald over, waz again before the bray, Nv. Young offering th, follo~inE fey Its ~econd readlnF a~ Final adoption: (~12~6h) AN ORDI]~iCE vacatln~ all as lles b~%ween WyomlnC Avenue, H. W. and Kentucky Avenue, i~. W. tBe alley !;~ng betze~n Wyc=Ins Avenue, I;. ~,. and Hentucky Avemue. i~. W. an~ east of t1;e pvoFosed ne~ ~t'reet or extension of Gilbert Road, ~. W. a~ West Side Houleva~d,'N. ~. as 5~cwn on the ~:a~ of W~sh~nfton Hei~ht~, proFcrty of the W%sh!nfton Club Land CorForation, recorded in Plat Book 2, page ~3, in ~he Clerk's Off,ce of the Circuit Cou~t lam the County of Roamke, Virginia; the alley as the saae ~ *x~ends through Blocks 2 and 3, accovdlnE to th* Map of Washington Hei~ht~ pro~erty of !Iss!~!nfton Club Land Corporation, r~com~ed as aforesaid, shall be a~reed to be closed and vacated. (FoP full text of O~d[nsnce, see O~dinance Book No. ?O, Page 293.) M~. Young zoved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the follo~tng vote: A'~S: Council members Hanes, Pickett, UaldroF, Webbe~, Youn[, and the President, Mr. W~ody ........... ~ .... NAYS: None .................. O. (~. Puckett abaent) AIRPORT: OrdinanCe No. 1226~, leasing the reit 0fflce room In the Municipal Alr[ort Ter~nal to Piedmont Airlines, Incorporated, hav~nC previously been before Council for its first reading, read and laid over, %~as again become t~e body, Er. Waldvop offering the follow~n~ fop its second ~ead[nE and final ~aopt[on: (~12~65) AN ORD!iiANCE leasln~ the Post Office Room In the Municipal Airport Terminal to P~ed~ont Airlines, Inc., upon certain tev~s and conditions. (For full text of Ordinance, see Ordinance Book l;o. 20, Pa~e 296.) ~. Waldrop ~oved the adoption of the Ordinance. The motion Was seconded by M~. Younz ar2 adopted by the *ollowi~C vote:. ',~S: Council me=bera Hanes, Pickett, ~aldrop, Webbem, Ycung, and the President, Mm. Wqody ................... 6. NAYS: None ..................... O. (!~. Puckett absent) SiDWdALK, Cb~B A~D G~T~: Council at its last zeeti~ having directed the City Attorney to prepare the nvoper measure, provldin~ for the naymeng of $753.~8 to Merchants Parki~ Coapany, IncorForated, representlnE one-half of the cost of constructing eidewalk, curb end ~gutter on the north olde of Day Avenue, S. ¥., adjacent to sa{d companyls new parking garage, he presented draft of an Ordinance; whereupon, Mr. Young offered the following{ ({I~?3}A~ ORDINANCE directing the City Auditor to pay Merchenta Parking Co., Inc., W~EA5, the Herchsnts Parking Co., Inc., shortly before the completion of its building on thc n:~n~'ezt corner of Jefferson Street smd Day Avenue, filed the customary application requesting the City to construct a sidewalk, curb a~d gutter on the north s~de of Day Avenue and parallel to said builaln~, which work the City could not perform, at that time, because of prior commitments; and Wi~E~S, the ~ty Homager apreed that if said cor~oraflon would cause such ~ork to ~e performed at tha~ ~ime, In ~trlct accordance ~!th the Ctty'~ the City, at ~uch time a~ said amplication ~d r~tated to first place, ~ould refund ~he custo=ary one-half of the 2mount it ~ould have had to p~y ~f fha City ~d WHiR=AS, said corForat[on cau~ed s~ch f~rove~en~ to Be m~de ~hor~ly before the co~plet[on of its s~id building; and ~'H~AS, a~ ~he ~me ~afd arFlicatfon had rotated ~o first ~l~ce, under the C~ty'~ ~x[s/!n~ contract ~!%h ~ke Bglrd Constr~ct~on Company ~ne-ha!f of cost of Fe~fo~m~n~ such %'ork would have been City Auditor be, and he ~s hereby author~.d and directed to pay unto [ark~ng Co., I~:c., ~753.P5, from the current Sidewalk, Curb and Gutter Account, ~n full ~%yaent of the City's one-half o" the cost of constructinF ~tdewall-, curb park[nE ~k'. YounC mo~ed ~hat the Ordinance %c p!~ced uTon ~ts f~rst reading. Tko mot[on was seconied by ~[r. Hanes and adapted by the follo~,~nF vote: AYES: Council ~e~bers Hanes, Pickett, {f~ldrur, %~ebher, YounF, and the Fres[dnnt, Iir. Woody .................... NAYS: None ...................... O. (}ir. Puekett MOTIONS A]~ NISCUDLA~OUS BUSI~'~S: · LiOENSE TAX CODE: ~Ir. Youn~ a&a[n broufh2 up 2he matter of the License Tax Coda of the City of Roanoke ~equ[rlng contractors to pay a ta~ for more than one year on hhe sa=e contract, sta~in~ that John P. PettyJohn and comoany ~ a l~t~r of I{ovenber la, 19~, to the Comm[ss[one~ of Revenue, pointed out that the company had been requested to Fay , l~cense ~x for the yea~s 1953 and 195~ b~sed on a volume of ~99~,000.C0, reEresent~ng the contract the company h~d accepted in the latter part of 1953 for construction 9t Hotel Roancke~ which %afc& cc3.~any had pa~u under protest. ~r. YounS moved to refer the mattur to the License Ta~ Code Study for consideration in ~ts raced[float[on ~f the License Tax Code. The motion was seconded by Mr. Webber a~ adopted. CITY PL;NNIEG C0~D~ISSION-POARD 0F XONI~G APPFA~: MayoP ~oo~y stated that ;ims. F. L. Seymour, Secretary of the City ~Plannlng Cot_mission a~ the Board of ~onir~ Appeal=, has prepared s ~ooklet designed az a guide to the city ptnr~[ng and zoning procedures, a copy of which has been furnished to members of Coumcil, and that ~t is his recommendation that city off~cta!s obtain a copy of the %ooklet read ti, Mayor Woody stating further that he ~ould like to cc~end Mrs. Seymour for the preparation of the booklet. There beir. g no further business, Council adjourned. APPROVED COUNCIL, RX~ULAR Monday, December The Council oF the City of Roanoke met in regular meeting in the Council Chamber in tho Hunicipal Building, Monday, December 6, 19~, at 2~00 olclockw P. the regular meeting hourw with the President, H~o Woody, presiding. FRESENT~ Council members Hanese Pickett, Puckett, Waldrop, Webbe~, Young, and the President, Mr. Woody .................. AB~ENTt None ........................... O. OFFICES PRESENTt H~. Randolph O. Whittle, City Attorney, Hr. Harry B. City Auditor and Acting City Hanagor, and H~. J. Robert Thomas, City Clerk. The ~eeting was opened with a prayer by the Reverend J. L. Maddex, Pastor of Villa Heights Baptist Church. MINUTF~: Copy of the minutes of the regular meeting held on Honday, November ~2, 19~, having been furniehed each me~ber of Council, upon motion of Hr. Hanes, seconded by Hr. Fuckett and adopted~ the reading was dispensed with and the minutes HEARING OF CITIZENS UPON FUBLIC ~ATT~S: N0h~. PETITIONS AND COi~L~iUNICATIONS: STREET LIOHT$= The City Clark presented a com~unication from the Appalachian Electric Power Company, advising that said company has installed sixteen R~00 lumen street llEhts at various locations in thc oity durlr~ the month of November, 19~4. The co~unicatton was filed. AIHPORT= A communication from the Assiat~nt City Attorney, advlsing that Piedmont Airlines, Incorporated, has applied to thc Civil Aeronautica Board for authority to engage in scheduled air transportation extending its present Segment ~ of Route 87 through Roanoke into Washington, D. C., and stating that in a discussion between tho offices of tha City Manager and the ~lty Attorney the consensus of opinion was that local citizens would beneflt ~reatly by the the attorney's office would appear before-the Civil Aeronautics Boar~, on behalf of the city.nd'its citizens, in the matter, was before Council. seconded by Mr. ~abber and adopted. RETORTS OF B~q~ET: The City Manager advised that certain budgetary appropriations are insufficient to meet the requirements for the balance of the year and presented requests for an appropriation of $21,000.00 to Hospitalization for Indigents, appropriation of ~1,000.00 to thc Juvenile Detention Home Food Supplies account, an appropriation of ~600.00 to the City Jail Medical Expense account, a transfer of ~300.00 from Eztra Help ~nd Oaeoline and Oil accounts to Supplies account under the Life ~avin~ budget account, an appropriation of $160.00 to the Health Department Extra Help account, a transfer of $~0.00 from Travel Expense to Oasolin® and Oil in the Bulldin~ Inspection account, and an appropriation of $~,600.00 to the City of $600.00 for medical expense in the City Jail account e_nd the transfer of $300.00 under the Life gavl~g Crews account and request the City Hanager to investigate these requests and furnish Council ~ith detail information pertinent thereto. The mo~io~ w~a seconded by Hr. Hanes and adopted. H~o Waldrop then moved to concur in the remainder of thc report of the City Hanager. Thc ~otion wac seconded b7 Hr. Young and adopted. Affter ao~e diccuselon~ HI-. ¥cbber moved to reconsider'the action concurring in the report of the City Hanager and eliminate from such concurrence the question of appropriating ~00.00 to the City Oarage Bond Premium and Insurance account. The motion wee seconded by Hr. Fuckett and adopted. ~. Young the offered, the following emergency O~dinancc: (~1227~) AN ORDINANCE to amend and reordain certain sections of the 19~4 ' ApPropriation Or~inanca~ and providing for an emergency. (~or full text of Ordinance~ see Ordinance Book No. ~0~ Page HnYoungmovcd the adoption of thc Ordinance. The motion ~ae seconded by Hr. Hanes and a~opted by thc follo~in~ vote: AYES: Council members Hanee~ Pickett~ ~uckctt, ~aldrop~ Yebber~ Youn~ a~d the Freeident, Hr. ~oody ................... NAYSt None ............... ~ ......... H~. Waldrop then moved to direct the City Hans~er to ffnrnieh Council with detalled~ state.ant of clai~e paid by the insurance company on the city's automobile liability and property d~mage policy and to advise Council of the procedure followed by the city in proceseir~ such clal~ a~ainst the clty~ acid report to be rendered to the body at its meetin~ of December 1], 19~4, at ~aich ~eetin~ Hr. Reginald H. ~ood~ Chairman of the Insurance Advisory Co~ittee~ la to be requested to appear personally before the body. The marion was seconded by Hr. Hanes and adopted. Hr. Young then offered the Folle~ir~Besolution: (~1~?~) A RE~0LUTION authorisir~ the Actin~ City Hana~er to continue the City's present automobile liability insurance policy for a period of Four months; and provid~r~ for an emergency. {For full text of Resolutlon~ see Ordinance Book No. 20~ ?a~e ~01.)' Hr. Young move~ the adoption of the Resolution. The motion wes seconded by H~. Hanes and adopted by the Following vo~e: A~ES: Council members Hanes, Flckett~ Fuckett, ~aldrop, ~ebber, Young, end the Freeident, Hr. ~oody .............. .NAYS: None .................... · TRAI~FICoSTP~'~T ~IDENIH6: The City ~ana~er reported that Heesrs. Harry iTurner and Hiller A. Dlllar~ have made a written o££er to sell the city a'portion off the southwest corner of Campbell Avenue and Fifth Street~ 5. ~.~ described es Lot ]8~ Central Park Hap~ su£fficient to cut back the corner ~ith a ~-ffoot radius~ which will enable the city to est the curb back ~ith a radius o£ Fifteen Feet~ for the eu~ of $~00.O0~ which amount is the value set on the property in an'appraisal by the late D. H. Etherldge~ and recommended that Council authorize the purchase of this land. In this cormection~ the City Clerk presented a report of the City Flannln~ Co~mieelon, in which 'it recommended that Council a~cure the necessary property For the purpose of cuttin~ this corner back prior to the construction of a buildin~ by the o~ners. H~. ~ebber moved to refer the matter to the City Attorney for preparation of the proper Ordinance and allied papers required to consu~uate the~ acquisition of this prgpertyo Tho ~otion vas seconded by H~, Youn8 and adopted, STREET L~OHT~ The City Hanager.preeented a rsco~.ndetion for the installa- tion of street lights et various locations within the city. H~, Young moved that Council concur tn the recommendation of the City Hansgcr and offered the followir~ Resolution~ (~12276) A HESOLUTION authorisin~ the installation of street lights at vario~ loc~tions in the City of Roanoke, (For full text of Resolution, see Ordinance. Book No. 20, Fa~e 302°) H~, Young moved the adoption of the Resolution. The motion vas s~conded by H~. Wsldrop and adopted by the following votes A~S~ Council member~ Hanes, Puckett~ Waldrop~ Webbcr~ Young, md the President, Hr. Woody ..... ~ ........ NAYS~ None ............. ALI~SHOUSR~ The City Hansgsr submitted a~ltten report £rom the Almshouse. for the month of October, 1~, showing a total expense of S2,~18.~, as co~pared ~ith a total expense o£ $1,~?o?~ for t~e month off October, The repo~t ~as ordered Filed. RE~0RTS~ The City Manager submitted · ~itten report on the operation of the iRoanoke Hunlcipal Airport for the month of October, 19~; also, ~ritten reports i!from the City Hark*t, the Department of Buildings, the Electrical Department and the Purchasing Department flor the month o£ November, The reports ~ere ordered filed. REPORTS OF COH~ITTEES: NONE. UNPINI~HED BUSINE.~S~ PURCHA2E OF P~0?E~TY-PARKS AND PLAYGROUND~ Council at its meeting off ~uly 12, 1~, having received a request from the Garden City Civic Leagaa that considera- tion be given by the city to the purchase o£ the property of James L. Campbell on the no~th eld* of Yello~ Hountain Head, So E.~ between Springvale Street and ¥1rginl! Route No, ~72, flor parkpurposes, ~hich co~nicatton ~as reft*fred to the City Planning Co~lssion ffo~ study and reco~endstion, the City Planning Commission repor~ ~hst an ln~pection of the property in question made by the City Planning Commission and the Director off Pa~ks and Recreation indicated to the Commission that the ~opography of thc land ia not suitable For development fop recreational purposes and ~ha~ its location is such that it ~uld serve only a s~ll neighborhoodv and~ ~ons~q~entl¥, reco~ended that the property not be acquired for pa~k purposes. H~o Puckett moved to concur in the recommendation o£ the City Planning Commission. The motion was seconded by Hr. Young and adopted. -STREETS A~D ALLEY~ Council at its meeting of September 1~, 19~, having rcfferred to the City Planning Commission fo~ study and recommendation a petition fro~ Prank 6o rayne, Jr., Hyra $. Payne and George Taylor that a ~Oofoot bounded on the north by Hershber~e~ Road, on the south by a paper street designated Wyoming Avenue and Block 2, Washington Heights, on the west by a 1.~] acre 10t on the Land Book as Tax No. ~??0~0~, and on the east by an 0.8 acre tract on the LaPel Book as Tax No, 2770~01, be permanently vacated, discontinued closed, the City ~lanning Co~lssion reported that the matter has been held in for some time pendlng advice from the petitioners and that it appears [nvestigatlons made by the Commission that the said rl~htoof,way ~as neve~ dedicated as a public street, and that no public utilities arc located therein, and the Co,mil mion is o[ t~e opinion that the cloein8 of it viii not destroy an~ of the rights or priviLeges of eithe~ the City of Roanoke or property ornate, and, conaequsntly~ recommended that the request of the petitioners be granted. The City Clerk advised ~ouncil that Hr. Richard T. Edwards, Attorney for petitioner~, has stated that he rill have all necessary papers and notice~ prepared For presentation to t~e ~ody at its mestin8 of ~ecembeP 13, N~. Vebber moved to l'ay the matter over to the meetinS of December The motion vas seconded by Hr. Hanes and adopted. CO~SIDERATION 0P CLAIN.5: NONE. INTRODUCTION AND CONSIDERATION OP ~RDINANCES AND ~F~OLUTI~NS~ AIRPORT: Ordinance No. 12571, aut~orl~ng and directing the grantin~ of a license to thc United ~tatcs of A~eriia to instsll~ operate and maintain an ultra i High P;equency Remote Transmitter Facility and necessary control Facilities upon the premises of thc city located in Roanoke County and known as Roanoke Hunicipal Airport, having previously been before Council For its First resdl~, read and laid over, vas' again before the body, Hr. Hanes offering the follo~in~ for its second readin~ and final adoption: (~1~?1) AN OttDIN~E authorizin~ and directin~ the granting of a license to the United States of America to install, operate and maintain an Ultra'High Frequency Remote Transmitter Facility and necessary control Facilities upon the premises of the City located in Noanoke County and known as Noanoke Hunicipal Airport, (VoodrumPield). (For ~ull text of Ordinance, see Ordinance Book No. 20, Page HI-. Hanes moved the adoption of the Ordinance. The motion ~ss seconded by H~. Puckett and adopted by the follcuin~ vote: AYES: Council members Hanes, Pickett, Puckett, ~aldrop, ~ebber, Young, the President, Hr. ~oody ................... 7o NAYS: None ......................... O. ~IDE~/ALK, CURB AND OUTTI~: Ordinance No. l~a?3, providing For the payment of S?~3.~8 to Herchants Parking Company, Incorporated, repreeentin~ one-half of the cost of constructing eidevalk, curb and gutter on the north side of Day Avenue, 5. ~., ad,scent to s~ld ~ompany~s ne~ parking g~rsge, having previously been before Council For Its ffirs( reading, read and laid over, vas a~ain beFor~ the body~ Hr. Young oFFerln~ the Following For its second reading and final adoptl~n~ ~ (~1~?~) AN ORDINANCE directing }he City Auditor to pay Herchante Parking (For Full text of Ordinance, eec O~dinsnce Book No. 20, Page H~° Young moved the adoption of the Ordinance. The motion vas seconded by H~. ~aldrop and adopted by the Follovin~ vote: AYES: Council members Hanes, Pickett, Pnckett, Waldvop~ ~ebber, Young, and the President, H~. ~oody ...................... NAYS: None ............................ 0o ~TATE HIGL~/AYS ~I?HIN CITY LIHIT$~ Council having previously directed'the City Attorney to prepare the proper 0;dinance, authorlzin~ and directin~ the City Ha~sger to procure certain parcels of land along the north side of Colonial Avenue,-S. ~., For the ~idenlng of said street, in amounts other than those spsclFled in Ordinance No. 12£0~, adopted August 9, 19~, purchase by the city bel~ subject to the state acquiPln8 the balance of the pight-o£-way foP the proJect~ the City Attorney submitted draft of an Ordinance repealin80~dinancs No. whereuponl P~. Yebber offered the Follouing aa an emergency meaeure~ (~12277) AN ORDINA~CR repealin~ Ordinance No. 1220~; and providir~ f~P an {For full text of Ordinances ass Ordinance Book ~o. 201 Page I~o ~ebber moved the adoption of tho Ordinance. The motion was aeconded by ~. ~aldrop and adopted by the follouing vote: AYES: Council members Hanes, Plckett~ Puckett, ~aldrop~ WebbeP, Young, and the President, Hr. Woody ................ NAYS~ None ................... H~. l~ckett than offered the Following emergency Ordinance authorizing the acquisition of four parcels of land to be uaed aa rlghta-of-way for the wtdenlng of Colonial Avenue, B. (~12278) AH ORDINANCE authorizing the acqulaitlon of four parcela of land to be uaed aa ri~hta of way for the widening of Colonial Avenue~ $. ~.: end providing For an emergency. (Nor full text of Ordinance, era Ordinance Book No. 20, Page 303.) N~o l~ckett moved the adoption of the Ordinence. The motion was aeconded by ~. Young and adopted by the Following vote: Ai~S: Council members Ranea, Pickett, Puckett,:~aldrop, Webber, Young, end the Preaident, H~. ~oody ................... 7° RAYS: None ......................... O. AIR~0RT: The Airport Committee aubmitted draft of a Resolution, requeating the Virginia Department of H1ghwaya to study and plan a relocation of a portion of Virginia Route 118, in the vicinity o£ the Roanoke Huniclpal Airport (~oodrum !~teld), and to £1nanca such relocation, with the recommendation that the Resolution adopted; whereupon, Hr. Puckett offered the following: (~12279) A RESOLUTION requesting the ¥1rginia Depertment of Highways.to atudy and plan a relocation of a portlon of Virginia Route 118, in the vicinity Roanoke Huniclpal Airport (~oodmlmFleld), and to Finance such reloca~lono (~or Full text OF Resolution, see Ordinance Book No° 20, Fags Hi~. Puckett moved the adoption of the Resolution. The motion was seconded Hr. Hanes and adopted by the following vote: AYES: Council me~ber~ Hanes, Pickett, Puckett, ~aldrop, Webber, Young, and President, N~. Woody ................. 7. NAYS: None ....................... O. HOTIONS AND HISC~r. LAh~EOUS BUSINESS: SLUt{ CLeArANCE: Hi*. Hanes atated that In the near future he wishes to dlscu eatablls~unent of a policy by Council to govern future slum clearance activities ~n the city, atatlng, however, that he dora not intend for it to cor~llct with the of Council's cowz0/ttee in connection ~lth the Co~z~or~ealth Redevelopment Hayor ~oody stated that as Chairman of Council's committee for the atudy ~f the Commonwealth Redevelopment ProJe~t he wlahea to invite all members of Council attend the committee hearings set For the early part of 3anuary in the matter. il T~AFFXC~ Mr. Young moved to refer to the City ~anager for study amd recommendation the question of the traffic problem created on Church Avenue, ~etwee~ Jefferson 8treat and First 8treat, by large numbers of persons crossing the street in the middle of the block at the new Sm Cafeteria. The motion was seconded by ~, Waldrop amd adopted. THAFI~ICI ~r. Young moved to refer to the City Manager for study and report Council the question of traffic congestion created on Campbell Avenue, S. between Jefferson Street and Flrst Street, by two bus stops In the same block, one of which is located at the First National Excha.nge Bank and the other in front of the NeironAmue store, and in connection therewith to study and report to Council on the question of establishing a central loading and unloading area for buses in the downtown section. The motion was seconded by Mr. Hanes and adopted. In thla connection, Mr. Webber stated that he feels that Council should in the near future have an informal meeting with the City Manager and members of the Traffic Department in order that Counc'll might be familiar with the traffic conditions and changes in the rules governing downtown traffic being made by the City Manager. FIRE PROTECTION: Mr. Puckett moved to request the City Manager to advise Council what, if any, regular inspection is performed by the Fire Department, or other city departments, of fire escapes in the city. The motion was seconded by Mr. Hanes and adopted. SCH00LS2 Mr. Waldrop stated that he wishes to com~uend the fine showing made by the football teams of Roanoke's high schools during the season Just ended. There being no further business, Council adjourned. APPROVED l{onday, December' 13, 191~, Th~ Council ~f the City of Roanoke met in regular meeting in the Council Chamber in the Hunicipal Building, Honday, December 13, 19~, at 210~ olclock, P* the resular meeting hour, with the President, Hr. Woody, presid~r~. FR~SF~Tt Council members Hanes~ Pickett, ~ckett, ~aldrop~ ~ebber, Youn~ and the F~sident, ~. ~oody ................. A~E}~{ None .........................O. O~IC~S ~H~ ~. A~thu~ ~. Owens, City Ha~er, Hr. H~dolph o. ~lttle City Attorney, Hr. Ha~ry ~. Yates~ City Auditor, a~ ~. J. Robert Thomas, City Clerk. ~e meetin~ ~as opened with a praye~ by the Revere~ C. C. HcCoy, Pa~tor the Bethany Christ~ Church. HI~ES~ Copies off the minutes of the re~lar ~etin~s held on November 19~, and December 6, 19~, havl~ been ~rnished each me,er o~ Council, upon motion of ~a. ~lckett, seco~ed by Hr. Puckett a~ adopted, the readin~ dispensed ~lth and the minutes app~ved as recorded. ~ITION5 ~ CO~NICATIONS: ~S ~YG~0Uh~S~ The City Clerk presented a communication From the Roanoke Herchant~ Association, requestin~ that Council asaume t~e responsibility flor p~hent of electric current u~ed for ill~lnation of the star on top of ~ill Hountaln, averaging about' 1,~h~ k. ~. hours ~er month. In this connection, ~. E. ~. Blevins, Fresident, Hr. Ed~a~ C. Hoo~s Secreta~s and H~. ~. Jackson Shepherd, ~al~an cC the Sta~ Co~Ittee, alon~ ~th members of his co~ittees appeared before Council, repre~entin~ the Boanoke Herchants Association, In support of thel~ request, Hr. 5hephe~ advisin~ the body that the Board of Directors of the ts~ociation, In makl~ the request, ~s actuated by a de,ire to have the city participate In the operation of the star to the extent of pay[~ fo~ the electric current u~ed, ~hich ~lll co~t the city app~oximately $1~6.~ per a~, ss a matte~ of pminciple, since the Board feels that the city · hould participate in the sta~ a~ a co~nity project. ~. Shepherd stated further that the request fo~ participation on the part of the city Is limited to the Furnishin~ of electric current for illumination of the stay and that the Herchants Association ~lll continue to maintain the star from lt~ o~n f~d~ ae It has In the past. ~. Hane~ moved to take the matte~ u~e~ advisement a~ defer any action on the request pe~in~ the study of the 195~ budget. The motion ~as seconded by ~ckett a~ adopted. B~-SCHOOLS: k co~nication From the Hoa~ke City School Bo~d~ advisin Jthat its appropriatio~ in the 19~ budget ave inadequate to meet the needs for instructional salaries and pupil transpo~tation a~ requestl~ an appropriation $2~,500.~ to Inst~ction and $3,~00.C0 to Hlscellaneous In the 19~ ~chool before Council, the Board ~u~the~ advi~ln~ that there ~ould be ~e~ended balances in the 19~ budget estimated at $21,000.O0 at the end of the year, ~hlch ~ount ~ould revert to the General Fu~, leavin~ an e~timated deficit of t~,700.O0. Hr. Yaldrop moved to concur in the request of the School Board and offered the. followin~ emersancy Ordinancet · (~l~280) ANORDINANCE to a~end sad reo~dain Section ~120, 'Schools', of the 19~S Appropriation Ordinance~ a~ p~vidin~ for an emer~e~y. (Nov ~11 text of O~inance~ see Ordinate Book No. ~0~ Page H~. ~aldrop ~ved the adoption off the Ordinate. ~e motion vas'~eco~ed by ~. Hanes a~ adopted by the follo~l~ votel A~i Council ~mbers Hanes, Pickett, Puckett~ ~aldrop~ ~ebbe~, Younz, the President, ~. ~oody .............. ~YSI ~one .................... B~-CO~EN~ATIO~ BO~D$ Council havl~ previously directed the City Clerl to co~ntcate vith the State C~pe~ation Boa~ and request that said Board defer action on a~ardl~ salaries a~ ex, eases ffo~ the constitvtion~ offFlce~s of the City of ~oanoke until Council has completed-its ~tudy of the 19~ ~dzet requests, the City Clerk presented a co~nlcation from the State Co~ensation Bo~d, viain~ that It met on Octobe~ 7~ 19~, for the purpose of hearinZ city officers on their 19~ budget requests, that budget alloeances ro~ the calenda~ year have been approved by the Co~ensation Boa~ and ~lll be certified to the officers afffected a~ the governin~ bodies of the localities on December 1~, 19~; and that Council may file objections ~lthin thirty days from that date If It does not a~ree ~lth the a~ards made by the said Board. H~. ~ebber moved to rere~ the matter to the budget ~tudy sessions. The motion ~as seconded by ~. You~ a~ adopted. C~Y ~LO~ A co~nication ffrom~. R. G. Culbertson~ askin~ vhethe~ o~ not It Is the policy off the city to repal~ p~lvately-o~ned automobiles used In the city's business ~hen such automobiles are d~a~ed ~n the co~uct thereoff and takinS exception to the use of city-o~ned vehicle~ by such e~loyees receiving allowances ro~ the use of their p~lvately-o~ned automobiles vhen on trips a~ay From the city on the city's business, ~as before Council. Hr. Yo~n~ ~tated that Council tn its recent ~lin~ on the matte~ establishe~ a policy that the repalrln~ of p~lvately-ovned vehicles used In the city's business ~ d~a[ed In consequence thereof ~ould have to be decided on the of each individual cflse and that the use of prlvately-o~ned vehicles for special trips outside the city vas not contemplated In establishln~ allovances For use privately-ovned vehicles by ~nicipal e~loyees, but rathe~ that such allowances covered only the use of those vehicles in the o~inaW routine business of the person lnvolved~ a~ that the use of ~unicipally-o~ed vehicles ffo~ trips out the city. is more economical to the city than payin~ mileage For p~lvately-ovned vehicles l~ s~ch ~. ~ald~op ~ved that the co~nication be filed. The motion ~as'seco~ed by H~. Hanes and adopted. ~PORTS OP O~IC~S: B~z The City H~a~e~ advised that certain ~dgetary accounts a~e inadequate to ~et the requirements of various departments flor the balance'of the Fiscal year a~ requested the ffollovin~ ~e~ments to the bud~et~ Brid~e ~epal~ - Transfe~ from 6asoline a~ Oil $ 100.00 to supplies PaPks ~ Recreational - Transfe~ ff~m ~epal~s to ~el ~00.00 67 Oarase - Transfer from Barte for Motor . $ 100.00 Equipment to Supplies Jail Appropriate to Medical Ezpenae - 600.00 Life Saving Crews - Transfer from Salary, Rxtra . ~20.00 EmPloyees to Suppliee Life Savir~ Crews *- Transfer ~rom Oasolina and Oil - 80.00 to 2uppliea Mro YounS moved to 9oncu~ in the request of the City Manager and. offered the followir~ emergency Ordinance: (J12281) AN ORDINANCE to amerd and reordalu certain sections of the 19~15 Appropriation Ordinance, and providingfor an emergency. (For full Ordinance, see Ordinance Book No. 20, Page Mrs-. Your~moved the adoption of the Ordinance. The motion was seconded by Hr. Wsldrop and adopted by the following vote: AYES= Council members Hanes, Pickett, Puckett, Waldrop, Webber, Young, and the President. Hr. Woody .............. NAYS= None .................... ~ATEI~ DEP~THEFf: The City Hansger presented to Council preliminary plans for the Carvins Cove Water Supply Filter Plant Addition, as prepared by Alvord, Burdick and Howson, Consulting Engineers. Mr. Puckett moved to refer the plans to the Water Committee for study and recommendation. The motion was seconded by Mr. Waldrop and adopted. INSURANCE-CITY GARAGE: In response to a request previously made by Council, the City Attorney submitted an opinion, advisin~ that the city is llable for negligent operation of privately-owned automobiles used by employees in the city's service on non-governmental functions. Mr. Waldrop moved to refer the matter to the City Manager with the that he consult with the City Attorney to determine the extent of the cityts liability on privately-owned automobiles presently operated by the city, and after studying the matter, recommend to Council action that should be taken to cover such liability. The motion was seconded by Mr. Webber and adopted. REPOHTS OF COMHITTEF~: NONE. Bt~RELL HEHORIAL HOSPITAL: Council at its meeting of April 19, 19~4, having received From the Burrell Memorial Hospital a request for Financial assistance, which request was referred to a committee For study and recommendation to the body, and Council at its ~ea~lng of November l, 195~, having received the report of the committee, which was laid over pending a study by the Board of Trustees of Burrell Memorial Hospital, representatives of the Board of Trustees of the Burrell Hemorial Hospital appeared before the body and through Mr. Ceorge P. Lawrence made the following comments and suggestions: 1. The Board endorsed the proposal made by Councll*s committee that Burrell HemorlA1 Hospital be paid the same per diem rate as the three other local hospitals with the request that such action be made retroactive to January 1, 19~4. 2. The Board expressed the hope that Council would maintain broad policies of admission for medically indigent patients. 3. That the Hospital can control the elective patients who desire admission to the Hospital, but could not refuse admission to emergency patients and live up to its obligation as a Hospital. ~. After consultation with the Community Fund and Hospital Development Fund offficlals, the Board feels that an attempt to raise between ~20~000o00 ~nd ~2~000.00 to subsidize the Hospital b~ public aubacription~ould be difficult and ill-timed since it might . interfere with collection of pledges to the Hospital Development Fund to pay fop the hospital construction now under way° ~o That arrangements have been made to pay fo~medical sslwicee ~sndered by specialists for the Hospital on a percentage basis - of actual hospital collections fo~ same in keeping with the p~acticea of other hospitals in Roanoke. 6. That vigorous efforts ars bein~ ~sde and will continue to he made to collect all psat due accounts of patients treated at the . Hospitall further, that the Board of Trustees believes that there is a definite responsibility on the ~unicipality to aid in hospitalisation of its indigent and medically indigent ~esidents° 'H~. Webber moved that the matter be taken under co~sideration and referred to the budget study sessions. The motion ~aS seconded by HI'. l~ckett and adopted. INSURANCE-CITY GARAGE= Council at its meetin~ of December 6, 19~ havin~ referred to the City Hana~er the question of liability and property damage insurance on the city% motor equipment ~lth the specific request that he secure de,ailed lnfor~ation ~lth reference to claims presented to and paid by the insurance company under the policy and advise the body ~hat procedures are Followed in the payment of claims a~ainst the city by the insurance company, and having further requested that Hr. Reginald H. ~ood, Chairman of the Insurance Advisory Co.~uittee~ appear before Council at this time, the City Hsnager advised the body that all accidents in ~hich city vehicles are involved are reported to the Purchaein~ Agent, ~ho in turn reports such accidents to the insurance company throuidl the Insurance Advisory Co~raittes and settlements are made by the insurance co.Deny ~here the city is liable. H~. ~ood advised Council that the city's liability Policy is a Fleet policy on ~hich the rates are set by the Virginia Insurance Ba~in~ Bureau and that the premium cfi the policy FOr the year beginning September 1~, 19~, is or an aversfa of t~3.oo per {chicle, ~heress~ the premium for non-fleet operators for the sams coverage ~ould be $16,19].60~ or approximately ~60.OO ~er vehicle, the difference bein~ due to rleot discounts and premlumdiscounts to Fleet operators, and that the reason For the increase over the previous year o£ approximately one hundred per cent in [he premium on the policy is the sum of $1~,~07.OO paid out in clslm~ during the policy year 19~-~3~ an increase OF some $1~,000.OO in claims paid over the previous year. Affter some discussion, Hi% ~ebber ,m~vcd to take the matter under considera- tion and refer it to the budget study sessions. The motion ~ss ~econded by Fuckett and adopted. 5T~I~TS AND ALLEY~: A petition from Prank G. Payne, et al~ to perasnently vacate, discontinue and clo~e a ~O-Foot right-of-ray bounded on the north by Bershber~er Road~ on the south by a paper street designated as Wyomin~ Avenue and Block a, Washington Heights, on the ~est by a 1.33 acre lot designated on the Land Book as Tax No. ~??O~0~, and on the east by anO .8 acre tract designated on the Land Book as Tax No. a??O~O1, and being approximately 300 Feet west of Gilbert Drive~ hsvin~ been referred to the City Planning Co.'~ulssion for study and recommendation, and the City Planning Co~lssion havir~ reported to Council at its meetln~ of December ~ 19~, advisin~ that From its investigation it appears that said right-oF-~ay ~as never dedicated as a public street and that no public utilities are located therein and that the Com~tssion is of the opinion that the closing of it ~lll not destroy any o£ the rl~tlts or privileges of either the City of Roanoke or property o~ners, and, consequently, havin~ recommended the2 the request of the petitioners be granted, and the matter havin~ been laid over, 7O Rlchtrd T, Edwards, Attorney for the petltionsrs~ presented &n ~ffl~avit Heesra. N. L. ~ush, J, O, D. Copenhaver and J, A, Turner, viewers in the matter, steels8 that they have vlewod tho premises and find that no Inconvenience.would result from the vacating, discontinuing and closing of the afforasaid right-of-way, R~. Young moved that a public hearing be held on the matter at 2~0 oJclock p, m,, January 17, 19~S, in the Council Chamber, end that the City Clerk publish a notice of said hearing. The motion was seconded by Hr. Hanes and adopted. CONSIDERATION 0P CLAIHS: NONE, INTRODUCTION AL~D CONBIDERATION OP ORDINANCES AND NE~0LUTIONSI THAFPIC-$THE~T WlDENING~ Council at its meeting of December 4, 19~, having received From the City Hanager and the City Planning Commission reco~r~endstions for the purchase of · portion of Lot ~8, Central Park Hap, Official No. 1113~07~ sufficient to provide for a 6-foot'radius cut-back of the southwest corner of Cm~pball Avenue and Pifth Street, S. W., at which time the City Hanager advised that the owners of the propsrty~ Hesareo Harry L. Tu~er and Hiller A. Dillard, had agreed to transfer the property in question to the City of Boanoka for the sum of SSO0.00, and Council having referred the matter to the City Attorney for preparation of the necessary Ordinance authorising tho purchase of said property, N~o Hanes offered the follo~lr~ as an e~ergency (~IP~8~) AN 0NDINANCE authorising the acquisition of a small parcel of.land situated on the southwest corner of C~=pbell Avenue and Fifth Street, S. W.; and providing For an emergency, (For full text o£ Ordinance, see Ordinance Book No. ~0, Page H~. H~nes moved the adoption o£ the Ordinance. The motion was seconded by Hr. Waldrop and adopted by the following vote~ AYES: Council members Hanes, Pickett, Pucketb, ~al~rop, Webber, YounB, and the President, Hr. Woody .................. NAYS: None .................... r---O. HOTIONS AND HI~C~LLAN~OUS BU$INF~.~S~ . STREETS AND ALLEYS: Hr. Po Hodney Fltzpatrick~ Attorney for the Board Trustees of Villa Heights Baptist 'Church, appeared before Csuncil aM presented a petition, requesting that a lO-Foot alley 1~0o~] feet in length located in Section 9, of the Hap of Villa Heights Corporation, beginning at a point on the southerly side of New York Avenue and running along the easterly side of Lot Section 9, of said Hap of Villa Heights Corporation, to a point at the southeast corner of said lot, be permanently vacated~ discontinued and closed, and advising that the petitione~ had duly published notice of such application on the 6th ~ay of December, 19~, the First day of the December, 19~4~ term of the Hustings Court for the City of Hoanoke, as provlded by law, and requesting Council to adopt a Hesolution to appoint five viewers to view said alley and report whether or not in their opinion what, if any, inconvenience would result f~om permanently vacating, discontinuing and closing said alley. Hr. Waldrop offered the Following Hesolution= (#1~83) A HE.SOLUTION providing for the appointment of five Freeholds three of whom may eot, as viewers in connection with the petition o£ P. J. Aaron, C. G. Coleman, C. B. Conne~ and P. Hodney Fitzpatrick, Trustees of Villa Heights Baptist Church, to permanently vacate, discontinue and close a ten-foot alley located in 3action 9~ on the Hap of Villa Heights Co~poration, be~lrming at a point on ~he southerly aide of New York A~snue and runnin~ along the easterly aide of Lot 9~'S'ection 9 of said Hap of Villa Heii~nts Corporation to a point at the south- east co,nar of said lot~ thence in an easterly direction across said ten-foot vide alley to a point on the rear lot line of Lot 1], thence in a northerly direction alon~ the rear lot line of said Lot 13~ Lots 12, 11 and 10~ Section 9 to a pointon the southerly side of New York Avenue~ and bein~ approximately 160.43 feet in length. (Fo~ full text of Nesolution~ aaa Ordinance Book NOo 20~ Pa~e 307.) I~o Waldrop moved the adoption of the Resolution° The motion was seconded by Hr. Puckett and adopted by the followin~ vote: AYES: Council members Hanes, Pickett, ?uckett~ ~aldrop, ~ebber, Youn~ and the President, Hr. ~oody ............. ?. NAYS: None ................... O, H~. Weldrop then moved to refe~ the ~etition to the City Plennin~ Commissio~ for stvdy and reco~endation. The motion was seconded by Hr. Hanes and adopted. There bein~ nc ~rther bu~inesa, Council adjourned.' APPROVED Clerk / ~re~den~-~- ~ COUNCIL, RF~ULAR Monday, December 20, 19~4. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Hunicipal Building, Monday, December 20, 19~4, at 2:00 o~clock, p. m., the regular meeting hour, with the President, Hr. Woody, presiding. PRESEN?~ Council members Hanes, Pickett, Puckett, Waldrop, Webber, Young, and the President, Hr. Woody .............. AB~E1/T~ None--y ................... O. OFFICERS PRESENT~.H~. Al'thur S. Owens, City Hanaser, Hr. Randolph City Attorney, Hr. Harry R. Yates, City Auditor, and Hr. J. Robert Thomas, City Clerk. The meeting was opened with a praye? by the Reverend D. ~. Pastor of Garden City Baptist Church. MINUTES~ Copy o£ the minutes of the re~-~lar meetin~ held on Honday, Decem- ber 13, 19~4, having been furnished each member of Council, upon motion o£ Young, seconded by Hr. Hanes and adopted, the reading was dispensed with and the minutes approved as recorded. h?~R!N~ OF CITIZENS UPON PUBLIC WATER D~FART~: Council having heretofore authorized the City Hanager to ~ecure bids for the construction of a booster pumping station for the Water Department, located at the intersection of Feak~ood Drive and Exeter Street, bids for this project were received from J. F. Barbour and Sons, J. E. Construction Company, H. A. Lucas ami Sons, Rea Constr~ction Co.~pany and Charles E. Via, Jr., which bids uere opened and read before the body. H~. ~ebber moved to refer the bids to a co~lttee coneistlng of John L. ~entworth, Charles. E. Hoots and 6o Ho Ruston for tabulation and report to Council at its next re~'ular meeting. The motion was ~econded by Hr. Fuckctt and adopted. SEWER CONSTRUCTION: Thc City Manager herinE issued n call fo~ bids for the construction of e sanitary sewer project to serve the downtown area, bids were received from Draper Construction Cozpeny, M. S. Hudgins, Wiley N. Jackson Cozpeny and ~en Construction Company, which bids were opened and read before Counci F~. Hanes moved to refer the bids to a committee consIstln~ of Messrs. Arthur S. Owens, John L. Wentworth and R. B. Moss for tabulation and ~eport to Council at its next regular meeting. The ~otton was seconded by Mr. Waldrop and adopted. PETITIONS AND C0~/MUNICATIONS: AIRPORT: Council, by Reso]ution No. 12~79, adopted on the 6th day of December, 19~4, having requested the Virginia Department of Highways to authorize a study and plan Of relocation of a portion of Virginia Route 118, in the vicinity of the Roanoke Munlcipal Airport, and to finance the construction of the relocated portion thereof, the City Clerk presented a com~untcation from the Commissioner of Highways of the Co.-~lonwealth, advielng that the Highway Department will be only too happy to cooperate with the city sdld the Civil Aeronautics Administration in studying the moat desirable location necessitated by the en- largement of the airfield, but that it does not feel it is the responsibility of the Department of Highways to pay any portion of the cost of relocatin~ Route 118 flor the purpose of snlargin~ the Hunicipal Airport. Hr. Waldrop moved to refer the co~unication to the Airport Co~lttee study and consideration. The motion was seconded by H~. Your~ and adopted. BUI)~EToCOHPENSATIOR BOARDt Co~unications From the State Compensation ~ard~ tent~tively fixin~ the salaries a~ expense accounts o~ the o~ices o~ the Co~onvealth Attor~y~ C~ty Sergeant, Co~lssione~ of Revenue a~ Cit~ Treasure~ ffo~ the calendar year be~l~l~ January 1, 19~, ~ere presented to ~. Youn~ ~oved to refer the co~nications to ~e budget stvdy sessions. The ~otion ~as seco~ed by ~. Hane~ a~ adopted. ~EPO~S O~ O~IC~: T~AFFIC: Council at its ~etl~ of December ~, 19~, hav~n~ reffe~ed to the Clt~ Hanager for study and reco~endetlon the traffic problem created on ~urch Avenue~ S. W., between Jefferson Street and First Street, by pedestria~ crossin~ the street In the vicinity of the S · W Cafeteria, the City Hanager, a written report, reco~me~ed the placing of a pedestrian crosswalk In this block a~ ~lso o~ In ~alem Avenue, S. ~., between Jefferson Street a~ FIFst Street. A~ter some discussion, the City Hanager reco~en~ed ~ha~ ~he cro~swa]k on Church Avenue be l~talled~ but that no action be ~aken on the one on Salem Avenue. Hr. Young moved to concur In the reco~endation of the City Hana~er to install a crosswalk on Church Avenue, S. W., between Jefferson Street and First Street. The motion was seconded by Hr. Waldrop a~ adopted. TR~IC: Council at its ~eeting of ~ecember 6, 195~, havi~ referred to the C~ty Hanager for study and reco~endation the traffic problem created by two bus ~tops on Ca. bell Ave~e, S. W., between Jefferson Street e~ First Street, a~ the question of establishl~ a central loading a~ unloedtr~ ~tstion for buses In the downtown area~ the City Hana~er reported that one of the bus stops on C2mpbell Avenue, S. W.~ between Jefferson Street and First Street, can be eliml~ted as soon as the h~ricade at the F~rst National Exchange Bank Is removed and the2 he Is of the op[nlon that the good gained by havin~ a central loadln~ a~ u~oading station for the buses would not be sufficient to offset the general ha~ and inconvenience it may cause. ~. Youn~ moved to concur In the report of the City He.agar. The motion was seco~ed by Hr. Hanes and adopted. CITY F~SICIAN: The City Hansger submitted a ~ltten report frcm the City Physician for the month of November, 19~, showing 666 office calls, prescriptions Filled and ~1 treatments ~lven, as compared with 606 off,ce cal!s~ 633 prescriptio~ filled ~d ~9~ treatments given for the month of November, 1953. The report was ordered filed. REPORTS: The City H~nager submitted ~ltten reports from the Delinquent Tax Department, the Department of Public Works, the Health Department end the Police Department for the month of November, 19~. The reports were ordered filed. FI~ D~T~: ~he City Hansger presented e report of the resignation of George ~. Altice, effective December 1P, 19~, a~ the death of Jo~ O. ~Iullins on DecaYer 15, 195~, both of ~e Fire Dep~tment. 74 The report was filed. ' FIRE ?~OTECTION~ Council at its meetinz on December 6, 19~4, having referred to the City Manager for investigation and report the quection of ~hether or nat the Fire Department, or any other agency of the city gcverr~ent~ maintained a regular inspection progra~ for fi~ escapes'in the city~ the City ~a~er reports that no such re~la~ inspection Is ~aintained, exceptl~ by the Fire Department ffo~ in,ross and e~ess to fireescapes in event of a fire. ~. ~ckett ~ved to refer the m~tte~ to the City Hana~er fo~ further consideration, pa~ticula~ly ~lth reference to the establis~ent of such lnspection~ a~ report to Council ~lth his reco~endation. The motion ~as seco~ed by Hanes ~d adopt~d. TR~IC: The City Hanager h~ving been requested to fu~nl~ Covncil ~lth i~ormation concernl~ cars that have been to. ed From the streets u~e~ Ordinance Ea. 1~1~, he repo~ted that t~enty-fou~ auto.biles have been towed From the ~treeta for the period fro~ November ~, 1~, t~ou~ Deco=bet 1, B~-WAT~ DEPARTed: The City Hanage~ advised that by reason of the increased consumption of water from the Carvi~ Cove Filter Plant a~ the necessity for bypassi~ the Filter Plant with water durin~ the su~er months, the appropriation for ~Xltration in the ~ater Department BudFet will be insuffi- cient for the balance of the year and requested an appropriation o~ $1~,000.00 to that account. Er. Young moved to concur in the request or the City Nana~er ~d offered the following emergency Ordinance: (~1228~) AN ORDINANCE to ~end a~ reordaXn Section ~280, SPurification', of an O~inance adopted by the ~ouncX1 of the City of Roanoke, Virginia, on the 2~th day of January, 19~, No. l~O~, entitled, SAn Ordinate m~Xng appropriation: from the ~ater General ~ for the City of Ro~oke for the fiscal year begi~ing ~anuary 1, 17~, and endXng Deco.er al, 19~; fix~g the rate of pay of employees of the ~ater Department; a~ declaring the existence of an emergency', provldXn~ for an emergency. (For full text cf Ordinance, see Ordinate Book No. 20, Page Mr. Young moved the adoption of the O~inance. The motion was Seconded by ~. Hanes and adopted by the following vote: A~: Council ~embers Hanes, Pickett, Puckett, ~aldrop, Webber, Moun~, the President, Mr. Woody ................. 7. NAYS: None ........ ~ .............. O. REPORTS OF COMMITTEES: NONE. UNt~INISHED BUSINESS: ' ZONING: Hr. W. G. Cressy, Attorney For Hr. J. L. Powell, requested the withdrawal of a Petition Filed with Council on August 9,. 19~4, for the rezoning of Lots 20 and 21, Block 8, Rugby Hap, From General Residence District to Business District, for the reason that M~. Powell ha~ disposed of the property and the purchaser does not desire any change in the present classification for zoning. There being no objection, Council cbncurred in the request. STREETS AND ALLEYS~. CoUncil having received a petition from the Trustees of Villa Heights Baptist. Church at its meeting of December 13, 19~, requesting the closing of a lO-foot alley, 150.43 feet in length, extending southward from New York Avenue, H. W., along the easterly slde of Lot Vllla ~elghts Corporation, which request was referred to the City Planning Commission for study and recommendation, the City Planning Co~isalon reported that it is of the opinion that the closing of sald alley will not be contrary to the interests of the public, provided the petitioners wlll assume the cost of moving the existing sewer in said alley and be responsible for acquiring a por- tion of the rear of Lot 2S to be deeded or dedicated to the city in order to a radius for improvement of the alley, and recommended that Council grant the request of the petitioners upon those terms. Mr. P. Rodney Fitzpatrick, Attorney for the petitioners, requested that the matter be laid o~er until arrangements could be made with the owner of Lot 2S for securing of the needed property. H~. Webber moved to concur in the request of the attorney and table the matter, The motion was seconded by Mr. Young and adopted. CONSIDFRATION OF CLAIMS: NONE. I~RODUCTION AN~ CONSIDF~ATION 0~ ORDINANCES AND ~SOLUTION$: DEPARTEES~ OF FU~LIC ~LFARE: The City Attorney having been instructed in 195~ budget study sessions to prepare an Ordinance, authorizing the City Manager to cause certain welfare and medically indigent patients to be transferred from hospitals to the City Hose or to private convhlescent homes during e six months' experlmental period in the fiscal year 195~, he presented same; whereupon. Mr. Hanes moved that the following Ordinance be placed upon its first reading: (~12285) AN ORDINANCE authorizing the City Manager to cause certain wel- fare and medically indigent patients to be transferred from hospitals to the City Home or to private convalescent homes during a six months' experimental ~eriod in the fiscal year 1955. ~,~IEREA$, pursuant to effective contracts the City is obligated to pay hospitals $16.00 per day for the care of certain welfare and-medically indigent patients confined to such institutions; and ' WHEREA~, it is the belief and hope of Council that certain of such patients could receive requisite medical, nuritng and institutional care at the City Home or at certain private convalescent homes zt a reduced per diem cost to the City. THE~EFORE, BE IT ORDAINED by the Council of th~ City of Roanoke that the City Manager be, and he is hereby, authorized to cause such of those welfare and medically indigent patients as may be, from time to time, confined in hospitals and who, in the opinion of the attending or City physician, may receive reasonably adequate medical, nursing and institutional care at the City Rome or at a private convalescent home to be transferred from such hospital to the City Home or to a private convalescent home, at the expense of the Welfare Department*s Hospitalization Fund, during a continuous six months' experimental period to be selected by said City Manager within the year The motion was seconded by. Hfs, Pickett and adopted by the following vote: AYES: Council members. Hanes, Pickett, Puckett, Waldrop~ Webber~ Young, and the President, FA'. Woody ....................... NAYS: None ............................. Oo PAHI~ AND PLAYOROUNDS: The City Attorney having been instructed in budget study sessions to prepare an Ordinance, authorizing the City Auditor to pay the proper charges for electric current consumed in illuminating the Mill Mountain Star, he ~resented same~ whereupon, Hrs. Pickett moved that the following Ordinance be placed upon its first reading: ~12286)A~DINAECE authorizing the City Auditor to pay from the Street Lighting Account, the proper charges For electric current consumed in illuminating the Mill Mountain Star. WHERFAI, in 19h9, Roanoke Merchants Association erected a large smd expensive star atop Mill Mountain and has e~nce maintained the same, all at its sole expense; and WHEREAS, said Association has placed a sign at the base of said star reading -- "World*s lar£est man-made star. Erected in 19~9 as a symbol, of the Pro~ressive spirit of Roanoke, Star City of the South"~ and %/'gE~EA$, said Association has expressed the belief that the star £avorably advertises the City, as a municipality and, accordingly, the City should bear a portion of its costa; and has requested the City only to defray the expense of the electric current used in illuminating lt~ which averages about 1,5l~5 k. hours per month; and WH~REA~, Mr. W. Jackson Shepherd, Chairman of the Star Commllttee, in personally presenting the request to Council, agreed that the Merchants Association would continue to maintain and be entirely responsible for the safety of said star; and WHEREAS, this Council concurs in both the request and the reason therefor~ THEREFORE, BE IT 0RDAIh-EDby the Council of the City of Roanoke that the City Auditor be, and he is hereby, authorized and directed to pay, from the Street Lighting Account, the proper charges for electric current consumed in illuminating the Mill Mountain Star; provided, however, that the City shall in no wise be responsible for the safety and maintenance of said star. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Hanes, Pickett, Puckett, Waldrop, Webber, Young, end the President, Mr. Woody .................... 7. NAYS: None .......................... O. SEYAOE DISPOSAL: Mr. Puckett brought to the attention of Council and offered the fol~owing Resolution, directing the City Attorney to undertake to' ac- quire, for and on behalf of the City of Roanoke, requisite easements from the United States of America, and possibly from other owners of lands, for the installation of sanitary sewage connections from the General Electric Company's new plant to an existing city outfall or sanitary sewage main: (~12287) A RESOLUTION directing the City Attorney to undertake to acquire, for and on behalf of the City, requisite easements from the UNITED STATF~ OF AMERICA, amd possibly from other owners of lands, for the installation of sanitary sewage connections from the General Electric Company's new plant to an exlstin~ City outfall or sanitary sewage main; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 308.) ,:,"H~o ~ckatt m~ved the adoption of the Resolution. The ~tion vas esco~ed bye'. Yqu~ and adop~d by the following vote~ AYE~S Cou~ll me~bera Hanes, Pickett, Puckett, Valdropm Webbe~, Young~ the .President, ~u% Wo~y ............... 77. K~IONS A~ HISCEL~,~OU~ ~U$II~'~$~ ~.SoS. ROANOKE~ Pa'. You~ stated ~at the Crulee~ Roanoke la no~ anchored In Hs~ton Roads for the Christmas ~eek a~ that he feels the city should extend Christ.s ~reetin[s to the officer~ s~ men of the C~lser a~ offered the follo~l~E Resolution~ (~1~88) & R~OM~ION extendin~ (C~1~5) ~d the ship's company. (For full text. of ~esolution. see Ordinance Book No. ~0. Pa~e ~09.) ~. Youn~ moved the adoption of the ~esolutlon. The motion was ~eco~ed by ~. ~ebbe~ and adopted by the follo~lnf vote: AYe: Council me.ers Hanes, Pickett, Puckett~ ~aldrop~ ~ebbe~ Young, and the ~residente H~. ~oody ~AYS: None .................... COU~IL: The Hayo~ presented a co~nlcatlon f~m ~. Paul J. Puckett, resl~nin~ as a meaber of the Roanoke City Council. ~aid re~l~natlon to become effective December 31, The co~unication ~as Filed. There bein~ no further business, Council adjourned. APPROVED / COUNCIr., RI~ULA~ ~IL~, Tuesday, December ~8, 191~. The Council of the City of Roanoke met in regular ~eetir~ in the Council Chamber in the Municipal Building, Tuesday~ December 28, 195~, at 2100 o~clock, p. m.~ the regular meetln~hour~ with the Presldent~ Hr. Woody~ presidio. PRF~E~ Council ~bera Hanes, Pickett, Puckett, ~aldrop, ~ebbev, Young~ s~ the ~resident~ H~. ~oody .................. A~E~: None .......................... O. O~ICF~S P~E~= Mr. A~thur S. ~ens, C~ty Mana~e~, M~. Ra~olph O. ~ttla, C~ty Attorney, Mr. Har~ R. Yates, City AudXtor, a~ ~r. ~. Robert Thomas, C~ty Clerk. The ~eet~ was opened ~[th a Fraye~ by ~. Amthu~ ~. ~ens, C~ty MIh~ES: Copy of the minutes of the regular ~eet~ held on December 20, 19~, hav~ been Furnished each member of Council, upon notion ~. Hanes, seconded by ~. You~ a~ adopted, the r~d~ng ~as d~apansed with the minutes approved am recorded. ~ARING OF CITIZENS UPON PUBLIC MAT~S: NO~. P~ITIONS A~ CO~NICATIONS: TRAgIC-STORM DRAINS-STR~ LIGHTS:A petition signed by seventy-three residents of the Wlll~mson Road area, askl~,~ that a tr~p traffic l~ght be ~nstalled at W~lll~son Road a~ Wildhurst Avenue, N. E.; ~hat water be drained from the sidewalk in front of ~18 Lee Avenue, N. E.; and ~hat two street lights be installed on ~e Avenue, N. E., one at the r~ar of ~e Associate Reformed Presbyterian Church and one on th~ knoll acros~ fro~ 160 Lee Avenue, was before ConncX1. On motion of ~. Waldrop, seconded by Mm. Hanes and adopted, the petition was referred to the City Manager for study and reco~endation to Council. REFORTS OF AIRPORT: Council having previously [n~truc~ed the City Manager to make arrangements fo~ Interim service to the public at the Roanoke Munic~pal Al~ort ~estaursnt, peking the completion of nego~iations for operation of the restsur~n~ by a new lessee, he reported that tempora~ service Is being rendered thmough dispensing machines. The report was ordered filed. ST~ ~IDEN~N6-C~ A~ 61~TER: The City H~ager submitted ~[tten report that the Trustees of Grace ~urch, I~ependent, who o~ property at the Junction of ~gewood Street and Breton Avenue, S. W., have a~eed to donate to the city 1,033 feet of property, 10 feet wide, along the north side of Edgewood Street, S. W., for street widening purposes, and are asking the city to construct 250 feet of curb and ~tter parallel to a portion of said property, the City Hana~em reco~endtng that this be accomplished, as Edgewood Street is, a~ will be~me so, one of the city's connecti~ streets, It bel~ understood that should other property In the area be developed, then, tn accordance with the O~lnance, adequate land will be secured to c~ntlnue these exte~ions and widen the street. ~. Webber moved that Council concur in the reco~e~ation of t~Clty M~ager a~ offered the following emergency Ordinance: · ,1,~: (~1~89) AN OP. DIHANCRauthorizin8 the acquisition B£ certain land on the north side ~f lMge~0od Street, So We, fo~ street widening purposes; authorizir~ the construction of a certain amount of curb and ~utter as consideration and providing for an emergency° (For full text of Ordinance, see Ordinance Book No. ~0~ Page HI'o Webber u~ved the adoption of the Ordinance. The motion ~as seconded by KUo Young and adopted by the follo~in~ vote~ AYES~ Council me~bera Hanes, ~lckett. Fuckett, ~aldrop, Webber~ Young, and the President, Hr. Woody ........................ ~AYS: None .............................. O. REPORTS OP CO~I~'~ Sk-~F~R CONS?RUCTI3N: Council at its last regular meeting having referred to a committee co~poeed of Hr. Arthur S. O~ens, City Hanager, Hr° John L. ~entvorth, Director of ~ublic Morke, ~nd H~. H. B. Hess, Iurchasln6 A$ent, Fo~ tabulation ar~. report, bids heretofore received for the construction Of sanitary se~er to serve, the do~rnto~n area, the co..~uittee submitted a rtl:ten report, together vith ,a,tabulation o£ the bids. It appearing From the tabulation that the bid of Draper Construction Company in the amount of $52,6~8.h0 is the lo~ bid on the project, Hr. ~ebber offered the following Resolution: (#12~90) A RF-~0LUTION accepting the proposal o£ Draper Construction Company, Roanoke, Virginia~ for the construction of sanitary ~e~er to serve the downtown area, in the total sum of $52,688.~0; authorizing and directing the City Nanager to execute the requisite contract; and providing for an emergency. .(For full text of Resolution, see Ordinance Book No. 20, Page Hr. ~ebber moved the adoption o£ the Resolution. The motion ~as secomded by Hr. Waldrop and adopted by the follo~Ini vote: AYES: Council members Hanes, Pickett, Fucks:t, ~aldrop, ~ebbe~, Young, an~. the President, Fa-. ~oody ....................... NAYS: None ............................. ~AT~R DEPART_~h~: Council at its last regular meetin~ having referred to a co~lttee composed of-Hr° ~ehn L. ~ent~orth, Director of Fubllc ~orks, Hr. Charles E. Hoers, En6ineer in Charge of Construction of the ~ater Department, and Hr. O. H. Ruston, Acting Manager of the ~ater Department, for tabulation and report bids heretofore received for the construction of the Peakwood Drive Booster ~umpln~ Station, the co~lttee sub~tted a written report, lncludinE e tabulation of tbs blds, showinE the bld of J. F. Barbour and Sons in the amount of $13,97~.00 a~ low bid. After a discussion of the ~atter, }~. Webbe~ moved that the question be settled over until the next regular meetin~ of. Council, and that in the meantime, the City Manager ascertain whether er not a proper deed has been prepared and executed, conveying the neoessa~, land to the city on which to erect the booster Pu~pinK station, advise Council of the o~tgtnal estimate of cost for the eon- struotion Of the station, be prepared to discuss plecln~ the pu~-zplnE station ur~ler~mound and have present the plans fop the ets/ion at said meeting. The motion was seconded by Mr. Young and adopted. UNFINISHED BUSINESS: PARKS Ab]) PLAYGROUb~S: Council h~ving previously referred an offe~ from M~. E. M. St. Clair to sell the city a tract of land containlnE 6.56 acres, T~x Ro. ~7~0101, in the YaehinGton Heli~hte a~ea, at a price of {~,~O0.O0, Fo~oasible park.purposes, to the City Plan~ln~ Cov~aission £or study and recommendation~ the City Pla~lnS Comission repo~ted that the property In question has been inspected by the Co~lasion a~ the Dlrecto~ of Parks a~ Recreation a~ that In v~w of its size and lpcation the C~lssion feels It la not desirable for a park site to serve the Washl~ton Hel~ts ~eal the City Pl~nl~ Co~lasion, therefore, recovered that the tract of land ~t be so.ired for a public pa~. ~. Young moved that Council concu~ In the reco~endation of the City Planning Co~lsslon. ~e motion was seconded by Mrs. Pickett a~ adopted. ZONI~ Council having previously referred a petition signed by Hr. R. T. Edvards, Attorney, representing~. ~. C. Oyle~ a~ H~. P. O. Oyle~, askin~ that property frontln~ on Hlllcre~t Avenue, N. E., between Forest ~lll Avenue a~ Liberty Road, de~c~lb~d as ~ts 6, 7, 8, 9, 10, 11, I~A.. 1]A a~ I~A, Block P, ~tlll~son Groves Nap, be rezoned From General Residence Dlstrict to Special Residence District, to the City Pla~i~ Cor~ls~lon for study a~ recc~e~ation, the City Planning Co~aission reported that tht~ req,~e~t ~as discussed ~lth P. G. Oyle~ a~ his Attorney sometime a~o, and additional l~crmation ~aa requested which has neve~ been furnished, that it Is understood the petttloner~ are no longer Interested In gettin~ the property rezoned,.and since the Co~is~lon c~ see no necessity FoP the rezonln~ of ~aid property, tt reco~e~s that the request b~ denied. H~. ~ebber moved that the City Clerk a~certsln From the Attorney for the petitlone~a whether or not ht~ clients ~l~h to ~lthdrsw their petition. The motion was ~econ~ed by Fw. Hame5 and adopted. B~IDGHS: Council unde~ date of Hay ~, 19~, by ~esolutlon No. 11~21~ h~lng advised the Virginia State Department of Hi~h~ay~ of Its intention, If feasible to do ~o, to include in the 19~ budget funds with ~hich to defray the city*s- sha~e of the co~t of the proposed ne~ bridge over Ti~e~ C~eek at ~e t~rainu~ of Dale Avemu~, 5. E., in the a~ou~t of $1~,~00.00, the City Clerk brought to the attention of th~ body 2 ~esolutlon adopted by the Council of the To~n of Vinton on Decembe~ ?1, 19~, sdvistn~ that it i~ no~ esti~ted that the co~2 of making the n~cessary improvenents to the Ti~er Creek bridKe will be between $20,000.00 a~ $~5,O00.00 a~ requesting the Council of the City of Roanoke to cooperate in the proposed widening by shari~g t~'enty-five per cent of the cost thereof and by joining the To~ of Vinton in requesting the Vtrgi ni~ DeDartment of Hi.ways to allocate sufficient funds to cover one-half the cost of this project in the 1955-1956 allocations for highway const~ctlon or reconst~ction. On motion of Mr. Webber, seconded by ~. You~ a~ sdDpted, the mar'ret was referred to the City Attorney for perparation of the proper Resolution. CONSIDERATION 0F CLAI~: I~RODUCTION A~ CONSIDERATION 0F ORDINANC~ AS~ RFSOL~IONS: DEP~T~hT 0F FUBLIC ~LP~E: Ordinance No. 12285, authorizing the City Manager to cause certain welf~e and ~dically indigent patients to be transferred from hospitals to the City Home or to private convalescent homes during a six months' e~erlmental period In the fiscal year 1955, having previously been before Council for its first reading, read a~.laid over, was again before the body. ~ebber offering the f~llowl~ for its seco~ reading a~ fill adoption: (~12285) AN OSDINANCE authorizing the City Manager to cause certain welfare and ~edically indigent patients .to be transfferred from hospitals to the City Home or to private convalescent homes during a six monthe~ experimental period in the Fiscal year 1955. (For full text of Ordinance, see Ordinance Book Ho. 20, Page 310.) Fa,. Webber moved the adoption of the Ordinance. The motion was eeconded by Mr. Waldrop and adopted by the followinE vote: AYES: Council members Hanes, Pickett, Puckett, Waldrop, Webber, Young, and the President, Hr. Woody ..................... ?. NAYS: None ........................... O. MILL MOUNTAIN: Ordinance No. 17286, &uthorizing the City Auditor to pay the proper charges for electric current consumed in illuminating the Mill Mountain Star, having previously been before Council for lis first reading, read and lald over, was again before the body, Mr. ~aldrop offering the following for its second reading and final adoption: (~1~286) AN ORDINAECE authorizing the City Auditor to pay from the Street Lightin~ Account, the proper charges for electric current consumed in illuminating the Mill Hountain Star. (For full text of Ordinance, see Ordinance Book No. 20, Page 310.) F~. Waldrop moved the adoption of the Ordinance. The motion was seconded by Mr. H~nes and adopted by the £ollowinE vote: AYES: Council members Hanes, Pickett, Puckett, Waldrop, Webber, Young, and the President, Hr. Woody .................... 7. NAYS: None .............................. O. MOTIONS AND ~ISCELLANEOUS BUSIneSS: BUDGET-~'ATER DEFART~5~: Mr. Webber brought to the attention of Council and offered the following emergency Ordinance, appropriating ~30,000.00 to the Capital Outlays from BeYenue Account in the Water Department Budget: (f12~91) AN OHDINANCE to amend and reordain Non-Operating Expense of an Ordinance adopted by the Council of the City of Rosnoke, Virginia, on the ?Sth day of January, 19~4, No. lZ0~3, entitled, "An Ordinance making ~ppPopristions from the Water General Fund for the City of Boanoke for ~he fiscal year beginning January 1, 19~4, and ending December 31, 195~; fixing the rate of pay of employees of the Water Department: and deolarin~ the existence of an emergency", and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. ~O, Page 313.) Hr. Webber ~oved the adoption of the Ordinance. The motion was seconded by H~. Young end adopted by the following vote: AYES: Council members Hanes, Pickett, Puckett, Waldrop, Webber, Young, end the President, Mr. Woody ................... 7. NAYS: None ......................... O. COUNCIL: The Mayor stated that since this is the last meeting M~. PuekeSt will attend as a member of Council, he wlshes to express the regret of Council that Mr. Pu~kett is leaving the city and will no longer be as,ociated with the body, however, Council is happy to see M~. Puckett receive a promotion in his company. M~. Puczett replied that he has enjoyed serving with the members of Council, and that whll~ his tenure in office has been brief, it has been pleasant, and expressed his pleasure in having served with the members o~ Co--il and the administrative personnel o~ the government. There being no l'urther business. Council adjourned, APPROVED COUNCIL, REGULAR Ho~dey, January The Council off the City oF Roanoke met in regular meeting in the Council Chamber in the Huniclpal Building, Honday, January 3, 19~, at 2~00 o'clock, p. m., the re[ular meeting hour, with the President, Hr. Woody, presiding. PRE~Eh'T~ Council members Hanes, Pickett, Waldrop, Webber, YounF, and the President, Hr. Woody .................. 6. Af~EI'/T~ None .................. O, OFFICFR$ FHF~E.hT: Hr. Arthur 5. Owena, City Hanager, Hr. Randolph O. Whittle, C~ty Attorney, Hr. Harry R. Yatea, City Auditor, and Hr. J. Robert Thomas, Clty Clork. The meeting wes opened ~ith a prayer by th~ ~everend R. E. A. ~illeP, Pastor of ~he Ghent Brethren Church. COUNCILt ~ro Paul J. Puekett having prevlouely r~sl~ned his seat on Council effective December ~1, 195~, resulting in a vacancy on Council, in accordance ~ith the provisions of Section ~ of the Charter of tho City of Roanoke Hr. Young placed in no,!nation the nmme of Herbert A. Davies to fill the unexpired term of Paul J. Puckett as a member of Counc!l for a period ending August 31, 1958. Mr. Webber ~oved to close the nom~nat!ons. The motion was seconded by Er. Hanes and adopted. Mr. Davies was elected a member of Council to fill the unexpired tern of Mr. Puckett by the following vote~ AYES: Councll members Hanes, Pickett, Waldrop, Webber, Young, and the President, Hr. Woody ................... 6. NAYS: None ..................... O. The Mayor declared a five ~!nute recess, durlr~ which Mr. Davies qualified as a member of Council before the Judge of the Hustln~s Court. At the end of the recess, the City Clerk reported that Er. Davies had qualified and Mr. Davies took his seat on Counc!l. MINL~ES: Copy of the minutes of the regular meetirk~ held on Tuesday, December 22, 195~, having been furnished each member of Council, ~pon motion of Mr. Young, ~econded by Mr. Hanes and adopted, the reading was dispensed with and HEARING O? CITIZENS UPON }USLIC MATTF~S: N01~. PE~ITIONS AI~D CO}~NICAT!0NS: STORM DRAINS-SIDeWALK. CONSTRUCTION: The City Clerk presented a petition from residents of Aspen Street, N. W., requesting the construction of stor.~ drains and sidewalks on Aspen Stree't, N. W., from Cove Road to Forest Par~ Boulevard. Mr. Hanes moved to refer the petition to the City Manager for study and report. The motion was seconded by }~. Waldrop and adcpted. REPORTS OF OFF. ICe'RS: CITY PLANNING CO.~[M. IS$ION: The ~lty Manager reported the appointment of Er. B. F. Parrott, Hr. B. N. Eubank and Mr. George Dur~llnson, Jr., as members of the City Planning Commission for terms to e~plre December 31, 1958. The report was filed. HI~ALTH DEPARTKEST: The City Hanager presented a com~nunication ~rcm the Roanoke Boa~d of Health, recomm~endlnE that a f~fty cent ch~6e Be n~de for the ~nce of Bt~th and de~th certificates ~y the Health Department. ~. Hanes moved to ref~ the co=unicatio~ to the C~ty Eana[e~ fo~ study s~ reco~e~tion. The ~otion ~as secor~ed By ~. Webbe~ e~ adopted. AI~FO~T: The C~ty }~a~e~ requested that Council ~ant 9ermission fo~ the re~in~ of'the Cannad~y Hous8 at the ~oanoke ~untctpal Airport. ~. ~aldrop moved to concu~ In the request of the City Mana~e~ a~ to d~rect the C~ty Attorney to prep~e the pro,er Hesolution, autho~zi~ the City Manager to have the bulld[~ razed. The motion ~as ascended by };r. Hanes and adopt~ DEFART~T OF PARKS AR~ REC~EATION: The City M~neger presented a report from the Departnent of Parks and Recreation for'the month of Noverber, 19~. The report was filed. U2~INISH~ WAT~ D[~ART}iE~: Bids for the construction of a boostem Fu~[nE for the Water DcFar~ment on PeaScod Drive, S. W., havlnC been received by Council at its meeting of December PO, 195~, and having been referred to a com~tt*e t~bulat[on, ~nd ssld ~abul9tion having been presented to Counc[l at [~s of December 28, 193~, showing thc low bidder to be J. F. ~arbeu~ and Sons at $13,97~.00, ~t which ~eet~ the body directed the C!ty Manager to dete~tne ?tether ou not a p~oper deed has been prepared and executed, conv~y[ng the necesaary land upon which to erect the boostem punning station, advtme Council of the original estimate of the co~t for the constructiou of the station, be pre7amed to dfscum= plac~nC the pumpinF station unde~Eroun~ and to h~vs ~he ~lans for the station pre~ent ~t this meet~nz, the City ManaEem re[omted that ~he deed recorded, that the original estimate of the co2t for the build~n~ was $9,000.00, plus the cost =f the pumps of $],6C0.00, nak[nC a total of ~10,600.~0, ~nd that he bas the Englnecr in Charge of Construction, Mr. Charles E. }Ioore, present go over the plans ~[th Council. Hr. Moore pointed out that the increased cost probably is due, in part, fhe necessity of co,erminE the build~nE to the build~nEs in the com~n[ty and advised that he deem not recommend the Installation of underErou~ punpf~ stations. After considerable discussion, ~m. Young moved to refer the matter to a com~ittee consisting of Messrs. Charlee E. Moore, Arthur S. Owens, and John L. ~entworth, said co~ttee to co,er with the low bidder with a view of altering the plans and speclf[cst~ons fo~ the station, resultin~ tn a lower cost For construction, and report its reco~endatlo~ to Council. Mr. Waldrop inquired tf Mr. Young ~ould a~ree to add his o~n name to the committee and serve thee%on, to which Mr. Young replied that he has no objection to serving on the co~ittee and agreed to add his n~e thereto. ~e ~otton was s~co~ed by Mr. Waldrop and adopted. CONSIDF~ATION OF CLAIF~: NO~. I}~RODUCTION A}~ CO!~ID~ATION OF ORDINANCFS A~ RESOL~IONS: 85 SUILDIN~ INS~ECTOR-AI9 POLLUTIOH CO~TROL~ Council in a previous budFet study ~ession having transferred the Inspector In the Air Follution Control Department to the Building Irmpector"e office ard directed the preparation of an Ordinance~ transferring the functions of lssuln~ permits, collection of Fees and inspection in connection with the installation of heating equipment from thc Air Pollution Control Department to the Building Inspector,s office, Hr. Webber offered the followir~ Ordinance aa sn emergency measure: (~17~9~) AN 0RDINANC£ ~nendlng the Air Pollution Control Ordinance of the City of ~oanoke, 19~9, Ordinance No. 91~ as amerced, by the addition of a new section mumbered Section 3-A, relating to permits~ inspections and fees= and providing for an emer[ency. (For full text of Ordin~nce, see Ordinance Book goo FO, Page .K~o ~abber moved the adoption of the Ordinanc~. The motion ~as ~econded by ~. Young a~ adopted by the rollo~In~ ~ote: A~S: Council ~eaberi Davies, Han~s, ~tckett, ~aldrop, Eebb*~, Young, and the Fre~ident, E~. ~ood[ ................... NAYS: None ......................... O. In ~h~s connection, Mr. WmldPsp offered the follow,nc emerfency O~d~nance: (~1R~93) AN ORDINANCE amend~nK and reorda~n~ng Sectlon llO0. INSTALLATION 5TANKARDS., of ARTIC~XI, Hea~ ~oduc~nF Appliances, Hemt~nF, Ventll~%~n~, A~ Conditioning, Blowe~ and Exhaust S~s%ems, of The Off~c~al Build,nE Code of the C~t~ of Roanoke, Omd~nsnce No. 118~1~ as ~end~d; and providing for an emerfencI. (FoP full text of Ord~nance,.see Ordinance Book No. ~0, Page ~. WaldPop moved the adcptlon of the Ordinance. The motion wm~ seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Day,es, Hanes, P~ckett, Wmldrop, Webbe~, Young, and the Pmes~dent, M~. Wood~ ..................... 7. NAYS: None ........................... O. Mr. Webbe~ then moved to appo~n~ a com~ttee con~st~n~ of Mayo~ Council~an He~be~t A. Day,es, Mr. J~es N. K~ncanon and Mr. Chamles S. F~ost to s%ud~ the.Alt Pollution Control Ordinance, Rs ~nended, and to present to Council ~ts reco~e~ations fop strengthen~n~ the abatement provisions of the law. The motlon was seconded b! Mr. Hanes and BRI~ES: Councll a~ lts last re,laP meet~nf hav~nE ~ns~ructed the Attorney to prepare a Resolution, mEreel~ to cooperate wlth ~he Town of V~nton ~n w~den~n~ T~e~ Creek Br~dFe, he p~esented s~e; whereupon, M~. YounE offered the following: (~1Z29~) A REMOL~ION ~ree~ng to cooperate wlth the To~ of V~nton In w~den~ng Tl~er Creek Bridge. (For full text of Resolution, see Ordinance Book No. 20. Page 315.) ~. Young moved the adoption of the Resolution. The motion was seconded by Mr. Wald~op and adopted by the following vote:. A~: Council members Davies, Hanes, Pickett, Mald~op, Webber, Young~ the P~esident, F~. Woody ................. ~;AYS: None ....................... 0. T~ERC~SIS SANATORIa: Council having previously been advised that the state w~ll w~thdraw its financial support from the c~ty's Tuberculosis Sanatorium, effective June 30, 195~, Mr. Webbe~ offered the following Resolution: (~1~95) A RRSOLUTION evidencing Council's intent to close the City's Tubercul0sla ~anatorlum effective June 30th) 19~1 requestinz the Commonwealth to accept all patients therein~ in need of institutional care, in adequate 5tate Tuberculosis 5ar,atoria, in the interim; directing the City Hanager to render reasonable assistance in effectlnZ such transfers; authori:in~ the City Auditor to pay lawful charges for such care of such City patients; and providin~ for an (For full text of Resolution, ~ee Ordinance Book No. FO, Faze In thie cormecticn, Mr. Arthur Bo Richardson a~peared before Council in opposition to the adoption of the Resolution, stating that there is n~ Indication that Negro tubercula~ patients can be taken care of in state sanatoria during the next six aonths and that his belief is that it will be two years before the state can adequately handle the situation, and requested Council to defer ~ct!on on the Resolution until such ti~e as the state ls in a position to handle the problem. ~r. Webber pointed out that the Resolution is only to express the intent of Council and that before the sanatorium can actually be closed further action on the mart of Council will b~ required. ~r. Web,er then moved the adoption of the Ra~olut!on. The notion was seconded by ~. Youn& and a~opted by the followin~ vote: AYE. S: Council members Davies, Hines, Pickett, Wa!drop, Webter, YounF, and the Fresldent, Mr. Woody .................... N$YS: Ifone .......................... O. ~b~GET: It appearing that the 19~5 buacet cannot be adopted at thio time, }~. Younc offered the followlna emergency Ordinance: (#17P96) AN ORDINANCE authorizing the City HanoVer to apnrove necessary expenditures for the operations of the liunicipal Goverm~ent until the 19~ Annual Appropriatlo~ Ordinance is adopted and becomes effective; authorlzfnC the City Auditor to draw warrants in payment of said necessary expenditures; providing for an emergency. (For full t~xt of Ordinance, see Ordinance Book No. PO, Page 316.) }ir. Your~ mo%~d tbs adoption of the Ordinance. The motion was seconded by Nm. Davies and adopted by the following vote: AYES: Council members Davi~s, Hanes, Pickett, Ealdrop, Webber, YounF, and the Preslden~, Hr. Woody ................. llA'f5: None ....................... O. LICENSE TA% CODE= The committee conslstfr~ of ~essrs. Harry B. Yate~, Robert Thomas and J. N. Klncanon heretofore appointed to clarify, recodlfy and simplify the License Tax Code of the City of Roanoke presented and the adoption of an Ordinance, amendlnf Sections 150, 1~ and 163 of the said License Tax Code by making certain clarifications and changes in the administra- tive provisions of the said Ccde. In this connection, Mr. Richard F. Pence appeared before Council and objected to the provision of the ar, endment providing that licenoes cannot be transferred where the licensee has conducted business in the city less than twelve ~onths. ~ ~ After some discussion, .~{r. Wsldrop offered the following emergency 0rdinanc, (~122~?) AN ORDINANCE amendln~ and reordainlng ~ectlon 150~ relating to License Fees and Penalties, Section 153, relating to License Taxes, ~hen Payable, and ~ectlon 163, relating to Transfer of Licenses, of The License Tax Code of the City of Roanoke, Ordinance ~o. 9740; and providing for an emergency. (For full te~t of Ordinance, see Ordinance Bock No. 20, Pe~e 317.) Hr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Hr. Hanes and adopted by the following vote: AYF~: Council members Davies, Hanes, Pickett, Waldrop, Webber, YounF, and the President, Hr. Woody .................. 7. 1L~YS: None ........................ O. EOTIONS A~E HISCELLAN~0US ~UtlNESS= STADIUm.! ~EVISORY C0¥~IITTFE: The Ci~y Clerk having reported that the terns of Messrs. Abney S. Boxley, C. E. Cuddy, John ~. Bowman, William P. Swartz, Jr., Walter O. Stephenscn and George g. Fulton, Jr., President of the R~anoke Touchdown Club, as members of the Stadi~n Advisory Committee, expired December 31, 195~$, Hr. Waldrop placed in nomination the name~ of Abney S. Boxley, C. E. Cuddy, John I. Bowm~n, William P. Swartz, Jr., and Walter G. Stephenson for terms of two years each on the Stsdlum Advisory Comnlttee, said terms to ~xpire December 31, 1956, and the name of S. Colaton ahead, Jr., for a ter~ of one year to e×plre December 31, 19~5. There being no further nominations, the nominees were elected by the followln~ vote: A1'~_S: Council members Davies, H~nes, Pickett, ~aldrop, ~eb~er, YounF, and the President, Mr. Woody .................. 7. NAYS: None ........................ 0. AIR POLLb~ION CO};TROL: The City Clerk advised that the term of Mr. Carroll G. Traylor as a member of the Advl=ory and Appeal Board, Air Pollution Control, expired December 31, 195h. Iir. Young placed in nomination the nm~e of Carroll G. Traylor for reelectio~ to the Advisory and Appeal Board, Air Pollution Control, for a term of four years expiring December 31, 1958. There bein~ no further nominations, Mr. Traylor t~as elected by the followin VOte: AYES: Council members Davies, Hanes, Pickett, Wsldrop, Webber, Young, and the President, Er. Woody .................. 7. NAYS: None ........................ O. LICENSE TAX CODE: Hr. Richard F. Fence appeared before Council and re- quested that Council take action to amend the License Tax Code to ellm~nate what he ter.~ed double taxation on contractors, stating that he wa~ under the impression when he presented this matter to Council previously that the body intended to take sction on his request prior to the 1955 license year. The Hayor advised Hr. Pence that the License Tax Code Study Com~ittee has presented members of Council with preliminary drafts of the recodified License Tax Code, but that Council has been unable to take any action beca~se of the pressure of year end business. Hr. Webber moved to refer the request of ~r. Pence to the License Tax Code Study Com.~ittee. The motion was seconded by Hr. Waldrop and adopted. There beinE no further bueiness~ Council adjourned. APPROVED AT~.' . .[ COUT;CIL, HEGtrLAH NS/ETIN6, Honday, January 10, 1955, ~e Council of the City of Roanoke net in regular meeting in the Council Chamber in the ~.h~nicipal Building, Monday, January 10, 1955, at 2~00 o'clock, p. m.. the regular meeting hour, with the President, Mr. Woody, presiding. PRESENT~ Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Hr. Woody ............ 7. ABSENT~ None--~ ................. O. OFFICERS PRESENT: Hr. Arthur $. Ovens, City Manager, Mr. RAndolph G. City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend S. E. Mitchell, Pastor of the First Church of the Brethren. MINUTSS~ Copy of the minutes of the regular meeting held on Honday, January ~, 1955, having been furnished each member of Council, upon motion of Mrs. Pickett, seconded by Mr. Davies and adop~ed, the reading .~'as dispensed with and the minutes approved as recorded. ~H~.ARING OF CITIZENS UPON PUBLIC 1.~TTSRS: ~JBEP. CULOSIS SANATORIt~-I: Dr. L. E. Paxton, representing a committee of citizens of which he is Chairman, appeared before Council and presented a Resolutiol requesting that the city obtain assurance from the State Health Department that any Negro patient at Coyner's Springs Sanatorium be assured of admission to existing State _~berculosis Sanatoria prior to the closing of the Roanoke Tuberculosis Sana tar itum. Dr. H. T. Penn appeared before Council in support of the Resolution of the Citizen's Co~-u~i~tee. Mr. ~ebher moved to file the Resolution and send a copy thereof to the 'Stat Health Co~nissioner and Roanoke's three representatives in the General Assembly of Virginia. The motion was seconded by Mr. Waldrop and adopted. Mr. Arthur B. Richardson then appeared before Council and again requested that the body rescind Resolution No. 12295, evidencing its intent to close the. city' Tuberculosis Sanatoritun, effective June SO, 1955. Mr. Waldrop moved to take the matter under consideration and take no action until further information is available to Council. The motion ~ms seconded by Mr. iianes and adopted. PEHTIONS AND COMMUNICATIONS: SIREET LIGHTS: A communication from the Appalachian Electric Power Company reporting the installation of two 10000 ltu~en and three 2500 l~men street lights in the city during the month of December, 1954, was before Council. Dhe co.mnunication ~as ordered filed. PFRCHASE OF PROP~IM-STORM DRAINS: A co~munication from the City Planning Commission, recommending that the city acquire Lots 25 and 26, Fleming Court, located on the south side of Wentworth !venue, N. E.~ to be held as a seepage area for storm ~mter, and advising that the city has a sewer easement across Lot 25, but that in the construction of the sea, er it was partly located on Lot 26, which interferes with the owner's plans for the construction of a residence, was before Council. .9O. Hr..Han~s moved to refer the matter to the City Hanager to obtain a price for the purchase of the two lots, study the matter and make a recommendation to :ouncil. The notion was seconded by Mr. Davies and adopted. P~EPORTS OF OFFICERS: ADISROUSE: The City Manager submitted ~ritten report from the Almshouse for month of November, 1954, showing a total expense of $1~933.38, as compared with a total expense of $2,127.40 for the month of November, 1953. The report was ordered filed. DEPART~NT OP FUHLIC ~,~LFARE~ The City Manager submitted ~rltten reports, covering the expenditures and activities of the Department of Public Welfare during the month of November, 1954, in compliance with Sections 62-67.1 and 63-67.2, Code of Virginia. Fne reports were ordered filed. REPORTS: The City ~-~nager submitted written reports from the Airport for month of November, 19~4, and the City }~rket, the Delinquent Tax Department, the Department of Buildings, the Electrical Departnent~ the P~rchasinE Department and the Department of Public Works for the month of December, 1954. ~ne reports ~ere ordered filed. FiRE DEPAR~-~NT: The City Mans§er reported the retirement of Alfred P. Britt effective December 31~ 1954, and the employment of Raymond Edward Cox as a First Year Private in the Fire Department~ effective January 1, 1955. The report was ordered filed. REPORTS OF CO~.~[I?~EES: NO}~ . ~INISHED BUSI}~SS: ZONING: A co~nunication from Home Dealers, Incorporated~ requesting that property located on the south side of Cove Road, N. %7., designated as Official No. 24~0101, be rezoned from General Residence District to Business District, havln~ been reeelved by Council at [ts meeting o£ Novembe~ 15, 1954, and referred to the City Planning Commission for study and reco.~nendation, the City Planning Commission reported that in view of the existing conditions of the property in question and the i~ediate neighborhood, it is the opinion of the Planning Commission that no additional business is needed at this time, that sufficient evidence was not present lbo show that the residential neighborhood Eenerally ~ould he benefited by the lng and that the petitioner will suffer no undue hardship if said property is not rezoned, and, consequently, recommended that Council deny the request of the In this connection, the City Clerk presented a letter from Hr. J. S. Sherer ~ttorney for Home Dealers, Incorporated, req=estin~ that Council hold a public hearin§ on the request for rezon/ng. Mr. %!cheer moved that a public hearin~ be held on the question of rezon/ng the property as requested by Home Dealers, Incorporated, at 2:00 o'clock~ p. m.~ February 14, 19S5. The motion %fas seconded by Mr. Young and adopted. CONSIDERATION OF CLAI]~: NOllE. INTHODb~TION AND CONSIDEPATION OF ORDINANCES AND RESOLUTIONS: SPECIAL PEPJ,[ITS: Mr. Webber moved that the following Ordinance be placed upon its first Feading: (~12298) AR ORDINAECE granting a temporary permit to Elizabeth C. Sheaf and Cash J. Sheaf, her hus~nd, to install a canopy on a buildin~ they propose i~ediate~ to erect on the east side of Fra~lin R~d upon certain ter~ ~d comities. ~S~ Eliza~th C, and Cash J, Sheaf ~ the follovin~ described real es~te~ located In the City of Roanoke~ ~INNIEG at a poin~ on the easterly side of Fra~lin R~d (U. S. It~gh~y No. 220) S. 47' 3' W. 59.39 fee~ fro~ the intersection thereof with Broadway; thence along the easterly side of ~a~lin Road ~. 47' 3' W. 5~ feet to a po~tl thence leaving ~klin Road S. 42' 57' E. 155.37 feet; thence N. 41~ 27' E. 5~5 fee~ to a point; thence N. 42~ 57' W. 98.~ feet to the BEGINNING; and YrHEREAS~ by Ordinance No..°~77, adopted by this Council on the lOth day of Hay, 1948, a setback line was established in front of said real estate (and all other real estate fronting Franklin Road between Broadway and a point 2500 feet south%mrdly therefrom) and it was also provided, tn said ordinance, that no building thereafter erected shall extend over the setback~ne therein established, and %~dER~%$~ the said Elizabeth C. and Cash J. Shoal propose to immediately erect a building on the southerly portion of the above-described real estate and desire to attach, to said building, a canopy that would extendwtthln the said setback line but not beyond the present east line of Franklin Road, and have, accordingly, made application to this Council for the permit hereinafter granted, and the granting of the same has been reco~ended by the City Manager. YHEREFORE, BE IT ORDAIneD by the Council of the City of Roanoke that a temporary permit be, and such per~zlt is hereby, granted unto Elizabeth C. and Cash J Shoal to attach to the aforementioned building a canopy that may extend within said ~tback line but not beyond the present east line of Franklin Road, upon the following terms and conditions: 1. The permit herein granted shall be revokable at the will of the Council of the City of Roanoke, and upon notice of such revocation said canopy, or so rr~ch ithereof as shall extend within said setback line, shall, within sixty (60) days from the date of such notice, be removed at no cost whatever to the City. 2. The pernittees shall sign, in duplicate, this ordinance, by which signatures they shall be deemed to have agreed and bound themselves, their heirs and assigns to the provisions hereof. S. be City Clerk shall cause a signed duplicate of this ordinance to be admitted to record in the Clerk's Office of the Hustings Court of the City of Roanok( and to be indexed therein, as deeds are indexed, showing the permittees as grantors and the City of Roanoke as grantee. The' motion was seconded by Mr. Davies. Mr. %~ldrop then offered a substitute motion to refer the matter to the City Planning Commission for study and recommendation to 'Council. The motion was seconde( by Mrs. Pickett and lost by the following vote: AYES: Council members Pickett and Waldrop ............. 2. HAYS: Council members Davies, Hanes, Webber, Young, and the President, Mr. ~foody ........................... Ordinance No.'12298 ~s then adopted on its first reading by the following AYES: Council members Davies, Hanes, ~aldrop, ~'febber, Young, and the Presldel ~r. ~oody .................... 6. NAYS: M~s. Pickett ....... 1. AIrPORTs counel! having directed the City Attorney to prepare an Ordinance, directing the City V~rmger to cause the Cannmday House at the Roanoke ~nicl~al Airport to be razed, he presented sameI wherm pon, Mr. ~faldrop off~red the (~12299) AN ORDINANCE directing that the ,Cannaday Housette razed~ and providing for an emergency. · (For full text of Ordinance, see Ordl6~nce Book No. 20, Page ~20.) }M. Waldrop moved the adoption of the Ordinance. The motion %~e seconded by Mr. Hanes and ~dopted by the following vote: AYES: Council members D~vies, ltanes, Pickett, %Mldrop, Webber, Young, and the President, Mr. Woody .......... ?. NAYS: None ................ O. BUDGET: The Hoanoke City School Board appeared before Council and presented a communication, advising that it is in no position to approve by acceptance the amount Council has allocated to the school system in its 1955 budget and requesting additional appropriations in the amount of $112,923.50, or a total budget appropria- tion of $4,522,456.00, advising that it has received a telegram from Mr. J. G. Blount, Jr., Finance Director of the State Department of Education, as follows: "Replying to your inquiry let me advise that local expenditures for ealaries of instructional personnel for the 1954-88 school year cannot ~e less than the amount expended for salaries of instructional personnel during 1953-54; increase State funds ear marked for instructional salaries must be expended for that purpose and cannot be substituted for local funds. Will confirm by letter." Council having held numerous budget studies in connection with the proposed 1955 budget, and the final draft showing total estimated revenue in the mnount of $10,728,523.00 and total appropriations in ~be amount of $11,095,828.26, Mr. Young offered the following emergency Ordinance: (~12200) AN ORDII~NCE making appropriations from the Oeneral Fund of the City of Hoanoke for the fiscal year heginnlng January 1, 1985, and ending December SI, 1955; fixing the rate of pay for certain city employees; and declaring the (For full text of Ordinance, see Srdinance Book No. 20, Page 220.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by ~m. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, ~bber, Young, and the President, Mr. Woody ............. ?. NAYS: None ................... O. Mr. Hanes then moved to appoint a co~ittee consisting of Messrs. Arthur O~'ens, Ratty R. Yates and Randolph G. %.~ittle to confer ~ith the City School Administration and the State Department of Education to determine whether Council must appropriate additional funds to the 1955 school appropriation in order to be eligible for naxim~ state grants for public education and report to Council. The notion was seconded by }M. %~ldrop and adopted. BUDGET-!.JAT~ DEPA~.~;T: Council having considered the proposed draft of 1988 %~ter Department Budget in budget studies, and the final draft showing total estimated revenue in the amount of $1,178,200.OOand total appropriatl6ns in the amount of $1,178,150.28, ~. Hanes offered the following emergency Ordinance: (#12801) AN ORDIRA~Emaking appropriations from the %~ter General Fund and the ~ter Replacement Reserve Fand for the City of Roanoke for the fiscal year beginning January 1, 1955, and ending December ~1, 1955; fixing the rate of pay of employees of the Water Department; and declarir~ the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 338) Mr. Hanes moved the adoption of the Ordinance. The notion was seconded by Er. Davies and adopted by the following vote: -AYES: Council members Davies, Hanes~ Pickett, Waldrop~ ~ber, Young~ and the President, Mr. ~'oody ........... 7. NAYS: None ................. O. BUDGET-SEWAGE DISPOSAL: Council having considered the proposed draft of the 1955 Se~ge Treatment Budget in budget studies, and the final draft sho~lng total estimated revenue in the amount of $407,000.00 and total appropriations in the amount of $40G~617.~0, }ir. ~ldrop offered the following emergency Ordinance: (~12302) AN ORDInaNCE .~aking appropriations from the Sewage Treatment Generz Fund and the Sewage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1985, and ending December Si, 1955, and declari the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 341) }~. %~aldrop moved the adoption of the Ordinance. The motion ~s seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies~ Hanes, Pickett, %'~aldrop, %~ebber, Young, and the President, ~-~. Woody ......... 7. ~YS: None ............... O. MOTIONS AND KISCELLAr~OUS BUSIneSS: BUDGET-SCHOOLS: Mr. Jack M. Barnett appeared before Council representing the Roanoke Junior Chamber of Commerce and stated that the organization feels that Councl should provide additional funds for the Roanoke City School Board in the 1988 budget %,hich he said are necessary to have an adequate school system in the City of Roanoke that the Junior Chamber of Commerce recognizes that Council is faced with a financia dilemma~ but that steps should be tal~en to obtain additional funds for the operation of the city in order that the School Board might have adequate funds for operation of the school system. }~. Young stated that in the overall increase of the 1988 budget over the 19 budget the school account has received the largest percentage of increase granted any department by Council. In this cannection~ theMayor presented a letter from the Roanoke Junior Chamber of Commerce dated December 2~ 1954, previously submitted to Council in budget study sessions, advocating the adoption of the 1985 School Budget as proposed by the Roanoke City School Board. The co~nunication was ordered filed. SEW,~ER CONStRUCHON: Mr. J. P. Hale appeared before Council and presented a communication~ requesting sewer service to Lots SA, 6B, 6C, and 7D, Block 6, and Lot 4, Block 2, Idlewild Park. }~. Young moved to refer the communication to the City ;.~nager for study and reco=endation to Council, such report to be submitted on January 17, 1985, if possible. The notion was seconded by ~. Davies and adopted. BUDGET: Mr. Webber stated that there have been numerous cor~nuntcations received by Council during the year 1984 and action deferred thereon to the 1985 budget study sessions and moved that the City Clerk be directed to advise the proponents of all such matters o~ the action taken thereon. The motion %ms seconded ~yMr. Young and~dopted. CI~f pI, A]~]'~II'~(} CO, fISSIONs Hrs. Pickett stated that each member of Council has .eceived a copy of the Ar~.ual Report of the City Plannin~ Co~3ssion for the year moved that the report ~e received by Cotuncll and filed. The motion vas seconded Hr. %febber and adopted. SLIfH CLEARANCEt Hr. ~;aldrop presented a communication £rom Hr. John H. Hart) )osing the Commonvealth Redevelopment Project. The co~micatlon ~ras ordered filed. There ~ein§ no further business) Council adjourned. APPROVED .~esident' COUKCIL, REGULAR ~F~TING, Hor~ey, January 17, 1955. The Council of the Clt~ of Roanoke ~et in regular zeetlng in the Council Chamber in the Hunicipal Ruildinp, Monday, January 17, 1955, at P~O0 o'clock, p. m., the regular ~eting hour, with the Vice President, Mr. Hanes, presiding. PRF£EI/T: Council members Davies, Pickett, Waldrop, Webber, Young, and the Vice President, l~r. Hanes ..................... 6. A/Srb~t The President, Mr. Woody ...... 1. OFFICERS PR/SENT: Mr. Arthur S. Owens, City Man~ger, Mr. Randolph G, Whittle, City Attorney, Mr. H~rry R. Yates, City Auditor, and Mr..J. Robert Thomas City Clerk. The ~eeting was opened with a pr~yer by ~*e Reverend A. 5. Moorefield, Pastor of the Second Wesleyan Methodist Church. IIINUTE5: Copy of the m~nute~ of the regular neetinf held on Monday, January 10, 1955, having been furnished each mezber of Council, upon ~otlon of Mr. Waldrop, secor~ed by Mr. Davies and aaopted, the reading was dispensed with and the ~lnutee ~pDroved es recorded. HEARIEG OF ~TIZENS U;ON PUPLIC }~ATT~RS: STRr~TS A~r~ ;LL~Ys: Frank. G. rayne, Jr., Myra S. tayne and George Taylor, through their Attorney, Er. Rich~rd T. Edwards, having e!led a petition before Council at its meeting of September 15, 195P, requesting that a ?C-foot way bounded on the north by Rershberger Road, on the south by e pager street designated a~ Wyoming Avenue and Block P, Washln~ton Heights, on the west by a 1.33 acre lot deeIgr~ted as Tax No. ?770~05 and on the east hy an 0.8 acre tract designated as Tax No. 2770501, smd bainE approxllately 300 feet west of Gilbert Drive, be vacated, discontinued and closed, at which tl~e the petitioners filed an Affidavit of the City SerKeant that he had posted notices as required by law oh the let day of Septezber, 1952, and Council by Resolution No. 11~5 havln~ appointed viewers to view the property and report in writing pursuant to the provisions of the statutes whether or not in their opinion any, and if any, way, and Council at the same time having referred the ~atter to the City Plennln~ Connission for study and re¢on~endation, ~nd the City Planning under date of December P, 195~, herinF reported that it ap~earfn? from investi- gations that said rifht-of-wey ~as never dedf(ated as a rublic street, and that no public utflltle~ are located therein, the Co~fsslon is of the opinion that the closing of it will not destroy any of the rtchts or privileges of either tLe City of Roanoke Or property owners, and havin~ recommended that Council ~rant the request of the petitloners, and Messrs. R. L. Rush, J. O. D. Coper2naver and J. A. Turner, viewers previously appointed b~ Council, ha¥tnE reported under cate of December 6, 195h, that having viewed the premises, they found that no inconvenience would result froz vacating, dtscontinutnF and closing said ?O-foot rifnt-of-way, and Council having previously set a public hearing for P:00 o~clock, ~. m., January 17, 1955, for interested persons to appear beforethe body to be heard on the question, cue notice of ~$!ich ~as pub!lshe~ in the Rognoke on December 31, 195L, said hear!n~ %:as held at this ti~e, at %;Pich no one ~Dpeared in opposition to the closing of the right-of-way{ whereupon, ~ra, ?lckett ~oved to concur in the reco~endation of the City Bla~ming Co~lsslon, The motion was seconded by Mr. Webber and adopted. Mrs. Pickett then moved that the following Ordinance be placed upon its first reading: (~12303} AN 0~D]NANCE vacating, discontinuing and closing a Twenty (20) fo~t rl6ht-of-way bounded on the North by the Hershber£er Road, on the Bouth by a Paper Street designated as Wyoming Avenue and Block 2, Washington Heights, on the West by 1.33 acre lot designated on the Land Book ss Tax Ilo. 2770h05, and on the East by 0.8 acre tract ~esignated on the Land Book as Tax No. 2770501, being ~ right-of-way twenty (20) lest wide h£O.9~ feet long on the westerly side and 497.67 on its easterly side, and being approximately 3CC feet West of Gilbert Drive, all within the City of Roanoke, Virginia. WXd~BE~£, Frank. G. Payne, Jr. and Myra S. rayne, his wife, and George Taylor ha~e heretofore filed a petition before the City Council, in accordance ~!th ln~, requesting Council to vacate, discontin::e and close a twenty Foot right- of-way bounded on the North by the Hershbcrger Road, on the South by the Paper Street designatcc as Wyo~ing Avenue, Block 2, Washington Heights, and on the Wc~t by a 1.33 acre tract design~ted on the Land Book Official No. P770~05, and on the East by 0.~ acre tract designated on the Land Book Tax No. 777C501, being u right-of-way twenty (20) feet ~!fde 4~0.95 feet long on the westerly side and ~97.67 on its easterly side, and being u~{roxi:a~itely 3~0 Feet m'ost of Gilbert Drive, ~11 ~lthfn the City of Roanol:e, V~r~!n!a, a~d ~c to the flttnc of said ~etition ~ue notice was gfcen to the public as required by law, and ~iiEHEAS, in accordance ~;!th the said [etlti:~n, viewers were aFpointea by Council to ;iow the property and to report ll~ wPftln~ wi:at inconvenience, if any, m would result from vacating, disconti~.uing aha closlng the right-of-way aboce referred to, and WHEREAS, it arpears from the re~=ort in writing filed with the City Clerk, together with the affidavit of said viewers, and a reco.~uenaatton of the Planning Commission to the City Council that n> inconvenience would result either to any lnaivfdual or to the public from vacatinm, discontinuing and closing the said right-of-way above demur!bed, to which report no exceptions have been filed, and I~.<ER,~AS, after due notice published in the Roanoke World News on the 31st day of December, 19~4, directed to any person interested in the vacating, discon- tinuing, and closing of a twenty foot right-of-way as set forth above, a ~ublic hearing was held before the City Council of the City o£ Roanoke at ?:GO p. ~., on January 17, 19~5, at which hearing no one appeared and offered any objections why the aforesaid right-of-way should not be vacated, discontinued and closed, and Wi~HEAS, in thc opinion of the City Council of the City of Boanoke, the vacating, alscontinuing, and closing of a twenty foot right-of-way as set forth herein would result in no inconvenience to any i~ividual or to the public, and ~HEREAS, the petitioners have agreed to bear and defray the costs and expenses incident to the closing of the s~ld street. THERE'PORE, BE IT ORDAIh~ED by the Council of the City of Roanoke, Virginia, that the twenty (20) foot right-of-way bounded on the North by the H~rshberger Road, on the South by a Paper Street designated as Wyoming Avenue and Block 2, Yashir~ton RelFhte, on the ~est by 1.33 acre lot deel~nated on the Land Book as Tax No. P770~05, and on the E~st by 0.5 acre tract deslgr~ted on the Land Eook aa Tax No. ?770S01, being a right*clove7 tventy (?0) feet wide ~0.9~ feet lon~ on the ~esterly side and h97.67 on its easterly aide, and being approximately 360 feet West of Oilbert Drive, a11 ~lthin the City of Roanoke, Virginia, be and the same 12 hereby vacated~ diecontinued and closed. BE 1T FURTMK..R GRDAI~ that the City En~lneem be, a~ he is hereby dteected to mark "Fern~nently Vacated, Discontinued, a~ Closed" the said right-of-way above referred to on all maps a~ plats on file In the Office of the City Engineer off the City of Roanoke, Virginia, on which ~ala ~aps and plut~ ~aid right-of-way Is ~ho~ referring to the book and pace of Re~olutions a~ Ordinances of the Council whe~LqtMs Ordinance ~hall be ~pread. BE IT ~R~F~ 0RDAIkXD that the Clerk of thl~ Council deliver to the Clerk o~ the Hustincs Court for the City of Roanoke, Virclnia, a c~py of this Ordinance In order that s~id Clerk may m~ke proper notation on all maps or plats recorded In his ~ald office upon ~ich are ~hown the ~aid r~cht-of-way herein permanently vacated, ~2~conti~ued, and clo~ed as provided by The motio~ was ~eco~ed by ~r. ~ldrop and adopted by the following vote: A~S: Council me~bers Davies, [ickett, W~ldrou, ~ebber, YounF, and the Vice President, [ir. H~nes .................... 6. NAYS: ~'one ........................... O. (The President, Hr. ~oody, absent) F~ITi0NS A~ C0>:)[U'fICATIONS: BUDG~-CITy TRFASURER: A co~.~unication Cro~ :<r. J. H. Johnson, City new office equipment which have been approved by the State Compensation Board for the year 1955, was before Council. l{r. Webber moved that the co~uunicatlon be filed. T~e motion ~as ~econded by ~r. Walarop a~ adopted. BOARD OF ZOEING AFFIX: The City Clerk presented a communication from the Board of Zon~nC Appeals, tr~ns~IttinC its Annual HeporL fo~ the year 195~. The report wms ordered f~led. PENSiONS-CLERK 0F COURTS: A co~un~c~t~on from Mr. R. J. W~tson, Cler~ of Ccurts, advis~nE that Hr. Wfll~ H. Carp, Deput~ Clerk of Courts, w~ll ~each the ace of slxtf-ft~e on Febvuamy 9, 1955, at which ti~ the E~?loy~es' Retirement System 0rd~nance ~peclf~es compulsory retirem~nt, and requestfn~ that n tenrorary extension to the ~etlre~ent of Mr. Cart be cranted by reason of }ir. Watson's ii/ness a~ absence from the office, was preeented by the City Clerk. Mr. Webber noved to refer the co~aunfcation to the ~oard of Trustees the E~ployees~ Retirement System for consideration and reeo~endation. The not,on was seconded by }Ir. YounE a~ adopted. REPORTS 0P O~ICERS: GRADE CROES!5~S: Council by Ora[nance No. 1~262, adopted on November 15, 195~, havln~ directed the City Ha~Eer to offer to purchase iron Mr. Jacob L. Brewer a parcel of land needed for an underpass under the viaduct connecting EoPfolk Avenue a~ Salem Ave~e, S. E., he reported that after lengthy negotiations he has received an offer fro~ Hr. Morris L. Haslnter, Attorney for M~. offering the property In question for ~tO,C00.00, plus costs estim~ted at 97' .' My. Young moved that Council reject the otter ot Mr. Brenner. and that th~ City Attorney be directed to initiate ar~t prosecute condemnation proceedings to acquire the property. The motion was seconded by HI-. ~'ebber ands dopted, STOPJiD~AIN$-5IDEWALK CONSTRUCTION: Council at its ~eeting of January 3~ 19~, having received a petition from residents ot the area, requesting the construction of stor~ drains and eldewalks on A~pen Street, R. V., from Cove Road to Forest Park Boulevard, which petition was referred to the City Hamster for study and reco~endation, the City Hanager reported that to install adequate storm drains in Aspen Street, as requested by the petitioners, ~ould require approximately ~7~,CO0.CO ai~ that there are no funds afallable in the 19~ budget for this purpose, the City Manager a=vlslng further that he ca~ot recommend t!e project. Mr. Young moved that Cauneil concur in the report of the City ~anager end that the City Clerk a=~lre the petitioners that Council recognltes the need for the Installation o£ the storm drains, but does not have suffict~nt funds to accomplish the construction at this time. The motion was seconded by Mr. Waldrop and adopted. ~ATER DEPART}~I,~: The City Manager advised Council that the vvesent contra, for ~Iscellaneous street r~storatlon ~ork In connection ~Ith the ~ater Devavt~.nt~e operations ~!ll expire on February ~5, 1955, and reoueeted authority to advovtiae for bids for a new contract beginning March 1, 19~, and extending for a rerlod of six months, with the right of renewal for an aaaitfonal six months. ~r. Young moved to direct the City Eanaffer to ~d~ertlse for bia~ for a new contract for restoration of =treet~ in connection with th~ ~atem Department's operations for a period of one year beginning March 1, 19~. The motion was seconded by Mr. Waldrop and adopted. AIaPOHT: The City ~lanaEeV reported that the Ple~ont, Eastern and American Airlines usage and service a[reements at the Roanoke ilunicipal Air~ort will terminate M~rch 31, 1957. Mr. Youn& moved that the report be filed. The m~tlon was seconded by Mr. Davies and adopted. PURCHASE 0P PROPERTY-TRAFPIC: Council at its meeting of November 72, 19~4, having requested the City Manager to initiate action looking toward acquiring Lot 11, Block 5, Sarbour HefFhts Map, for the future widening Of Hain Street sad Rrandon Avenue, 5. W., he reported that F~. Roy R. Pollard, owner of the property, has, through bls Attorney, }~. Morton Honeyman, offered to convey the said lot to the city for ~i,SC0.OO, providcu the city will reconvey to Mr. Pollard a twenty foot strip off of the west aide of Lot ll. ~s. Pickett ~oved to affect the City Manager to renegotiate the matter with F~. Pollard and report to Council. The notion was seconded by Mr. Webber and adopted. SLUM C~EARAECE: The City Manurer presented a report of the Housing sad Hygiene Inspector on work done In thc Commonwealth Slum Clearance Area under the Housing and HyR!ene Ordinance. The report was ordered filed. CIT~ ~HYSlClAH: The City Hanager submitted a written report frS~ the City Fhysician For the ~onth of December, 19~4, showin~ 671 office calls, tO1 preecViptions Filled and P40 treatments given, as compared with 604 office calls, 6S5 prescriptions Filled and P6P treatments given ~or the month of December, The report was ordered Filed, HEALTH D~;RT~: The CIt7 ][ana~er ~ubmitted e written report fro~ the Health Department for the month o£ December, The report was ordered filed. BUDG~oHUNICIPAL COUHT= The City Hanager reported that it had been necessary to enploy a Fart time person in the office of the }~uniclpal Court by reason of accrued vacation leave for Er. Alex Ao Wsldrop, Jr., ~'ho reslEned from that department, and that there are no funds in the 19b~ buoEet to pay the neces- sary salary~ the City Manager requesting an appropriation of ~64.00 to the Municipal Court account in the 19~5 budget for this purpose. Mr. Webber moved to concur in the request of the City ManaFer and offered the following emergency Ordinance: (#12304) AN ORDINANCE to arrmr~ and reordatn Section ~P~, "Municipal Court", of the 1955 Appropriation Ordinance, and providing for an en~rgency. (Fcr full text o£ Ordinance, see O-dlnance Book No. o0, P~e 353.) Mr. Webber hewed the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the Following vote: AYFA: Cour~il members Davleh, }Ickett, Webber, Young, and the Vice President, Mr. Hanes ............... a-~. NAYS: None ................... O. (The ?resident, Mr. ~oody, absent) W~ldrop not coting) REPORTS OF CO}DiITT~ES: Uh~INIS~D PT'SIEESS: WATER DEPARTF~NT: Council at its ueetlng of January 3, 1955, having referred to a eorrlittee consisting of Messrs. Charles E. Moore, Arthur S. Owens, John L. Wentworth and Councilman Walter L. Young the bid Of J. F. Barbour and Sons for the construction of the Peakwood Drive Booster Fuapfn~ Stationwith the request that they confer with Mr. Barbour with reference to altering the plans and specifications of the punpin? station with a view of reducing the cost thereof and report to the body, the co~lttee'reported that it has received a written agreement from Mr. Barbour a?reetng to the following changes: Item A - Substituting a flat type, built-up roof, PO-year guarantee, but without bond, a reduction of ..... $ 415.00 Item B - Reducing the wall thickness from 1P" to 8" with reinforced concrete below the floor lewel and brick above, a reduction of ........... . ......... 210.00 Item C - Omitting retaining walls, catch basin and fence as shown on plot plan, but perforraing necessary excavation and rough grading to slope front bank from property line down to roadway, a reduction or .............................................. '505.00 Total Deductions Mr. Webber moved to concur in the report of the co.~r~lttee and offered the following Hesolutlon: ($12305) A R~£OLUTtON approving the co.-~uittee's report, with reference to altering the plans and specifications For the Peakwood Drive ~ooster Pumping Station; conditionally authorizing the awarding of a contrect For the construction of said pumping station; and providing for ,n eaergency. {For full text of Resolution, see Ordinance Book No. PO, Page 343.) IO0 H~. Webber moved the adoption of the Resolution. Tha motion was seconded by Hr. Davies and adopted by the followinE vote= AYF_~: Council membera Daviea, Pickett, Waldrop~ Webber~ YounFm and the Vice Preeidentm Hr. Hence ..................... $, NAYS: Done ............................ O. (The PresJdent~ Hr. Woody~ ahsen~ CONSIDERATION OF CLAIt~: Ih~HODUCTION AfB C0~$IDERATION OF ORDINANCES At~ RESOLUTIONS~ SPECIAL F~$~iIT$~ Ordinance No. 1~298, grantinE a temporary permit to Elizabeth C. 5heat and Caeh J, Sheaf to lnetall a canopy on a bulldl~ ~ they propose t,~nediately to erect on the eaet side of Franklin Road upon terms and eonditlons~ havtnt pre~iou~ly been before Council for Ire first reading~ read and laid over~ ~:e a£ain before the body~ ltl-. Younc offering the followinf for it~ second readin~ and final aaoption: (#17~98) AN ORDINA:;CE ~rantin~ a temporary paralt to Elizabeth C. Sheaf and Cash J. 5hoaf~ her husband, to Inetall a canopy on a buildin~ they l,.~ediately to erect on the east side of Franklin Road u~on certain terms and conditions. (For full text of Ordinance~ see Ordinance Book No. ?O~ PaCe Mr. YounE moved the adoption of the 0rdtn~nceo The motion was seconded by l!r, Davies and adopted by the followin~ vote: AYES: Council ~.eabers Davies~ [lckettm Waldrop~ Webber, Younc~ and the Vice ?resident~ Nv. Hanes .................... NAYS: None ........................... 0o (The President~ Nr. ~oody~ absent S,.~W, LGE DI£FOSAL: Er. Young of£ered the follo~in~ ae~olution~ a~endin~ the contract of September ~8~ 19~ between the City of Roanoke and the County of Roanoke dealin~ with the treatment of dome:tlc and coxmercial wastes: (#1~306) A HESOLL~ION ~endln~ the contract of Septenber ?$~ 19~, be- tween the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and cox~ercial wastes; and provldin~ for an e~erEency. (For full text of Re~lution, see Ordinance ~ook No. ?0~ Page Hr. Young ~oved the adoption of the R~solutton, The motion was seconded by Hr. Webber and adopted by the followtnt~ vote: AYF~: Council members Davies~ Pickett, ~aldrop~ Webber~ YounF~ and the Vice Presldent~ }ir. Hanes .................. DAYS: None ......................... O. (The President~ Mr. ~oody, abaent) NOTIONS Ak~ XISCELLlh~0U$ FIRE DF~LR~!~: Hr, J. W. Webbm a member of the Garden City Volunteer Plre Co~pany~ appeared before Council and requested that the body take action to have a fire stati~n constructed on the lot already owned for that purpose in Garden City~ Hr, Webb advisint that the membera of the volunteer fire company will aa:let in the building of the st ation by contrlbutinU their l abo~ to the project. Er. Webber moved to refer the request to the City ~ana~er for study and recomendatien~ alert with an e~timate of the cast of ~uch construction.' The motion was seconded by Er. Youn~ and adopted. 1-"01' ~UDGET-CO~ONWEALTH ATTOHNF~ Mr. Hanes asked that Council discuss with the Cor~onwealth Attorr~y the question of an additional part tl~e Assist ant in the office of the Co~.~orm'ealth Attorney, such Assistant havlnF been requested by Hr. C. E, Cuddy to prosecute traffic c~ses in the Traffic Court and to a~pear in the Hustings Court on appeal day. Hr. Cuddy advised Council that he n~de a request of the State Co~pensation ~oard et the tine of sub~lttin~ his budget to that body in September for an Assistant~ but did not request an apprapriation of funds at that ti~e because the contemplated chanEes in the Hunicipal Court had not be £1nalized, and that he ~as advised by the Co,peri, etlon Board that he ~lEht come back to the Board after reachinE an a~reement ~lth Council on the question for further action~ that the char~es in the Eunicipal Court ~ere not effected until December, 195~, ~nd ~n consequence of the chanEes~ his office ~111 not be ~ble to prosecute t~affic cases in the Traffic C~urt without an additional Assistant~ the amount of salary requested for the additlonal Assistant belnC ~3,000.C0 per annun. Er. ~aldrop moved to take the matter under consideration. The ~otfon was seconded by ~r. YounF and adopted, HEALTH DF?AR~.:ENT: Council betnc advised that the terms of [essrs. Eugene S. Brown and $ohn ![. Tho~{v~on as =embers of the Housin? and HyFiene Bo~d ex?ire January ~1, 19~, ~m. Y~bbe~ moved ~hat ~essrs. Eugene 5o Brown and $ohn }[. Thompson be reelected as ~embevs of the Hou$~nF and Hyc~ene Board for a t~r~ Of two re.rs beginninf Februar~ 1, 19~5. ~ae zotfon wma seconded b~ ~[P. YounK ~nd ~dopted by the followinM vote: AY~: Council nembers Da;les, }lckett~ Wal~rop, Webber, Yzung, mhd the Vice F~estdent, }Ir. H~nes ....................... 6. NAY&: None .............................. O. (The President, Mr. absent) There beln~ no further bu~ness, Council ad3ou~ned. AFPROVED 102 COUNCIL, REGULAR ~ETING, The Councll of tho City of Roanoke met' in regular meetin~ in the Council Chamber in tho Huniclpal Buildin~, Honday, January ~, 19~, at ~tO0 o'clock, p. m., the regular meetin~ hour, with the President, Hr. ¥oody, presiding. PRESENT: Council members Hanes. Waldrop, Webber, Young, and the President, Hr. Woody ......................................... ~ ABSENT: Council members Davies and Pickett .... 2. OFFICEI~ PRESENT: Hr. Arthur $. Owens, City Hamster, Hr. J. H. Klncanon, Assistant City Attorney, Hr. Harry H. Yates, City Auditor, and Hr. J. Robert Thomas. City Clerk. The meeting was opened with a prayer by the Reverend J. L. Coppock, Pastor of the West End Presbyterian Church. HINUTE$: Copy of the minutes of the regular meeting held on Honday, January 17, 1955, having been furnished each member of Council, upon motion of Hr. Hanes, seconded by Hr. Waldrop and adopted, the readir~ was dispensed with and the minutes approved as recorded. It~ARING OP CITIZEN~ UPON PUP~IC I~ATTI~RS~ NONE. I~TI?ION$ l~} C0P~iUNICA?IONS: ACAD]~H~ OF }fl3SlC= The City Clerk p~esented a communication from Dr. E. ~. Gill, Chairman of the Civic Auditorium Co~mittee, statin~ that lest May the co=lttee asked for permission to discuss the advisability of having a bond issue for the purpose of erecting a clvic auditorium to replace the Academ~ of ~usic~ at which time It ~as told that C~uncil would have a special meetin~ to discuss thc school situation and would at that time discuss the elvic auditorium, and advisl~ that since the'committee has heard nothl~ from its previous request, It would like to know when i~ will be convenient for Councll to discuss the reco.~mlendations which the co~mittee made on October 19, 1953. l{~. Young moved that the City Clerk be directed to lnfol~Dr. 0111 that Council will hear his group at ~=CO o~clock, p. m.. January 31. 19~5, in the Oouncil ~hambero The motion wes sscordcd by Hr. Wsldrop and adopted. WATE~ DI~ARTF~I~T~ A petition from residents of the Wllliamson Road area. rcqusstin~ the city to designate thc Wllll~son Road Rranch of The Pirst National Exchange ~enk as a receiving station for thc paImcnt of quarterly water bills, was before Council. Hr. Young moved to refer the petition to the committee already studyinE a like request from a citizen of the Northwest section for consideration, said co~mittse to also study the establishment of a consolidated station for thc receipt of all public utllity bills in the cit~. and in addition, thc probability of having water bills received at the city's fire stations~ said committee to report its findin6s and recommendations to Council as soon as possible. The motion was seconded by Hr. Webber and adopted. REPORTS OP OFPICERS: BDDOET-DF~ARTHENT OP PUBLIC WlU~PARE~ The City Hana~er advised that, actin~ under Resolution Ho. l~aS~, authorizing the use of the City Home for convalescent 108 care of indigent patienteo he has found that a transfer of Funds in the budget will bo required to allow the en~loyment of p~rsonAel~ tho purchase of necessary supplies and equipment and the payment of certain incidentals in the total amount of $6,220.00, J~, Webber moved to concur in tho report off the City Hanager and offered the followir~ emergency O~linance~ (~lP307) AR O~DINANCE to amend and reordain ~ection~O, UHospitalizationU ~ection ~, sClty Homeu, and Section ~1~, 'Departmental Equipment and Z~q~rovementse, of the 19~ Appropriation Ordinance) and providi~ For an emergency (For full text of Ordinance~ see Ordinance Book No. 20, Fags H~o Webber moved the adoption of the Ordinance. The motion was seconded by Hr. Hanes and adopted by the £ollowii~ voter AYES= Council ~embers Hanes, ~aldrop, ~ebber, Young, and the President~ Hr, Woody ........................... NAYS= None~ ................. O. (Council members Davies and Pickett absent) TRAFFIC-STORHDRAINS-~T~EET LIGHT~: A petition si~ned by seventy-three residents o£ the ~llllam~on Read area~ askin~ that a trip traffic light be installed at Wlllia~son Road and ~lldhurst Avenue~ R. E.; that water be drained From the sidewalk in Front of 118 Lee Avenue, R. E.~ and that t~o street lights be installed on Les Avenue, N. E., one at the roar of the Associate Refor~ed ?resbyterian Church and one on the knoll across From 160 Lee Avenue, havin~ been referred to the City HanaEer for study and reco~mendation, he reported that a traffic light, as requested~ is planned for installation durin~ the year that a recommendation viii be made concernln~ the Installation of street if a survey by the street lifht co~lttee indicates a need therefor and that he can Flrd no practical solution to the problem of the ~ater in Front of 118 Lee Avenue~ N° Eo, but that he will, ho~ever, atter~3t to keep the street in adequate condition consistent ~ith the ~ater problem. H~. Webber moved to concur in the report of the City Hana~er and instructed the'City Clerk to Furnish a copy thereof to the petitioners. The motion seconded by Hr. Wsldrop and adopted. SE~ERCON~TRUCTIOR: A co:~uunication from Hr. J. P. Hale~ requeetin~ se~er service to Blocks 6 and ~ Idle~lld Park, havin~ been before Council et its · meetin~ of ~anuary 10~ 19~ and referred to the City Hana~er Fcr study reco~mendation, he reported that the estimated cost of the sewer is a~proximately ~4~00Oo00, of ~hich the o~ner ~ould be required to pay one-half, and that there are sufficient Funds in the 195~ budget For the construction of said sewer° H~. Hale appeared before Council 'and requested that the residents of that area be treated the same as other reeide~ts in the city and that a se~er project For the whole a~ea on the basis of t~o-thirds cost to the city and one-third cost to the property o~ners be considered. H~. Waldrop moved to refer the matter to the City Hanager For a study of the area~ ~lth a view o£ prepa~lng a sewer project to cover the entire area on an assessment basls~ and report hie recommendations to Council. The motion ~ae seconded by H~. Hanes and adopted. ~OLICE DE~ARTHI~T{ The City Haneger presented a report of the Police Department for the ~nth o~ DecaYer, The report was o~ered filed. Fl~ D~T~t The City Hanage~ reported that ~. Hu~ ~. Weld has been e~loyed as a membe~ off the Fire Depart~nt~ effective Japery 15~ 19~. ~e report ~as ordered filed. R~0~S OF CO~t CONSOLATION OF C~t N0~. ST~S A~ ~S~ O~ln~ce No. 1230], vacatl~, d~scontinut~ a~ closl~ a 20-froot rift-of-way bou~ed on the north by Hershberge~ Road~ on the south by a paper street designated as Wyoming Avenue and Block 2, Washl~ton Heights, on the west by a 1.33 acre lot designated on the L~d Book as T~ No. ~770~0~ and on the east by an O.8 acre tract designated on the L~ ~ok as Tax ~o. 2770~1, and being approximately 3~ feet wet of O~lbert Drive, havl~ previously been before Council for its first readi~, read and la~d over, was again before the ~dy for its second reading a~ final adoption. Hr. Webber moved to rafter the O~inance to the City Attorney For prepara- tion of an ~en~ent providing For the retention of easements by the city for utilities ~n the ri[hr-of-way being abandoned. The motion was seconded by ~. Hanes ~d adopted. GR~E CROSSIEGS: Council at its last reeler meeting on Japery 17, 19~, having directed the CXty Attorney to initiate a~ prosecute conde~ation proceedings to ac~lre From ~. Jacob L. Bre~e~ a parcel of 1~ needed for an underpass u~er the Jefferson Street Grade Crossing mid.nation Viaduct a~ Project, co~ecting Norfolk Avenue and Salem Avenue, S. E., the Ass~st~t City Attorney presented s~e; whereupon, ~. Waldrop offered the follo~l~ as m (~12~8) ~ ORDINANCE authorizing ~d directing that coMe--etlon p~ceedings be instituted to acquire, for ~d on behalf of the City of Roanoke, the unenc~ered fee sidle title to certain real estate situate In the City of Roanoke at the southeast intersection off Second St~et and Norfolk Avenue, S. to ~ used as a rl~t of way and fo~ street purposes; and providing for an emergency. (For full text off Ordinance, see Ordin~e Book No. 20, Page ~6.) Hr. Waldrop ~ved the adopt[on of the O~lnance. The motion was seco~ed by ~. You~ ~d adopted by the Following vote: ~S: Coup[1 me.ers Hanes, Waldrop~ Webber, Young~ a~ the President, ~. Woody ............................... NAYS: None ...................... O. (Council members Davies a~ Pickett absent) M~IONS A~ MISCELLA~OUS BUSIES: P~S A~ PLAYGROU~: ~. You~ stated t~t he has been observi.~ lng by children In the city streets a~ that n~erous accidents have occurred to children on streets noilly used for sle~lng d~lng the winter a~ that he feels it is up to the city to protect ~ese children, fu~the~ that he feels the best protection to the children would be to prep~e slel~lng ~eas In the parks a~y from the t~aFffic hazards on the streets ~ere edemata control could be maintained by the Department off Parks a~ Recreation. ~fter some discussion~ Ero ¥our~ moved to refer the matter to the City Hanager with lnstr~ctions to sur~ay the parks of the cit~ with a view of deter- minin~ where sleighins areas could be provided therein~ and that if aufficient slaishin~ areas could not be provided inthe parkew to ln?estigate the possibility of providin~ them on p~lvatc property to cupplemant those in thc parkaw and to report to Council at ira meetin~ on January 31, 19~o The ~otion was seconded by H~. Webber and adopted, There bein~ no further buainass~ Council adjourned, APPROVED 'i05 i06 COUNCIL, P~OUI~R HEETII~, Honday, Janusry 31, 19SS. The Council of the City of Roanoke met in regular meetin~ in the Council Chamber in the Municipal Building, Monday, January ]1, 19~5, at 2t00 olclock, p, mo, the regular meeting hour, with the President, Hr. ¥oody, presiding° PRF~ENT$ Council members Hanes, Pickett, Wald~op, ~ebber, Yours, and the President, Hr. Woody ..................... ABSENT~ Hr. Davies .............. OFFICES ~RESE~T: Hr. Arthur S. Owens, City Han~er, Hr. Randolph Whittle, City Attorney, Hr. Harry R. Yatee, City Auditor, and Hr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by Councilman Leigh B. Hanes, Jr. HINUTES: Copy of the minutes of the regular meeting held on January F~, 195~, having been Furnished each member of Council, upon motion Hr. Hanes, seconded by Hr. Young and adopted, the reading was dlspeneed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC SIDEWALK, CURB AND GUTTER COEiTRUCTION: An advertisement calling For sealed proposals For the construction of concrete sidewalk, curb and ~utter at various location~ in the City of Roanoke, to be submitted to the City Clerk prior to 1~:00 o~clock, noon, Honday, January ]l, 19~, and publicly received by Council at ~:00 o~clock, p. m., the City Clerk reported that he has received three bids in accordance with the advertisement and one bid ~hich was submitted after 1~:00 o~clock, noon, due to a mleunderstanding of time on the part of the bidder. In response to a question by Hr. Young, the City Clerk stated that none cf the bids has been opened or unsealed. Nm. Young moved to accept the proposal of the late bidder and to instruct the Clerk to open and read all of the bids. The motion was ~econded by Hr. Waldrop and adopted. The Clark then opened and read to Council the bids of Philip L. Baird, Carlton A. Crider, Draper Construction Company and Pioneer Construction Company, Incorporated. Hr. Your~ moved to refer the bids to a comr~tttee consistin~ of John L. Wentworth, n. Cletua Broyles and Raymond Eo Blllow For tabul~tion, study and report to Council. The motion uas seconded by Hr. Hanes and adopted. ACADEK~ OF}IUSIC: Council at its meeting of July ~, 1951, having referred to a Joint Auditorium Committee For study as to the availability of qualified persons and the cost of making a survey of the community's needs For a multipurpose auditorium to replace the Academy of Husic and to Furnish advice on the constructio! and operation o£ such a bulldir~, and by Resolution No. IIi?S, adopted on Au[rust ~0, 19~1, havlng authorized the City Hansger to employ the International Associa- tion of Auditorium Hanagers for the purpose of making a survey as to a municipal auditorium for the City of Roanoke, a report of which survey was submitted to Council st its meeting of January ?, 195~, and the Joint Auditorium Co~lttee under data of Oct,bar 19, 195~, having submitted a report to Council, reco~sndinH the construction of a theatre-type bulldin~, with psr~anent seats, modern illtminstlon, acouat[ca'andventilation~ with a seating capacity of from ],OOOto ~,500people, in thc 'southwest corner of Hl~ood Park, to be financedby a bond isaue,.which report wee taken under advisement fo~ atudy~ a~d the Join't Auditorl'um Committee under data of Hay 15, 1954, havins petitioned Council to authorize the holdir~ of a referendum for the purpose of Issuing $1,500,O00.00 In bonds durinH the fall of 19b'1S for the purpose of financing the construction of a civic auditorium, aa previously recommended, Dr. Ho Go Gill, Chairman, and members of the Joint Auditorium Committee appeared before Council, at which tim~ Dr. Gill stated that he had been advised that Council would consider the bond issue for a municipal auditorium alon~ with an expected request for the issuance of bonds for the constrvction of new ach,,la, Dr. Gill stating that he feels that Council should n~t wait on the'schools bond issue request, but should act on the recommendation of the Joint'AuditorlumCommittee as quickly as possible'so that the question of issuing bonds therefor can be placed before the freeholders at an early date, preferably at the November General Election to be held this year. Hessrs. H. Carl Andrews, W. B. Carter, James A. T~rner, O. Frank Clement, gamuel S. Hoore, Gibson Horrissey~ Her~ry B. Boynton, John H. Fallwell and Hiss Bertha W. Starritt appeared in support of the request made by Dr. Gill. A~ter some discussion, Hr. ~ebber moved to refer the request to a committee consisting of Hessrs. Arthur S. Owens, Handolph G. ~hittle, Harry S. Yates, ~alter L. Young and Leig~ B. Hanes, Jr., for study and report to Council as soon as possible. The motion was seconded by Hr. ~aldrop and adopted. PETITIONS AND CO~MUNICATIONS: CIT~ JAIL: The City Clerk presented reports on the inspection of the police locku~ and the city Jail made January 11. 1955, by the Department of ~elfare and Institutions of the Commonwealth, the report on the city Jail lng that the niches in rear walls of cells be replaced with straight steel plate and that sanitary fixtures of modern vitreous china prison-type be installed; also, that the floor at the second tier level of cells be carried out to the building walls to effect segregation between prisoners in first and second tiers. H~. Waldrop moved to file the reports and to instruct the City Clerk to advise the Director of the Division of Corrections, State Department of ~elfare and Institutions, that the city has provided in its 1955 budget for the constructi of a floor between the two tiers of cells in the city Jail. The motion was seconde by Hr. Hanes and adopted. ~EFU~DS AND REBATES-~ICE~ES: A'communication from the Co~missioner cf ~evenue, recommending that W. H. Bannister who has operated a pool room and restaurant at ll Norfolk Avenue, S. E., for a ntu~er of years and who has paid only one-half of his 1954 license tax by reason of having to discontinue business a~'that location because of the erection of the Jefferson Street Grade Crossing Elimination Viaduct and Project be relieved from payment of his second half of said license amounting to $21~.87, was before Council. Hr. Webber moved to deny the request. The motion was seconded by Hr. Young and adopted. '108 S?ADIUH AD¥ISORY COHHITTEN~ A co~unication from the Director of Parks and Recreation, advialns that the Stadium A~visory Co~ttee met on 27, 19~, a~ electe~ the ~ollo~i~ officers~ Clyde Cocke, Chai~n~ H. Lawson, J~., V~ce ~al~n~ a~ ~. P. Hunter, Secreta~ ~as beffore Council. The c~nication was filed. REPO~8 OF STR~ LIO~St The City ~na~eP presented a repo~t~ reco~ending installation o~ t~elve additional street li~ts at various locations ~lthin the cety. ~. Hanes ~ved to concur ~n the recc~n~ation of the City Hanager offfered the ffollo~lng Resolutiont (~1~09) A R~0L~ION authorizing the lnst~lation off street l~ghta at various locations In the City o~ Roanoke. (PoP Full text oF Resolution, see Ordinance ~ok NO. ~0, Pa~e ~. Hanee moved the adoption of the Re~olution. The ~tion ~as seconded by H~. ~ald~p a~ adopted by the follo~n~ vote~ A~S: Council me.ers Ha~, Pickett, ~aldrop, ~ebbe~, Young, and the President, ~. ~oody .................. NAYS: None .................... O. (~. Davies absent) B~-P~S A~ P~YGBOU~S~ Council at Its meetl~ oF January ~, 1~, ha~ln~ requested the City Hanager to ~urvey the city parks to dateline the feasibility of~establl~hin~ sleigh riding tracks there~n ~d to report his reco~ndation~, t~e City Hanage~ reported that a survey has been ~de by the Departmeot of Parks and Recreation'~hich indicates that sixteen sleigh riding tracks can be e~tabllshed on v~lous c[ty-o~ned prope~ties t~ou~hout the city, permittin~.the dl~contl~ance of ~leighin~ on the c~ty ~treets, a~ that to carry out the program ~lll necessitate the appvop~lation off ~. Young moved to concur In the ~port oF the City Hansger and offered the follo~ng emergency Ordin~ce~ (~1~10) AN O~DINANCE to amend a~ reordain gection ~111, ~ecreat[onal Areasu, oF the 1~5~ Appropriation Omdin~ce, and providing fop an (Po~ full text of Ordina~e, see Ordinance Book No. ~0, Pa~e ~. Young moved the adoption oF the Ordinance. The ~tion ~a~ ~econded by Hr. ~ald~op a~ adopted by the following vote~ A~ Council me~er~ H~es, Pickett, ~aldrop, Webber~ Young, and the Pres[dent, Hr. ~oody ..................... NAYS~ None ....................... O. (~; Day,es absent) PA~S A~ PLAYGROU~S~ The C~ty Hana~er ~eported that the contract oF the p~e~ent concessionaire at Rockledge I~ has expired ~d that the co~e~sio~aire has offffered to rene~ said contract For one year, hut that the City Attorney has advised that readvertisl~ ~ll[ be necessary, and~ thereffore, requested authority to advertise for b~ds for a ney concessionaire at Rockled~e Hr. ~ebbeP moved to co.uP ~n the ~equest oF the 6~ty Hanager a~ to direct the C~ty Attor~y to prepare ~he proper Resolution autho~lzt~ such advertisement. ~e ~t[on ~as seconded bye. Hanes ~d adopted. I09" DEPARTHENT OF PARK~ &ND RECREATIOR: ?he City Nanager submitted a written report from the Department of Parka and Recreation for the month of December, 19~ · Th~ report van ordered filed. DEP~i~TM~J~T OF PUBLIC IfF~ARE: Tho City Manager submitted a written report from the Department of Public Welfare for the month of December, 191~4, showing 1,597 cases handled at · total cost of $79,233.?O, as compared with 1,577 cases handled at a total cost of $78,915.28 for the month of December, 1953. The report wae ordered filed. DEPARTHEh~ O? PUBLIC WEKPARE: The City Hanager submitted ~itten reports, covering the expenditures and activities of the Department of Public Welfare during the raonth of December, 1954, in coapliance with Sections 63-67.1 and 63-67.2, Code of Virginia. The reports were ordered filed. PURCHASE OP PROPERTY-STORH DRAINS: Council at its meeting of January 10, 1955, having received a report free the City Planning Commission, recommending the purchase of Lots 25 and 26, Pleming Court, to be used as a seepage area for storm water, which recommendation was referred to the City Manager to obtain a price for the purchase of the two lots, study the matter and make a recommendation to Council, the City Manager reported that he has conferred with the owners of the property, Mr. C. H. Webster and Mr. Joseph Cobs, who a~e unwilling to m~ke an offfer to the city, but have given their personal assurance that before any disposition of the property or any change in its status ia made the City'of Roanoke will be so advised, and recommended t~at pending this decision the matter be held in abeyance. Mr. Hanes moved to concur in the report Of the City Manager. The motion seconded by Hrs. Pickett and adopted. BUDGET-DEPARTI~F_ET OP PUBLIC WORKS= The City Managem reported that the 19~5 budget carries an appropriation of ~250.OO for a type~riter for the Engineering Department, but that the Director of Public Works has advised him that due to the peculiar type of work and reports in that office an electric typewriter would .be more efficient and econ&mlcal, and requested an appropriation of $200.00 to permit the purchase of such a typewriter. l~. Webber moved to concur in the report of the City Manager and offered the following emergency Ordinance: (~12311) AN ORDINANCE to amend and recrdain Section #1~3, "Departmental Equipment and Improvements", of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Book ~o. 20, Page 349.) ' Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Hr. Hanes and adopted by the following-vote: AY~: Council members Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .................... 6. NAYS: None ....... ~ .............. O. (Mr. Davies absent) BUDGET-CLERK OP COURTS: The City Manager advised that the premium-on personnel bonds in the office of the Clerk of Courts la $22.11 in excess of the amount appropriated therefor in the 1955 budget and requested an appropriation for this deficit. Air Force be offered · tract or lued approximately four. ecres ie tree et the MuaioipatAlrport~oa which to OOlstrect Il Air Reserve Center under a lense for · term of twenty-five reefs ulth el option of ten leers utthe'rute of $1,00 per leer asd preseeted c Resolution which it recommeededbe'edopted, Mr. Waldrop moved to concur in the report of the committee end offered the f,Il,ming Resolution: (u12374) A RESOLUTION Indicating the City*s wlllJugsess to lease certain land ut the Municipal Airport to the United States Government for U, S. Air Force purposes; nad providing for aa emergency, (For full text o[ gesolutfoc, see Ordinance Book No. 20, Page 417.) RT. Waldrop u,red the adoption of the'Resolution. The motion mas seconded by Mrs. Piekett end adopted by the f,Il,afar vote: AYES: Council members Davies. Hanes. Pickett, Waldrop. Webber, Young. and the President. Hr. Moody .................. T. NAYS: None ........................ O. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12366. rezoning certain properties in a tract of land hounded on the north by Orange Avenue, N. E., on the east by Twentieth Street, N. E., and Wayland Street, on the south by the south corporate limits and on the west by Timber Creek, from General Residence District to Light Industrial District, having previously been before Council for its first reading, read and laid over, was again before the body, Mrs. Pickett offering the following for its second reading and final nd,pti,n: (g12366) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke. Virginia, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 20, Page 414.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr, Davies and adopted by the following vote: AYES: Council members ,aries, Hanes. Pickett, Waldrop. Webber, T,nag, and the President, Mr. Woody~ ................. NAYS: None ........................ O. ZONING: Ordinance NO. 1236T, rezoning property located on Lots ~0 and 11, Section 16, according to the West End Land Company Map, fronting on the north side of Campbell Avenue, S. #., between Thirteenth Street and Fourteenth Street. from General Residence District to Special Residence District, having previously been before Council for its first reading, read and laid over. was again before the body, Rr~ Hanes offering the folloming for its second reading and final adoption: (~1236T) AN ORDINANCE to amend and re-enact Article I, Sectiodil, of Chapter 51 of the Code of the City of Roanoke, relating to Zoning. (For full text of Ordinance, see Ordinance Book No. 20, Page 415.) Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by Mr. Darien and adopted by the following rote: AYES:Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .... ~ .............. NAYS: None ......................... O. 110 ~o ~eldvop ~ved to concur in the request of the City Hane~er end offered the followin~ emergency 0rdlnance~ (~12312) AN ORDINANCE to emend and reordein 5action ~29~ "Clerk of Courte", of the 19~ Appropriation O~dinence~ and providing for an emergency° (Fo~ full text of O~dinance~ see O~dinance Book No. 20, Pa~e H~o Weldrop ~oved the adoption of the Ordinance, The motion Yes eeconded by Hr. Webbe~ and adopted by the follouing voter AYES= Council members Eanes,.Pickett~ Waldrop, Webber, Young, and the President, Pu-. Woody ......................... 6o . NAYSr None ........................... 0. (H~. Davies absent) BUDGET-BOARD OF ~UA~IZATIONc The City Hans,,er presented a cor~unication from the Chairman of the ~oard of Equallzation~ advising that due to the large number of complaints Filed by citizens it rill be lnposeible fo~ the Board to revie~ the co~laints and take action thereon without the extension of the tl~e it had planned to cease operations and that an appropriation of $~aSlO,CO will be necessary to pay the expenses of the Board throu~ February ~l~ 19~ ~hich appropr~ation the City Hamster recommended. Hro Youn~ moved to concur in the reco~endation of the City Hana~er end offered the followin~ emergency Ordinance: [~l~]l~) AN C~DINANCE to a~end end reordeim Section ~ nBoard of Real Estate Assessors~, of the 19~ Appropriation 0rdinance~ and providln~ for an (For full text of Ordinance, see O~dinance Book No. ~0, Pa~e Hr. Young moved the adoption of the Ordinance. The motion was seconded by H~. Hanes and adopted by the followin~ voter AYES: Council members He,es, Pickett, Waldrop~ Webber, Young, and t~e i President, Hr. Woody ......................... NAYS: None ........................... O° (Hr. Davies absent) REPORTS OF COM~ITTEESr .NONE. U~INISHED BUSINESS: PENSIONS-CLE~K OF COUHTSr The Clerk of Courts under date of Januar~ 19~, havin~ advised Council that due to illness and his absence from the office It is his request that Council extend the service of his First Assistant~ Hr. WllliemH. Cart, who is due for compulsory retirement at the see of sixty-five on February 9, 195~, which request ~as referred to the Board of Trustees of the Employees* Hetirement System fo~ study and recommendation, the Board of Trustees reported that after due consideration It feels that if such an extermlon of time is made the Hesolutlon ~rantln~ It should contain a clause statln~ that in so doin it does not set a pmecedent and that a time limit of s~x months be contained therein. Hr. Hanes moved to concur in the report of the Board of T~ustees and of Fere~ the followin~ Resolution: (~i~]I~} A RESOLUTION temporarily extendln~ the retirement of WlllismB. Cart; and provtdin~ for an emergency. {For Full text of Resolution, see Ordinance Book No. 20, PaEe 3~0.) Hr. Hanes moved the adoption of the Resolution. The motion was Seconded by Hr. Weldrop and adopted by the followin~ vote: AgESt Council me~be~a ~anes, Flckett~ Yaldrop~ Ysbber~ ~oung, end the Prsaident~ Hr, ~oody .......... ~ ....... NAYS~ Rono .................... O. (~. Davies absent} CORSIDF~IATIO~ OF C~I~: ~0~. I~RODU~[O~ A~ CO~SID~ATIO~ OF O~IRANC~ ~ R~OL~IONSI ST~8 ~ A~SI O~ln~ce ~o. 1~303, vacati~, dllcontinui~ md eloli~ · ?O-foot ~i[ht-of-~ly housed on the noPth by He~shbe~ge~ Road~ on the south by a papep at~eet deaisnated as ~yo~i~ Ave~e a~ Block P~ ~ashin&ton '~eighta~ on the ~est by a 1.33 acre lot designated on the La~ Book aa Tax ~770~0~, a~ on the east by an 0.8 acre tract designated on the La~ ~ok as T~ So. ~770~01, a~ being approximately 300 feet ~eat off Oil~rt Dulve~ having been before Council at its meeting o~ January ?h, 19~, for its seco~ reading, a~ ~efferred to the City Attorney fo~ preparation of a~ ame~ment providing Ton the ~etention of a perpetual easement acroms the right-of-way set out therein public utilities, ~as again before the body. ~u. ~ebbe~ stated that the ~end~nta to the original O~lnanee ~e ~erous that he Feels the o~lginal Ordinance ~hould be voted do~n and a ne~ O~inance introduced instead; he, therefore, offered the Follo~ln& Ordin~ce ~o~ its second readi~ to clea~ the record: (~1~303) AN O~INAECE, vacating, discontinuing a~ closl~ a T~enty foot right-of-way housed on the north by the Herahberge~ Road, on the south by a pape~ street designated as ~yomin& Avenue a~ Block 2, Maahl~ton HeiFhta, on the ~eat by 1.~3 acre lot designated on the Land Book aa Tax No. ~770h0~, th~ east hr O.8 acre tract des~&nated on the La~ Book aa Tax ~o. ~FTO~l, being a right-of-way t~enty (?0) feet ~lde ~80.~ Feet long on the side and ~9~.67 on its easterly side, and bein~ approximately ~OO feet ~est gilbert D~lve, all ~lthin the City of Roanoke, Virginia. (For full text of Ordinance, see Council ~inutes of January 17, ~. ~ebber moved the adoption of the O~Inance. ~e motion ~as seco~ed by Mr. Rald~op and lost b~ the Following vote: A~S: None .............[ ............ NAYS: Council member~ Hanes, Pickett, Vald~p, ~ebbe~, Young, a~ the P~eaident, Hr. ~oody ........................ 6. (~. Davies absent) ~. Mebbeu then moved that the following Ordinance be placed upon its first needle: (~1~31~) AM ORDINAN~, vacatl~, discontinuing a~ closing a T~enty ~oot road rl~ht-off-~a7 housed on the No~th by the He~shbergeu Road, N. ~., on the &outh by a pape~ s~reet designated as ~oming Avenue, R. ~., and Block ?, ~ashl~ton Heights, on the ~est by.l.33 ac~e lot designated on the City's Tax Appraisal ~t No. 2770~O~, a~ on the ~ast by O.8 acre tract designated on the Tax Appraisal ~ap as ~t No. 2770~01, being a rlght-of.~ay twenty (PO) feet ~lde feet long on the ~esterly side a~ ~7.67 feet on its easterly side, a~ bel~ ap~rozlmately ~00 feet ~eat of Gilbert D~lve, all ~lthin the City of Roanoke, Virginia. ~ F~a~ g. Fayne, ~r. and ~yra S. Fayne~ his ~lfe, and george Taylo~ have heretofore filed a petition before the City Council, in accord~ce law, requesting Council to vacate, discontinue a~ close a twenty foot road right-of-way housed on the North by the ~ershberge~ Road, ~. ~., on the Zo~th 112 by a paper street designated as Wyoming Avenue, M. W., Block 2, Washington Heights, and on the West by a i.]] acr~ tract designated on the Tax Appraisal Hap as Lot No. 277020S, and on the East by 0.6 acre t[act designated on the Tax ~pp~aisal ~ap as Lot No. 2?70501, being a road ~lght-~f-way twenty (~0) feet wide and feet long on the westerly side and ~97,67 fee~ on its easterly side, and being located approximately 300 feet west of Gilbert Drive, all within the City of Roanoke, Yirginia, and as to the filing of said petition due notice was given to the public as required by law; and WHEREAS, in accordance with the said petition, viewers were appointed by Council to view the property and to report, in writing,'what inconvenience, if any, would result from,vacating, discontinuing and closing the road right-of-way above referred to; and WHEREAS, it appears from the report, in writing, filed by said viewers under date of December 8. 19~4, with the City Clerk, together with the affidavit of said viewers, and a written reco~endation of the Planning Core,lesion to the City Council, made under date of December 2, 19~4, that no Inconvenience would result either to any individaul or to the public from vacating, disconti~uing and closing the said road right-of-way above described, to which report of viewers no exceptions have been filed; and W~EA$, after due notice published in the Roanoke World News, a local newspaper of general circulation, on the 31st day of December, 19~, directed to any person interested in t~e vacating, discontinuing, and closing Of a twenty foot road right-of-way as set forth above, a public hearing was held before the Council of the City of Roanoke at 2 o!clock, p. m., on January 17, 195~, at which hearlng no one appeared and offered objection as to why the aforesaid right-of-way should not be vacated, discontinued ~nd closed; and WHEREAS, in the opinion of the Council of the City of Roanoke, the vacatin discontinuing, and closing of said twenty foot road right-of-way as set forth herein'would result in no inconvenience to any individual or to the public; and WHEREAS, the petitio~ers have agreed to bear and defray the costs and expenses incident to the closing of the said street. TH'EREFORE, BE IT 0RDAINEDby [he Council of the City of Roanoke, that that certain twenty (~0) foot road right-of-way bounded on the North by the Rershberger Road, N. W., on the South by a ~aper street designated as Wyoming Avenue, N. and Block 2, Washington Heights, on the West by 1.33 acre lot designated on the Tax Appraisal Map as Lot No. 2770~0~, and on the East by 0.8 acre tract designated on the Tax Appraisal Hap as Lot No. 2770501, and being a road right-of-way twenty (~0) feet wide and ~80.95 feet long on the westerly side and 49?.67 feet on its easterly side, and being located approximately 300 feet West of Gilbert Drive, all within the City of Roanoke, Virginia, be and the same is hereby permanently vacated discontinued and closed; and that all right', title and interest of the City of Hoahoke and of the public therein is hereby released insofar as the Council is so empowered to do; provided, however, that the said City of Roanoke reserves unto itself therein a perpetual eaaenent for a right-of-way for any sewer lines, water mains or other public utilities that may now or hereafter be located within or across said former twenty (20) foot ~oad right-of-way, together with the right of ingress and egress for the'construction, maintenance or repair of such line or line ~ BE IT FORTHER ORDAINED that the City Ensineer be, and he is hereby, directet to ~ark 'Permanently Yacated~ Discontinued~ and Closedm the said road rl~htoof-way above referred to on all maps and plata on file in the Office of the City Enslneer of the City of Roanoke, Virginia, on which said maps a~d plate said road right-off- way ia shown, referring to the book and pa~e of Resolutions and Ordinances of the Council wherein this Ordinance shall be spread. ~E IT FURTR~ O~DAIh~ED that the ~lerk of this Council deliver to the Clerk of the Hustings Court of the City of Roanoke, Virginia, an attested copy of this Ordinance in o~der that said Clerk may make proper notation on all ~aps or plats on file in his said office upon~hich are shown the said road right-of-way herein per~anently vacated~ discontinued~ and closed as provided by law. The motion was seconded by H~. Waldrop and adopted by the followin$ vote~ AYF~: Council members Ranes~ Pickett, Waldrop, Hebber, Young, and the ~President, Hr. Heady ................ ~. NAYS~ None .................. Oo (N~. Davies absent) HOU$IRG-~T~TS AI/D ALL~FFS= The City Clerk presented Resolution No. ~0~ adopted by the City of Roanoke Redevelopment and Rouain~ Authoritiy on January R6, 19~, stating that it is the des[re to, and the Authority does, dedicate to the City of Roanoke, the strips, streets, alleys and utility strips as provided in a deed from said Authority to the City of Roanoke dated the R6th day of January, 1955, and approved as to form and execution by the City Attorney, which dedication is provided for under the terms of the Cooperation A~reement between the City of Roanoke Redevelopment and Housinc Authority and the City of Roanoke dated Janaury 30, 1950, and requesting the Council of the City of Roanoke to accept the dedication of such strips~ streets, alleys and utility strips. Hi% Webber moved that Council concur in the request of the City of Roanoke Redevelopment and Housing Authority and that the following Ordinance be placed upon its first rsading~ (~1~316) AN ORDINANCE scceptin~ a deed from the City of Hoanoke Hedevelopo merit and Housing Authority dedicatin~ to the City of Rear. ks certain strips, etreet~ alleys and utility strips in and adjoining Lan~downe Park and Lincoln Terrace. ~HI/HEAS, a~reeable to the Cooperation Agreement between City of Roanoke Redevelopment and Housing Authority and the City of Roanoke, bearin~ date the 31st day of January, 1~50, the City of Roanoke Redevelopment and ~ousint Authority adopt- ed its Resolution No. 80, authorizing the execution and delivery of a deed dedicatin to the City of Roanoke certain strips, streets, alleys and utility strips in and ad~oinlng Lansdowne Park and Lincoln Terrace, and this day presented such deed to this Council and requested the Councll to accept the delivery thereof; and ~F~, the said descriptions contained in said deed have been approved by the City En~lnee~ and the for~ and execution thereof have been approved by the City Attorney and the City is obligated, pursuant to the provlslons Of the aforementioned Cooperation Agreement~ to accept the same. THEREFORE, BE IT OItDAIKEDby the Council of the City of Roanoke that the deed dated the ~Sth day o£ January, ~, by and between City o£ Roanoke Redevelop- ment and Housing Authority, Orantor,- and the City of Roanoke, Grantee~ this day presented to Council, be, and the same is hereby, ACCEPTED for and on behalf of the City of Roanoke~ and the City Clerk is hereby directed to cause the same to be admitted to record in the Clerkle Office of the Hustings Court of the City of Roanoke, Virginia. The motion was seconded by Hr. Young and adopted by the following vote= At-~: Council members Hanes, Pickett, Waldrop, Webber, Young, and the President, Hr. Woody ...................... NAYS= Nons ........................ O, (Hr, Davies absent) SEWE~ A~E~S~TS~ Council, by Resolution No. 11683, adopted on tho 12th day of January, 19~3, having established the estimated amounts of assessments sgain: abuttingproperty owners for the construction of a sewer in the Idlewlld-Ken~od and Lilly View (Jackson Park) areas of the city, such sewer having subsequently been constructed and the proper amounts o~ the final assessments against said property owners having been determined, ~r. Young offered the following Resolution: (~12317) A RF~OLUTION establishing the amounts finally assessed against, apportioned to or fixed by agreement on the p~rcele of land de~cribed No. 11683, resulting from the construction of sanitary sewers in portions of ~ublic ways in the Idlewlld-Kenwood and Lilly View (Jackson Park) areas of the City, therein named; directing tho City Clerk to transmit a copy of this resolution to the Clerk of Hustings Court of the City; directing the last-mentioned Clerk to amend the records in his office to show the amounts as herein finally established~ and providing for an emergency. (For full text of Resolution, see Ordinance Book No. ~0, Page 3~1.) Rt. Young moved the adoption of the Resolution. The motion was seconded by Hr. Hsnes and adopted by the following voter AI~: Council members Hanes, Pickett, Waldrop, Webber,. Young, and the President, Hr. Woody .................... 6. NAYS: None ...................... O. -(Hr. Davies absent) SEWER ASSESSMENTS: Council, by Resolution No. 118~2, adopted on the 15th day of June, 19~3, having established the estimated amounts of assessments against abutting property owners for the construction of a sewer in the Lincoln Court area of the city, such sewer having subsequently been constructed and the proper amounts of the final assessments against said property owners having been determined, Mr. Weldrop offered the following Resolution: (~12318) A RESOLLVF. ION establishing the amounts finally assessed against, apportioned to or fixed by agreement on the parcels of land described in Resolution Ho. 11842, resulting from the construction of sanitary sewers in portions of public ways in the Lincoln Court area of the City, therein named; directing the City Clerk to transmit a copy of this resolution to the Clerk of Hustings Court of the City; directing the last-mentioned Clerk to amend the records in his office to show the amounts as herein finally established; and providing for an emergency. (FOr full text 6f Resolution, see Ordinance Rook No. 20, Page 353.) Mr. Waldrop moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .......................... 6. NAYS: None ............................ O. (Hr. Davles absent) WATER DEPARTJ~NT~ The City Mana~e~ advised Council that the site of the abandoned booster pumplr~ station in 5harwood Forest at tho southeast co~no~ of ~ottlfl~h~Road and Yellow~ountafn Road, ~. ~., la o~ed by the C~stal ~p~l~ La~ Co.any, vhich coapany also has an easement right 'In tho location o~ the Fo~e~ Sherwood FoPest Water Reservol~ a~ a lO-foot easement across the cityta park land to said ~eservol~ site~ and that the City off Roa~ke ov~ an easement ten feet ~lde alon~ t~e co.on boundary line o~ ~ts ~ a~ 3; Block C~ Hap of Sherwood Forest, the Clt7 Hana~e~ advl81~ ~rther that the Crystal Sp~l~ Commas7 has offered to convey to the city its interest In both plots In considers* ties of the city conveyl~ to said compan7 its interest in the lO*foot alo~ the bou~ary line of Lot8 ~ a~ 3, Block C~ Hap of Sherwood Forest, a~ race.ended that such an exchange be effffected. Hr~ Webber ~ved that Council concur In the reco~e~etion of the City Hanager and that t~e Following O~lnance be placed upon its first reading~ (~1~319) AN O~INANCE authorizing the acquisition In fee of a small lot or parcel of land situate at the southeast corner of Nottinzhmm Road a~Yellow Hountain Road, ~. E.; the acquisition of certain rights In another small lot o~ parcel of la~ situate l~ediatel~ east of Block 3, according to the Hap of Fores~; a~ authorizing the execution of a deed of release a~ q~t claim In a certain 10-foot wide strip of 1a~ extending along the co=~n boundary line of ~ts P a~ 3 of said land map From the east line of Robin Hood Road to the east l~ne of Block C of said la~ ~p. ~S, each of the small lots or parcels of le~ herelnabove described were, at o~ t~me, used l~ co.action with the public water d~stribution ~ystem of the City but such use, ~n more recent times, has bee~ d~sconti~ed By the City because of the installation and operation of the Crystal Spr[~ Booster ~EAS, C~stal ~prlng La~ Co.any has offered to convey to the City fee the entire of the small lot or parcel of l~d situate at the southeast corner of the intersection of Nottingh~ a~ Yellow Hountain Roads, S. E., on which was ffo~merly located a pu~ house and booster p~ping equipment end, Further. has offered to release, quit claim and convey all right, title and ~nterest the said Crystal Spr~ng La. Company may have or claim to have [~ the 30 X~foot reservoir site a~ In the lO-foot wide strip of land co~ecting said reservoir s~te with the easterly bou~ary l~ne of Block C, acco~ding to tbs Hap of Sherwood Forest. all for a nominal consideration of O~ ~AR, (~1.O0), cash, a~ the execution a~ delive~ by t~e City o~ Roanoke of e deed quit claimt~, releasing and conveyl~ to Crystal Spring La~ Company any r~ght, title ~ interest ~lch said City have by virtue of a certain prior deed ~n e certain lOofoot wide s~rlp of land extending alo~ the co~on bou~a~ line of Lots 2 a~ 3, Block C, Sherwood Fores~ from the east line of Robin Hood Road, S. E.. to the east bo~nda~ line of Block iC~of said l~d map. T~ORE, BE IT ORDAI~by the Council of the City o~ Ro~oke ~at the Jproper City Officials be, and they are hereby author[zed ~d directed to accept, from C~stal Spr~n~ L~d Co~a~. a~ reco~ a deed conveying to the City In ~ee simple but w~tho~t w~r~ty the Following described lot or parcel o~ la~. to-wit: 1-16 BEOINNINO at a lead hub in the gutter at the coutheaet corne~ of the intersection of Rot- tlnghamRoad and Yellow Mountain Road, Bo thence, S. '19· 261 ~5s E. 20.0 feet to a point; thence, R.-?Oe 53' 1~" B. 33.0 feet; thence, R. 19° 26' ~" W. ~8.~9 feet to a point on thc cast. line of Nottins~a~Road, S. E.; thence, along the east line of said Road, S. 29s ~5e W. ~3.60 feet to the place of BEGINNING: Being shown in detail as a portion of Block E on the Hap of Sherwood ForectJ said deed, Further, to release, quit claim and convey to the City all right, title and interest the said Land Company may have or claim to have in the following described lot or parcel of land, to-wit: BEGIh'~IR~ at a point on the east boundary line of Block C, according to the Hap of Sher- wood Forest, which said beginning point ia situate the following courses and distances from the southeast corner of the intersection of Robln Rood Road and Alan-A-Dale Road, S. E., to-wit: S. 19° ~ W. 52.2? feet to a P. C. Stone; thence, along an arc of · curve to the right whose radius is 173.52 feet an arc distance of 29.87 Feet; thence, leaving Robin Hood ~oad and ~lth a line through the southerly portion of Lot Block C, S. SO° OO~ E. 200.0 Feet, more or less, to a point on the easterly boundary line of Block C of said land map, the actual place of Beglnnieng; thence, from said actual beginning point, S. 60 00 73.~5 Feet to a pointJ thence, S. ~0e OO~ W. 60,0 Feet to a point; thence, R. 60° 00' W. 30.0 Feet to a polnt~ thence, R. 30e O0~-E. 50.0 feet to a point; thence, N. 60° OO~ W. 2].~ feet to a point on the east boundary line of Block C, according to the Hap of Sherwood Forest; thence, along said boundary line, N. 32· 0~ E. 5.0 feet, more or less, to a point, corner to Lots 2 and 3; thence, R. ~1° 30t E. 5.0 Feet to the actual place of BEGINNING: Being all what was formerly designated and used as the SherWood Forest Water Reservoir, together with a 10-Foot wide strip of land connecting said reservoir site with Block C, according to the ~ap of Sherwood Forest; said deed to be in such form as is prepared and approved by the City AttOrney and/or the Assistant City Attorney and to recite a consideration of ONE DOLLAR, (~1.00), cash, and other good and valuable considerations. BE IT FURTHER ORDAINED that, upon delivery to the City of the deed of Crystal Spring Land Company above-mentioned, the proper City Officials are hereby authorized and directed to execute and deliver, on behalf of'the City, to Crystal Spring Land Company a deed upon such Form aa is prepared and approved by the City Attorney and/or the Assistant City Attorney ~hereby said City will release, relinquish and Forever quit claim to said Crystal Spring Land Company all right, title and interest which said City may have had or may claim to have by virtue of that certain deed From Crystal Spring Land Company to Roanoke Water Works Company, dated July 21, 1928, of record in the Clerk's OFFice of the Hustings Court of the City of Roanoke, Virginia, in Deed Book 529, page 312, In the following described strip of land lying along the common boundary line of Lots and 3, Block C, according to the Map of Sherwood Forest, to-wit: BEGINNING at a point on the east line of Robin Hood Road, S. E., ~hich said be~inning point is located the Following two (2} courses and distances From the southeast corne~ off the intersection of Robin Hood Road and Alan-A- Dale Road, to-wit: S. 19~ ~5~ W. ~2.27 Feet to a P. C. Stone and thence along an arc of a curve to the right whose radius is 173.~2 Feet, an arc distance of 29.87 feet to the actual place of beginning; thence, from said actual place of beginning, S. 60 200.0 feet, more or less, to a point on the east line Lot 2; thence, along said line and the easterly boundary line of Block C, Sherwood Forest, S. ~1° 30~ W. ~.O Feet, more or less, to a point, corner to Lots 2 and thence, continuing along the easterly boundary line Block C and th~ easterly line of Lot 3, 5.0 feet, more~r less, to a point; thence, i'i7 200°0 feet, more or lass, to a point on the east line of ~obin Rood Road; thence, aloha the east line of said Road, & curve to 2he left, the radius of which curve is feet, an arc distance of 10.O feet, more or less, to the actual place of BEOINNING~ Beir~ all of that certain 10-foot wide strip of land located equally cmL or ~ and Lot 3, Block C, accordin~ to the Hap of Sherwood Forest, which was embraced withln the description of the "First Parcel', aa described in a certain deed from Cr~stal Sprir~. Land Company to Roanoke ~ater ~orka Company, dated July 21, 1978, of recor~l in the Clerkte Office of the Hustings Court of the City of Roanoke in Deed Book page the a~oreeaid Strip comprisir~ the westerly portion of the 'First Parcel' of l~nd described in the deed next herainabove mentlonedl auld City's deed of release to be upon a nominal consideration of Oh3EDOL~AR, {$1°C0), cash, end other ~aluahle considerations° · The motion was seconded by ~ro ~aldrop and adopted by the following vote: AFF~ Council members Hanes, Pickett, ~aldrop, ~ebber, Young, and the President, Hr. ~oody ....................... NA¥S~ None ......................... Oo (H~. Davies absent) A~ORY: The A~-mory Committee consisting of ~es~rs. Roy L. Webber, ~alter L. YounE, Arthur S. Owens, H. Cletus Broylea and Samuel J. Ltlht, heretofore. appointed by Council, submitted a written report of the city~ obllEation end the cost thereof for Furnishln~s, equipment and construction beyond the distance of five feet from the bulldin~ proper et the new National Gua~ Armor-y, showing an estimated cost of $30,780.P0. H~s. Pickett moved to concur in the report of the committee and offered the followin~ ~esolution: (~1~3~0) A B~SOLUTION approvin~ the Armory Committee's report; authorizing the proper C~ty officials to do the necessary to effectuate it; authorizin8 the payment of the required funds~ and providing for an emergency. (For full text of Nesolutton, see Ordinance Book No. 20, Page Hrs. Pickett moved the adoption of the ~esolution. The motion wes seconded by H~. Hanes and adopted by the follo~ln~ vote: AYF~: Council members Hanes, Pickett, Waldrop, ~ebber, YounE, and the President, Hr. Woody ...................... NAYS= None ........................ O. (Hr° Davies absent} In this connection, Hr. Webber, Chairman of the Armory Committee, stated that the Armory Committee feels a collates should be appointed to arrange for the dedication of the new Armory upon its completion. H~. Waldrop then offered the following ~esolutlon, providing for the appointment of an A~mory Dedication Com~mtttee: (~123~1) A ~F~0LUTION appointin~ a committee to make necessary sr~ange- monte for the proper dedication of the Hoanoke National Guard Armory. (For ~ull text of Resolution, see Ordinance Book No. ~0, PsEe H~. Waldrop moved the adoption of the ~esolution. The motion was seconded by Hi-. Hanes and adopted by the following vote= AY~St Council members Hanes, Plckett, Waldrop, Webbe~, Young, end the President, Hr. Woody ......................... NAYS: None ........................... O. (~r. Davies absent} At thls point, the ~ayor presented a letter from Hr. Steve Brody, to the Clty of Roanoke for use at the new National Guard Armory a United States Flag of proper size to be flown from the flag pole to be erected in front of the seid Armory. Hr. ¥oun~ ~oved to accept the flag £rom~, Brody a~d to direct the City Clerk to acknowledge the gift and express Councilts appreciation therefor. The motion wes seconded by Hr. Webber and adopted. HOTIORS AND ~ISCELLAI/~OU$ BUSINE~S~ BUDgET-CITY S~G~ ~o City Clerk presented to Cou~ll appeal From the decision o~ the Compensation ~d, filed In the office of the Clerk off the Hustings Court on the ~th day off Janu~y~ 19~ by Hr. ~za~ L. ~ln~tead, City Ser~eant~ 8~ advised Council that ~. ~Jnstead has requented that this notice be brought to lt~ attention for its l~o~ation, ~e notice ~a~ ordered Filed. HOUSIN6: ~. ~aldrop presented an a~ticle From The Roanoke Times ~anuary ]0, 19~, dealing ~lth the rehabilitation OF he.es In ~uisiana, vhich he requested be entered into the record, as e~ ORLEANS REPAIRS 3,OOO OLD HOUSES ~HINGT~N, Jan. 22 (AP) ~ A mpokesman fey ~e~ O~lean~ ~oday reported ~ha~ In than a year the cl~y b~ou~t about a In the rehabilitation of 3,000 rundown d~ell- ln~ units. This was sccomplished~ We=dun H. Das~e told the Build ~evica Be~te~ Councll~ by vigorous u~y inspection a~ f~rm men~ of dwe111nE unl~ laws In ~ust two nelEhbovhoods. Da~e, ass~s~ chief of the division on hous~nE improvement and sl~ prevention, =epo~ted to the council tha~ city's neiEhborhood rehabilita~ion pvo~v~ was s~arted las~ April a~ that by the end of Decembe~ 3,000 units we~e bvouEht the p~oE~. And of the 3,~0 units~ he said, 1,~ of them were ~ehabilitated to the point that all ~lolations had been eliminated. He told the council, meetl~he~e In conjunction with a mee~l~ of the National Ass'ociation of Heal Estate Boa~ds~ that New Orleans has an estinated ~5,000 dwellin~ un~%s In need of vepal~ and that the expects to bv~nE about ~he rehabilitation of 5,000 additional unita this ~ere heine no ob~ection, the ~ticle was o~eved Filed. There bel~ no run,heP buslness~ Council adjourned. APPHOVED COUNCIL, RF~ULAN ~ING~ Konday, Februaw 7, 19~. The Council o~ the City off Roanoke mst in regular meetins in the council Chamber in the Municipal Building, Monday, Februar~ 7, 19~, at 2~00 o~clock, p. m., the regular meeting hour, with the President, Hr. Woody, presid~n~. P~F~E1Cf: Council members Davies, ~anes, Pickett, ~aldrop, Vebbe~, Young, and the Preaident, H~. ~oody .................. ABS~ None .......................... O. O~ICE~ FRFSE~ ~. ~thur S. Owenm, City ~na~e~, ~. ~andolph ~lttle, City Attorney, ~v. He,my R. Yates, City Auditor, a~ ~v. J. Robert Tho~s, City Clerk. The meeting was opened with a praye~ by the Revere~ Aaron D. Smith, Pastor of Villa Heights Methodist Church. ~I~ES: Copy of the minutes of the re~l~v meetinE held on Honday, 31, 19~, havin~ been furnished each member of Council, upon motion o~ seco~ed by ~.. Youn~ and adopted, the re,ding was dispensed with and the minutes approved as ~eco~ed. ~.~ING OF CITIZENS UPON PUBLIC DEPA~T~ OF PA~KS A~ RECREATION: Miss Juanita J. Hodson, Supervlso~ of Playgrounds a~ Co.unity Centers fo~ the Department of Pa~./s a~ appeaeed befoPe Council a~d pvesen%ed membevs of the body, as well as oFfic~als of the city, with favors made b~ the chlldven of the Grandin Couv~ Co~uni~ Cen~e~ P~ITiONS A~ CO~NICATIONS: ROANO~ ~UBLIC LIBHA~: The City Clerk presented a co~unica%ion from the Pvesiden~ of the Roanoke ~blic Llbvapy BoaPd, %vans~l%tinE the 33rd ~nual Rep~ of the Roanoke ~ublic Library Syatem co~evl~ the yea~ 195~. ~e vepoP~ was filed. PENSIONS: A co~unicatton fvo~ the ~a~d of Trustees of the ~ployee~' Rettve~en~ Syste~, tvansmit~lnE'a cop~ of the Seventh A~ual Repov~ of the Investment Portfolio of ~he Employees' Hetivement S~stem, was pFesented b~ the City Clerk. The co~nlcmtlon and report were ordered C~led. CLAI~-OR~ CMOMSIN~S: A co,unicef[on f~om M~. Morton Hone~an, fo~ the Unlted Pawn Shop, presenting a claim aMainst the City of Roanoke for $~00.00, the ~ount of the rent for the month of April, 19~b, on the property forme~l~ rented by the Unlted Pawn ~hop from the Etnlnfem Heirs, which property wss sequired by the City of Ho~noke for the Jefferson Street O~ade ~limination Viaduct and Project rlMht-of-way, the claim be~ based un ~e all~Ea~lon that the City of Moanoke o~ered the United Ma~ Shop to vacate the premises thirty days prior to the d~te agreed upon between the Clty of Moanoke snd the B. M. Nln~nger Estate, was beFo~e Council. Mr. Hanes moved to refer the matter to the City Manager m~ the Attorney rom study and report to Council. ~ motion was seconded b7 Mr. Webber 'and adopted. 1-20 STREET LICHTS~ The City Clerk presented a communication from the Appalachia llectric Power Co~pany~ advisin~ that it has installed eight 2~00 lumen street lights at varlons locations in the City of Roanoke dnrin~ the month of Janus~y~ The con~unicatlon was ordered filed. CO~LAI~SoSHOKE CO~ROLt A petition from residents o~ the Wasena section, adv~s~n~ that they have been bothered by smoke, ~oot a~ ash comin~ From the Roanoke ~ood~o~k~n~ Company es plant and reqvestin~ that the City off Roa~ke take action to alleviate the condition,. ~as presented to Council. ~. Hanes moved to refer the m~tter to the C~ty HanaFer fo~ a report. The motion was eeco~ed by ~. Waldrop and adopted. ~OBTS OP OFFICES: FIRE D~ART~t Council at its meeting of Decem~e~ ~0,'19~ havin~ referred to the C~ty Manager for consideration and reco~endation the question of an ~pectlon program on fire escapes In the city, he repo~ted that afte~ a careful analysis of the existing laws It Is his reco~endation that the City Attorney ~e directed to prepare an appropriate amendment to the Fire Code, charginf the Fire Department w~th the responsibility of lnspectl~ fire escapes a~ reportin dangerous conditions and violations to the Building Inspector and making It the duty of the B~ldlng Inspector to have such danger abated. ~r. Webber moved to concur in the report of the City Manager and refer the matter to the City Attorney for preparation of a proper O~lnance, and that after such an Ordinance has been presented to Council, a public hearing on the matte~ be held.. ~e motion was seco~ed by Hr. Hanes and adopted. ~TH DEP~T~: The City Hanager presented a co~unication from the Vocational Hehabilitation Service of the ~tate Department of Education, offering to rent space In the basement of the Health Center bulldl~ at a rental of ~75.00 per month, provided the city will enclose the area with partitions and install the necessary doors, li[hts, etc., the City Hanager advising that the cost of preparint the space for rental would be approximately $1,893.35. ~. Webber moved to take the matter u~er consideration for one week. The ~otion was ~econded by Hr. Waldrop ~d adopted. ~L~ DEPART~h~: A request of the Hoanoke ~ard of Health that the city establish a fifty cent fee for the issuance of copies of birth and death certi- ficates by the Health Department having previously been referred to the City H~ager for study and reco~endation, he submitted a written report, advisl~ that he l~ sympathetic vlth the work of the Health Board and appreciates its views, but that he ~st express to Council his belief that the ~1,500.~0 total income recei~ed for this service Is negligible in ratio to the total budget. H~. Young moved to concur In the request of the Board of Health and refer the matter to the City Attorney for preparation of an O~Inance, establishing a fee of fifty cents each for the issuance cf copies of birth a~ death certificates by the Health Department, and that some reasonable provision be made In the Ordinance to waive the fee for indigents, s~bJect to the approval of the City Hanager or ~ls authorized agent. The motion was seco~ed by Hr. Hanes and adopted. REPORTS: The City Manager submitted reports from the Departmen[ of Build- l~s, the Electrical Department, the Fire Department, the City Harket a~ the Purchasing Department for the month of ~anuary, 1~55; also, the A~ual ~eport for the Department of Parks and Recreation for !9~. 121 The reports ~era ordered filed. REPORTS OF C0~J~.ITTEES: U~iNISH~ SID~AI~, CURB A~ GWT~ CON~TRU~ION~ Council at its meetin~ oF January ]1, 19~, havl~ received bide For the construction oF concrete eidewalk~ curb a~ ~tte~ at variou~ locations in the city ~or 19~, ~lch bide ~ere referred to Hassle. ~ohn L. ~ent~o~th, H. Cletus BroTles s~ ~ay~ E. Fillo~ ffo~ tabulation and report, the co~lttee subnltted a re~ort, sho~ln~ t~e bid oF Carlton A, in the amount of ~,190.00, a~ lo~ bid, a~ advisin~ that the bid~ ~ere properly presented and fou~ to be In accordance ~ith the call fo~ bids. H~. Hanes ~oved to accept the report oF the co~lttee a~ oFFered the follo~l~ He~olution: {~1~2) A H~SOL~ION acceptl~ the propoasl of Carlton A. Cride~ Chatham, lir!~is, for the construction of concrete s~de~alk a~ concrete curb and ~tte~ at various locations In the City of Ho~noke In the total sm~ of authorizin~ and directin~ the City Hana~ev to execute the requisite contract~ a~ pro~ldl~ ~o~ an emerFency. ~AS, a committee composed of H~. ~ohn L. ~ent~ovth, Director of Fublic ~ork~, ~. H. Cletu~ Bvoyles, City Engineer, and Hr. Haymond E. ~tllo~, Assistant City Engineer, npon the request of the Council oF the City of Hoanoke, ha~ t~bulate bids heretofore received for the con~truction of concrete ~lde~alk and concrete curb and ~uttev a~ vav[ou~ location~ In the Cl~y of Hoanoke, a~ ~AS, It appeara From ~a[d tabulation that the bid oF Carlton A. Crider, ~atha~, Vir~lnia, In the total sum of ~5,1~.00~ Is the lo. est and be~t bid received For the conat~uction of concrete sidewalk and concrete curb and at various locations In the City oF Hoanoke, a~ ~HE~, this Council l~ of the opinion that the p~po~al oF Carlton CrIdev~ Chatham, Virfinia~ ~hould be accepted and that a contract for the p~ect ~hould be so a~a~ded to Hr. C~lde~ and ~S~ ~o~ the preservation of the public ~aFety, an emerEency l~ clared to exist. T~OHE, ~ IT HESOL~ by the Council oF the City of Hoanoke as Follower Section 1. ~at the bid oF Carlton A. Cride~, Chatham, Vlr~lnla, for the ccn~tructlon of concrete sidewalk and concrete curb and ~tter at various locatlon~ In the City oF Hoanoke, Is heveb~ dete~Ined and declared to be the best bid therefov~ and that a contract For said project be forthwith executed in the sum of ~5,190.00. Section ~. That ~thue ~. ~en:~ City ~na~ev~ be, and he Is hereby ~utho~lzed and directed, ~ov and on behalf oC the Clty of Hoanoke, to execute the contract he~ln provlded foe. Section 3. That, ~ emergency exl~tinE~ thl~ Be~olutlon shall be effect fvo~ its He. Hane~ ~oved the adoption of the Besolution. ~e motion was seco~ed by ~. Davies and adopted by the follo~l~ vote: ~: Council ~e=be=s Davies, Hanes, Pickett, ~aidvop, ~ebbe~, Y~un~, a~ the ~resident, Hr. ~oody ..................... ~AYS: None ........................... O. '122 JUVENILE DE~EI~IO~ HOME; Council at ~ts meatins of November ~ 19~ havin~ been advised by the Judge of the Juvenile and Domestic Relations Court that the State Department o~ ~el~are and Institutions intended to discontinue the use the cityts detention home as a study center flor children co~ltte~ to the State' Boa~ oF'~elffare and Institutions and said Jud~e h~vin~ sub,eared that the counties svrroundl~ Roanoke ~i~ht ~se the detention ho~e fo~ holdin~ thel~ children pendin~ ad~udicat~on of thel~ cases, ~hich m~tte~ ~as referred to the City Hana~e~ and the Judge o~ ~he Juvenile a~ Domestic Relations Court to take the matter up ~lth the counties sur~u~ln~ Roanoke end re~ort thel~ F~nd~s to Council, the City Ha~a~e~ a~ the Judge o~ the Juvenile and'Domestic Relatio~ Court ~vbm[tted their report, trsnsmittins a copy oF a contract ~n ~se by the City of Ne~ort News In contracting with its s~rou~l~ polit~cal subdivisions for takin~ ca~e oF their ~uvenlles at the City of Rewport New~ Detention Home~ a report of the City Audlto~ showing that the cost of ope~atl~ the detention home fo~ the ~ear 19~ was $3~,3~3.8~, o~ $~.30 per day ~er child, and that afte~ refunds of costs from the state, the net cost to the city was $9,608.80, or a net cost per day of $1.~7 pep child~ a letter from the Director oF the of ~elfare and Institutions of the Co=onwealth of Vl~lnia, adv~sinF that parents received by the city from surrou~InE political subdivisions fo~ ~uvenlles lodged in the City of Roanoke Detention Home would not be deductible from the state,s re[~uPsement fop food and equipment expenses which a~e paid ~n full the state, the co~ttee adv~sinE that a survey b~ correspo~ence a~ personal contact with various officials at Bedford, Botetourt, F~a~l~n, Floyd, Montgomery~ Roanoke a~ Hen~ Counties, and the City of Martinsvllle, ~nd~cates tha~ these political subdiv~s[ons are interested Xn us~nE Roanoke's Juvenile Detention Home fop children no.ally de,mined In county p~lsons and other places of incarceration, provided a sat~sfacto~ oP reasonable Pate can be offered per diem by the City of ~osnoke, and that such pol~tical subdivisions have signified ~helP [ntentlon to enteP ~nto a con,Pact fo~ this service, if made available. The C~ty ManageP adv~s[~ that a Pate of ~2.O0 pep child pep day would cover the c~ty~s cost and ~s ~greeable to the pol~t~cal s~bd~vts~ons contacted, Mrs. P~cke~% m~ved to concu~ in the report a~ direct the C~ty Attorney %o prepare a Resolution, authoP[z~g such contracts at the ~ate of $~.00 pep day pep child. The motion was seconded by MP. Webber and adopted. AIRPORT: Council at its meeting of Au~st 10, 19~, having r.ferred to a com~ttee consist~ of Councilman Roy L. WebbeF, ~. ArthuP S. ~ens and Harry R. Yates a ~eco~endation from the City ManaEe~ ~n which he ~uggested a certain progr~ of improvements at the Roanoke Municipal A~mport, the co.tree repoPted that It has analyzed the various needs of the Airport ~d has to set up an orderly ~ethod for the accompl~s~ent of the work that should be done oveP %he next fXve to seven years to pePm~t the city to maintain ~ts facilities and to prepare by pla~inE %o meet the needs of the future a~ reco~ended that Council, by appropriate Resolution, authorize the acceptance of the report and concur In the proposals of the co.tree on a f~ve-yeaP extension )lan with sufficient latitude to acco~l~sh ~he woPk ~n seven ye~s should ~nsnces or u~oremeeable conditions p~event its sccomplisP~ent ~n the prescribed f[ve-yea~ pePlod, and that the p~opos~ls as outlined fop the yea~ 1955 be accepted and sn appropPiate Resolution adopted authoP~zing the proper offic~als to proceed 123 with securing the neceseal~yagreementa for the progra~min~, acquisition of property, contact!n~ the Civil Asroneutice Administration arid arran~lnF the appropriate le~el steps to expedite the ~ork. The committee further presented t~oHe~olutions which had been prepared in accordance ~lth its report. Hr. Waldrop moved to concur in the report of the co~ulttee and offered the ~ollo~lng Resolution~ (~1212J} I ~F~O~I0~ conditionally a~tro~l~ the Proposed ~u~lclpsl Airport Development Pro~ra~{ en~eratin~ the coMltions upon ~hich said progr~ Is appvoved{ authorizl~ the prope~ City officials to do the necessary preliminary york to effectuate s~ld P~Era~ and providl~ fov an emeu6ency. (For full text of Resolution, see Ordinance ~ok ~o, ~O, Fags Hr. ~aldrop moved the adoption of the Resolution. The motion ~as seco~ed by Hr. Davie~ and adopted by the follo~inl vote: AY~ Council members Davies, Hanes, Pickett, Valdrop, ~ebbeu, YounF, and the President, Hr. ~oody ................. NAYS: None ....................... ~. ~alduop then offered the F~llo~lu~ Resolution ~lth reference to the 1955 portion of the Propo~edHunicipal Alvport Development (~1232h) A RESOL~ION authomizlng the City HanaEeu to execute a~ submit to the Civil Aeronautcl~ A&~lnlstvation ~quislte project applicatlon~ to erfectuat the 195~ portion of the Proposed Hunicipal Alrpout Development FroErm~; to execute and ~ccept Grant offers ~ade by the Oover~ent pursuant to such appllcatlon~{ and providinE for a~ emeuFency. (For full text of Re~olution, see Ordinance Book No. SO, ~a6e ~. ~aldrop moved the adoption of the Re~olution. The aotion vas seco~ed by Fw. Dsvtas a~ adopted by the following vote: AYe: Council members Davies, Hanes, Flckett, ~aldrop, ~ebbe~, Young, and ~he ~resldent, H~. ~oody ..................... HAYS: None ........................... O. referred to a co~lttee conststinE of Messrs. Arthu~ S. ~ens, Cnairman, Walter L. YounE, Leith B. Kanes, J~., Harry ~. Yate~ a~ ~a~olph G. ~hlttle a ~equest of the Joint Auditorium Cox~lttee that the body authorize s ~ond issue In the ~ount of $1,500,000.00 for the cons~ructlon of a civic auditorium in the southwest corne~ of El~ood Pa~k to replace the Acsde~ of Music, the comittee reported that it Is its reco~endatlon that a $1,500,00.00 bo~lssue be submitted to the freeholdev~ fo~ their decision at the Novenbe~ General Election, and that Councll accepts this reco~endatlon, then it Is the reco~e~ation of the co=ittee that It be authorized to consult with all local a~chitectuval to obtain f~ them proposals ~or prepa~lng the necessary preliminary study, plans and sketches and a ~ve accurate estimate of the cost fo~ the Peasons that froa l~o~ation now available the committee doubts that an auditorium of the type veco=ended to seat three thousa~ people can be built for $1,~00,000.00 and because the co~lttee believes that the voters should have full i~o~ation as to the size and type of bulldin~ proposed a~ ~ome idea of how It will look before castinE thei~ ballots for oP azainst the proposal. ~', Davies ~oved to refer the matter back to the co~lttee for further stud ar~l report~ The motion was seconded by Hr, Waldrop and adopted, CONSIDRR&TION OF CLAINS: NONE.. I~RODU~ION t~ CONSIDERATION OP O~INA~ A~ STR~S A~ A~Si Ordinance No. lZ315, vacatl~ discontl~i~ a~ closl~ a a0-foot road ~l~t-of-wmy housed on ~e north b~ ~ershberEe~ ~oad, on the south by a paper street deslznated as~ominE Avenue, N. ~., ~ashln;ton Heights, on the west by 1.3] acre lot designated as Oiflclsl P770~0~ a~ on the east by 0.8 acre tract desiE~ted as Official ~o. and bei~ approxl=ately 300 feet ~est of Gilbert D~lve, havl~ previously been before Council for its first readl~, read a~ laid ove~, ~ss again before the body~ ~. ~aldrop offerln~ the follo~lni for its ~econd reading and final adoptionl (~la]lS) AN O~DINI~CE, vscatlni, dl~continuin; aM closinf a ~enty foot road rlFht-of-~ay bou~ed on the North by the He~shbe~;ev Hoad~ N. y.~ on the Bouth by a paper street designated as ~yc~ Avenue, H. ~., a~ Block ~ashin;ton Height;, on the ~e~t by 1.33 acre lot deslEnated on the City% Tax Appraisal Hap as Lot ~o. ~770~0~, and on the Eavt by 0.8 acre tract de~lFnated on the Tax Appraisal Hap as Lot No. 2770501, bel~ a ~lFht-of-~ay t~enty (~0) feet ~tde h50.95 feet lonf on the ve~terly ~lte and h97.67 Feet on its easterly · ld~, and beini approximately 300 Feet ~est of Gilbert Drive, all ~i~ln the City of Roanoke, ~Iriinia, (For full text of Ordinance~ see O~lnance Book No. aO~ Page Hr. ~aldrop moved the adoption of the Ordinance. The motion vis seconded by H~. Young and adopted by the follo~lni vote: AYES: Council ~mbers Davies, Hanes, Pickett, Waldrop, Webber, Young, a~ the President, Hr. Woody ..................... NAYS: None ........................... O. HOUSING-ST~S A~ ALL.S= Ordinance No. 1~316, accepting a deed from the City of Roanoke Redevelopment and ~ousing Authority dedicating to the City of Roanoke certain strips, streets, alleys and utility strips In a~ adjoining Lansdowne Park a~ Lincoln Terrace, having previously been before Council for its first readi~, read and laid over, was a~ain before the body, Hr. You~ offering the Following for its second reading and final adoption: (~12316) AN ORDINANCE accepting a deed from the C~ty of Hoanoke Redevelop- ment and Housing Authority dedicatin~ to the City of Hoa~ke certain strips, streets, alleys and utility strips In a~ adJo~ni~ Lansdowne Park and Lincoln (For full text of Ordinance, see O~lnance Book No. 20, Page 360.) Hr. You~ moved the adoption of the Ordinance. The motion was seco~ed by Hr. Webber and adopted by the following vote: A~: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, a~ the President, Hr. Woody ....................... NAYS: None ............................. O. WA~ DEF~T~: Ordinance No. 1~319, authorizing the acquisition In fee of a small lot or parcel of la~ situate at the southeast corner of Nottingham 'Hoad a~ Yellow ~ountain Hoad, ~. E.; the acquisition of certain rights In another small lot or parcel o£ land situate immediately east o£ Block 3~' accordinz to the Hap of 8harwood Forest; and authorizing the execution of a deed of release and quit claim in a certain lO-foot wide strip of land extendin~ alon~ the cor~on boundary line of Lots 2 and 3 of said land mapfrom the east line of Robin Hood Road to the east line o£ Block C of said land map~ havin8 previously been before Council for its first reading, read and laid over, was a~ain before the body, Hr. Waldrop offerln~ the Followin~ for its second readln~ and Final adoptlon~ (~1~319) AN ORDINANCE authorizing the acquisition in fee of a small lot or parcel of land situate at the southeast corner of Nottin~ham Road and Yellow Hountain Road, S. E.; the acquisition of certain rl£hts in another small lot or parcel of land situate lm~ediately east of Block 3, according to the Hap of Sher- wood Forest; and authorl~n~the e~ecution of a deed o£relaase and quit claim in a certain lO-foot wide strip of land extendin~ alon~ the carlson boundary line of Lots 2 and 3 of said land map fro~ the east llne of Robin Hood Road to the east line of Block C of said land map. (For full text of Ordinance, see Ordinance Book No. ~0, Page Hr. Wa]drop moved the adoption of the Ordinance. The motion was seconded by Hr. Davies and adopted by the followln6 vote= AYES= Council members Davies, Banes~ Flckett~ Waldrop, Webber~ YonnF, and the President, Rt. Woody ............... NAYS= None ..................... PARKS A~i) PLAYOROUNDS: The City ~anager havinF reported to Council at its meeting of January 31,19~5, that the concession contract for Rockled~a Inn held by Hr. John L. Godwin has expired, and having requested authority to advertise for a new concession contract for Roc~ledge Inn, at which time Council directed the City Attorney to prepare a Re~olution authorizin~ such advertl=ement, the City Manager advised that afte~ looking into the matter further he has discovered that the previous advertieeme~t for bids on this contract was made on two occasions, calllnE for bids on November ~, 19~, and a~ain on November 16, 19~3, on neither of Which dates was a bid received, and that the original conditions of the advertisement called for a contract for a period of one year with the privilege of renewing said contract for two additional years, the City Hana~e~ further edvisin~ that subsequent to ~uch advertisement he ~as authorized by Council to ne~otlate the lease and received an offer from ~. John L. Godwin to enter into a contract for such concession at a yieldo£ ten p~r cent of the 6ross sales to the city, ~hich offer was approved by Council and a contract entered into in consequence of such ne~otiation, the City ~anaaer further advisln~ that the said John L. Godwin has satisfactorily conducted the concession rights under the said contract and that the City Attorney has advised him that the extension uf such contract ia le~al; he~ therefore, presented an Ordinance autho~lzing the extension of Mr. Godwin's contract, which he recommended that Council adopt. H~. Webber moved that Council concur in the recommendation of the City Manager and that the followin~ Ordinance be placed upon its first reading= (~1P~25) AN ORDINANCE authorizin~ the City Manager to extend the Rockledge Inn concession contract for a period not to exceed t~o years. MHERgAs, the Council did heretofore direct public advertisement for sealed proposals to be received in the Office of the City Purchasing Agent, in the Hunicipal Building, until 2 oSclock po m., November Ynd, 19~3, £oP concession rl£hts et Rockledge Inn fop a ~er~od of one year, with the privilege of renewing For two additional yearm, at which time no proposals were received fop such con° cession rights, and at its Pe.~ular meeting of that date Council directed the City Hanager to peadvertiae FoP such proposals, to be opened on November 16th~ at ? o~clock Po m.~ in the City Purchasing Agents ~f£1ce~ at which time also no proposals were received{ and WHEREA$~ thereafter the City Hanager received an offer, from Hr. John L. Godwin For the ~rlvlle~e of operatlnE the ~oncession rights at Hockledge Inn, at a yield to the City of 10~ on the gross sales for the 195h season, which offer w~s approved by Council and, by its Ordinance Rs. 17093, adopted on the l~th day of April, 19~4, authorized and directed the City Hanager to enter into a proper contract in the premises; and Wi.~EREAS, the City Manager has reported that the said John L. Oodwin conducted his concession rights at the Rockledge Inn, under such contract, which expired on Decenber 31~t, 195~, in a manner thoroughly acceptable to his office and has recently requested that said contract be extended to December 31st, 1955. THEREFORE, PE IT O.NI~Alh~D by the Council of the City of Roanoke that the City ~sna~er be, and he is hereby, authorized to extend the contract between the City and the said John L. Godwin, for concession privileges at Rockledge Inn and authorized by Ordinance Ho. 12093, to the 31st day o£ December, 1955: and, in event the said John L. Godwin should desire a further annual extension, that the City ~aneger be, and he is hereby, authorized, in his discretion, to grant such further extension. The motion was seconded by Hr. Davies and adopted by the relieving vote: Ak'E~S: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Hr. Woody .................... 7. NAYS~ None .......................... O. NOTIONS Ah]O EISCE[LAL~OU$ BU$1NESS~ HE~TH DEPART.~.L~-S~OEE COntROL: The City Clerk reported that ~r. John H. Thompson and Ylr. Eugene $. Brown, members of the Housing and Hygl'ene Board, and Hr. Carroll O. Traylor, member of the Advisory and Appeal Board, Air Pollution Control, have properly qnalified for office. The City Clerk further reported that a vacancy on the Advisory and Appeal Board, Air Pollution Control, exists by reason of the death of Hr. Raymond R. Nlller v'hose term of of Ctce expires December 31, 19~?. There being no further business, Council adjourned. APPROVED AT · .... COUNCIL, REOULAR HEETINO, Monday, February'IL, 1955. The Council of the City of Roanoke ~t in re/mlar meeting in the Council Chambe~ in the Hunicipal Building, Honday, Februar~y IL, 19S5, at ~00 o'clock, po m.~ the regular ~eeting hour, with the Preeident, Hr. Woody, presidln~o PRF~}~ Council members Davles~ Hanes~ Pickett, ~ald~op, ~eb~er, YounF, a~ the Pre~ldent~ ~r. ~oody ...................... ABS~ None .............................. O. O~ICERS PRF~EBT: [~. Ha~olph O. ~ittle, City Attorney, M~. Hav~y R. Yates. City Auditor a~ Actin~ City Hanage~, a~ H~. J. Robert Tho~a~, City Clerk. The meeting ~a~ opened ~lth a ~rayer by the ~everend J. L. Ayres~ Associate ~asto~ of ~lmont Hethodist Church. HI~ES~ Copy of the minutes of the re~ula~ ~eettn~ held on He.ay, Februa~ 7, ~3~ havi~ been Furnished each aeaber of Co.nell, u~on aotlo~ of ~r. Davies, seceded by ~. Hane~ a~ adopted, the readtn~ ea~ dispensed ~lth and the minutes approved as receded. ~RING OF CITIZENS ~U0~ ~UBLIC ZONING: A request from Home Dealers, Incorporated, that its located on the south s~de of Cove Rood, N. W., west o~ L~fsyette Boulevard, described as L~t.lO, Block 15, V~lla He~ght~ M~p, O~clal No. ~;~50101, be rezoned f~om Gen~al Residence Distv~ct to Pus[ness District, havinu been presented to Council at its meet~nE of November 15, 19~, and vefer~ed to the City Co~ss~on fo~ study ar~veco~endation, and said Co~ission undeP date of January 6, 1955~ having reported that there Is no need rom add~tional bus,ness In show that the residential ne[Fhborhood generally would Be benefited by the ~e- zon[nE, Fu~the~ that In the opinion of the Ce~sslon the petittone~ will suffeP no undue ha~sh[p If said propevt~ Is not vezoned, ~d the Co~ission havin~ reco~ended that the petition be den~ed, s~ H~. J. Samuel Sheve~tz, Attorney fop Home Dealers~ Incorporated, having appeared before Council at its meeting oC Ja~a~y 10, 1955, and requested that a Fubtic heaving be held on the question, which tl~e the body set a publ[c'hea~[nE fo~ 2:00 o'clock, p. n., February 1955, in the Council ChambeP, notice o~ which hea~in~ wa~ publlahed in The Roanoke .WoPld-News on January ~R, 19~5, and no pe~son appeav~ ~oP o~ aFainst the' proposal F~2. Pickett ~oved to concuv in the ~eco~e~ation of the City Planning Commission a~ den~ the ~equest of the pettt[oneP. The motion was acceded by M~. YounE and adopted. Pv~side~ Ho~e Deale~s~ IncoppoPated~ appeared before Council fo~ the petftione~ and were informed by the Mayo~ of the action taken by Council. My. Sheme~tz. advised Council that he and Me. Waid hsd been unavoidably deta[ned and~ould appPealate bein~ hea~ on %he quest[on. ~. Hanes then me,ed to reconside~ the vote on the question of ~ezoninc the p=ope~ty of Hoae Dealers, Incorporated, s= contafne~ in i~s Pequest and Five th~ petitioner an oppomtun[ty to be hea~. The motion was seconded by M~. Davies an~ adopted. 1'27 i28 Hr. Sherartz than statad that in the hearln~ bafora the City PlanninF Co..-~lealon only one objection was lodged to rezoning the property In quastion and that by Hr. Jo Co Su~.~era, owner of the property l~mediately adJecent to the ~roperty of Homa Dealera, Incorporated, on tha west, and that Hr. Summera' ob- Jection was based upon hie dwelling bein~ close to his east property lina a~ consequently In close proxl~t~ to the site on '~hich it l~ proposed to erect a flllin~ ~tation, ~. Sherertz statin~ fuvthe~ that P~. 5~er~ ha~ subsequently authorized him to l~ov~ Council that hl~ ob~ection has been ~lthdra~n and that If Council ~avorably conside~s the rezoninE oF the property oC Hone Dealcrs~ Incorporated~ It Is Hr. ~u~eva* intent to ~ub~equently reqveat rezoni~ of his o~n property from General Residence Dlst~ct to Business Dl~trict~ H~. Sherertz fuvthe~ advlsl~ Council that the p~party l~=ediately east to that of Homa Dealer~, Incovporated~ and pvoJect~n~ avound the c~rve into Lafayette Boulevard, is already toned for business and c~tal~ a store, an abandoned filling station a~ a sandwich ~hop, that the property of Home Dealers, ~ncorporated, is ~00 feet deep and ideally sul~ed to business purposes, stating further that a snrvey of the area indicates that thls Is the'most logical location for a business center for the co.unity and that If a business center is established a~ this point it will ~erve a large co.unity which Is rapidly building u~ as a residential area end prevent subsequent spot zoning to ~ake care of necessary business facilit tea for the said community. Hr. Wald then s~ated that he has been aUvlsed by ~he City Planning Co~missio~ that future plans call for the widening of Cove Road to a width of seventy feet with a wide radius curve ln~o Lafayette Bouleva~ and that he has advised the City Engineer that he will donate ~he necessary strip across the front of his property to meet the City's plan of such widening, Hr. Maid statl~ further that in his opinion the developmsnt of this corner as a business center would be to the advantage of the residential property owners In the community. Hr. Young then polnte~ out that the property of Home Dealers, Incorporated, proposed for rezoning to business, added ~o that adjacent property already sorted for business, ~ould not be of sufficient acreage to accoEodate a community business center, and asked If ~. Maid has made any attest ~o secure the coopera- tion of adjacent property owners In such a project, ~o ~'htrh Hr. Maid replied that he has nc~ had an o~portuni~y to discuss the question with adjacent pro9er~y o~ers. Hr. Webber then moved to concur in the reco~endat!on of the Cl~y Planning Co~mlsslon and deny the request of Home Dealers, Incorporated, for rezoning of its property to a Business District and tc advise Hr. Maid that It ts the consensus of Council that the property in question ~'ould be insufficient in size to provide f~ a shopping center for the co.unity a~ suggest to him that he contact the adjoining property owners with a'view of filing a request for rezonl~ on a larger tract sufficient in size ~o provide for such a business center. The motion was seconded by Hrs. Pickett and adopted. WAT~ DEP~T~I~: Council having previously authorized the ~lty Hanager to ~dvertise For bids for restoration of s~reets and sidewalks occasioned by ~he operations of the Mater Department, to be received by the City Clerk until 1~:00 o'clock, noon, February 1~, 1955, the City Clerk reported he has received the bide of John A. Hall and Company end Ade-~s Construction Companyj uhich bide uere opened and read to Council. Hr. Davies moved to refer the bids to Hecate. Arthur 5. Owens, Charles Hoers and Rudolph R. Hess for tabulation and report to Council. The motion vas seconded by ~. Hanes and adopted. TUBERCt~0SIS S&NA?0RII~H: In connection with Resolution Re. 19295, adopted by Council on the 3rd day o£ January, 195~ which Resolution stated that this Council hereby expresses lie present intent to close and discontinue uein~ Tuberculosis Sanatorium, as an institution for treatin~ tuberculoslsj ae O£ June 30, 19~, Dr. Hack I. Sha~holtz, Co~miesloner o£ Health of the Cox~or~ealth ¥1rFlnia, appeared before the body and stated that the Com~or~ealth recognizes that the tuberculosis problem is a state responsibility and because of a shortage of beds in the vsPlous state sanatoria has subsidized local sanatoria or hospitals in the treatment of tubercular patients to the extent of paying tho total coat per patient day for non-resident patients in the local hospitals or sanatoria and ninety cents per day fey local residents In the said aanatorla or hospitals, that the state now has enough beds for white patients in its sanatoria and consequently will not pay any subsidy to localltiea for said white patients in the f~ture, but that the state will continue to subsidize local sanatoria for negro patients either on the s~e basis as the past subsidy or by paying to the locallty the same rate per patient day as the cost to the Co.~znon~ealth at Piedmont Sanatorium which is presently approximstcly $5.90 per day, and that the Com~ormeslth will continue to Day such subsidy only so long as the state does not have sufficient beds for negro patients in the state sanatoria, Dr. Shanholtz estimattn~ that the state will have sufficient beds for negro patients at tho end of approximately eighteen ~onths when the ne~ state sanatorium at Hlchmond, ¥1rilnia, is expected to be completed, H~. Webber asked would the state consider operating the Hoanoke Tuberculcsl: Sanatomlum asa state institution If the city ~ould rent the said sanatorium to the state st $1o00 per year. Dr. Shanholtz replled that that might be a poesibillty, but that the state would rather subsidize the operation of the sanatorium, pointinF out that it would b~ dlfflcult to transfer the clty~s e~ployoea to the state p~¥rolls by reason of the difference in classification rcquire~ents, pay scales and pension benefits~ as well as the possibility of closing the sanatorium at the end of eighteen months, Dr. Shanholtz further advisinE that he exFeet$ to ha~e all white patients out of the Roanoke Tube~culosis Sanatorlmn by July 1, 1955. Hr. Young pointed out that the rate of ~.90 per patient day at Piedmont Sanatorium is on the basis of a lares hospital operation~ whereas the present rate at the Roanoke Tuberculosis Sanatorium is hither because of it betr~ a small operation, and that pa¥tn~ the city a subsidy on the basis of the lar~ar operation appea~s dt~crlminatory aEainst thc city, and that to take the alternate subsidy from the state where the city would pay approximately $5.h0 per patient day for all patients in the Roanoke Tuberculosis Sanatorium and receive a subsidy from the state of one hundred per cent of patients who are non-residents of the city and ninety cents per patient day for patients ~%o are residents of the city ~ould constitute an even ~reate~ discrimination. 130' Dr. Shanholtz replied that un. er a ruling of the state's Attorney General he cannot pay any other subsidies than those outlined, stating Further that it is the intent of the Co~onwealth to discontinue the payment of an7 subsidies ae sosn aa the state is able to provide sufficient beds at its own sanatoria. Dr. Fred F. 0asr, Medical Director of tbs Roanoke Tuberculosis BanatoriUm, advised Council that 1F the body accepts the state's proposal to subsidize the operation of the Roanoke Tuberculosis Senatorl~ by the payment of $%.90 per patient day for all patients in the sanatorl~u it w~ll no lo.er be possible to put the city's o~n patients in the sanator~ at w~ll, but rather they ~11 have to be placed on the state-wide waiting list, stating Furthe~ that he feels desirable to arrive at an early conclusXon to the matter s~nce h~s staff getting restless because of the Fast that Counc[l h~s only appropriated fu~s to o~erate the sanatomlun until July 1, 1955. D~. George B. L~wson apFeare~ before Council and requested that an early dec[sion be made in the m~tte~ In question since removal of the ~te patients from the Roanoke Tuberculosis Sanato~l~ to state 2anator~ will make beds Council that the Tuberculosis Foundation of V[PF[n~s, IEco~poPated, has avm~lable fop the current y,ap up to $15,000.C0 fop the care and tPeatmen% Indigent no,Po tube~cula~ patients ~n the Roanoke Tubepculos~s Rt. Web%ap moved to take the matte~ under consideration, pend~nF receipt of s letteP f~om DP. Sha~oltz ofClc~,l]y adv~s~n~ Council of ~he state'~ and what com~[tnen%s it will make ~n the operation of the Roanoke Tuberculosis Sanutor~. The motion was seconded by Pp. Younc and adopted. P~ITIOK& A~ CO~NICATIONS: BRIeFs2: Council by Resolution No. 1~9~, adopted on JsnuaPy 3, 1955, having requested, the Town of Vinton concurr~nE, that the Virginia Department Hlghways allocate sufficient fu~s to cove~ one-half the cost of widening the Tlnke~ Creek ~dge by ~ feet, at an est!hated cost of f~om $20,000.00 to $P5,000.CO, and to approve s~Id pro3ect and pay fifty per cent of the cost thereof twenty-five pe~ cent of the cost to be borne by the City of Roanoke s~ the To~n of Vinton, respectively, the ~fty Clerk pre~ented a co~nlcatlon fro~ %he M~n,ger of the Town of Vinton, fo~ardi~ a copy of Resolution No. 317, passed by the Vinton Town Council on Decembe~ 21, 195~, concurring In the ~eq~est of the C~ty cf Roanoke. The co~unication was o~e~ed filed. HOUSIHG: The ~!ty Clerk presented a co~unicstlon from the City of Roanoke Redevelopment and Housing Authority, transmittlnE a "Statenent of City of Roanoke Redevelopment and Housing Authority Recoupment of Advance of Cost of Off-Site Improvements by Application of Payments ~n Lieu of Taxes Due City of Roanoke Pursuant to Ordinance of Mgrch ~0, 1952, No. 11367", which statement showed an application of $11,P02.74 for the fiscal yea~ e~!ng September 30, 19~, with balance due said Authority of $134,633.64. The co~unication w~s ordered filed. SCHOO~-ACAD~' OF ~BIC: A co~unicatlon from the Executive Board, Virginia Heights Parent-TeacheP Asseciat~on~ advising that it believes th. need for ~mp~ove~ent tn the school b~ilding s~tuation should take precedence ove~ the issuance of bo~s for a ~unicipal auditorium to replace the Academy of Huaic~ was presented by the City Clerk. H~. Hanes moved to refer the co~unication to the Auditorium Bond Issue Co~lttee. The motion was seconded by ~r. Young a~ adopted. RF~ORTS OF O~IC~S~ S~ CONSTRUCTION: The City HanageP pPesented a request o~ MP. Clarence L. ~ofF for the extension of a sewe~ t~nk line In Forest Park Boulevard, N. from Fresno Street northward apFroxlmatel~ 1,h~ feet to serve his property, which he p~poses to ~ubdlvide, Hr. ~off ststin~ h~s willingness to pay one-half of the cost of the said sewer extension estimated at $5,600.00. Fw. Webbe~ moved to advise My. Foff that It Is the intention of Council to comply with his request If and ~hen his subdivision plan Is properly approved a~ recorded, ~e motion was seco~ed by MP. Davie~ a~ adopted. REBO~ OF CO:~ITTE~: NO~. U~I~ISH~ ~LTH DEPA~h~: An oFfe~ from the Virginia State Department of Education Vocational Rehabilitation Service to rent office space In the basement of the Health Center Building at a rental of ~75.00 per month, provided the city would enclose the area with partition~, install the necessary door~, lights, etc., at an estimated cost to the city of $1,893.35, ~'htch was l~ld over from the meetin~ of February 7, 1955, was again before Council. Hr. Webber stated that the area In question Is premently used for ~tor[ng civil defense medical supplies a~ that the city does not have sufficient office The motion was seconded by ~. Young a~ adopted. CO.IDeATION 0F C~IHS: I~RODUCTION At~ CONSID~ATION OF ORDINANCF~ A~ RESOL~IONS: PA~ES AR~ P~.YGROUh~S: Ordinance No. 12325, authorlzin~ the City HanaFer to extend the Hockledge Inn concession contract for a period not to exceed two years, having previously been before Council for its first reading, read a~ laid over, was again before the body, Hr. Hanes oFferinF the following for its second reading a~ final adoption: (~12325) AN ORDINANCE authorizing the City Hanager to extend the H~kledFe I~ concession contract for a period not to exceed two year~. (For full text of Ordinance, see Ordinance Book No. 20, Page 36Y.) ~. Hanes moved the adoption of the Ordinance. The motion was ~eronded by Hr. Davies and adopted by the follo~i[ng vote: AYF~; Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, a~ the President, ~. Woody ................. NAYS: None ....................... ~NI~ D~EN~ION H0~: Council having instructed the City Attorney to prepare an Ordinance, authorizing the City Hanager to enter into contracts for the detention of certain non-resident Juveniles at the clty~s Juvenile Detention Home, he presented same~ whereupon, Hrs. Pickett moved that the following Ordinance be placed upon its first reading: (~1~326) AN ORDINANCE authorizing the City HanaFer to enter into contracts for the detention of certain non-resident Juveniles at the City's Juvenile Detentio£ I~i~F~S~ the Commonwealth oF ¥1rglnia has notified the CltF oF lie lntentio~ to discontinue the u~e of the City's Detention Home, as a study center for children co~uitted to the Btate Board of ~elfaro and Institutions for trainin~ and rehabili- tation, effective as oF June 30th~ 195~1 and I~4E~£A5~ upon the cessation, by the Co~.-.on~ealth, of such use of said Detention Hose, quarters should be ~vallablo therein fo~ the detention oF ~o~e children than the local children It t~ e~ti~ited it ~111 be necessary to detain ~E~ the City's Juvenile Detention ~ome is the only such home exlstin~ In tho vicinity oF the City and certain nearby political ~ubdivisions have ev~dence~ the hope that s~angem~nts may be nade pursuant to which thel~ respective Juvenile and Domestic Relations Cou~ts mmy be pe~mitted to con, it children, detention and pending adjudication of such ch~ldrens~ resuect~ve case: %Zq~EAS, this ~cunc~l ~s eo~[t~onally a~reeab]e to mak~n~ such fac~lit]es ~o available fo~ such'per,od of t~me as the aP~anKement p~oves pPact~cmble and no [nJustlce la thereby occasioned local children. TH[R~ORE, BE IT O~AI}~D by the Council of the C~ty of Roanok~ as follows: 1. Thmt %he C[t~ M~na~e~ be, a~ ke Is h~reby, ~utho~[zed and d~ected, For and on behal~ of ~he G1t~, to ente~ ~nto contPa~ts wlth municipalities counties, in the v~c~n[ty, des[~[~ to so contract, pursuant %o ~h[ch the Juvenile and Domestic Relations Cou~t, of such contract[n~ county oF municipality, ccm~m[t neglected, dependent o~ delinquent children, appeaP[n~ 5efoPe such couFt fo~ detention, in the aosnoke Juvenile Detention Home fo~ shoPt per,od2 9end[n~ the sdJudicat~on of such childrens' ~espect[~e case. ~. That each contract herefnaboFe authorized %o be executed shall in such foPm as is appmoved by the City AttoPney and shall contain such protective pPov[s[ons oF the City's ~nteFest as ~he City Man~eP deen~ expedient; [nclud~n~ the C~t~ ~?.00 per d~y o~ fFact[on thereof fop each child detained and the PIFht of e[tbe~ pa~ty thereto to ~erm~nate the same upon ten days wv[t~en notice. The notion w~s a~conded b~ Hp. WaldPop and adopted b~ the follow~n~ AYES: Council members DaFtes, Hanes, ~Ickett, W~ldFop, WebbeP, Youn~,.and the Pmesiden%, Mp. Woody ..................... NAYS: None ...................... ~ .... O. }~TH DEPART~,~: Council ~t ~t~ meeting of FebPuaPy 7, 1955, having requested the City Attorney to prepare an Ordinance, establishing a fee of fifty death, a~ said Ordinance havl~ been prepared a~ presented, Mr. Young stated that it was on his motion that the C~ty Attorney had been requested to prepare the said Ordinance, but that he has subsequently learned that the mtate law prohibits the securlnE emplo~ent and tha~ such prohibition would prevent the collection fees on a large portion of the birth a~ death certificates issued by the Health Department and in consequence he Is now opposed to the adoption of the Fee. Hr. Hanes moved to table the matter. The notion was seconded by Hr. ~aldrop and adopted. SEWEH A~SESSMF~%US~ Council, by Resolution No. l?lPS, adopted on the loth day of Hay, 19~4, having established the eet~ated amounts of assessments against abuttin~property owners fo~ the constructlo~ of a sewer In and along certain parts o£ Dunkirk Avenue, N. £., and Brook Street, ~. £., east of Idlewild Boulevard~ · ~. E., such sewer having subsequently been constructed and the p~ope~ the flnsl assessments against said property owners havlnF been dete~mlned~ H~. Waldrop offered the followf~ He~olutXon: (~1~3Z7) A R~OL~ION eatabll~hin~ the ~ounts finally assessed sprortXoned to o~ Fixed b~ agreement on the parcels of ladd described Resolution No. 1~8, re~ultln~ froa the construction of ~anXtary se~ers In and alone certain parts of ~rk A~enue, ~. E., and Brook ~tregt, ~. Idlew~ld Boulevard, N. E.: dXrecti~ the City Clerk t~ t~ansmXt this resolution to the Clerk of i{ustlnFs Court of the Clfy; d!rectin~ ~he l~st- nenttoned Clerk to ~end the record$ In bls office to show the amounts as herein finally established: and providin~ fop an emergency, (For full text of Resolutlon~ see Ordinance Book No. n0, PaFe 368.) Mr. Weldrop moved the ado~lon of the Resolution. The motlon was seconded by Mr. Davies and adopted by the followln~ vote: A~S= Council nenbers Da~les~ Hanes~ ~lckett~ Walurop~ Webben~ Youn~ the President, Mr. Woody ........................ NAYS= None .............................. O. M~ONS A~ ~ISC~LLA~0US ~USI~SS. GROU~H~ CLUB: ~r. Waldrop brouFht to the attention o~ Counull the favora- ble publicity r~celved b7 the C~ty of Roanoke by reason of three broadessts over the Natfon~l Broadcasting ~orporatlon~s network on Th~ Dave Ganroway Show "Today" on February ~, 19~, of a lon~ d~st~nce telephone c~!~ between Mr. Fna~ Blain of the National Broadcastlng Corporation and Mr. Jubal Angell, President of the Groundhog Club No. i oF A~er~ca, ~nco~porated, oF Roanoke, Vl~gtnta, a~ requested that so~e action be taken to express the a~precfatlon of the city for the nstlonal publlc~ty recetved by the C~ty oF Roanoke by reason o~ the said b~oadcasts. Mr. Hanes moved to refe~ the matter to the Mayor with the request that he wr~te the National Broadcasting ~orporatfon, expressing the appreciation o~ the G~ty of Roanoke for the ~ubllcfty it received by ~eason of the broadcasts on February M, 19~, In co~ectlon with the meeting ~f the Groundhog Club. The motion was seconded by M~. Waldrop and adopted. STR~S A~ ~S: ~. F. Rodney F~tzpat~lck appeared before Council and ~eque~ted that a public hearing be set on the request oF the Trustees of the Villa Hef~ts ~aptlzt Church that Council vacate, discontinue and close a portion o~ a 10-foot alley exte~llng southwa~ from New York Avenue, N. ~., located ~n ~ectlon 9, of the Map of the V~lla Heights Corporation, which was before ~ouncll at ~t~ meeting o~ December 13, F~. Webber moved that a heartng be held tn the matter at February PS, lq~5, In the Council ~amber. The motion wa~ seconded by and adopted, ZONING-BUILDING CODE= Hr. 17~ornton H. ?ice appeared before Council and crated thet the owner of a lot £scinE on Br~bleton Avenue, S. W., in the rear of hie property, has graded the said lot down to etreet level end destroyed the terrain for residentia! purposes, and that upon inquiry, he has discovered that no permit le required for the grading of residential property, Hr. ?ice requesting Council to take some means to control the gradir~ of property in residential areas to prevent drastic ch~r~es in the terrain which he considers detrimental to tbs velue of residential property. Hr. ~anes moved to re£e~ the request to the City Hans~er for consideration, The motion was seconded by Hr. Waldrop and adopted. There being no further business, Council adjourned. APPROVED AT · Honday, Pebruary ?1, 19~. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Hunicipal Bulldir~, Honday, February 21, 19~, at 2~00 olclock, p. m., the reHular meeting hour, with the President, Hr. Woody, presiding. pRF~SFJiT{ Council membero Davies, Hanes, Pickett, Waldro~, Webber, Young, and the President, Hr. Woody ......................... ABSENT: Eone ................................. O. OFPICF~5 P~FSENT: I~. Arthur ~ittle, City Attorney~ Mr. William P. CriF£s, Assistant City Auditor, and Mr. J. Robert Thomas, City Clerk. The ~.ectln~ was opened with a prayer by Dr. H. H. Beaeley, Rector of St. John's Episcopal Church. HI~,~fE$~ Copy of the minutes of the regular meeting held on Hondey, February 1~, 19~, having been furnished each member of Council, upon ~otion of Mr. Waldrop, seconded by ~r. Davies and adopted, the readl~ wes dispensed with end the minutes approved as recorded. The Hayor welcomed Hrs. W. C. Haenel and ~ra. ~. Sylvoater Haase, repreaentin~ the Catholic DauEhters of America, to the Council meeting. FL~d~INO OF CITIZENS UPON FU~LIC EASTERS: ACAD=JfY OF }~SIC: Dr. E. O. Gill, Chairmen of the Joint Civic Audltorimm Co..~mittee, appeared before Council and advtaed that the Joint Civic Auditorl~ Co.,:~lttee has not abandoned the idea of a multlpurpose bulldlnE, but rather that the bulldlnz it proposes ia to be a community canter bulldin~ with a flat floor ty~e of auditorium, capable of use as a concert hall, convention hall and a co~_~unlty csn~er, end that the committee's estimate of ~1,500,000.00 of cost ~as arrived at by consultation with leadin~ citizens of the co~.~unity and e study of the cost of the auditorfume of Greenville and SpartanburE, ~outh Carolina, LyncbburE, ¥!r~inie, and Charlotte, North Carolina, D~. Gill advisin~ further that his committee does not expect the auditorium to be a payfn~ proposition, but that if properly menaEed, it will come close to be!hElmF in enough revenue to meet expenses. ~. Davies stated that public statements have been made that Council has previously approved the construction of the civic auditorium in the southwest corner of Elmwood Park in approvin~ the report of the ~ar Memorial Co:mittee and quoted from the report of the War Eemorial Co~ittee es approved by Council the reco.~m~endatlon that an art bulldinE be e~actad in the aouthwast corner Of El~mood Park and a war memorial on the top of the hill in Elmwood Park at a cost of approximately $900,000.00, to be rsioed by public subscription, ~r. Davies pointin~ out that this wes considerably diffe~ent from the request now before Council. Hr. H. Carl Andrews advised Council that the issuance of honda in the amount of $1,~00,000.OO is a chan~e in the cfi[ina1 proposal end that it has been brought about by realization that a public subscription could not be succesaful. After some discussion, the :matter waa referred to the co~ittee recently appointed by Council to study the question of e bond issue in the a~ount of $1,~00,000.00 for the conotructlon ~f a civic auditorium. 136 FIRE DEFART.q~FI'I F~o Ko L. Carter, representing the Oarden City Volunteer Fl~e ComPany, a~peared'before Council and renewed the request of the Volunteer Fire Company that the city construct a new fire house on the lot o~ned by the city for that purpose of else adequate to store modern fire equipment and provide meeting quarters for the Volunteer Fire Co.~panyo H~. W. E. Nichols apFeared before Council and presented a petition from residents of the Garden City ares, requesting that the city build an adequate fire station In the Garden City co~r~unity and that said station be manned with a ,aid fire co~pany. The City Hanager advised that this matter havi~g been previously referred ;o him for a cost estimate, ha will reporb at the next regular meeting of Council on his reco~uandations and the cost of constructing a fire house in Garden City. Hr. Waldrop moved to refer both requests to the City Hannger for study in connection with the matter. The notion was seconded by Er. Hanes and adopted. ST~DIt~-~ER FIELD: Mr. William B. Hopkins, Attorney, appeared before Council in beh~l£ of Roanoke ~air, Incorporated, and presented a request that Section 16 of Ordinance No. 1~1~? be amended to reduce the daily rental charFe from ~[O0.O0 to $~00.00 and the weekly rental charge from ~P,~O0.O0 to $1,~00.~0 for ~se of Mahe~ Fleld by mechanical, agnlct~ltural, livestock, or any other use recognized as fair purposcs. Mr. Hanes moved to refer the request to the Stadlum Ad~lsory Cor.~ittee for study and reco~mendatlon to Council. The motion was seconded by Mr. Davies and adopted. FETIT10NS Ah~ C0-~ilCATIONS: ~MCMEATION DE?ART}~NT: A co~municatlon fro~ Mr. I. Simpson, stating that there are no recreational facilities in the city for elderly arid retired people, was presented to Council. Mr. Webber moved to file the co~munlcatlon. The motion was seconded by ~r. Young and adopted. S~-~fAGE DISPOSAL: The City Clerk presented a co~munication fro~ the Town of Sale~, Virginia, transmitting a Resolution of the Town Council, requesting per~fsslon to transport sewage collected by Roanoke County in any part or ~arta of the ~rea defined in Ordinance No iP]06, passed by the Council Roanoke on January l?, 19~, through the trunk line of the Town of Salem to its connection with the t~unk line of the City of Roanoke. Mr. Webber moved to concur in the request of the Town of Salem and offered the following Resolution: (#iP~PS) A RESOLUTION acquiescing in the request of the Town of Salem that it be given permission'to transport, through a portion of its sewage interceptor llne, for the County of Roanoke, certain sewage that the Clt~ of Roanoke is under contract to treat for said County. (For full text o£ Resolution, see Ordlnance Book No. ~0, Page ~?1.) Mr° Webber moved the adoption o£ the ~esolutlon. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Device, Hanes, Pickett, ~aldrop, ~ebber~ Young, and the President, Mr. Woody ....................... NAYS: None ............................. O. 5Tl~fS AND ALLEY~ The City Clerk presented e co.~uunication from Mr. R. R. Qulck, requesting t~at Council authorize the dedication of a strip of lend on the north side of Montvale Road, S. W., west of Tlllett Road, for the purpose of relocating sald Montvalo Rosa to coincide with an extension of said road according to a new subdivision map which will be presented for approval at a later date, Mr. ~uick advising that the relocation of said road will require the vacating of a strip along the southeasterly side of Montvale Road in order to pemult the development of the property along the said southeasterly side of Montvale Road because of a sewer truck line extending across said property, }ir. Quick further advising that the dedication of the strip Of land is necessary at this time in order to permit the settlement of a mortgage loan on Lot 23, Block 1, Revised Map of Beverly Hills, from which the strip is being taken and on which a dwelling has been erected and sold. The City Clerk further presented a report of the City Planning Com~lssion on the request, in ~hich said Co.las!on recommended to Council that it accept land proposed for dedication for street purposes. Mr. H. H. Moomaw, Attorney for the petitioner, appeared before Council and advised that he has prepared an Ordinance, accepting the dedication of the strip of land in question, ~'hlch hns been approved by the City Attorney. Mrs. Pickett moved that Council concur in the recomaendation of the City Planninc Co~issfon and th,t the following Ordinance be placed upon its first reading: (~12329) AN ORDINANCE peraittlng the dedication for street purposes by Leon R. Ettchen and Grace C. Kytchen of that part of Lot 23, Block 1, Revised Hap of Beverly Rills, of record in Deed Book 715, Page ~4, in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, as is bounded by points 1, 2, 6, 10, 9, 5, 1, as shown on a map made by C. B. Malcolm & Son, Virginia State Certified Engineers, dated January 25, 1955, and providing for the acceptance by the City of Roanoke, Virginia, of the dedication of said land for street purposes. ~,.'PFEREAS, Leon R. Kytchen and Grace C. Eytchen are the owners of Lot Block 1, Revised Map of Beverly Hills, of recor~ in the Clerk's Oefice of the Hustings Court for the City of Roanoke, Virginia, ill Deed Book ?15, Pace 5~, and desire to dedicate in fee simple for street purposes that part of said lot as is bounded by points l, 2, 6, 10, 9, 5, 1, as sho~n on a map made by C. B. Malcolm & Son, Virginia State Certified Engineers, dated January ?$, 195~, and WHEREAS, the City Planning Co~Ission has recox~ended to the Council of the City of Roanoke, Virginia, that Leon R. Kytchen and Grace C. Kytchen be pevmitted to dedicate for street ~urposes the land surrounded by maid points and the acceptance of said dedication for street purposes by the City of Roanoke, Virginia. THE.~R~0RE, BE IT 0~DAIR'ED by the Council of the City of Roanoke, Virginia, that Leon R. Kytchen and Grace C. Kytchen, owners of Lot 23, Block 1, as shown on the Revised Map of Beverly Hills, of record in th. Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, in Deed Book 715, Page 5~, be, and they are hereby allowed to dedicate for street purposes that par2 of said lot as is bounded by points or corners designated as 1, ?, 6, 10, 9, 5, 1, on a map made by C. B. Malcolm & Son, Virginia State Certified Engineers, dated ~anuary 26, 1955. BE IT FURTHER ORDAII~D that the dedication of the land bounded by said ~oints shown on said map be, and is hereby accepted by the Council of the City of ~oanoke, VlrElnia, to be used for street purposes, BE IT FURTHER ORDAI~D that the City Enstneer and the Agent of the Roanoke City Plennin~Co~lssion are hereby authorized a~ directed to sign a~appuove said map nade by C. B. Halcolm & Eon, Virginia State Ce~tlfied Engineers, dated' January 2~, 19~5~ a~ to deliver to the Clerk o~ th~ Hustings Court of the City of Roanoke, Vlr~lnia, an utte~ted copy of this O~dinance a~ to record In ~aid Clerk's Office at the co~t of ~on H. Kytchen a~ 6race C. Kytchen ~aid ~a~ d~ted January ~6, The mo~on was seceded by M~. Waldrop a~ adopted by ~he following A~S: Council ~embers Davies, Hanes, Pickett, Wald~op, Webbe~, Young, a~ the President, Mr. Woody ..................... NAYS: None ........................... O. ZONIN~: A co~nication fro~ Blue Stone Block Co~pany, Rockydale Quarries Corporation, Mm. Holman W~llis, Jr., and Frances W. Davis, requesting that Blocks 9,~0, 11, lb, 17, 18 a~ 6, and a portion o~ Block 12, Jackson Park Land Co~nany, be rezoned fron General Residence District to Light Industrial District, and that Clay Street, N. E., between Block 17 and Block 18, Jackson Park Lm~ Company, north of Holco~be Avenue, and Holco~be Avenue, N. E., ~e~t of Clay Street, be aba~oned, discontinued and closed, was presented tO Council. Mr. Hane~ moved to refe~ the request to the City Planning Commission foe study and reco~e~atlon. The ~otlon was ~eco~ed by Hr. D~vies and adopted. REPORTS OF O~IC~S: CI~f PHYSICIAN: The City ManaEev submitted a written report from the City Physician rom the month of January, 1955, sho~ln~ 711 office calls, 8hO prescription filled a~ 269 treatments given, as compared w~th 669 off,ce calls, 705 prescription: f~lled and 3lb ~reatzenta given fop the zonth of January, The vepor~ was o~de~ed filed. REPORTS: The City Manace~ sub~l~ted written reports ~rom the Delinquent Tax DepaPtzent, the Department of Parks and Recreation, the Department of Public Wo~ks, the Health Department and the Police Departzen% fo~ the month of Janua~, 1955. ~e vepoPts wePe ordered filed. FIRE DEP/~T:.~: ~e City Hanafep submitted a w~tten report on the e~loy- ment of Gary Edsel Kelly and Robert Clancy Peele in the Five Department, selective February 16, 1955. The veport was ordered ~iled. REPORTS OP CO~IT~S: NO~. US~INISH~ BUSIneSS: ZONING: A petition by Mr. H. M. ~omaw, Attorney for property owners on %he no~th a~ south sides of Melrose Avenue, N. W., extending westerly f~om the entrance to Fan.view Cemetery ap~roxima~ely 1,000 feet~ amkin~ ~ha~ their be rezoned fro~ General Residence District to Business District, having been before Council at its ~eetl~ of Eovembe~ 29, 19~, a~ referred %o the City Pla~InE Co~Ission fo~ study a~ reco~e~ation, the C~ty Planning Co.salon re- ~orted that l~ Is the Co~lsslon~s opinion that theve Is need for a business of sufficient size to provide for off-street psrkin~ to serve the northwest Sectio£ and that the properties in question are suitable for business purposee~ also, that the location of said properties le each that the rssonin~ of them will not edvereel: affect the value of nearby residences, and, consequently, reco=~ended that the properties of W. Price Fields and £etelle C. Fields, Lots ties. ?~6C~17 and Travanious HcDaniel, Lot No. F660~1~ Sandie E. Vest, Lot I:o. ~60~lS~ Charles R. and Gertrude L. Hubbard, Late No. 2660~11, No. )660~1~, No. P660~13 and 1~o. P660~lh s'nd' W. P. Header, Lot Re. 2660~19, located on the south side of Helroee Avenue, be rezoned from General Residence District to Business District. ~. ~o~maw appeared before Council and requested that the b~dy hold a public hearlnE on the matter on March ~1, 19S~o ~ro ~ebber pointed out that numerous property owners along Melrose Avenue have previously presented r~quests that their properties be rezoned for business purposes smd that all eueh requests have been previously denied, Mr. Webber ststlnE that he f~ele in fairness to all such petitione~s that no rezoninF action should be taken unless equal consideration is ~Iven to all of them. Mr. Hanes moved to refer the matter back to the City PlanninF Camalselon with the request that it study Melrose Avenue, N. W., from Lafayette Boulevard to Peters Creek Road, ~:lth a view of determlnln~ which of the properties on which requests for rezonln~ have heretofore been presented ~ould be the best location for such a Business District, and relort its recommendation to Council. The notion was seconded by Pm. Davies and adopted. ~ATER DEPA-RT~gE-}~: Bids for the restoration of streets a~ sidewalks occasioned by the operations of the %Pater Department hsvln~ been received by Councl at its meetina of February 14, 1955, end referred to He=sra. Arthur $. Owens, B. Moss end Charles E. Moore for tabulation and report, the committee reported that both the bid of John A. Hall and ConFany, and Adams Construction Company, received at the p~evious meeting, are t~ accordance with the specifications, and that the bid of John A. Hall and Company Is low, based cn the estimated quantities upon which it was submitted. Mr. Wsldrop moved to accept the co~mittee~s report and offered the followln~ Resolution: (#17330) A ~ESOLUTION scceptinE the proposal of John A. Hall and street and sldewalk restoration occasioned by the normal daily operations of the Water Department in the estimated total sum of $36,655.00, on the unit price basis as set forth in the bid of said Co=party; authorlzinE and dlrectinE the City Manager to execute the requisite contract: and providina for an enerfency. (Par full text of Resolution, see Ordinance Book No. FO, PaEe 37a.) M~. Waldrop moved the adoption of the Resolution. The motion was seconded by Mr. Hanes and adopted by the followln~ vote: AYE_S: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ..................... 7 NAYS: None ........................... 0 TRAFFIC: Council at its meetlnC of November 99, 195h, havln~ received from the City PlanninE Co.-~aisslon e recommended Master Plan fo~ Wlllismson Road between OranEe Avenue and the north city llmlts, which report was tabled and referred to the City Mana~e~ for estimates of cost, and the plan containtnz, anong other thin~s, a reco~endation that parkin~ be prohibited on both sides of Wlllia,-~on Road from Orange Avenue to the north city limits, neceeser~ logdir~, and unloading sones excepted, the matter of parking was again taken up, In this connection, the Hayer pre~ented a lette~ from the Johnson-~Reynolg ~evrolet Corporation~ adviein~ that it has ~de a study of the parking problem and reco~r~lng that ~arkln~ be eliminated on the ~est ~fde of ~lllla~on Road fro~ 7~00 A.~, to 9~00 A,H. and on the east side o~ ~llliam~on Road ~ro~ ~CO to 6:~0 P.H. H~. Webber ~o~ed to ~efe~ the question of parki~ on Willl~son Road to the City Hanager fop administrative action u~er ~ection 79 of the Traffic Code. The motion ~a~ ~eco~ed by Hr. Youn~ a~ adopted. CO~5ID~ATIO~ OP CLAII-~: N0~. II~RODUCTION AR~ CON, IDeATION OF O~DI}~ANCES AK~ JU~NILE D~Y~ION H0}~: O~lnance No. 12326, authovizi~ the City Manager to enter into contracts for the detention of certain non-resident Juveniles at the city's Juvenile Detention Hone, having previously been before Councll fo~ its first reading, read and laid over, was again before the body, Hrs. Pickett offering the followin8 For its second readin~ and Final adoption: (~12326) AN ORDINANCE authorizing the City Eanager to enter into contracts for the detention of certain non-resident Juveniles at the City's Juvenile Detentto~ Home. (Per full text of Ordinance, gee Ordinance Book No. 20, Page 370.) '~s. Pickett ~oved the adoption of the O~lnance. The motion was seceded by Hr. Wald~op and adopted by the followln8 vote: A~S: Council ~e~bers Davies, Hsn~, Pickett, Waldrop, Webber, Young, and the President, Hr. Woody .................. NAYS: None ....................... O. LICENSE TAX CODE: Iff. Webbe~ brought to the attention of Council that Ordinance No. 9~17, adopted on Februa~ P~, 19~9, t=posinF license taxes for the period April 1, 19~9, to March 31, 1950, both inclusive, and each successive year thereafter, on motor vehicles, trailers and motor vehicle carmler~, as amended, Is obsolete due to changes in the state law, a~ moved that the following Ordinance be placed upon its first readin[: (~12331) AN OHDIEIN~ imposing license taxes gem the period April 1, 19~5, to Hatch 31, 1956, both Inclusive, and each successive yea~ thereafter, on vehicle~, trailers~ and on common carvler~ by ~otov vehicle, restricted co--on carriers by motor vehicle, contract carriers by motor vehicle and household Needs carriers; premcrlbing certain rules and imposing penalties; a~ repealin8 Ordinance No. 9817 a~ Ordin~ce No. 9890, and ~endments thereto. BE IT OHDAIH~ by the Cguncil of the City of Roanoke as fol~ows: {A) Definitions. The wo~ds and phrases used herein as indicating kinds or types of vehicles shall have the s~e meanings ascribed to them as are set out in Section ~6-1 of the Code of Virginia, 1950, as amended. Trailers and se~itrailer~ shall be licensed separately fro~ the motor vehicles to ~hlch they are attached. (b) Tax. A license tax Is imposed on all motor vehicles, trailers and se~itrailers, for the period From April 1, 195~, to Hatch 31, 19~6, both inclusive, a~ lev each successive year thereafter, as follows: 1..41 1o P~esen~? Hotor Vehicles For Hire. On each passenger motor vehicle kept or used for hire, the annual license tax shall Be .................. $ 30.00. 2, Rotor V~hicleg'Trane~ortin~ Prc~ert~ for Hire. On each truck, tractor truck, trailer or semitrailer kept or u~ed for hire For the tranaportatioli of property cfa rated capacity o£ one ton, or less ................. ! ...... $ 15.00. Over one ton rated capacity .............................................$ 5.00 additional For each one-half ton rated capacity. 3. 'Privately O~ned Trucka~ Trailera~ Etc. On each privately owned truck, tractor truck, trailer, or semitrailer used For the transportation of property, a license tax of .......................................................... $ per one hundred pounds of weight, or major fraction thereof, which said weight shall be the empty weight o£ said vehicle as eho~n on the registratlon card issued for t~e sane by the Division of Hotor Vehlclea~ provided, h~wever, that no tax shall be lesa than ......................................................~ 9.00. ~. Private Passenger Motor Vehicles~ not Motorcycles. On all private passenger motor vehicles not transporting passengera for compensation and not otherwiee licensed by the city the annual license tax shall be .......... ~ per one hundred pounds of ~eIght, or ~aJor Fraction thereof; provided that no such tax shall be less than ~6.00 nor more than $10.00; and the manufacturer's shipping weight shall be used in determlninE the weight for the purpose of ascertalnlnE the tax hereby imposed. 5. Trailers or ~e~itrailers designed for Use as Livfnc ~uerters b~ ~uman Beings. On each trailer or semitrailer designed for use as living quarters by human beings the annual license tax shall be ............................ ~ 7.50. 6. 'Motorcycles~ Hotorbikes and Trl-Hotorcycles. On each motor vehicle designed to travel on not more than three (3) wheels in contact with the ground, and on each four-wheeled vehicle weighing less than Five hundred pounds and equipped with an engine o£ less than six horsepower, the annual license tax shall be ......................................................................... $ 3.00 and in edditisn, for each sidecar ....................................... ~ 2.00. The tax in this section Imposed shall not apply to motor vehicles designed and used as farm tractors. (C) Transfer. No license issued under this Ordinance shall be transferred fro~ one owner to another owner and any license issued hereunder shall expire immediately upon a change in the ownership of the vehicle for which the same was issued; provided, however, that this section shall not be construed so as to prevent the transfer of licenses from one vehicle to another vehicle of the s~me class ~wned by the s~me person. {D) Proration. Llcenees issued under subsections 3 and h of Section may be prorated, in which case of proration one-half of the annual license tax mequired to'be paid by the owner of a ~otor vehicle, trailer or semitrailer, ahall collected whenever such license is issued durlnF the period beginning on the day of October in any year, and ending on the fifteenth day of January in same license year, and one-third of such tax shall be collected whenever such license is issued after the fifteenth day of January in the smme license year. No other licenses issued hereunder shall be prorated. (E) License Plates. A number plate, or tag, for each motor vehicle, ~railer or sidecar shall be furnished by the Commissioner of the Revenue at the time 142' the license is taken out, and shall bo conspicuously displayed on said motor vehi- cle, trailer or sidecar; and in the event such tag is lost, the owner of the motor vehicle, trailer or' sidecar shall forthwith obtain from the Co~lss~oner of the Revenue a duplicate and shall pay therefor $1o00o For the failure to display ' such tag, the ~wner, or ~perator, of said motor vehicle, trailer or sidecar shall be fined not exccsdlng 7. Certain One and Two-~heel Trallerao A license tax is hereby imposed on all one or two-~neel trailers With a body length of not more than nine feet and a width nat greater than the width of the motor vehicle to which it is attached to be attached to the owner's own rector vehicle and used only for carrying property belongln~ to the owner of such trailer, not exceedln~ one thousand (1,OCO) pounds at any one time, vhlch said license tax =hall be ........................ ~ 3.50 for each such trailer. 8. Hotor Carrlers~ Etc. Every co~.non carrier By motor vehicle, every restricted comnon carrier by motor vehicle, every contract carrier by motor vehicle and every household goods c~rrier shall pay a tax of 1/5 cent per mile for each mile operated within the City by any vehicle of such person welghing 5,000 pounds or less; P/5 cent per mile for each mile so operated by any vehicle weighing more than 5,000 pounds but less than 15,000 pounds; and 3/5 cent per mile for each mile so operated by any vehicle weighln~ more than 15,000 pounds: provided, however, that this section ~hall not apply to any such person, flr~ or corporation payin~ a tax to the City on all tangible personal property, machfnery, tools and equipment owned by such person. vehicle, contract carrier by motor vehicle or household good~ carrier shall operate in the City until such carrier hca paid ~he tax prescribed by this ordinance, which said tax shall be due and payable on the 1st day of April, of each year, and shall have secured the approval of the Council of the City as to the route, or routes, over which sald carrier desires to operate. (F) Expiration of License. Every license issued under this 0rdinsnce shall expire on the 31st day of ~arch of the license year for which it was issued, and the sm~e shall be renewed annually by the owner by payment of the required license tax, such renewal to take effect on April 1st of each year. Number plates or ta~a issued pursuant to the provisions of this Ordinance for a succeeding license year may be used without penalty on and after Harch 15th of the calendar year in which such license year begins; number plates or tags issued ~nder thio Ordinance for a preceding year may be u~ed without penalty during the first fifteen (15) days of (G) Penalties. It shall be unlawful for any person to violate any of the provisions of this 0rdfna~ce, and any person who shall violate any of the pro- visions thereof shall he ~llty of a misdemeanor, and upon conviction therefor, fined not less than eive dollars, nor more than one hundred dollars for each separate offense, except as provided in paragraph m(E)e hereof. (H] Invalidity. If any part of this Ordinance shall he found invalid by any court, it shall be conclusively presumed that this Ordinance would have been passed without such lnvalld part, and the 0rdlnance as a whole shall not be de- clared invalid by reason of the fact that one or more parts may be found to be invalid. {I) Repeal. Ordinance No. 9817, adopted February FS, 1949, imposing license taxes on motor vehicles, etc., for the period April 1, 1949, to March 31, 1950, and each successive year thereafter, end Ordinance No. 9590, adopted March 78, 1949, s~endin~ and reo~dalninE the aforesaid Ordinance B~o 9817 by adding thereto a new section~ toEether with all amendments to the aforesaid Ordtnancesl are ~ereby repealed. (J) Confflict with ~tate Law. If any tax imposed under this Ordinance shall exceed, when computed in accordance with the ter~ of thl~ Ordinancet the amount of the license tax imposed ~y the ~tate of Vl~Fl~la on the same ~otor vehicle ov tralle~, the~, and tn ~uch caae~ the license t ax l~po~ed upon ~uch vehicle under thi~ Ordinance shall be that a~nt equal to the license tax imposed by the ~tate of Ylrptnla, a~ In no case shall the license tax l~po~ed by thl~ 0~dinance exceed the a~ount of the license tax Imposed by the State on the s~e moto~ vehicle or trailer. The motlo~ ~ao ~econded by H~. Hane~ and adopted by the f~llo~Ing AYES: Council ~embers Davies, Hanes, Fickett, Watdrop, ~ebbe~, ~ou~, a~ the P~eslden~, Mr. Woody ...... J ............. 7. ~AYS: None .......................... O. 5~AQE DISFOSAL: Council h~fn~ adopted O~dtnance No. 1~31, on ~7, 19~, p~ovidi~ fo~ the acqul~ition of a ~e~petual easezent fo~ a ~eweP line right-of-way alon~ Glade C~eek, H. E., the City Han~eP Pep~ted that he has been unable to ~each a satisfactory settlezent with the p~opepty owne~, M~. W. J. W!lke~son, and ~econ~ended the lnstltu~lon of conde~atfon p~oceedlnFs to scqul~e the easement. Mr. YounK moved that Council concu~ tn the Pecommendatlon of the City Manafe~ a~ offered %he followinF emergency Omdlnance: (~1~33~) t~ ORDINANCE autho~izinF and d~Pect[nF %he institution of con- de~ation 9PoceedlnFa to acquire a perpetual easement fo~ a lO-foot wide way fop a public aewe~ line throuFh certain property situate In the City of ~oanoke on the no~th side of Glade C~eek, owned by W. James ~tlke~on; and vidin& fop an emergency. (PoN full text of Ordinance, ~ee O~lnance Book ~0, Page Mr. YounK moved the adoption of the O~lnance. ~e motlon was seco~ed by M~. W~ld~op and adopted by the following vote: A~S: Council members Davies, Hanes, Pickett, W~ld~op, Webben, Young, the President, Mr. Woody ................... NAYS: lions ......................... O. WATER DEPARTmeNT: Council hsvin~ adopted ~esolution No. l~hS, on October 25, 19~ dlrecttnf, ~nonf othe~ thinFs, that the rszinK of a dilapidated buildi~ on the Wate~ Department property at 3~h7 Hollins Road, N. E., be deleted froz the plans and specifications fo~ ~he construction of certain operstlonal buildings on said property, becsuse o~ the temporary need fo~ same by the Water Department due to its bsinF required to vacate other buildings caused by the construction of the Jefferson Street Grade CPossing Eli~nation Viaduct and P~oJect, a~ tt ~ppea~inE that the construction of th~ operations buildinEs has now proceeded to such point ths~ It Is necessary to rase the ~aid dilapidated buildin~, Mr. Hanes offered the followl~ Resolution: 1'44 (~12313) A R£SOLUTION authorizing the razing of a dilapidated building on the W~er DePartment property (~447 Hollins Road, H, E.) to provide space for the completion of tho Water Departmentle operations bulldinHa nov under con- tract vlth Ho A. Lucaa & Sons. (Po~ f~ll'text of Resolution, see Ordinance Book No. 20, Page 37~*) ~. Hanes moved the adoption of the Resolution, The motion vas seconded by HI'. Davies and adopted by the follovinB vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ...... ~ ............... ?o NAYS~ None ............................ O. TUBERCULOSIS SANATO~IUM~ Council havin~ adopted Resolution No. 12~95, on January 3, 1955, evidencing its intent to close the city's Tuberculosis Sanatoriu~ effective June 30, 1955, and Dr, Hack I. 5ha~holtz, State Health Commissioner, having appeared before the body at its meeting on February 14, 1955, and verbally outlined several proposals of the State Department of Health relative to continued operation of the Roanoke City Sanatoriu~, and it appearing that Dr. Sha~holtz has put the proposals into writing, as requested by Council at its meeting on February 14, 1955, in a letter from the State'Health Co-.~mlssioner to the City Hana£er dated February 17, 1955, Hr. Webber ~ffered the following Resolution: (#12334) A RESOLUTION repealing Resolution No. 122951 directing the City Manager to cause all white City tuberculosis patients, requiring institutional care, to be placed in a State, rather than in the City's, Sanatorium; directtn~ the City Manager to discontinue the use of the City's Tuberculosis Sanatorium as an institution for treating white patients inflicted with tu~erculosis; directing the City Manager to continue to onerate said Sanatorium for treating indigent negro patients on a State-wide basi~; and providing for an e~ergency. (For full text of Resolution, see Ordinance Book No. 20, raze 375.) ~. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Youn? and adopted by the following vote: AYES: Council ~embers Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ................... 7 HAYS: None ......................... O. It appearing that the funds included in the 1955 budget for the operation of the Tuberculosis Sanatorttu~ are sufficient to cover the first six months of the calendar year only, }~. Hanes offered the followtnE emergency Ordinance, approprletinK sufficient funds to provide for the operation of the Tuberculosis Sanatorium for the full calendar year~ (~12335) AN ORDINANCE to amen~ and reordaln Section ~41, "Tuberculosis Sanatorium", of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 20, Page 376.) Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council me.~bers Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .............. ; ...... 7. NAYS: None ........................... 0. With further reference to the Tuberculoois Sanatorium, Mr. Young moved to direct the City Manager to study the possible income which will be derived from the state and the Tuberculosis Foundation of Virginia, Incorporated, and to advise Council at its nex% regular meeting, in what a,~oun% the budgetary estimate of income can be increased. The motion was aecor~ed by Hr. Webber and adopted. HOTIONS A~ HIS~OUS BUSI~ There bel~ no furthe~ Business, Council adjourned. APPROVED COUNCIL, R£OULAR P"~CItlKOe Hondey~ February 28, 1955. The Council of the City of Roanoke met in reiallar meetin~ in the Council Chamber in thb Hunicipal Bulldin~ Honday, February 2§, 1955, at 2100 o*clock, p. m.~ the reEmlar meetin~ hour, with the President, H~. Woody, preeldin~. PReSEll Council ~enber~ Daviee~ Hanea~ Plckett~ ~aldrop~ ~ebber~ Young~ a~ the President~ H~. ~oody ................. A~E~: None ......................... O. OFPICF~$ ~HF~ELU: Hr..Arthur Z. ~ens, City Hana~e~, Hr. Ha~olph G. ~hittle, City Attorney, ~v. Harry R, Yate~, City Auditor, a~ Hr. J. Hobert Thona~, City Clerk. The neeting was opened with a Braye~ by the Revore~ ~uis P. Hof~man, Pastor of ~elaont Presbyterian 6hurch. The Eayo~ a~ounced that today is Student Government Day fou ~illiaa . Plenini High 5chool and offered an official ireetl~ to the students who had been chosen as members of Council and officers of the [ove~ment fvon the student body of the school. Hr. W. W. Ga!tot, Supevviso~ of Heguo Recreation for the Departnent of Parks and Recreation, appeared before Council and presented to each member of the body, as ~ell as the officers present, favors made by the children of the Northeast Rscreation Center. The Hayou e~res~ed the tha~s of the members of Council for the ~;.RING OF CITIZENS L~ON ~UBLIC ~6TT~S: STRE~S A~ AL~S: A public heaPin~ havinF been adve~tised fop ~:00 oSclock, p. m., Feb~ua~ ~5~ 19~5, on the application of the T~ustees of Villa Hei~hts Baptist Church, ~equesttn~ Council to vacate, dlscont~nue and close a ce~taln lC-foot wide alley located in $ectlon 9, Map of Villa Hei[hts which auplicatfon was pPevlousl~ ~efe~ed to the City Plannl~ Co~mission study and ~eco~endatlon, and Council, b~ Resolution No. 1~83, adopted on the 13th day o~ Decenbe~, 19~, havtn~ appointed viewers to view said p~ope~t~ and the afo~esaid alle~ and ~epo~ in wpttin~ pursuant to the p~ovisions of the statutes whethe~ o~ not In thel~ opinion any, and If an~, wha~ inconFentence would ~esult f~o~ vacatin~, dIacontlnuina and closinK said alley, the City Clerk aKafn presented the ~epo~t of the City Plannin~ Co~Ission, advisin~ that in its opinion the closfn~ of a po~lon of the said allex will not be contrary to the Interests of the public, p~ovlded the petitioners will assu~e the cost of the existfn~ sewev In said alle~ and will be responsible fo~ acqutvin~ a portion of the reap of Lot 25 to be deeded o~ dedicated to the city In o~de~ to p~ovide a radius fo~ Improvement of the alley, and that on that basis, It is the vecox~endatlon of the Commission that Council ~vant the request of the The City Clerk also p~esented a ~epovt of Mess~s. Dewey R. Hobevtson, T. Howard Bo~ev and J. W. Elliott, ~fewevs previously apFolnted, statinF that the only inconvenience which would vesult from closlnc said alley would affect the operators of ~otov vehicles t~a~el!n~ cam% th~ouEh an alle~ In ~aid Sec%ion Map of Villa Heights Corporation, when said vehicles attempt to make a ~t~ht turn In said alley to tPavel In a southerly direction toward Staunton Avenue~ their {! turning area bein~ restricted, and the owners of Lot Yb, Rection 9, Villa Heights Hap, s~ose land would be affected by said vehicles in their turn. NO person appeared in opposition to the request of the petitioners. Hr. F. Rodney Fltmpatrick, Attorney for the Trustees of Villa Heights Baptist Church, appeared before Council and advised the body that there has been a delay in obtaining a deed for the portion of Lot Y~ the acquirenent of which will be necessary to neet the recomnendation of the City Planning Co=ciesion, and requested that the matter be laid over one week to permit the co~pletion of the said deed and the preparation of an Ordinance closir~ the alley as requeetedo Hr. Webber me,ed to carry the matter over to the next regular meeting Council. The motion was seconded by P~-. Waldrop and adopted. ARKORY-S-=k~JRR-$TORH DRAINS: The City Hpnager havin? celled For bids For the construction Of sanitary sewer and storm drains at the National Gu%rd Armory at Maher Pield to be received in the OFFice of the City Clerk until I~:CO noon, Monday, Feb~ary P~, 1955, end publicly opened before Council at Y:OO o~clock p. m., the City Clerk reported that bids had been filed in bis office by H. Hudgins, Wiley N. Jackson Conpany, Aaron J. Conner, Gilbert and Otmbert, Incorporated, Draper Construction Co~pany and Pioneer Construction Company, Incorporated, :]nd that the bid of }i. S. Hudgins had been filed after the 1R:OO o'clock deadline, {ir. Hudgins having explained that he had overlooked the time specified in the official advertisement since this was the first bid that he had filed for city work since the change of the cloetn6 hour. 'Hr. Hanes moved to accept the bid of M. S. Hudgins since it had been filed late due to an overslEht, but that in the future any bids filed late by a con~ tractor should not be accepted. ~ne motion was seconded by }fr. Davies and adopted. The following bids were then opened and read to Council: H. S. Hudgins $7,853.00 Wiley N. Jackson Company 7,928.50 Aaron J. Conner 6,658.50 Oinbert and Glmbert, Incorporated - 6,305.88 Draper Construction Company - ?,79~.?O Pioneer ~onstruction Company, Incorporated - }ir. Maldrop moved to refer the bids to Kessrs. Arthur S. Owens, John L. Wentworth and H. Cletus Broyles for tabulation and report. The motion was seconded by Mr. Davies sad adopted. PETITIONS AND CO!9~NICATION$: S~'WAGE DISPOSAL: A resolution fmo~ the Board of Supervisors of Roanoke County, requesting the City of Roanoke to amend the sewaEe contract of September $6, 195~, to include an area extending northward from the Salen-Lynchburg Turnpike to Cove Road, between ~eters Creek Road on the east and Green Ridge Road on the ~est, and an area extendln~ alcn~ U. S. Route 11 a distance of ~,6~0 feet from the city corporate llne to the west and 350 feet From the center line of Route 11 on both sides of said highway, w~s b~fore Council. Mr. Waldrop ~oved to refer the request to the Sewer Comnittee consistinF of Councilmen Roy L. Webber end ~alter L. ¥ounE, Nr. Arthur S. 0wens and Mr. Randolph O. h~lttle for study and reco.~lnendatlon. The motion was seconded b~ Er. Hanes and adopted. AUAD~Y O? KUSIC-STATE HIGHWAYS ~ITH!N CITY LIMITS: A ¢om_~unieation from Mrs. J. Co Roberts, ob~eetinE to the expenditure Of funds for a n~auditoriu~to replace the Academy of Huaic and reco~ending that tho money be spent for the improvement of streets, and particularly that a hill on Shenandoah Avenue, N. between Thirtieth Street and Thirty-second Street, be cut do~n, was before Council. Mr, Hanea stated that the report of the Audltorl~ Committee will be considered later On in the meeting and moved to refer the co~unicatlon to the City Manager for consideration of the question of grading Shenandoah Avenue, N. between Thirtieth Street and Thirty-second Street. The motion was seconded by Mrs. Pickett and adopted. ~ONING: The City Clerk presented a communication from Mr. Allen W. Howell, requestin? that his property on the northeast corner of Melrose Avenue and Street, N. W., be rezoned fro~ General Residence Dlatrict to Business District. Mr. Davies :~oved to refer the request to the City Planning Cora~Ission for study and recomnendatlon. The notion was seconded by }Ir. ftunes and adopted. ZON~E~: A com~unication from Dr. Edwin J. Palmer, requestin~ that Lots 10 and 11~ Section 16, West End Land Company M~p, located at the northwest corner of T~irteenth Street and C~mpbell Avenue, S. ~., be resoned from General Residence District to Special Residence D!strlet, was presented by the C[t~ Clerk. rm. Davies moved to refer the r*queat to the City Planning Commlsa!on for study and recom~endatfon. The mot!on wes seconded by Mr. Waldrop and adopted. BOARD 07 5~UALIZATION: A co.-~unicatfon from the Boa~ of Equalization, transnlttinF a copy of Itc report to the Co%irt of Law and Chancery and that Its ~ork was consisted on February Pl, 1955, was presented to Counell. The cor_mun!catlon was filed. REFORTS OF O?FICx-RS: AUDITS-CiTY TREASURER: The City ~[anager presented a repo~t Of the Auditor of Public Accounts of the Commonwealth of Virginia on an audit of the accounts of Ks. J. H. Johnson, Treasurer of the City of Roanoke, for the period January 1 through June 30, 195~, ~nlch report stated that the examination disclosed that pro,er accounting.had been made for all funds of record received during the perlod~ and that the records had been.prepared In an excellent manner. The report was filed. COHPLAIR~S-S~f0}[E CO~ROL: A petition fro~ residents of th~ ~asena sect!on, complainln~ of s~oke, soot and ash from the Roanoke Wood~orkln~ Company's plant, having been referred by Council at Its meeting of February ?, 195~, to the C!ty Man,get for investigation and report, the City Manager reported that the Roanoke Woodworking Company has advised that I~provements will be made within s~xty days wh!ch ~hould alleviate the condition partially, but not wholly; he,ever, the correction ~[11 be In co!ueormIty with the existin~ Ordinance, ~he C!ty further reporting that t~le Air Pollution Control Department will make every Hr. Hanes moved to concur In the report of the City Manafe~. The motion was seconded by Mr. Davies and ,dopted. PL~CHASE OP ~ROPFRTY-TR~FIC: The City Manager reported that tn response to prior direction of Council he has made repeated efforts, through negotiation, to purchase Lot 11, Block 5, Barbour Heights, located at the corner of Brandon Avenue and Main Street, S. W., for the purpose of widening Main Street, S. W~, ' between Sherwood Avenue and Brandon Avenue, but that he has been unable to reach 1'49 a satisfactory a~reement wit~ the owner, Hr. Roy R. Pollard. 8r., and reco.,u~ended that steps Be taken to condemn the property needed flor cutting back this Hr. Webber moved to instruct the City Attorney to prepare an Ordinance, r~aking a fl~ offer of $[,0C0.~0 to H~. Roy R. Follard~ ~., fo~ the purchase of s~ch of ~t 11, Block ~ Bavbouv Hel~ts~ a~ l~ required by the city cutting back the corne~ in que~tion. ~e motion ~as seco~ed by ~. Youn~ a~ adopted. PA~ A~ PLAYGROUnd= The City HanaFe~ p~esented a lette~ fro~ the DlrectoF of Fa~ks and Hec~estlon~ ~dv~slnF that three attenrts have been ~ade to secure a concessionaire for W~shl~ton Peek, all of ~hich were unsuccessful, and that he does not believe he will be able to Eot a concessionaire For 1955 under the present requirements for a flat bid price. Me. Webber moved to refe~ the ~attev to the City ~an~e~ to advertise bids fop a concessionaire for W~shtnEton Park on such basis as he considers to be to the best interest of the City of Hoanoke. The motion was seconded by Hanes and adopted. ~AT~ DEFARTI.~: The City Manacev'pmesented a letter from the WateP Department, advlsln~ that the new Peakwood Drive Booste~ Pu~i~ 8ration should be ready For operation on about Apvll 1~ 19~5, a~ tha~ the present booster Ru~lnE station w!ll be stripped a~ abandoned, that it has teen Fenerally understood that the easement Fo~ the present boo~tem punplnF station was to be released when the new pu~pin~ station was placed In service, and requestin~ Council to authorize the release of said ~asement to E~. C. W. Francis, Jr., sixty days afte~ the new pu~n~ station is placed in satisfactory operation. ~. Webbe~ moved to vefe~ the matter to a co.hitter conslstinE of LetFh B. Hanes, Jr., Herbert A. Davies and Arthuv S. Owens for study and recommen- dation. The motion was ~eco~ed by Mr. Waldrop a~ adopted. R~OHTS OF AC~ OF ~SIC: Council havlnK previously referred to a committee consiatinE of Messrs. Arthur S. ~.'en~, Walter L. YounF, LeiFh B. Hanes, Jr., Harry H. Yates ~d Hsndolph G. ~ittle the request of the Joint Civic Audltov[um Committee that Council authorize a bo~ issue ~n the amount of ~I,~CO,COO.OO fo~ the construction of a civic audltori~ in the southwest corner of El~ood Park to replace the Academy of Music, a~ the said co~=Ittee ha~in~ reported urger date of Februavy ~, 19~, that It recommends subniss[on of the question to ~e freeholders at the re.laP November election, and that if Council accepts that veco~endat[on, then the co~tttee recommends that It be authorized to consult with local architectural fl~zs to obtain from them proposals fop p~epavfnF the necesss~ prel~mlna~ study, plans and sketches and a more accurate estimate of the cost for the ~easons that the committee from fnfor=ation now z;allable doubts that the auditorium can be built For ~1,500,000.00 as previously estimated and that it believes that the voters should have full Infor~ation as to the size and type of butldin~ proposed, as well as some idea as to how It will look, before castlnF thei~ ballots fop or aFainst the proposal, and Council at its meetinF of February 7, 195~, having referred the matter back to the co~Ittee fo~ ru~the~ study and subsequent report, the co.liter reported that It held a public on February P~, 1955, at ~hlch time several citizens were present, and that It has not received any l~o~ation which would change its original views; therefore, its o~iFin~l report is aEaln presented to Council. 1'50 In this connection, Colonel L. D, Booth appeared before Council and stated that he is in opposition to the erection of an auditorium in Elmwood Park, feeling that the park should not have any further structures erected therein, but ~aintained for use o£ the people as a park; however,' the city should have a theatre type auditorium which could be erected in an7 number of other locations, Hr, Webber moved to receive the report of the committee and instruct the City Attorney to prepare an Ordinance, callin~ for a bond referendum for $1~500,000.00 £or the constr~ction of a civic auditoriu~ in the southwest corner of El~wood Park, said refarendu~ to be held in connection with the General Election in Nove~ber~ 1955, The ~otion was seconded by Mrs, Pickett and lost by the followir~ vote= AYES: Council ~e~bere ?ickett, ~eb~er and Youn~ .......... NAYS: Council ~e~ber~ Davies, Hanes, ~aldrop~ and the ?resident~ Mr. ~ood7 ..................... U~INISHED PUSI~SS: N0~. CONSID~-RATI0~ 0= CLAI¥S: N05~. INT~0DUCTION AS~ CONSIDFRATION 0F ORDINANCES A~ R~£0LUTIONS: ST~.rETS AND ALLEYS= Ordinance No. 1~3~9, permlttln~ the dedication for stre,t purposes of a strip of land on the north side of Hontvale Bo~d, S. ~., west o£ Tfllett Boad, and providlnE for the acceptance by the city of the dedication of said land for street ~uvposes, herinU pvaviously been before Csuncil for Its Pirst ~e~d~n~, read and laid over, was e~ain before the bod~, Mrs. Pickett offerl~ the followlnF PoP its second ~ead~nc and ~Inal adoption: (#1~3~9) AN OqDINAI;CE permltt~n? the dedication fo~ street purposes Leon R. Kytchen and ~race C. K~tchen of that part aP Lot P3, Block 1, Revised Map of ~everly Hills, of record in Deed ~ook 715, Pace ~h, in the Clerk's Oeflce of tke HustinFs Cou~t for the City of Roanoke, Vir~nia, as is bounded b~ po~nts 1, ~, 6, 10, 9, 5, 1, as shown on a n~p ~ade by C. R. Malcolm & Son, ¥1v~nte State C~rtlfled EnFtneers, dated Januav~ ~6, 1955, and provtdinF CoP the ~¢ceptance b~ the City of Roanoke, VlrFinia, of the dedication o£ said land Car street purposes. (For Pull text of Ordinance, see 0~dfnance Book Ea. PO, PaFe 377.) Mrs. Plckett zaYed the aaoption of the 0~dinence. The zotion was seconded by Mr. Hanes and adopted b~ the followtn~ vote: AYES: Council members Davies, Hanes, Pickett, Wal~rop, Webber, Young, and the P~esldent, Mr. Wood~ ................. 7. NAYS: None ....................... O. LICENSE TAX CODE: Ordinance No. 17331, lmposinE license taxes for the period April 1, 1955, to March 31, 1955, both inclusive, and each successive ~ear thereafter, on motor vehicles, trailers, and on co~on carriers b~ ~oto~ vehfcle~ restricted co~on eaPvle~s b~ ~otor Yehicle, contract carP!ere by ~oto~ vehicle and household ~oods carriers, havlnc previously been b,£ore Council fop its e~rst resdin~, read and laid ove~, was aFa~n b~fove the %od~, Mr. Web%er o~fePfn~ the followfn~ eom its second PeadinK and final adoption= (#1~331) AN ORDINAKCE izposlnE license taxes £ov the per~od April 1, 1955, to M~rch 31, 1956, both inclusive, and each successive year thereafter, on goods carriers; prescribing certain rules ar~ imposing penalties; and repealing Ordinance No. 9817 and Ordinance No. 9890, and mmendments thereto, (For full text of Ordinance, see Ordinance Book No. ~0, Page 378.} Hr. Webber moved the adoption of the Ordinance. The notion was secor~ed by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ................ 7.' KAYS: ~one MO~ION$ AND I{ISC~L~h~0US BUSII~£S: APPROVED 151 The Council of the City of Roanoke met in resular ~eetins in the Council Chamber in the H~nlcipel Bulldin~ Nonday~ N~ch 7. 19~ at 2{00 o~clock, P, ~., the re~lar ~eti~ hour, W~th the Prosident~ ~. ~oody, presidio,- PRiESt Council me~era Daviea~ Banes~ Pickett, Maldrop~ ~eb~, a~ the ~reaident~ ~. ~o~y .................. Thomas~ Clt~ Clerk. The aeetin8 vas opened with a prayer by the Bmvere~ Harold B. ~eu, Pastor off ~usan~s Baptist ~urch, ~oneta, NI~8~'~o~ies of the ~nutea off the re.lac meetings held on Februa~ ~1, 19~ ~ Pebbly aS~ 19~ havl~been furnish~d each member off Council, upon motion of ~. Ba~s. meco~sd by~. Davies a~ adopted~ the readi~vas dispensed vith a~ the minutes approved as recorded. ~ Nayo~ a~ounced that today is Student Ooveu~nt Day flor Lucy Addison Hl~ School a~ offffered ~ official ~eeti~ to the students vho had been chosen as me.ers o~ Council s~ officm~s of the gover~ent from the student body the school. B~-SCHOO~: ~. J. P. Cmicksha, Vice Chal~an of the Roanoke City School Board, appeared before Council and requested ~ additional appropriation of $11~,3~.OO to the 1955 school budget, ~. C~icksha~ advial~ Council that on the basis of the School BoaSts present instructional payroll the appropriation for salaries contained In the 19~5 budget Is S~,~60.OO below actual requirements, a~ that to employ fourteen additional teachers to take care of the 800 additional students For the Fall tam will require $16,6OO.OO usl~ the 19~ sala~ schedule, a~ that the remal~er of the $11~,3~.OO requested la for an improved aala~ schedule for 19~ for lnat~ctio~l personal. ~. Waldrop moved to t~e the request u~er consideration and that the matter be placed on the agenda for the ~xt ~la~ meeting of Oouncll. motion was seco~ed by ~. Webber ~ adopted. P~ITIONS A~ CO~NICATIONS: ~TR~ ~IG~S: A co~nication From the ~outheast Civic Lea~e, requestl~ that a street li~t be installed at the corner of 11~ Street ~d Hontrose Avers, S. E., to provide ll~t at a bus stop, was before Co~cll. ~s. Pickett ~ved to refer the request to the City Hanager for study reco~ndation. ~e ~tion was seco~ed by ~. Waldrop and adopted. STR~ LIG~S: A comunication from the Southeast Civic ~a~e, advisi~ that there is lns~flcient light at a bus stop directly east of ~ena Vista Recreation Center on~rnl~side Street, S. E., ~d requeatl~ the removal off a street ll~t from a pole no~th of this point to a pole adjacent to said bus stop, was before Co~cil. · Re. Yaldrop moved to refer tho matter to the City Hsnsger fop study and recomm~ndatien. The motion was seconded by F~. Hanes and adopted. DOOSt A co~=unication f~om residents of the Villa Helshte section, request- ins action for the relief of a nuisance caused by dogs running at la, ge in the · area~ was before Council. Hr. Banes moved to instruct the City Clerk to advise the petitioners that if they will furnish specific tnfo~mation concernins the violations by doge, lncludins the names of the oYnera of such dogs, to the proper admin~strativa officers, the city ¥111 be in a position to t~ke some action in the matter. The motion was seconded by lit,. Davlea and adopted. ~TRE~TS A~D ALLEYS: A communication from Hr. Luther E. Terr~, requestins that thecity pave Yardley Drive, N. W., was before Council. Re. Waldrop moved to refer the request to the City Manager for study and raco~endation. The motion was seconded by H~. Davies and adopted. ~?REET LIGHTS: A con~unication from the Appalachian Electric Power Company, transmittin~ a report showing the installation of four P~00 lumen street lights in the City of Roanoke during the month of February, 19~, was before Council. The co~unication vas ordered filed. BUDgET-CITY SERGFANT~ A co~munication from the City Sergsant~ tranamittin~ a copy of a certified order of the Hustings Court which orders Fixing of the salary of the City Ser£eant for the calender year 19~ at $~,500.00, and also advislr~ that the award o~ the State Compensation Board for the year 19~ increased the salary of a deputy in hie office by the amount of $~00.00~ which amount has not been appropriated by Council, was before the body. H~. Webber moved to refer the matter to the City Attorney for an opinion~ citing the effect of the Court Order on the City of Roanoke and on the Compensa- tion Board..The motion ~as seconded by Hr. Hanes and adopted, FIRE DEPARTMENT: Council having previously referred tn the City Manager the question o£ conetructin~ a fire station in Garden City for study and estimate of cost, he presented plans for a proposed fire house to be e~ected on the lot presently o~ned in Garden City for that purpose, the central portion of which could be erected to serve as a volunteer fireman's headquarters at the present time at a cost of approximately $13,~00o00, and the remainder of which could be' built at a later date to provide, for a regular paid fire statlon~ the City Manager further advising that It is the plan of the Fire Department to change the alarm system in Garden City to provide a better system of notifying volunteer firemen off alarms. Re. ~ebber stated that since there are apparently two ~u'oupa in Garden City concerned with the fire station, one requesting that a volunteer fire station be built and another requeetin~ that a permanent fire station~ with paid firemen, be erected, it will probably be best to delay action in the matter. In this connection, Hr. H. F;Clin~enpeel, a resident of Garden City~ appeared before Council and stated that he had been one of the main proponents for the erection of a pe~uanent atation~ with a paid Fire Departmentl but that if this could not be accomplished under present budget limitations, he would like to have the plan presented by the City Hana~er carried out and a volunteer station erected at this time. H~. O, E, Willi· and Ne, ~. W. Wsbb both appo·r·d in support of. Ne, Cllngenpeel~ o remarks. Hr. Webber moved to take the matter under consideration. The motion was seconded by Hr. Hanes and adopted by the followl~ vote~ AYES~ Council member· Davies, Hanes, Webber, and the President, Hr. Woody ............................................................. 4. RAYS= Council members Pickett and Waldrop ................ 2. (Hr. Young absent) TRAFFIC= The City Eon·get presented · report of · survey that has been made over · period of weeks and · subsequent study concerning various speeds of vehicular traffic in the City of Roanoke, making certain recomendationa for the establishment of new speed sones in the city, which he reco~maended that Council adopt. Hr, Webber moved to refer the matter to the City Attorney with instructions to prepare an Ordinance, providing for the changes aa recommended. The motion was seconded by Mr. Davies and adopted. NUNICIPA~ BUILDING: The City Hah·get presented a study of the cost of telephone service for the City of Roanoke, advising that the study indicates there will be an additional cost of $?~1.00 per month in direct coat to change from the present city switchboard system to direct lines for each department. Hr. Davies moved to take the report under consideration. The motion was seconded by Hr. Waldrop and adopted. CITY GARt, GE= The City Manager reported that he has been studying and analyzing the cost of repairing the city's motor vehicular equipment at the City Garage, Plre Department and the Water Department vehicles at private garages and that his study indicates a cost of $260.2~ per vehicle per annum at ihs City Garage, $1~O.2~ per vehicle per annum in the Fire Department and $~0§.00 per vehicle per annum for Water Department vehicles repaired at private garages, the City Manager further stating that he is continuing his study and will make a further report with recom~endations to Council at a later date. Hr. Hanes moved to concur in the report of the City Manager. The motion was seconded by Hr. Davies and adopted. BUDGET-CITY GARAGE: The City Manager requested an appropriation of $1,12~.00 for the purchase of three gasoline pumps to be installed at the City Garage. Hi,. Webber moved to concur in the request of the City Manager and offered the following emergency Ordinance= (~1~336) AH ORDINANCE to amend and reordain Section ~1~3, ~Departmental Equipment and improvements", of the 1955 Appropriation Ordinance, and providing (Pot full test of Ordinance, see Ordinance Book No. 20, Page 381.) Hr. Webber moved the adoption of the Ordinance. The motion was seconded by Hr. Hanes and adopted by the following vote= AYES= Council members Davies, Hanes, Pickett, Waldrop, Webber, and the President, Hr. Woody .............. 6. ~AYS= Hone ................ O. (Hr. Young absent) SEWER CONSTRUCTIONt A ~equest from H~. J. ~. Hale for the constrUction of sewers In tim Idlewlid Park area, presented to Council at its meeting of Ja.nua~y 10, 195~, havinsbeen refer~cd to the C~ty ~a~e~ for a study of the areas Mlth a VlO~ of tho propa~atlon of a 8owo~ p~oJect to covo~ tho entire area on an assees~nt ba818~ a~ Fop a ~epo~t off his roco~at$ons~ tho City HanaBe~ ~eported that a study has been ~de of the Idle~lld-Ke~ood section that to const~ct a ee~er In tho area on an assessment basis ~ould cost mately $~00~.~, of ~lch one-third ~ould be ~etu~ned to tho city ~en assess~nto a~e paid. Hr. Dav~eo moved to reFe~ the matte~ to the 1~ Budget study sessions. The ~t~on vas seceded by Hr. ~aldrop a~ ado~ted, ST~ LIO~z ~e C~t7 ~sna~e~ presented a repo~t, reco~e~l~ the ~nstellation of t~o street ll~t8 on tho tee turns on Ninth St~eet~ N, E., north of tho b~ld~e at Ninth Street a~ Norfolk Avenue, S. E., nea~ the property the American Br~dto Co~a~. ~. Hanes moved to coflcu~ In the reco~endation of the Clt7 H~e~er offered the follo~l~ Resolutlon~ (~]]7) A ~OL~IOH autho~zin~ tho installation off t~o 2~00 l~en overhead lnca~escent street ll~t8 at the t~o turns onHlnth ~t~et, H. north of the b~ld~e at H~nth ~treet a~ ~orFolk Avers, ~. E., on Pole ~-70~ and Pole No. ~-707~, ~espectivelT. (Fo~ ~11 text of ~esolution, see O~lnance Book Ho. ~0, Pa~e ~1.) HP. H~en moved the adoption of the Resolution. The motion ~as seceded by ~. Davies and adopted by the Follo~i~ vote: A~ Council members Davies, Hanes, Pickett, ~aldrop, ~ebBe~, and the President, H~. ~oody .............. NAYS: None ................ O. (H~. You~ absent) THk~IC~ Council havin~ previously referred to the City Han8~e~ study, estl~te of cost ~d reco~endation the matter of lnsta111~ receptacles on the parkin~ meters ~herein ci~lzens mi~t deposit ~elv pavkin~ ticketa fines) the City Hana~ev reported that he haa made arran~ements fo~ the lnstallatio of three such receptacles In the city on a t~lal basis For ninety day~ at an estimated cost of ~0.~. ~. Davies ~ved to co~u~ In the report of the City Hana~ev a~ to l~t~u( the City ~na~e~ to discontl~e the use of such ~eceptacle8 a~te~ the ninety day t~l~ period. ~te~ some discussion, ~. Webbe~ offfered a ~otion to concu~ In the report o~ the City ~naEer. ~e motion ~as'seconded by H~. Hanes and adopted by the follo~l~ vote: A~: Council me~bers Hanes; Plckett~ ~Rldrop and ~ebbe~ ......... N~ ~. Davies) a~ the President, H~. ~oody ...... ~. (Hr; Youn~ absent) A~IT~-~HI~ A~ DO~TIC H~TIONS CO~ The City Hana~e~ presented a report off an audit of the Juvenile ~d DoMstic Relations Cou=t, covevl~ the period Au~st 7-~cember ~1~ 19~, as prepared by the Aud~to~ off ~blic Accounts off Vlv~lnia, uhich report stated that prope~ accountl~ had been ~ade ffo~ funds of ~eco~ co~n~ into the custody off the Court du~ln~ the period covered. Tho report ~as 156 the widenin~ o~ 8ale~ Avers a~ ~lden~ a~ i~vements to ~llliuson p~epared by the Dlrecto~ of ~ublic ~o~ks~ ~lth estimated costs as roll.st ' P~oJect ~o. I -- To ~ldenSalem Avenue 13 ~eet on ~rth side from Jefferson 5treat to First Street, . Project No. E -- To widen Salem Avenue 10 feet on ~th side ~m Fl~mt Street to Second 8treat, ~roJect No. 3 -- ~idenin~ a~ l~ve~nt on ~ll~on Road f~om O~la~ Bouleva~ to No~th Co~o~ate Limits 166,~P7,~0 the report pointins out ~at the ~rat Federal sndatate ~s available to the City off Roanoke ~lll be efffective on July 1, 19~, and reco~e~l~ that FroJect No. 1 be authorized l~ediately so that ~ork m~y be started on the plans at an early date to assure completion of the project aimultaneousl~ ~th the co~letion of the Jefferson Street Grade Crossin~ Eliminat~on Viaduct a~ ~roJect. ~. ~ebbe~ ms, ed to ~nst~ct the Clt~ Attorney to p~epare the ~cessa~ O~lnance to set up the project For ~ldenin~ Salem Avenue thirteen feet on the north side ffrom Jeffferson Street to First Street, S. ~. ~e motion ~as seceded by H~. Hanes ~d adopted. · ~S: The C~ty Hanaser presented a memora~um From the Co~ssioner Health, reco~nding that O~inance No. 117~7, enacted by Council on the l~th day o~ Hatch, 1~, be ~e~ed to provide flor the vaccination of do~s on a ~-yea~ basis ln~tead off on an s~ual basis, a~eliminatinS From the retirements vaccination do~s u~e~ Five months o~ a~a, by reason of the Fact that vaccines a~al~t the vaccination of dogs under five months of H~. ~aldrop moved to concu~ tn the reco~endstio~ of the Clgy and to instruct the City Attorney to prepare the necessary Ordinance, amendln~ the present lay. The motion vas seceded by ~s. Pickett and adopted. STATE HIG~AYS ~ITHI~ CI~ LIHITS~ A co~unication from ~. J. C. Roberts Route 1, Roanoke~ Vl~inia~ ~equestinZ that the hill on ~henando~ Avenue~ between Thirtieth Street and Thirty-~econd 5treat, be cut do~ ~hich vas barfers Council at its meetin~ of Feb~ua~ ~8, 19~, havin~ been refe~ed to the City Hanate~ ffo~ study and reco~e~ation, he reported '~at the cost of Shens~o~ Avenue ~d eliminati~ the hill In question vould approxt~te $10~000.OO~ a~ that In addition thereto~ the city vould be liable ffo~ damages to ~e p~operty ovner~, vhich In his Jud~ent ~ould be considerable, the City Hana~er Further statlnt that although the proposal is a ae~Ito~lous one, he ca~ot po~sibly race,end It because of budget limitations. . Hr. Hanes moved to concu~ In the repo~t of the City Hana~er. ~e motion vas ~eco~ed by ~. Davies and adopted. U~INIS~BUSI~S: A~ORY-~ CONST~U~IONI Bids ffo~ the const~ction of sanitary seve~ and Council at its meeting of Pebbly ~8~ 19~ ~d referred to Hess~s. Arthur ~ens, Jo~ L. ~ent~o~th a~ H. Cletus Broyles for tabulation, the tabulation vas submitted to the body~ shovin~ the bid of Glabe~t and Gimbert~ Incorporated, at President, Hr. Woody ............ NAYS: Bone .............. O, (H~. Young absent) ZOMIRG~ A petition from Charles M~ ~her~lll and Temple E. Sherrlll, re- questing the rezoning of a portion of their property located on Franklin Road, R. W., designated as Official No. 1300~01, from General Residence District to Business District, having been presented to Council at its meeting of June 1~, 19~, and referred to the City Planning Commission for study and recommendation, the City Planning Commission reported that in the opinion of the Co~aission rezoning of the said property would result in spot zoning and that there is no need or necessity for extending the business area along Franklin Road beyond the present established Business Dletrict~ therefore, it is the recom~endation of the City Planning Commission that the request be denied. The City Clerk advised Council that Mr. Sherrlll has requested that a public hearing in the matter he held. Mr. Webber moved to hold a public hearing on the question of rezoning the property of Hr. Sherrlll at 2:00 o'clock, p. m., April ~, 19~, in the Council Chamber. The motion was seconded by Hr. Waldrop and adopted. CONSIDERATION OF CLAIF~: INTROI~JCTION AND CONSIDERATION OF 0RDINANCF~ AND RESOLUTIONS: NONE. HOTIONS A~D HISCELLAI~EOUS TRAFFIC~ lit. Waldrop stated that he has observed motor vehicles backing into the highways within the city from business property located along the highways and that in his opinion this creates a considerable traffic hazard and moved to refer the matter to the City Manager for necessary action. The motion was seconded by Hrs. Pickett and adopted. GRADE CR0$5ING~-SCM00LR: Hr. Webber stated that he has read the School Board's report on new schools needed and feels llke Council should give consideration to selling the viaduct bonds to pay part of the cost of the viaduct and withdraw $350,000.00 from the Improvement Fund account for bridge construction which funds have been advanced from the General Fund, said ~350,000.00 to be made available to the School Board in the form of an advance against future bond issues if the Board would like to have the money for immediate ~chool improvement purposes, and moved to instruct ~he City Clerk to write the School Board and ascertain if they would accept an advance of $350,000.00 for lm.~ediate school improvement purposes to be repaid from bond funds after the school bond referendum le over. 158 P~, B. Bo Harden appeared before Council and stated that a previous Council had made a promise to the public not to sell the viaduct bonds unless it was ncccsaar~ for the erection of the viaduct. Affter some discussion, Mr. Hanes offered a substitute motion to table the matter until the next regular meetin~of Council and to request the City Attorney to adviss Council whether or not in his opinion it would be legal to recover the S3~0,00~..00 advance suggested by H~. Ysbber from · ~uture school bond issue. Thc motion was seconded by Hrs.' Pickett and adopted. There being no further business, Council adjourned. APPROVED COU~CIL, REGULAR ~ETI~ Monday, March 14, 19~. The Council of the City of Roanoke ~et in regular ~eetin6 in the Council Chamber in the Municipal Building, Honday~ March 14, 19~5~ at 2~00 o~clock~ the regular meeting hour~ with the President~ H~o Woody, presiding, PRESE~Tt Council members Davlee~ Hnnes, Pickett~ Waldrop, Webber~ and the President, Hro Woody ..................... ABSBN~ M~o Youn~ ................ OPPICERS PRESENT~ ~. Arthur S, Owens~ City Manager, H~. Randolph ~hittle, City Attorney, Hr, Harry R. Yatea~ City Auditor, and Mr. J. Robert Thomas, City Clerk. The nearing was opened wlth a prayer by the Reverend M. A. Painter, Retired Baptist Minister. MIh~JTES~ Copy of the minutes of the regular meeting held on Monday, March 7, 19~, having been furnished each ~e~ber of Council, npon motion of Mro Naldrop, seconded by Mr. Davies and adopted, the readinS was dispen~ed with and the minutes approved as recorded. The Mayor announced that today le Student Ooverr~ent Day for Senior High School and offered an official ~reetir~ to the students who had been chosen as members of Council and officers of the municipal Eovernmant From the student body of the school. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE, PETITIONS Al~ CO,~UNICATIONS: ELECTIO.~ A co.~unicatton from the Electoral Board of the City of Roanoke, reco~endin~ that the South Roanoke area be divided into three p~ecincts replacing the present two precincts, that the Raleigh Court ares, which lnclude~ Wasena and Grandin Court, be divided lnto eiEht precincts instead o£ the present eix, that the dividing line between the Vllla HeiEhts and ~eshington HeiEhts precincts be moved Further east in order to equalize the votin~ population in the two precincts, that Williamson Road area be divided Into Flve precincts instead of the present three, and requeatln~ that these chan~es be made aa soon as possible in order that proper prep~ratlo~ can be made For the Presidential election 19~6, was before Council. Hr. Webber ~oved to refer the request to the City Att6r~ey with instruct/on! that ha prepare the necessary Ordinance, eFffectin~ the chan~ee requested by the Hlectoral Board, said Ordinance to be presented to Council at the earliest date Its adoption would be legal to effectuate the chan~ea as of January 1, 19~6° The motion was seconded by Mr. Hanes and adopted. MAHEH FIELD: A co~munlcation From P~'. Benjamin Lo Campbell, President of the Piedmont Lea~e, advising that it ml£ht be possible to place a Franchise the Piedmont LeaEue in Roanoke this year, was before Council. MI-. Webber moved that the comunication be flled. The ~otion was seconded by Mr. Waldrop and adopted. ZONINO~ A communication from the Kroger Company, requesting that Lots 1-11, inclusive, Block 26, Belmont Land Company, located on the east side of Ninth Street, S. ~.~ between Bullitt Avenue and HiKhland Avenue, be resoned From Special Residence District to Business District, was before Council. 159 I60 Hrs. Pickett moved to refer the ~equ~.t to the City Pl~n~l~ Comiselon' 'for study and"~eco~endationo "~e motion vas seco~ed by H~, Davi~s ~ adopted. 5~ C~B A~ G~ CONSTRU~ION~ A co~unication ~ ~. O. ~. Cole~n, ~e,, statin~ that the ho~ oe~rs In the ~ a~ 700 blocks o~ ~taunton Ave~e~ N. ~., are p~pared to deposit seventy-five pe~ cent o~ the curb ~d ~tter asaesa~nta agal~t thel~ property, but that the approp~lation fo~ this york la i~ficlent to include their atreet~ a~ requeatins Council to appropriate additional fu~s, vas before the body. ~. Hanes moved to refe~ the request to the City HanaKe~ ffo~ study and reco~ation a~ that the City Hana~e~ advise Council the approximate ~ount off money ~lch v0uld be required to construct sidevalk, curb a~ ~tte~ to meet the petitio~ heretofore filed a~ vhich are In excess off the Funds available the 19~ budget. ~e motion vas seco~ed by ~. Davies a~ adopted. ~ID~K, C~B ~ G~ CONSTRU~ION: A co~unication froa ~ouck a~ Co~pa~, Incorporated, requestin~ that Council authorize the City Hana~er to construct a aidevalk on the vest side of Jefferson ~treet extendin~ ffrom Houck ~ Company's north property line southva~ to HcClanahan 5treat, vas beffore Council. Hr. H~es moved to reffe~ the co~unication to the City Hanate~ for study and reco~endation. The motion vas seco~ed by H~. Davies and adopted. ZONING: A petition ~roa property o~er~ on both sides of Thirteenth Street, S. ~.~ bet~ee~ ~asena Terrace a~ Cleveland Avenue~ asking that thel~ property be rezoned ff~m Special Residence District to ~sinesa Dl~trict~ ~as before Council, H~. Hanes ~oved to refer the ~equest to the Cit~ Pla~inK Co,lesion for study and reco~endatlon. The motion vas ~econded by Hrs. Pickett a~ adopted. ZONING: A co~unication from Hr. Allen ~. Ho~ell~ requestin~ that h~ be pe~ltted to ~lthd~sv a prior co~unication submitted to Council at its meetin$ of Febru~ aS, 19~, in ~hich he requested that his property located on the ~orthesst co~ner of Helrose Avenue and Palm Street~ N. ~., be ~ezoned From General Residence District to Business District, vas before the body and concurred R~O~TS OF O~IC~S: ~AT~ D~F~T~: In coapliance ~lth a previou~ request of Council, the City Hana~e~ notified the body that the lease on the property at ~1~ Patterson Avenue, ~. V., bein~ used as a temporary operations bulldin~ ffo~ the ~ate~ Department, rill expire ~y 10, 19~, and that the ~ater Department rill move to its ney building on Hollins Road prior to that date, fu~the~ that prope~ notice has been ~lven to the lessor that the lea~e rill not be rene~ed. The ~epo~t ~as Filed. STR~S A~ ~L~S: A co~vnication from H~. Luthe~ E. Te~y, requesti~ that Ya~ley D~i~e, N. V., be paved, having been before Council at its meetlnK of Hatch 7, 19~, and referred to the City Hanage~ for study a~ report, he ed that Ya~ley Drive i~ an area In ~hich rater l~ou~s in ~everal places vith no drain available and that he does not believe curb ~d Kutte~ can be constructed alon~ some of the street, consequently, he can offfe~ little encouragement peasant pavin~, but that the p~o~ ~o~ the 19~ ~e~ sea~on rill provide ~ome relief in the 3~ block.. prescriptions fllled and 28~ treatments given, as compared with 620 office calls, 68~ prescriptions filled and 313 treatments given for the ~onth of February, 19~. The report ~ae flied, R~ORT$t The City Hans[er presented a mitten report on the operation of the Roanoke Hunlclpal Airport for the mouth of January, 19~SJ also, written reports from the City Harket, the Delinquent ?ax Department~ the Department of Buildings, the ~lcctrlcal Department and the Purchasin~ Departasnt for the month o~ Feb~a~y, 19~. The reports ~ere f~led. ~AT~ DE~: The City ~an~er hav~n~ recovered to Council at its ~eetlnE of February ~8, 19~, that ~t authorize the ~elease of an easement on ~ort~on of ~t I~ as sho~ on the ~ap of ~Prospect ~[lls, ~t~ of ~ectlon J' made by ~attern a~ ~ttern, ~nee~, dated ~ay ~, I~, ~hlch easement ~a$ ~anted by C. ~. Francis, ~., e~ ~yrtle ~. Fr~nc~s~ hi~ ~Fe, unde~ date o~ ~enuar~ i~, i~8, for the Fea~ood Dr~ve Booster ~pln~ ~tatlon, such release to Be made sixty day~ after the n~ ~ea~ood Dr~ve Booster ~In~ ~tatlon ~thu~ S. ~en~ for stud~ ~ reco~e~at~o~, the co~Ittee reported t~at after ~ careful survey of the reco~ It i~ of the opinion that no h~r~ ~ill co~e to the clty ~y release of the e~e~e~t a~ that there ~culd ~e no reason ffo~ the c~ty to retain ~a[d ~r. ~ald~p ~oved to concur ~n the report of the committee and to instruct the C~ty ~tto~ney to prepare the proper release o~ the e~se~ent. ~e ~ot~on seconded by ~. Day,es s~ adopted. ~-SC~O0~ ~ouncll h~vln~ ~revlou~l~ received Fro~ the ~os~ke ~chool Board ~ ~equest ffo~ ~ ~pp~op~lat~on off ~ddltlonal ~ to ~ts a~ at It~ meetln~ of ~anoa~ IO, 19~, havi~ requested that ~essrs. ~rthu~ ~ens, H~rry ~. Yates a~ ~a~olp~ ~. ~[ttle conFe~ ~th the c~ty school sd~Inlst~atlon and the ~tste Department of ~duca~on to determine ~hether Cou~cll ~st ~pproprlste ~dditlonal f~nd~ to the i~ ~chool Budget In orde~ tc be el~ible fo~ maximum ~t~te ~r~ts ffo~ pu~c education, end the ~chool ~d ~t the Council meetln~ of ~arch 7, I~, havln~ suB~tted to Cou~c~l an sdd[t~onal re~e~t ~o~ an approp~latlon of $~i~,]~.00 ~o~ the current yea~, ~Ich request ~a~ la~d ove~ pendln~ receipt of the report of the committee, the co~ttee submitted It~ re~ adv~sin~ that a~ a result of ~ts atudie~, ~t believe~ that the 1~ spp~op~iation ro~ l~t~uctio~l costs should be ~uf~ictent to meet all present cont~acts~ changeable to l~t~uctlon, and to ~lve the required a~ual lncreaent ~alses~ accordln~ to p~esent salary schedules, fo~ the cale~ar xea~ 19~, provided Council rill supplement the app~opriation In the ~o~t of H~e. Flckett moved to file the report of the committee and offered the following emergency Ordinance~ appropriatin~ $1,000.00 to the Administration account and ~55,000.00 to the Instruction account o£ the 1955 School Bud~et~ (~12319) AN ORDINANCE to amend and reordain Section ~1~0, "Schools", of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordina~ce, sea Ordinance Book No. 20, Pa~e 382.) Hrao Pickett moved the adoption Off the Ordinance. The motion was seconded by Hr. Hanea and adopted by the following vote= AYI~S= Council members Davies, Hanes~ Pickett, Yaldrop, Webber, end the President, Hr. Woody ................. 6. NAY~ None ...................O. (l/r, Young absent) In this connection, H~. Jo Barclay Andrews, Chal~en of the Roanoke City School Bosrd, advised Council that with the additional appropriation the School Board has less money per pupil for operation of the schoola than in previous years and less than is now needed. BO.UDS-GBADE CROSblNGS-SCHOOLS~ Hr. Webber at the meeting of Hatch ?, 1955, having moved to instruct the City Clerk to write the School Board and ascertain if the Board would accept an advance of $350,000.00 for ir~uedtate school improvement purposes, to be repaid from bond funds after the School Bond ~eferendum is over, and the motion having been tabled until the next regular meeting of Council on Hatch 1~, 1955, at which time the City Attorney was instructed to advise Council whether or not in his opinion it would be legal to recover the $350,000.00 advance from Future school bond issues, the City Attorney advised the body that in his opinion such recovery could be legally made; where- ' upon, Hr. Webber moved the adoption of his original motion. The motion was seconded by Hr. Hanes and adopted. CONSIDERATION OF CLAIMS: NONE. INTBODUC?IOH AND CONSIDERATION OF OP[DINANCES AND RESOLUTIONS~ DOG$~ Council at its meeting of Harch ?, 1955, having instructed the City Attorney to prepare the proper Ordinance, amending Ordinance No. l1737, adopted on Hatch 16, 1953, to provide for the vaccination of dogs on a 3-year basis instead of on an annual basis, and eliminating from the requirements of vaccina- tion dogs under five months of age, he presented same; whereupon, Hr. Hanes moved that the following Ordinance be placed upon its first reading: (#123h0) AR ORDINANCE to amend and re-ordain Sections ~, 5 and 1~ of the Dog Immunization Ordinance. BE 1T ORDAINED by the Council of the City of Roanoke that Section 2, 5 and 12 of the Dog I~unization Ordinance be, and each of said sections i s hereby, amended and reordained so as to read and provide as follows: Section 2. It shall be unlawful for an owner to allow a dog to run at large in the city unless such dog has been vaccinated within three years prior to the first day of July of each year, either at a clinic established by the Commiss- ioner for the purpose or by a licensed veterinarian authorized to practice vet,ri~ nary medicine in the State of Virginia. A charge shall be made for the vaccination of dogs at the clinic which shall net exceed the actual cost of vaccination; except that in any case where such charge will result in a demonstrable undue hardship ripen an owner, such charge shall not be made. Section ~. At the time · dos is vaccinated, a certificate of such fact shall be issued to the owner, which shall contain a deecriptio~ of the do~, the name of thc owners the date on which such vaccination took place and the type of vaccination used~ which shall be signed by the veterinarian~ho vaccinated the ~o~. Every owner epplyir~ for a license for a dog shall exhibit to the Treasurer the certificate so issued showinS that the dog was vaccinated at some time during the three years immediately precedin~ the day on which the license is issued. Should the owner fall, refuse or neslect to so exhibit such certificate to the ?reasurer, the Treasurer shall, naverthaless~ Issue the license but shall record such fallura~ refusal or neglect on the record of the issuance of the license in his office and shall on the day followinS the issuance of the license report such failure, refusal or neglect to the Co~ltseloner. Section 12o The Co~lsaloner is hereby authorized to establish · clinic or clinics at such place or pieces in the city as shell be designated by him and to operate such clinic or clinics durln~ such time or times during each year as he may deem necessary to afford the owner or owners of dogs an opportunity to have them vaccinated as required by this ordinance. The Commissioner shall establish such clinic or clinics es soon as practicable within ninety days from the effective date of this ordinance, and it shall be unlawful for an owner to allow a dog to run at large In the city after the establishment o£ such clinic or clinics that has not been vaccinated within three years prior to that day either at such clinic or by a licensed veterinarian authorized to practice veterinary medicine in the State of Vlrginla. The motion was seconded by Hr. Waldrop and adopted by the following vote: AYES: Council members Davies, Hanes~ Pickett, Waldrop, Webber, and the President, Hr. Woody ................. 6. NAYS: None ................... O. (Hr. Young absent) STR~'ETS A~D ALLEYS: Council at Ira meeting of February 28, 1955, having deferred action on the application of the Trustees of Villa Heights Baptist Church, requesting Council to vacate, discontinue and close a certain 10-foot wide alley located in Section 9, Hap of Villa Heights Corporation, pending the obtainin~ of a deed for a portion o£ the rear of Lot ~5, Section 9, Villa Heights Hap, in order to provide a radius for improvement of the alley, and the preparation of proper Ordinances by Hr. P. Bodnay Pitzpatrick, Attorney for the Trustees of Villa HeiF~hts Baptist Church, the City Clerk presented the deed and Ordinances as prepared by Hr. Fitzpatrick and approved by the City Attorneyl whereupon, Hr. Hanes moved that the following Ordinance, vacating, discontinuing and closing the alley, be placed upon its first reading: (~1~41) AN O~DINANCE vacating, discontinuing, and closing a certain ten- foot wide alley located In Section 9, on the Hap of Villa Heights Corporation~ beginning at a point on the southerly side of New York Avenue and running along the easterly side of Lot 9, Section 9, of said map, to a point at the southeast corner of said lot, thence in an easterly direction across said ten-foot Wide alley to a point on the rear lot line of Lot 13, thence in a northerly direction along the rear lot line of said Lot 13, Lots 12, 11 and 10, Section 9, to a point on the southerly side of New York Avenue, and being arproximately 160.~3 feet In length. 16-3 16'4 VH]!IR]L~ Po J. iiron, C. O. Coleman, C. B. Conner~ and ~. Rodney Fitzpatrick, Trustees of Villa Heights Baptist ~hurch~ have heretofore filed · petition before the City Council in accordance with law, requesting the Council to permanently vacate, discontinue~ ·rd close the hereinafter described allsy~ and hr~EREAS, by a resolution adopted by the Council, viewers were appointed by the Council to determine any~ and if any, t~nat inconvenience would result from vacating, discontinuin~ and closir~ said allay or right-of-way, and WheREAS, Dewey R, Robert·on, To Howard Boyer~ and Jo Wa Elliott, three of said viewers who were authorized by said resolution t~ act~ have viewed said alley and filled their report, reportinff that no inconvenience would result except to motor vehicles whose turning area in an existing alley would be restricted~ and I4H]~EAS, the Plannir~ Cor~lssion of the City of Hoanoke has considered and approved the said petition o£ the ~rustaee of Villa Heights Baptist Church subject only to · requirement that a small portion of Lot P~, Section 9, of the Hap of Villa Heights Corporation, be obtained for alley widening purposes, and I41{]~EAS, said ob~ections OF the viewers and the Planning Co.~mleslon have been satisfied by the dedication to the City o£ HO·hake o£ · small portion of said Lot ~, Section 9, of the Hap of Villa Heights Corporation, to allow adequate turning ·rea in the remaining alley in said Section 9, of the Hap of Villa Heights Corporation, and ~EAS, a public hearing was held on February 28, 19~, by this Council on the said petition and no obSections were heard to the closing of said alley, and %~HEREAS, the said Trustees o~ Villa Heights Baptist Church have agreed to bear and defray any costs incident to thls ~roceeding, including any cost in the removal, replacement, or relocation of sewer lines located In ~eid alley, and ~'~EAS, no inconvenience to the public will result £ro~ closing or vacating said alley. Th~qEFO~E, BE IT O~DAINED By the Councilor the City of Roanoke that a certain ten-foot wide alley loc·ted in Section 9, on the Hap ~£ Villa Heights Corporation, beginning at · point on the southerly side of ~aw York Avenue and running along the easterly side of Lot 9, Section 9, of said map, to a point at the southeast corne~ Of said lot, thence in an easterly direction ·cross said ten-foot wide alley to a point on the rear lot linc of Lot 13, thence in a nor~ direction along the rear lot line of Lot 13, Lots 1~, 11 and 10, Section 9, to a point on the southerly side of ~ew York Avenue, and being approximately feet in length, be, and the same is hereby permanently vacated, discontinued and closed, and that all right, title, end interest of the City of Roanoke and the public in and to said alley is hereby released, insofar as the Council is empowered so to do. BE IT FURT/~rJH ORDA[h~D that the City Engineer be, and he is hereby dlrected to mark ePermanently Vacated, Discontinued, and Closed" the herein described alley on maps and plats on file in the orifice of the City Engineer of the Clgy of Roanoke, Virginia, on which said maps ·nd plats said alley ia shown, referring to the book end page of Resolutions and Ordinances of the Council of the City of Bo·hake wherein thls Ordinance shall be spread. BE IT FURTHER 0F~AINED that the Clerk of this Council deliver to the Clo~k of the Husting Court for the City of Roanoke~ Vlr~lnia, a Copy of this Ordinance in order that ~aid Clark ~ay record same. and that said Clerk of the Hustings Court of the City of Roanoke may make proper notation on all ~epa and pl~ts recorded in his said office upon ~hich are shown the aald unnamed alley herein permanently vacated, discontinued and closed aa provided by law. The motion was seconded by Hr. Waldrop and adopted by the followir~ vote= AYES: Council members Davies. Hanes~ Pickett, Waldrop~ Webber. and the President, Hr. Woody ..................... NAY$~ ~one ....................... b, (Fa% Young absent) Hr. Davies then moved that the following Ordinance. accepting the deed for a portion of the rear of Lot ~, Section 9, Villa Heights Hap~ be placed upon its first reading: (~12~4~) AN 0HDIHANCE accepting for dedication for public use for alley widenin~purposes a sm~11 piece of land, being the northeasterly corner of Lot 2~ Section 9, Hap of Villa Heights Corporation. W'dE~EAS, William Admms Warren and Euna Williams Warren have tendered to the City of Hoanoke a deed dated February RS, 1~5~, conveying a small northeasterly corner of Lot 25, Section 9, Hap of Villa' Heights Corporation, more particularly described in said deed, and WHEt~EAS, the ?1arming Co~=aission of the City of Hoanoke has recommended that this piece or parcel of land be obtained by the City of Hoanoke for allay widenlnE purposes as a prerequisite to closing a part of the alley located in said Section 9, Hap of Villa Heights Corporation, upon the petltion of the Trustees of the Villa Heights Baptist Church. THi~.~0HB, BE IT ORDAIh~ED by the Council of the City of Hoanoke that the land conveyed by a certain deed dated February ~8, 1~55, from William Adams Warren and Euna Williams Warren be accepted by the City of Hoanoke for dedication for public use for alley wldenin~ purposes, and the City Clerk is directed to accept said deed for the City of Hoanoke and record the sm~e in the Clerk*s Office of the Hustings Court for the City of Noanoke~ ~hereln such deeds are recorded. The motion was seconded by Hr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, and the President, Hr. Woody ...................... 6. NAYS: None ........................ O. (H~. Young absent) HOTIONS AND HISCF/~AKEOU~ BUSINESS= ZONING: ~m. Arthur E. Smith, Attorney for Hr. Edward ?. Herndon, appeared before Council and requested that Lot 10 and the eastern 32 feet of Lot 11, Block 17, Belmont Land Company, located at Ninth Street and Bullitt Avenue, $. ~., be rezoned from Special Hesidence Diatrlct to Business District. Hrs. Pickett moved to refer the matter to the City Plannin~ Co~tesion for study and reco~ndatton. The motion was seconded by Hr. Davies and adopted. STHE~TS AND ALLEYS= ~r. Hose A. Plunkett, Attorney for W. B. Wade, J[ W. Webb~ G. H. Trail, D. W. Gunter, S. H. Hyers, Jr.~ Laura H. Stump and Hex L. Be11~ owners of the property an both sides of Glencoe Street, S. E., between Habry Avenue and Blanton Avenue, appeared before Council and presented a petition, 165 requeeting that said Olencoe Street, 2. E., between Mabry Avenue and Blenton Avenue, be vacated, discontinued and closed, and that Council appoint viewers to view said street and report in writing as required by law. H~. Waldrop moved to refer the request to the City FlanninB Comission for study and recomendationo The motion was seconded hymn. Hanes and adopted. Hr. Waldrop then offered the followir~ Reeolutlon~ providing for the appointment' of the vieweret (~12~3) A RESOLUTION providing for the appointment of Five freeholders as viewers, any'three of whom may act, in connection with the application or petition of W. So Wade~ J. W. Wsbb, 0. R. Trail, D. W. Gunter, S. M.'M~srs, Jr., Laura N, Stump and Rex L. Bell to vaca[e Olencoe Street, ~. E., which street has never been opened to the public and which street, on the map, runs from the south side of Habry Avenue to the north side Of Blanton Avenue, as provided by Section 15-766 Of the 1920 Code of Virginia, as amended. (For full text of Resolution, see Ordinance Book Roe 90, PaFe 383.) Hr. Waldrop moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted' by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, and the Fresldent, Mr. Woody ................... 6. NAYS: None ..................... O. (Hr. Young absent) S..rWAGE DISPOSAL: The City Manager reported that a portion of the foundatio under a dam encasing a ~8-1nch sanitary sewer ~nterceptor line crossin~ Roanoke River et the west end of Wssens Park washed out on Friday, March 11, 195~ and that emergency action was taken by the City Manager toward repairing the dam, the City Manager further advising that he will keep Council apprised of the cost ar~ other factors concerning the emergency as they develop, stating that the dsm was built by Wiley N. Jackson Company u~der the engineering supervision Of M~ttern and Msttern, En~lnsers~ who designed the dam, at the time of runnin~ the sanitary sewer interceptor lines from the Sewage Treatment Plant up the river. Hr. Waldrop moved that the report of the City Manager be accepted and filed. The motion was seconded by Mr. Hanes and adopted. WATER' DEPARTHENT: F~. Waldrop presented a magazine article on the installation of fluoridation of water in Philadelphia, Pennsylvania, which he requested be placed with Council's file on the subject. There being no further business, Council adjourned. APPROVED Clerk / COUNCIL, REGULAR MEETING. Noadoy. #arch 21, 1955. 'i67 The Council of the City or Moaoohe met lu regular meeting in the Council Chamber In the Municipal Building, #ondny. March 21, 1955, at 2:00 o'cloth, p, m** the regular meeting hour, with the President, Mr. Moody, presiding. FRESENT: Council m,whets Davies, Hanes, Pickett, Maldropo #ebber, Young, and the President, Mr. Moody .............. ABSENT: None ...................... O. OFFICERS PRESENT: Mr. Arthur A. Owens, City Manager. Mr. Randolph G. Nhittle, City Attorney. Mr. Harry R. Yates. City Auditor. and #r. J. Robert Thomas. City Clerk. The meeting mas opened mith a prayer by the Reverend Mllliam A. Parker. Jr.. Pastor Of Fort Lewis Baptist Chorch. MINBYES: Copy Of the minutes or the regular meeting held on Monday. March 14. 19S5. having been furnished each member of Council. upon motion of Mr. Davies. seconded by Mr. Banes and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC #ATTERS: NONE. PETITIONS AND COMMUNICATIONS: ELECTIONS: A communication from the Chairman of the Electoral Board of the City of Roanoke. requesting immediate adoption of an Ordinance changing the voting precincts in the city as recommended by the Doard to Council at its meeting of March 14. 1955. was before the body. Mr. Mebber moved to refer the matter to the City Attorney with instruction to proceed with the preparation of an Ordinance carrying out the recommendations of the Electoral Board. The motion was seconded by Mr. Banes and adopted. ZONING: A communication from Mr. N. L. Guthrie. requesting that the eastern 40 feet of Lot 14. Section 102. Melrose Land Company. being Lot E of the new survey for Dr. B. M. Beckham. located on the north side of Salem Turnpike. N. N.. between Tmenty-third Street and Twenty*fourth Street'. be r,zoned from General Residence District to Business District. was before Council. - Mr. Hanes moved to refer the request to the City Planning Commission for study and recommendation. The motion mas seconded by Mr. Davies and adopted. ZONING: A petition from property owners on the west side of Milliamson Road. N. N.. between Ravenwood Avenue and Floraland Drive. requesting that Lots 1. 2. S. 4. 6. and 7. Block 2. Map of Floraland. be r,zoned from Special Residence District to Business District. was before Conncil. Mr. Hanes moved to refer the petition to the City Planning Commission for study.and recommendation. The motion was seconded by Mr. Davies and adopted. LICENSE TAX CODE: A communication from Mr. Murray K. Coulter. President. National Business College. requesting that the license tax on private schools be eliminated or redaced..was before Council. Mr. Young moved to table the matter and to instruct the City Clerk to report to Council the amount of tax paid by private schools for licenses in the City of Roanoke. The motion was seconded by Mr. Hanes and adopted. REPORTS OF OFFICERS: SIDEMALE. CURB AND GUTTER: Council at its meeting of March 14. 1955. having referred to the City Manager fo~ study and recommendation a request from .68 Mr. G. I. Coleman, Jr** that coaslderaklou be given to appropriating funds for the construction of curb and gutter in the 600 amd 700 blocks of Stauuton Avenue, S. V., tad o reqoest from Houck Bud Company, Incorporated, that o sidewalk be constructed OB themest side of Jefferson Street southward from the termination of the present sldemalk to #cClanahan Street, nad having directed the City #manger to advise Council how much money mould be needed to meet the requirements of the petitions for sidewalk, curb and gutter heretofore filed, the City Manager reported that he could mot recommend granting the requests of Mr, Coleman sad Houck and Company, Incorporated, due to the cityes financial condition, and that he estimates it would require $31o000.00 to meet the requests on rile for construction of sidewalk, curb and gutter. In this connectlon,'Mr. Webber presented a petition signed by property owners in the 2700 block of Callowsy Street, N~ W., asking that curb and gutter he constructed on both sides of the street. Mr. Young moved to refer the petition from the property owners on Callovay Street to the City Nasager, file the report of the City Manager and .defer action thereon until such time as it appears the city*s financial position might permit appropriation of additional funds. The motion mas seconded by Mr. Webber and adopted. TUBERCULOSIS SANATORIUM: Council at its meeting of February 21, 1955, having directed the City Manager to study possible income from the state and the Tuberculosis Foundation of Virginia, Incorporated, in connection math the operation of the Roanoke City Tuberculosis So~atorinm, and report the amount of additional funds Council might expect during the present calendar year, the City Manager reported that in his opinion an additional $45,000.00 would be available to the city from the Tuberculosis Sanatorium operation this year. Mr. Webber moved to concur in the r~port of the City Manager and refer the matter to the City Auditor for necessary action. The motion was seconded by Mr. Young and adopted. SEMAHE DISPOSAL: The City Manager having reported to Council at its meeting of Hatch 14, 1955, that high mater had caused damage to a dam encasing a 48-inch sewer line across Roanoke River at the west end of Masena Park and that he had effected emergency repairs to prevent further damage to the dam, the City Manager presented a further report on the dam, transmitting an estimate of Wiley N. Jackson Company of $22,000.00 to make necessary permanent repairs and agreeing to perform the work on n basis of cost plus twelve and one-half per cent of all labor and material, plus established rental rates on equipment, and recommended that Council authorize him to proceed with the work. Mr. Webber moved to concur in the action of the City Manager in making emergency repairs and to appoint a committee consisting of Messrs. Salter L. Young, Herbert A. Davies, Arthur S. Owens, John L. Wentworth and D. Cletus Broyles to make a study of the matter and reportto Council on the following: 1. Whether the dam mas constructed in accordance with the specifications as drawn by the engineers. 2. If so, whether the engineers' plans and specifications provided a dam sufficient to meet conditions that might be expected from the flom of water against the dam. 3. All other matters pertaining to the construction of the dam. The motion was seconded by Mr. Wnldrop and adopted. DEPARTMEMT OF PBBLIC WELFARE: The City Manager submitted a written report, covering the expenditures and activities of the Department of Public Welfare during the month of January, 1955, in compliance mith Sections 63-37.1 and 63-6?°2 Code of Virginia. The report Mas filed. DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted a written report from the Department Of Public Welfare for the month of January, 1955, showing 1,606 cases handled at a total cost of $79,658,12, as compared with 1,587 cases handled at a total cost of $77,241.9g for the month of January, 1954. The report was filed. HEALTH DEPARTMENT: The City Manager submitted · mritten report from the Health Department for the month of February, 1955. The report was filed. SYREET LIGHTS: A request from the Southeast Civic League for the installa- tion of a street light at the bus stop at 11 1/2 Street and Monte*se Avenue, S. having been before Council at its meetin9 of March 7, 1955, and referred to the City Manager for study and recommeodation% the City Manager reported that arrangements have been made to move the bus stop from its present location to a street light already in existence approximately 140 feet from the corner of 11 1/2 Street. Mr. Young moved to concur in the report Of the City Manager. The motion was seconded by Mr. llamas and adopted. STREET LIGBTS:A communication from the Southeast Civic League, requesting that a street light be moved to the bus stop directly east of the Buena Vista Recreation Center on Mornlngside 5trent from a pole north Of this point, having been before Council at its meeting of March T, 1955, and referred to the City Manager for study and recommendation, the City Manager reported that he has instructed the Appalachian Electric Power Company to move the light as requested. Mr. Waldrop moved to concur in the report of the City Manager. The motion was seconded by Mr. Hanes and adopted. BBDGET-LIBRARY: The City Manager reported that he has received a request, from the Director of the Roanoke Public Library to purchase a record player in the amount of $54.50 and suggested that the purchase be authorized out of the balance in the Improvement Fund Library Account, the City Manager recommending that the request be granted. Mr. Hanes moved to concur in the recommendation of the City Manager and offered the following Resolution: (~12344) A RESOLUTION authorizing the purchase of a record player for the Roanoke Public Library. (For full text of Resolution, see Ordinance Book No. 20, Page 5B7.) Mr. Hanes moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Moody .............. 7. NAYS: None .................... O. i70 PARIS AND PLAYGROUNDS: The City Manager presented 8 communication from Radio Roanoke, '~ne~rp~ni~d, r~q~estiag'thnt ~ be reiieVed Jr payment of rents elmer Hatch 1, 1955, under i~ ~ntraot for space on ~op or Mill Nouetain, covered by'Ordl~enc~'No: 11599, edo~ed"by Council on Mr. Benes Moved to refer the matter to the CityAttorney for study old re~ort ns to'~h~'legal aspects of the uattev: The m~t~n mas secooded b7 Mr. Mebber and adopted, REPORTS OF COMMITTEES: NONE. 'uNFiNISHED BUSINESS: ZONING: Council at ~s meeting or March 14, 1955, having referred to the City Planning Commission for study'an~ recommendation · communication from The Kroger CoMpany, asking that its ~roperty located on the east side of Ninth 5treat S. E., between Bnllitt Avenue and Highland Avenue, described as Lots 1-11, inclusive, Block 26, Belmont Land Compnny. be rezoned from Special Residence District to Business District, the City Planning Commission reported that in its opinion the use of the properties as proposed mill provide improved shopping facilities for the southeast section with adequate space for off-street parking. and 'that the Business District on Ninth Street should be extended southward to include the block in question, therefore, it Is the recommendation of the City Planning Commission that the petitioner's request for rezoning be granted. Mr. ~aldrop moved that Council hold a public hearing on the question at 2:00 oSciock, p. m., April 11, 1955. The motion mas seconded by Mr. Young and adopted. ZONING: Council at its meeting of March 14. 1955. having received a communication from Mr. Edward P. Berndon, requesting that his property located on the no'rtheast corner of Bullitt Avenue and Ninth Street, S. E., described us Lot 10 and the eastern 32 feet of Lot 11, Block 17, Belmont Land Company, be rezoned from Special Residence District to flusiness District, which communication mas referred to the City Planning Commission for study and recommendation, the Cl~] Planning Commission reported that in its opinion said lots should be included in the Business District on Ninth Street and recommended that the re'quest of the petitioner be granted. Mr. Maldrop moved that a public hearing on the matter be held at 2:00 otclock, p. m., April 11, 1955. The motion was seconded by Mr. Hanes and adopted. ZONING: Council at its meeting of February 26, 1955, having received a request from Dr. Edwin J. Palmer that Lots 10 and 11, Section 15, West End Land Company, located on the north side of Campbell Avenue, S. M.o west of Thirteenth Street, be rezoned from General Residence District to Special Residence District, which request mas referred to the'City Planning Commission for study and recommendation, the City Planning Commission reported that in Its opinion the property should be rezoned to be consistent with the classification of the adjacent thereto and recommended that the petitionerts request be granted. Mr. Hanes moved to hold a public hearing on the question at 2:00 otclock, p. m., April lG, 1955. The motion was seconded by Mr. Davies and adopted. ZONING: Council at its meeting of February 21, 1955, having received a request ~rom the Blue Stone Block Company, et als, that certain portions of Jackson Park Land Company be rezoned from General Residence District to Light Iedustrial District and that certain streets be abandoned, discontinued and closed, which request was referred to the City Planning Commission for study and recommen- dation, the City Planning Commission reported that in its opinion the area is a 171 potential industrial site and should be reclassified In order that the land nay be properly der'eloped and recommended that the p~tltiosers* request for rezoning be granted and that the contiguous properties also be rezoned so Light Industrial District, Including Blocks !1, 17 aid 23, Glen Palls Map; Lilly View Acreage, Official Lot No. 32112011 and Blocks 3, 4, $, 6, 7, 8, 9, 10, 11, 12. 14. 14 1/2, 15, 17, 16 and 19. Jackson Park Map. the City Planning Commission further reportin~ that It has considered the request for closing the streets In the area, but wishes to defer action pending further developments on the request for said street closings. Hr. Webber moved to hold a public hearing on the question of the recommended rezoning at 2:00 o'clock, p. m.. April 19, 1955. The motion was seconded by Mr. Hanes and adopted. CONSIDERATION OP CLAIMS: HON£. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: DOGS: Ordinonce No. 12340. amending Ordinance No. 11737. adopted on March 16, 1953, to provide for the vaccination of dogs on a 3-leaf basis instead of on an annual basis, and eliminating from the requirements of vaccination dogs under five months of age. having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Hanes offering the follomin9 for its second reading and final adoption: (=12340) AN ORDINANCE to amend and re-ordain Sections 2. $ and 12 of the Uog Immunization OFdlnance. (For full text of Ordinance. see Ordinance Book No. 20. Page 384.) Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies. Hanes. Pickett. Waldrop. #ebber, Young. and the President, Hr. Woody .................... T. NAYS: None .......................... O. STREETS AND ALLEYS: Ordinance No. 12341, vacating, discontinuing and closing a certain 10-foot wide alley located in Section 9, Map of Villa Heights Corporation, having previously been before Council for its first reading, read and laid over, mas again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (=12341) AH ORDINANCE vacating, discontinuing, and closing a certain ten- foot wide alley located in Section 9, on the Map of Villa Heights Corporation. beginning at a point on the southerly side of New York Avenue and running along the easterly side of Lot 9, Section 9, of said map, to a point at the southeast corner of said lot, thence in an easterly direction across said ten-foot wide alley to a point on the rear lot line of Lot 13, thence in a northerly direction along the rear lot line of said Lot 13, Lots 12, 11 and I0, Section 9, to a point on the southerly side of Hew Yorh Avenue, and being approximately 160.43 feet -in length. (For full text of Ordinance, see Ordinance Hook No. 20, Page 365.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: i72 AVES: Council members Davies, Danes, Pickett, Roldrop, Webber, Young, nnd the President, #r. Noody .................... ?. NAYS: None .............................. O. STREETS AND ALLEYS: Ordinance Ho. 12342, acceptiug the deed for u portion of the rear or Lot 25, section 9, Villa Heights Rap, in order to provide a radios rot luproveneut or un alley in the block, having previonsly been before Council for its first rending, read and laid over, was again before the body, Hr. Nnldrop offering the following for its second reading and final adoption: (o12342) AN ORDINANCE accepting for dedication for public ns, for alley widening purposes u snail piece of lnnd, being the northeasterly corner of Lot 25, Section 9, Rap of Villa Deights Corporation. (For full text of Ordinnnce, see Ordinnnce Dook No. 20, Page 396.) Mr. Raldrop moved the adoption of the Ordinnnce. The notion mas seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Dnnes, Pickett, Waldrop. Webber, Young. and the President, Hr. Woody~ .................. ?. NAYS: None ......................... O. MATER DEPARTRENT: Mr. Young stated that industrial sites within the corporate limits of the city being practically nonexistent, if industry is to be attracted to Roanoke and its vicinity it mill be necessary to an,nd the Water Department Rules and Regulations governing the use of water by industry outside of the corporate limits, and offered the folloming Resolution: (~12345) A RESOLUTION to amend and re-adopt Resolution No. 12252, adopted by the Council of the City of Roanoke, on November 1, 1954. (For full text of Resolution, see Ordinance Book No. 20, Page 307.) Hr. Young moved the adoption of the Resolution. The motion mas seconded by Dr. Hanes and adopted by the following vote: AYES: Council members Davies. Hanes, Pickett. Maldrop. Webber, Young, and the President. Mr. Woody .................. NAYS: None ............................ On PURCDASE OF PROpERTY-TRAFFIC: The City Manager having previously reported that be was unable to reach an agreement for the purchase of a portion of Lot 11, Block 5. Harbour Heights Map, located at the intersection of Hrandon Avenue and Sherwood Avenue, S. W., for street widening purposes, and having recommended that condemnation proceedings be initiated, and Council at its meeting of February 29. 1955. having directed the City Attorney to prepare an Ordinance making a firm offer for the property. Mrs. Pickett moved that tie following Ordinance be placed upon its first reading: (~12346) AN ORDINANCK authorizing the acquisition of certain property to be used for street purposes in widening the intersection of Drandon and Sherwood Avenues, S. WHEREAS , it is deemed necessary and expedient that the intersection of Brandon and Sherwood Avenues, S. W. be widened by the acqaisition of the land hereinafter-described, presently owned by Roy R. Pollard. Pollard, husband and mile; and WHEREAS. the City ganager has had the value of said land appraised by competent real estate agents and Council is of the opinion that the sum of money hereinafter provided represents a fair and reasonable p~lce to be offered for said land; and MHEREAS, Council his heretofore appropriated sufficient funds for Street Construction Rlghts-of-Woy out of which the purchase price hereinafter provided way be paid. TflEREFORH. BE 1T ORDAINED by the Council of the City of Roanoke that the City Homager be, and he is hereby, authorized and directed, roy and on behalf of the City, to offer to purchase from Roy R. Pollard, Sr. and Virginia R. Pollard, or the true and lnmrul omners there,r, that certain lot or parcel of land situate in the City of Roanoke and more particularly described as follows: DEOINNING at a point on the present north line of Rrondon Avenue, S. M., Said beginning point being located S, 770 16' ~o 194.11 feet from the point of intersection of the present south line of Sherwood Avenue with the present north line of Drandon Avenue; thence with a new division line throagh and across Lot Il, Block $, map of Barb*ur Heights, said map being of record in the Clerh's office of the Hustings Court for the City of Roanoke, Virginia, in Deed Hooh 360, Page 224, N. 12° 44' N. 95.95 feet to a point on the present south line of Sherwood Avenue; thence with same S. 76° 26' E. 138.42 feet to u point of curve; thence with a curved line to the right an arc distance of 45.96 feet (radius of said curve being IR.25 feet with a chord bearing and distance of S. 0° 25u M. 35.54 feet) to a point of tang*mci on the present north line of Hraedon Avenue; thence with same S. ?To 16' N. 116.0 feet to the place of D£ING an easterly portion of Lot 11, Block 5, Map of Barb*ur Heights of record in the aforementioned Clerk's Office. It ii the intent of this description to cover all of Lot [1, Block 5, Map of Barb*ur Heights, lying east of a line 20.0 feet from and parallel to the original west line of th*aforesaid Lot 11; for the purchase price of $1,000.00 cash, said sum to include the value of the land to be acquired and, in addition, the agreed amount of damage caused to the residue of the ownerst land by reason of the City's acquisition of the above- mentioned parcel of land; a conveyance of the aforesaid land to the City to be made upon such form of deed as is prepared or approved by the City Attorney, and the purchase price hereiaabore provided to be paid OUt of funds for Street Construction Rights-of-Way, Account No. 140-37. The motion was seconded by Br. Davies and adopted by the following vote: AYES: Couocll members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .................. NAYS: None ........................ O. STREET WIDENING: The City Manager having recommended to Council at its meeting of Rarch 7, 1955, three projects for the widening of Salem Avenue nod Rllliamson Road, the project for the widening of Salem Avenue thirteen feet on the north side fram Jefferson Street to First Street, S. N., at an estimated cost of $115,459.58, to be uedertaRea out of the first federal, state and city funds available in 1956 and to be initiated immediately, and Council having directed the City Attorney to prepare the necessary Ordinance to carry into -effect the recommendation of the City Ranager for the Immediate widening of Salem Avenue between Jefferson Street and First Street, S. M., Mr. Webber offered the followlng emergency OFdinance: (~12347) AN ORHINANC£ approving the widening of Salem Avenue 13 feet on the,north side from Jefferson Street to First Street, S. ~., as the first Federal, State and City Highway Project; authorizing the City Manager to do the necessary to have the same approved, as such project, by the Virginia Department of Highways and by the Hureaa of Public Roads of the Federal Government; authorizin the Cityts Englneering Department to proceed with the preparation of final plans therefor, to be ·pproved by ·aDh portlclp·tl·g uge·cyl ·uthori·lng the City #e·eger lo have · ~urre·t appraisement mede or the value of requisite~reel estate end to end·ever to obi·la optioos for s·lea thereof to the ¢iWl appropriating $1500,00, chargeable to the ProJect, to pay appraisement costs cud also considera- tions rot optioess and providing for an emergency. (Fey tull ~emt:of Ordineuoee'seeOrdi·eeoe Book No, 20e Page 309.) Hr, Webber moved the adoption or the Ordinance. The motion was seconded by Hr. Hanes nod adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Weldrop, Webber, Young, and the President, Hr. Moody ................. ~-T. HAYS: None ......................... O. WATER DEPABTW£NT: The City Homager having recommended to Council at JLa meeting of FebFuary 20, 1955, that it authorize the release of an easement on · portion of Lot 16 as shown on the map of #Psospect Dills, Parts of Section I and J' made by Hattern end Watt·rue Hagen·ers, dated WaF 20, 1947, which easement was granted by C. ~. Francis, Jr., and Myrtle fl. Francis, his wife, under date of JanusrF 15,' 194B, for the Peahnood Drive DOOSteF Pumping Station, such release to he made simW days afteF the new Peakwood Drive ROOSteF Pumping Station is satisloctorllF placed in operation, nad Council having appointed a committee consisting of ~essrs. Lelgh H. ;lanes, Jr., ReFbert A. Davies and Arthur S. Owens to study the matter and make its recommendation to the body, and said committee having reported to Council at its meeting of Watch 14, 1955, concurring In the recommendation of the City ~anager, at which time the body instructed the City Attorney to prepare an Ordinance authorizing and directing the proper citF official to release said easement, HF. Davies moved that the following Ordinance be placed upon its first reading: (m12348) AN ORDINANCE conditionally authorizing and directing the proper City officials to release an easement. WHEREAS. by Deed of Easement dated January 15, 1948. C. W. Francis, Jr., et ux.. for a nominal consideration, granted and conveyed unto the City an easement on a portion of Lot 16 of the ~ap of 'Prospect Hills, Parts of Section I and J', for the purpose of constructing, operating and maintaining a booster pumping station thereon; and NBEREAS, n committee, composed of the City Wanager and Councilmen Banes and Davies, have reported to the Council that, upon the completion of the new Peakwood Drive Booster Pumping Station, the City will have no further use of the aforementioned easement and the grantors thereof have requested that the same be released of record. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, upon being informed by the Manager of the Water Department that the new Peahwood Drive Booster Pumping Station has been in satisfactory operation for a period of sixty (60) days, the proper City officials be, and they are hereby, authorized and directed, for and on behalf of the City, to execute and deliver, for a nominal consideration, a proper deed releasing the above-mentioned deed of easement between C. W. Francis, Jr., et ux., and the City of Roanoke, of record in the Clerk's Office of the Hustings Court of the City of Roanoke in Deed Book 764, Page 422; the form of such release deed to be approved by the City Attorney. The motion mas seconded by Mr. Banes and adopted by the following vote: AYES: Coeholl members Davies, Banes, Pickett, Maldrop, Mebber, Young, and the Preaident, Mr. Moody ...................... NAYS: None ............................ O. MOTIONS AND MISCELLAN£OUS BUS'INES~: BUDGET-COMPENSATION BOARD: Mr. F. Rodse~ Fitzpatrick, A~to~uey for Mr. Edgar L. Ninsteid, City Sergeant, a~peared before Council end stated that it is his understanding that in response to a request from C~uscil at its meeting of March ?, 1955, for an opinion as to the effect upon th~ City of Roanoke or the · Compensation Board ~f the Commonwealth of an orde~ of the ~us~iugs Court of the City of Roanoke in the base of Edgar L. Minst~ad', Clty'Sergeant, v: the ' Compensation BSard of the Cbm~onwealth of Virginia, ordering that the salary of Edgar L. Mlnstead, Sergeant of the City of Roanoke,'be fixed at $8,500.00 for the calendar year 1955, the City Attorney has rendered a confidential opinion to the members of Council, and ~equested that Council appropriate sufficient funds to pay the sal~rles in the office of the City Sergeant as authorized by the Compensation Board and amended by the Hustings Court of the City of Roan*he. Mr. Hanes moved that the opinion of the City Attorney be filed with the City Clerk as an official re~ord and that the City Auditor be directed to prepare a statement for Council showing the'amOunt necessary to h~ appropriated to the 195~ budget to pro~ide fsr payment of s~laries to the constitutional officers and their employees as awarded by the Stat~ Compensation Board and as amended by the order of the Bustings Court in the matter of Edgar L. Winstead, City S,rs*ant, v. the State Compensation Board. The notion mas seconded by Mr. Davies and adopted. CITY MARKET: Mr. Naldrop moved that the City Manager be requested to appoint a committee to make a study o~ the City Market area, sal~ study to include the ~resent rules ~nd re~ulatiSns governing the operation of the market, ~he practices of*conducting business on the' market, the rental and.other revenues charged at the market, traffic and parhinO conditions, possible constructio~ of sheds 'to'eliminate trucks on the m~riet' and all other matters pertinent to the market operations, said committee to render its report to the City Manager for '' further submission to Council along with his recommendations. The motion Was seconded by Mr. Hanes and adopted. ' COMPLAINTS: Mayor ~oody stated that he has had several complaints from citizens about children playing in large st*tm'drains such as the one under the railroad from South Roanoke Park, stating that childre~ are entering the sa'id drain from the open drain in tb~ park and proceeding for a distance of se~e~al ' blo~ks, and requested the City Manager to look into the matter. There being no further business, Council adjourned. Clerk / :175 CG~IL~ uFGUIAR Monday, March 28,;19~5. The Council or the City of Rounohe net In regular meetieg In the Council Chamber in the Hunicipal 13olldleg~ Monday, March 20, 19~5, ut 2:00 o'clock, p. B., the regular meeting hour, with the President, ar. Moody, presiding. 1~: Council Bombers Davies, Hun*s, Pickett, Maldrop, Webber, Yooeg, and the President, ar. Moody ...................... T, ~: None ..........~O. O~IC~RS 1~: Mr. Arthur $. Owens, City Manager, Mr. Randolph G. J~ittle, City Attorney, ar. Hurry R. Ye,es, City Auditor, and are J. Robert Thmas, City Clerk. The meeting mas opened mith a prayer by the Reverend M. M. Phillippe, Sr., Pastor of the Jordantoun Wesleyan Methodist Church. MINUIES: Copy of the minutes of the regular meeting held on Monday, March 21, 1955, having been furnished each member of Council, upon motion of Mrs. Pickett, seconded by Mr. Ihnes and adopted, the reading Fas dispensed with and the minutes approved as recorded. I~IIqG OF CITIZE~ UP($~ PUBLIC MAI'i~: 5TORM [FAII~: The City Manager having previously advertised for bids for the construction of a 10*inch storm drain to drainage wells at various locations, bids mere received rrm Draper Cons,mc,Ion C/xnpany, Wiley No Jackson Company and M. $. Hudgins. Mr. young moved to refer the bids to Massrs. Arthur $. Owens, John Cletus Droyle$ for tabulation and report to Council, The motion was seconded by Mr. I/aldrop and adopted. STREET IMPROVEM~: T~e City Manager having previously adrertised for bids for paving o~ streets at various locations in the city, bids ~re received from Virginia Asphalt Paving C~pany, Incorporated, and Adams Construction Company. Mr. [hues moved to refer the bids to Messrs. Arthur So Owens, John Cletus Broyles for tabulation and report to Council. The motion ~as seconded by Mr. Davies and adopted. .~ COI~UCTIOI/: A communication fro~ Mr. G. G. Fralin by his Attorney, Mr. T. L. Plunke~ Jr., requesting that the city extend a 12-inch outfall sewer line from its present location in Fishburn Park approximately 1,900 feet to the north side of Colonial Avenue to serve a plot of land approximately thirty-nine acres in area which Mr. Fralin proposes to subdivide into residential lots and asking that the City of Roanoke bear one-half the cost of such sewer extension, ar. Fralin agreeing to pay the other half of the cost, having been before Council at its meetin3 of August 23, 1954, and the City Manager having estimated the cost of the construction of such sewer at $14,000.00, and Council at its meeting of September 13, 1954, having instrncted the City Attorney to prepare the necessary Resolution to carry out the provisions of the request sul~itted by Mr. Fralin, with the proviso that the effective date of the Resolution would be the date on Jdlich the subdivision plans of ar. Fralin were filed and approved, and the City Manager having advertised for bids for the construction of such sewer, bids were received from Draper Construction Cc~pany, Wiley N. Jackson Company and M. S. Hudgins. ar. J/aldrop offered the following Resolution referring the bids to a committee: (=12349) A RESOLI.r~I0~ relating to the construction of a 12-inch public sewer line from an existing manhole in Fishburn Park in a southerly direction to the north line of Colonial Avenue. (For full text of Resolution, see Ordinance Book No. 20, Page Mr. Waldrops~ved the adoption of the Resolution. The motion etas seconded by Mr. Hanes and adopted by the follouing vote: AYES: Council mend)era Davies, Hanes, Plebe,t, Woldrop, Webber, Young, and the President, Mr. Woody .................... 7. NAYS: R0ne ........... O. aLl. CLEARANCE: Mro,B. R. ~lck appeared before Council and presented u communication from the Neighborhood Inproren~nt Council, advising that subsequent to the January hearings on the proposed ~ounealth Redevelopment ProJect at which time he and MFo Jack M. Coodyhoouta had ~drlsed the committee that a voluntary caomlttee had been foraed to begin rehabilitation of sub- standard housing fu Roanoke, the cGmlttee operating under the name 'Neigbborhoed lnproveaent Council' has selected an area bounded on the mast by Fifth Street, N. E.. on the east by Kimball Avenue, N. E., on the south byRutherford Avenue, N. E., and on the north by Gregory Avenue, N. E., and embracing both sides of Malker Avenue. N. E., in which to apply its plan, and that a meeting of the residents of the area has been called for Thursday, March 31, 1955, at O:O0 o'clock, p. m., at the Pilgrim Baptist Church in Northeast to explain the plan to and secure the cooperation of the residents, which meeting members of Council are invited to attend, the c~unlcatlon further requesting that all city departments be instructed to cooperate in the enforcement of all applicable laws in t~erehabilitatlun of sub-standard housing in that area. The City Manager advised Council that the cityts administrative departments mill enforce all laws where violations are reported. ~r. Webber moved to refer the cc~nunlcatloa to the Redevelopment Cc~nittee for study. motion was seconded by Mr. Hanes and adopted. PETITIO~ A~) COdifICATIOnS: REPi~TS OF OFFIC~tS: $Cll00LS-pARI/SAhD PLAY(~Otl'tlIS: The City Manager presented a cc~na~nication iron the Director of Parhs and Recreation, reco~mending the joint acquisition of land to be used for the proposed school construction program and provision for Joint use of such land and the buildings for school and recreational purposes. Mr. Hanes moved to refer the cocz:unication to the City Planning Co~nnission for study and recommendation. The motion was s~conded by Mrs. Pickett and adopted. I~-R(IXNOREPt~LIC LIBRARy: The City Manager presented a request of the Roanoke Public Library Board for permission to increase the library time at the William~on Road Branch Library from t~elve ho~rs to t~enty hours weehly and the appropriation of $(~00.00 to meet the cost thereof. Mr. Nebber mored to take the request under consideration. The motion was seconded by ~r. Maldrop and adopted. AIRPUIT: The City Manager presented a written report on the operation of the Roanoke Municipal Airport for the month of February, 1955, The report was filed. ALMStIO~: The City Manager subuitted a wait,an report fr~m the Almshous; for the month of December, 1954, showing a total expense of $2,270.81, as compared uith a total expeise of $1,963.23 for the month of December, 1953; a report for the month of January, 1955, showing a total expense of $1,~81.14, as compared with a total expense of $1,809.91 for the month of January, 1954; and a report for the month of February, 1955, showing a total expense of $2,017.04, as compared with a total expense of $2,290.97 for the month of February, 1954. The reports ~ere filed. 178 IX~FARTIG~TOFi~I~ICI~LFA~E: The. City lhB~ger suhltted~ittei re~rts co~eritg the e~nditures end activities o~ the ~par~n~ or ~llc ~el~ere durlug the month Or reb~ury, 1~, lB c~plience ul~h ~c~Jons ~-67,1 nad ~-67,2, C~e or~Yirgiulu, ~e re~r~s ~re ~lled, ~p~ ~ ~C ~: ~e Clt~ ~nager suhltt~ a ~itten report rrm tke ~rt~nt or hblfc ~lrtre for the month of February, 1~, sho~lng.l,5~ cases bandl~ at a total cost or $~, as c~red with 1,590 cases handled Ota total cost of $70,673.~ for the month of Febriary, 1~. The report was ~lled. D~pARTMEHT OF ~flLIC NORKS: The City Manager subult~ed a written report ~he Departuen~ o~ ~ubll~ ~OFkS rOF the aonth or February, 1955. ,. . The Fepor~ was filed. * . - · ~OL~CE ~pARTHE~T: The City Uanager. submitted a xFJLten repor~ from ~be Folice ~epartmen~ for.the month of.February, The repor~ was filed. FOLIC~ D~ARTMEHT: The City HanageF reported the resignation of Hr. ~erber~ H. Nood7 from the ~olice Department, effective Hatch 1~, The FepoFL W3S filed. rATeR ~E~ARTHENT: Council a~ its meeting of March 1~, 1954, having requeste( the City Hanager to have the Virginia Forest Service m3ke 3 survey as to whether oF not certain Limber on the Falling Cree~ 3nd ~eaveF Dam u3teFsheds should be cut, ~he CIL7 H3nageF presented a report of ~he Virginia Fores~ of ~he timberlands on the Failing Gree~ Gn~ ~eGveF Dam watersheds, recommending ~hat a Limber harvesting plan be initiated with the wafting of trees to be cut be performed by the Virginia Forest ~ervtce a~ a charge Of sixL7 cents per ~housand board fee~ ~nd ulLh the naF~Jng and estimating of pulpwood ~o be performed b7 the Virginia FoFes~ ~eFvlce a~ a charge o~ fifteen cents per ~housand cutting an~ logging be controlled b~ certain rules and regul3tlons, thGL the cJt7 acquire con~Fol OF owneFshl~ of 293 acres in the w3teFshed drainage GFea GOt now owned b7 the cJt~ and ~ha~ s(x per cen~ of .~he timber sale receipts he.reserved for forest improvements. The City H3nageF recommended that Council make a stud7 of the proposals before making an7 decision in the matter and tha~ the VITginia Forest ~eFvice be commended for i~s asslstlnce.and the excellen~ FepoFL rendered. Mr. Hanes moved to COnCUr In the FepoFL of the CtL7 Manager and refer the report to 3 committee consisting of Messrs. ROy L. ~ebber, ~erbeFL A. Davies, Arthur S. Owens, G. H. Ruston an~ R. ~. ~uuteF, fOF stud7 and recommendation Council. The no,ion w3s seconded b7 HFS. ~i~kett and REPORTS OF COHMITT~ES: NO~E. UNFI~ISffED BUSINESS: BUDGET-COmPENSATION BOARD: Couecil at its meetlug of ~arc~ 21. 1~55. ~evteg directed t~at the CfrF Auditor prepare a statement showing the amount necessar~ to be appropriated to the 1955 budget to provide,for the payment of salaries to t~e coastltitloaal officers aad t~elr employees as awarded by. the State Compeesatloa Hoard and amended by order of the Dustings Court of the City of ~oanote. the CitF Auditor reported that an appropriation of $1.797.99 ~111 be required to meet the salarF awards aaa that an additional approprlatloe of $300.00 for reetal of equipment and $1.25B.00 for purchase of equlpmeut to t~e budget of the office the City Treasurer wlll be required to meet the total amards by the Compensation Board, Hr. Webber moved to take the matter under consideration. The motion was seconded by Mr. Young, Hr, Names then offered a substitute motion to appropriate $1,797.99 to provide rot pnyweut or salaries to the constitutional officers and their employees as'awarded by the State Compensation Board and amended by order o! the Hustings Court or the City o! Roanoh~, The motion mas seconded by Hr, Davies. Hr. Waldrop then offered a substitute motion to take the matter under consideration for further study in order that members of Council might have time to arrive et what amount should be appropriated. The motion mas seconded by Hr. Webber end adopted by the followlug vote: AYES: Council members Waldrop, Webber. Young. and the President, Hr. Woody NAYS: Council members Davies, Hanes and Pickett ........... 3. LICENSE TAX COOE: Council at its meeting of March 21. 1955, having received a communication from the National Business College, requesting that license taxes on privately operated schools be eliminated or reduced, and having directed the City Clerk to advise the amount of license taxes paid by private schools operating in the City of Roanoke, the City Clerk reported that a total of $2,987.02 has been paid by private schools for licenses to operate in the City of Roanoke in the year 1955. Mr. Young moved to refer the communication from the National Business Colleg to the License Tax Code Study Committee. The motion Was seconded by Mr. Waldrop and adopted. WATER DEPARTMENT: Council at its meeting of January 24, 1955, having referre~ to Messrs. Arthur S, Onenso H. Cletus Broyleso Randolph G. Whittle, Harry R. Yates, Charles E. Moore, Roy L. Webber and Walter L. Young a request from citizens of the Williamson Road area, to be considered along with a request of Br. Edward B. Scott of the northwest section previously referred t~ the same group, that citizens be permitted to pay their water bills at various locations within thc city for study and recommendation, the committee reported that it has made a thorough study and has concluded that the establishment of collecting stations at various locations would be costly and complicated and recommended that no change in the method of receiving the payment of water bills be made at this time. Mr. Davies moved to concur in the report of the committee and deny the request. The motion was seconded by Mr. Waldrop and adopted. WATER DEPARTMENT: Council at its meeting of December 13. 1954, having referrs to Messrs, Arthur S. Owens, B. Clctus Broyles, Randolph G, Nhittle, Harry R. Yates, Charles E. Moore, Boy L, Webber and Walter L, Young the preliminary plans for the Carvlns Cove Filter Plant addition as prepared by Alvord, Burdick and Bowson, Consulting Engineers, for study and recommendation, the committee submitted a report recommending that Council authorize the City Manager to call for bids for the construction of the addition to the Carvins Cove Filter Plant, said bids to be submitted to the body at its regular meeting of April 25, 1955. Mr. Waldrop moved to concur in the report of the committee and instruct the City Manager to call for bids for the construction of the addition to the Carvins C Dye F lite r P I a n t o said bids'to be received by Council at its regular meettn, of April 25, 1955. The motion was seconded by Mr. Davies and adopted. i7'9 CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PUMCflASE OF PROPERTY-TRAFFIC: Ordinance No. 12346, authorizing the ucquisi- tlon of u portion of Lot 11, BI,ch S, Ruth,ur Heights Map, l,cited at the'lztersec- tide of Drzndon Avenue aid Sherwood Avenue. S. N,o roe street widening purposes. having previously been before Council for its first reading, read and laid over, wes again before the body, Mrs, Pfchett offering the following for its second reading and final adoption: (z12345) AN ORDINANCE authorizing the acquisition of certain property to he used for street purposes In widening the Intersection of Drandoz and Sherwood Avenues. S. (For full text ol Ordinance, see Ordinance Book NO. 20. Page 390.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr, Young end adopted by the following vote: AYES: Council ueebers Davies, llanes. Pichett, #aldrnp, Mebber. Young, and the President, Mr. Moody ...................... ?. NAYS: None ............................ O. MATER DEPARTMENT: Ordinance No. 12340, conditionally authorizing and directing the proper city officials to release an easement on a portion of Lot 16 as shown on the map of 'Prospect Hills, Parts ~f Section I and J" made by Mattern and Mattern, Engineers, dated May 28, 1947. which easement was granted by C. Francis, Jr., and Myrtle H. Francis, his wife, under date of January 15, 1940, for the Penhwood Drive Booster Pumping Station, having previously been before Council for its first reading, read and laid over. was again before the body, Mr. Davies offering the following for its second reading and final adoption: (~12348) AN ORDINANCE conditionally authorizing and directing the proper City officials to release an easement. (For full text of Ordinance, see Ordinance B,oh No. 20. Page ~91.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. ~aldrop and adopted by the-following vote: AYES: Council members Davies. Hanes, Pickett. Waldrop, Mebber, Young, and the President, Mr. Moody .................. 7. NAYS: None ......... ~ ............ ~-0. ELECTIONS: Council having previously received a request from th~ Electoral Board that changes be made to the election precincts in the city, which request wes referred to the City Attorney for preparation of an Ordinance to provide for such changes, and at its meeting of March 21, 1955, having directed the City Attorney to prepare said Ordinance for immediate passage, the City Attorney presented an Ordinance to amend and reordaln Section 24 through Section 58 of Chapter 1S of the Code Of the City of Roanoke. Virginia. Mr. Nebber stated that he has had requests from the citizens living in the affected areas for information on the changes mhich he was unable to furnish and moved that the matter be laid over for one week. The motion Was seconded by Mr. Young and adopted, STREET MIDENINO: The City Manager presented an Ordinance, authorizing and directing the acquisition of z S-foot wide strip of land on the north side of Sweetbrier Avenue, S. W., east of Rosewood Avenue, and providing for an emergency. The City Maoager advised that he has keen unable to inspect this property end re,nested thst~the matter ~laid over for one meek. There ~elng no objection, the matter mas laid over, MOTIONS AND MISCELLANEOUS BUSINESS~ CiTY AUDITOR: The Mayor'presented a report of the City Auditor for the fiscal year ended December 31, 1954. and requested that it be filed'cad that the City Auditor be conplimented on the excellence of the report. There being no further business, Council adjourned. APPROVED 181 COUNCIL, REGULAR M]~TIN(;, Moodsy, April 4, 195~. The Council of the City of Boanoke met lo regular meeting in the Council Chamber in the #nnJcipnI Building, ~oodny, April 4, 1955, Bt 2:00 o'clock, p. m., the re~tlarmeeting hour, uith the President, Mr. Woody° presiding. PRESI~f: Council members Sari*e, Banes, Pickett, Msldrop, Webber, Young, nod the President, Mr. Woody .......... ABSENT: None ..... -0. (I~FICRRS pILESI~IT: Mr. Arthur S, Owens, City Manager, Mr. Randolph G. Mh~t~.~e, City Attorney, Mr. Billlam F. Grlggs, Assistant City Auditort and Mr. J, Robert Thomas, City Clerk. The meeting Was opened uith n prayer by tbs Reverend Fen,on H. Platter, Pastor of the Green Hill Church of the Brethren. MII~'TE5: Copy of the minutes of the regular meeting held on Monday, March 2H, 1955, having been furnished each member of Council, upon motion of Mr. Davies, seconded by Mr. Waldrop and adopted, the reading wasdlspensed with end the minutes approved as recorded. [{FARING 6F CITIZENS UPO~ PUBLIC ~ATTERS: Z(~ING: A request from Cantles M. eh*frill end Tempi* £. Sherrill that a portion of their property on Franklin Road, S. M., Official Lot No. lltO0401, be rezoned from General Residence District to Business District, having been received by Council at its meeting of Jnne 14, 1954, and referred to the City Planning Cotanlssion for study and recommendation, and the City Planning Commission having reported to Council at its meeting of March ?, 1955, advising that in its opinion the rezonlng of said lot would result in *spot" zoning and that there is no need or necessity for extending the business area along Franklin Road beyond the present established Business District and racom*riding that Council deny the request, and the petitioner having that.a public hearing be held in the matter, and Council havln9 set a hearing for 2:00 o'clock, p. m., April 4, 1955, in the Council Chamber, notice of which hearing ~as duly published as required by law, Mr. J. A. Eli*t,, Attorney for the petitioner, appeared and stated that there Is n~w on file with Council a petition for the rezonlng of the property Of Eula Bryant, et als, between the SherrIll property and the present established Business District which would eliminate the "spot* zoning objection to his eli*ntis request if favorably acted upon, Stating further that the property on Franklin Road in the vicinity of his clfent*s property have consented to the rezoning, that Mr. Sherrill has made an attemt~t to subdivide his property for residential purposes, but has been advised by the city*s planning officials that the property Is not suitable for a residential subdivision. Mr. M. Hooker Harbour, owner of the property i~mediately across Franklin Road from the Sherrill property, appeared before Council in favor of th, request for rezoning. Mrs. E. Harold Paterson appeared before Council ns a representative of the citizens and property ~wners in the residential area immediately adjacent to the Sherrlll property and opposed the request for rezonlng, Mrs. Paterson stating that a request for the rezoning of the property in questionwas presented to Council some two years ago and denied, that the citizens of that area object to the rezontng on the Rrm,ads that it would be an encroachment upon an established residential nreawhich~as built up prior to the establisl~nent of U. S. Btghway Route 220 on Franklin Road and that due to the terrain of the area it would create a traffic hazard on Franklin Road ~ere the width of the road is limited by a gor~e. Also appearing in opposition to the proposal, were Mr. E. Harold Peterson and Mrs. W. M. S. Butler. Mr. Young moved to concur in the report of the City Planning C~eaissloe and deny the request of the petiiloneF~ The motion Was seconded by Mr. Banes ned sdopted. STREET~I~f-MATERWc~ARlIIF_qT: Mr. Clifton A. Moedru~, Jr** appeared before Council and advised this be Is the Attorney foe n local group or citizens mbo are In the process of organiz- ing s corporation to engage in the manufacture of steel and who propose to purchase n plant site immediately south of the city limits lyJog between the Norfolk ned Mestern Bailway and Shenandoah Avenue and bounded on the east by Peters Creek, and requested Counci~ to accept n~O*foot strip of land extending Hiller Street from Shenandoah Avenue to the corporate limits of the city, in exchange for which the city would grade, surface and maintain the said street, and supply the proposed plant site with a water main of not less than Six inches In diameter. Mr. Hanes moved to refe~ the request to Messes, Robert J. Moody, Roy L. Rubber, Melter L. Young, Arthur S, Owens and G. B. Ruston for study and reco~nendation to Council. The motion was seconded by Mr. Maldrop and adopted. At this point, the Mayor announced that Council would recess from 2:45 o'clock, p. m** to 3::30 o'clock, p. m** in order that members of the body and city officials might attend the funeral services for Mr. Junins Blair Flshburn, deceased. SCtlO~LS: Mr. M. B. Saunders, a science rescuer at Jefferson High School, appeared before Council and presented a communication, recommending a study of the use of steel prefabricated buildings in the proposed school construction program. Mr. Waldrop moved to refer the comunication to the Roanoke City School Board. The motion Fas seconded by Mr. Hanes and adopted. PETITI(3~S &~DCOM~NICATIO~: Z~Ir~: A communication from Mr. J. Albert Ellett. Attorney for MIss Eula Bryant, et als, rcquesting that a portion of their property located on Franklin Road, S. N., Official Lot No. 1~O402, be reztmed from General Residence District to Business District, was before Council. Mr. Hanes moved to refer the communication to the City Planning Co~fnlssion for study reco~suendation. The motion was seconded by Mr. Davies and adopted. Z(~qlNG: A communication from Mr. R. L. Purdue, requesting that his property located On the northeast corner of Campbell Avenue and Eighteenth Street, S. M** be rezoned from General Residence District to Husihess District,ama befo~eC o uncil. Mr. Waldrpp moved to refer the.comunicatlon to the City Planning Co~mlsslon for study and recommendation. The motion w~s seconded by Mr. Young and adopted. Z0f~IN~: A comunication from Mr. P~eston D. Payne, requesting that his property at B~ Elm Avenue, S. E., be rezoned from Special Residence District to Business District, was before Council. Mr. Davies moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Hanes and adopted. WATER DEPARTS: A communication from Mr. M. E. Petty, requesting water service to a proposed subdivision of his property on the west side of Secondary Route ~O1, approximately one mile south of U. S. Blghway Route 11, was before Council. Mr. ~ebber moved to refer the request to a committee consisting of Messrs. Arthur $. Owens, Roy L. Rubber, John H. Maldrop, Harry R. Yates, Randolph G. I~hittle and G. H. Ruston for study and recommendation. The motion was seconded by Mr. Young and adopted. REPORTS OF Ot~FIcENS: ' BUI~ET=BUILDI~ INSPECTOR: The City Manager presented a co~unicatlon from the Building Inspector, requesting an appropriation of~285.00to pay for occmmulated vacation time for Mr. B. B. Reed recently separated from the Building and Plumbing Inspection Department. Mr. Waldrop moved to concur in the request and offered the following emergency Ordinance: (#I2350) ANOI~INANCE too mend and reordninSectionS63, 'Building and Plumbing Inspectio~ of the 1955 Appropriation Ordinance, and providiog for on emergency. (For full text of Ordinance, see Ordinance Hook No. 20, Page Mr. Woldrop moved the adoption of'the Ordinnnceo The motion Was seconded by Hr. Hones nod adopted by the following vote: AYES: Council members Darien, Hones, Pickett, Waldrop, Hebber, Young, nnd the President, Mr. Woody ................... ~YS: None ......... -0. EAS£MENTS-APPALACHIAN ELECTRIC POHER COMPANY: Yhe City Managee reported .that it has been necessary to senate from the Appalachinm Electric Power Company an easement act=ss its property to the mest of Halnnt Arenme bridge for the widening of the river road and presented a Re~olution authorizing the acceptance of a deed for the said easement, which he recommended be adopted. Mr. Davies moved to concur fn the request of the Cior Manager and offered the following Resolution: (=12351) A RESOLUTION authorizing the acceptance of an easement from the Appalachiao Electric Power Company. (For full text of Resolution, see Ordinance Book No. 20, Page 394.) Mr. Davies moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council memberi Davies, Danes, Pickett, Waldrop, webber, Young, and the President, Mr. Moody .................. 7. NAYS: None ......................... O. STREET LXGHTS: The City Manager presented ~ report, recommending the installation of nine' street lights at various locations within the city. Mr. Danes moved to concur in the recommendation of the City Manager and offered the following Resolution: (:12352) A RESOLUTION authorizing the installation of street li'ghts at various locations ia the City of Roanoke. (For full text of Resolution, see Ordinance Hook Ho. 20, Page 3q4.) Mr. Danes moved the adoption of the Resolution. The motion mas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Roues. Pickett, Haldrop, Webber, Young, and the President, Mr. Woody ................ ~--7. HAYS: None .......................... O. MATER DEPARTMENT: The City Manager presented a communication from the Engineer ia Charge of Construction of the Water Department, recommending the establishment of gauging ststions for the purpose of evaluating certain streams to determine the next best economic 'st~p in supplementing the present sources of water supply for the city. Mr. Webber moved to refer the matter to a committee consisting of Mr. Arthur So Owe'ns, Uhairhan, Mr. H. Cletas Hroyles, Mr. Randolph G. Whittle, Mr. Harry R. Yate$, Mr. C. E. Moor'e, Mr. Roy L~ Webber and Mr.' Walter L. Young for study a~d recommendation. The motion was seconded by Mr. Hanes and adopted. BUDGET-POLICE DEPARTMENT: The City Manager presented a request for an appropriation of $65.25 to permit the purchase of a new chair for the Dochet Office in the Police Department. Hr. Wuldrop Bored to concur in the request of the City Ynncger nnd offered the following emergency Ordiuouce: (u12353) AN ORDINANCE to uueod and reorduia Section u143, 'Departmental Equipment'end Improvements', of the 1955 Appropriation Ordinance, and proriding for un emergency. (For full text of Ordinance, see Ordinance Dock No. 20, Page 395.) Mr. Wnldrop moved the adoption or the Ordinance. The motion was seconded by Mr. D~vies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett. Muldrop, Webber, Young. end the President. Mr. Woody ................ 7. NAYS: None ...................... O. TRAFFIC: Council at its meeting of March ?, 1955, having referred to the City Manager the question of motorists backing into highways In the City of Roanoke and 'causing n traffic hazard, the City Manager presented a report in which he advised that the Superintendent of Police has stated that he knows of no law. local or state, which prohibits motor vehicles from backing into the highways within the city. Mr. Danes moved to refer the matter to the City Attorney for study with the request that he consult with the State Blghmay Department to determine mhat method, if any, is used by the said department in preventing such occurrences and report to Council. The motion mas seconded by Mr. Maldrop and adopted. CLAIMS-FIRE DEPARTMENT: The City Manager reported that a city fireman, while cleaning windows at No. I Fire Station. fell from the second floor and landed on an automobile of Mr. S. F. Selwyn parked in an alley adjacent to the fire station, causing damage to Mr. Selmyn*s automobile, and that the City Attorney has advised him the city has no legal liability to Mr. Selwyn. but that it is his recommendation that Mr. Selwyn be reimbursed for damage to his automobile In a sum not to exceed $80.00. Mr. Young moved to take the request of the City Manager under consideration for one week and that the City Manager he instructed to investigate the matter of installing safety hooks in the windows of municipally owned buildings and the )urchase of safety belts to be used by persons cleaning windows therein and report to Council. The motion was seconded by Mr. Webber and adopted. REPORTS OF COMMITTEES: NONE UNFINISHED BUSINESS: STREET IMPROVEMENTS: Council at itsmeeting of March 28, 1955. having received bids for the paving of streets at various locations in the city and having referred said bids to Messrs. Arthur S. Owens, John L, Wentworth and H. Cletus Broyles for tabulation, mhich tabulation showed the bid of Virginia Asphalt Paving Company, Incorporated, in the amount of $q6,084.00, ns low, Mr. Young moved to accept the bid of Virginia Asphalt Paving Company, Incorporated, and offered the folloming Resolution: (~12354) A RESOLUTION accepting the proposal of Virginia Asphalt Paving Company, Incorporated, Roanoke, Virginia, for the paving of streets at various locations in the City of Roanoke according to the Virginia Department of Highways Specifications dated April 1. Ig54, in the total sum of $96,084.00; authorizing and directing the City Manager to execute the requisite contract; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 3q5.) Mr. Young moved the odoptioa of the Resolution, The motion mas secosded by Mr. ~aldrop and adopted by the follomlag vote: AYES: Council members Davies, Hones, Pickett, Moldrop, Webber, Young. nnd the President, Mr. ~oody ................. 7. NAYS: None ....................... O. STORM DRAINS: Council at its meeting of March 20, 1955, having received bids for the construction of IS-inch storm drains to drainage wells in various locations and having referred said bids to Messrs. Arthur S. Owens, John L. #entworth and H. Cletus Droyles for tabulation, mhich tabulation showed the bid of Draper Construction Company, in the amount of $2,142.50. as low, Mr. Maldrop moved to accept the bid of Draper Construction Company and offered the following Resolution: (n12355) A R~SOLUTION accepting the proposal of Draper Construction Company Roanoke. Virginia. for the construction of 10-inch storm drain to drainage wells at various locations in the total sum of $2.142.50; authorizing and directing the City Manager to execute the requisite contract; and providing for an emergency. (For full text of Resolution. see Ordinance D,oh No. 20. Page 396.) Mr. Maldrop moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted by the following vote: AY£S: Council members Davies. Hanes. Pickett. Maldrop. Webber. Young and the President. Mr. Woody ....................... 7. NAYS: None ............................. O, SEWER CONSTRUCTION: Council at its meeting of March 26. 1955. having received bids for the construction of a 12-inch sanitary sewer line from Fishburn Park to Colonial Avenue and having referred said bids to Messrs. H. Cletus Mroyles. John L. Wentworth amd Harry R. Yates for tabulation, which tabulation showed the bid of R. S. Hudgins. in the amount Of $7.615.50. as low. Mr. Davies moved that the City Attorney be instructed to prepare a Resolution accepting the bid Of Hudgins and awarding a contract to Mr. Iludgins. provided that Mr. G. G. Fralin who requested the construction of the said sewer to serve a subdivision pay one-hal Of the cost into the City Treasury prior to the award of the contract. Th~ motion was seconded by Mr. Webber and adopted, SYADIUM-MAHER FILLD: The Roanoke Fair. Incorporated. having requested Council at its meeting of February 21. 1955. to amend Ordinance No. 12137 to provide for a daily rental of $300.00 and a weekly rental of $1.500.00. in lieu of the $500.00 per day and'$2,500.O0 per week rental now provided for mechanical, agricaltural, livestock, or any use recognized as fair purposes, which request was referred to the Stadium Advisory Committee for study and recommendation, the Stadium Advisory Committee reported that it is of the unanimous opinion that the rates suggested My Roanoke Fair. Incorporated. are too low and out of line with those generally prevailing for facilities of this nature in effect in various other cities and towns, but that the committee does recommend that Section 16 of the said Ordinance. providing for rental to mechanical, agricultural, livestoch and other uses recognized as fair purposes, be amended to provide for a rental of $400.00 per day. or $2.000.00 per week. and that Section 17. providing for rental to carnivals be amended to provide a rental of $400.00 per day. or $2.000.00 per week. i$7 Ir. Young moved to concur in the recommendation of the Stadium Advisory Committee and to direct the City Attorney to prepare ut Ordinance to curry out said recommendation, The motion wes seconded by Mr. Muldrop and odopted. SCHOOLS-GRAD£ CROSSING~: Council nt its meeting or March 14, 1955, baying instructed the City Clerk to ascertain from the Roanoke City School gourd mhether o~t it would accept nn advance of $350.000.00 for iumediete school improvement purposes, to be repaid from funds derived from the next school bond issue sold. the City Clerh presented a communication from the Roanoke City School 0ourd, advisin that it will accept an advance of $350.000.00 from the city, to be used for school Improvement purposes, mlth the understanding that this auount is to be repaid from the funds derived frou the next school bond issue. Mr. Webber moved to Instruct the City Attorney to prepare the necessary Resolutions and Ordinances providing for an advance of $350,O00.00 to the Roanoke School gourd, to be used for scboo) improvement purposes, mlth the under- standing that this amount is to be repaid from the funds derived from the next school bond issue sold, providing for the sale of $350.000.00 of bridge improvement bonds mhich were voted for the construction of the Jefferson Street Grade Crossing nation Viaduct and ProJect. and transferring from the Improvement Fund to the ;eneFal Fund $350.000.00 previously advanced to the Improvement Fund from the ;eneral Fund for the construction of the Jefferson Street Grade Crossing Eliminatio~ ~iaduct and Project. The motion was seconded by Mrs. Pickett and adopted. Mc. #aldrop then moved to instruct the City Manager to determine the cost per pupil in the public school system of the city. the tuition being charged for son-resident students and others in the city school system and the charge being ,aid to the county for school children attending county schools, the number of ~tudents being sent to the county schools from the city and the number of students the city school system paying tuition end report thereon. The motion was seconded by Mr. Hanes and adopted. CONSIDERATION OF GLAIRS: NONE. INTROOUCTION ANO CONSIOERATION OF OROINANCES AND RESOLDTIONS: ELECTIONS: An Ordinance to emend and reordain Section 24 through Section 58 of Chapter 15 of the Code of the City of Roanoke, Virginia, relating to Precincts and Voting Places, having been laid over from the previous meeting of Council, was again before the body. hearing on the Ordinance be set for 2:00 o'clock, p. m., April 11, 1955, and to instruct the City Clerk to invite the members of the Electoral Hoard and the Central Registrar to such hearing. The motion was seconded by Mr. Webber and idopted by the following vote: AYES: Messrs. Davies, Hanes. Waldrop. Webber, Young, and the President, Mr. ~oody ....................... NAYS: Mrs. Pickett--l. STREET WIDENING: The City Manager having presented to Council at its meeting ~f March 28, 1955, an Ordinance authorizing and directing the acquisition of a 5-fool strip of land on the north side of Sweetbrier Avenue, S. ~., east of Rosewood Avenue 1'88 and providing for in emergezcy, and huvlog requested that the Ordlncuce be laid over for ORe weeh to permit him to inspect-the property In question, he advised Council that he has inspected this property and recommended the cd,priori of the Ordinance. Hr. Hnldrop moved to concur In the recommendation of the City Manager nad offered the following emergency Ordinance: (a12356) AN ORDINANCE authorizing and directing the acquisition or n s-foot wide strip of land on the north side of Sweetbrier Avenue, S, W** east cf Rosewood Avenue; nod providing for an emergency. (For rail text of Ordinance, see Ordinance D,oh No. 20, Page 397.) Rt. Haldrop moved the adoption Of the Ordinance, The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Danes. Pichett, Haldrop, Hebber, Young, and the President, Hr. No*dy .................. 7. NAYS: None ........................ O. MOTIONS AND MISCELLANEOUS BUSINESS: CITY GOVERNMENT: Mr. Hanes stated that in his belief the city is faced with the alternative of providing additional storage space for records in the city or microfilming its records in order to conserve filing space, Mr. Hanes expressing the belief that microfilming would also add a factor of safety in the event of fire or other disaster, nndmoved that a committee consisting of Messrs. J. Robert Thomas, Arthur S. Owens. Randolph G. ~hJttle and John L. Nentworth mahe a study of the possible use of microfilm for copying the vital records of the city, including deeds and maps, and the cost thereof, and report its recommendations to Council. The motion was seconded bi Mr. Davies and adopted. STREET IMPROYEMENTS: Mr. ~aldrop stated that he has had several complaints about dust in the newly developed subdivisions and asked what is being done about it. The City Ranager advised that the subdividers, under the present law, have two years in which to grade and place stone on the streets and that he has prepared a letter to the residents of the new subdivisions, advising them of this fact and that the city can do nothing further until the subdivider has met the requirements on him. There being no further business, Conncil adjourned. APPROVED i Clerk ~r~d e ~_.~ J m COUNCIL. BEGULAH #EETING. Noudu7, April 11, 1955. The Council of the City o! Rounohe met in regular meeting In the Council Chamber Jn the Municipal Bulldiugo Monday. April 11, 1955, at 2:00 o*cloch, p. the regular meeting hour. with the President, Mr. Woody, presiding. PRESENT: Council members Davies. Hanes. Plckelt, Maldrop. ~ebber0 Young. the President, Mr. ~oody .............. ABSENT: None .................. O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. James N. Kincanon, Assistant City Attorney. Mr. Narry N. Yarns, City Auditor, end Mr. J. Robert Thomas. City Clerk, The meeting was opened with a prayer by the Reverend A. M. Po*ts. Pastor of the Huntington Court Methodist Church. MINUTES: Copy or the minutes or the regular meeting held on Ronday, April 4, 1955, having been furnished each member Or Council. upon notion or Mr, Hanes. seconded by Hr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: The Kroger Company having submitted to Council at its meeting of March 14, 1955, a request that property located on the east aide of Ninth Street, S. E.. between Bullitt Avenue and Highland Avenue, designated as Lots 1111, inclusiv Block 26, Belmont Land Company, be rezoned from Special Residence District to Husiness District, which request was referred to the City Planning Commission for study and recommendation, and the City Planning Counission having reported under date of March 17. 1955, that it is or the opinion that the use of the p~operties as proposed will provide improved shopping facilities for the southeast section with adequate space for off-street parking and that the Business District on Ninth Street should be extended southward to include the block in question, and. there- fore, having recommended that the petitioner*s request for rezoning be granted, and Council having set a public hearing on the question for 2:00 o'clock, p, April 11, 1955, notice or which was duly published as required by'law, the hearing imas duly held. at which no objections were presented; whereupon, Mrs. Plchett imoved that the following Ordinance be placed upon its first reading: (a12357) AN ORDINANCE to amend and reenact Article I. Section 1. of Chapter SI or the Code or the City of Roanoke. Virginia. in relation to Zoning. MHEREAS, application has been.made to the.Council of the City of Roanoke to have property located on the east side Of Ninth Street, S. E., between Dullitt and Highland Aveones. designated as Lots 1-11, inclusive, Block 26, Belmont Land Map. rezoned from Special Residence District to Business District. and MHEREAS, the City Planning Commission has recommended that the above property be renoned from SpecialResidence District to.Dusiness District ns requeste* NBEREAS, notice required by Article Il, Section 43, or Chapter 51 or the Code of the City or Roanoke, Virginia, relating to Zoning, has been published in nThe Roanoke ~orld-Nems*, a newspaper published in the City of Roanohe, for the time required by said,section, and 189 WHEREAS, the hearing ne provided in said notice published im the said neuspaper ues given on the llth day or April, 1955. nt 2:00 oeoloeh, p, m,. before the Council or the City er Roanoke in the Conrail Roan in the Municipal Building, nt uhich hearing aa objections mere presented by property owners and other inter- ested parties in the affected urea. and MB£REA$. this Council, after oonaldering the application for rezouiag, is of the opinion that the above property should be rezoned as requested, THEREFORE, BE IT ORDAINRD by the Coencil of the City or Roanohe that Article I. aeolian 1, of Chapter 51 of the Code of the City or Roanoke, Virginia, relating to Zoning, be amended and reenacted in the follouing particular and aa other, Via: Property located on the east aide of Ninth Street, $. E.. between DallJtt nnd Bighlnnd Avenues, designated as Lots 1-11, inclusive. Block 26, Belmont Land Nap. designated on Sheet 412 of the Zoning Map as Official Nos. 4121401, 4121402. 4121403. 4121404. 4121405. 4121406. 412140?, dI2140H and 4121409. he. and Is hereby changed from Special Residence District to Businesa District, and the Zoning Hep herein referred to shell be changed in this respect. The motion was seconded by Hr. Davies and adopted by the following vote: AYES: Council members Davies, Banes, Pickett. Waldrop. Webber, Young. and the President, Mr. Woody ......... NAYS: None ............... O. ZONING: Br. Edward P. Herndou having presented throagh his Attorney. Mr. Arthur E. Smith, a request that his property located on the northeast corner of BullJtt Avenue and Ninth Street, S, E., designated as Lot 10 and the eastern 32 feet of Lot 11, Block 17, Belmont Land Company, be rezoued from Special Besidence District tO Business District, and Council at its meeting of Barch 14, 19SS~ having referred the request to the City Planning Commission for study and recommendation, and the City Planning Commission under date of Harch 17. 1955, having reported that upon consideration of its location and Its proximity to the existing Business District on Ninth Street, the Commission feels that said lots should be included in the Business District, and, therefore, having recommended that the petitionerts request for rezo~ing be granted, and Council having set a public hearing in the matter for 2:00 o'clock, p. m** April 11, 19S5, notice of which hearing was duly published as required by law. the hearing mas duly held, at uhich no objections were filed; whereupon, Mr. ~ebber moved that the following Ordinance be placed upon its first reading: (a1235H) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter SI of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS. application has been made to the Council of the City of Roanohe to have two parcels of land, known as Lot 10 and the eastern 32 feet Of Lot 11, Block 17, of the Belmont Land Company Map, the two lots facing Bullitt Avenue and being the northeast corner of Bullitt Avenue and 9th Street, S. E., renamed from Special Residence District to Business District, and NBEHEAS. the City Planning Commission has recommended that the above two lots be rezoaed from Special Residence District to Business District as requested, WBERRAS. notice required by Article II. Section 43, of Chapter 51 of the Code of the City of Ro~noke, Virginia. relating to Zoning, has been published la 'The Roanoke ~orld-Neus~, a newspaper published in the City of Roanoke. for tine required by said section, and MRRR£AS. the hearing ns provided rot in said a,rice published ia said news- paper uss given on the llth daf or April. 1g$50 ot 2:00 ,scl,ch. po m.. before the C,ascii of the CJt! of Roanoke in the Council Room in the Municipal B~ilding. at which hearing no objections were presented b7 property ~wsers and other interested parties in the affected urea. cod MHEREAS. this Council. after considering the application for rezoning, iS of the opinion that the above tug lots should be fez,ned ss requested. TH£R~FORE. BE IT ORDAINED by the Council of the City of R,on,he that Article I~ Section 1. of Cha~ter 51 of the Code of the City of Roanoke. Virginia. relating to Zoning. be amended end reenacted in the following particular and no other, viz: Those certain tug lots known as oil of Lot 10 and the eastern 32 feet or Lot Il. Block 17. Belmont Land Company Mop. the two lots facing Bullitt Avenue and being the northeast corner of Bullltt Avenue nod 9th Street. S. E.. being the pr,pert designated on Sheet 412 o~ the Zoning Hap as Official No. 4120709 and 4120710. be. and ore hereby changed from ~pecJal Residence District to Business District. and the Rap herein referred to shall be changed In this respect. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies. Hanes. Pickett. Waldrop. Webber. Young. and the President, Mr. Woody ........... 7. NAYS: None ................. O, ELECTIONS: The Ele'ctoral Hoard of the City of Roanoke having presented to Council at its meeting ~ March 14, 19S5, a request for certain changes in the voting )reciocts and voting places, which request was referred to the City Attorney for preparation of the necessary Ordinance to effect the changes as recommended by the Board, which Ordinance was before Council at its meeting of April 4, 1955.' and laid over for an Informal public hearing on April 11, 19SS, the Ordinance was again befor~ t~e body.' In this connection, a petition from forty-eight citizens residing in the proposed Williamson Road Precinct Ho. 5, expressing opposition to naming Huff Lane School as the voting place for the said precinct since the school is located in a field near the extreme western boundary of the new precinct and is in the opposite direction from that travelled by residents of the area in going to or from work and shopping districts and is not on a bus line, was presented to Council, the petition further stating that if it is necessary to establish the new precinct the residents )refer that thc voting place be established at Webber*s Florist. Mr. T. B,ward B,yet. Chairman of the Electoral Board, appeared before Council and stated that in the Board*s opinion it is better to have voting places in public buildings, but that tho Board concurs in the use of private property for voting plac~ if suitable, Mr. B,yet pointing out that voting places on Hillianson Road are difficl to obtain and that it ls only a matter of time before there will be no parking on Hllliamson Road, thus making the problem more difficult, stating, however, that the Board is willing to place the voting place at any convenient available location. Rt. Young moved to concur in the request of the citizens aod establish the voting place at Webberts Florist on Williamson Road. Mr. Webber stated that in view of his membership on City Council he Mould pre- fur not having the voting place for the precinct in his place of business since he 1 opposed to commercialization in any manner of thc elections by the people and that tH~ I92 ~eoPle of'tke'neig~b~r~o~'~"t~ Ci~ ~ill oc~epi't~e ~g plnoe free of ohorge. #~; n~yer'then'siate~'thit he h~ zpprozc~ed'M~. Webber on the question helot sn~ anderstnading'#r. Wcbber~s relnctzzc0 had not recommended it In deference to Hr, rabbet, hut that the Electoral Board world like to bare tko voting plzce located in dr, Webber*s piece of business since it provides adequate off-street parking ned be more convenient to the citizens of the precinct than uny other place. The motion ns made by Mr, Young'was then seconded b~ ~r. Hanes end adopted. Hr. Wuldrop then offered the following emergency Ordinance: (#12359) AN ORDINANCE to amend and reordain Section 24 through Section SO of ~hapter 15 of the Code of the City of Roanoke. Virginia, ns amended, relating to Precincts and Voting Places; and declaring an emergency. (For full text of Ordinance. see Ordinance Book No. 20, Page 398.) Mr. Waldrop moved the adoption of the Ordinance. The notion mas seconded by Ur. Banes and adopted by the following vote: AYBS: Council members Davies, Banes, Pickett. Wnldrop. Webber, Young, and the iPresident, Mr. Woody .................... ...................... OD NAYS: None CONTRIBUTIONS: Nr. A. O. Nedrick of the United Spanish ~ar Veterans appeared i~efore! Council and requested that an appropriati'on of $200.00 be made to help defray ithe expenses of a convention of the Department of Virginia, United Spanish ~ar Veterans. to be held in Roanoke, June 26-26, 19SS, at uhich it is expected that 100 to 150 delegates mill be present. Rt. Hanes moved to take the matter under consideration for one week and that the City Clerk be Instructed to review the records and report to Council what actions have been taken in this respect in the past. Yhe motion mas seconded by Nr. Davies. Mr. Young stated that appropriations have been made in the past for the ~urpose of assisting the United Spanish ~ar Veterans in their conventions and that ;here are sufficient funds available under Section ~110. "Recreation Department". of ;he 1955 budget, appropriated for public celebrations and offered the followin9 :esolution as a substitute motion: (~12360) A RESOLUTION authorizing and directing.the City Auditor to draw ~arrant amounting to $200.00 in the name of the Captain George H. Bentley Camp, ~nited Spanish War Veterans, to assist in defraying expenses incident to a convention be held in Roanoke', June R6-2R, 1955. (For full text of Resolution. see Ordinance Book No. 20, Page 4~5.') Rt. Young hayed the adoption of the Resolution. The motion mas seconded by ar. ~aldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett. Waldrop. Webber, Young, and the President, Mr. Woody ............. 7. NAYS: None ............... O. Hr. Andrew J. Mills. Commander, Department of Virginia, United Spanish War thanked Council for the action taken. PETITIONS AND CONRUNICATIbNS: SENAGH DISPOSAL: The City Clerk presented an excerpt from the ¥1nu~es cf a of the Board of Supervisors of Roanoke County. Virginia, held on March t955, requesting that the City of Roanoke grant permission for a six months' =emporary 1ewer connection to serve nine lots in the Hearthstone Addition, said permisSioi to terminate at the eld or six uontks, or before, ir the County of Roanok6 should h·ve completed · sewer system to serve the Horth-ll ·res. Hr. Voung moved to refer the request to · committee coosistlog of Hessrs, Roy L. Mebber, Molter L. Voung, Arthur S. Owens ·nd'Randolph G. Whittle, mhich committee Is consulting with the colaty l.m sewer m·tters, rot study and recommenda- tion. The motion Was seconded by Hr. Hebber and sdopted. STADIUM-HAH£R FIELD: A COBmUnication from the Stadium Advisory Committee, sdvising that the Shenandoah Life Ststions have offered to dooste an electric scorebosrd for use at Victory Stsdlum for football, with the understanding that permission be given for a courtesy credit to the Shenandosh Life Ststlons, and recommending acceptsnce of the offer, was before Council. Mr. Hsnes moved to concur in the recommendation o! the Stsdlom Advisory Committee and to instruct the City Attorney to prepare the proper Resolution. Hr. Mebber"offered a substitute motion to request the Stadium Advisory Committee to study the question of advertising in the Municipal Stadium and Athletic Yield, look into the matter of existing advertising therein and make recommendations to Council regarding future policy and establishment of rotes for advertising in the area. The motion mas seconded by Mr. Young and adopted. STREET LIGHTS: A communication from the Appalachian Electric Power Company. reporting the installation of four 2500 lumen street lights, the removal of one 2500 lumen street light and three 6000 lumen street lights and changing one 21000 lumen light from overhead to underground in the city during the month of March, 1955. mas before Council. The communicatio~ mas ordered filed. STRE£TS AND ALLEYS: A communication from Mr. Allen W. Staples. Attorney for O~tto C. Cald~ell, et als, requesting that a portion of Billcrest Avenue, H. extending approximately 170 feet north of Oakland Boalevard, be vacated, discontinue~ and closed, pursuant to the provisions of Section 15-766.1 of the Code of Virginia of 1950 as amended, and enclosing an agreement of the landomners abutting on that portion of Hillcrest Avenue, as provided by law, was before Conncil. In this connection, the City Clerh presented a report of the City Planning Commission, stating that in view of the fact that a new subdivision is now being developed and the elevation of the land makes it impractical to project Blllcrest Avenue. the Commission feels that it will be to the city's interest to abandon that portion of Hillcrest Avenue as requested in the petition without destroying the rights of the affected property owners, and recommending that Council grant the request of the petitioners and that consideration be given to retain lng any easements which may be necessary to protect existing utilities. Mr. Mebber moved to set a public hearin9 on the request for 2:00 o*cloch, p. m.. May 2, 1955. in the Council Chamber. The motion was seconded by Mr. Waldrop and adopted. HOUSING: At this pbint, Mrs. Pickett stated that a number of citizens are in the Council Chamber in connection with the proposed redevelopment plan for Project No. U. B** Va. 7-1, known as the Commonwealth 8e~evelopuent Project, listed on the agenda under Unfinished Business, and moved that the matter be taken up out of order and heard at this point in order that the citizens present will not be unduly delayed. The motion was seconded by Mr. Banes and adopted by the folloming vote: i-93 AYES: Couuoll members Devlea. Heueso Pickett, 6oldrop. lubber0 Young, tad the President, Br. ~eod~ ............... 7. NAYS: None ..................... O. Cooooil by Resolution No. 12267, adopted gu tke22od day of November, 1954, having appointed a committee composed of Isyor Robert ~. ~oody, Chairmen, Council- men loiter L. Young nad go! L. lebber, Gessrs. Rssdolpb G. lhlttle, Arthur S. Owens and Garry R. Vines to draft e proposed contract between the City of Roanoke Redevelopment end 6nosing Authority and the City o! Rom oke providing for u redevelopment plan rot Project 6o. 6. R** Va. ?-1, or the Commonmealth Redevelopment Project, lnvolviag approximately 83.5 acres of land situated in the oortheost section of the city, and submit said proposed contract to Council for study nod consideration, and further conditionally evidencing its intent to authorize the onion of such proposed contract, rot and on behalf of the city, if and uben the same has been approved by it and It hms been determined that such contract is also acceptable to said Authority, the said committee submitted its report. transmitting the following draft of a proposed contract, which it advised, in Its jodgmenl, is protective of the city's interest, for consideration or Council: WTBIS AGR£EIENT. entered into this day of , 1955. by and between the CITY OF ROANOKE REDEVELOPMENT ANn HOUSING AUTGO~ITY. a duly organized and existing body politic of the Commonmealth of Virginia. (herein called the *Authority*), and the CITY OF ROANOKE. a municipal corporation of the Commonmealth of Virginia (herein called the tClty'). N I T N E S S E T B: ~ THAT, WHEREAS. by Resolution adopted on . 1955. the Council of the City of Roanoke has approved a slum clearance and redevelop- ment plan proposed by the Authority. designated 'Redevelopment Plan for Project No. U. R., Va. 7-1 or Commonwealth ProJect'; and, WHEREAS, said Plan contemplates the acquisition and clearance by the Authority of portions of the project area delineated by heavy black lines on the attached set of maps entitled 'Property Line and Ownership Data*. and the re-use and/or sale of various portions thereof for residential. commercial, highway, street, school, playgroond, public and other purposes. all of which uses have been determined by the City to be in accordance with the general plan for the City as a whole and in accordance with certain definite local objectives as to appropriate land uses and improved traffic, public transportation, public utilities, recreational facilities and other public improvements, as in said Plan and Resolution set forth; WHEREAS. fa order for the Authority to effectuate said pLAN, the assistance of both the Federal Government and the City is required; namely, of the Federal Government by lending funds needed to defray the grass cost of the project, and, upon completion of the Project and repayment of such loan, by contributing two-thirds of the net cost of the project; and of the City by making certain local grants-il-aid (as specified in Title ! Of the Housing Act of 1949), as hereinafter provided, in a total amoont equal to one-third (or the balance) of the net cost of the Project; and BHEREAS, in conformity with Title 36, Chapter I of the Virginia Code, 1950, and the City Cooncil*s approval Of said Plan, the Authority is applying to the Federal Government for financial assistance under said Title I, and It now devolves upon the City to take certain actions and to provide certain grauts-ln-a~mhJch ate estimated, on the basis of surveys and plans heretofore wade by the Authority, to be required in the total amount of $1,025,650.00. NOW. THEREFORE. in consideration of the benefits to accrue to the City and its citizens from the Project* and of the mutual covenants hereinafter set forth, the Aothority and the City agree as follows: 1, In order to ostist the Amthority in undertaking the Project the City agrees to wake the following grants-in-aid: To pay the Authority the total sum of $1,025,850.00 (hereinafter referred to as the *Base Figure*) in cash (a) P~ovided, however, that if by December 31, 1956. the City has conveyed mnto the Authority fee simple title, free from all encumbrances, those certain parcels, lots lying and belonging to the City of Roanoke, Roanoke, Virginia, and identified on the official tax map for the City of Roanoke as tax number 2020430, 202112B, 3020310, 3020312. 3020301, 3020308, 3020901, 3020904. 3020501, 3021420, 3021419, 3021718, 3022417, South part of 2020419 and Sooth part of 2020420, and all being nitoated within the identified Commonwealth Redevelopment Project Area, or such of said real estate as the City way not aced for Ruaiclpal purpose, there shell be credited agolesl the Base Figure the etch fair market value of such property as Js colveyed at the time or conveyance mhlch is es*lea*ed to be (b) Provided~ hoaever, that ir by said date, the City has caused to be coma*rented, il accordance uitb a schedule mutually agreeable to the City and the Authority such water distribution system aa required by the Redevelopment Plsl, there shall be credited against said Rase Figure the actual cost.of constructing such system, estimated to be the amount of $50,0T9,00. (c) Provided, however, that if by said date the City has initiated the construction of aa elementary school, coBs*rented il s location so os to principally serve the Redevelopment Area, there shall be credited upon completion of same against the Rase Figure the to*el cost of enid school and equipment estimated to be $402,750.00. (d) Provided, however, that for the eew Lucy Addison nigh School building and site which cost $1.614,610.00 and the construction of which was began January, 1952, mhich was subsequent to the first sdvsece loan to the Authority frow the Bossing and Bone Finance Agency. there shall be credited against said Rase Figure 33 1/3~ of the cost thereof, viz. $538,203.33. (el Provided , however, that if the City purchases from the Authority et its then fair value, and develops for additional school playground area, for the Gilmer Avenue School being the area designated therefor on said Plan. and in accordance with the said Plan, there shall be credited against said Rase Figure such percentage of the total cost of said purchase and development cost as the estimated number of students to attend said school from the project area bears to the total number of pupils the facility was constructed to serve. The cost of said playground facility is estimated to be $35,000. R0 and said percentage is estimated to be (fl Provided, however, that if within a reasonable time after written request therefor by the Authority but in no event later than December 31. 1950, the City has caused to be re-aligned and improved Second Street between Orange Avenue and the South boundary of the P~oJect in accordance mlth the Redevelopment Plan, there shall be credited against said Rase Figure the total cost of such improvement from the center line of Gregory Avenue to the intersection of Second Street with Orange Avenue a~d SO~ of the cost of such improvement between the center line of Gregory Avenue and the South boundary of the Project. It is understood that the total cost of this work is estimated at $47.902.00 of which It is estimated that $22.R22.oo will be required for the improvement to be made between Gregory Avenue and Orange Avenue and $24,0S0.00 for the improvement of the remainder of Second Street within the ProJect area. The total amount to be credited against said Rase Figure is estimated to be $35,062.00; 2. Math respect to the construction of the buildings and facilities referred to in the foregoing sub-paragraphs which are undertaken, but not actually completed, on the respective dates above specified, the City agrees to complete such construction within o reasonable time thereafter, in order to facilitate completion of the project thereby lessening the cost thereof. 3. The City agrees to convey to the Authority the streets and alleys in the project area uhich are to be abandoned according to said Plan. Such conveyance shall be nude within a reasonable time after reqoest; thereby allowing the Authority to facilitate carrying out the Redevelopment Plan. 4. The City agrees to purchase the aforesaid nam and additional school playground area as shown In the Redevelopment Plan and the Authority agrees to convey to the City after acquisition and upon demand by the City, the land for such purpose, and the City agrees to pay the Authority therefor the fair value in cash at the time of conveyance, as agreed upon by the ~arties. 5. The City agrees to purchase and the Authority agrees to s'ell, a site for public *se as the Clt7 may require for an overpass on 0range Avenue and Second Street, in excess of the 114 foot right of way, at the fair v~loe in cash at the time of conveyance, as agreed upon by the parties, 6., The Authority agrees to sell:to the City, should the City elect auditorium or other municipal purpose located on the Northwest corner of Shenandoah Avenne and Fourth Street, ns shom~ in the Redevelopment Plan. at the fair value, in cash, which is agreed upon by the parties, to be paid by the City to the Authority upon delivery of deed of conveyance, said conveyance to be made within three months after such notice of election by the City to so purchase, or as soon thereafter as the Authority can acquire title to the same. 7. The Authority agrees to dedicate, without payment by the City, the additional lauds mithtn the ProJect area as shown for street widening purposes in the Redevelopment Plan, except the additional twenty foot right of way to be added to Commonwealth Avenue, between Second Street and the intersection of Commonwealth Avenue and 4th Street, and the Aothorit agrees to convey to the City, should the City desire to purchase, said additional twenty foot right of way at any time before December 31, at the fair value In cash at the time of conveyance as agreed upon by the parties.* 8. The City, in accordance with said Plan, at no cost OF expense to the Authority and upon its request, will. insofar as it can lawfully do so, vacate the streets, roads, alleys and other public ways designated in the Redevelopment Plan for vacation and will tahe such other lawful actions as may be deemed by the City and the Authority to be necessary or desirable 1'95 Iu eomuectlol with the xadertuhieg tad currYlog out'of the FroJnot. q. ~.T&o sums payable hereunder byelther or,aka.parties herut,~to the other shell not bear lelereet before the respective dates specified forpuymeat n.dltleterest is payable It shall .et exceed 3~ per ilium. lO., ltls understood end,agreed that the CJtyee obligation hereunder is to make Cash or aon-cash~graate-lu-aid lu'u total awount equal to Cna- third of.the total.actual net coat of,the ProJect and.that the amounts payable by the City to the Authority as hereinubove set forth are based em estimates (ezcep.t as otherulse indicated}, nnd that if the total actual aet cost of the project (as deterwleed by the Aithorlty, In accordance mlth its contract mlth the Federal Goveremeet) is greater or less than the total estimated net cost of the ProJect, tho amelia of the cash payments to be nude by the City to the Aethorlty Including grants- ia-aid as provided in paragraph (1) above, Shall be appropriately adJusted~ provided, however, that the aggregate required nmonnt of such grants shall In no event exceed $1,025,050.00. IN MITNEsS'MHEREOF. the City and the Authority have respectively caused this Agreement to be duly executed as of the day and year first ATTEST: CITY OF ROANOKE fly: Chairman of City Council City Clerh CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY Dy: Chairman~ Secretary Council having further at its meeting of April 4, 1955, referred to the same committee a letter from the Neighborhood Improvement Council, advising that It had prepared a plan for improvement to sub-standard areas and requesting that Council instruct the City Manager to secure the cooperation of all city departments in effecting such plan. the committee reported that the plans of the Neighborhood Improvement Council are commendable and should be encouraged and recommended that the City Manager be instructed to secure the cooperation of all city departments as requested. Mr. Nebber moved to concur in the report of the committee and offered the following Resolution: - (a123bl) A RESOLUTION conditionally evidencing this Councilts intent to authorize the execution, for and on behalf of the City, of a contract between the City of Roanoke Redevelopment and Housing Authority, a duly orgacized and existing body politic of the Commonwealth of Virginia, and the City of Roanoke, providing for a slum clearance and redevelopment plan for Project No. U. g., Va. 7-1, or the *Commonwealth Redevelopment Project*, involving approximately 63.5 acres of land situated in the northeast section of the City. (For full text of Resolution, see Ordinance Hook No, 20, Page 405,) Mr. Kebber moved the adoption of the Resolution. The motion was seconded by Mr. Young. Mr. Hanes then offered a substitute motion that acceptance of the proposed contract be referred to a referendum of the voters to be held in connection with the General Election ia November and that the City Attorney be instructed to prepare un Ordinance prorldllg for such a referendum. The notion nas seconded by Mr. Maldrop and defeated by the rollouing vote: AYES: Council members Davies. Hanes and Waldrop .............. 3, SAYS: Council members Pickett, Hebber, Young, and the President, Hr, Woody ........... ~ ............. 4, The Resolution mas then udopted by the following vote: AYES: Council members Pickett, Webber, Young, sad the Presldeu, t, Hr, Woody ............. T---4. NAYS: Council members Davies, Hanes and Maldrop ......... 3. REPORTS OF OFFICERS: PURCHASING AGENT-DEPARTMENT OF PUBLIC MOR£S: The City Manager reported that the Parchasing Agent called for bids for one dirt loader for which as item of $10,000,00 mas carried in the 1955 budget and that bids were received under date of April 4. 1955, from Rcllhany Equipment Company, Incorporated, in the amount of $T,950,00; Phillips Machinery Company, in the amount of $8.796.15; RUsh Equipment Company, in the amount of $9,d14.00; and Southern Machinery and Supply Company, in the amount Of $8,228.48, that the bids have been gone over and tabulated by Messrs. John L. Mentmorth, Director of Public ¥orks, B. C. Rroyles, City Engineer, and R. 8. Ross, Purchasing Agent, who have recommended purchase of the loader from the low bidder, Mcllhany EQuipment Company, Incorporated, in the amount of $7o950,00, advising that all machines met the cityts specifications, the City Manager concurring in the recommendation. In this connection, Mr. D. F. Kllng appeared before Council and raised a question as to whether or not the equipment upon which the low bJdis based will develop 75 H.P., as specified for minimum underthe specifications, at a reasonable engine speed· The City Manager replied that the equipment of the low bidder meets the city*s specifications and that he, an well as the using agency, recommends acceptance of the low bid. Mr. Webber moved to concur in the recommendation of the City Manager and offered the following Resolution:, , (~12362) A RESOLDTIO~ accepting the proposal of Mcllhany Equipment Company. Incorporated, Roanoke, Virginia, for furnishing the City of Roanoke one dirt loader for street construction, in the amount of $7,950.00 net. FOR. Roanoke, Virginia; authorizing and directing the Purchasing Agent to purchase the dirt loader in accordance with said proposal; and providing for an emergency. (For full.text of Resolution, see Ordinance Dook No. 20, Page 406.) Mr. Webber moved the adoption Of the Resolution. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ........... NAYS: None ................. O. ,. GRADE CROSSINGS: The City Manager reported that under the contract awarded to Rea Construction Company for the construction of the Jefferson Street Grade Crossing Elimination Viaduct and Project there was a condition that said contractor would secure necessary dirt forfills from a pit at the Junction of Luhens Street and U. S. Highway Route No. 460, mhich would permlt~the opening of Lnkens Street, .9.8 nnd providing further that in the evelt the contractor struck rock, dirt mas to be furnished to ~he contractor from ague other locktioe: further than'the contrnCtor has struck rock ut tko Junction ~f Lohoas Street and ~. $. Higbmay Route No. 46~ and snbsequently has had to secure d~r~ ~rou'aaoth;r location, m~lch necessitated increase 6f ?'l/2'ceut~ ~r c~lc 7urd ~r d~rt~ tke'~ggregute cost of which will be approximately $2,000,06, ~he City #tnuger'reportiug further thee the State Blghma~ Department nnd the norfolk ned Western Reil~nx Company and he. acting rot the city, have co~firmed this~ndditlo~tl cost, nad requested Council to to the City Attorney for preparation ~f the necessary Reaolntion. The motion wan seconded by Hr. Hanes and adopted. REPORTS OF CORRITT£ES: ~ONE. UNFINISBED ~USINESS: SERAGE DISPOSAL: Couecil at its meeting of March 21, 1955, buviug referred to a committee conslstiug of Messrs. Walter L, Yonng. Chairman, Herbert A. Darien, Arthur S. Owens, John L. Wentworth end H. Cletus Rroyles the matter of the damage to a dam encasing a 42-inch sewer line across Roanoke River at the west end of Wasena Park for study and report mn the folloming: (1) Whether the dam mas constructed in accordance with the specifications as drawn by the engineers. (2) If so. whether the engineers" plans and specifications provided a dam sufficient to meet conditions that might be expected from the flow of water against it. (3) All other matters pertaining to the construction of the dam. in its opinion the dam had been constructed in accordance with the specifications drawn by the engineers and stating further that it would submit a further report a later date with reference to the other items, the committee recommending that because of the imminent emergency which might make it disastrous to delay the performance of the requisite work in repairing the dsm that the City manager be authorized and directed to employ Wiley ~. Jackson Company to make permanent repairs to the dam on the basis of cost, plus 12 1/2 per cent of all labor and nnterials, plus established rental rates on equipment, end in accordance with plans, directions and instructions prepared and promulgated by Hayes. Seay. Rattern and Rattern, Architects and Engineers. which company, the committee advised, has offered its services in connection with the repair work free of charge. Hr. Webber moved to concur in the report of the committee and offered the following Resolution: (~12363) A RESOLHTIO~ authorizing the City Manager to employ Wiley N. Jackson Company to repair the 42-inch sewer grade crossing, Waaena Pnrk: and providing for an emergency. (For full text of Resolution. see Ordinance Rook ~o. 20, Page 407.) Hr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett. Waldrop, Webber, Young. and the President. Hr. Woody .............. 7. NAYS: None .................... O. CLAI#S-FIRE DEPARTRENT: The City Hanager having presented to Council at its meeting o~ April 4. 1955, a report stating that Fireman W. B. McBride bad fallen on nn nutowoblle owned by #r, S. F. Selwyu while cleaning windows at No. I Fire Stotion*'dolog cousiderebl~ domuge to the top of Mr, selwyn~s cur, nad recommending uu~h~i~ou of payment to Ir~s~lwyn rev damage to his cur in u sum not to euceed $80~00, which'mu~t~r'~s laid aver to tie meeting of April 11, 1955, the matter uus iiid o~er for tug ~eeks.~ · ~TSAFFI¢: Council ut its meeting or April ~, 195~, having referred to the City Attorney the question or vehicles bucking into highways within the city rev study and consultation with state officials to determine what method, if uny, is used by tie ~tete i'm preventing such occurrences, the City Attorney reported that under bo~h the cityts Traffic Code and the State Code the driver of n vehicle entering upon u public highmoy from a private road or driveway shnl~, immediately before entering such highway, stop. and upo~ entering such highway shall yield the right of way to all vehicles approaching on such public highway, that he has consulted with state police officials who advise that they know or no law prohibiting motor vehicles from backing into higbmays. Hr. Waldrop moved to lay the matter over to the meeting of April 2S, The motion mas seconded by Mr. Hanes and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLHTIONS: STADIUM-MAHER FIELD: Council at its meeting of April 4, 1955, haydn9 directed.the-City Attorney to prepare an Ordinance providing for the'amendment of Ordinance Ho. 12137 to carry Out the recommendations of the Stadium Advisory Committee presented to the body at that time, Mr, Hanes moved that the folloming Ordinance be placed upon its first reading: (~12364) AN ORDINANCE to a~end and reordaln Sections 16 and 17 of ARTICLE I of the *Municipal Stadium and Athletic Field Rental Ordinance*. BE ITORDAINED by the Council of the City of Roanoke that Sections 16 and 17 of ARTXCLE I of the "Municipal Stadium and Athletic Field Rental Ordinance* be, and said sections are hereby, amended and reordained to read as follows: Section 16. gechanical, Aqricultural, Livestock, or Any Use Recoqnized as *Fair* Purposes. $400.00 per day or $21000.00 per week. Xn addition a $100.00 clean up charge shall be paid with the initial rent payment and the City will clean up the premises. These Charges include rights to all concessions. Any space under lease to, or in use by, other parties Section 17. Carnivals and Other Similar Use. $400.00 per day, or $2,000.00 per week. In addition a $100.00 clean*up charge shall be paid with~the initial rent payment and the City will clean up the premises. These charges include rights to all concessions. Any space under lease to, or in use by, other parties is The motion was seconded by Mr. Davies and adopted b~ the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President,Mr. Woody'- ...... ~-~--~.' .... "~ "' NAYS: Sone--~ .......... £ ....... O. SEWER CONSTRUCTioN: C~uncil at its 'meeting-o~ April 4o 'IgSS, baying receire, the tabulation of bids for 'the construction of a 12-inch sanitary sewer outfall line from Flshburn Pav~ to Colonial Avenue to serve a subdivision of C. G. Fralln and having directed the City Attorney to prepare a Resolution accepting the bid of 200 H, S, Hudgins and uward?g haw the contract for the coRa*motion Of said sewer, such Resoluliou tO provide lb~t*executioe of the cue*fact is cna*accent upoi G. G. Frolic paying to the CIW of Roanoke, prior thereto, Gee-hal! of the coat o! tko cons*ruction of said ~euer line, the following Rennin*Ion Wis preseeted: #A RESOLUTION accepting the proposal or in S. Hudgina, Roanoke, Vlrgliiu, for the cola*fac*foe of I 12-Inch aunltury sewer line from Ffahbnrl Par& to Colonial Avenue In the total sun o! $T,015.$0~ authorizing end directing the City #manger to execute the requisite con*cacti mud providing for nl elergency° WHEREAS, 8 cowulttee composed or Hr. H. Cie*us Broyles, City Engieeer, Hr, John L. Hen*nor*ho Director o! Public Hocks, and Hr° Hurry R. Va*es, City Auditor, upon the request of the Council of the City of Roanoke, has tabulated bids heretofore received for the construction of · 12-loch sanitary sewer line from Fishburn Park to Colonial Avenue, and ~H£REAS, ft appears from auld tabulation that the bid of H. S. Hudgins, Roanoke, Virginia, In the total mum of $?,815.50, la the Inmost and best bid received for the construction of u 12-inch sanitary saucy line from Fishbuvn Park to Colonial Avenue, and · HEREAS. this Council la of the o~lnion that the proposal of H. S. Hudgins, Roanoke, ¥1rglnfa, should be accel, ted and that · contract for the project should be so awarded to Hr. Hudglr. s, and · BEREAS, G. G. FralJn has paid to the City of Roanoke $3,907.75, being one-half of the cost of construe*lng said sewer line, in acoordance with his agreement dated August 20, 1954, and WHEREAS, for the preservation of the public health, an emergency is declared to exist. THEREFORE, HE IT RESOLVED by the Council of the City of Roanoke as follows: Section 1. That the bid of M. S. Hudgins. Roanoke, Virginia, for the construction of a 12-inch sanitory sewer line from Flshborn Park to Colonial Avenue, Js hereby determined and declared to be the best bid therefor; and that u contract for said project .be forthwith executed In the sum of $7.815.50. Section 2. That Arthur S. Owens. City Manager, be, and he Is hereby authorized and directed, for and on behalf of the City of Roanoke. to execute the contract herein provided for. Section 3. ~hat, an emergency existing, this Resolution shall be In effect from Its passage. Mr. Webber moved to refer the Resolution back to the City Attorney for revision to include the details of the agreement between the City of Roanoke and G° G. Fralin. The motlom was seconded by Mr. Young and adopted. RESOLOTiO~S OF SYMpATHy: Mr. Webber offered the following Resolution as a memorial to the Honorable Junlus Blair Fishburn. deceased: (m122~S) A RESOLO~IO~ offered as a memorial to the ltonorable Junlua Hlair Fishhmrn. deceased. (FOr full text of Resolution, see Ordlnauce Hook No. 20, Page 40~.} ~r. Webber moved the adoption of the Resolution. The motion was seconded by ~r. Davies and adopted by the following' vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young. and the President, Mr. Woody ........... T. NAYS: None ................. O. ~OTIO~S AND HISCELLANEOUS BUSINESS: PURCHASING DEPARTMENT:Mr. R. paUl Fulta, a representative of Baker EquiPment Engi .... lag Company, appeared before C .... il and Sta~ed that he has been bidding on city equipment for thirty-one years and that the city's rules and regulations with reference to bidding ~re confusing to him and other equipment dealers, citing as an example a bid he placed for a garbage body tn be installed un a truck Just recently where three bidder's bid on specifications calling for dellve~y FOB, the factory, one bidder having' bid on delivery FOB. Roanoke, Virginia, as a resnlt of which all bids were thruwn out. Hr, Buses requested Hr, Fultz to put his complaint in writiug and submit it to COsBcll at a future meeting. Hr, Young then stated that there hove been numerous complaints niece he has bees an Council uith rerereace to the cities porchsslag policy and it leads him to believe that something is urong mith the system, Hr. Iousg suggesting that m committee coasistiag of the Cltl Hansge~, one represeutatlve of the Equlpmeat Division of the Virginia Department of Highmays, a disinterested equipment dealer sad a representative of the Purchasing Department of the Norrolh and Nesters Railway Compsuy be appointed to stodl the cities purchasing slstem and formulate policy for the purchase of equipment for Councllta consideration. suggesting, however, that no action be taken until the next regular meeting of C~uncil. TRAFFIC: The Hayor presented a letter from Hr. Percy G. Oiler, requesting that proper officials see ir anything can be done to prevent obstruction of drive- ways at the Blue Eagle Tourist Court on Wllliamson Road by truckers, Mr. Webber uored to refer the communication to the City manager for necessary action. The motion mas seconded bi Hr. Banes and adopted. There being no further business, Council adjourned. APPROVED Clerh 201 202 COUNCIL, REGULAR MEETING, Monday, April 18, 1955o The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Uullding, Monday, April I0, 1955, et 2:00 o'clock, the regular meeting hour, with the President, Mr. Woody. presiding. PRESENT: Couocil members Davies,. Hanes. Pickett, Waldrop, Webber. Young. and the President, Mr,'. Noody---~ .... . ..... ~-~-7. ~ : A~SENT: Nose .......................... O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph C. Mhittle City Attorney, Mr. Harry Ho Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend Joseph E. Priugle, Pastor of the Melrose Presbyterian Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing on the request of Blue Stone Block Company, et als, for rezonlng from Ceneral Residence District to Light Industrial District certain portions of Jackson Park Laod Company haying been set for 2:00 o'clock. p. m.. April IU0 1955, and notice of said hearing having been published in The Roanoke Morld-Nems on March 31. 1955, as required by law, said public hearing was held, at which no one appeared, and the City Planning Co~mission having reported that in its opinion the area is a potential industrial site and should be reclassified in order that the land may be properly developed, and further, having recommended that the contiguous properties also be rezoned to Light Industrial District, Mr. Webber mored to concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~1235b) AN ORDINANCE to amend and reenact Article I. Section 1, of Chapter 51 of the Code of the City of Roanoke. Virginia, in relation to Zoning. WHEREAS. application has been made to the Council of the City of Roanoke to have a certain tract of land bounded on the north by Orange Avenue (U. S. Route 4BO). on the east by 20th Street. Northeast, and Maylaud Street, on the south by the South Corporate Limits, and on the west by Tinker Creek, including the follomin9 properties: Glen Palls Map - Blocks 11, 17, and 13; Lilly View Acreage - Official [Number 3211201; Jackson Park Wap - Blocks 3, 4, 5, 6, 7, B, 9, lO, 11. 12, 14. 14 l/: 15, 17. 18. and 19, rezoned from General Residence District to Light Industrial DistrJ'ct, and WHEREAS, the City Planning Commission has recommended that the above tract of land be rezoned from General Residence District to Light Industrial District as WHEREAS, notice required by Article II, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in #The Roanoke World-News*, a newspaper published in the City of Roanoke, for the time reqalred by said section, and WHEREAS, the hearing as provided for in said notice published in the said newspaper was given on the IUth day of April, 1955, at 2:00 otclock, p. m., before the Council of the City of Roanoke in the Council Room in the Municipal Building, at mhtch hearing no objections were presented by property owners and other intereste, parties in the affected area, and 203 WHEREAS, this Council, after considering the application for rezoaing, ia or the opinion that the above tract of land should be rezoned as requested. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be awended and reenacted in the following particular and no o~her, viz: A tract of land bounded on the north by Orange Avenue (H, S. Route 46o}, on the east by 20th Street. Northeast, and ~ayland Street, on the south by the South Corporate Limits, and on the west by Tinker Creek, including the following properties; Glen Falls Hop - Blocks 11, 17. and 13; Lilly View Acreage = Official Number 3211201; Jackson Park Hap = Blocks 3, 4, 5, 6. 7. 0. 9, 10, 11, 12, 14, 14 1/2, 15. 17, 19, and 19. being a portion of property designated on Sheets 321 and 322 of the Zoning Hap, be. and is hereby changed frow General Residence District to Light Industrial District. and the Nap herein referred to shall be changed in this respect. The motion was seconded by Mr. WaldFop nnd adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Naldrop. Webber, Young, and the President. Hr. Woody ..................... ?. NAYS: None ........................... ZONING: A public hearing on the request of Dr. Edwin J. Palmer that Lets 10 and 11. Section 16. West End Land Company. located on the north side Of Campbell Avenue. S. N.. west of Thirteenth Street. be fez,ned from General Hesldenc~ District to Special Residence District. having been set for 2:00 o'clock, p. iApril 18. 1955. and notice thereof having been published in The Roanoke World-News March 31. 1955. as required by law. and the City Planning Commission having reported that in view of the fact that a portion of the petitioner"s property is classified as Special Residence District the Commission is of the opinion that the rear portion should be Fez,ned. which would be consistent with the classifica- tion of the property adjacent on the north and directly across the street on the south, and having recommended that the petitioner's request be granted, the public hearing was held. at which no one appeared. Hrs. Pickett moved to concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (n12367) AN ORDINANCE to amend and re-enact Article I. Section 1. of Chapter SI of the Code ~£ the City of Roanoke. relating to Zoning. WHEREAS. application has been made to the Council of the City of Roanoke to have property located on Lots 10 and 11. Section 15. according to the Nest End Land Company Map. fronting on the north side of Campbell Avenue. So ~o. between 13th Street and 14th Street. S. W.. rezoned from General Residence District to Special Residence District; and WHEREAS. the City Planning Commission has recommendedthat the above property be Fez,ned from General Residence District to Special Residence District as requested; and WHEREAS. notice required by Article XI. Section 43. of Chapter SI of the Code of the City of Roanoke. relating to Zoning. has been published in the 'Roanoke World News'. a newspaper published in the City of Roanoke, for the time required by said section; nnd 204' WDEREAS, tko beerier aa prerlded for la said aotlce pabllsbod ia the said newspaper was bold on'the IBth day of April, 1955, at 2:00'o'¢10cb, p. w., before the Coancll of the City of Roanoke in the Council Bone ia the Wualcipal Building, at which hearing ag objections mere presented by property onsets and other interested parties la.the affected srea~ and . WHEREAS, this Council, after considering the application for resoling, Is of the opinion that the above property should be rezoned as requested. THEREFORE. BE IT ORDAINED by tho Council of the City of Roanoke that Article I, Section l, of Chapter 51 of the Code of the City of Roanoke, relating to Zoning, be nwended and re-enacted in the following particular and no other, Property located on the north side of Campbell Avenue, S, M** between 13th Street and 14th Street, S. M., designated as Lots 10 and 11, Section 16, according to thc West End Land Coapsny Map, and designated on sheet 122 of the Zoning Mop as the western part or Official No. 1220217, he. and is hereby changed from General Residence District to Special Residence District, and the Zoning herein referred to shall he changed in this respect. The notion was seconded by Re. Davies and adopted by the following vote: AYES: Council members Davies. Hanes. Pickett. WaldFop, Webber, Young. and the President, Mr. ~oody ................... NAYS: None ......................... O. INVITATIONS-MUNICIPAL GOVERNMENT: Mr. G. Eric Sachers, Chairman, appeared before Council and stated that Roanoke Post ~3. The American Legion. has made arrangements for 'a ~£now Your Government" program to be televised over MSLS-T¥ to begin April 25, 1955. and run for thirteen consecutive biweekly 15-minute programs. Mr. Sachets presenting a schedule of the programs and requesting that city officials cooperate by appearing on them, stating that the City Manager will monitor the appearance of municipal officials. The Mayor advised Mr. Saehers that he feels sure members of the municipal government will cooperate In the program and directed the City Clerk to furnish copies of the program schedule to each member of Council. PETITIONS AND COMMUNICATIONS: AIRPORT: A communication from the United States Air Force, requesting that the City of Roanoke 9rant the United States Government a lease on approximately four acres of land located at tho northeast end of the NE-SW runway at Woodrum' Field for the erection of an Air Deserve Center, was before Council. Mr. Young moved to refer the communication to the Airport Committee for study and recommendation. The motion was seconded by Mr. Davies and adopted. SEWAGE DISPOSAL: A communication from Mr. Furman Mbltescarver, Attorney for the County of Roanoke, advising that the county proposes to issue revenue bonds in the suw of $410.000.00. with a final maturity date of twenty-five years, which time extends beyond the present contract termination date in the year 1971 for the treatment of sewage between the City of Roanoke and the County of Roanoke, and advising that the county has been told that it will experience difficnltI in selling the bonds unless it has a contract for treatment of its sewage past the final maturity date of the bonds, and further requesting that Council extend the termination date of the contract for treatment of sewage between the City of Roaml~ and the County of Roanoke beyond its present termination dite of October 16, lgYl, for a sufficient time to cover the life of the proposed bond issue, was before Council. Mr, Mhltescarver ·ppe·red before Council and requested th·t ·etlon on the request be expedited in Order to prevent · del·y in the construction or the North 11 sewer project. Mr. Danes moved to rarer the request to the 5emer Committee consisting of Messrs. Boy L. Nebber, W·lter L. Young, Arthur S, O~ens and Randolph G. Nhittle roi study and recommendation, The motion mas seconded by Mr. Waldrop and ·dopted. REPORTS OF OFFICERS: GARBAGE REMOVAL: The City Man·get reported that he has loc·ted two garbage grinders which h·ve been dechred surplus and sold by the United 5tater Navy and th·t they can be procured for $225,00, that he proposes to purchase the s·id grinders for experimental purposes in grinding and disposing of garbage and requested a transfer of $750.00 rrou the appropriation for u dirt loader for the Street Construction Department to Garbage Grinding Equipment in the Refuse Collection and Dlspos·l Department under Account ~143, *Oepartmental Equipment and Improvements'. in the 1955 budget. Mr. Nebber moved to concur in the request of the City Nanager and offered the following emergency Ordinance: (u12368) AN ORDINANCE to amend and reordain Section ~143, "Departmental equip,- meat and Improvements'. of the 1955 Appropriation Ordinance. and providing for aa emergency. (For full text of Ordinance. see Ordinnnce Book No. 20, Page 411.) Hr. Webber moved the adoption of the Ordinance. The motion was seconded by Br. Young and adopted by the following vote: AYES: Council members Davies, Danes, Pickett, Waldrop. Webber. Young. and the President, Mr. Woody ............... Nays; None ..................... O. BUDGET-POLICE DEPARTMENT: The City Manager presented a report of the Superintendent of Police, advising that a 1951 Ford police car was damaged by fire and in his opinion is not economically repairable, that the insurance company will pay $347.00 for the damage to the automobile and that the automobile can be traded in for $150.00 toward the purchase of a nam automobile at a cost of $2,185.00, and requesting that the appropriation in the Police Department for equipment under Account m143, *Departmental Equipment and Improvements** In the 1955 budget, be amended to provide for the purchase of five sedans rather than four and two motorcycles rather than three, which will reqaire an additional appropriation of $592.00. Mr. Naldrop moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~12369) AN ORDINANC~ to amend and reordain Section ~143, 'Departmental Equipment and Improvements*, of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. nee Ordinance Dook No. 20. Page 4ii.) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Danes and adopted by the following vote: AYES: Council members Davies. Manes, Pickett, Naldrop, Webber, Young. and the President, Hr. Woody .............. NAYS: None .................... O. AUDITS-MUNICIPAL COURT: The City Manager presented a report on the audit of the Municipal Court for the years 1952 and 1953, as prepared by thc Auditor of 205 206 Public Accounts or the Cowwonwealth or Virginia, said report sooting that proper accounting bas been wade rot all funds or record cowing into the custody or the Court. Mrs. Pickett moved to accept and rile the report. The motion was seconded by Hr. Hanes and adopted. LEAGUE OF VIRGINIA #UNICIPALITIES-C~p TELEPHONE COMPANY: The City Homager presented n report, stating that members or Council hove previously been furnished a copy of the Chesapeake end Potomac Telephone Cowpany~s rate case which concerns the City or Rampart News and advising that the Utilities Committee or the League of Virginia Municipalities has requested the various cities in the state aIrected by such a decision to adopt a Resolution prepared by said committee, that he has' had the City Attorney prepare a Resolution along the lines suggested ~y the committee, opposing a proposal of the Chesapeake and Potomac Telephone Company before the State Corporation Commission for zn amendment to its General Exchange Tariff S.C.C. Va.-No. 1, whereby it is sought to have included in its tariff n regulation providing that license taxes which are expressed as a percentage of the applicant*s gross receipts and are imposed upon the applicant by political subdivisions of the State of Virginia. mill be billed by the Chesapeake and Potomac Telephone Company to its exchange customers in such political subdivisions on and after April 4, 1955, and recommended that Council adopt the Resolution. Mr. Nebber moved to take the matter under consideration and that a copy of each of the Resolutions be mailed to each member of Council, the matter to be placed on the agenda for the meeting of April 25, 1955. The motion mas seconded by Mr. Young and adopted. CITY PHYSICIAN: The City Manager presented a mritten report from the City Physician for the month of March, 1955, shaming 668 office calla, 791 prescriptions filled and 270 treatments given, as compared with 793 office calls. 761 prescriptions filled and 298 treatments given for the month of March. i954. The report mas filed. REPORTS: The City Manager presented mritten reports from the City Market, the Delinquent Tax Oepartment. the Department of Buildings, the Electrical Department. the Health Oepartment. the Police Department and the Purchasing Department for the month oI March, 19§5; also. reports from the Oepartment of Parks and Recreation for the months or February and March. 1955. The reports were filed. POLXCE OEPARTMENT: The City Maoager reported the employment of Paul B. Adams and Paul L. Bell as Patrolmen in the Police Department, effective April lo 1955. The report mas filed. CLAIMS-FIRE DEPARTMENT: The City Manager having reported tn Council at its meeting of April 4. 1955, that an automobile owned by Hr. S. F. Selmyn. parked in an alley parallel to No. I Fire Station. mas damaged mhen Fireman R. B. HcHride fell thereon while mashing mlndoms at the fire station, that the estimated cost or the damages fs $160.00. and hating recommended that Council authorize payment for damages not to exceed $90.00 for Mr. Selmyn*s car. at mhich time the matter was taken under consideration and the City Homager directed to investigate the installation Of safety books in wIndoms of municipally owned buildings and the 207 purchase of safety belts and report to Council, the City Manager reported that an investigetion of the question of Installing safety boobs in windows and the purchase or safety belts indicates that it will cost approximately $2,50 per window, or e total cost estimated nt sane $6,000,00 to $7,000,00, nad that much of the supporting wooduorh and the aprons in the'windows are considernbley worn with age, nnd that he feels that placing hooks therein will give a sense or false security to the employees who would depend thereon, thus presenting a more dangerous hazard, that he has taken appropriate steps to see that caution is used by nil city employees when assigned to window washing duties to prevent further accidents of this kind, and further recommended that Council authorize the payment of $00.00 to Mr. Selmyn who has agreed to accept that amount for damages to his car. Mr. Hanes moved to instruct the City Attorney to prepare an Ordinance, appropriating $90.00 for payment of the damages caused to Mr. Selmyn's car and to provide therein ror.a proper release by Mr. Selwyn for all damages sustained. The motion was seconded by Mr. Yaldrop and adopted. Mr. Young then moved to concur in the report of the City Manager with reference to installing safety hooks and purchasing safety belts. The motion was seconded by Mr. Hanes and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ZONING: Council at its meeting of February 24, 1955, having requested the Citl Planning Commission to make astudy of both sides of Melrose Avenue. N. from Lafayette Boulevard to Peters CreeR Road. with a view of determinin9 the best and most suitable location for a business center of sufficient size in the area for which petitions for rezoning have been prevlmsly presented, and report its recommendations to Council, the City Planning Commission reported that it is the opinion of the Commission that the business needs of present day living require large areas of sufficient depth to provide for off-street parking and that such areas should be concentrated for the best interests of the public, that the Commission is further of the opinion that two reasonably large areas Should he established on Melrose Avenue west of Lafayette Boulevard, Nj M., one area to be located immediately west of the entrance to Fairview Cemetery and the other area at the west corporate limits, the two business areas to include properties on both sides of the street opposite each other, and recommended that the following described properties be rezoned to Dusiness District: Melrose Avenue#est of Falrview Cemetery (south side): M. Price and Estelle C. Fields Lots No, 2660417 and Ho. 2660418 Travanions McDanJel Lot No~:2660416 Sandie E. Vest Lot NO. 2660415 Charles R. and Gertrude L. Rubbard Lots No. 2660411, No. 2660412, No. 2660413 and No. 2660414 M. P. Meador Lot NO. 2660419 Trustees, Fairview Methodist Church Lot No. 2660410 Melrose Avenue Nest of Viewmont Street (north side):, ,.: - Alden M; and Alice~A. McDrath ,~ LotNo. 2660505 Dora S. Harrell Lot No. 2660503 ,Mary L. Camley · Lot No. 2660502 Rev. Peter Rabil Lot No. 2660501 ' (it is recommended that the above-li~ted properties located on the north side be rezoned for a depth of 400 feet running parallel with Melrose Avenue.) 208 melrose Avenue beoluoJuu lO. $~3 feet went of Van Beren St, (sout~ .. BuLb Patnel Petern, Harry L. Parsul and Dorothy'Patsel Berm Portion of Lot Ko. 2T61701 '~lt is recommended that nal~ property be rezoned ror'a depth or 5o0 feet from the southerly boundary or Melrone Avenue.) . Melrose Avenue Me~t 9r Comer.. §freer (north ~de): . R. B. Cassell and Mire Block 1, lest Path Hap, Loin 1-11, inclunive (running through to Virginia Avenue.) B. B. Cassell and Bile Lots Bo. 2762001 and 2761001 (running through to Virginia Avenue.) Hr. Mebber moved to net.a public hearing on the question of resuming for and Peters Czech Road, for Thurnday, May 12, 1953, at B:O0 o'cloth, p. w., in the Council Chamber. The motion was neconded by Hr. Banes and adopted. In this connection, the City Planning Commission reported that as a result of Its study in regard to proposed Buninens Districts on Relrose Avenue, H. it is felt that if the property located immediately on the east of, and adjacent to, Country Club Ozite, is properly developed for businens purposes, provision should he made for Its future widening to conform with minimum street widths, and recommended £hat Council establish a setback line of twenty feet for future street widening on the east side of Country Club BFIve for a depth of 400 feet from Relrose Avenue along the west boundary line of Official Lot Ho. 2660301. Mr. Mebber moved to take the matter under consideration, pending action on the question of rezoning for business purposes propertien on Melrose Avenue. H. W., between Lafayette Boulevard and Peters Creeh Road. The notion was seconded by Mr. ~anes and adopted. CONSIOERATlON OF CLAIBS: HONE. INTBOD~CYION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12~57o rezoniog property lo~ated on the east side of Ninth. Street° S. E., hetweeo Bnllitt and Bigblund Avennen. designated as Lots 1-11. inclusivn. Block 26, Belmoot Land Map, from Special Residence District to Business District, having previously been before Council for its first reading. read and laid over. wan again before the body. Mr. Young offering the following for its second reading and final adoption: (nl2~3?l AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanohe, Virginia, in relation to Zoning. (For full text of Ordinance, see Ordinance Boob ~o. 20, Page 408.) Mr. Young moved the adoption of the Ordinance. The motion wan seconded by Mr. navies and adopted by the £ollasing vote: AYES: Council numbers Davien, Banes, PJchett, Maldrop, Webber, Young, and the ~resident, Mr. Hoody ................. 7. NAYS: ~one ....................... O. ZONING: Ordinance No. 12358, rezoning two parceln of land. hnown as Lot IO and the eastern 32 feet of Lot 11, BlocR 1T, of the Belmont Land Company nap, the two lots facing Bullitt Avenue and being the northeast corner of Bailiff Avenue and Hinth Street° S. E., from Special Residence District to Businenn District, having previously been before Council for Its first reading, read and laid oveFo was again before the body, Br. ~aldrop offering the following for its second reading and final adoption: (s12358) AN OROINANCE to emend amd reennct Article I, Section 1, of Chapter SI of the Code or,the cltyor Roanoke. Virgiale, ia relntlonto Zoning. (For fell text or Ordinance, see Ordinance Mock No. 20, Page dO9.) Mr. Waldrop moved the adoption Of the Ordinance. The motion mas seconded by Mr. Manes.end adopted bI the rollomieg vote: AYES: Council membera Davies, Hanes, Pickett, Maldrop,. Webber, Young, sad ithe President, Mr, Woody ............... NAYS: Mone ..................... O. STADIUM-MAMER FIELO: Ordinance No. 12364, amending and reordulning Section 16o Mechnlicol. Agricultural, Llvestoche or Any Use Recognized us *Fairw Purposes, and Section 17, Carnivals and Other Similar Use, of the *Municipal Stadium and Athletic Yield Rental Ordinancew, reducing the rental to 94OOOOO per day, or 92,000.00 per meek, in lieu of the existing rental of 9500.00 per day, or $2,500.O0 per meeh, having previously been before Council for its first reading, reod and lald over, mas again before the body, Mr. Hanes offering the following for its second reading and final adoption: (u12364) AM ORDINANCE to amend and reordain Sections 16 and 17 of ARTICLE I of the *Municipal Stadium and Athletic Yield Rental Ordinance** (FOF full text of Ordinance, see Ordinance Door No. 20, Page 410.) Hr. Hanes moved the adoption cf the Ordinance. The action mas seconded by MF. Cavies and adopted by the following vote: AYES: Council members Davies. Manes. Pichett. Waldrop, Webber, Young. and the President. Mr. Woody ................... ?. NAYS: None ......................... SEWER CONSTRUCTIOn: Council at its meeting of April 11, 19SS, having instructed the City Attorney to revise a draft of u Resolution, amacding u contract to M. S. Hudgins for the construction of a 12-loch sanitary sewer line from Flshburn Park to Colonial AVenue, to include the details of the agreement between the City of Roanobe and O. G. Fralin. whose property the sewer will serve. Mr. Webber offered the following Resolution: ~ , (~123TO) A RESOLUTION accepting the proposal of R. S. Hudgins for the construction of a 1Z-inch sanitary sewer line from Fishhurn Parkto Colonial, Avenue, in the sum of 97,815.50; authorizing.and directing the City Manager to execute the requisite contract; and providing for an emergency. · (For full text of Resolution, see Ordinance Hook No. 20. Page412.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: , AYES: Council members Davies, Hanes, Pickett, Waldrop, #ebber, Young, and the President, Mr. Woody ............... ?.- . NAYS: None ..................... O. : GRADE CROSSINGS: Council at its meeting of April.ll, 1955~ having.received a report from the City Manager that he had agreed to an additional cost of approximately 91,MOO. CO:to 92,0OO. OO under the contract of Men Construction Company, by reason of having to secure dirt fill from a point other than that conditionally ,specified in the contract, and having requested Council*s concurrence in his action, and Council having instructed theClty Attorney to prepare a Resolution. concurring in the City Manager*s request, Mr. Hanes offered the-, following Resolution: 209 210 (n123?l)'A'RESOLOTlON~concurriug la the emergenc7 notion taken by the City Manager.mink regard,to the construction of the Jefferson Street Grade Crossing Elimination Vinduet, (For full text or Resolution, see Ordinance Rook No, 20, Pnge 413.) Rt, Raaes moved the adoption:of the Resolutioo, The motion mas seconded by Mr. Davies and adopted by the following'vote: AYES: Council members Davies, Rases, Pickett, Waldrop, Webber, Young, and the President, er. Woody ................. ?. NAYS: None ....................... O. ROTIONS AND MISCE£LANEOHS DDSINESS: MATER DEPARTMENT: Mr, So VD Abets appeared before Cooocil add presented n petition sigoed by approximately 280 persons, reqoesting that Cooncil change the Roles add Regulations governing the asa of Carries Cove by permfttfog nme of ontboard motors Dp to and lnclodlng0 but not exceedlog, 25 OoRoC° rated horsepower, and to increase tho present 15 MPH speed limit OD the mater to 25 miles per boor, amd that the rate of fifty cents per one-ball horsepower on motors be changed to fifty cents per borsepowero Mr. Hanes moved to refer the request to a committee consisting of Messrs. Arthur S. Owens, Chairman. Gilbert H. Ruston and Robert P. Hunter for study and recommendation to Council. The motion mas seconded by Mr. Maldrop and adopted. BUDGET-COMPENSATION BOARD: Mr. F. Rodney Fitzpatrick. Attorney for Mr. Edgar L. Rinstend. appeared before Council and asked that the body appropriate the necessary funds to provide for the salary of the City Sergeant and a Depnty in his office as awarded by the State Compensation Hoard and amended by an Order of the Hustings Court. Mr. Fitzpatrick mas advised that the matter is under consideration by Coaocfl. SLDM CLEARANCE: Mr. R. H. Quick appeared before Council and asked whether the proposed contract for the Commonwealth Redevelopment Project lo a public document and whether a copy is available to him. to which the Mayor replied that- the proposed cootraot is a public document recorded in the office of the City Clerk and a copy is obtainable there. Mr. Qnick then asked whether the City of Roanoke Redevelopment and Rousing Anthority participated in the drawing of the proposed contract, or whether the document was prepared by the committee of Council. to which the Mayor replied that his committee bad never met with the Authority. that the contract was prepared by the committee. Mr. Quick then asked what is the sentiment of Council toward any future public honstng, to which the Mayor replied that no public housing for the fotnre had been considered either by Council or Cooocil*s committee in connection moth the Commonwealth Redevelopment Project. PURCHASING DEPARTMENT: Mr. Young statedtbat in furtherance of hi~ statement to Council at its meeting of April Il, 1955, regarding purchasing of eqnipment by the City of Roanoke, he feels that action should be taken to clarify the matter, add moved that a committee cnnsistlng of Mr. Artbor S. Omens, Chairman, Mr. Moss, Mr° Jo W. Burress, one representative of the Virginia Department of Rlghmays familiar moth the Department*s methods of procurement of heavy equipneot add one representative Of the Norfolk and Westero Railway Company*s Pnrchasing Department .211 fomllinr mith the Rellway*s system of procurement of heavy equipment be appointed, the lact tmo members to be named by the Chairmen, and that said committee be requested to study the system ao~ in use by the City o! Roanoke in procuring heavy equipment, and if the committee finds anything wrong with the system, to make recommendations for the correction thereof to Council. The motioo mas seconded by Hr. Raldrop and adopted. There being no further buJJness, Council adjourned. APPROVED .... ~* ,~ ,. ,~ ~ ' , ~~, ~ COUNCIL. REGULAR MEETING. · ~ ' .... ,. : ,, ,' ', ', Noudoy~ April 25, 1955. The Council of the City of Ronnoke wet in regular:meeting ii the Council Chamber in the Municipal Building, Monday, April 25, 1955, ut 2:00 o'clock, p. m., ithe regular meeting hour, uith:the*Fresident, Hr.'Woody, presiding.~ PRESENT: Council members OsrJesf Bones, Pickett, Waldrop, Webber. Young, and the President, NFo Woody ................. ARSENT: ~one ......................... OFFICERS PRESRNT: Mr. Arthur S. Owens. City Nanager, Mr. James N. Klnconon, Assistant City Attorney, Wro Unrry R. Yates, City Audltor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend J. £. Stockman, Pastor of St. mark's Lutheran Church. BI~UT£S: Copies of the minutes of the regular meetings held on April 11, 19S5, and April 18. 1955, having been furnished each member of Council, upon motion of Hr. Waldrop, seconded by Mc navies and adopted, the reading was dispensed with and the minutes approved as recorded. BEARINO OF CITIZENS UPO~ PURLIC lATER ~£PARTM£NT: Council at its meeting of March 2B, 195§, having directed the City Hanager to advertise for bids for the construction of an addition to the CafTans Cove Filter Plant on the basis of plans and speciflcatio~submitted by AIvord. Uurdick and Bowson, Consulting Engineers. and as altered by the committee appointed by Council to study said plans and specifications, bids to be received the regular meeting of Council on April 23. 19S§, the following bids were Contr3ct A - Structures Industrial Builders, Inc. Crain and Denbo, lac. H. A. Lucas and Sues J, W. Turner and Co** lac. B. A. Bowles Company B. F. Pnrrott and Co., Inc. J. F. Barbour and Sons V. B. Wiggins Company F. L. Showalter. Inc. Wiley N. Jackson Company ~lenn Construction Company Boyd and Gofortb, Inc, Contract B - Filter Equipment R. A. Bowles Company J. F. Prttchard and CO. E. W. Uacharach and Co. Roberts Filter Mfg. Co. Industrial Builders, /nc. Crain and Bembo. Inc. Contract C - Pumpinq Equipment Economy Pumps, Inc. Drawn Corporation Worthington Corporation Contract D - Slow Mia Equipment Chain Belt Company The American Well Works Drawn Corporation Link-Belt Company The Jeffrey Wig Company $584,964.00 328,?00.00 285.330.00 270o000.00 329.5?5.00 333.700.00 334.744.00 359,580.00 296,250.00 340,000.00 348,750.00 324.400.00 $135,551.00 129.000.00 105,665.00 98,600.00 117,347.00 109.900.00 $ 3.b78.00 4,146.00 4.511.00 $ 10,979.00 10,761.00 18.062.00 10,779.00 ll,700. OO Contracts A and B - Combination Structures and Filter Equipment B. A. Bowles Company $455,126.00 21'3 A telegram from Allis-Chaluers Manufacturing Company, stating that its sealed' bid was ia the mill and quotleg · lump sun price of $3,254,00, mas read to Coutcil. Mr, Mebber stated that this bid is not in accordance with the advertisement calling for proposals u~d does not have with it the requisite bidder's bond ·nd moved to reject the bid of Allis-Chslmers Manufacturing Comp·ny on Contra~t C. The motion was seconded by Mr. Young and adopted. A bid of Byron Jackson Company on Contract C, in mhich it mas stated that the Byron Jackson Company has not complied with the cityts request for s bid bond, feeling that its position and reputation in the'pump industry does not warrant its doing so, mas read'to Council. Mr. Maldrop moved that in viem of the B~ron Jackson CoupanyOs failure to comply with the requirements calling for bids, that its bid be rejected. The motion mas seconded by Mr. Davies and a~opted. Mr. Young then moved to refer the bids received to a c~mmittee consisting of Messrs. Charles E. Moore. Barry R, Yates, Arthur S. Owens, Herbert A. Davies and George J. Rettig for tabulation and report. The motion mas seconded by Mr. Maldrop and adopted. BUSES: Hr. Leonard G. Muse, Attorney for the Roanoke Railuay and Electric Company and the Safety Motor Transit Corporation, appeared before Council and presented a request for a new fare structinn for the companies, changing the adult cash fare from ten cents in the first zone and five cents for each additional zone to a flat rate of fifteen cents, reestablishing tokens at the rate of four for fifty-five cents, eliminating passes in the city and changing school fares from five cents in the first* zone and five Cents for each additional zone to a flat five cents, and advising Council that two-and-one-half years ago mhen the request for zone fares mas submitted the companies thought they were right, but that subsequent events have proved them wrong since short fare riders did not materialize, and that during the year 1954 the company has lost $51.000.00. despite what he termed efficient management, which reducedexpenses approximately $60,000.00 over the previous year. Mr. Webber moved to refer the request to Council as a Committee of the Whole for.study and to set a public hearing on the question for 7:30 ,*clock, p. May i7, 1955, in the Council Chamber, one hour to be allotted to the transit companies for presentation of their case and one hour to be allotted for hearing of citizens and other interested persons. The motion was seconded by Mr. Banes and adopted. PETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. Richard T. Edwards, Attorney for Mr. C. Hudson, requesting that Lot 17, Exchange Building Map, located betmeen Twelfth Street and Manana Terrace, S. W., northwest of Riverside Bo·levard, Official No. 1220518, be fez,ned from General Residence District to Special Residence District, mas before Council. Mr. Waldrop moved to'refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Hanes and adopted. ZONING: A communication from Mr. Norton Hoaeyman, Attorney for Messrs. Lake Rosenberg, Sol Rosenberg and Harry Rosenberg, requesting that a 5-acre tract of land located at Thirty=first Street and Melrose Avceueo M, N** be rezoned from General Residence District to Business District, nas before Council. Hr, Hanes stated that since Council has set a pnblie hearing on the question of rezonlng properties on Melrose Avenue to Business Distrlet for 8:00 oeclock, May 12. 1955, In the Council Chamber, end the City Plnnalog Commission bas olrcady Mede Its recommendations with reference to rezoning in the area, it is his opinion that the request should be considered at the hearing, and moved that the Rosenberg reqnest be laid over rot consideration et said public hearing. The motion was seconded by Nra. Pickett and adopted, REFUNDS AND REBATES-LICENSES: A communication from Rt. Jack L. Brown. Lynchburg, Virginia. stating that he purchased a City of Roanoke automobile license tag on March IH, 1955, paying $7.S0 therefor, that he bas subsequently been transferred to Lynchburg, Virginia, and requesting that Council authorize a refund for the purchase price of the tag. was before the body. Hr. Young moved to refer the request to the City Attorney with instructions that he advise Council on the lam covering the situation. The motion was seconded by Hr. Ualdrop and adopted. BIJDGET-SCHOOLS: A communication from the Roanoke City School Board. advising that the said Hoard at a regular meeting on April 13, 1955, voted to accept an option previously secured on Lot 18, part of Lot 20, and all of Lot 21, Neighbor's flap, on Montrose Avenue, S. E** adjacent to the Jackson Junior High School, for a purchase price of $16.000.00. the property to be used for the purpose of enlarging the grounds nnd improving the premises of Jackson Junior High School. the purchase price to be paid from the funds remaining fro= the 1949 bond issue, was before Council. The communication mas filed. BUDGET-SCHOOLS: A communication from the Roanoke City School Hoard. advising that the salary of the Secretary in the Activities Office at Jefferson High School has always been paid by the High School from activities funds, as n consequence of which said Secretary Is not qualified to participate in the Virginia Retirement Act. that In order to qualify the said Secretary for the Virginia Retirement System the School Board in its 1955 budget request included $2.T30.00 as expected revenue in School Recoveries and Rebates. which amount was inadvertently omitted from the budget request when presented to Council. and requesting that the body appropriate $2,T30.00 to Other Instructional Personnel in Its 1955 budget, was before Council. Mr. ~aldrop moved to concur in the request of the School Hoard and offered the following emergency Ordinance: (u12372) AN ORDINANCE to amend and reordaln Section al20, 'Schools", of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 20. Page 415.) Hr. ~aldrop moved the adoption of the Ordinance. The motion was seconded by firs. Pickett and adopted by the following vote: AYES: Council members navies. Hanes. Pickett. Naldrop, ~ebber. Yonng. and the President, Mr. Noddy NAYS: None .......................... O. 2'15 CITY JAIL: A communication from the Dlvision of CorreotioM, Department o! Welfare and Institutions of the Comtonmealth of virginia, transmitting a report of inspection of the Police lookup by the"Divlsion on April 4, 1955, mas before Council. The communication mas filed. CITY JAIL: A commoeicatioe from the Division of Corrections, Department or Uelrnre nnd Institutions of the Commonuealth or Virginia, transmitting u report of an inspection of the City Jail by the Division on April 4. 1955, mas before Council. The communication mas filed. PURCHASING DEPARTgENT: Mr. R. Paul Fultz, District Manager of Baher Equipment Engineering Company, having previously appeared' before Council and complained of the method used by the city in handling bids for garbage truck bodies and having been requested to put his complaint'in m~iting, he submitted a communication, stating that he bid on pacher trash and garbage bodies, along with tmo other bidders, and that the bids mere rejected by the Purchasing Agent because the company presenting the highest bid did not comply with instructionsto bid f. o. b** factory, but quoted his price f. o. b., Roanoke, and that he feels his company was penalized by such action. Mr. Hanes moved to refer the communication to the committee mom studying the city*s procedures used in the purchase of equipment. The motion was seconded by Mr. Davies and adopted. REPORTS OF OFFICERS: ROANOKE PUBLIC LIBRARY: The City Manager presented a report, transmitting four requisltio~ from the Roanohe Public Library in the respective amounts of $49.60. $31.05. $410.00 and $260.00, and requesting the purchase of the equipment from the balance In the Library Improvement Fund Account, the City Manager stating that he recommends approval of the two requisitions in the amount of $49.80 and $31.05, but has been unable to study the other tmo reqnests. Mr. #aldrop moved to lay the matter over for one meek and to instruct the City Manager to study the requests in the amount of $410.00 and $260.00 and make recommendation to Council. The motion was seconded by Mr. Banes and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: STADIUM-MAHER FIELD: Council at its meeting of April 11, 19§5, having received a recommendation from the Stadium Advisory Committee that theoffer of the Shenandoah Life Stations to donate a s~oreboard for Victory Stadium be accepted and that permission be given for a conrtesy ~redit to the Shenandoah Life Stations on the scoreboard, and Council having requested that the Stadium Advisory Committee study the qsestion of advertising in the Municipal Stadium and Athletic Field, look into the matter of existing advertising therein and make recommendations to the body regarding future policy and establishment of ratea for odv er tislng in the area, the Stadium Advisory Committee reported that it is of the opinion that no change should be made in the lam prohibiting advertising in park lands and permitting the use of advertising~boards within the baseball 216 park. but rather that this policy should rennin pernaneato the Committee stating that the advertising boards presently located in the baseball Park at #aker Field are the property or Roanoke Haseball. Incorporated. and to paint then out mould be extremely costly, therefore, they have been left as is. however, the Coawlt~ee does feel that these signs cnn and should be painted over in the not too distant future, the Comwittee recomwendiug that an exception be made to provide for the acceptance of the scoreboard as offered by the Shesaadoah Life Stations. nnd that when and if professional baseball returns to Roanoke. that the advertising space be leased to the highest bidder. Hr. Nebber moved to concur in the report or the Stadium Advisory Committee and offered the following emergency Ordinance: (u12373} AN ORDINANCE accepting the offer or an electrical scoreboard to be used at Victory Stadium. the gift of Shenandoah Life Stations. Incorporated; and providing for on emergency. (For full text of Ordinance. see Ordinance Hook No. 20. Page 416.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Hones and adopted by the following vote: AYES: Council members Davies. Banes. Pickett. Maldropo Webber. Young. and the President. Br. Woody ................... NAYS: None ......................... O. LEAGUE OF VIRGINIA MUNICIPALITIES-C~P TELEPHONE COMPANY: The City Manager having presented a Resolution. opposing the request Of the Chesapeake end Potomac telephone Company of Virginia to the State Corporation Commission for approval of an amendment to its General Exchange Tariff whereby it is sought to have included in its tariff a regulation providing that license taxes which are expressed as a percentage of the applicant*s gross receipts and are imposed upon the applicant by political subdivisions of the state will be billed by the Chesapeake and Potomac Telephone Company to its exchange customers in such political subdivisions and after April d. 1g$5, and Council at its meeting of April lO. 1955, having laid the matter over for study, the following Resolution was presented to the body: A RESOLUTION concurring with the Utilities Committee of the League Of Virginia Municipalities In opposing the Chesapeake and Potomac Telephone Company of Vlrglniats application to the State Corporation Commission, for approval, an amendment to its General Exchange Tariff S.C.C. Va.-No. l, whereby it is sought to hare included in its tariff a regulation providing that license taxes which are expressed os a percentage of the applicant's gross receipts and are imposed upon the applicant by political subdivisions of the State of Virginia, will be billed by said Company to its exchange customers in such political subdivisions on and after April 4th, 1955. WHEREAS, the Chesapeake and Potomac Telephone Company of Virginia has presented to the State Corporation Commission, for approval, an amendment to its General Exchange Tariff S.C.C. Va.-No. 1, whereby it sought to have included in its tariff a regulation providing that license taxes which ore expressed ns a percentage of the opplicant*s gross receipts and are imposed upon the applicant by political subdivisions of the State of Virginia, will be billed by the Chesapeake and Potomac Telephone Company to its exchange customers in such political subdivisions on and after April 4th, 1955; and MHEREAS, the Commission has received objections to the said propos amendment and has ordered a public hearing in the Courtroom of the State Corporation Commission, in the State Office Building, in the City of Richmond at IO:00 oSclock, A. B., on April 26th, 1955, and the Commission has further ordered that an investigation be entered concerning the reasonableness and Justice of the use by the applicant in this State of said proposed amendment; and . WflEREAS. the Htilities Cotmittee of the League or Virginia 'Municipalities held 8 weetieg ia Richmond, Virginia, os March ~30th, 1955, for the purpose or considering this smesdaestproposed by tho Chesspeske and Potomao Telephone Compony~ and IfltEREAS~ the ssid Uti'llties Committee or t'he .Lesgae o! Virgimla Muslmipelities is~opposed to said opplicotios and recommends Shot the political subdivisions of Virginia use its effort to protest sad defeat this amended application of the Chesapeake and PotoBso Telephone Cowpsny; and MHEREASe this Council concurs in the recommendation or the Htilities Couittee or the League or Virginia Mnnicipalitles~ is opposed to said opplicstion and, accordingly, tabes this .means of evidencing its opposition thereto. THEREFORE. HE IT RESOLVED by the Council of the City of Roanohe as follows: 1. T~at, in the Judgment of this Cosocil. the application of the Chesapeahe and Potomac Telephone Company or Virginia to the State Corporation Commission. for approval, on amendment to have included ia its tariff a regulation providing that license taxes which are expressed as a percentage of said Company*s gross receipts and are iuposed upon it by political subdivisions of the State or Virginia. will be billed by said Company to its excbsnge customers in such.political subdivisions, is, for obvious reasons, wrong Jn principle and should not be approved 2. That the City Clerk be. and he is hereby, directed forthwith to mail an attested copy of this resolution to the Honorable Ralph T. Catterall, Chairman of the State Corporation Commission or Virginia. Mr. Marten A. Stansbory. Manager of the Roanoke Office of the Chesapeake indPotomac Telephone Company. appeared before Council and advised that the requeste change in the General Exchange Tariff would in no way adversely affect the city of Roanoke, hot rather would tend to prevent an increase in telephone rates in Roanoke City by reason of.taxes imposed by other;cities in the Commonwealth, stating further that the;companyes request is based upon a recent Supreme Court ruling which permits cities to place a license tax on telephone companies without limitation of rate or amount and that such license taxes are different from the negotiated contractual payments made to the City of Roanoke under the telephone companyts franchise. Mr. Young moved to.table the matter. The motion was seconded by Mr. Webber and adopted. · SEWAGE DXSPOSAL: A request from the Board of Supervisors of Roanoke County that the City of Roanoke grant permission for a six eontbs*temporary sewer connection to serve nine lots in the Hearthstone Addition, said permission to terminate at the end of six months, or before, if the County:of~Roanohe should have completed'a sewer~system to serve.the North.Il area, havlng~been:presented to Cosecil at its meeting of.April:ll, 1955,.and referred.to a committee~consisting of Messrs. Roy L. Webber, WalterL. Young, Arthur S. Owens and Randolph G. Whittle for study and recommendation~the-committee.reported-that after.carefuldeliberatioz it recommends that the-request be;denied for;the-reason that the.city sewer line to which such connections woald be made is already loaded to capacity and additional load would make-a bad situation worse.' .... ~ Mrs. Pickett moved:tocoocur in the report:of the committee and deny the request. The motion was.seconded by Mr. Davies and adopted. AIRPORT: A communication from the United States Air Force, requesting a site for location of a Reserve Center at the RoanoheMunicipal Airport, having been presented to Council at ttsmeeting of April 19, lgSS, and referred to a committee consisting of Messrs. Roy L..Mebber, Harry R. Yates and.Arthur So Owens for stady and recommendation, the committee recommeoded that the United States CLAIBS-FIRE DEPARTMENT: Council et itu meetllg of April 16. 1955, having directed the City Attorney to prepare un Ordinance, providing for the payment of $60.00 for damages to an automobile owned by Mr. S. F. Selwyn end providing for n release by Mr. Selmyn for all damages sustained, Hr. Wuldrop moved that the following Ordinance be placed upon its first reading; (u12375) AN ORDINANC£ appropriating $80.00 with which to settle the alleged clalu of S. F. Selwyn against the City. WHEREAS, on iurch 16th, 1955. at about 3 o'clocR, p, m.. of that day. S, F. Selwyn*s 1942 Plymouth Business Coupe. Botor No. 114 147 109. was parked in the public alley contiguous to No. I Fire Station, at which time City Fireman NcBrfde, then engaged in cleaning windows at said Fire Station. fell and landed on the top or said automobile, which broke his fall and saved him from inJury, nevertheless, damaging the automobile in the alleged amount of $16o. oo, which amount the said ~elwyn contended the City owed him as damage; and MflEREAS, the City is advised that it is not legally obligated to pay said Selwyn anything because of the occurrence, nevertheless, in view of the peculiar circumstances involved, and upon the recommendation of the City Bauager, this Council is disposed to pay unto the said Selwyn $80.00; provided the same is accepted in full and complete settlement of his said alleged claim against the City. THEREFORE, BE IT ORDAINED by the Council. of the City of Roanoke as follows: 1. That $80.00 be, and such sum is hereby, appropriated from the Baneful Fund to Judgment and Losses Account No. 150; 2. That the City Auditor be. and he is hereby, authorized and directed to draw a City voucher in favor of S. F. Selwyn and to deliver the same in exchange for a written release, to be approved by the City Attorney, by which the said Selwyn releases and discharges the City of and from all further damage occasioned to bis 1942 Plymouth Business Coupe, Motor No. 114 147 109, resulting from City Fireman N. B. McBride falling on said automobile when the same was parked in the public alley contiguous to Fire Station No. 1, at about 3 p. m., on the 16th day of March, 1955. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Naldrop, Mebber, Young, and the President, Mr. ~oody ................ NAYS: None ...................... O. MOTIONS AND MISCELLANEOUS BUSINESS: LICENSE TAX CODE: The Mayor stated tha~ Council has previously received from its License Tax Cede Study Committee proposed amendments to the License Tax Code which will require some study by Council. Mr. Webber moved to meet in informal session at 6:00 o'clock, p. m., May 26, 1955, in the Council Chamber, for study of the proposed amendments to the License Tax Code. The motion was seconded by Mr. Young and adopted. YOUTH COMMISSION: The terms of Mrs. A. D. Camper and Dr. D. E. BcQuilkin as members of the Youth Commission expiring on April SO, 1955, the Mayor asked for nominations for two members of the Youth Commission for terms of two years each beginning Bay 1, 1955. a2o Wrs. Pickett pieced in nomientien the nones or #rs. A. D. Cemper end Dr. D. E. Wo@nflkfu. Webber moved ti ¢l~se'the'ncmlnu~o~t, Th'e Bot'l~e ua'sseconded~ by Mr. YouUg and n~d~p~ed.~ Nrs, A, D, CaB~er'end'Dr~ D~ E. McQui~l~fn Were ~eelected es members of the Youth ComUisslon for n ret"or rue years' b~'gin'~ing #17 1', 1955, b~ the following AYES: Council tenbers Davies, Danes, Pickett, Waldrop. #ebber. Young, and the President, Hr. ¥ood! ........... ~ .... 7. ~AYS: ~one---~ ................... O. There being no further b&slness, Council adjourned. APPROVED COUNCIL. REGULAR MEETING, Moadny, Ma7 2, 1955. The Council of the City of Roanoke wet In regulnr meeting in the Council Chnmber ia the Municipal Building, Monday, Mny 2, 1955, at 2:00 o'cio:h, p. m** the regulnr meeting hoer, with the President, Mr. Moody, presiding. PRESENT: Council wembers Davies, Banes, Pi:heat, Waldrap, Webber, Young, and the President, Mr. Woody ................. T. ABSENT: goae ......................... O. OFFICERS PRESENT: Mc. Arthur S. Owens, City Manaser, Mr. Randolph G. Mhlttle, City Attorney, Mr. Mllliaw F. Criggs. Assistant City Auditor, and Mr. J. Robert Thomas, City Clerk. The weeting was opened with a prayer by the Reverend C. E. Reynolds, Pastor of the Mineral Springs Baptist Church. MINOTES: Copy Of the wlnutes of the regular meeting held on Monday, April 25, 1955. having been furnished each member of Council. upon motion of Mr. Danes. seconded by Mr. Davies and adopted, the reading was dispensed with and the~nutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: - STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p· m., May 2, 1955, on the request of Otto C. Calduell, et als, that Bill:rest Avenue. N. M., extending 170 feet north from Oahland Boulevard, be vacated, discontinued and closed, and proper notice of said hearin9 having been advertised as required by law, and the City Planning Commission having reported that a new subdivision is being developed in the area andthe elevation of land mahes it impractical to project Bill:rest Avenue, therefore, the Commission feels it to be the best interest of the city to abandonthe portion of Bill:rest Avenue as requestdd, the ~ubllc hearing was held, at which no one appeared in opposition to the request; whereupon, Mrs. Pickett moved that the following Ordinance be placed upon its first reading: , (=12376) AN ORDINANCE vacating that certain portion of Hill:rest Avenue, N. N. in the City of Roanohe, Virginia extending north of Oakland Doulevard, N. in said City, as shown and designated on the Map of Round Dill Park recorded in the Clerk*s Office of the Circuit Court of Roanoke County in Plat Rook 2, Page 125, said portion of Hillcrest Avenue to be closed extending approximately 170 feet north of Oakland Boulevard, and being a dead end street terminating at the property line of the J. Allen Matts estate farm. · BEREAS. Otto C. Caldwell and Olive B. Caldwell, husband and wife, Dorothy M.- Nelson, Jean M. Staples and Milliam Matts have.presented to Council a written instroment,signed and acknowledged in accordance with the provisions of Section 15-766.1 Code of Virginia, 19506 as amended, which instrument recites that said parties are the sole property owners abutting on that~portion of DillcrestAvenne, N, M., Roanoke City, Virginia,. exteoding north of Oakland Boulevard, N. M. in said City, which lostrnment nas executed by said parties for~the porpose of vacating, discontinning and closing the aforesaid portion of Blllcrest Avenue, B. M,, as it extends approximately 170 feet north of Oakland Donlevard, tersinating in a dead end as shown on the Map of Round Dill Park recorded in the Clerk's Office of the Circuit Court of Roanohe County, Virginia in Plat Book 2, Page 125, and 221' WHEREAS. there nrc no other property owners In the vicinity whose rights or privileges will be abridged or destroyed by the vacating of said portion or Hillcrest Avenue, and NHEREAS. under the provision of Section 15-766.1 Code of Virginia, 1950, ns aueeded, the aforesaid portioe of Uillcrest Avenue try be permanently vacated, discontinued and closed by the filing for record of the aforesaid written iastruuent providing it has been approved by the govereieg body of the City of Roanoke, and NRER£AS, the City Planning Commission of the City of Roanoke has considered the advisability or closing that portion o! said street and has recommended to City Council that that portion of Hlllcrest Avenue, N. N** above described be vacated, discontinued and closed, and NBEREAS. Council for the City of Roanoke did on the 2nd day of Nay. 1955 at 2:00 o*clocko p. m.. In Council Chambers for the City of Roanoke. after due publication us required by law. hold a public hearing on the request of Otto C. Caldnell and Olive ¥. Caldwello husband and wife, Dorothy H. Nelson, Jean M. Staples and William Matts for the closing of the aforesaid portion of Hillcrest Avenue. at which hearing there was no expressed opposition, and WHEREAS, it further appears to the Council for the City of Roanoke that Otto C. Cnldwell and Olive M. Caldnell, husband and wife. Dorothy #. Nelson. Jean R. Staples and Ntlliam Matts have requested that said portion of Hillcrest Avenue. N. N., be vacated, discontinued and closed and have agreed to bear the cost of this proceeding. NON. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that it officially expresses its approval of the vacating, discontinuing and closing of that portion of Hillcrest Avenue, No M.o extending approximately 170 feet north of Oakland Boulevard, N. N., Roanoke City, Ylrginia, as shown on the Map of Round Hill Park recorded in the Clerk*s Office of the Circuit Court of Roanoke County. Virginia in Plat Hook 2. Page 125. nad DE IT FURTHER ORDAINED that all right, title nnd interest of the City of Roanoke and the public in and to said portion of Hlllcrest Avenue be, and they are hereby releaaed Insofar as this Conncil is empowered so todo, the City of Roanoke, however, reserving to itself the public easement to that portion of Hillcrest Avenue hereby vacated in which there is now installed a water line, and further reserving the right of ingress and egress to, over and from said street hereby vacated for maintenance, repair and construction of said water line. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby is directed to mark 'Permanently vacated, Ordinance No. 12376, dated Hay 9, 1955" that portion of Hillcrest Avenue, N. N. lying north of Oakland Boulevard, N. M. as designated on the Hap of Round Hill Park and on all naps and plats on file with the Engineer cf the City of Roanoke, on which naps or plats said portion of Hillcrest Avenue is shown, referring to the Book and Page number of the Ordinance and Resolution of the Council of the City of Roanoke wherein this Ordinance shall be spread, and referring to the Deed Hook and Page number in the Clerk's Office of the Hustings Court for the City of Roanoke where the aforesaid written instrument signed by the abutting property owners J flied and recorded. HE IT F~TRER ORDAINED that the Clerk of this Council be, aid he hereby is directed to deliver to the.Clerk of the Hustings Court for the City or Roanoke, VirgilJe ·ad the Clerk of the Circuit Court for the County.of Rooeoke,.Virgi·io, · copyof thisordinsnce ie order that the said Clerks may make the proper notations on ell pL~tc amd maps recorded in their respective offices upon which the portion of Hfllcrest Avenue hereby vacated, is shown; and that said Clerk of this Council be end he is hereby directed to furnish to Allen M. Staples, attorney for the i·bove named ·butting property owners, a certified copy of this Ordinance to be attached to the aforesaid mrltteu instrument for filing of record in the Clerk's Office of the Hustings Court rot the City of Roanoke. The motion was seconded by Mr, Young and adopted by the following vote: -AYES: Council members Davies, Hanes, Pickett, Maldrop,.Webber, Young, and the President, Hr. Moody ............... 7. NAYS: Nooe ..................... O. PETITIONS AND COMMDNICATIONS: STORM DRAINS-STREETS AND ALLEYS: A communication from Mrs. R. M, Mright, 1400 Hrooks Avenue, S. £., advising that the oity has graded the street in front of her home, resulting in water washing over.her yard in the recent rains and 'damaging the lawn. flomers, shrubbery and other pl·nts, was before Council. Mr. Haldrop moved to refer the matter to the City Manager. The motion mas seconded by Mr. Webber and adopted. STORM DRAINS-STREETS AND ALLEYS: A communication from Mr. Ray D. Dickerson, 2131 Wayne Street, N. E** complaining of the condition of the streets in the City of Roanoke, was before Council. The City Manager suggested that the communication be referred to him and he would contact Mr. Dickerson and explain the condition of the city's finances which prdhJbits making necessary repairsto all streets. . Mr. Hanes moved to refer the communication to the City Manager. The motion seconded by Mr. Davies and adopted. IEMAOE DISPOSAL: A Resolution of the Board of Supervisors of Roanoke County, requesting that the City of Roanoke amend the contract of September 26, 1954, dealing mith the treatment,of domestic and commercial wastes, to add the Hidden Valley Country Club and Orchard Heights area thereto, was before Council. _. Mr. Webber moved to refer the reqnest to the committee consistingof Messrs. Roy L. Mebber, Chairmae, Walter L. Young, Arthur S. Owens and Randolph O. Nhittle for study and recommendation. The motion was seconded by Mr. Davies and adopted. . i, . REPORTS OF OFFICERS:' . : . · · BUDGET-PARKS AND pLAYGROUNDS: The City Manager requested that $74.74 be transferred from Parks and Recreational Areas, Supplies, to Departmental Equipment and Improvements, Parka, in the 1955 budget, increasing the amount appropriated for 2 Telescopes for the Zoo from*$2,?O0.O0 to $2,774.74, said amount being necessary to provide for the purchase of the telescopes. Mr. Hanes moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~12377) AN ORDINANCE to amend and reordain Section alii, *Parks and iRecreational Areas#. and Section n143, WDepartmental Equipment and Improvements~, of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 20, Page 419.) 223 29 4 NV. Names moved the adoption of the Ordinaooe. The matlaB win seconded by ar, Davies Bad adopted by the following vote: AYES: CondoS! members Davies, Names, Pickett, ialdrop, ~ebber. Young, nad the President, Mr. Woody .................... NAYS: None .......................... O. PARRS AND PLAYGROUNDS: The City Manager requested authority to enter into a written agreement with Mr. N. J. Dalton, granting the privilege to Hr. Dalton to operate a pony ride concession at the Zoo om Mill Mountain for the 1955 park season, the concessionaire to pay the city ten per cent of the gr~ss receipts of the concession. Mr. Young moved to concur in the request of the City Manager and Offered the following Ordinance for /ts first reading: (a123?D) AN ORDINANCE authorizing and directing the execution of a written agreement with N, J. Dalton granting certain concession rights at Mill Mountain Park. NHEREAS. No J. Dalton has extended to the City a proposal to operate a pony ride or pony track at the Children's Zoo in Mill Mountain Park daring the 1955 par~ season; and HHEREAS. the City Manager and the Director of Parks and Recreation has each recommended the acceptance of said proposal upon the terms and provisions hereinafter provided; THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager he. and he is hereby, authorized and directed, for and on behalf of said City, to enter into a written agreement with N. J. Dalton whereby the said Dalton would be granted the right and privilege to operate and conduct o pony ride or pony track concession at the Children*a Zoo in Mill Mountain Park for the period commencing May 30, 1955, and terminating September 5, 1955, or for such earlier or later dates during which the 1955 park season at said Children*s Zoo may be opened or extended, the said Dalton to pay to the City for said rights and privileges 10% of the gross receipts and income derived in any way from the operation of such concession, said contract to contain such other provisions irelating to settlements with the City, the operation and conduct of said concession the indemnification of the City against any claims arising out of the operation of said concession and such other conditions and provisions as shall be required approved by the City Manager. said contract to be upon such form as is prepared and approved by the City Attorney or the Assistant City Attorney. The motion Was seconded by Mr. Maldrop and adopted by the following vote: AYES: Council members Davies, ~anes, Pickett, Waldrop. ~ebber, Young, and the President, Mr. Moody ................ 7. NAYS: None ...................... O. ALMSHOUSE: The City Manager submitted a written report from the Almshouse for the month of Match, 1955, showing a total expense of $2,295.01, as compared with a total expense of $2,105.44 for the month of March, 1954. The report was filed. 225 DEPARTMENT OF PUBLIC WELFARE: The City Manager submitted writte· reports, covering the expenditures and activities of the Department of Public Welfare during the month of Warcho 1955, in compliance with Sections 63-67.2o Code of Virginia. The reports were filed. DEPARTMENT OF PUDLIC NELFARE: The City Rannger submitted u written report from the Department of Public Welfare for the month or March, 1955, showing 1.562 cases bundled at · total cost of $77.100.08, as compared mith l,Sgl cases handled at a total cost of $78.349.65 for the month of March, 1954. The report was filed. DEPARTMENT OF PUBLIC MORKS: The City Manager submitted n written report from the Departme·t of Public Works for the month of March. 1955, The report mas filed. REPORTS OF COMMITTEES: NONE, UNFINISHED BUSINESS: MATER DEPARTMENT: Council at its meeting of April 25, 1955, having received bids for the co·structiou of an addition to the Carvlns Cove Filter Plant, and having referred said bids to Messrs. Charles E. Moore. Darry R. Yules. Arthur S. Owens. Herbert A, Davies and George J. Rettlg for tabulation and report, the committee submitted its report as folloms: Contract A - Structures Low bidder J. M. Turner and Company at a bid price of $270.000.00, plus $5.621.60 for certain pipe fittings which the bidder stated in his original bid were not included therein for the reason that the bidder considered them a part Of Contract D. The Committee presented a proposal for the inclusion of said fittings for the price of $5,621.60 as submitted by J. Mo Turner and Company and recommended acceptance of the bid of the company in the total amount of $275.621.60. Mr. Webber moved to accept the bid of J. g. Turner and Company In the amount of $275,621.60 and to instruct the City Attorney to prepare the necessary Resolution amarding the contract. The motio· mas seconded by Hr. Danes and adopted, Contract H - Filter Equipment Low bidder Roberts Filter Manufacturing Company in the amount of $99,600.00, The committee reported that by reason of the low overall bids for the project it has obtained from Roberts Filter Manufacturing Company a proposal for equippi·g three additional filter units, thus completing the six provided in the new addition to the filter plant, at an additional cost of $70,500.00, and recommendedthata contract in.:the amount of-$169,1OO. OObe.amarded to Roberts. Filter Manufacturing Company for installing equipment and appurtenances in six filter beds rather than in*the 'three calledfor in the original specifications. Mr. Young moved to accept the bid of Roberts Filter Manufacturing*Company in the amount of $96,600.00 as.submitted In response to the original call for bids and.to instruct the City Attorney to,prepare the'necessary Resolution awarding the contract therefor. The-motion mas seconded by,Mr, Raldropaud adopted,~ Mr. Yebber then moved to take the proposal of Roberts Filter Manufacturing Company for i·stalliag equlpme·t in three additional filter beds at a cost of $?0,500.00 under consideratio·. The motion mas seconded by Mr. Young and adopted, 226 Contract C ~ Pumnie~ EuuiDmeat Leu bidder Econom7 Pump Company le the tinier of $3,678,00~ The committee reported that the low bid submitted by Economy Pump Company in the amount e! $3,678.00 does not went specifications conleiued ia the ceil for bids, that the second leu bid of Dravo Corporation ia the amount $4,146.00 failed to include supervisory service or installation, quoting $60,00 per day extra for such service as might be required, that the bid of Worthington Corporation in the amount of $4,$11,00 meets specifications in every particular, and recommended that since only one bid is acceptable all bids be refused and a nam emil rot bids sent out. #r. Banes moved to accept the bid of Worthington Corporation ia the umount of $4,511.00 and to instruct the City Attorney to prepare the necessary Resolution authorizing awarding of the contract therefor. The motion mas seconded by Hr. Webber and adopted. Contract D - Slow Rix Equipment . Leu bidder Link-Reit Company ia the amount of $10,?79.00 after making adjustments for supervisory costs. The committee recommended that Link-Belt Company be awarded the contract in the amount of $10,?79.00. RF. Young moved to accept the bid of Link-Reit Company in the amount of ~$10,??g.00 and to instruct the City Attorney to prepare the necessary Resolution inuthorizing a contract therefor. The notion was seconded by RF. Webber and radopted The City Manager then advised that no contract has been entered into for engineering supervision for the construction Of the addition to the Cnrvins Cove iFJlter Plant and requested that a contract with Alvord, Surdick end Domson, ~ijCuasulting Engineers, on the basis of a fee of 2 1/2 per cent of the construction Icost of the project for nine months nod $750.00 per month, plus travel time from i {Chicago. Illinois. for any time ia excess of nine months, be authorized. Mr. Davies moved to instruct the City Attorney to prepare the necessary ]esolution authorizing a contract with Alvord, Burdich and ~owson on the basis of the request of the City Manager. The motion was seconded by Mr. Danes and adopted. SEMAG£ DISPOSAL: A request of the Board of Supervisors of Roanoke County that the contract dated September 26, 1954, between the City of Roanoke and the Connty of Roanokefor the treatment of domestic and commercial wastes be amended to include an area immediately.west of the city corporate limits along Route 460 and an area extending along Route 11 from the southwest corporate liwits of the city having been referred by Council at its meeting of February 2B, 1955, to a ~ommlttee consisting of Messrs. Roy L. Webber, Chairman, Walter L. Young, Arthur ;. Owens and Randolph G. Rhittle for study and recommendation, the committee reporte ~bat after studying the areas and'the tendency of growth and development therein It is the recommendation of the committee that the request of the Board of ;upervisors be granted. 227 Hr. Hanes moved to concur in the report or the committee and offered the following Resolution: (x12379) A RESOLUTION amending the contract of September ~8, 1954. between the City of~Roanoke aid the County of Roanoke dealing with the trentmeot or domestic iud commercial wsstes~ nad providing for an emergency, ~(For full text of Resolution, see Ordinance Book HO, 20, Page 419.) Mr. Hanes uoved tho adoption of the Resolution. The motion mas seconded by Hr. Davies and adopted by the following vote: AYES: Council members Davies. Hanes, Pickett. Maldrop, Mebber. Young. and the President. #r. ~oody ................. ?. HAYS: Hone ....................... O. SEMAG£ DISPOSAL: A commsnication from Mr. Furman Mhitescorver. Attorney for Roanoke County. requesting an extension of the termination date of the contract for semage treatment betmeen the City of Roanoke and the County of Roanoke. having been referred by Council at its meeting of April 18. 1955. to a committee consisting of Ressrs. Roy L, Mebber, Chairman. Halter L. Young. Arthur S. Owens and Randolph 6. Rhittle for studyand recommendation, the committee reported that the county proposes to sell revenue bonds in order to obtain funds with mhich~to defray the cost of installing sanitary sewers in certain areas included In the contract and that some of the bonds mill.not:mature within the life of the present contract~which expires October 16, 1971. and recommended that Section VIII of~the aforesaid contract.be amended toprovide for an expiration . date of January 1. 1981. Mr. Naldrop moved to concur in the recommendation of the committee and offered the following Resolution: (m1~380) A RESOLUTION amending the contract of September 28. 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of. domestic and commercial mastes;'aod providing:for an emergency. (For full text of Resolution. see Ordinance Book Ho. 20. Page 421.) Mr. Haldrop moved the adoption of the Resolution. Yhe motion mas seconded by Mr. Young and adopted by the following.vote: . . AYES: Council members:Davies,Hanes. Pickett, Naldrop, Mebber.:Young, and the President. Mr..Moody~--~ ...... . ...... T..~ : : ..... ! ,~ . ; REFUNDS AND REBATES-LICENSES::A communication from Mr~ Jack L~Bromn.. Lynchburg,=Yirginia.~advlsing that he purchased.an automobile tag~in~the City of Roanoke on March IH. I955o and had subsequently been transferred by his employer · to Lynchburg, Virginia, prior to April 15. 1955, and requestinga refund of $7.50. ~aving been:referred:by~Council~at ltsmeeting:cf April 25, 1955, to.the City Attorney for advice of the law covering the request. Mr. J. N. £1ncanon, Assistant City Attorney, submitted a report,~:statlng thatln the opinion.of the City Attorney* Office there is.no provision of law expressly authorizing a City Council to authorize the.refund to a taxpayer~of 'a.tax theretofore.volnutarlly paid into the public.funds,:: ~ · : · , Mr. Hanes moved~to concur in_the report:and deny the-request. The motion was seconded by Mr. Young and adopted. 228 CONSIDERATION OF CLAIMS: NONE, :*~.=: :' .'- INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLOTIONS:~ CI-qlMS-PIRE DEPARTMENT: Ordinance NO~ 12375;*provldlog for the' paymeot of $00.00 for damages to. un automobile owned by Hr, S, F. Seluyo end providing for a release by ar, Selmyn for mil damages sustained, having previously been before Council for Its first reudlng,:read and laid over, wan again before the body, Hr. Young offering the following rorlts second reading and final adoption: (z12375) AN ORDINANCE appropriating $80,00 with which to settle~the alleged claim of S. F. Selwyn against the City. (For full text Of Ordinance, see Ordinance Hook No. 20, Page 418.) Mr. Young moved the adoption of the Ordinnnce~' The motion was seconded by Hr. Rnldrop amd adopted-by the following vote: AYES: Council members Davies. Hanes, Pickett, #aldrop, Mebher,:Young, end the President, Mr.:Woody ................. NAYS: None ....................... O. HOUSING: Council by Resolution No. 12361, adopted on the llth day of April, 1955, having conditionally evidenced its intent to authorize the execution, for and on behalf of the city, of a contract between the City of Roanoke Redevelopment and Housing Authority and the City of Roanoke, providing for a slum clearance and redevelopment plan for Project No. U. R., Va. 7-1, or the Commonwealth iRedevelopnent Project, and having directed the City Clerk to transmit a copy of the proposed contract to the City of Roanoke Redevelopment and Housing Authority for execution, the City Clerk reported that said Authority has filed slx copies of the proposed contract, duly executed by the Authority, along with an Extract of the Minutes of the Housing Authority authorizing the execution of said Mr. Young moved to file the documentspresented and offered the following (z12381) A RESOLUTION approving the Redevelopment Plan for the Commonwealth iRede;elopment Project in the northeast section of the City of Roanoke and finding ithat said Plan conforms to all adopted plans of the City'of Roanoke. t (For full text of Resolution, see Ordinance Hook No. 20, Page 421.) ~ Mr. Young moved the adoption' of the Resolution. The motion was seconded Iby Mrs. Pickett and adopted by the follomlng vote: AYES: Council members Davies, Pickett, Mehber, Young, and the President, Mr. Woody ........... ~ .......... NAYS: Messrs. Hanes and Waldrop ................. 2. Mr. Rebber then moved that the following Ordinance be placed upon its irst reading: (u12382) ANORDINANCE authorizing anddtrecting the President of the Council and the City Clerk, for and on behalf of the City of Roanoke; Virginia, to enter ' into and execute un Agreement with the City of Roanoke Redevelopment and Housing Authority carrying into effect the slum clearance and redevelopment plan for the City of Roanoke designated 'Redevelopment Plan for Project ~o. U. R. VA 7-1 or Commonwealth Project'. g9,9 MHEREAS, by Resolution Ho, i2361, adOpted by the Council of the City of Roanoke ~a'#ny ~= i955','th~'Co~ncll of ~'e"City ~r'~oao~he has opera'ed Redev~10pwSnt Plan prepared by City or ~oa~oke'Redevelop~e~t'and H~uslng Authority for the area in t~enortheast section or the City of Roa~oke:'aad ~slgnated as the 'Redevelopment Plan for Proj~C~ N°~ U, ~ ~ ~-1 Or Coa~0nue~lth ProJect'; ~EREAS~:the'C~un~il'o~'the city o~ R~fioke'is d~si~ous o! assisting and co-op~nti~'with said'Authority i~ carrying said Plan into effect nod. accordingly, to enter Into au Agreement with said Authority for'that purpose; and RHEREAS. Such an Agreement has been prepared and is hereinafter set forth. THEREFORE. BE IT ORDAINED BY THE couNcIL OF THE ~ITY OF ROANORE as follows: 1. That la o~der t~ carry into effect the slum clearance and redevelopment plan prepared by the City of Roanoke Redevelopment and Housing Authority, designated *Redevelopment Plan for Project No. U. R. VA. 7-1 or Commonwealth Project*, this Council doth hereby approve on Agreement between the City of Roanoke and the City of Roanoke Redevelopment and Hoosing Authority, dated April 20. 1955, in the following words and form; that is to say: AGREEMENT THIS AGREEMENT. entered into this day of 1955, by and between the CITY OF ROANORE REDEVELOPMEN~ AND HOUSING AUTHORITY. a duly organized and existio~ bodypolitic of the Commonwealth of Virginia (herein called the *Authority*). and the CITY OF ROANOKE. a municipal corporation of the Commonwealth of Virginia (herein called the MITNESS£TH: THAT, MHEREAS, by Resolution adopted on May 2, 1955, the Council of the ~City of Roanoke has approved a slum clearance and redevelopment plan proposed by the Authority, designated #Hedevelopment Plan for Project No. U. R., Va. 7-1 NHEREAS. said Plan contemplates the acquisition and clearance by the Authority of portions of the project area delineated by heavy black lines on the attached set of maps entitled *Property Line and Ownership Data*, and the re-use and/o'r sale of various portions thereof for residential, commercial, highway, street, school, playground, public and other purposes, all of which uses have been deter'mined by the City to be in accordance with the general plan for the City as a whole and in accordance with certain definite local objectives as to appropriate ~and 'uses and improved traffic, public transportation, public utilities, recreational facilities and ot~er public 'improvements, as in said Plan and Resolution set forth; and, RHEHEAS, in order for the 'Authority to effectuate said Plan, the assistance of both the Federal Government and the City is required; namely, of the Federal Government by iendlPg~funds needed to defray the gross cost of the project, and, upon completion of the Project and repayment of such loan, by contributing tmo- thirds*of 'the net cost of the project; and Of the City by making certain local grants-in-aid (as specified in Tltle'I of the. Housing Act Of 1~4~). as hereinafter provided, in a total amount equal to one-third (~r the balance) Of the net cost of the Project; and 230 IHEREAS. ia conformity with Title 36, Chapter I of the Virginia Code, 1950, and the City Conncll*s approval or said. Plan, the ~uthority is applying to the Federal Government for finnteinl assistance under said Title l, and it now devolves upon the City to take certain actions and to provide certain grants-in'aid which are estimated, on the basis of surveys and plans heretofore made by the Authority, to be required in the total amount Or $1,o25,e5o,oo. NOR. THEREFORE. ia consideration of the benefits to accrue tO the City and its citizens from the ProJect, and of the mutual covenants hereinafter set forth. the Authority and the City agree as follows: 1. In order to assist the Authority In undertaking the ProJect tho City agrees to make the following grants-in-aid: To pay the Authority the total sam of $1,O25.850.00 (hereinafter referred to as the 'Rase Figure') in cash (a) Provided. however, that ir by December 31, 195b. the City has conveyed unto lots lying and belonging to the City of Roanoke. Roanoke, Virginia. and identified on the official tax map for the City of Roanoke as tax number 2020430. 2021126. 3020: 3020312, 3020301, 3020300, 3020901, 3020904, 3020501. 3021420. 3021419. 3021710. 302241?. South part of 2020419 and South part of 2020420, and all being situated nathan the identified Commonmealth Redevelopment Project Area. or such of said ireal estate as the City may not need for Runicipal purpose, there shall be ilcredited against the Base Figure the cash fair market value of such property as is conveyed at the time of conveyance which is estimated to he i(b) Provided. however, that if by said date. the City has caused to be constructed, iin accordance with a schedule mutually agreeable to the City and the AuthSrity isuch water distribution system as required by the Redevelopment Plan. there shall ,be credited against said Base Figure the actual cost of constructing such system, 1~estimated~ to be the amount of $50,079.00. ii(C) Provided, ~owever, that if by said date the City has initiated the construction !?f an elementary school, constrncted in a location so as to principally serve the iiredevelopmeet area, there shall be credited upon completion of same against the imasa Figure the total cost of said school and equipment estimated to be $402.750.00. i(d) Provided, however, that for the new Lucy Addison High School building and !site mhich cost $1,614,610.00 and the construction of which was begun January, iI1952, which was subsequent to the first advance loan to the Authority from the i~oustng and Home Finance Agency, there shall be credited against said Base Figure 33 1/3% of the cost thereof, viz, $538.203.33. in) Provided, however, that if the City purchases from the Authority at its then ~air value, and develops for additional school playground area, for the Gainer avenue School being the area designated therefor ou said Plan* and lu accordance ~lth the said Plan, there shall be credited against said Base Figure such percentage 2f the tot'al cost of said purchase and development cost as the estimated number )f students to attend said school from the project area bears to the total number poplin the facility was Ccuitrncted to seryeo The cost of said playground Facility isestimated 'to be $35.0~0'.00 and said percentage is estimated to be 30~. Lo. I and Orange Avenue and $24.000.00 for the Improvement or the remainder of Second Street within the FroJect area. The total amount to be credited against said Base Fig,re is estimated to be $35.862.00; 2. Nlth respect to the constractlon of the buildings and facilities referred to In the foregoing sub-paragraphs which are undertaken, but not actually completed, on the respective dates above specified, the City agrees to complete such construction within a reasonable time thereafter, in order to facilitate completion of the project thereby lessening the cost thereof. 3. The City agrees to convey to the Authority the streets and alleys in the project area which are to be abandoned according to said Plan. Such conveyance shall be made within a reasonable time after request; thereby allowing the Authority to facilitate carrying out the Redevelopment Plan. 4. The City agrees to purchase the aforesaid new and additional school playground area as ahomn in the Redevelopment Plan and the Authority agrees to convey to the City after acquisition and upon demand by the City. the land for such purpose, and the City agrees repay the Authority therefor the fair value in cash at the time of conveyance, as agreed upon by the parties. 5. The City agrees to purchase and the Authority agrees to sell, a site for public use as the City may require for an overpass on Orange Avenue and Second Street. in excess of the 114 foot right of way, at the fair value in cash at the time of ~onveyance, as agreed upon by the parties. 6. The Authority agrees to sell to the City, should the City elect to purchase and so notify the Authority of its election to purchase, on or before two years from the date of this agreement, a site for an auditorium or other municipal purpose located on the Northwest corner of Shenandoah Avenue and Fourth Street, as shown in the Redevelopment Plan, at the fair value, in cash, which is ~reed upon by the parties, to be paid by the City to the Authority upon delivery of deed of conveyance, said conveyance to be made within three months after such notice of election by the City to so purchase,or as soon thereafter as the Authority can acquire title to the same. 7. The Authority agrees to dedicate, without payment by the City, the additional lands within the Project area as shown for street widening parposes in the Redevelopment Plan, except the additional twenty foot right of way to he added to Commonwealth Avenue, between Second Street aad the intersection of Commonwealth Avenue and 4th Street. and the Authority agrees to convey to the City, should the City desire to purchase, said additional twenty foot right of way at any time before December 31. 1956 at the fair value in cash at the time of conveyance as agreed upon by the parties. 231 232 8. The City, ia accordance with said Plea, at Io cost or expeaseto the Aatko'rily aid upon Its request, alii, Insofar au ft cum lawfully do so, yneate tke streets, roads, alleys nad other public ways designated in the Redevelopment Plum rap vacation and will take such other lauful actions as way be deemed by the City amd the Authority to be necessary or desirable fa connection with the undertaking and carrying out of the ProJect.' 9. The sums payable hereunder by either of the parties hare,aim the other shall not hear interest before the respective dates specified for payment end if interest is payable it shall not exceed 3~ per annum. 10. It is understood and agreed that the City's obligation hereunder is to mahe cash or non-cash grants-in-aid in a total amount equal to one-third of the total actual net cost of the Project nnd that the amounts payable by the City wise indicated), and that ir the total actual net cost of the project (as determined by the Authority, la accordance with its contract with the Federal Goreroment) is greater or less than the total estimated net cost of the Project, the amount of the cash payments to be made by the City to the Authority including grants-in-aid as provided in paragraph (1) above, shall be appropriately adjusted; prorfdedo bowater, that the aggregate required amonnt of such grants shall la no event exceed $1,025,850.00, XN MITNESS KHEREOF. the City and the Authority have respectively caused this Agreement to be duly executed as of the day and year first above written: CITY OF ROANOKE By: President of City Council ATTEST: City Clerk . CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY By Chairman Secretary 2. That the President of the Council is hereby directed to execute said Agreement and the City Clerk is also directed to affix the Seal of the City thereto and attest the same, for and on behalf of the City of Roanoke, and that the sane, upon such action by said President of the Council and City Clerh, he the Agreement of the City of Roanoke. The motion was seconded by Mr. Young and adopted by the following vote: AYES: ConncIl members Dayles, Plchett, Mebber, Young, and the President, Mr. Moody ....................... - .............. NAYS: Messrs. Hanes and #aldrop ........ 2. PARKS AND PLAYGROUNDS: The City Hauager advised that the Commoowealth of Virginia Is currently attempting to secure the necessary rights-of-way for the 233 construction of a section of the Blue Ridge Parkway ia tko Roanoke area and kcs requested the right to construct said roadway across certain pipeline easements owned by the city situate In Roanoke County, Virginia, and recouended that the right-of-way be granted, Hr. lebber uoved to concur in the recommendation of the City Manager cud that the following Ordieance be placed upon its first reading: ¢u12593) AN ORDINANCE providing for the granting to the Couonmealth of Virginia the rlghtto construct a certain road, knomn as the Blue Ridge Parkway, over aid across certain pipeline easements owned by the City, situate in Roanoke Connty, Virginia. #REREAS. the City Is the owner, by mesne conveyances, of certain pipeline easements situate in Roanoke County, Virginia, between the City*s Falling Creek and Beaver Dam Reservoirs and the Town of Vinton, specifically, an easement originally conveyed to Vlnton-Roanoke Water Company by Nllliam O. Rase, et by deed dated January 3, 1907. of record in Deed Book 30, page 393, and another easement conveyed to the said ViaCom=Roanoke Water Company by the said Mllllam G. Case, et ax., by deed dated August 10, 1907, of record in Deed Book 40. page 412, both deed book references herein made being to the records of the Clerk's Office of the Circuit Court for Roanoke County. Virginia; and WHEREAS, the City is fully exercising the rights conveyed to the original grantee under the aforesaid deeds of easement and, especially, is maintaining its lO-inch pipeline through the property described in said deeds; and WHEREAS, the Commonwealth of Virginia has acquired or is acquiring from the present fee simple owoers Of the aforesaid lands certain parts thereof through one or more of which parts it proposes to construct and operate a highway hnown as Route No. 48, Project No. 1093-M, also known as the Blue Ridge Parkway, in the construction and operation of which said Parkway it will be necessary that the same cross over the City's pipeline now situate on the property described in the two deeds of easement first herelnabove mentioned; and MHEREAS, the Commonwealth of Virginia is desirous of acquiring from the City the right to cross over said pipeline with its proposed Blue Ridge Parkway and the City is willing to grant such right to the Commonwealth of Virginia upon the terms and provisions hereinafter provided for; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby, authorized and directed, for and on behalf of the City, to execute a deed of easement with the Commonwealth of Virginia as its grantee, which would grant and convey, on the part of the City. to the Commonwealth of Virginia the rightto construct, operate and maintain Route NO. 49, Project No. 1093-R, known as the Blue Ridge Parkway, over and across those certain pipeline easements now owned by the City by virtue of two certain deeds of easement from William G. Muse, et mx.. to Vlnton-Roanoke Water Company, dated January 5, 1907, and August lO, 1907, which said deeds are of record in Deed Book 39, page 395, and Deed Hook 40, page 412, respectively, in the Clerk*s Office of the Circuit Court of Roanoke County, Virginia, wherein said pipeline easements are situate, provided, however, that in its acceptance of the CJtyts deed, the Commonwealth of Virginia will covenant and agree that in the actual 234 construction of the Blue Ridge Purkmuy across said eusemelts it will construct through the entire construction prlsw n 5-foot z S-root concrete box culvert eucuslog that portion or the plpeliue belonging to the City over mhich said Pathway will be.cozstructed lu order that the Clty and its duly authorized agents and employees shall have access to said pipeline rot the purpose of muking repairs thereto, mnintniniug or replacing the suue nnd, further, that nil rights, obligation cooditious,~restrletlons nnd duties devolving upon the parties to the oforeszid and except only that the Cowwonmealth of Virginia, or its assigns, shall, after that the water pipeline which passes through said culvert way be inspected, maiutuln~ repaired or replaced whenever the saue may he required or desired by said City; and that the Cityts deed to the Commonwealth of Virginia hereinnbove provided for is to be upon such form as is approved by the city Attorney or the Assistant City Attorney. The motion was seconded by Mr. Maldrop and adopted by the following vote: *AYES: Council members Davies. Banes, Pickett. Maldrop, Nebber. Young, and the President, Mr. Moody ............... NAYS: None ..................... O. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED ---'--F~esiden 235 COUNCIL. REGULAR MEETING. Monday, May 9, 1955. The Council of the City of Roanoke wet in regular meeting in the Council Chamber le the Municipal Building, Monday, May 9, 1955, nt 2:00 o*cl~ck, p. m., the regular meeting hour, with the President, Mr. Moody, presiding. PRESENT: Council members Davies. Bases, Pickett, Maldrop, Mebber, Young, and the President, Mr. Woody ................. ?. ABSENT: None ......................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittleo City Attorney, Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend J. M. Reynolds, Jr** Pastor of the Cave Spring Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Ronday, May 2, 1955, having been furnished each member of Council. upon motion of Mr. Young, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. BEARINO OF CITIZENS UPON pUBLIC MATTERS: NONE. pETITIONS AND COMMUNICATIONS: MAHER FIELD: A communication from Mr. LeRoy Schneider. advising that Roanoke Baseball. Incorporated. is attempting to dissolve the corporation and that in order to do so it will be necessary to remove the lien mhich the city has against said corporation for rent In the amount of approximately $600.00, and requesting Council to release said lien, was before the body. Mr. Young moved to refer the commnnicatlon to a committee consisting of Messrs. Arthur S. Owens. Chairman, Randolph G. Mhittle and Harry R. Yates with instructto~to look into all phases of the matter, to attempt to arrive at a solution with Roanoke Baseball. Incorporated. whereby the city would take over ;ome items of equipment in return for release of the said lien, and to submit its ,econmendatlons to Council. The motion was seconded by Mr. Maldrop and adopted. PENSIONS: A communication from the Board of Trustees of the Employees* Retirement System. transmitting a report of an audit of the system accounts for the year 19S4, was before Council. The communication and report were filed. REPORTS OF OFFICERS: PURCHASE OF PROPERTY-TRAFFIC: Council, by Ordinance No. 12346. adopted on the 29th day of March. 1955. having authorized and directed the City Manager to offer to purchase from Roy R. Pollard, Sr.. and Virginia B. Pollard, for a price of $1.000.00, a portion of Lot 11, Block 5,.Map of Barbour Heights. for street purposes, the City Manager reported that he has made such an offer and that Mr. Pollard has. by letter dated.May 4, 1955, rejected the same. and recommend that condemnation proceedingsbeinitiated to procure the said property. Mrs.~Pickett moved toconcur in the recommendationof the City Manager and that the following Ordinance be placed nponits first reading: 236' (a12384) AN ORDINANC£ authorizing and directing that condemnntion proceedings be lnstitlted to acquire, rot nnd on behalf or the City or Roanoke, the fee simple tl¢le to certain real estate situate in the City of Roanoke, nt the lntersectlol of Shermood and flrnadon Avenues, S, W.o to be used for street purposes iR mideeing the intersection of the aforesaid Avenues. WNEREAS. this Council deems Jt necessary, for pnblic purposes, to miden lake Intersection of Hrandon and Sbermood Avennea. S, W., and, for such purposes mill need to acquire the hereinafter described real estate; nnd WDEREAS. the land hereinafter' described is wanted and needed, by the City, for the purposes aforesaid; and WBEREAS, the City Manager, at the direction of this Council. has heretofore made bona fide efforts to purchase the land hereinafter described from the owners thereof, for and on behalf of the City. but, notwithstanding, such efforts, in the remises, have been Ineffectual and the City has been unable to agree mlth said on the purchase price to be paid therefor; and MDEREAS. this Council deems it essential that prompt steps be taken, on ,ehalf of said City, to acquire the land hereinafter described for the purposes aforesaid. THEREFORE. BE IT ORDAIHED by the Council of the City of Roanoke that the proper City officials and representatives be, and they are hereby, authorized and directed to institute and conduct, in one of the conrts of record of the City, condemnation proceedings to acquire, for and on behalf of the City, the fee simple title to that certain lot or parcel of land situate in the City of Roanoke, Virginia, and more particularly described as follows, to-wit: BEGINNING at a point on the present north line of Brandon Avenue, S. W,. said beginning point being located S. 77° lb' M. 194.11 feet from the point of intersection of the present south line of Sherwood Avenue with the present north line Of Brandon Avenue; thence with a new division line through and across Lot 11, Block 5, Nap of Barboar Heights, said map being of record in the Clerh*s Office of the Bustings Court for the City of Roanoke, Virginia, in Deed Book 360, Page 224. N. 12° 44' #, 95.95 feet to a point on the present south line of Sherwood Avenue; thence with same S. 76° 2b' E. 138.42 feet to a point of curve; thence with a carved line to the right an arc distance of 48.9b feet (radius of said curve being 18.25 feet with a chord bearing and distance of S. 0° 25' W. 35o54feet) to a point of tangency on the present north line of Brandon Avenue; thence with same S. 77° 116.0 feet to the place of BEGINNING; BEING an easterly portion of Lot II. Block 5, Map of Barbour Heights of record in the afore- mentioned Clerk*s Office. It is the intent of this description to cover all of Lot 11. Block 5, Map of Barbonr Heights, lying east of a line 20.0 feet from and parallel to the original west line of the aforesaid Lot lt. RECORD OWNERS: Roy R. Pollard, Sr., and Virginia R. Pollard, husband and wife. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Naldrop, Webber, Young, and the President, Mr. Moody ..................... NAYS: None ............................. O. STREETS*¥AT£R-SEM£RS~ The City Manager presented · letter from Mr. Ro V. Fowlhes, inquiring whet the city would do in connection with construction or a street, water amd sewer lines rot Eastern Avenue. N. E.. which he proposes to develop rot negro homes, the City Manager advising that he has informed Mr, Fowihes that under the normal Mater Rules and Regulations the city will furnish mater to the development, that as the area develops the city will improve the street in accordance with its ·sage and priority of public importance, and that under the existing rules, the cost of the sewer, which he estimated to be approximately $22.000,00. will be borne half by the developer and half by the city. the City Manager advising further that there are no runes available in the 1955 budget for the construction of said sewer, and recommended that the question be considered in the 1956 budget study sessions. Mr. Banes moved to concur in the recommendation of the City Manager and to defer action in the matter until the 1956 budget study session~. The motion was seconded by Mr. Young and adopted. PBRCBASE OF PROPERTY: The City Manager presented an offer from Mr. R. V. Fowlhes to purchase Lots 6, 7 and 8, Bloch 39, West End and Riverviem Addition, owned by the City of Roanoke, for $T50.00 net, stating that in his Judgment the city should not dispose of the lots at this time, and recommended that the offer be refused. Mr. Webber moved to concur In the recommendation of the City Manager and to refuse the offer of Mr. Fowlkes. The motion was seconded by Mr. Davies and adopted. PURCHASE OF FROPERTT-AIRPORT: The City Manager presented an offer from Rt. Ernest Ramey, et als. to purchase approximately one acre of land at the Roanoke Municipal Airport. fronting on Virginia Route No. 117. for $3.000.00, on which Mr. Ramey proposes to construct a home, the City Manager recommending that the offer be refused and that the city not dispose ur any of the Airport laud. Mr. Banes moved to concur in the report and recommendation or th~ City Manager and to refuse the offer. The motion mas seconded by Mrs. Pichett and adopted. REPORTS: The City Manager presented a report from the Airport rot the month of March, 1955, and reports from the City Mather, the Delinquent Tax Department. the Department of Buildings, the Electrical Department and Purchasing Departaent for the month of April, 1955. The reports mere filed. POLICE DEPARTMENT: The City Manager reported the employment of Raymond Ralph Eanes as a Patrolman in the Police Department, effective May 1, 1955. The report was filed. BUDGET-LIBRARY: The City Manager presented a list of equipment requested by the Director or Libraries for porchase from the balance in the Improvement Fund from the Library Bond Issue amounting to $1,032.30 and recommended that Council authorize the purchase of such equipment. .237 238 Mr. MoldroP moved to concur in the recommendation of the City Manager end offered the following Reoolution~ (n12385) A RE$OLBTiON authorizing the purchase of certain equipment for the Roenoke Public Library in the total amount of $1,032.30. (For full text of Resolution, see Ordinance Book No. 20, Page 434.~ Mr. Waldrop moved the adoption of the Resolution. The motion was seconded by Mr. Hanes end adopted by the folloming vote: AYES~ Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President. Mr. Woody ............... ?. NAYS: None ..................... O. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: MATER DEPARTMENT: Council at Its meeting of April ID, 1955, having referred ia petition, reqeesting certain changes in the Rules and Regulations covering i boating at CarvJns Cove, to a committee consisting of Ressrs, Arthur S. Owens. i Chalrman, G. H. Ruston and R. P. Hunter, the committee submitted its report, i recommending that the rules be changed to permit motors not in excess of twenty- ilfive horsepower, the power of said motors to be In accordance with the size of the boat as determined by a specified formula, the committee further recommending that the fifteen mile per hour speed limit on the Cove be eliminated and that no change be made in the fees. Hr. #ebber moved that since the committee's recommended formula eliminates boats with a transom width of less than thirty-three inches, the report be regular meeting of Council, and that a public hearing be held on the question at 2:00 o'cloth, p. m., May 16, 1955. The motion was seconded by Mr. Hanes and adopted. CONSIDERATION OF CLAIMS: NONE. 1NTRODUCYION ANO CONSIDERATION OF OROINANCES AND RESOLHTIONS: STREETS AND ALLEYS: Ordinance No. 12376, vacating that c~rtain portion of Billcrest Avenue, N. W., extending approximately 170 feet north of Oahland Boulevard, having previously been before Council for its first reading, read and laid over. mas again before the body, Mrs. Pickett offering the follomlng for its second reading and final adoption; (n12376) AN ORDINANCE vacating that certain portion of Hillcreat Avenue N. W., in the City of. Roanoke. Virginia, extending north of Oakland Boulevard, N. W., in said City, as shown and designated on the Map of Round Hill Park recorded in the Clerk*$ Office of the Circeit Court of Roanoke County In Plat Book 2, Page 125, said portion of Hillcrest Avenue to be closed extending approximately 170 feet north of Oakland Boulevard, and being a dead end street terminating at the property line of the J. Allen Watts estate farm. (For full text of Ordinance, see Ordinance Book NO. 20, Page 425.) Mrs. Pickett moved the adoption of the Ordinance. The motion mas seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Mebber, Young, and the President, Mr, Moody .................. 7. NAYS: None ........................ O. PARKS AND PLAYGROUNDS: Ordinance No. 12378, authorizing nad directing the execution of a mrltten agreement ulth #r. N. Jo Halt,e, granting the privilege to Hr. Dalton to operate 8 p,er ride concession at the Zoo on Mill Mountain, bering prerloaely been before C,until for Its first rending, reed and laid over, wes again before the body, Mr. Davies offering the r,Il,wing rot its Second reading and final adoption: (n12378) AN 0SOIHANCE authorizing and directing the execution of a written agreement with N. J. Dalton grueling certain concession rights at Mill Mountain Park. (For full text of Ordinance. see Ordinance Hook No. 20, Page 427.) Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Mr. Hones end adopted by the f,Il,ming vote: AYES: Council members Davies, Hanes. Pickett, Waldrop, ~ebber. Young. end the President, Mr. Woody .................... T. NAYS: None .......................... O, HOUSING: Ordinance NO. 12382, authorizing and directing the President of the Council of the City of Roanoke and the City Clerk. for and on behalf of the City of Roanoke. Virginia. to enter into and execute an Agreement with the City of Roanoke Redevelopment and Housing Authority carrying into effect the slum clearance and redevelopment plan for the City of Roanoke designated "RedevelopMent Plan for Project No. U. R., Va. 7-1 or Conmonmealth ProJect'. having previously been before Council for its first reading, read and laid over, mas again before the body. Mr. Webber offering the following for its second reading nad final adoption: (~12382) AN ORDIRANCE authorizing and directing the President of the Council and the City Clerk. for and on behalf of the City of Roanoke. Virginia. to enter into and execute an Agreement with the City of Roanoke Redevelopment and Housing Authority carrying into effect the slum clearance and redevelopment plan for the City of Roanoke designated WRedevelopment Plan for Project No. D. R., Va. 7-1 or Commonwealth Project". (For full text of Ordinance, see Ordinance Book No. 20, Page 426:) Mr. Nebber moved the adoption of the Ordinance. The motion mas secoeded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Pickett, Hebber~ Young, and the President, Mr. Moody ........................ 5. . ~ NAYS: Messrs. Hanes and Maldrop ............ 2. PARKS AND PLAYGROUNDS: Ordinance No. *12~83, providing for the granting to the Commonwealth of Virginia the right to construct a certain road, known as the Hlne Ridge Parkway. over and across certain pipeline easements owned by the City of Roanoke, situate In Roanoke County; Vtrglnia~ having previously been before Conncll for its first reading, read and laid ove~, was again before the body, Mr. Waldrop offering the following ~o£ Its secoed reading and final adoption: (n12383) AN ORDINANCE providing for the granting to the Commonmealth of Virginia the right to construct a certain road, known as the Blue Ridge Parkway. over and across certain pipeline easements omned by the City, sJtuote in Roanoke County, Virginia. (For full text of Ordinance. see Ordinance Book No. 20, Page 432.) 239 Hr. Noldrop moved the~odoptlon or the OrdJncoce, The motion was seconded by Hr. Daoes nad nd,pied by the r,Il,ming vote: ~Y£S: Council members Davies, Dunes, Pickett, Wnldrop, Webber, Young. nad the President. #r. Woody ............... NAYS: None ..................... O. -- WATER DEPARTMENT: Council et its meeting of Vii 2, 19550 buying occepted the proposals of J. W. Turner end Company, Incorporated, for Cottrcot A~ Roberts Filter Douurncturing Company rot Contract Dy Worthington Corporation.for Contract C~ and Link-Belt Company for Contract O. rot the construction of additions to the Corvins Cove Filter Plant. and having instructed the City Attorney to prepare the proper Resolutions. authorizing the granting and execution of contracts therefor. Mr. Webber offered the following Resolution for Contract A: (nI23R$) A RESOLUTION accepting the proposal of J. W. Turner and Company. Incorporated. for the construction of certain additions to the Carvins Cove Filter Plant (Contract *A*); authorizing and directing the proper City officials to ex,cote the r,q, Init, contract; and providing for an emergency. (For full text of Resolution. see Ordinance Book No. 20. Page 434.) Mr. Rabbet moved the adoption of the Resolution. The motion was seconded by Mr. Maldrop and adopted by the following vote: AYES: Council members Davies. Danes. Pichett. Maldrop. Webber° Young. and the President, Mr. Woody ................... 7. NAYS: None ......................... O. Mr. Yonng offered the folloming Resolution for Contract (=12387) A RESOLUTXON accepting the proposal of Roberts Fll~er Ranufacturl~ Co.. to furnish certain materials and equipment (Contract "B"). for the Carvins Cove Filter Plant Addition; authorizing and directing the proper City officials to execute the required contract; and providing for an emergency. (For full text of Resolution. see Ordinance U,oh No. 20. Page 435.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies. Danes. Pichett. Woldrop. Webber. Young. and the President. Mr. Woody ..................... NAYS: None ............................... O. Mr. Hanes offered the following Resolution for Contract C: (x123BS} A RESOLUTION accepting the proposal of Worthington Corporation to supply and supervise the erection of the pumping equipment (Contract for the Carvinn Cove Filter Plant Additlon~ authorizing and directing the proper City officials to execute the required contract[ and providing for an emerRency. (For full text of Resolution. see Ordinance Book No. 20. Page 436.} Mr. Hanes moved the adoption of the Resolution. The motion wan seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett. Waldrop, Webber. Young. and the President. Mr. Woody ................... ?. NAYS: None ............................. O. 241 Nv, Davies offered the following Resolution for Contract D; ,, (a12309)'X RRSOLDTION accepting the proposal of LJnk-Helt~Compnny, for supplying the Slom Nix £qufpment and supervising the erection:thereof (Contract at the Cnrvins Cove Filter Plant Addition;.authorizlng and direeting the proper City officials to execute the required contract; and providing for'an emergency. (For fall text of Resolution, see Ordinance Book No. 20, Page 437.) Hr. Davies moved the adoption of the Resolution. .The motion mas seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett, Yaldrop, Yebber. Young, and the President, Mr. ~oody ............... NAYS: Nose ..................... O. Council at its meeting of Hay 2o 1955, at the request of the City Manager. having directed the City Attorney to prepare a Resolution, providing for a contract with Alvord, Hurdlck and Howson for engineering supervision of the construction of the additions to the Cnrvins Cove Filter Plant. the Resolution was presented. Mr. Yebber moved to table the matter and to instruct the City Manager to work oat the proposed agreement mith Alvord, Durdick and Rowson and submit his recommendations to Council. The motion was seconded by Mr. Davies and adopted. ~r. Young then stated that it might be possible that J. M. Turner and Company, Incorporated, might be delayed in beginning work under Contract A for the reason that no engineering supervision has been provided for and moved that the City Manager be instructed to arrange with Alvord, flurdfck and Howson to have an inspector on the job, if necessary, in order not to delay J. R. Turner and Company, Incorporated, in beginning work under Contract A, pending the formal contract to be entered into between the City of Roanoke and Alvord, Hurdtck and Hnwson. The motion mas seconded by Mr. Waldrop and adopted. MOTIONS AND MISCELLANEOUS BUSINESS: SMOKE CONTROL: The City Clerk reported that a vacancy still exists on the Advisory and Appeal Board, Air Pollution Control, for the unexpired term of Mr. Raymond R. Miller, deceased, which term expires December 31, 1957. ars. Pickett placed In nomination the name of Mrs. H. Harold Dove. Mr. ~ebber moved to close the nominations. The motion was seconded by Mr. Young and adopted; whereupon, Mrs. G. Harold Dove was elected as a member of the Advisory and Appeal Board, Air Pollution Control, to fill the unexpired term of Mr. Raymond R. Miller, deceased, said term expiring December 31, 1957, by the following vote: AYES: Council members Davies. Hanes, Pickett. ~aldrop. ~ebber, Young. and the President. Mr. Woody .................. NAYS: None ........................ LIBRARY BOARD: The City Clerk reported that the-terms of Mr. Frank Rogers. Mr. C. D. Hurt and Dr. A. P. Jones as members of the Roanoke Public Library Board will expire June 30, 1955. Mr. Young placed in nomination the names of Mr. Frank ~. Rogers, Mr. C. D. Hurt and Dr. A. P. Jones as members of the Roanoke Public Library Hoard for terms of three years each beginning July 1, 1955. 242 Mr. Mebber moved to close the noulootious, The motion was seconded by Mr. Moldrop nnd ndoptedl whereupon, Mr, Fronh N, Rogeru~ Mr, C. D. Hurt mid Dr, A, P. Jones were reeleated ns wewbern of the Roonoke Public Librnry Hoord for terms of three yeors each beginoing July 1, 1955, by the following vote: AYES: Council members Duvles, Hines, Pickett, Hnldrop, Mebber, Young, nnd the President. Mr. Woody ...................... ?. NAYS: None ............................ O. CENTRAL REGI$?RAR: The City Clerk reported that Miss Hazeltine M. Settle has qualified ns Centrol Registrar rot the City of Roanoke. Virginia, for a term of Omo years beginning May 1, 1955. The report mas ordered filed. There being no further business, Council adjourned. APPROVED COUNCIL. SPECIAL MEETING, Thursday, Ney 12, 1955, The Council or the City or Roanoke met in special meeting in the Council Chamber ia the Municipal Building, Thursday, May 12, 1955, at 8:00 o'clock, p. m.. with the President. Hr, Moody. presiding. PRESENT: Council members Davies, Hanes, Pickett, Raldrop, Mebber, and the President, Mr. Moody .................... ABSENT: Mr. Young ............... 1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, and Mr. J. Robert Thomas, City Clerk. The meeting mas opened with a prayer by Mr. Arthur S. Owens. City Manager. ZONING: The Mayor announced that the purpose of the special meeting is to hold u public hearing on the question of mhat area, or areas, if any, sitaate either side, or both sides, Of Melrose Avenue, N. M., from Lafayette Bonlevurd to Peters Creek Road, should be rezoned from its present classification to Business District, and that proper notice of the hearing has been published in The Roanoke World-News on April 26, 1955. The report of the City Planning Commission dated April 12, 1955, stating that it ia of the opinion that the business needs of present day living require large areas of sufficient depth to provide for off-street parking and that such should be concentrated for the best interests Of the public, further that two reasonably large areas should be established onMelrose Avenue west of Lafayette Boulevard. N. M., one area to be located Immediately west of the entrance to Fairview Cemetery and the other area at the west corporate limits, the two areas to include propertieson both sides of the street opposite each'other, and recommending that the following properties be rezoned to Business District; was read: r, Relrose Avenue. West of Fairvtew Cemetery (south side): #. Price and Estelle C. Fields : Lots-No. 2660417 and No. 2660419 , : Travanious RcDanlel Lot NO. 2660416 Sandie E. Vest Lot No. 2660415 : ~Charles R. and Certrude,L. Hubbard Lots No..2660411, No. ' 2660412, No. 2660413 and ~ .... : :; . · No. 2660414 M. P. Reador Lot No. 2660419 :~ Trusteesl Fairview. Rethodist Church. Lot.No. 2660410 Melrose Avenue Mest of Viewmont Street (north side): ..... ', ; Alden M.~and~Alice A~.McGrath, · .Lot.No. 2660505 ' Dora S. Harrell Lot No. 2660503 ~ : :. Mary L..Cawley,, " :, .... Lot No; 2660502~ Rev. Peter Rabil Lot No. 2660501 (It is recommended that the above-listed properties · located-on.the:north, side be rezoned for'a depth of 400 feet running parallel with Melrose Avenue.) Melrose Avenue beginning ap, 563 feet meat of Van Buren St. · , : ~,.Ruth~Patsel Peters/,Harry,L.-Patsel .... · ........ and Dorothy Parsul Hess Portion of Lot No. 2761701 (It is recommended that said property be rezoned for a depth of 500 feet from the southerly boundary of Melrose Avenue.) 244 Melrose Avenue West 9~ Comer Streqt (north side): H. B. Cassell end Wife Bloch 1, West Park Nap, Lots 1-11, inclusive (rummies through to Vlrgitie Avalon,) H, B. Ccssetl and Mile Lots Ho. 2762601 end Bo. 2761001 (funnies through to Yirglela Avenue,) The Commission further stated its opinion that the areas recommended are the most suitable tar business developwent and milt be ample to tahe care of community needs for years to come, stating further that it is of the opinion that the practice or 'strip' or 'ribbon' zoning or properties elong a major highuay remains In haphazard derelopmcnt detrimental to a community. The city Clerk then presented a letter from Mrs. Hattie #. Jones, requestin~ that her property at 4131 Melrose Avenue, N, W** be rezoned for business purposes. Mr. L. E. ~srt. Jr., Attorney for Claade E. Perfater and Asbrey L. Perfater, presented a request that Lots I and 2. Section 2, Hap of West Park Addition, located on Melrose Avenue, N. W., near the extreme western limits of the City of Roanohe, be rezoned to Business District. Hr. E. Grlffith Dodson, Jr** Attorney, representing Dr. J, W. Simmerman, appeared before Council and requested that the property of Dr. Simmerman located on the northmest corner of Melrose Avenae and Lafayette Boulevard, N. H., be rezoned for business purposes, stating that all the property to the east of Dr. Slmmerman on both sides of Helrose Avenue are business properties and that the property immediately to the west is zoned for special residence. Mr. Tom Stockton Fox, Attorney, appeared before Council and stated that he represents Hr. C. T. Beth, Hr. J. A. Suttenfield, et als. requesting that their property located on the north side of Helrose Avenue, ~. #., west of Country Club Drive, being Lots ~os. 2660109, 2660120. 2660108, 2660107. 2660106. 2660104. 2660103 and 2660102, be rezoned to Business District. Mr. Fox advising that this request has been presented to the City Planning Commission for consideration alan9 with the rest of the Melrose Avenue area adder study. la reply to a question from Hr. Hanes, Hr. Fox stated that the owners have no present plans.for the use of said property in definite form advising further that be represgnts Mr. and Hrs. R. B. Cassell, whose property is located on Melrose Avenue. N.W., west of Comer Street, on the north side, and is included in the recommendation o( the City Planning Commission for rezoning as hereinabove set out, Hr. Fox stating that Mr. and Mrs. Cassell are extremely anxious to hare the property rezoned. Hr. Richard T. Edwards, Attorney. appeared before Council and stated that he is representing Mr. B, M. Hoomaw, Attorney for Hr. W..Price Fields and HFS. £stelle C. Fields~ et als, owning property in the area recommended for rezontng by the Planning Commission on Helrose Avenue, N, W.. west of Fairvleu Cemetery, on the s~uth side, and presented an architect*s drawing of the proposed ahopping center to be erected on a portion of the area. Mr. Edwards stating further that tentative agreements have been entered into by four business houses for locat/o~ in the proposed shopping center. 245 ' Mr, #ortou Honeywan, Attorney for Mr, Lake Rosenberg, et als, appeared before Council and requested that nppromiuately five acres of land lying on the south side of Melrose Avenue, N, N** Immediately nest of Thirty-first Street, be reaoned to Business District, being Lots Nos. 2530101 and 2530102, Br. stating.that n r~quest rot the rezoning of this property was wade in 1951 ned recommended by the City Planning Comwission, but that the Planning Cowwlssion in Its recent report did not recowneud reuoniag of the property Jn question. Mr. Robert S, Gnerruut, Attorney for Ruth Patsel Peters, Hurry L. Pntsel nad Dorothy Putsel Hess, owners of n portion of Lot No. 2761701, located on Melrose Avenne, H. W., approximately 563 feet west of Van Harem Street, on the south side, which property is included in the recowwendation of the City Planning Comwission hereinbefore set out, appeared before Council and reqoested that the recomueadation~ the Planning Commission, insofar as it concerns his clients, be concurred in. Hr. John H, Mllson, Attorney for the Trustees of Fairview Cemetery, Incorporated, appeared before Council and expressed the opposition of his clients to rezonfng the property located on the south side of Melrose Arcane, N. west of Falrview Cewetery, owned by #. Price Fields and Entelle C. Fields. et als. as set out in the report of the City Planning Cowmission. Hr. MJlson stating that his clients feel a business area will be detrimental to the cemetery. Hiss L. DOrCas Lofland, 3534 Helrose Avenue. H. M,. and Mrs. Lillian Purcell. 3530 Melrose Avenue, N, W., appeared before Council and stated that they are in favor of business all along gelrose Avenue, feeling that the property is no longer desirable for residence along the main hiRbway. MIss Anna J. Hahero 834 Thirty-first Street, N. Noo and Mrs. T. D. Adams, 824 Thirty-first Street, N. M., appeared before Council and opposed rezonlug of the property as requested by Hr. Morton Honeymau, Attorney for Hr. Lake Rosenberg, et als. No other persons appearing. Mr. Webber moved to take the matter under consideration until the next regular meeting of Council. The motion was seconded by Hr. Waldrop and adopted. There being no further business, Council adjourned. APPROVED U Clerk / President 246' COUNCIL, REGULAR #EETISG, Hooday, Ney 16, 1955o The Council of the City of Roanoke met in regular meeting fa tko Council Chamber ia the Municipal Uelldiug, Monday, May 16, 1955, et 2:00 o'clock, p. the regular meeting hour, with the President, Mr. Moody, presiding. PRESENT: Council members Davies, Hanes, Waldrop, Webber, Young, and the President, Mr. Woody ................................ 6, ASSENT: Mrs. Pickett ........................ 1, OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney, Mr. Harry R. Yates. City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend Edwin N. Troutman, Pastor of the Emmanuel Lutheran Church. #INUTES: Copy of the minutes of the regular meeting held on Monday. May 9, 1955, having been furnished each member of Council. upon motion of Mr. Hanes, seconded.by Mr. Davies and adopted, the reading mas dispensed with end the minutes approred as recorded. The Moyorwelcomed the members of the Eighth ,rude Civics Class of Booker T. Washington Junior High School who were present to observe the Council meeting with their teacher, Mrs. Sa/lye T. Coleman. HEARING OF CITIZENS UPON PUBLXC MATTERS: RATER DEPARTRENT: The City Manager having advertised for bids for the construction of a water main, and ail appurtenances thereto, in Shenandoah Avenue, N. ~., from Thirty-sixth Street to the General Electric Company property, the folloming bids were received: Corer Construction Company, Incorporated, Aaron J. Conner, ~19,192.00; M. S. Hudgins, Joe Hudgins and Claude Pace, Jr., $130079.00~ Pioneer Construction Company, Incorporated, $17,826.35; and Tip*on Construction Company, $20,945.00, Rr. Young moved to ~efer the bids to a committee consisting of Messrs. Arthc S. Owens, Chairman, Charles E. Moore, Harry R. Yates and Herbert A. Davies for tabulation and report to Council. The motion was seconded by Mr. Waldrop and adopted. WAFER DEPARTMENT: Council at its meeting of May 9, 1955, having received a report from a committee consisting of Messrs. Arthur S. Owens, Chairman, Robert P. Hunter and Gilbe~ R. Rust,n, recommending certain changes in the boating regulations at Carvins Cove, and having referred the matter back to the committee for further consideration, and having established o public hearing on the qcestioo For 2:00 o'clock, p. m., May 16, 1955, the committee re-submitted its report, with on addendum, recommending that the Rules and Regulations contained in Ordinance No. 11418 be amended by elimination of the present 15 niles per hour speed limit, end that the power of motors used on boats be determined by a formula of the center length multiplied by the widest point over the gunwhales multiplied by the deepest point from hull at keel to vertical line at widest point of guowhales which produces the cubic foot measurement of the boat, said cubic footage to be divided by factors as follows: -..247' For boats with a troosoR width of from 24" to 38", a factor of 10, For boats With a trlosow width of rrou 38" to 44#, a factor of For boats Rlth a transom width of froR 44" to 48". m foctor or For boats with · transow width of rrna 45' to For boats with a tra·som width of $2w and over, o roctor or For boats with a trousom width ·rider 24u, a BOXIBUR horsepoRer of 2 1/2. A five per cent pl·s or minos to be allowed when boat and motor figures core close to next larger Rotor size. The RaxIRuR horsepower of owl Rotor used on the Cove to he 25 horsepower. provided that this restriction shall not apply to the Water DepartRent and the Police DepnrtRent. No citizen or interested person offered any coRRent at the p·blic hearing. Dr. Danes Roved to cooc·r in the report of the coRRittee, as aRended, aid that the Ratter be referred to the City Attorney for preparation of the necessary Ordinance carrying out the provisions of the coRRlttee*s recoRmendations, and in addition, providing for the operation of an exc·rsion type boat on the waters of the Core by the city thro·gh n concessionaire, which said exc·rsion boat would be exeRpt froR the limitations of horsepoRer as contained in the recosRendations of the committee. The motion was seconded by Mr. Davies and adopted. PETITIONS AND COMMUNICATIONS: VIRGINIA STATE CHAMBER OF COMMERCE: A commnnlcation from the Virginia State Chamherof Commerce. reqnesting the City of Roanoke to become a member thereof and to provide an annual appropriation on the basis of onecent per capita. based on the city population, as dues. was before Council. Dr. Waldrop moved to refer the reqsest to the 1955 budget study sessions. The motion was seconded by Mr. Danes. Mr. Webber then offered asubstitnte motion to deny the request. The motion was seconded by Hr. Davies and adopted. ,REPORTS OF OFFICERS: AIRPORT: The City Manager.reported that the Civil Aeronautics Administration has made a:tentative allocation of $60.000.00 for the 1955 portion of the Airport Improvement Program set:out in Resolution No. 12323, adopted by Council on the 7th day of February. lC55. but has advised that an item of Sb,OOO.OO:carried in the IfS5 program for light alterations cannot be approved by the Civil Aeronautics Administration, however, the Administration has requested that this amount be left in the program for expenditure on other.construction items such:as drainage. paving and;improveRents~ tie,City Manager recommending.that:Council approve the request of the Civil Aeronautics Administration;: - . : : Mr. Webber moved to concur in the recommendation of the City Manager and offered the following Resolution: (~12390) A RESOLDTXON authorizing the City Manager in making the authorized project application, to deviate from Resolution No. 12323, adopted on the ?th day of February, 1955, as herein contemplated; and providing for an emergency. (For foil text of Resolution. see Ordinance 5ook No. 20, Page 439.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Waldrop and adopted by the following vote: AVES: Conncil members Davies, Hanes. Naldrop. Webber, Young. and the President, Mr. Moody .................... NAYS: None ...................... O. (Mrs. Pickett absent) 2 L8· SALE OF PROPERTY-MATER DEPARTMENT: The City Manager presented i commuelcnti* from Mr. Moss A. Pluehetto offering to exchange certain lands owned by Mr. Plankett and a client rot other lands owned by the City of Roanoke iu the.Curtius Cove watershed area. Mr. Young moved to refer the request to · committee consisting of Messrs. Arthur S. Owens, Chairman, Charles E. Moore and Randolph G. Whittle for n fall Investigation. study and recommendation to Council. The motion was seconded by Mr. Hanes and adopted. SCHOOLS: Council at its meeting of April 4, 1955, having directed the City Manager to determine the cost per pupil lB the public school system of the city, the tuition being charred non-resident students and others in the city school system and the charge'being paid to the county for city children attending county schools, the number of students being sent to the county schools from the city and the number of students in the city school system paying tuition, and report thel on, the City Manager reported as follows: #The cost per pupil of education in Roanoke rot 1q53-54 was $245.13. This cost per pupil Is obtained by dividing the total cost of operation including state, federal, and city appropriation (exclusive of capital outlay and debt service) by the daily attendance. Since the average daily attendance could only be approximated now. the exact cost for 1954-55 cannot be determined at this time. The city schools, for a number of years, have allowed pupils living outside the city limits to be enrolled upon payment of tuition. Last fail. however, because of large enrollments in many of the classes, no nam tuition pupils were added if their addition mould make.the class size too large. For the session 1954-55 there have been 114 pupils who bare paid tuition. Of thls number, 23 had some Meal Estate Exemption because of owning property within the city. 17 were enrolled for a part of the year but have now withdrawn, 16 are veterans whopay tuition because they are over 20 years of age, 3 other city residents pay because of being over 20 years of are. 9 are postgraduate students, and 10 are pupils whose families moved out- side the city during April and who wished their children to continue mith their classes until the end of the session. In consideration of the amount of money appropriated for education by the ~ate and federal governments, the adjusted tuition charges were set some years ago at $60.00 for grades 1-6, and $90.00 for grades 7-12. This tuition rate has prevailed for a number of years. During the fall, a study was madeof the tuition charges in other cities, particularly those in Virginia, and a recommendation for increased tuition charges is plonned. At the time of annexation several years ago, some adjustment of pupils was made between the city and the county and some pupils who were actually living in the city continued to attend county schools because of various factors such as transportation, etc.. and vice versa. This practice has been continued by mutual agreement and to the satisfaction of both city and county. There are now 42 city pupils attendinR the county schools and 39 county pupils attending the city schools. The difference of the tuition for four pupils will be paid by the city to the county** The report was ordered filed. PURCHASE OF pROpERTY-STORM DRAZNS: Council at its meeting of January lO, 1955. having received from the City Planning Commission a recommendation that the city purchase Lots 25 and 26~ Fleming Court, to be held as a seepage area for surplus storm water, and having referred the recommendation to the City Manager to obtain a price for the purchase of the two lots, study the matter and make a recommendation to Council, the City Manager reported that the actual.lots lc question are Lots 21 and 22,.Fleming Court, and that he has a firm offer from the owner of the property to sell the lots to the city for $500.00 cash, the City Manager stating that in his opinion it would be an incorrect policy'to purchase this land because of the future cost of Such a policy and the criticism it mould entail, and, therefore, recommended against the purchase of the lots. 249 Mr. Manes moved to concur in the recommendation of the City Manager. The motion wes seconded by Mr. Davies and adopted. SALE OF PROPERTY: The City Manager reported that he has an offer from ~he Uilbu~ Development Corporation ~f~O5~50 roi n 362-root strip of lnn~ fronting on the west side of Ross Leae, S. M** north of Mrnmbleton Avenue, non owned by the ci~yl nnd recommended the acceptance of the offer. Mr. Mebber moved to refer the matter to the CltyPlanning Commission study nnd recommendation. The motion was seconded by Mr. Waldrop and adopted. MATER DEPARTMENT: Council nt its meeting of May 9, 1955, having tabled a Resolution submitted bF ~ *~ ~'~' to'proVide rot an agreement Manager with the City Alvord, Burdich nnd Mowson, Consulting Engineers, to supply engineering supervision or the construction of the add'tines to the Carries Cove Filter Plant, and having instructed the city Manager to work out an agreement with Mr. Mowson and submit his recommendations to Council, the city ~anager P~e~ented a communication from Alvord, nurd~ck'and Momson, offering to furnish engineering supervision for the construction of the additions to the Carries Cove Filter Plant on the basis of 2 1/2 per cent of the gross contracts for said construction, said rate to be limited to a period of nine months, with the addition of $750.00 per month for any time required after said nine months and payment by the city of actual traveling expenses for necessary visits by personnel of the Chicago office to the site of construction after said nine months, and recommended that Council accept the offer of Alvord, Burdlch and Mowson. Mr. Davies moved to concur in the recommendation Of the. City Manager and offered the following lesolutioni (~12391) A RESOLHT~O~ accepting the proposal of Alvord, Burdlck and llomson for supervision of construction of the Carvins Cove Filter Plant Additions; and providing for an emergency. (For full text of Resolution, see Ordinance ~ook No. 20, Page 43~.) Mr. Davies moved the adoption of t~e Resolution. The motion was seconded by Mr. Banes and adopted by the following vote: AYES: Councll~members Davies, Hanes, Naldrop, Webber, Young, and the President, Mr. Woody .... ~ .......... ~ ....... NA~S: None ......................... O. (Mrs, Pickett absent) In this connection, Mr. #ebber stated that hebelteves'Co~ncil should give consideration to accepting the pro~o~ai of Roberts Filter Manufacturing Company to install the additional three filter units in the Carvins Cove Filter Plant expansion as recommended by the committee in its report on the tabulation of the bids; whereupon, Mr. Davies offered the following Resolution: (~12392) A RESoLuTION extending the-Agreement of May lOth, 1955, betmeen the City and Roberts Filter Manufacturing Co.; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 440.) Mr. Davies moved the adoption of the Resolution. The motion was seconded by Mr. ~al~rop- and'adopted by the following vote: AYES: Council members Davies, Hanes, Waldrop, Hebber, Young, and the President, Hr. ~oody ..................... NAYS: None ....................... O, (Mrs. Pickett absent) BUDGET-LXFE SAVING CREMS: The City Manager advised that the Roanoke Life Saving and First Aid Crew is constructing a new building on the southeast corner 250 of Ooy Avenue nad Fourth Street. S. ~.. end that peru,aBel of the crew will be engaged is the' actual construction or the building, further that the Life Saving Crew has requested the installation of au extension telephone on the construction site ia order to permit wembers of the crew to be contacted in the event of un emergency, the City Manager stating that lu order to co*ply with the request or the Life Saving Crew it will be necessary to appropriate $35.00 to the appropriation for Life Saving Crems in the 1955 budget, and fee**mended that Council appropriate said sum. Mr. #aldrop moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~12393) AN ORDINANCE to amend and reordaln Section ~69. *Life Saving Crews* of the 1955 Appropriation Ordinance. and providing for an emergency. (For full text of Ordicance. see Ordinance Book No. 20. Page 441.) Hr. ~aldrop moved the adoption of the Ordinance. The motion nas seconded by Mr. Davies and adopted by the following vote: AYES: Council numbers Davies. Hanes. Naldrop. Webber. Young. and the ?resident, Mr. Moody ....................... 6. NAYS: ~oae ......................... O. (Mrs. Pickett absent) II MATER DEPARTMENT: The City Manager reported that H, A. Lucas and Sons, ilContractor for the Mater Department Operations Building on Hollins Road, N. ilhas completed the constrnction of the said building to the satisfaction of the iDirector of Public Moths, that the contract with H. A. Lucas and Sons provides for itbe of the Council to the ten cent retained under acceptance building by prior per ithe contract being paid, and recommended that Council hath*rOan acceptance of ilthe building. il Mr. Davies moved to concur in the recommendation of the City Manager and ii,fluted the following Resolution: (~12394) A RESOLUTION accepting the Mater Department Operations Building on Hollins Road and accessory worh in connection therewith; authorizing payment of the 10% retained percentage; and providing for an emergency, (For full text of Resolution, see Ordinance Hook No. 20, Page 441.) Mr. Davies moved the adoption of the Resolution. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Waldrop, Webber, Young, and the iPresident, Mr. Woody ...................... I NAYS: ~one (Mrs. Pickett absent) O. I PARKS AND PLAYGROUNDS: Council at its meeting of February 29, 1955, having ircferred to the City Manager the question of obtaining a concessionaire for Park on such basis as be considered to be in the best interest of the :ity of Roanoke, with the understanding that if any previous action of Council )revented such action, he was to report with bis recommendations, the City Manager reported that be has exhausted every means to secure the best possible bid, that the only bid he has been able to secure is from Charles L, Price who bas offered flat sum of $200.00, plus five per cent of the gross receipts Of the swimming tool, the city to pay for water in the swimming pool and Mr. Price to furnish ~hloriue therefor, the City Manager recommending acceptance of the offer. 251 instruct the City Attorney to prepare the necessary papers. The motion was seconded by Mr, H·nes ·sd ·dopted, REPORTS OF COMMITTEES: HONE. UNFIHISBEO BUSINESS: ZONING: Council at · special meeting held on Msy 12. 1955, ut 0:00 o'clock, p. w** having heard all citizens and interested persons on the question of rezo·ing certain properties on Melrose Avenue, H. #o, from Lafayette Roulevard to Peters Creeh Road, and having laid the matter on the table until its next regular meeting, the mutter mas again before the body. advising that the question raised by Me. J. R. Hildebrand, Planning Engineer, at the public hearing of whether or not a deed roe the northern lot of the two lots requested to be rezoned by Mro Ho·wyman has been recorded was well tube· and that the deed mas filed In the office of the Clerh of the Bustings Court on Rsy 13, 1955, was read. A letter from MFS. M. E. Caldwell, 3526 Melrose Avenue, N. M., advising that she is in favor of rezoning all of the property on Relrose Avenue. N. W., between Lafayette Boulevard and Peters Creeh, to Business District. was before C~sncJl. ~ A communication from Miss L. Dorcas Lofland. transmitting a petition of citizens residing on Relrose Avenue. N. i.. and in the vlcinlty thereof, requesting that the entire area be rezoned for business, was presented to the body. Mr. Hanes moved to concur in the recommendation of the City Planning Commission as previously presented to Council nnd to instruct the Attorneys for the property owners whose properties the City Planning Commission has recommended for rezontng to Business District, and the Attorney for Ur. J. W. Simmerman. to prepare the necessary Ordinances for rezouing all of the properties as recommended b! the City Planning Commission. plus the property of Br. J. M. Stmmermau located on the northwest corner of Lafayette Boulevard and Melrose Avenue. N. W.. to Business District. said Ordinances to be presented to Council at a subsequent meeting. The motion was seconded by Sr. Webber and adopted. MAUER FIELD: Councll at its meeting of Ma! 9, 1955, having referred to a committee composed of Messrs. Arthur S. Owens. Chairman, Randolph U. Mhittle and Barry R. Yates a request from Mr. LeRoy Schneider that the City of Roanoke cancel a lien for approztmatel! SBBO.O0 against Roanoke Baseball, Incorporated, in order that said corporation might be dissolved, the committee submitted its report. recommending that the request be denied and advising that it would be legally impossible for the city, without the express consent and approval of the corporatiot other lien creditors, to enter into an agreement mlth the corporation whereby the city would release its lien on all the said assets In return for taking title to certain items of equipment among those assets, and that it is further of the opinion that it wonld be to the best interest of all concerned, including the city, the corporation, and other lien creditors of the corporation, to proceed with the 252 collection of the clty*c lien claims against the corporntion by a sale of such assets as are necessary to be sold in order to discharge the clty°s said liens. Hr, Yaldrop moved to ache the matter under consideration for ,Be meeh. The notion was seconded by Hr. Hanes end adopted. WATER DEPART#£NT: Council et its meeting of April 4, 1955, having referred to n committee consisting of Hessrs. Arthur S. Owens, Chairman. Roy L. Webber. John B. Wcldrop, Harry R. Yntes, Randolph G. Whittle nnd O. H. Ruston n comnnulention from Mr. H. E. Petty, requesting mater service to a proposed subdivision of his property on the west side of Secondary Route No. 601, approximately one mile south of Route 11. the committee submitted its report, stating that it is of the opinion that the reqoest is contrary to existing Ordinances and Rules and Regulations covering the operations of the Water Department and advising that it cannot recommend any exception to those rules. Hr. Young moved to concur in the report of the committee and deny the request. The motion was seconded by Hr. Davies and adopted. WATER DEPARTRENT: Council at its meeting of April 4. 19SS, having referred to a committee consisting of messrs. Arthur S. Owens. Chairman, H. Cletus Hroyles, Randolph G. Whittle. Harry R. Yarns, Charles E. Ho,re, Boy L. Webber and Mailer L. Young a request from the Engineer ia Charge of Construction of the Water Department for the establishment of 9augln9 stations for the purpose of evaluating certain streams to determine the next best economic step In supplementing the present sources of water supply, the committee submitted its report, stating that in view of present and projected studies being made and to be made by the federal and state 9overnnents, it recommends against the establishment of the gauging stations, believing that the federal and state governments can accomplish the project more efficiently on a long range plan than can a locality. Mr. Waldrop moved to concur in the report of the committee. The notion was seconded by Mr. Hanes and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE OF PROPERTY-TRAFFIC: Ordinance No. 12384, authorizing and directing that condemnation proceedings be instituted to acquire, for and on behalf of the City of Roanoke. the fee simple title to certain real estate situate in the City of Roanoke, at the intersection of Sherwood Avenue and Brandon Avenue. S. W.. to be used for street purposes, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Hanes offering the following for its second reading and final adoption: (~12384) AN ORDINANCE authorizing and directing that condemnation proceedings be instituted to acquire, for and on behalf of the City of Roanoke, the fee simple title to certain real estate situate in the City of Roanoke, at the intersection of Sherwood and Brandon Avenues, S. W., to be used for street purposes in widening'the intersection of the aforesaid Avenues. {For full text of Ordinance, see Ordinance Book NO. 20, Page 438.) Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by #r. Davies and adopted by the following vote: 253 AY~S~ Council members Davies, Hanes, Waldrop, Webber, Y,aug, and the President, Mr. Woody ................... 6. HAYS: None ..................... O. (Mrs. Pickett absent) In this connection, Mr. Young stated that if the intersection of Drandon Avenoe and Sherwood Avenue, S. W** is widened it will be necessary to secure additional land on the south side of Hrandon Avenue, S. M., at its intersection with Sherwood Avenue and Main Street, in order to provide for the proper flow of traffic on the south side of Brondon Avenue, and moved to instruct the City Manager to Investigate the matter, contact the property owner and report his recommendations to Council. The motion was seconded by Mr. Maldrop and adopted. MOTIONS AND MISCELLANEOUS BUSINESS: PENSIONS: The City Clerk reported that the term of office of Mr. Geoffrey D. Martin as a member of the Hoard of Trustees of the Employees' Retirement System of the City of Roanoke will expire June 30, 1955. Mr. Mebber moved that Council appoint a Hoard member to fill the vacancy at its meeting on June 27, 1955. The motion was seconded by Mr. Young and adopted. SCHOOL BOARD: The City Clerk reported that the terms of office of John B. Thornton, Jr., Mr. B. Q,cumin Bite and the Reverend Gordon L. Keller as menbersof the Roanoke City School Board will expire June 30, 1955. Mr. Mebber moved that Council appoint Board members to fill such vacancies at its meeting on June 27, 1955. The motion was seconded by Mr. Young end adopted. There being no further business, Council adjourned. APPROVED Clerk J ~Pr~-~nt~ COUNCIL. SPECIAL MEETING, Teesdayo May IT, 1955. The Council or the City of Roanoke met in special meeting in the Council Chamber ia the Municipal Building. Tuesday, May 17, 1955, at 7:30 o*clocR, p, m** with the President, Mr, Moody, presiding. PRESENT: Council members Davies, Banes, Maldrop, Webber, and the President, Mr. Moody ...................... S. ARSENT: Council members Pickett nod Young ............ 2. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, and Mr. J, Robert Thomas, City Clerk. The meeting was opened with a prayer by Mr. Arthor S. Owens, City Manager. BUSES: The Mayor announced that the meeting had been called by action of Council at its meeting of April 25,' 1955, for the purpose of holding a public hearing on the question of revising the fare structure of the Roanoke Rallmay and Electric Company and the Safety Motor Transit Corporation. Mr. Leonard G. M,se, Attorney for the Roanoke Railway and Electric Company and the Safety Motor Transit Corporation, appeared before Council and stated that the Company proposes to revise its fare structure to provide for an adult cash fare of $.15, four tokens for $.55, a $2.00 weekly pass, $.05 cash fare for school children and free transfers. Mr. Davis Marshall, Chief Accountant of the Companies, was presented and explained the Companies' financial operations in detail, using the Companies* tatements as filed with Council at its meeting of April 25, 1955. Also present for the Companies and in support of their application, appeared Er. Claude A. Jessup, President of the Companies, and Mr. R. D. Cassell, General Manager. Mr. F. D. Merricks, a resident of the city, appeared in support of the i Companies* request, stating that he does not see how the Companies can~ntinue to i/operate unless the fare structure produces a profitable operation. / i/ Mr. J. S. Kelley, a resident of the S. E. section, stated that he is in tfavor of the Companies receiving the requested fare structure in view of their fiuancial statements, but that he feels better service could and should be provided by the Companies. Mr. Frank Burner appeared before Council and stated that he feels the increased fare structure will drive riders from the bus lines and suggested a $.10 flat fare rate with three tokens for $.25 on Sundays, Mr. Darner voicing the opinion that the Companies should institute a program designed to induce people to ride on the bases. No other persons appearing before the body, Mr. Mebber moved to tahe the matter under consideration. The motion was seconded by Mr. Banes and adopted. There being no further business, Council adjourned. APPR.OVED COUNCIL. REGULAR MEETING. Moodny, Mny 23, 1955, The Council of the City or Roanoke met in regular meeting in the Council Chamber la the Municipal Building, Monday, May 23, 1955, et 2:00 o'clock, p, m** the regular meeting hour, with the President, Mr. Moody, presiding. pRESENT: Council members Davies, Hanes, Pickett, Waldrop, Webber. Young, and the President, Mr. Woody ................. 7.. ABSENT: Hone ......................... O. OFFICERS PRESENT: Mr, Arthur S. Owens, City Manager, Br. Randolph G. Mhlttle City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend Homard C. Leming. Minister of Education, First Presbyterian Church. The Mayor welcomed the Seventh Grade Social Study Class of Hooker T. Washington Junior High School, present to observe the meeting of Council as a part ~f its studies. MINUTES: Copies or the minutes of the meetings held on Ray 12, 1955, May 16, 1955, end May 17, 1955, having been furnished each member of Council. upon notion of Mr. Davies, seconded by Mr. Hanes and adopted, the reading was dispensed with and the minutes approved as recorded. HEARINO OF CITIZENS UPON PUBLIC MATTERS: NONE. pETITIONS AND COMMUNICATIONS: SCHOOLS: A communication from the Roanoke City School Board. requesting a Joint meeting with Council for the purpose of consideringtbe school, plant needs of the city a~ such time as Council might set, and suggesting that the meeting be held in the School Hoard Room of the School Administration Hulldiog, was before the Body. '' Mr. Rebber moved to set June 10, 195S, at O:O0 o'clock, po m., in the School Board Room:of the School Administration Building, for the time and place~to meet with the School Board. The motion was seconded by Mr.,Young and adopted. : ZONING: A petition from Messrs. John W. McCoy and L. L. Rush, requesting that a S, ll. acre tract of land, Official Tax No. 1610205, located on Brandon Avenue. S. M., near the western corporate limit, be.rezoned from General Residence District to Business District, in order that a shopping center might be established thereon,.was,before Council. , , ' In.this connection, Mr. Philip H,.Elliott, 2763 Derwent Drive, S. appeared~before Council:in opposition to the request for rezonlng. Mr. Hanes moved to.refer the.petition, to~theCity Planning Commission for study and recommendation. The motion was seconded:by Mrs. Pickett and adopted. ZONING: A communication from aaury-L. Strauss. Stanley C, Weinberg. Elizabet ~. Weinberg and, Forest Hills Corporation. requesting that their property located on Brandou Avenue, S~ W.~ at,the west corporate limits of the City of Roanoke, Official NOS. 1620101, 1610204 and. 161020?. be rezoned from General Residence Oistrict to Business District. mas before Council. , · 255 256 Xu thin ooeneotfou, Mr. R. A. Manning, 2753 Derwent Drive, S. ~,, oppenred before Couuoil in opposition to the request row reznalng. Mrs. Pickett moved to refer the request to the City Planning Commission for study and recomuendntlono' The motion was seconded by Mr'. Mnldrop end adopted. REPORTS OF'OFFXCERS: , SE~ER CONSTRUCTION: The City Manager presented a proposal to construct u sanitary newer project to nerve approximately sixty lots In the vicinity of Mestvieu Avenue and Nest Avenue, S. M** between Nineteenth Street end Twenty- first Street, o~ an assessment basis, et an estimated cost of $130610.00, advising that the territory is now being served with septic tanhs which constitute a very bad sanitary condition. Mr. Mebber moved to instruct the City Attorney to prepare the necessary Ordinance, providing for the project and appointing a Board consisting of Ressrs. Arthur S. Owens, J. Robert Thomas and John L. Mentwortb for the purpose of conducting the necessary public hearing In connection therewith. The motion was seconded by Mr. Yonng and adopted. CITY PHYSICIAN: The City Manager presented a written report from the City iPhyslcian for the month of April, 1955, showing 567 office calls, hOB prescriptions frilled and 253 treatments given, as compared with 669 office calls, 709 prescription !{filled and 263 treatments given for the month of April, 19S4. The report was filed. ALMSHOUSE: The City Manager presented a written report from the Almshouse for the month of April, 1955, showing a total expense of $2,7b1,13. as compared with a total expense of $2,496.40 for the mouth of April, 1954, The report was filed. REPORTS: The City Manager presented written reports from the Department of Parks and Recreation, Health Department, Police Department and Roanoke Public Library for the month of April, 1955. The reportsmere filed, In this connection. Mr. Young moved to instruct the City Manager to investigate the question of inspecting meats sold in the City of Roanoke in relatiom to recent legislation adopted by the Commonwealth of Virginia and to report his recommendations to Council. The motion was seconded by Mr. Hanes and adopted. REPORTS OF COMMXTTEES: NONE. UNFINISHED BUSIHESS: MATER DEPARTMENT: Bids for the construction of a 12-inch uater main and accessories in Shenandoah Avenue, N. M., from Thirty-sixth Street to the General Electric Plant site. having been received by Council at its meeting of May 16, 1955, and referred to a committee consisting of ~essrs. Arthur S, Owens, Chairman, Herbert A. Davies, Harry R. YaWns and Charles £. Moore for tabulation, the committee reported that the bid Of i. S..Nudgins, Joe Hudgins and Claude Pace, Jr., in the amount of $13,gTg.00. is low bid, other bids received being Pioneer Construction Company, Incorporated, $17,826.35; Corer Construction Company, Incorporated, $16,656.00; Aaron J. Conner, $19,192.00; and Tipton Constrnction Company, $20,945.00. Mr. Hanes moved to file the report of the committee and offered the followln Resolution: 257 (a12395) A RESOLUTION accepting the proposal of M. S. Hudgins for the laying of 10,850 feet of 12" main and nccessorles$ authorizing and directing the City Manager to execute the requisite contracts and providing rot an emergency. (For full text of Resolution, see Ordiennce Hook No. 20, Page 442,) Hr. Hanes moved the adoption or the Resolution. The motion vas seconded by Mr. Naldrop and adopted by the following vote: AYES: Council members Davies, Banes. Pichett, Raldrop, Rebber, Young, and the President, Hr. Moody .................. 7. NAYS: Hoae ........................ O. RAHER FIELD : A comlittee report on the request of Br. tern! Schneider that the City of Roanohe cancel a lien for approximately $000.00 against Roanoke Haseball, Incorporated, in order that said corporation might be dissolved, having been laid over from the meeting of Ray Ia, 1955, was again before Council. The City Attorney reported that an examination has been nude of the Judgmen records in the office of the Clerk of the Hustings Court of the City of Roanoke on May 17, 1955, at which time four unreleased Judgments and claims appeared of record against Roanoke Baseball, Incorporated. , Mr. Hanes moved that the matter be referred to a committee consisting of Ressrs. RoyL. Nebber, Chairman, A£thuF S. Owens nnd Randolph O. Mhlttle for study of the volue Of the capital improvements said corporation has made to the freehold which have not been liquidated under the terms or the lease contract and subsequently bate become property of the City of Roanoke and toiavestigate the entire matter to determine if some method of settlement can be worked out and submit Its recommendations to Council. The motion mas seconded by Mr. Young and adopted. ZONING-SETBACK LINES: A recommendation of the City Planning Co=mission that a 20-foot setback line be established on the east side of Country Club Drive, N. N., for a depth of 400 feet from Melrose Avenue along the west boundary of Official Lot No. 2660501. in the event said property mas rezoned for business. having been l~id over from the meeting of April 11, 1955. pending action on the rezoning of the property along Melrose Avenue. the matter was a~ahbefore Council. Mr. Richard T. Edwards appeared before Council as Attorney for the Reverend Peter BabEl, owner of the property, and suggested that the setback line be established for the entire length of the street rather than for only 400 feet. Hr. Young moved to hold a public hearing on the question of establishing a 20-foot setback line on the east side of Country Club Drive, N. M., from Melrose Avenue along the mast boundary line of Official Lot No. 2660501 to the property of the Roanoke Country Club. at 2:00 o'clock, p~m., June 20, 1955, in the Council Chamber. The motion was seconded by Mr. Nebber and adopted. COnSIDERATION'OF CLAIMS: NONE~ ' INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: HATER DEPARTMENT: Council at its meeting of Ray 16. 1955. having directed the preparation of an Ordinance to amend and reordain Sections 3, 6 and 17, of Article IVi Boating, of the Carvins Cove Recreation Ordinance, Mr. lebber offered the following emergency Ordinance: 258 ~(xI2396),AH.ORDINANCH*to ouendond~reordeln Se,ti.ns go:6 nxd IT or. Article IV. BOATING,.of the,Carries Cove Recreotloo. Ordieaocol. and'proridlng for,an emergeno: ~.(For*full text or. Ordionnce, see~Ordinunee B.oh No.~20, Page 443.) Mr.~Mebber'moved. the,odoptiooof, the Ordilnnce. ~Theuotioo was seconded by Mr. Hanes and od,pied by.the f,Il,wing vote: AYRS: Council members Davies,.Hnnes, Plckett,,Maldropt Webber, Young, nad the President, Mr. Moody ................. ?, NAYS: None ...................... O. .. PARRS AND PLAYGROUNDS: Council at Its meeting of May 16, 1955~ having directed the, preparation of a Resolution. accepting the proposal of Charles L. Price for the. concession and~suimmingpool'prlvileges in Washington Park, Mr. Davie~ offered-the.f. Il,wOof Resolution: (z12397) A g£SOLOTlON, accepting~the proposal of Charles L..Price for the concession and swimming puol~prlvileges In Washington. Purh;.authorizing the City Manager to execute the requisite contract; and providing for an,emergency. (For full text.of Resolution. see Ordinance D,oh No.~20, Page 444.) Mr. Davies moved the adoption o! the Resolution. The motion was seconded by Mr. Waldrop and adopted by the following rote: AYES: Council members Davies, Hanes. Pichett, Waldrop, Webber~ Young. and the President, Mr. Moody .................. ?. NAYS: None ........................ O. ZONING: Council at its meetlng'of May 16, 1955. having concurred in the recommendation of the City Planning Commission for the establishment of business areas along Melrose Avenue. N. M** between Lafayette Boulevard and Peters Creek. and havicg directed the preparation of Ordinances carrying out the recommendation of the City Planning Commission. and in addition, an Ordinance to rezone the property of Dr. J. M. Simmerman on the north side of Melrose Avenue. s. M.. between Crescent Street and Lafayette Boulevard. Mr. Young moved that the following Ordinance be placed upon its first reading: (~12398) AN ORDINANCE to amend and reenact Article I0 Section 1. of Chapter 51 of the Code of the City of Roanoke. Virginia. in relation to Zoning. WREREAS. application has been made to the Council of the City of R,an,he to have property located on the north side of Melrose Avenue. N. W.. between Crescent 5treat and Lafayette Boulevard including Lots 16. 17. and the southerly portion of 23. Section 10. Villa Heights Map. designated on Sheet 243 of the Zoning Map Official No. 2431715. together with any adjacent portion of the alley closed by Ordinance 7732. January 24. 1944. which may have attached thereto, rezoned from General Residence District to Business District. and WHEREAS. notice required by Article XI. Section 43. of Chapter 51 of the Code of the City of R,an,Re0 Virginia. relating to Zoning. has been published in 'The Roanoke M,rid-News*. a newspaper published in the City of R,an,he. for the time required by said section, and #HEREAS. the hearing as provided for in said notice published In the said newspaper was given on the 12th day of May. 1955. at 6:00 ,*clock p. m.. before the Council of the'City of R,an,he in the Council Room ia the Mnnicipal Duilding.* at which hearing no objections were presented by property owners and other interested parties in the affected area. and 259 .HREREAS, this Council, crtercccslderlcg the application for fez,ming, is of the opinion that the above tract of Icad should be rezoced cs reqoested. THEREFORE. B£ IT ORBAIHED by the Council of the Clt! or Roanoke that Article I, Section 10 of Chapter SI.cf the Code of the City or Roanoke, Virginia, relztleg lo Zoning, be amended and reenacted in the f,Il,ming particular cod Property located on the north side of Heir,se Avenue, N. N., betmeea Crescent Street end Lafayette Boulevard, including Lots 16, 17, and the southerly portion of 23, Section 10, Villa Heights Rap, designated on Sheet 243 of the Zoning Hop us Official Ho. 2431715, together with any adjacent portion of the alley closed by ordinance 7732. January 24, 1944, which may have attached thereto, be and is hereby changed from General Residence District to Business District, and the Map herein referred to shall be changed in this respect. The motion was seconded by Mr, Davies and adopted by the f,Il,ming vote: AYES: Council members Davies, Ilanes, Pichett, Haldrop, Mebber, Young, and the President, Mr. Moody .... NAYS: None ................................ O. Mr. Yaldrop then moved thatthe following Ordinance be placed upon its first reading: . (z12399) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. MBEREAS, application has been made to the Councilor the City of Roanoke to have property l,cat*don Melrose Avenue, N. W,, and.being that portion of Official Tax Lot No. 2761701, situated on the South side of Melrose Avenue, H. M., hounded on the East by Washinton Heights. on the Rest by Peters Creek and on the South by a line through said lot measured 500 feet from and parallel to the present south line of said Avenue,~rezoned from General Residence and Special Residence District to Business District, and RBRREAS, the City Planning Commission has recommended that the above property be rezonedfronGeneral;Residence and Special Residence Dlstrictto Husiness~Dlstrlct as:requested, and NBEREAS. notice required by Article II. Section 43, of Chapter 51 of the Code of the City:of Roonokei VJrginia,:relating to Zoning,:has been published in "The Roanoke #orld-News?~ a newspaper published in the City of Roanoke, for the · WHEREA$,*the hearing as provided for in.said notice published in the said newspaper was:given on the 12th day of Way, 1955~ at 8:00 o'clock,.p.m., before-~the.Council or, the city of Roanoke in the Council.Room In the Municipal Building, at which~heariag no objections were.presented,by,property-owners and other interested parties in the affected area, and 'HHEREAS, this Council, after considering the application for fez,ming, is of the opinion that the-.above property'shonld.be-rezoned as requested. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Article I, Sectionlo of Chapter-51 of the~Codeof the City of.Roanoke,.Vlrginia, relating toZoning~ be-.amendedand reenacted In,the follomicgparticulnr and.no 260 Property located, on Melrose. Arcane beleg that portion of Officlol Tax Lot Ho. 2761701, oltuoted'oa, the~Soeth side of Melrose Avenue, W. M., bounded oe the East by Moshietoe Heights, on,the,Mesa by;Peters. Creek cod on the South by o lice through seid~lot:meosured,flO0 feet frou nnd parallel to the preseet south line of said Avenue, he, ond is hereby changed from Geeernl~Residence and, Special Residence District to Dusieess District. and the Zoning Mop herein referred to shall be changed in this respect. · · ~.~ ~ The motion won seconded by Mrs.,Pickett Bad adopted by the follouing vote: AYES: Councllmembers Davies, Danes, Pickett, Maldrop, Mebber, Young. and the President, Mr. Moody ..................... 7. NAYS: None ........................... O. Mrs. Pickettthen moved that the foil*wing Ordinance be placed upon its first readieg: (a12400) AN ORDINANCE to amend and re-enact Article I, Section I of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. RDEREAS, application has been made to the Conncil of Roanoke tn have property located on Lots 1, 2, 3, 4, 5, 6, 7 and 8, according to the Map of D. H. Markley including Tracts A and B therein of property surveyed for C. R. Milliams and Brenda D. Williams, which property ia on the south side of Melrose Avenue and extends along Melrose Avenue from a point at its intersection with the westerly boundary of the Fairview Cemetery,Corporation 1.026.11 feet to a point on the western boundary line of the property of the Trustees of Mt. Olivet Methodist Church and running back from Melrose Avenue the depth of the lots to the line of the Fairviee Cemetery Corporation, res*ned from General Residence District to Business District; aod MHEREAS, the City Planning Commission has recommended that the above property be rezoned from General Residence District to Business District as requested; and NREREAS, notice required by Article II, Section 43, of Chapter 51 of the Code of the City of Roanoke, relating to Zoning, has been published in #The Roanoke World-NewsWo a newspaper published in the City of Roan*ia for the time required by said section; and MHEREAS, the hearing, provided for in said notice published in the said newspaper was held on the 12th day of iay,,lg55, at 8:00 o'clocR p. m.. before the Council of the City of Roanoke In the Council Room in the Municipal Building. at mhich hearing evidence both for and against said fez*ming was presented hy property owners and other interested parties In the affected area; and RItEREAS, this Council, after considering the application for res*ming, Is of the opinion that the above property should be fez*ned as requested; THEREFORE. BE IT ORDAINED by the Couecll of the City of Roan*he that Article I. Section i of Chapter S1 of the Code of the City of Roanoke, relating to Zoning, be.amended and re-enacted in the following particular and no other, viz: Property located on the south side of Melrose Avenue between the westerly boundary line of the property of the Fairviem Cemetery Corporation and the westerly boundary line of the property of the Trustees of Mt. Olivet Methodist 261 Church designated au Lots 1, 2, 3, 4, 5, 6, ? aid 9 ou the Map or Do Do Darnley lcolmdiug therein Tracts A and D of the property surveyed rot c. R. and Brenda D. Nllliows/ running bnc~ from #elrose Aveano the depth or the lots to the b0uudary line or the property or the Fairview Cemetery Corporation which lots bear the official number 2660410. 2660411. 2660412, 2660413, 2660414, 2660415, 2660416. 2660417, 2660418. 2660419, be, and is hereby changed from General Residence District to Business District, and the Zoning Hap herein referred to shall be changed fa this respect. The motion was seconded by Dr. Danes and adopted by the following vote: AYES: Council members Danes, Pichett, Webber, Young, and the President, #r. Woody ......................... DAYS: Council members Davies and Wnldrop ............... 2. Hr. Davies then moved that the following Ordinance be placed upon its first reading: (n12401) AN ORDINANCE to amend and reecact Article I, Section 10 of Chapter SI, of the Code of the City of Roanoheo Virginia, in relation to Zoning, HD£REAS, application has been made to theCouncll of the City of Roanohe to have property located on the north side of Relrose Avenue, H. W,. west of Comer Street, described as Lots I through 11, inclusive, of Dlock 1, of the West Park Addition, and tmo adJoluinptracta of 0.368 acre and 0.16 acre rezoned from Special Residence District and General Residence District to Business District, and · WDEREAS, the City Planning Commission has recommended that the above property be rezoned.fromSpecial Residence District andGeneral Residence District to Business District as requested, and ~WDEREAS. notice requiredby Article XI, Section 43. of Chapter 51, of the Code of theCltyof Roanohe, Virginia, relatingto Zoning, has been published in · The Roanoke Dorld-NemsM, a newspaper published in the City of Roanohe, for the time required by said section, and MHEREAS. the hearing as provided for in said notice published in the said newspaperwas held on the 12th day of Day, 1955. at 8:00 o'clock, p. m., before the Councilof~theCity of Roanoke, in the Council Room.in the Municipal Building, at which hearing no objections were presented by property owners and other interested partiesin the affected area, and. WHEREAS.,this Council, after considering the application for rezoning,is of the:opinion that the above property should:be resoned asrequested.: THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Article I,~Section l,~of Chapter 51, of the.Code.of the City,of Roanoke, Virginia. relating to Zoning, be amended and reenacted in'the following particular,and~no Property, located on the north side of Melrose Avenue, N. Wo~ bounded on the north by Virginia Avenue, on:the:east by~Comer Street, on,the~south by Delrose Avenue, and on the west by the Ratrougb Tract of 5.31 acres (Official number 2760g01), which said property is that presently belonging to R. B. Cassell and/or his wlfe,~Leahvanna Cassell. and.is all:set'forth on that map designated as Sheet number 276 of the.ZantngMap of the.City of Doanoke, described as a 0.368,acre 262 traot,~Of£inial lumber. 2?62001, and Lots 1, 2, and~3, 51nok~l,~ Nest Park Addition, Official Humber 2?61104, Lot 4, Dloek 1, lest Park Addition, Official Humber 2761105, and Lot 5, Block'l, lest Park Additlon,..Offlolal lumber..2761106, be, nnd is hereby ~changed from Special Residence Distrlctto Business DictrlctJ aid property described as a 0.16 acre parcel on the south aide of Virginia Avenue, official Humber 2761001, and Lots 6, 7, O and 9, Olock 1', Nest Park Addition.- Official Number 2761102, and Lots 10 nnd '11. Block 1. lest Perk Addition. Official Number 2761103, be. and is hereby changed from General Residence District to Business District, and the Zoning Nap herein referred to shall be changed in The motion mas seconded b7 Hr. Hanes and adopted by the folloming vote: NAYS: None ............................ O. Mr. Rebber then moved that the following Ordinance be placed upon its first reading: (u12402) AN ORDINANCE to amend and re-enact Article I. Section 1, of Chapter 51 of the Code of the City of Roanoke. Virginia. in relation to Zoning. RHEREAS. application has been made to the Council of the City of Roanoke also the remaining triangular portion of the lot bearing official Number 2660505. being the southern 400 feet of Lots bearing Official Numbers 2660501. 2660202. and 2660503 measured as aforesaid, and all of Lot No. 2660505. rezoaed from Code of the Cit! of Roanoke. relating to Zoning. has been published in 'The RHEREAS. the hearing, provided for in said notice published in the said newspaper was held on the 12th da! of MaT. 1955 at 8:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Room in the Municipal Building, THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Art~le I, Section 1, of Chapter 51 of the Code Of the City of Roanoke, relating to '263 sad extending therefrom easterly along th, north side of Melrose Avenue a disteuce or 562,17 feet to the wentdrly boundary of Viermoat Subdivision, uad extending ia depth northerly Prow Melrose Avenue, u distance of 400 feet, measured ut right angles Prom the northern line or Melrose Avenae end parallel ulth Melrose Avenue,~end also the remaining triangular portion of the lot bearing nfficiel~ member 2660505,.bordering ~n Olivet Street and the westerly boundary of ¥iemuont Subdivision; being the southern 400 reef or Lots bearing Official Humbers 2660501, 2660~02. and 2660503 measured as aforesaid, and all of Lot No. 2660505, be, and the same are hereby changed from General Residence District to Hnsiness Dfstrfct,'aad that the Zoning Map herein referred to shall be cheeped in tbJn respect. In this connection, Rt. G. F. Car£ appeared before Council and staled that adoption of this Ordinance would extend a Puniness District to the projected line of Olivet Street, on which his home faces, and requested that the business area be limited to a line parallel to and measured at Fight angles from Relrose Avenue for a depth ar 265 feet. The motion cf Mr. Webber mas seconded by MFS; Pickett ned adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ........................ NAYS: None ........... ~ .................. O. ROTIONS AND MISCELLANEOUS BUSINESS: BUDGET-PARKS AND PLAYGROUNDS: The City manager stated:that the Director of the Deportment of Parks and Recreation has been using his personal funds for a change, making fund at the Childrents Zoo on WillMountain and requestedthat a petty cash fund for the purpose of making change at the Children's Zoo be established for the Department of Parks and Recreation,.ln the amount of $50.00. Hr. Hanes moved to concur in the request of the City manager and offered the following emergency Ordinance: (n12403) AN ORDIHAHCE to establish a petty cash fund of $$0.00 for the Department of Parks and Recreation of the City of Roanoke; appropriating the necessary funds; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 20. Page 445.) Mr. Hanes moved the adoption cf the Ordinance. The motion mas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Hebber, Young. and the President, Mr. Woody .................... 7. HAYS: None .......................... O. BUDGET-COMPENSATION BOARD: Council at its meeting of March 28, 1955, having taken under consideration the qeestiou of additional appropriations for the year 1955 for the constitutional offices which would be required to meet the awards of the State Compensation Board, as amended by the Hustings Court of the City of Roanoke, Mr. Young moved to instruct the City Attorney to prepare an Ordinance appropriating sufficient funds to comply with the amards Of the State Compensation Board, as amended by the Hustings Court of the City of Roanoke, for the offices of the City Treasurer, Commonwealth Attorney and City Sergeant, including equipment, the salaries to be prorated from and effective on July 1, 1955. 264 ,. #r..Webber then offered ~e substitute not,on to lnstrncL the City Attorney to prepare au .Ordinance .appropriating surrlciemt runds~to .Beet the euards or the State Compensation Board, as amended by the Bastings Court or the City or Roanoke, and providing for a rive per cent.increase to al! municipal employees, including the constitutional orriceso the School Board, #uter Oepartuent and Sewage Treatment Department, uith the exception of those employees in the .constitutional offices whose salaries had been increased by the State Compensation Board in its awards and the amendment thereto by the Bustings Court or. the City of Roanohe, said Ordinance to he retroactive to and effective on January 1, 1955. The notion uss seconded by Hr. Haldrop. HFo Naldrop then offered a substitute motion to tahe the matter under advisement until the City Auditor could prepare and report ~o Council a statement of the cost involved in both of the above notions. The motion was seconded by Hro Hebber and defeated by .the following vote: AYES: Council members Haldrop, Hebber. and the President. Mr. ¥oody .... -3. NAYS: Council members Davies, Banes. Pickett and Young ................. 4. The vote was then taken on the substitute notion of Hr. Hebber and the motion was defeated by the following vote: AYES: Council members Haldrop, Hebher, and the President, ~r. Hoody .... -3. NAYS: Council members Davies. Banes, Pickett and Young .................. 4. The vote was then taken on the motion of ar. Young and the motion was defeated by the following vote: AYES: Council members Danes. Pickett, and Young ............. 3. NAYS: Council members Davies. Haldrop, Webber. and the President, Br. Woody .................. 4. ?here being no further bnsJneSso Council adjourned. APPROVEB Clerk 265 COUNCIL. REGULAR MEETING. Tuesday, May 31, 1955. The Council of the City of Bosnohe Bet in regular meeting in the Council Chamber in the Municipal Building. Tuesday, May 31, 1955, ut 2:00 o'clock, p. the regular meeting hour, with the President, Mr. #oody, presiding. PRESENT: Council members Davies. Banes, Pickett. Mebber, Young, and the President. Mr, Moody ...................... 6. ABSENT: Mr. Maldrop ............... 1. OFFICERS PRESENT: Mr. Arthur S. Omens. City Manager. Mr. James N. Kincnnon. Assistant City Attorney. Mr. Harry R. Yarns. City Auditor. and Hr. J. Robert Thomas. City Clerk. The meeting mas opened with a prayer by Hr. Leigh B. Banes, Jr. mINUTES: Copy of the minutes of the regular meeting held on Monday. May 23, i955, having been furnished each member of Council. upon motion of Mr. Young. seconded by Mr. Davies and adopted, the reading mas dispensed with and the minutes approved as recorded. · . HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMYUNICATIONS: . : ~ ~- ~ SCHOOLS: A communication from J. K. Parker, Innorporated~ advising that they are engaged in the development of low cost pevmanenttype school buildings and enclosing a brochure Showing-some of.the work they have done in this area, mas before Council. Mr. #ebber movedto refer the communication to the Roanoke City School Board for its information and consideration, The motion was seconded by Mr. Danes before Council. ~ for its:consideration aiong mith.a parallel petition from.the County of:Roanoke 266 sign on a new building now under constructiou at 20 Church Avenue° S. N,o by Mitchell Clothing,'lucorporuted, as provided by Section 9 or the Sign Ordinnnce of the City of Roanoke, aid recommending that Council authorize the issuance of such a permit, mas before the bodf. Mr. Davies moved to instruct the City Attorney to prepare the proper Resolution, authRrizing the granting of the permit requested. The motion was seconded by Hr. Hanes and adopted. . SENER CONSTRUCTION: Council at its meeting of February 14, 1955, having received a communication from Hr. Clarence L. Poll, requesting the construction of n 1,400 foot sanitary sewer trunk line in Forest Park aoulevard, N. ¥., from Fresno Street northward to his property adjacent to the Roanoke Conntry Club, which he proposes to subdivide, at an estimated cost of $5,600.00, Hr, Poff agreeing to pay one-hair of the cost of such construction, and Council having signified its intent to construct such sewer line, if and when Hr. Poff completed his subdivision plan and had it properl! approved end recorded, Mr. Poff submitted a further comuunicatlon, advising Council that his subdivision plan was properly approved and recorded on May 20, 1955, that all sewers in his subdivision have been constructed, and requested the body to authoriae the construction of the trunk line as previously requested. Hr. Hanes moved to instruct the City Attorneyto prepare the proper Resolution, authorizing the construction of the semer line as requested by Hr. roff and providing for payment of one-half of the cost prior to construction by the petitioner. The notion w~s seconded by Mrs, Pickett and adopted. REPORTS OF OFFICERS: TAXICABS: The City Manager reported that Mr. Cleatis R. Slsson, trading as iRoanoke Cab Company, has entered into a contract of sale, subject to the provisions iof Section 6, Chapter 33, of the Roanoke City Code, for the sale of the taxicab ilbusiness known as Cleatis R. Sisson, trading as Roanoke Cab Company. to the Checker Cab Company of Virginia, Incorporated, and that the Checker Cab Company, along with Mr. 5isson. has requested the Council of the City of Roanoke to authorize the transfer of the certificate of public convenience and necessity the Checker Cab Company of Virginia, Incorporated. the City Manager advising that it is his recommendation that the request be granted. Mr. Hanes moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (~12404) AN ORDINANCE authorizing a certificate of public convenience and necessity heretofore granted Cleatis R. Sisson. trading as Roanoke Cab Company, for the operation of a maximum of four taxicabs in the City of Roanoke, to be transferred to Checker CabCompany of Virginia. Incorporated. WHEREAS. this Council, by Resolution Ho. 11996, adopted on the 2nd day of November, 1953, directed the City Manager to grant a certificate Of public convenience-and necessity to Cleatis R. Sisson, trading ns Roanoke Cab Company, for the operation in the City of Roanoke of three taxicabs io addition to the number. to-wit, one, already operated by him. making a total of four taxicabs in all; and 267 WHEMEAS, tko Checker Cab Colpcuf of Virginia, llcorporated, his catered into a contract with Clentis R. sanson for the purchase of the tczlcab business he so opero~es In the City of Sonnoke under the oforescfd certiffccte of public convenience and ~ecessity; nnd, agreeable to the provisions of Section 6, us nmecded, of Chapter 33 of the Code of the City of Ronnoke, sold c~ctrcctfcg parties have requested this Council, by ordinance, to authorize u transfer of said certificate of public convenience and necessity from Cleatis R. sanson, trading ns Roanoke Cab Company, to Checker Cab Company of Virginia, Incorporated; .. WHEREAS, this Council has received and considered a written report of an investigation made by the City Manager regarding the character and qualifications of the applicant transferee and Found its character and qualifications to be acceptable, SOW. TDER~FOR£, DE IT ORDAIX£D by the Council o! the City of Roanoke that requisite aut'horination be, and the same is hereby, grnnted unto Cleatis R. Slsson, trading ns Roanoke Cab Company, to transfer unto Checker Cab Company or Virginia, Incorporated, the c~rtificate of public convenience and necessity for the operation of a maximum of four taxicabs in the City of Roanoke that he holds pursuant to Resolution No. 11936, adopted by the Council of the City of Roanoke on tko 2nd daf of November, 1953. The motion was seconded by Mr. Davies and adopted by the following vote: AVES: Council members Davies, Danes, Pickett, Yebber, Tonng, and the President, Mr. Moody ................ 6. NAYS: None .................. O. (Mr. Haldrop absent) BDD6ET-R£AL~H D£PARTM~N?: The City Homager reported that theState Department of Dealth has agreed to supplement the dental clinics prograu of the City ~ealth Department b! a grant of $2,130.00 for the fiscal year Joly 1, 1955, through June 30, 1955, and requested that Council appropriate $1,090.00 for the last half of the 1955 calendar year, which amount will be reimbursed by the state. Hr. ~ebber uoved to concur in the recommendation of the City Ranager and offered the following emergent! Ordinance: (n12405) AN ORDINAXCE to amend and reordain Section u40, 'Realth Department", of the 1955 Appropriation Ordinance, and providing for aa emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 449.) MF. ~ebber moved the adoption of the Ordinance. The motion was seconded by MF. Young and adopted by the following vote: AVES: Council members Davies, Danes, Pickett, Hebber, Young, and the President, Mr. Woody .................... 6. ~Y$: ~one ...................... O. (Mr. W~idrop absent) SEWER COnStRUCTION: The Cit7 Manager presented a request from propert! in the area of Mountain Vfem Terrace, Berkeley Arenoe and Dudding Street, S. M., for the construction of a sanitary sewer to seFve their properties at an estimated total cost of $10,532.00, and agreeing to pay one-half of the total ~cost of the project, the City Manager recommending that Council authorize the project. 268 · Mr. Young m~ved to instruct' the City Attorney to'prepare the necessary Resolution, authorizing the project and providing for payment or one~half of the total cost of said project b7 the Property omners prior to coastructioo. The motiol was seconded by Mr. Banes end adopted. AIRPORT: The City Beringer presented a written report on the operotioe of tho Roanoke Municipal Airport for the month of April, 1955. The report mas filed. DEPARTMENT OF PUBLIC WELFARE: The City Manager presented written reports covering the expenditures and activities of the Department of Public Welfare during the month of April, 1955, in compliance with Sections 63-$?.1 and 63-67.2. Code of Virginia. The reports were filed. DEPARTMENT OF PUBLIC WELFARE: The City Manager presented a wrlttee report from the Department of Public Welfare for the month of April. 1955. showing 1.$69 cases handled at a total cost of $76,746.03, as compared with 1,592 cases handled at a total cost of $77,$63.S5 for the month of April, 1954. The report was filed. DOOS: The City Manager presented for consideration of Council an Ordinance emending Chapter 4q of tbe Roanoke City Code, relating to dogs and cats, to provide for modernization of the city*s method of handling dogs. and a request for an appropriation in the amount of $3,050.00 to provide for the Dog Warden program for the last six months of the current calendar year. Mr. Webber moved to take the matter under consideration fur one week and to instruct the City Clerk to furnish each member of Council and the Roanoke Yalley Society for the Prevention of Cruelty to Animals a copy of the proposed Ordinance. The motion was seconded by Mr. Banes and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: BUSES: The request of the Roanoke Railway and Electric Company and the Safety Motor Transit Corporation £or a change in thai are structure of the companies tn provide for adult cash fares of ISa, tokens at the rate of four for 55t, a $2.00 zeekly system pass. a school chlldren*s cash fare of 5t and free transfers, having previously been submitted to Council. and a public hearing on the question having been held on May 17. 1q55, the matter was again before the body. The Mayor advised that Mr. J. W. Hill, a resident of the Jefferson who was wobble to attend Council, has asked whether or not the bas companies have considered an arrangement with the various merchants in the downtown whereby customers of the merchants might secure trip passes uitb certain urchases from the merchants similar to the arrangement now In effect between the erchants and the parking garages. Hr. R. D. Ca$sell. General Manager of the bus companies, advised that the companies have not considered such an arrangement, but would be glad to look into the matter. Mr. Webber moved to instruct the City Attorney to prepare a proper Ordinance providing for the rate structure as requested by the two companies. The motion seconded by Mr. Young and adopted. 269 ZONING: A request from Hr. Preston O. Payae that his property located at 832 Elm Avenue, S. E., be rezoaed from Special Residence District to Business having been before Council at Its meeting Da April 4, 1955, and referred to the'City Planning Commission for study and recommendation, the City Planning Commission reported thst It will be contrary to the best interests of thp property in the immediate neighborhood to rezone the lot In question and recommended that thc request of the petitioner be denied. H~. Hebber moved to table the matter until the City Clerk can ascertain From Hr. Pnyne whether or not he desires a public hearing on the question. The notion mas seconded by Hr. Hanes and adopted. SALE OF PROPERTY-STREETS A~D ALLEYS: The City Rannger having presented to ~ouncil at its meeting of Nay 16, lg$5, an offer From the Milbur Development Corporation LO purchase n strip of land approximately 362 feet in length front hg the vest side or Ross Lone, S. H., north of Drambleton Avenue, for a price of ;SO0. O0 which Brier the City Homager recounended he accepted, and Council having ererred the matter to the City Planning Commission for study and recommendation, the City Planning Commission reported that it recommends the sale of the Strip of land on the condition that the city direct an appraisal be made of said strip of land, the final purchase price to be adjusted ~aking into consideration the requirement that tn purchaser grade Ross Lane thirty feet from the center line of the street along said land to be purchased, with proper slopes to be made on private property. Mr. G. M. Reed. Jr., Attorney for the Wilbur Development Corporation. appeared before Council and requested that the Corporposdtion not be required grade the street as recommended by the City Planning Commission since it would Pose a problem of creating a cliff along the property line of the adjoining )roperty owner with which the Corporation is unable to cope, Mr. Reed further ~equestiug that Council handle the matter as expeditiously ns possible in order to delay progress of a subdivision in the area. M~. Young moved to instruct the City Attorney to preporethe necessary )apers providing for the sale Of the land in question to the Wilbur Development ;orporatiom at a price of $500.00, reserving to the City of Roanoke the right ,f slopes ........ y for grading the street along the said property a width of ~hirty feet from the center line thereof. The motion was seconded by Mr. Webber ~od adopted[ zoHiHG: Council at Its meeting of Harch 14, lgSS, having referred to the ;lty Planning Commission for study and recommendation the request of property in the 700 block of YhtrteenthStreet, S. M., that their properties be rezoned from Special Residence District to Business District, the City Planning ~ommission reported that in Its opinion there is no need for creating an additional Business District on Thirteenth Street at this time and recommeoded that the request of the petitioners be denied. Hr. Young moved to table the matter until the City Clerk can ascertain from the property owners whether or not they desire a public hearing on the question. ~he motion was seconded by Mr. Davies and adopted. 2?0 "~Zb~lSO't Co~'i'f ~t'it'~ ~eei~h~'o~ ~a~h 2'1.~1955, ....... having referred to the Citl Pla~i'n~~ Commission f~r ~t'~d~' end ~ec~beadat~o~ Yh~ re~nea~ of pro~e~t~ owner~ o~ ~he'uest s'ide of Rllliamson Road, H. ~., betmeen Ra~eauood Avenue and Floralnnd' Dr~ve, that their ~r~p~rtl h~ r'ezo~ed from Special Residence District to De'in'ess District, the City Planning Commission reported that the greater port~o'~of ~h~ 'b'l~c'k l~stio~ no~w ~e~ng u~ed ~ar'r~'~ide~t'lal'p'~rposes, the Commission feels that there is no necessity for the r'~zo~iug'of the propeYty in qnestia~ a~ t'his time, and recommended that therequest of the petitioners be denied. Hr. C. F. Eefauver, one of th'petitioners, appeared before Council and reqnested that thb body hold a public hearing in t'he matt'er. Hr. Uebber moved to hold a public heating on the quanta'on at 2:00 o'clcch, p. n., in ~he Council Chamber. Jul7 S, 1955. The notion nas seconded bi HFS. Pichett and adopted. ZONING: Council at its meeting on Hatch 21, 1955. having referred to the City Planning Commission for study and recommendation the request of Buthrie that the eastern forty feet of Lot 14o Sectio~ 102, Relrose Land Company, on the north side of Salem Turnpike, N~ W., between TmentT-third Street and Twentl-fnurth Street, be rezoned from Ceneral Residence Oistric~ to Business District, the cit7 F~anning Commission reported that in its opinion there is no necessiW for the reroning requested and recommended that the request of the )etitioner be denied. Mr. Hanes Roved to table the matter until the cat! Clerk can ascertain from the petitioner whether or not he desires a public hearing on the question. iThe motion was seconded bi Mr. Davies and adopted. ZONING: Council at its meeting of April 4, 1955, having referred to the city Planning commission for study and recommendation the request of Mr. R. L. Perdue that his propert7 located on the northeast corner of Campbell Avenue and £ighteenth Street, S. N., be rezoned f¥om General Residence District to Business Oistrict, the Cit! Planning Conmission reported that the~ property in question being located in an industrial area the Commission feels the entire block is more suitable for industrial purposes than for residential uses and that the rezoning of it will not advers~l~ affect the nearby residential district; therefore, the Commission r~conmended the rezoning of the entire block from Ceneral Residence District to Light Industrial District. lncludin9 the following properties: Block 20, ~est End RJverview Map: Lots g.'lOo 1i and 12 (Official No. 1320413-16)o owned bi the City of Roanoke. . Lots 13 and 14 (Official No. 1320411-12), owned by Frank S. Cooper. Lots 15 and l& (Official, No. 1320409-10), owned b~ R. L. Perdue Mr. Nebber moved to hold a public hearing on the question of rezoning the block at 2:00 o'clock, p. m.o July 5, 1955, in the Council Chamber. The motion seconded bi Mr. Young and adopted. ZONING: Council at ~ts meeting of April 25. 1955. having referred to the City Planning Commission for studInnd recommendation ~he request of Br. C. Hudson that Lot 17, Exchange Building Map, located on the northwest corner of lasena Terrace 'and Twelfth Stre~t~ $. I., be resoaed from General Residence District to Specla~ Residence District. the City Planning Commission reported that two of the properties in the block are already classified as ~pe~lul Residence District and that ~·portlon of the p~opertY ~ross the street is also classified as Special Residence District, that the Commission feels the resorting of the eutire block alii not change the general residential character of the immediate neighbor- hood; therefore, the Commission recommended that the remainder of the block on the north side of ~asena Terrace and to the west or the line of Thirteenth Street, extended, be rexoned from General Residence District to Special Residence District. ar. Hanes moved to told a public hearing on the question at 2:0~ o°cloch, p. m.. July 5, 1955, in the Conncil Chamber. The notion mas seconded by Mr. Davies and adopted. STREETS AND ALLEYS: Council et its meeting of March 14, 1955o having referred to the City planning Commission for study and recommendation a request iron the owners of property on each side of Glencoe Street, S. E., between Mabry Avenue and Dlauton Avenue. that Glencoe Street be permanently vacated, discontinued and closed, and having appointed viewers to view the property and the street in question and report thereon, the City Planning Commission reported that the street has never been opened and the Commission feels that neither the interests of the adjoining property owners or the public at large will be adversely affected by vacating it; therefore, the Commission recommeuded that the request of the petitioners be granted, provided that the city will retain an easement in connection with the existing sewer line. A report of the viewers, stating that they are unanimously of the opinion that no inconvenience will result either to any individual or the public iron granting the request, was also submitted. Mr. Webber moved to hold a public hearing on the question at 2:00 o'clock, po m** July S, 19SS. in the Council Chamber. The motion was seconded by ar. Danes and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12398, rezonlng property located on t~ north side of Melrose Avenue. N. N., between Crescent Street and Lafayette Boulevard, from General Residence District to Duslness District. having previously been before Connctl for its first reading, reid and laid over. was again before the body. Mrs. Pickett offering the following for its second reading and final adoption: (x123gR) AN ORDINANCE to amend and reenact Article I. Section 1. of Chapter 51 Of the Code of the City of Roanoke, Virginia, tn relation to Zoning. (For full text of Ordinance, see Ordinance Dook No. 20, Page 445.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Danes, Pickett, Rebber, Young, and the President, Hr. ~oody .................... 6. NAYS: Noue ...................... Oo (Rr. [aldrop abseut) ZO~ING~ Ordi~a'oCe No.'I2399, re~oeleg ~ertaia propo~tl located Da thc south side of Eelrose Avenue, N.'I., in the vicinity of the mest corporate limits, from General Residence District and Special Residence 0'istrict to ~usleets District, having previoosl7 been before Coua¢il for its first r~adiog, read and laid ever, was again before the bodT, Hr. Davies offering the folloulag for Its second reading and final adoption: (nlZSVg) AM ORDINANCE to amend and reenact Article I, Section I. of Chapter $1 of the Code of the Clt7 of Eoanoke, Virginia, In relation to Zoning. (For full text or Ordinance, see Ordinance Sooh No. ZO, Page 445.) Er. Davies moved the adoptlon of the Ordinance. The motion was seconded b~ Er. Hanes and adopted b~ the following rote: AYES: Council numbers Davies. Hanes, Pickett, Webber. Young. and the President. Er. Moody ..................... NAYS: None ...................... OD (Er. Waldrop absent) ZOMING: Ordinance No. 12400. reaoning certain property located on the south side of Eelrose Avenue. N. M.. west of Fair,imm CemeterT. from General Residence District to Business District. having previously been before Council for its first reading, read and lald over. was again before the body. In this connection. Er. John E. Nllson. Attorney for Falrriew Cemetery Company. Incorporated. appeared before Council and presented a communication. protesting the rezoning of the tract of land on the south side of Melrose Avenue. M. E.. adjacent to Fairview Cemetery. to Business District. Mr. Hanes Roved to table the Ordinance until the next regular meeting of Council. in order to permit an inspection of the propert~ by members of the body. The motion mas seconded by Mr. Davies and adopted. ZONING: Ordinance No. 12401. rezoning certain property located on the north side of Melrose Avenue. N. ~.. west of Comer Street. from Special Residence District and General Residence District to Business District. having previously been before Council for its first reading, read and laid over. was ugah before the body. Er. Davies offering the following for its second reading and final adoption: (~12401) AN ORDINANCE to amend and reenact Article I. Section 1. of Chapter SI. of the Code of the City of Roanoke. Virginia. in relation to Zoning. E£. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted bI the following vote: AYES: Council members Davies. Danes. Pickett. Webber. Young. and the President. Er. Woody ................. NAYS: None ................... O. (Mr. ~aldrop absent) ZONING: Ordinance No. 12402. rezoning certain property located on the north side of Eelrose Avenue. N. N.. in the vicinitl of Country Club Drive. from General Residence District to Business District. having previousl7 been before Council for its first reading, read and laid over. mas a~ain before the body. Mrs. Pickett offering the following for its second reading and final adoption: (n12402) AN ORDINANCE to amend and re-enact Article l, Section 1, of Chapter 51 of the Code of the City or Roanoke, Virginia, in relation to Zoning, (For full text or Ordinnnce. see Ordiaence Book No, 20, Page 448.) Mrs, ~ickett moved the adoption of the Ordinnnce. The motion was seconded by Hr. rinses and adopted by the rolloming vote: AYES: Council members Devi~s, Haaes, Pickett, Nebber, Young, and the President. Hr. Roody ................... 6. NAYS: None ................ ~ .... O. (Hr. Naldcop absent} SERER CONSTRUCTION: Council at its meeting of Ray 23. 1955. having directed the City Attorney to prepare the necessary Resolution. providing for a sanitary sewer project to serve sixty lots in the vicinity of Nestview Avenue and Nest Avenue. S. R.. between Nineteenth Street and Twenty=first Street. on an assessment basis~ and appointing a committee to hold the necessary hearings in the matter. Mr. Hanes offered the following Resolution: (nlM406) A RESOLUTION creating n committee before whom abutting landowners on certain portions of Nest Avenue. Salem Avenue. Mestview Avenue and 19th Street. S. N.. may appear and be heard in favor of or against the proposed construction of sanitary sewers in and along said portions of said streets and other property, the cost of which, when the same shall have b~en ascertained by said committee, is to be assessed or apportioned between the city and said abutting landowners as provided by law; providing for notice to such abutting landowners of the hearing before said committee; end providing for an emergency. (For full text of Resolution. see Ordinance Hook No. 20. Page 4§0.) Mr. lianas moved the adoption of the Resolution. The notion was seconded by Mrs. Pickett and adopted by the following vote: AVES: Council members Davies. Hanes. Pickett, #ebber, Young, and the President, Mr. Moody ..................... NAYS: None ....................... O. (Mr. ~aldrop absent) MOTIONS AND MISCELLANEOUS BUSINESS: BRIDGES-RAHER FIELD: The Mayor s~ated that if a bridge across Roanoke Ricer. between South Roanoke Park and the Municipal Stadium, is to be ready for the Fall football season he feels consideration should be 9ivan to the matter at this time. Mr. Davies moved to instruct the City Manager to confer with the O. S. Army Corps of Engineers at Norfolk. Virginia, for the purpose of determining whether or not a surplus "Hailey bridge" can be obtained for erection at the Stadium+ The motion was seconded by Nr. Hanes and adopted. There being no further business, Council adjourned. APPROVED 244 COUNCIL, REGULAR MEETING, Monday, June 6, 1955. The Council of the City of Roanoke met in regular meeting.in the Council Chamber In the Municipal Unildlng, Monday, June 6, 1955, at 2:00 o*olccR, p, m., the regular meeting hour, ulth the President, Mr, Moody, presiding, PRESENT: Council members Unries, Names, Fickett, Uoldrop, Webber, Young, and the President, Mr. Woody ................... T, ABSENT: None ........................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhlttle, City Attorney. Mr. Harry R, Tares, City Auditor, and Mr. J. Robert Thomas, City Cloth. The meeting mas opened mith n prayer by the Reverend Do L. Heglar, Pastor of the Trinity Lutheran Church. NEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: BUDGET-ARMORY: Lieutenant Colonel S. J. Light, Chairman of the Dedication Committee for the new National Guard Armory, presented a request for an appropriation of $500.00 to cover the expense incident to the dedication of the Armory to be held September 17. 1955. Mr. Maldrop moved to concur in the request of the committee and Offered the following emergency Ordinance: (#12407) AN ORDINANCE to amend and reordain Section uGH. *Militia~. of the 1955 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20. Page 452,) Mr. Maldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council nembers Dayies. Hanes, Pickett, Waldrop, Webber, Young, and the President. Mr. Moody ................. NAYS: None ....................... O. ZONING: A petition from Charlie N. Young, requesting that the rear of his property, Official No. 4300709, located on the northwest corner of Garden City Boulevard and Yellow Mountain Road, S. E., be resorted from General Residence District to Business District, was before Council. Mr. Hanes moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Waldrop and adopted. STREET LIGHTS: A communication from the Appalachion Electric Power Company. reporting the installation of seventeen 2500 lumen street lights in the City of Roanoke during the month of May, 1955, mas before Council. The communication was filed. ZONING: A communication from Mr. J. S. Sherertz, Attorney. transmitting a petition from Home Dealers, Incorporated, J. C. Summers and Mrs. Pearle C. Davis requesting that their properties located GU Cove Bond, N. M.. mast of Lafayette Boulevard, be resorted from General Residence District to Business District, was ibefore Council. Mr. Mebber moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Davies and adopted. 275 GRADE CROSSINGS-STREETS AND ALLEYS: A communication from the City Planning ColmiseIoI, recommending that Council acquire m small tract of land at the intersection or Norfolk Avenue and Third Street, S. E., for street widening purposes, lm connection with the extension of Salem Avemne under the Jefferson Street Grade Crossing Elimination Viaduct, was before Council. Mr. Webber moved to refer the matter to the City Manager for negotiation with the Norfolk and Western Railway Company, owners of the property in question, and to report to Council. The motion was seconded by Mr. Yaldrop and adopted. REPORTS OF OFFICERS: STREET LIGDYS: The City Manager presented n recommendation rot the installation of three 2500 lumen street lights at various locations within the city. Mr. Young moved to concur in the recommendation of the City Manager and offered the following Resolution: (~12400) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For text'of:Resolution, see Ordinance Hook:No; 20. Page 453.) Ur. Young moved the adoption of the Resolution. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies. Hanes. Pickett, ~aldrop, #ebber, Young, and the President, Mr. Moody ............... NAYS: None ..................... O. The City Manager then:presented a recommendation for.installing tmeoty-five additional 6000 lumen street lights and changing twenty-seven existing 6000 lumen street lights to bracket type lights In lieu of the present center-suspended units on ~illlamsoo Road, between Orange Avenue end Oakland Boulevard; and.replacing with IO000 lumen units the eighteen existing 6000 lumen street lights on Williamson Road, between Oakland Boulevard and Hershberger Road, in order to improve the lighting conditions on Milliamson Road from its intersection with U. S. Highway Route No, 460 to the city limits. , , Mr. Young moved to concur in the recommendation of the City Manager and . offered the following Resolution:::, : .;: ~ . : '''(#1240g) A RESOLUTiON'authorizing:the installation of additional street lights, thm~changingof certain existing:street lights and the replacement of certain existing:street~lights on Milliamson Road,:betmeen OrangeAvenue and Hershberger Road. '(For full text of Resolution, see Ordinance Hook No. 20. Page 453.) Mr. Young moved the adoption of .the Resolution. The motion mas seconded by Mr. Hanes and adopted by the followingvote: AYES: Council members Davies, Hanes, Pickett,-~Waldrop, Mebber, Young, and the President, Mr. Woody .................... 7. : .... ... ,.J NAYS: None ........... ~---~ ...... ~--0. :.; . . · . STREEYS ANDALLEYS: A:petition from.Southern States Roanoke Cooperative, Incorporated, requesting permission to encroach upon the city street inconnectioc with the:construction.of.a new building andthe remodeling of its old building at the northwest cornea'of.Mountain Avenue and Fourth Street* S. K;, having.been 276: before Council ut its meeting of May 31, 1955, and referred to the City Manager for study nnd recommendation, thn CIW Mnnoger reported that nu inspection of the site indicated that the encroachment requested mould not work n hardship on the city or the public nad recommended that the request of the petitioners be granted. Mr. Webber moved to concur in the recommendation or the City #onoger and to direct the City Attorne7 to prepare the necessary Ordioence, authorizing the encroachment requested. The Ballon mas seconded by Mr. Hanes and adopted. BUDGET-ROANOKE PUBLIC LIBRARY: The City Manager advised that n three-year premium in the amount of $421.96, covering on insurance policy on valuable papers in the Roanohe Psblic Library. is due, and that through an oversight, necessary funds were not carried in the 1955 budget, therefore, on appropriation will be necessary to pay the premium. Mr. Hanes moved to table the matter until the meeting of June 20, 1955, and to request the City Manager and the City Auditor to stody the insurance policy with reference to Its coverage and to report thereon. The motion was seconded by Mr. Davies and adopted. BUDUET-MAHER FIELD: The City Manager requested an appropriation of $157.24 to pay for the rental of a transformer from the Appalachian Electric Power Company at the baseball park in Maher Field for the period from May 1, 1955, to May 1, 195b~ Mr. Young moved to refer the matter to the City Manager to investigate the cost of purchasing and installing a transformer for the ball park In order to eliminate the rental charge and to report his recommendations to Council. The motion was seconded by Mrs. Pickett and adopted. BUDGET-SIDEWALK, CURB AND GUTTER CONSTRUCTION: The City Manager reported that numerous deposits for the construction of sidewalk, curb and gutter have been made on projects which will not be constructed during the year, principally for the reason that property owners have not deposited the necessary seventy-five per cent of the projects, and that insufficient funds are contained in the 1955 budget to make the necessary refunds, the City Manager recommending an appropriation of $2.500,00 for this purpose. Mr, Hanes moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~12410) AN ORDINANCE to amend and reordain Section ~154, "Refunds and Rebates*, of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 20, Page 454,) Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by Mr. Maldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber. Young, and the President, Mr. Moody---~ ............. ?. NAYS: None ....................... O. REPORTS OF COMMITTEES: NONE. : UNFINISHED OUSINESS: ZONING: The City Planning Commission having reported to Council at its meeting of May 31, 1955. that it recommends the denial of a request of Mr. M. L. Guthrte that his property located on the north side of Salem Turnpihe, N. M** between Twenty-third Street and Twenty-fourth Street, be rezoued from General Residence District to Easiness District, at mhicb time Coanctl direct'ed the City 277 Clerk to ascertain whether or not Mr. Gathrle uo~ld like a public hearing on the question, the City Clerk reported that Mr. Guthrle has advised that he does not desire a public hearing. Mr. Davies then moved to concur in the recommendation of the Cl~y Planning Commission and deny the request. The motion was seconded by Mr, Hanes and adopted, DOGS: Council at its meeting of May 31. 1955, having tabled a request of the City Hauager for the adoption of an amendment to the City Code to provide for modernization of the dog program In the City of Hosnoke and a request for an appropriation of $3,850.00 to implement the dog program roe the last six months of the calendar year, tho matter mas again before the body. The City Manager advised that Mr. Paul D. Matthews, Executive Officer of Roanoke County, has suggested that it might be well for the City of Roanoke and the County of Roanoke to have parallel lams governing the handling of dogs and a cooperative program implementing such laws. Mrs. Charles W. Thomas. President of the Roanoke Valley Chapter of the Society for the Prevention of Croelty to Animals, appeared before Council and suggested that a county-city cooperative plan be looked into, Mrs. Thomas further advising that her organization mill cooperate mith the city in the dog program. Mr. Hanes then moved that Council concur in the recommendations of the City Manager and that the following Ordinance be placed upon its first reading: (s12411) AN ORDINANC£ amending Chapter 49 of the Code Of the City of Roanoke. relating tn dogs and cats, by adding new sections relating to the disposition of impounded d6gs and the appointment of a City dog warden. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that Chapter 49 of the Code of the City of Roanoke. relating to dogs and cats, be. and It Is hereby, amended by the addition of two new sections to read and provide ns folloms: Sec. 10. Every dog impounded under the provisions of this chapter except upon suspicion of being infected with rabies shall be kept and disposed of as follows: (a) If the owner of such dog be known and such owner appear within 5 days and claim the same, such dog shall be delivered to such owner upon proof of payment of any required license tax On such dog and payment to the City of tho expense of impounding and keeping said dog at the rate of $1.00 per day; or (b) If the owner of such do9 be unknown to the Dog ~arden and no person claim said dog, as owner, within 5 days. the Dog ~aeden may deliver such dog to any person or agency in the City who mill pay the required license tax on such dog and mill pay to the City the expense of impounding and keeping said dog at the rate of $1.00 per day. aforesaid, mlth the uuderstanding, homever, that should the legal owner thereafter claim the dog and prove his omnership, he may recover such dog by paying to the person to whom it mas delivered by the Dog Warden the amount of all charges paid by such person under this section together with a reasonable charge for the keep of the dog mhile in his possession. 278 (c) If nar nnnh dog be tot disposed of under paragraph fa) er paragraph (b). suprn, within 5 days of the lupoundlng of'~uoh'dog, it shell be the dull of the 6o~' '~: ~*' '~':' :':~:~ :: :~ ~,t.' .~: ~:1. ~. ~t~ ,:. 3. .. Warden to dispose of such dog by killing. Sec. 11. The City Neneger shall designete a member ~0r'the'p~il~ f~rce to be theme as the Citl Dog Warden, mho~e'specful du~y it ~holi b~ tn eufnrce ~be'pro~l~ons of this chapter ~nd ~ b~ in charge of the operation of the City The motion mas seconded by Ur. Ualdrop and ~p~d ~'th~'f~lioulug vote: AYES: Council members Davies. Hanes, Pickett. Maldrop, Mebber, Young, and the President. N~'MUo~-~-~L~-£L~--~-~LL?.' NAYS: None .............................. O. Ur. Young ~he~ offered the 'roilomiug emergency Ordlnancn appropriating the total sun of $3,050.00: ¢~12412) AN OR01NANCE to amend and reordain Section u67. 'Dog Tax Administration'.and Section ~143. 'Hepartmental Eqoipoent and Improvements'. of the lg~5 Appropriat'ion Ordinance. and providing for an emergency. (For full t~xt of Ordinance. see Ordinance Book No, 20..Page 4S5.) Ur. Young noved'the'ado~ion of-~he Ordinance. 'The mo~ioc was seconded bI Hr. Davies and adopted by the following vote: AYES: Council members Davies, ~ones. Pickett, #aldrop. Mebber. Young, and the President. BF. ~oodI ...................... ?. NAYS: Nnne .... ~ ............ ~ .......... O. CONSIDERATION OF CLAIRS: ~0N~, INTRODUCTION AND ~ONSIDERA~ION ~F 0RDX~ANCES AND RESOLUYIONS: ZONING: Ordinance No. 12400. rezoning certaln'pruperty on the south side of Relrose Avenue, N. ~., west of Fatrview Cemetery. from General Residence District to Business Dlstr~ct. having previously been before Council for its first rending, rea~ and laid over, mas egain before the body. Mr. #ebber offering the ~ollowJng for its second reading and final adoption: ' (:~2400} AN ORg~NANCE t~ amend and re-enact'Article l, Section I of Chapter 51 of the Code of the City of Roanoke. Virginia. in relation to Zoning. (For full text of Ordinance. see Ordinance Hook NO. RO, Page 4SI.) R~. Webber moved'the adoption of the Ordinance. The ~oti~n mas seconded by Br. Young and adopted by the ~ollomlng vote: AYES: Council members Hones, Pickett, #ebber, Young, and the President. Br. ~oody ............. ~ ...... ~ .... NAYS: Council members Davies and #aidrop ............... SIGNS: Connc~l at ~t~ meeting of Ma~ 31, 195~, hav~n~ directed the City Attorney t~ ~repare the necessary'Resolution, authorizing the issuance of perml~'for the construction of a marquee Gn~ marquee sign on a new building now under construction at 2B Church Avenne, S. ~.. for Mitchell Clothing, Incorporated. as recommended by the City Planning C0mml~ston, Mrs. Pickett offered the following Resolution: (n12413) A RESOLUTION authorizing and directing the Building Inspector. pursuant to the provisions of "Yhe Sign Ordinance of the City of Roanoke, 1949", to issue a pernlt to Mitchell Clothing, Incorporated, to erect a marquee and marqaee sign for said Corporation's new building now under construction at No. R~ Church Avenoe, S. #. (For full text of Resolution. see Ordinance Book No. ~0. Page 4~.) 279 ,~Mrs. Pickett moved tbeedoptioa or the Resolution, The motion was seconded by Ny. Hanes and adopted by the following vote: AYES: Council members Davies, BaueR, Flckettt Maldrop, Jebber, Young, and the Prenideet, Mr. Uoody--~ ............. ?. NAYS: Nose ..................... O. · BUSES: Council at its meeting of #ny 31, 19550 having directed the City Attorney to prepare the necessary papers to establish a hem fare structure for the Roecoke Railway and Electric Company and the Safety MotorTransit Corporation, es requested by said companies, Mr. Nebber offered the following Resolution: (u12414) A RESOLUTION conditionally repealing Resolution Bo. 11836 adopted, by this Council, on the First day of June, 1953, entitled, *A RESOLUTION to amend paragraphs numbers (S) and (9) of a contract dated August 20th, 1951, between the City'of Roanoke and Roanoke Railway ~ Electric Company and Safety Motor Transit Corporation to authorize zone fares*. (For full tent of Resolutloe, see Ordinance Book No. 20. Page 456.) Mr. Webber moved the adoption of the Resolution. The motion.was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Banes. Pickett, Ualdrop, Nebber, Young, and the President, Mr, ¥oody .............. 7, NAYS: None .................... O. Mr. Young then offered the following Resolution: (~12415) A RESOLOTION conditionally amending Paragraph No. (5) of a contract dated August 20th, 1951, between the City of Roanoke and Roanoke Railway ~ Electric Conpaey and Safety Rotor Transit Corporation, to authorize an increase in fares, (For full text of Resolution,see Ordinance Rook No. 20, Page 456.) Mr. Young moved the adoption of the Resolution. The motion_was seconded by Mr. Davies and adopted by the following vote:, AYES:.Council members. Davies. Hanes, Pickett, Waldrop, Webber, Young, and the President; Hr. ~o'ody .... .. ............ 7. . SENER CONSTRUCTION:. Council at its meeting of May 31, 1955, having directed the City Attorney to prepare the necessary Resolution, authorizing the constrnction Of a sanitary semer trunk line in Forest Park Boulevard, N. W., from Fresno Street northward;approximately 1,400 feet~ to serve a new subdivision, as requested by Mr. Clarence L. Poff,.tbe cost estlmatedby:thc Engineering Department of said trunk line being $5,600.00 and Mr. Poff~to pay one-half the cost thereof prior to construction, Mr. Hanes:offeredthe following Resolution: .' : . (n12416) A RESOLUTIO~ relating to the conntrncttoa of an 87 public ' sanitary sewer trunk line in Forest Park Boolevard from Fresno Street northmard to the:new,subdivision =known as ~Map of Section Bo; 2, Chatham Hills'; and .(For fulltext of Resolution,.see~Ordinance Book No. 20, Page 457) :Mr;.Haaes moved~the adoption.of.the Resolution. The motion was seconded by Mr. Davies and adopted by-the.folloming.vote: 280 AYES: Connci] members Duyle$, BLOCS. Pickett, Mnldrop. Nebber, Yonu9, end the President, Mr. Nood! .............. ~-?. NAYS: None .............. ~---~---0. SEWER CONSTRUCTION: Council at its meeting or Muy 31, 1955, having directed the City Attorney to prepare the uecessury gesolutfoe, nnthorfziug the constructlou or a sanitary sewer project to serve the nreu or Mountain View Terrace, Berkeley Avenue nnd Ouddlug Street. S. W.; bt t total'cost estimated to be $10,532,00, the property owners in the nreu to ply one-heir or the cost of said construction prior to the beginning thereor,.ns recommended by the City Manager, Mrs. Pickett offered the following Resolution~ (n12417) A R£50LUTION relating to the construction or · sanitary sewer project to serve the area of Mountain View Terrace, Uerkeley Avenue and Dudding Street, S. W.; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 450.) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr. Races and adopted by the following vote: AYES: Council members Davies, Hanes, Pichett. Waldrop, Webber, Young, and LEe President. Hr. Woody ........... - .... ?. NAYS: None ...................... 0 RUDGET-CORPENSATION BOARD: The Hustings Court of the City of Roanoke under date of June 2, 1955,having issued orders directing the appropriation of certain funds to pay tee city's full proportionate share of salaries and expenses for the calendar year 1955 for the offices of the City Treasurer, City Sergeant and Commonwealth Attorney. copies of which orders are on file in the office of the City Clerk. the matter was before Council. In.reply to a question from Mr. Young as to the lack of the Judge's signature on the order served on him in each case, the City Attorney advised that the orders he has seen, while not signed by the Judge, are properly attested by a Deputy Clerk of the Court and do not require the signature of the Judge. that so attested, they were served by an officer of the Court in the manner prescribed by law, and. consequently, are legally binding upon him. Mr. Davies then offered the following emergency Ordinance: (~1241H} AN ORDINANCE amending the 1955 Appropriation Ordinance in certain respects; and.providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20. Page No. 459.) Mr. Davies moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies. Hanes. Pickett, Waldrop, Webber, Young, and the President, gr. Woody ............... NAYS: None ..................... O. SALE OF PROPERTY-STREETS AND ALLEYS: The City Manager and the City Plann Commission having recommended that u strip of land 362 feet long and containing approximately 0.32 acre, situate on the west side of Ross Lane. S~.W., north of Brambleton Avenue, be sold to the Wilbur Development Corporation. Mr. Hanes moved that the following Ordinance be placed upon its first reading: (m12419) AN O~OINANC£ providing for the sale of n 362-foot strip of land Wilbur Development Corporation, with certain reservations, WB£REAS, Wilbur Oevelopneut Corporation has offered to parches* (rom the City a 362-foot strip of land containing approximately 0.32 acre, situate on the west side or Ross Lane. north or Orewbletoo Avenue,'ood being a portion of the real estate conveyed unto the City by Ernest Fishburo, by deed dated September 10. 1948, of record in the Clerk's Office of the Uustiogs Court of the City of Rounohe, Virginia. in Deed Hook ?76, page 433, for SSO0.O0 cash; and WNEREAS~ a-committee, composed of the City Maoager. the City Attorney and the City Auditor, have reported that. in its Judgment. $500.00 is a fair price for said real estate and the City Planning Commission bas recommended that said strip of land be sold, provided certain rights to subsequently slope portions thereof is reserved in the deed of conveyance. THEREFORE. BE IT ORDAINEO by the Council of the City of Roanoke as ,1. That sale be mede by the City of Roanoke to Wilbur Development Corporation of that certain 362-strlpof land containing approximately 0.32 acre, situate on the west side of Ross Lane. north of Brambleton Avenue, and being a portion of the real estate conveyed unto the City by Ernest Flshburn. by deed dated September 10, 1948. of record lathe Clerk's Office of the Dustings. Court of the City of Roanoke. in Deed Book T?O. page 433. at a net coosideration of $500.00 cash; 2. That the proper City officials be. end they arehereby, authorized and directed, for and on behalf of the City, to execute a proper deed, to be prepared by the CityAttoreey~containing an adequate description of the land. to be supplied by the City*s EngineeringDepartnent. conveying thesame~ with : covenants of Special Warranty of title, unto Wilbur Development Corporation. and deliver the sane to the grantee upon~recelpt of the net purchase money; said deed reserving, however, unto the City the right, at such time.tn the future as It may elect, to go upon said real estate-and to cause so muchthereof to be sloped.to,such grade or,grades as. in the~sole,judgment of:the'Director of Public Works. will prevent erosion and afford beauty andsymmetry to that portion of Ross Lane contiguous thereto, and'providing=further therein that..after said real estate shall have been so graded, neither the.grantee nor.its successors or assigns may increase such established grade without the written~consent'uf The =otlon was seconded by Wr..Waldrop and:adopted by;the~followJng vote: AYES:-.Council nenbers~Davies,rUanes,.Pickett, ~aldrop. Webbero Young, end the President. Mr. NoDdy ......... ~ ..... T. MOTIONS AND MISCELLANEOUS BUSINESS::~ ' STREETS AND ALLEYS: A petition from Mr;:T.-L'.,Plunkett~ Jr..~Attoruey.for the Trustees of the Fairview #ethodist Church. requesting that the west 150 feet of a lO-foot alley running in an east-meat direction through Block 16. Washington 281 282 Heights Hap, beginning at Van Harem Street,~ N. W., be. permanently closed and vacated, and agreeing to dedicate a new lo-root alley along theentire westerly side of Lot 14, Block lO, Washington Heights Map,. ned to provide u curve area on a IS-Ioof radius aLthe intersection of the nee end cid alleys, was presented to Council by Hr. J. Glecmood Strichler,.Attorney,.nr. Strichler pointing cut that the petition is also signed by all the hnomn property omners of the remainder of Block 1O,~Wsshington Heights Hap, consentingto said closing. The City Manager presented a report, adrislbg that he has inspected the area along with the Director of Public Works and sees no objection to granting the request. A communication from the City Planning Commission,,advlsing that lu view of the fact that said portion of the alley has never been opened and has no public utilities located,therein, the Commission feels that the vacation of said portion will not be contrary to the interests of eltherthe City of Roanoke or the public at large, and recommending that the request of the petitioners be granted, was read. Hr. Strichler advised that the Trustees of the FairvJew Methodist Church have entered into a contract for the construction of a building on their property and closing.of the alley will be necessary in order to proceed, that the Trustees have inadvertently overloohed filfog the request prior to this tine, and asked that Council expedite the matter as much as possible. Rt. Webber moved that Council concur in the request and the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~12420) AH ORBINANC£ enacted pursuant to the provisions of Section 15-766.1 of the Code of Virginia (1950) as amended to date providing for the approval of the Council of the City of Roanoke, Virginia, to au instrument vacating, discontinuin and closing the westerly !50 feet of a certain ten-foot alley through Hlock according to the Map of Washington Heights; and, ~HEREAS, application has been made to the Council of the City of Roanoke hare approved a certain instrument dated June 4, 1955, executed by the Frustees of The Fairview Methodist Church vacating, discontinuing and closing the ~esterly 150 feet of a certain tea-foot alley through Block 1H, according to the Hap of Washington Heights; and, WHEREAS, the petition flied by the Trustees of said Church is executed also by all of the owner occupants of the remainder of said Block lB who consent to said request; and, WHEREAS, the City Planning Commission has considered the request of said application and has recommended that the Westerly 150 feet of said alley through Block lB, according to the Hap of Washington Heights be vacated, discoetinued and closed; and, WHEREAS, said Trustees have agreed to dedicate a new ten-foot alley along the entire westerly line of Lot 14, Block 18, according to said Hap from the ~xisting alley to Virginia Avenue; and. 283 IHEREAS, this Council, after considering the evidence subwitted,' Is of the opinion that vncatJhg the westerly 150 feet of said alley In the wanner requested will not abridge or destroy any or the rights and privileges of other property owners within the bounds or the area of land shown on said Hap o! Mnshlngton Heights nad is further of the opinion that said request should be granted, THEREFORE. RE [T ORRAXNEO by the Council of the City of Roanoke that that certain instrument executed by the aforesaid Trustees of the Fairview Methodist Church under date of June 4. 1955, vacating, discontinuing and closing said westerly 150 feet of that cartafn tea-foot alley tkrongh Block 10. according to the Map of MashlngtonHeights, be, and the same is hereby approved by this Council as provided by Section 15=766.1 of the Code of Virginia (1950) as amended to date, upon the recordation in the Clerk's Office of the Dustingt Court of the City of Roanoke, Virginia, of a deed from the said Trustees o! the Fnlrview Rethodist Church to the City of Roanoke dedicating a new ten-foot alley along the entire masterly line of Lot 14. Block 18, according to the Rap of Washington Heights from the existing alley to Virginia Avenue; and, BE IT FURTHER ORDAINED by the Council of the City of Roanoke that a certified copy of this Ordinance. together with a certified copy of the petition filed herewith, be delivered by the City Clerk to the Clerk of the Hustings Court of the City of Roanoke. Virginia. to the Clerk of the Circuit Court of ~ the County ~ Roanoke, Virginia, and to the City Engineer of the City of Roanoke, Virginia. that the City Engineer of Roanoke. Virginia, make appropriate notation of the vacation herein approved and of the dedication of the new alley herein provided for on the Official Rap of the City of Roanoke and that the said vacation instrument dated Juae 4, 1955, be recorded both in tho Clerk*s Office of the Hustings Court of the City of Roanoke, Virginia, and the Clerk*s Office of the Circuit Court of the County of Roanoke, Virginia. The motioa was seconded by Rt. Hanes and adopted by the folloming vote: AYES: Council me~hera Davies, Hanes, Pickett, ~aldrop, Webber, Young, and the President, Mr. Moody ..................... ?. NAYS: None ........................... O. Mr. Webber then moved to hold a public hearing on the question at R:O0 otclock, p. m., June 20, 1955. in the Council Chamber. The motion was seconded by Rt. Hanes nnd adopted. SE~ERS: Wt. W. #. Elmore appeared before Council and advised that the sewer line serving his property at 933 Hunt Avenue, N. W., is continually stopping up and causing sewage to back into his home. that he has been informed by th~ Departuent of Public Morks and the City ganager*s office that in order to relieve the condition it will be necessary to construct a new sewer line to serve the properties now being served by the existing line and that the property owners will have to pay one-half the cost thereof, Mr. Elmore stating that he feels that since the property in question has already been charged with the cost of constructing one sewer line, in his opinion the maintenance or replacement of said sewer line is a problem Of the city and not the property owners. ir. Hanes meted to refer the matter to the carT, Haaager for study lad report. The motion mas seconded by Mr. Inldrop and adopted. CLERK OF COCRTs: #r. Hanes moved that the City Attorne! be directed to prepare an appropriate Resolution rev adoption by Council in connection mlth the death or Mr. Russell J. Watson~ Clerh of Courts. The motion mas seconded by Mr. Waldrop end adopted. SEI~RS: Mr. Young stated that citizens residing at the intersection backing into their properties from a nam 12-inch line mhich has been constructed and to mbich their homes have been connected, said line being located on the oppolit~ banh of a stream in the rear of their properties, Mro Young pointing out that these properties were formerly served by an O-Inch semer line through said properties on the near side and parallel to the stream and that prior to the change their properties mere not affected by semage backing up to their Mr. Young moved to refer the matter to the City Manager for lnvestigatlm and report to Council. The motlonms seconded by Mr. Webber and adopted. TRAFFIC-GRADE CROSSINGS: Mr. Young stated that there is a strip of land approximately 200 feet in length and 25 feet in depth on the southmest corner of Jefferson Street and Norfolk Areoueo extending along Horfolk Avenue and purallel to the west rump of the new bridge, which he believes can be converted to u parking area by the construction of a retaining wall along the north side of the said west ramp and the elimination of the fill slope, Mr. Young voicing the opinion that said parking area could accommodate twenty-five automobiles and could be controlled by the use Of parking meters which might return to the City enough revenue to Justify the expense of constructing the retaining wall and preparing the parkie9 area. Mr. Young moved to refer the matter to the City Manager for study and recommendation to Council. The motion was seconded by Mr. Naldrop and adopted. There being no further business, Council adjourned. APPROVED ffN Clerk 285 COUNCIL, REGULAR MEETING, Monday, June 20, 1955. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Honduy, June 20, lgS$, at 2:00 o'clock, p, m** the regular meeting hour. with the President, Mr. ~oody.~prealdJng. PRESENT: Council members Davies, Hanes. Pickett. Yaldrop. Webber, Young. and the President, Mr. Moody .................... 7. ABSENT: None ............................ O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph G. Whittle, City Attorney, Mr. Harry R. Yates. City Auditor, and Mr. J. Robert Thomas, City Clerh. The meeting was opened with a prayer by Dr. N. R. Henson. Pastor of Melrose Baptist Church. MINHT£S: Copies of the minutes of the regular meetings held on May 31. fUSS, and June 6, lgS§,haviag been furnished each member of Council, upon motion of Mr. Davies, seconded by Mr. Hanes and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PDDLIC MATTERS: ZONING-SETBACK LINES: The City Planning Commission having recommended a setback.line twenty feet easterly from and parallel to the present established east line of Country Club Drive. N. N., between Melrose Avenue and the property of the Roanoke Country Club, and Council having set a public hearing on the question for 2:00 o'clock, po m., June 20. 19SS. the public hearing was held at mhich no objections to the establishing of the said setback line were filed by property owners or other interested persons. Mr. Webber moved to instruct the City Attorney to prepare the necessary Ordinance establishing the proposed setback line. The motion was seconded by Mr. Young and adopted, STREETS AND ALLEYS:The Trustees of the Fairview Methodist Church having requested the relocation of a certain alley through DlocklO, Nashiagton Heights Map, by vacating, discontinuing and closing the westerly 150'feet thereof andby establishing a new alley for a distance of approximately 130 feet to Virginia Avenue, N. #., and the=City Planning Commission having recommended that the request of the petitioners be granted, and Councilhaving,set a'pabiic~hearlng on the question=for 2:00 o'clock, p. mi, Jane 20, 1955,:the,hearing was held atmhich no objections were filed by property owners or other :interested persons. Mr..Naldrop offered the following Ordinance for Its second reading and final adoption: . (c12420) AN ORDINANCE enacted pursuant to the provisions of Section 15-766.1 of ~the Code of Virginia (1950) ns amended to date providing for the approval~of the Council of the City of Roanoke, Virginia, to an instrument vacating, dlscootinuing and closing the westerly 1SO feet of a certain ten-foot alley through Block Ia, according to the Map of ~ashington Heights. (For full text Of Ordinance, see Ordinance Book No. RO, Page 463.) 286 Nr. Naldrop moved the adoption of the OrdluBnCeo The motion was seconded by Nfs, Pickett and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Nsldrop, Nebber, Young, and the President, Mr. Moody .............. ?. NAYS: Noae .... ~ ............... O. PETIYIONS AND COMMUNICATIONS: SENER CONSTRUCTION: A communication from Mr. Norton Honeymau, Attorney for Henpaul Homes, Incorporated, requesting the construction of I sanitary sewer project to serve certain lots in tbe #illiamson Groves Addition on Sycamore Avenue, Thurston Avenue, Naddock (Laurel) Avenue and Noble (Noodlawn) Avenue. N. E** on an assessment basis, was before Council. Mr. Young moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by Mr. Naldrop and adopted, REPORTS OF OFFICERS: SEWERS: Council having referred to the City Manager at its meeting of June 6, 19SS, a complaint from citizens residing on Mount Vernon Rood andBrandon Avenae, S, N., that sewage bucks into their homes from the city sewer system, for investigation and report, the City Manager reported that the sewer system has been inspected by the Director of Public Norks and members of his staff and has been found to be operating very satisfactorily and at less than one-third copocity during normal times, but apparently In times of heavy rain and when the ground becomes saturated with water, these sewers become loaded to the point whereby the houses on the system which have floor drains in the basement are subjected to back-up from the main lines, the City Manager advising that the city does not guorantee basement drains to homes in the city. Mr. Young stated that it is his understanding that prior to the construction of a 12-inch sanitary sewer line parallel to the O-inch line serving the properties in question the property owners had not been troubled with sewage backing into their homes. Mr. Hones moved to direct the City Manager to restudy the problem with a view of determining if it is practicable to install a check va!ye on the O-inch Ilium serving the properties in question and eliminate the trouble. The motion seconded by Mr. Young and adopted. BUDGET-MAHER FIELD: Council at its meeting of June 6, 1955, having received o recommendation from the City Monager for au appropriation of $157.24 to pay rent on a transformer installed by the Appalachian Electric Power Company to serve the boseball park at Naher Field, and having directed the City Nanager to investigate the cost of purchasing n transformer for this purpose and the procticabllity of making such a purchase, the City Manager reported that to buy the present transformer at Naber Field an offer of $1,065.00, being the depreciated value of the transformer on the books of the Appalachian Electric Power Company, iwill have to be made in order to purchase the equipment, and that in his opinion, possible changes ia the use of the baseball park in the next few years would make it uneconomical to purchase the said transformer. 287 Mr. Young moved to concur lo the report or the City Manager sad offered the following emergency Ordinance: (a12421) AN ORDINANCE to amend and reordsia Section nil2, *Stadium and Athletic FleldW, of the 1955 Appropriation Ordinance, and providing rot un emergency. (For full text of Ordinance, see Ordinance Book No, 20, Page 464.) Mr. Yoaag moved thc adoption of the Ordinance, The motion mas seconded by Mr. Davies and adopted by the following rote: AYES: Council members Davies, Banes, Pickett, Waldrop, Young. and the President. Wt. Moody ................... 6, NAYS: Br. Webber ............... 1. BUDGET-DEPARTMENT OF PUBLIC RELFARE: The City Manager presented a proposed budget for the Department of Public Welfare for the state fiscal year July 1, 1955, through June 30, 1956o and requested a Resolution authorizin9 him to approve the said budget. Mr. Young moved tn concur in the recommendation of the City Manager and offered the following Besolution: (u12422) A RESOLUTION approving for submission to the State Department of Public Melfare the twelve months* estimate of expenditures for the Department of Public Melfare of the City of Roanoke for the period from July 1. 1955, through June 30, 1956, showing a total for assistances amounting to $1,095,616.00, as presented to the Council of the City of Roanoke at its regular meeting Monday, June 20, 1955; authorizing the City Manager tn certify said approval to the proper authorities; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 465.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Banes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .................... NAYS: Mr. flavles The City Manager then advised that he has had an Ordinance prepared amending the 1955 Budget to conform to the new state approved budget and recommended its adoption. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (o12423) AN ORDINANCE to amend and reordain Section ~52, *Public Assistances' of the 1955 Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 20, Page 465.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr, Hanes and adopted by the following vote: AYES: Council members Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Woody .................... NAYS: Mr. Davies ................ 1. BUDGET- ROANOKE PUBLIC LIBRARY: The City Manager recommended a transfer of $904.19 from Book Repairs to Building Maintenance in the Library account of the 288 195S ba~'get {'o prd'ifig;for paiment"of necessary emergency ~epnira t~ the heatlog system at the main llbrar7. Mr. Yebbev moved to c0nci~ in the reoonme'ndotion of ~he City Manager end offered tke rolloming'ea~r~encl °rdina~Ce: ~ ' (a12424) AM OROIMASCE to amend and reordain Section nlBl, 'Libraries', of the 1955 Appropriation'Or~inance, ual prgvididg for an emergeacl. '(For tail text of Ordinance, see Ordinance Book No. 20, Page 466.) er. Webber moved the adoption of the Ordinance. The motion was seconded bi Hr. ~anes and~dopted b~ the following vote: AYES: Council members Davies, Hanes~ Pickett, Naldrap, lebber~ Young, and the President, Mr. NoodI ................... 7. NAYS: None ..................... JE~A6E DISPOSAL: ~he CltI Maoagcr reported that wliel N. Jackson Conpany has completed repairs to the dam encasing the'saalta~i semer river crossing at · asena Park as authorized by Council in Its Resolution No. 1~363. adopted on the lltb daI of April. lq55, ut a cost of Mr. ~ebber moved to receive the report of the City #manger and refer it to the committee consisting of Messrs. #alter L. Young. Chairman, ~erbert A. Davies Arthur $. O~eos, John L. Wentworth and H. Cletus Bray]es for consideration along with the Fei[ted matters nam under study bi said committee and to instruct the City ~anager to ask AlvoFd, DuFdick and Homson for a reply to the commJttee*s recent request for certain information from them. The notion was seconded by Mr. Young and adopted. Hr. Webber then moved to Instruct the City Attornel to prepare an Ordinance appropriating necessary funds for payment of the cost of repairing the said dan. ~he motion was seconded by Hr. Davies and adopted. $EI~$: Council at its meeting of June 6, 19tiff, having referred to the ~ity ManageF for study and repo~t a complaint fFomMr. W. W. Elmore, 9~3 Bunt Avenue, M. U., of continual stoppage in the sewer line serylng his property, the City Manager reported that the seweF line in question was constructed by Jacobs under a contract with the City of ~oaneke and under which Hr. Jacobs paid $27~[?$ to connect with the city's sewer line while the property mas still in the county, that upon annexation the sewer llne became the propertI of the City of l~oano~e, that ~o relocate the sewer would cost approximately $1,144.00. of which one-half should be borne bi the property owners, and that a pFoper easement would have to be secured across private property, the City Hanager further advising that he is not sure of the legal aspects of the case, and recommended that the matter be referred to the City Attorney for his ad.ice. Mr. Young moved to refer the matter to the City Attorney for advice as to the legal aspects of the matter. The notion was secon'ded bi Mr. ~aldr'op and adopted. YRAFFIC: The CitI aanager requested the adoption of a Resolution which he had had prepared authorizing the use of a ~ortion of the grass plot to the south and to the east cf the auniclpa'l Building in order to p~ovide head-in parking space for approximately twelve automobiles. Br. Webber moved to concur in the request or the Clt7 Homager nod offered the following Mesolutioo: A R£SOLUTION relakiag to the use or the grounds or the Municipal Building prOperty, WHEREAS, the City manager has recommended to the Council certain changes to be made in a portion of the grounds of the municipal Building property mhich would provide additional automobile parking space immediately adjacent to said Municipal Building. TBERCFOB£, BE IT RCSOLYED by tho Council Af the City of Roanoke that the City Manager be, and ha is hereby, authorized to convert end use for the parking of automobiles that certain area of the groands o! the Municipal Building property located ak the southeasterly corner thereof fronting approximately 26.0 feet on 2nd Street, S. M., and npproxiuately 126,0 feet on the alleyway behind the Runicipal Building, and to designate individual parking spaces thereon by appropriate signs, Hr. Webber moved the adoption of the Resolution. The motion mas seconded by Br. Young. Mrs. Pickett offered a substitute motion to table the Besoiution until the buildings on Church Avenue, 5. W., west of Second Street, are demolished as authorized. The motion was seconded by Hr. Banes and defeated by the following vote: AYES: Council members Uanes, Pickett and Waldrop F~AYS:~ Council members Davies. Webber, Young, and the President, Hr. ·oody .................... 4. #r. Nehhev*s motion to adopt the Resolntion was then defeated by the following vote: AYES: Council members Webber; Young, and the President, Mr. Moody ....... 3. NAYS: Council.members Davies, flanes~ Pickett and Maldrop ................ 4. SOU~B-MA£I~G DEVICES: The City Manager advised that he has had a request from the Daytona Beach Lions Club for permission to play a calliope on the streets of the City of Roanoke on the evening of June 26, 19SS. forappFcximately one hoar, which request he has refused as being contrary to existing Ordinnnces. and that, subseqnently..he has received au additional request from the said Lions Club that he submit the matter to Council for Its consideration. Mr. ~ehber moved to refer the matter rathe City Manager mltb the suggestion that he write the Lions Club. advising that the city law prohibits the use of such vehicles on the streets, but suggesting that instead the Club give a concert on.the calliope in one of.the city parks and invite thc~blic to attend. The notion mas seconded by Mrs. Pickett and adopted. PURCHASE OF pROPERTY-STREETS AND ALLEYS: The:City Manager reported that the Pitzer building on the southeast corner of Franklin Road and Second Street, S. M. 0 Ia being razed and recommended procarement:of a~small plot;of-land to round the corner of Franklin Road and Second Street. S. Mo,.prlor to the erection of a building on the said property. ,~ · Mrs.,~Pickett moved to refer the matter to the City Planning Comaission for study:and recommendation. The notion~mas seconded by Mr. Naldrop.and adopted. AUDXTS-CLER£ OF CODRTS:~TheCIty Manager submitteda report ofaaandit of the Clerk Of Courts.for the calendar year~1954~as prepared by the State Auditor Of Poblic Accounts. . 289 290 The report mas ordered tiled. CITY PHYSICIAN: The City Manager presented a written report from the City Physician for the month of May, 1955, showing 621 ottice calls, S?? prescriptions railed nod 257 treatments given, aa coupored with 614 otflce calls, 6TS prescriptions tilled and 264 treatments given rot the month of May, 1954, The report mas filed. REPORTS: The City Manager presented mrittea reports trom the Airport, the City Market, the Delinquent Tax Oepartment, the Department o! Hulldlngs, the Electrical Department, the Health Department and the Pnrchasing Department for the month of May, 19555 also, a report from the Department o! Public Morks for the month of April, 1955. The reports mere filed. BUDGET=ELECTIONS: The City Manager presented a report, recommending an appropriation of $631.60 for printing the voting list in the Electoral Hoard account due to the increased cost of the voting list. Mr. Young moved to concur In the request of the City Manager and offered the folloming emergency Ordinance: (n12425) AN ORDINANCE to amend and reordain Section ~132, *Electoral Hoard** of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 20, Page 466.) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody ............. NAYS: None ................... BUDGET-JUVENILE DETENTION HOME: The City Manager requested an appropriation of $400.00 for hospitalization and medical needs under the Juvenile Detention Home acconnt in the 1955 budget, stating that this item is 100~ reimbursable by the state. Mr. Hanes moved to concur In the reqaest of the City Manager and offered the following emergency Ordinance: (~12425) AN ORDINANCE to amend and reordain Section ~Sl. *Juvenile Detention Home*, of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett, Maldrop, Webber, Young. and the President, Mr. Woody ............... NAYS: None ..................... O. BUDGET-MUNICIPAL COURT: The City Manager requested an appropriation of $280.00 for extra help in the Municipal Court account of the 1955 budget to provide funds for extra help during vacation periods. Mr. Mebber moved to concur in the request of the City Manager and offered the following emergency Ordinance: 291 (~1242Y) AN OMDINAMCE to'ame~d and reordein iectio~ u24, 'iumicipol Court", of the 1955 Appropriation Ordinance. and providing for an emergency. · - (For full text of Ordinance, see Ordinance Boot No. 20. Page 467.) Mr. Webber moved the adoption of the Ordinance. The motion mas seconded by Mr. Wuldrop and adopted by the folloulug vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Woody ............. ~--?. NAYS: None ...................... DUDGET-CITY GAgAGE: The City manager requested a transfer of $2,000.00 from Tires to Repairs by Others ia the Garage account of the 1955 budget to provide for overhauling the tracks on the pomer shovel and the track frame, estimated to cost in excess of $1,800.00. Mrs. PJchett moved to concur In the request of the City Manager and offered the follomJng emergency Ordinance: (n12425) AN ORDINANCE to amend and reordain Section ~99. "Garage'. of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 20~ Page 460.) Mrs. Pickett moved the adoption of the Ordinance. The motion mas seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies. Danes, Pickett. MaldFop, Webber, Young. and the President. Mr. Woody ...... ~ ............ T. NAYS: None ......................... O. ~BUDGET-JBYENILE AND DOMESTICRELATIONS COURT: The City Manager requested a transfer of $105.82 from Automobile Allomances to Travel Expense in the Juvenile and Domestic Relations Court account of the 1955 budget. Mr. Danes moved to concur in the request of the City Manager and offered the folloming emergency Ordinance: (=12429) AN ORDINANCE to amend and reordain Section ~23. "Juvenile and Domestic Relations Court", of the 1955 Appropriation Ordinance. and providing for an emergency. (Forfull text of Ordinance, see Ordinance Book No. 20, Page 468) Mr. Banes moved the adoption of the Ordinance. The motion mas seconded by Mr. Davies and adopted by the .folloming vote: - AYES~ Council members,Davies, Hanes, Pickett. Waldrop, and the President, Mr. ~oody--~ ................. 5. - .... NAYS: Council members Webber andYoung ...........2. REPORTS OF COMMITTEES: .... SENERS: A committee consisting of Messrs. Arthur S. Omens, Chairman, Boy L. Webber, John B. Maldrop, Harry B. Yates. Randolph G. Shittle:and G, II~ guston appointedby Resolution NO. 1221q, adopted on September 7, 1954, to make a study of the Rules and Regulations of the Water Department and of the allocation of costs and.the extension of.semer lines and to report its findings and recommendatio to Council,.submitted ar.port recommending: ' (1) That an Ordinance, which had been prepared, be adopted establishing a $50.00 connection charge for anyone connecting to the sewer system of the City of Roanoke. 292 · ~. (2): That-the extension be llwited~to300 feet, for which the city would of the. Roanoke Yalley Home Builders Associutiou,.stutlug that the report of the committee only became public knowledge on June l?, 1955, that consequently interested persons have eot had.aa opportuulW to study:the report or Its' implications and requesting that u public hearing on thc question he held, was before Council. Mr, Tom Stockton Fox, Attorney for the Roanoke Valley Bome Builders Association, appeared before Council and advised that the association is opposed to the $50.00 charge on the baslsthat the home builders under.the present nam subdivisions, whereas the city has always.paid a portion of the cost or constructing semers, and that the $50.00 charge is merely an additional tax, present, coating approximately $10o500.00 would have 2-1/2% of the cost charged Ur. £ytchen appeared before Council and stated that many of the subdividers under contract for sale and consequently will be forced to absorb the charge. by Mr. ~anes and adopted. SCHOOLS-PA~KS AND PLAYGROUNDS: Council at its meeting of March 28, 1955, land and buildings for school and recreational purposes, the City Planning that when funds are made available for hem school buildings, the plans of the proposed buildings be studied with the view of adapting then to the various policy regarding the use of such facilities by the different city departments the buildings, the City Planning Commission again recommending that Council establish a policy along those lines. 29° ZONING: A report from the City Plunging Commisolone recowmendlog deainl of the request or Hr, Preston D. Pnyoe for rezoning his pro'ertl located nt 832 Elm Avenue, $, £** from Specinl Residence District to Business District, having been before Council at its meeting of Ray 23, 1955, at mhich time the City Clerk was instructed to ascertain whether or not #r. Paine desires a public hearing on the mutter, the City Clerk reported that he has received no u~smer to a letter mailed to #r. Paise on Jnee 1, 1955. requesting to be adrfsed if Hr. PaTna deuirea a public hearing on or before June 6, 1955. Hr. Webber moved to concur in the recommendation of the City Planning Commission and deny the request of Ur. Payae. The motion mas seconded by Young and adopted. ZONING: A communication from Hr. R. T. Edmards, Attorney, requesting a public hearing on the question of rezoning from Special Residence District to Business District the property on the west side of Thirteenth Street. S. between Cleveland Avenue and Campbell Avenue. as requested by Hr. Henry C. Giles. et als. which request for rezonJog the City Planning Commission has recommended be denied, mas before Council. Mr. Waldrop moved to set a public hearing on the question for 2:00 otclock. p. m., July 18. 1955, in the Council Chamber. The motion was seconded by Mr. Young and adopted. ZONING: The City Clerk presented a communication from Mr. C. F. Kefauver, asking to withdraw a petition submitted hi himself and others, requesting rezoning from Special Eesfdeuce District to Business District certain properties on the west side of Milliamson Road. N. M., between Ravenuood Avenue and Floroland Drive, which request for rezonin9 the City Planning Commission has recommended be denied, and on mhich Council has set a public hearing for 2:00 o'clock, p. m., July 5, 1955. in the Council Chamber. Mrs. Pickett moved to table the request until the meeting of July 5. 1955. The motion was seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TAXICABS: Ordinance No. 12404, authorizing a certificate of public convenience and necessity heretofore granted Cleatis R. Slsson, trading as Roanoke Cab Company. for the operation of a maximum of four taxicabs lu the City of Roanoke, to be transferred to Checker Cab Company of Virginia. Incorporated, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Davies offering the following for its second reading and final adoption: (a12404) AN ORDINANCE authorizing a certificate of public convenience and necessity heretofore granted Cleatis B. samson, trading as Roanoke Cab Company, for the operation of a maximum of four taxicabs in the City of Roanoke, to be transferred to Checker Cab Company of Virginia, Incorporated. (For full text of Ordinance. see Ordinance Book No. 20, Page 460). Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Maldrop and adopted by the following vote: AYES: Council members Davies. Hanes, Pickett, Maldrop, Rubber, Young. and the President, Mr. Moody ................ 7. ~AYS: None ...................... O. DOCS: Ordinance No. 12411. amending Chcpter 49 or the Code of the City of Roaooke. relating to dogs end cats. by adding aeu sections relating to the disposition of iupoonded dogs and the appointment of a City Dog Harden, having previously been before Council for its first reading, reod and laid over. was again before the body, Hr. Young offering the following for its second reading and final adoption: (a12411) AN ORDINANCE amending Chapter 49 of the Code of the City or Roanoke, relating to dogs and cats, by adding new sections relating to the disposition of impounded dogs and the appointment of a City dog mavden. (For full text of Ordinance, see Ordinance Hook No. 20. Page 461.) Mr. Young moved the adoption of the Ordinance. Thc motion mas seconded by Wv. Hanes and adopted by the following rote: AYES: Council members Davies, Hanes, Pickett. Waldrop, Webber. Young. and the President, Hr. Roody .................... T. NAYS: None .......................... O. SALE OF PROPERTY-STREETS AND ALLEYS: Ordinance No. 12419. providing for the sale of a 362-foot strip of land situate on the west side of Ross Lane, S. north of Brambleton Avenue, to the Wilbur Development Corporation, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. ltanes offering the following for its second reading and final adoption: (a12419) AN ORDINANCE providing for the sale of a 362-foot strip of land situate on the west side of Ross Lane, S. W.o north of Brambleton Avenue, to Wilbur Development Corporation. with certain reservations. (For full text of Ordinance, see Ordinance Hook No. 20, Page 462.) Rt. Banes moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop. Webber, Young, and the President, Mr. Woody ................. ?o NAYS: None ....................... O. AIRPORT: Mr. Webber stated that in connection with the 1955 Improvement Program at the Roanoke Municipal Airport it is necessary that Council adopt a Resolution ratifying the City's Project Application and accepting the Grant Offer thereon in order to comply with federal regulations and offered the following Resolution: (~12430) A RESOLUTION ratifying and adopting the Cityts Project Application of May 10, 1955; accepting the Grant Offer issued thereon; authorizing the City Manager to execute said Grant Agreement as evidence of the City*s acceptance thereof; authorizing the City Clerk to attest such execution and to affix the Cityts seal thereto; authorizing the City Attorney to execute the requisite certificates; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 469.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldropo Webber, Young, and the President. Mr. Woody ............. 7. NAYS: None ................... O. 295 STREETS AmD ALLEYS: Council ut Its meeting of June 6, 1955, having directed the preparation or an Ordinance, granting permission to Southern States Roanoke Cooperative, Incorporated, to construct and maintain certain encrnecbwents on public streets, us reconuesded by the City Raaager, Mrs. PlcRett moved that the following Ordinance be placed upon its first reading: (e12431) AN ORDINANC£ granting permission to Southern States Roanoke Coeperative, Incorporated, to construct and maintain certain encroachments on the north side of Mountain Avenue, S. £.. between 3 1/2 Street and 4th Street, and on the east side or 3 1/2 Street, S, £,, north of Roantale Avenue, upon certain terms and conditions, RH£S£AS. Southern States Roanoke Cooperative. Incorporated. has petitioned this Council to grant to said petitioner permission to construct and maintain the encroachments hereinafter mentioned and the matter has been referred to the City Hanager who has reported in writing recommending the granting of said permission. TH£REFOR~p BE IT ORDAINED by the Council of the City of Roanoke that permission be, and the same is hereby, granted Southern States Roanoke Cooperative, Incorporated, to construct and maintain the following described encroachments upon certain public streets in the Cfi?, to-wit: (1) In the refacing of the building of said pcrmittee located on the north side of Rouatain Avenue, S. E., between 3 1/2 Street and 4th Street, to so construct said bnllding that the new brick facing to be added thereto will encroach over the northerly street line of Rountain Avenue, S. £., over a portion of the front of said building from zero inches at the southwest corner of said building to approximately 4 inches on the southeast corner thereof, together with a 12-inch concrete footing as a foundation for said new brick facing, the entire of said footing to be constructed below the established grade of said street; and (2) In the construction of a retaining wall upon the property of said permlttee located on the east side of 3 1/2 Street. S. £o, north of Nountain Avenue, to construct a concrete footing under said wall which, at a point 33 feat north of the north line of Mountain Avenue and extending northerly for a distance of 76 feet, will encroach 3 feet into 3 1/2 Street, S. g., at a distance of approximately 3 feet below the established grade of said street; Provided. nevertheless, that in the construction of said brick facing and footing therefor and in the construction of the footing of the aforesaid retaining wall, the same shall be constructed and installed in exact accordance with certain plans and specifications entitled "Alterations ~ Additions to Service Store for Southern States Roanoke Cooperative", prepared by Torrence and Dreeliu, Consulting Engineers, under date of April 17, 1955. Sheets Nos. l, 2, 3 and 4 thereof being filed in the Office of the City Clerk; and Provided, further, that the aforesaid permission so granted shall be held and deemed to be a license merely and shall be rerokable at the pleasure of this Council or of the General Assembly and that the said Southern States Roanoke Cooperative, Incorporated. shall, by acting under this Ordinance. be deemed to agree to indemnify and save harmless the City of Roanoke from all claims for damage to persons and property by reason of the construction and maintenance of the aforesaid encroachments, The motion ups seconded by Mr. Hanes end adopted by the folloulug vote: A~S~ Council members Davies. nnnes. Pickett. Wnldrop. Webber. Young. nnd the Pre$1dent.'ir. ~od~-~---~ ............ ' .... ?. · RESoLuTiON ~r sYMPA~HYLCLERK ~r COURTS, Council ut its meeting of June 6. 1q$5. having directed the City Attorney to prepare a Resolution for its adoption ia connection uith the death of Mr. Russell J. Marmon. Clerk. of Courts. Mr. Hanes offered the follomlng: (x12432) A RESOLUTION offered as a Memorial to Russell J. Watson. deceased. (For full text of Resolution. see Ordinance Book No. 20. Page 471.) Hr. Hanes moved the adoption of the Resolution. The motion nas seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Davies. Manes. Pickett. Mnldrop. Webber. Young. and the President. Wr. Moody ................. T. NAYS: None ....................... O. MOTIONS AN~ MISCELLANEOUS BUSINESS: NONE. There being no further business. Council adjourned. APPROVED Clerk / '~Nldent~ {! COUNCIL, SPECIAL MEETING. Tuesday, June 26, 1955. The Council of the City of Roanoke met in special meeting in the Council Chamber in the #uniclpal Building. Tuesday. June 26, 1955. at BI00 With the President, Mr. Woody, presiding. PRESENT: Council members Davies, Pickett, Maldrop, Webber, Young, and the President, Hr. Joody-~ ....... 6. ABSENT: Hr. Hanes .... 1, OFFXCERS PRESENT: #r. Arthur S. Owens, City Manager. Br. R~ndolph G.'Rhittle City Attorney, #r. Harry R, Yates. City Auditor, Mr. J. Robert Thomas, City Clerk, and Hr. G. H. Ruston, Manager of the Rater Department. SE~ERS: Mayor Woody announced that the meeting has been called pursuant to action of Council at its meeting of June 20, 19SS, to hold a public hearing on the question of establishing a $50.00 connection charge for anyone connecting to a system, and llmltlng to 300 feet sewer extensions on which the city would pay one- half the cost on any occasion, as recommended by Council's connlttee consisting of Messrs. Arthur S. Owens, Chairman, Roy L. Webber. John B. Waldrop. Harry R. Yates, Randolph C. Whittle and G. H. Ruston in its report submitted to Council June 20, 1955. Br. Tom Stockton Fox, Attorney for the Roanoke Valley Home Builders Associa-II rich, appeared in opposition to establishing a $$0,00 sewer connection charge aa recommended by Councilts committee, reiterating the statements presented to Council at its meeting of June 20, Ressrs. Lewis Ilartman. Elbert H. Maldron. Charles E. Fnckler, Leon R. Eytchen, J. O. Plunkett, Jr., C. B. Bowles, J. a. Campbell. and R. R. Quick also appeared In opposition to the $50.00 sewer connection charge Proposed by the committee. Mr. Kytchen pointed out that subdividers are nam required to grade streets and place thereon a 4=inch stoue base, construct sewers, water mains, and erect street signs in the subdivisions, all of which becomes property of the City of Roanoke upon completion, and that the $50.00 charge proposed for a sewer connection is Just an additional tax agaiust the subdivider and the prospective purchaser of the homes. Re further stated that the group recognizes Council's financial difficulties aud will support raising of additional rerenoe to finance the city's operations, but feels that the additional revenue should be of a general nature rather than placing the burden on a small select group. In response to a question from Mr. Webber, Mr. Kytchen stated that both the Roanoke Valley Home Builders Association and the Roanoke Real Estate Board would advocate an Increased tax on property to neet the clty*s needs. Mr. Quick then stated that mhile the Roanoke Real Eatate Board has made no commitment to support increased property taxes, his conversations with members in recent days has led him to believe that they would support such a move and in addition would support the creation of a non political permanent board of City Manager Owens, as Chairman of the committee which submitted the recommendation, stated that the recommended $50.00 connection charge is a revenue measure and that he feels it o Justifiable one since most of the Municipalities in the State of Vfrglnla charge for sewer connections at yarylog rates, and without 298 additional revenue he cannot see bom Council would be able to meet the fiaaotlnl requirements for operation of the Municipal Government for the year 1956, Mr. Young moved to take the matter under consideration for further study and to adjourn the meeting. The motion mas seconded by Mr, Waldrop and adopted. APPROVED President COUNCIL,~ REGULAR MEETING, Tuesday, July 5. 1955, The Council of the City of Roanoke met in regnlnr meeting in the Council Chamber in the Municipal Building, Tuesday, July S, lqb§. at 2:00 o'clock, p, m** the regular meeting hour, with tho President, Mr. Woody, presiding, PRESENT: Council members Davies, Banes, Pichett, Maldrop, Webber, Young, and the President, Mr. Moody ............ ?'. ABSENT: None ............ O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. James S. ~iacanon, Assistant City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas City Clerk. The meeting was opened mith a prayer by the Reverend L..R.. Norris, Pastor of the Donsack Daptist Church. MINUTES: Copies of the minutes of the regalar meeting held on June 20, 1955 and the special meeting held on June 28. 1955. having been furnished each member Council. upon motion of Mr. Maldrop, seconded by Mr. Davies and adopted, the read- ing was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: SEWER CONSTRUCTION: Council by Resolutio~ NO. 12417, adopted June 6, 1955, having instructed the City Manager to advertise for bids for the construction of a sanitary sewer project to serve the area of Mountain View Terrace, HerkdeyAvenue and Dudding Street.~ S. M., and such advertisement having been published by the City Manager, bids were received from the folloming: Aaron J. Conner, Pioneer Construction Company, Incorporated, Draper Construction Company, Corer Construction Company, Incorporated, Stone and Webber Construction Company, Incorporated, Glmbort and Glmbert, Incorporated, and M. S. Hudgins. Mr. Webber mated to refer the bids to Messrs. Arthur S, Owens, John L. Wentworth and B. Cloths Hroylea for tabulation and report to Council. The motion mas seconded by Mr. Young and adopted. SZREETS AND ALLEYS: Council at its meeting uf Mayal, 1955. having set a public hearing for 2:00 o*cloc~, p. m., July 5, 1955, on the question of vacating. closing and discontinuinG Glencoe Street, S. E.. between Mabry Avenue and Blanton Avenue, and notice of such hearing having been published in-The Roanoke World-News on June 10. 1955, the hearing was held at which no one appeared in opposition to th* proposal; whereupon, Mrs. Pickett moved that the following Ordinaucebe:Placed upon its first reading: (a12433) AN ORDX~ANC£ vacating Glencoe Street,.$. E., which runs from the south side of Mabry Avenne to the north side of Blanton Avenue, as providedby' Section 15-76~ of thai950 Code of Virginia, as amended. · . MBEREAS, W. S..Wade, J. ~. ~ebb, G. R. Trail, D. W..Gunter, N.M. Myers, Jr, Laura M. Stump and Rex L. Dell have heretofore filed their petition before the Council of the City of Roanoke, Virginia, in accordance with the law, in which petition they requested said. Council or.the City.of Roanoke.to vacate said Glencoe Street, S. R., Of the filing of which said petition due notice was given to the public, as required bylaw, aud ~ , ,~ 299 300 MHEREAS, Il accordnnce math the prayer of said petition, viewers were appoint by said Council of the City of Ronnohe to view the property nnd report in mrltlag whether in their opinion any inconvenience mould result from formally vacating said Glencoe Street, tad .NHEREAS,' it appears from the report in writing filed by said viewers In this sroceedlng, mhich, was filed with the City Clerk, together with the affidavit of said yammers, Da the 2?th day of Hay, 1955, that no inconvenience would result, either to any individual or to the public, from vacating said Glencoe Street, S. ED, and RBER~AS. it further appears to said Council of the City of Roanohe that the aforesaid petltionerJ have agreed to bear and. defray the costs and expenses incident to this proceeding. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoheo Yirginia, tm Glencoe Street. S.. E.. which runs from the south side of Rabry Avenue to the north side of Blanton Avenue. be. and the same is hereby vacated, and that all right, title and Interest of the City of Roanoke and the public in and to said Olencoe Street. S. E.. are hereby released insofar as the Council of the City of Roanoke is empowerec so to do. except that a public easement is hereby reserved for the maintenance, repair and replacement mf the storm drains, sewer and water lines and all other municipal installations, if any. now located in said Glencoe Street. S. E. BE IT FURTHER ORDAINED.that the City Engineer be, and he is hereby directed to mark "Vacated" said Glencoe Street, S. E., on all maps and plats on file in the office of the City Engineer of the City of Roanoke. on which said maps and plats said Glencoe Street. S. E.. is shown, referring to the book and page of Resolutions and Ordinances of the Council DE the City of Roanoke wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of Council of the City of Roanoke deliver to the Clerk of the Hustings Court for the Cit~ of Roanoke. Virginia. a certified copy of this Ordinance in order that said Clerk of said Court may make proper notation on all maps or plats recorded in his said office, upon which is shom~ said Glencoe Street, S. E., as provided by law. The notion mas seconded by ~r. Banes and adopted by the following vote: AYES: Council members Davies. Hanes. ~ickett, Maldrop. Webber, Young, and the President. ~r. Woody .......... ?.. NAYS: None ................ O. ZONING: Council at its meeting of Ray 31, 1955, having set a public hearing for 2:00 o'clock, p. m.. July 5, 1955. on the question of rezoning from General Residence District to Special Residence District property located on the north side of Wasena Terrace, 5. W., between Riverside Boulevard and Thirteenth Street. and notice of such hearing having been published in The Roanoke World-News on June 10, 1955, the hearing mas held at which no one appeared in opposition to the proposall whereupon. Mr. Young moved that the following Ordinance be placed upon its first reading: (a12434) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter SI of the Code of the City of Roanoke, ¥irginla, in relation to Zoning. WHEREAS, application has been made to the Council of the Citl of Roanoke to have property located on the northwest corner of Wasena Terrace and I2th Street. So W., designated as Lot IT, Exchange Building Rap, Official Number 1220518. rezoned General Residence District to Special Residence District. and MHER.F~S, after the matter had been referred to the City Planning Commission, the Owners of Lots g, 10, 11, 12, 13 and 14, of the Exchange Building Map, petitioneC the said City Planning Commission to be alloued to Join in the original application to have their property rezoned from General Residence District to Special Residence District, whereupon, th~City Planning Commission had recommended that the remainder of the block facing on Masena Terrace, from Riverside Boulevard to 13th Street. be rezoned from General Residence District to Special Residence District, and MHEREAS, notice required by Article XI. Section 43, of Chapter 51 of the Code of the City of Roanoke, relating to ZONING, h~s been published in *Thc Roanohe a newapaper published in the City of Roanoke. for the tine required by said section, and MHEREAS, the hearing, provided for in said notice published in the said neNspoper, was held on the 5th day of July, 1055, at 2:00 o'clock, p. m., before the Con~cil of the City of Roanoke in the Cpuncil Room in the Municipal Building. at hearing evidence both for and against said rezoning was presented by property and other interested parties in the affected area, and MHEREAS, this Council, after considering the application for rezoning, isof the opinion that the above property should berezoned ~s requested. THEREFORE, HE IT ORDAINED by the Council of the City of Roanoke that Article 1, Section 1, of Chapter 51 of the Code of the City Of Roanoke. relating to Zoning, be amended and reenacted in the following particular and no other, viz: Lots No. 9~ 10. 11, 12, 13. 14, 15. 16 and 17. inclusive, of the Exchange Building Mop, located on the north side of Wasena Terrace, extending from Riverside Boulevard to Lot ~, Exchange Building Map and in depth, the full extent of each Lot designated to a lO-foot alley, said lots bearing Official ~umbers 1220512, 1220513, 1220514, 1220515, 1220516. 1220517 and 1220518, respectively, be, and the arehereby changed from General Residence District to Special Resideoce District and the Zoning Mop shall be changedin this respect.. The motion was seconded by Mr. Davies and adopted by thefollomlng vote: AYES: Council members Davies. Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Moody ............ 7. NAYS: None .................. O. .~ ZONING: Council at its meeting of May ~1, 1955, having set a public hearing for 2:00 o'clock, p. m., July 5, 1955,,on the question, of rezoning from General Residence District to Light Industrial District property located on the north side ~f Cam~bel~ Avenue, S. W., between Seventeeet~ Street and Eighteenth Street, and ~otice of such hearing h~vingbeen published, in The Roanoke.~orld-News on June 10, 1055, the hearing was held at which no one appeared in opposition to the proposed rezoning. Mr~ B~nton O. Dillard, Attorney for th~ petitioner, appeared before Council and. presented an Ordinance, mhich he had prepared, providing for the proposed rezon- lng. · , Mr. #ebber moved to table the matter until the next regular meeting of Conncl and to refer theOrdinanceto the City Attorney for review and approval. The motion was seconded by Mr.,Hanes a~d adopted. ZONING: C~uncll. at its me,ting of May 31.1055, having set a public hearing for 2:00. o!clo~kt.p, m,, July S, 19~5, on the ~nestion of rezoeiug from Special Residence District to Business District property located on thewest Side Of William- son Road,.N..M., between Floraland Drive and Ravenwood Avenoe, atthe request of 301 #r. C. F. Hefuuver, ORe 5r thb pbtitio~ern, and 'a COmm'enlcu%iou f~om Hr. Kefuuver, asking ulthdrownl br the petition, having b~en preseutbd t~ the bad7 ut Its meeting of Juno 20, 1955, ut which timethe mitter wan tabled until the next ~egulnr meeting of Council for' which the public hearing wn~ set, the City Clerh advised that notice of the public hearing was not publishe'd at the reques*t of Hr, Hefnuver. #r, Haldrbp moved to concur in ~he recommendation of the City Planning Commission and deny thb request of ~he p~titioneru. The m orion mas seconded by Hr. Davies and adopted. ACADEHY OF HH$IC: Dr. E. G, Gill appeared before Coue¢ll~ nad re~uested that the'bad7 authorize submission to the freehold voters at the November General Electio~ the question~ Issuance of $1,~00,000o00 of bonds for the construction of a maniclpa~ auditorium in Elnwood Path, as previously requested by the Joint Civic Auditorium Committee and recommended' by a committee of Council consisting of Messrs. Arthur Owens. Chairman, Randolph G, ~Afttle. Harry E. Yates, ~alter L. ¥oae~ and Leigb Hanes, Jr.,appointed to study the report of the Joint Civic Auditorium Committee. Mr. Mebber moved to instruct the City Attorney to prepare an Ordinance. p~oviding for submission to the freehold voters at the ~0vember General Election the question of issuing $1oSO0,000.O0 of bonds for the purpose of constructing a municip; auditorium In Elmwood Park. The motion mas seconded by Nfs. Pichett and adopted by the following vote: AYES: Council members Pickett, ~aldrop, Nebber and Young ....... NAYS: Council members Davies. Hanes, and the President. ~r. ~oody ..... PETITIONS AND COR~UNICATIONS: PURCHASE OF PROPERTY-s~rBACK LINES: A communication from Mr. Clifton A. tWoodrum. Jr.. Attorney for Mrs, Eddie ~. Hrinton, advising that she is the owner of ~Lot 20, Section 2. Neadorland0 situated on the northeast corner of ~illcrent Avenue land Liberty R'oad, N. ~.. facing 50 feet on Rillcrest Avenue and extending along Liberty Road 140.45 feet. that the city by Ordinance No. 9~77. adopted on April 4, l~4~.:establiahed a setbach line 35 feet from the center line of Liberty Road on both sides of the street, mhich setback line encroaches 20 feet on Mrs. Brlnton*s property and reduces the lot to aa effective ~idth for building purposesto 20 feet, and requesting that Council purchase the entire, lot for tho City of Roanoke, was before the body. Mr. ~aldrop moved to take the matter under consideration for study by · members of Council. The motion was seconded by Mr. Hanes and adopted. ZONING: A communication from Mr, Leigb Heroin. requesting that a 5.2 acre tract of land located on the south side of Brandon Avenue, $. ~., west of Langdon Road, be rezoned from General Residence District to Business Oistrtct~ was before Council. Xn this connection, Mr. John A. Gregory, 252~ Drandon'Avenue, $. W~, appeare~ before Council in opposition to the request and was informed tha~ before any action is taken on the request Council will hold a public heaving, at mhich time he can be heard in the matter. Mr. Hnnes ~en moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mrs. Pichett. and adopted. STREETS AND ALLEYS: A communication from Mr. ~alter #. Need, Attorney, requesting that Twentieth Street, S. E., and Twenty-first Street,'S. E., f~om Wise Avenue to Tinker Creek, and all alleys in the area between Hise Avenue and Timber Creek east of Nineteenth Street, extended, be permanently vacated~ discontinued and closed, wan before Council. #~, Number moved to refer, the matter to the City Planning Commissiou for at.n~y a~d ~ecommendotion. and that #r, Mood be requested to prepare a proper Resolu- tion, appointing viewer~, said Resolution to he presented .to Council at its ~e~t regular meeting. The motion mas seconded by Hr, Hanes and adopted. ZORIRG: A communi~ation from Rt, G, i. Reed,.Jr,, Attorney for Mr., Earl A, Much, requesting, rezoniog from General Residence District to Hosiness District property located on the north side of Jamison Avenue, S. £., beginning MO feet west of Thirteenth Street and extending 160 feet to the west, mss before Council, Hr. Manes moved to refer the request to the City Planning Commission for study and recommendation. The notio~ was seconded by Mr. Davies a~d adopted. PLANNING E~GI~EER: A communication from Miss Virginia G, Raikes, commending Mr. J. Raymond Hildebrand for his consideration and aid in assisting her in an urban study while a student of. Concord College. Athens. West Virginia. was before Council. The communication was filed, REPORTS OF OFFICERS: PURCHASE OF PROPERTY-TRAFFIC: Council at its me,ting of May 16. 1955. havln, directed the City Manager to study the question of securing additional land on the south side of Brandon Avenue. S. W.. at its intersection with Sherwood Avenue and Main Street, and report his recommendations, the City Manager reported that he has been in consultatiou with the owner of the property, but has been unable to secure the necessary information to date, and will submit his final report at a later date. The report was filed. BRIDGES-STADIUM: Council at it} meeting of May 31, 1955, having directed the City Hanager to contact the office of the O, S. Army. Corps of Engineers at Horfolk, Virginia, and ascertain if there is availablp a-surplus "Bailey b~ldge" which might be obtained and used for a crossing of Roanoke River between the Stadium amd South Roanoke Park, the. City Manager reported that he has contacted the Norfolk office of the U, S, Army Corps of Engineers and has been referred to other Amy headquarte] further, that there will be a delay in the submission of his final report. The report was filed, GRADE CROSSINGS: The City Manager presented, preliminary plans and a cost estimate o~ $25,212,00 fOr the construction of a pedestrian underpass across Second Street to. the south of the ~merican Legion Auditorium and advised that if. such an underpass is to be constructed it should be done at an early date because of the progress of sorh on the Jefferson. Street Grade Crossing Elimination Yiaduct and Project : . Mr. Hanes moved to take the matter under consideration, The motion was secondedby Mr. Maldrop and adopted. : SEMER CONSTRUCTIOH: Council at its meeting of June 20,.1955o having referred a commnnication from Henpaul HOmes, Incorporated, requesting the construction of a sanitary semer project to serre certain properties in the Mllliamson Groves Addition to the City Manager for study and recommendation, the CityManager reported that he cannot recommend the coustrnct}on of the sewer on an assessment basis since the area has no dmellings, whereas, other sections of the city are built up an~ ar~ still being surfed by septic ta~ks, Mr, Davies moved to concur in the report of the City Manager and deny the requestof Henpaul Homes, Incorporated, The motion was seconded by Mr, Young and adopted, ' 303 304 Department of public Worhs for the month of May* 1955. The report mas filed. POLICE DEPARTMENT: The City Manager presented a report from the Police Department for the month of May, 1955. The report mas filed. TRAFFIC-GRADE CROSSINGS: Council at its meeting of June 6, 1955, having requested the City Manager to atudy the question of constructing a retaining wall along the north side Of the mast ramp of the Jefferson Street Grade Crossing Elimina tJon Viaduct on the south side of Norfolk Avenue east of Jefferson Street, in order ito permit the establishment of a parking area approximately 200 feet long and the i lnstallation of parking meters therein, the City Manager reported that provision has i already been made for parking along this area. i, Mr. Young moved to concur in the. report of the City Manager. The motion iwas seconded by Mr. ~aldrop and adopted. linstallation of street lights at various locations within the city. STREET LIGHTS: The City Manager presented a report, recommending the Mr. Waldrop moved to concur in the recommendation of th~ City Manager and offered the following Resolution: (m12435) A RESOLUTIO~ authorizing the installation of street lights at rario~ locations in the City of Roanoke. (For full text of Resolution, see Ordinance Book No. 20, page Mr. Waldrop moved the adoption of the Resolution. The motion mas seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pichett, Waldrop, Webber, Young, and the President, Mr. Woody ............... NAYS: None ..................... O. HEALTH DEPARTMENT: Council at its meeting of May 23, 1955, having directed the City Manager to look into the question of meat inspection for the City of Roanoh* under a recent act of the State Legislature and report his recommendations, the City Manager reported that after studying the state law he has had an Ordinance prepared by the Legal Department and approred by the Commissioner of Health for the City Of Roanoke which he presentedand recommended be adopted. Mr. Maldrop moved that the folloming Ordinance be placed upon its first reading pursuant to the recommendation of the City Manager: (m12436) AN ORDINANCE regulating the sale of meat and meat products in the ~ity~ defining certain words and terms for the purpose thereof~ providing penalties ,r its violation; and providing for its citation and effective date. ME IT ORDAINED by the Council of the City or Roanoke as follows: SECTION 1. For the purpose of this ordinance the following words and terms shall be construed respectively to menu: a. Animal. Cattle. Sheep, Smine or Coats, b. Commissioner of Health. The Commissioner of Health of the City Of Roanohe. c, Meat. The edible part of the muscle of cattle, sheep, swine or goats which is skeletal or which is found in the tongue, in the diaphrogw, in the heart or in the esophagns, with or without the accompanying overlying fat and the portions of bone, skin, sinew. nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout or ears. d. Meat My-~Foducts. Any edible part other than meat which has been derived from one or more cattle, sheep, swine or 9oats. e. Heat Food Product. Any article of food or any article intended for or capable of bela9 used as human food which is derived or prepared in whole or In .substantial and definite part from any portion of any cattle, sheep, swine or 9oat except meat extract and the like which are only for medicinal purposes and are advertised only to the medical profession. f. Product. Any part or all of meat, meat by-product and meat food product. SECTION 2. Ho meat cr meat product shall be displayed, held or offered for sale within the City of Roanoke unless such meat or meat product shall have been slaughtered, handled and/or processed under therules and regulations of the United States Department of Agriculture's Meat Inspection Service or those of the Virginia State ltealth Department*s Moat Inspection Service. The official legend of approval from either of the designated Meat Inspection Services appearing on the wholesale meat cuts and packages, shall constitute satisfactory evidence that such meats and meatproducts are in compliance with.this ordinance. SECTION 3. Nothing in this ordinance shall prohibit the sale of meat by a farmer from an animal raised and slaughtered under sanitary conditions on his farm, provided that'the carcass of such animal is first submitted for inspection, with the lungs, heart and liver attached, to, and is inspected and passed by. a veterinarian approved by the Commissioner of Health. .The actual .costs of such an inspection shall bt paid by the farmer. The inspecting veterinarian shall affix such stamp of approv~ as is designated by said Commissioner,. to all wholesale cuts that are passed. SECYION 4. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than $10.00 nor more than $500.00. .. · :. . SECTION 5. This ordinance shall be designated and cited as 'The Meat Ordinance of the City of Roanoke.~ SECTION 6~ This ordinance shall be effective on and after the 1st day of January. 1956. . The motion was seconded by Mr. Davies and adopted by the following vote: AYES:.Conncil members Davies, Manes,-Plckett. Waldrop, Jobber, Young, and the President. Mr. Woody ................. ?~ :-NAYS: None ....................... O. PANKS ANHPLAYGHOHNDS: TheCity Manager reported that the Zoo. Steering Committee appointeduoder Resolution No. 11317, adopted by Council on the ?th day of January, 1952. has completed its assignment, and recommended that the committee be discharged with the thanhs of Council. 306 Mr, Hobber moved to concur in'the ~ucomnendation'oY thb'CJty Yanug~r amd to direct the City Attorney to ~repure n Rebolutioo, dischnrgingthecommlttee' with the thanhs of Council, The motion was seconded by Hr. Davies and adopted, PAN~$ AND PLAY6BOUNOS:.The City #hunger preneoted'u pbtition fro~ tb~ Times- Norld Corporation, requesting the use~ the site on Rill Rountuin'formerl7 used by Radio Roanoke, Incorporated, as a temporary site for its television broadcasting facilities, at a rental of $10.00 per yeah beginning'July 1, 1V$$, and expiring June 30, 1956, with the right of renewal o~ an'onhual basis for four successive yearly periods, the City Manager recommending that the ~equest be granted. Hr. Young moved that Council Concur in ~he recommendation ~f the City Ranages and that the folloming Ordinance be placed upon its first reading: (u12437) AN ORDINANC£ granting unto Times*Vorld Corporation permission to nad occupy an area ?O feet bi UO feet, together mith improvements thereon, on. and near the top of, Hill Rcuntain, for the erection, maintenance and operation of a television transmitter, toner'and antenna, and requisite accessories thereon, upon the terms and conditions herein set forth. MHEg~A$, 7imes-#orld Corporation has netmail! petitioned this Council to grant it the privilege of erecting, maintaining and operating a television trans- mitter, tumor and antenna on, and near the top of Hill Rountnlu. and ~ER£AS, the late Junius B. Pishburn and ~race P. Fishburn. his wife. by deeds of gift dated Febrnar; 1% 1941, and Rarch 19, 1942, mhtch deeds mere dui7 recorded in the Clerk's Offices of the Hustings Court of the City of Roanoke, and of the Circuit Court of Roanoke Count~, Virginia, did conve? and grant to the City o~ Roanoke. certain real estate therein =ore particularly described. Including real on the top of Rill Hountain. ia which deeds the grantors reserved unto them- noires, their heirs and assigns, the right and privilege of erectin'g, constructing nad maintaining broadcasting tomers and other instrumentalities upon an~ portion of the granted real estate autuall~ agreeable to the Ctt~ Of Roanoke and the grantor~ and #HEREAS. b! deed of assignment dated April 15o 1942. Jnnius B. Flshbnrn. and wife. assigned the aborn mentioned reserved rights unto Tlmes-~orld Corporation. and MREREAS. bl Ordinance ~o. 1159g. enacted by the Council of the Cit~ of Roanohe. ¥1rginia. on October 27. 1952. Radio Roano[e. Incorporated. was granted the right and permission, by the City of Roanoke. to use the aforesaid area for t~e erection and operation of a television transmitter, to,er and antenna and necessary accessories upon certain terms and conditions therein set forth, and R~EEAS. Radio RoanoAeo lac.. has ceased operating its .television broadcast- ing station, has sold its tomer On the aforesaid site to Tlmes-~orld C6rporation. and has abandoned the site on Rill Rountain granted it under said ordinance, and RBE~EAS. under the provisions of said 'o~dinance. title '~o the building erected b~ Radio Roanohe. lnco. on said site has vested in the CitE of-Roanohe, and · N~JlEAS. Times-~orld Corporation has pending, before the Federal Communica- tions Commission. an application for assignment to it. as its permanent telerisiou transmitter site. a designated location on Poor Monntatn. but on acconnt of other conflicting matters before lt. that Commission in unable, at this time. to grant Times-~orld Corporation its requested assignment of a transmitter site on Peer Mountain.'and. accordinglE, such application.may not be a~ted upon favorably by the Federal Communications Co~issien for an lndefiaiteperiod of tiao. and WHEREAS, Times-World Corporation, ia an effort to lake available ut the ear- iieot possible moment · second telerislon broadcasting service to the citizens of the ~ity of Roanoke, Virginian and surrounding area. bas obtained a special temporar! authorization from the Federal Communications Commission to construct and operate · television transmitter on Hill Hountain. THEREFORE, RE IT ORDAIRED by the Council of the City of Roanoke, as follows: That, subject to such rights as Radio Roanoke,.loc** may have in the premisel rines-Horld Corporation be, and it is hereby, granted the authority and permission use and occupy that certain site 70 feet by 80 feet on, end near .the. top of, Hill Mountain, formerly used and occupied by Radio Rcanohe, loc** together mith the lmprov neats thereon, for the purpose of erecting, maintaining and operating a television transmitter, tower and antenna and requisite accessories thereto for a period of one year from the effective date of this ordinance upon the terms and conditions herein set forth: (1) Tines-Horld Corporation shall pay, as rental, in advance, unto the City of Roanohe, Virginia, the son of Ten Dollars ($10.00) per year, (2) No advertising signs shall be placed upon the aforesaid site other than an appropriate snail identification sign. to be approved by the City Manager. (3) Tines-Norld Corporation shall pay all the costs and expenses incident to the operation and maintenance of the premises, including the improvements thereon. during the term of its occupancy hereunder, and .shall deliver the premises to ,the City of Roanoke at the end of the term hereof in. as good condition as they now exist, ordinary wear and tear excepted; provided, however. Tines-World Corporation shall have the right to remove its transmitter, tower and antenna and other equipment from the premises at any time before the end of the term of .its occupancy or within a reasonable time thereafter. .- (4) Tines-World Corporation shall erect and maintain its tower and protective lightingthereof in strict accordance with the rules and regulations of the Civil Aeronautics Administration. (5) Times-World Corporation is further given, the right and option, by giving written notice to the City Manager of the City of Roanoke, at least 10 days before the expiration of the original term, or any renewed, term,- to renew such right and privilege for 4 consecutive yearly periods, subJectto the same term~ and conditions applicable to the original one-year term, ,. (&)That,prior to the effectlvedate of this ordinance, Tines-World Corpora- tion shall execute the original of said prdlnance, by its properly authorized officers as evidence of its acceptance of the privileges herein conferred and its agreement to comply with. the conditions, herein imposed. . ... Signed in accordance with and for the purposes stated in para- graph ~ above. TiHEs-WORLD CORPORATIdN Iii By (Si~ned) M. ~ lrmistead, · President ATTEST: ..... ' I' '' *' ' ' ' (Si~ned),Harton W. Morris~ Jr. -. Secretary The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES:'Council members Davies. Hanes. Pickett. Maldrop. Webber. Young. and the Presidenl. Mr. Wo~d~L .......... ?. NAYS: Nooe ................. O. REPORTS OF CONNITTEIS: NONE, ........ UNFINISHED BUSINESS: NONE, · -' CONSIDE~ATION OF CLAIMS: NONE. ' .' : ·' INTRODUCTION AND CONSIDERATION OF ORDINANCES *AND RESOLUTIONS: STREET AND ALLEYS: Ordinance No. 12431, granting to Southern States S'onnoke Cooperative, Incorporated, 'the ~lght 'to encroach on Cl~y pro~nrty in 'cosa~Ction with the construction of a new building, remodeling o! aa existing building and construct! Of a retaining wall on Its property at the northwest corner or Mountain Avenue and Fourth Street, S. Eo, having previously been bero~e Coencil for its first reading, read and laid over, was again beforethe body, Nra. Pickett offering the following for its second reading and final adoption: (n12431) AN ORDINANCE granting permission to Southern States Roanoke Coopera. tire, Incorporated, to construct and maintain certain encroachments on the north side of #onntain Avenue, S. E., between 3 1/2 Street and 4th Street, and on the east side of 3 1/2 Street. H. E., north of Mountain Avenne.'upon certain terms a'nd conditions. (For full text of Ordinance, see Ordinance Dank No. 20, Page 472.) Wis. Pichett moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Banes, Pickett, Waldrop, #ebber, Young, and the President, Hr. Woody ........... 7. NAYS: None ................. O. ZONIHG-SETHAC~ LINES: Council at its meeting of June 20, 1955, having directed the preparation of an Ordinance, establishing a setback line on the east side of Country Club Drive. N. W** between Melrose Avenue and the property of the Roanoke Country Club, Mr. Hanes moved that the following Ordinance be placed upon its first reading: (~12438) AN ORDINANCE establishing a building setback line on the east side of Country Club Drive, N. W** between Melrose Avenue and the property Of the Roanoke ~ountFy Club, said setback line tn be located 20 feet easterly from and parallel to the present established east line of Country Club Drive, between said Melrose Avenue and the property Of the Roanoke Country Club, to provide faf the widening of Country ~lub Drive, N. W** between said points to approximately 50 feet. WHEREAS. notice has been duly published as required by law and the property in the affected area notified that Council would hold a public hearing on the 20th day of J~ne. 19SS, at 2:00 oUclock, p. m., in the Council Chamber in the Munici- pal Building, Roanoke, Virginia, on the question of establishing a setback line on th east side of Country Club Drive, N. W** between Melrose Avenue and the propertyof tb Roanoke Country Club, the said llne to be located 20 feeteasterly from and parallel to the present established east line of Country Club Drive, between said Melrose Avenue and the property Of the Roanoke Country Club, to provide for the widening of Country Club Drive, N. #., between said points to approximately 50 feet, and WHEREAS. the said hearing was held at the time and place aforesaid before the Council of the City of Roanoke. at which hearing all property owners in the affected and all other persons were given an opportunity to be heard on the question but one appeared in opposition to the question of establishing such building setback line, and WHEREAS, the Hoanoke. CityPlannlng Commission. having previously studied the has recommended and approved the establishment of a b~ilding setback line on said Country Club Drive, ~. W,,,fo.r the purpo, se.~er~nabove staled, and WHEREAS, after hearing all the evidence submitted, Council is of the opinio~ that said. building setback line should ~e estabilshed. THEREFORE, DE IT ORDAINED by the Council or the City of Roanoke that a building setback line be, and the same Is hereby, established on the east side or country Club Drive. N. W** between Melrose Avenue and the property of the Roanoke Coontry Club, the said building setback line to be located 20 feet easterly from and )arallel to the present established east line of Country Club Drive, between said Melrose Avenue and the property of the Roauoke Country Club, to provide for the widening of Country Club Drive, N. U.. betmeen said points to approximately SO feet, BE IT FURTHER ORDAINED that no building hereafter erected on the east side of Country Club Drive, N. W., betmeen Melrose Avenue and the property of the Roanoke Country Club, shall extend over said building setback line as established by the provisions of this ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies. Banes, Pickett. Yaldrop, Webber, Young. and the President, Mr. Moody .......... 7. NAYS: None--~ ............. O. SE~fAGE DISPOSAL: Council at its meeting of June 20, 1955, having directed the preparation of an Ordinance, appropriating the necessary funds and authorizing )alment to Wiley N. Jackson Company in the amount of $16,113.72, covering mork accomplished in repairing the dam to the west of Wasena Park, Mr. Davies offered the following emergency Ordinance: (a12439) AN ORDINANCE amending and reordalning the second ordaining clause of Ordinance No. 12302, ~opted by this Council as an emergency ordinance on the day of January, 1955, making appropriations from the Sewage Treatment Replacement Reserve Fund for Capital Replacements; and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 20, Page 474.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted bI tho folloming vote: AYES: Council members Davies. Hanes, Pickett, Waldrop, Webber, Young. and the President, Mr. Woody ........... NAYS: None ................. O. MOTIONS AND MISCELLANEOUS BUSINESS: AIRPORT: Mr. Davies stated that the restaurant at the Roanoke Municipal Airport is unsatisfactory and should be improved since it is affording bad publicity for the city and moved to direct the City Manager to give farther study to securing an operator for the restaurant and improving the service. The motion was seconded by Mr. Hanes and adopted. CITY CODE: Mr. Hanes stated that the City Clerkts office has almost complete work in bringing the City Code up to date and that in order to have the Code printed[ and delivered prior to the end of this year it will be necessary to award a contract in the next few weeks for its publication, Mr. Hanes suggesting that a committee of Council be appointed to work with the City Clerk in completing the details necessary to the publication of the new City Code. Mr. Waldrop moved to appoint a committee consisting of Messrs. Leigh B. Bane Jr., Chairman. Walter L. Young, Roy L. Mebber, Arthur S. Owens and James N. KJncanon to work with the City Clerk and submit its recommendations to Council. Yhe motion was seconded by Mrs. Pickett and adopted. 309 310 There being mo further bmsiness, Council adjourned. ,A P.PR 0 V E D President 311 COUNCIL, REGULAR MEETING, Monday, July 10, 1955. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Hullding. Monday, July 18, 1955, at 2:00 o'clock, p. m** the regular meeting hour, mlth the President. Mr. Woody, presiding. PRESEHT: Counoil members Hanes, Pickett. Waldrop, Webber, Young, and the President, Mr. Woody ................... 6. ABSENT: Mr. Davies ............. 1. OFFICERS PRESENT: Mr. Randolph G. Mhittle, City Attorney, Mr. Harry R. Yates, City Auditor and Acting City Manager, and Mr. J. Robert Thomas, City Clerh. The meeting mas opened mfth a prayer by Dr. J. E. Davis, Pastor of Virginia Heights Haptist Church. MINUTES: Copy of the minutes of the regular meeting held on Tuesday, July 5, 1955, having been furnished each member of Council, upon motion of Mrs. Pickett. seconded by Mr. Waldrop and adopted, the reading mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p, m., July IH, 1955, on the question of rezoning from Special Residence District to Husiuess District property located on the west side of Thirteenth Street, $. W., between Cleveland Avenue and Campbell Avenue, being Lots 1-12, inclusive, Block 4, Mountain View Land Company, as requested by Mr. Henry C, Giles, et als, and the City Planning Commission under date of May 20, 1955, having recommended that the request be denied, and notice of the public hearing having been published In The Roanoke World-News under date of June 20, 1955, the hearing was held at mhich no appeared in opposition to the request for rezoning. Mr. Richard T. Edwards, Attorney for Ilenry C. Giles, Gertrude Williams, D. R. Ay*rs, H, B, Stone and Felix Parker, owners of the property in question. appeared and presented a communication from Mr. Parker, owner of Lots 10, 11, and 12, Joining in the petition originally filed, and a communication from seven property owners adjacent to the property of the petitioners, expressing their approval of the requested rezoning. Mr, Edwards stated that he was not' employed in the case until too late to appear before the City Planning Commission and present arguments in favor of the petitioners, Mr, Edwards advising Council that the petitioners* property is in such a s'tate Of disrepair that it will be uneconomical to place the property in such a condition to permit its rental to tenants who will pay enou9h rent to justify the expense because of its proximity to business and Industrial areas. Dr. Edwin J. Palmer also appeared in favor of the request of the *etitioners. Mr. Hanes stated that ie viem of the fact that Mr. Edwards was not in the early enough to appear before the City Planning Commission, he feels that the matter should be reconsidered, and moved to refer the question to the City Planning Commission for further study and recommendation to Council. The motion was seconded by Mr. Webber and adopted. '31 2 AIRPOR?: The City Manager having previously advertised for bids for taximay reconstractloa, including excavation, paving, drainage and other related items, at the Roanoke Municipal Airport. as provided for under Resolution No. 12323. adopted on the 7th day of Febraary. 1955. bida mere received froB Adams Construction Company. John A. Hall and Company. and M. S. Hudgins. Mr. Webber moved to refer the bids to Messrs. Arthur S. Omens. Raymond E. Plllom and Marshall L. Harris rot tabulation and report. The motion mas seconded by Mr. Waldrop and adopted. CELEBRATIONS: Mr. Shields Johnson. Chairman of the Steering Committee for the celebration of Roanohe*s Seventy-fifth Anniversary. appeared before Council and requested that the date far the celebration of Roaaohe's Sar nary-fifth Anniversary be changed from 1959. as set out in Resolution No. 12234. adopted by Council on thc 4th day of October. 1954. to the year 1957, for the reason that Roanoke nan originally established as a town in IH82 and theSteerlng Committee feels that this mas the true birth date of Roanoke rather than 1884 when it mas chartered as n city. Mr. Webber moved to concur ia the request of the Steering Committee and offered the foil,ming Resolution repealing Resolution No. 12234: (~12440) A RESOLUTIO~ repealing Resolution No. 12254. (For full text of Resolution, see Ordinance Book No. 20, Page 481.) Mr. ~cbber moved the adoption of the Resolution. The motion mas seconded by Mr. Hanes and adopted by the followin9 vote: AYES: Council members Hanes. Pickett. Waldrop. Webber. Young. and the President, Hr, Woody ......................... 6. NAYS: Hone ........................... O. (Mr. Davies absent) Mr. Waldrop then offered the following Resolution providing for the celebration of the Seventy-fifth Annirernary of Roanoke tn the year 1957: (u12441) A RE$OLUTIO~ appointing a Steering Committee to lay plans for the celebration of the 75th Anniversary of Roanoke. (For full text of Resolution, nee Ordinance Hook Ho. 20. Page 491.) Mr. Waldrop moved the adoption of the Resolution. The motion mas seconded by Mr. Hanes and adopted by the following vote: AYES: Conncil members Hanes, Pickett, Haldrop, Webber, Young, and the iPresident, Mr. Woody ..................... HAYS: None ....................... O. (Mr. Davies absent) PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: A petition from residents on Gearhart Road, S. E., requesting that the city pave Gearhart Road, mas before Council. The Acting City Manager reported that he bas investigated the matter and that sufficient funds for meeting the request are not available in the 1955 budget. Mr. Haldrop moved to refer the petition to the City Manager. T~lotion mas seconded by Mr. Young and adopted. STREET LIGHYS: A communication from the Appalachian Electric Power Company, reporting the installation ~f three 2500 lumen street lights and the removal of 21000 lumen street lights In the city daring the month of June. 1955. was before Conncil. The communication mas filed, STADIH#: A communication from the Stadium Advisory Committee, listing the follouing improvements to the Stadium in the order of their importance and requesting that they be accomplished out of the remaining funds derived from the Armory-Stadium bonds in the order listed, and that as many of the improvements as ossible be made and completed prior to October 1, 1g$$, was before Council: I - (a) Renewal and repairs to expansion Joints. (b) Pedestrian*s foot bridge not over 8* to 10' wide, from Weber Field to South Reanohe Parh, which should be located betmeen present fence enclosing Stadium and fence at east end of baseball diamond; this being necessary in order to utilize present entrances and avoid additional expense for additional ticket takers). 2 - Re-surface, repair and renew seat boards where necessary at Stadium, 3 - Re=Wire concession stands. 4 - Install hot water heaters for concession stands. S - Modernize and improve Press box. 6 - Re-install brick wall at South end of football field replacing present tin fence. T - Purchase modern type bleachers capable of seating 3.000 persons for ends of football field. Mr. Hanes moved to refer the matter to the City Manager for study, )reparation of cost estimates and recommendation to Council. The motion mas seconded by Mr. Maldrop and adopted. ROANOKE PUBLIC LIBRARY: A communication from the Virginia Chapter, American Institute of Architects. by Its President, Mr. it. B. Boynton. transmitting an Award of Merit for excellence in design of the Roanoke Public Library to the City of Roanoke. was before Council. Mr. Hanes moved to accePt the Award and direct the City Clerk to express Council's appreciation to the Virginia Chapter of the American Institute of Architects and transmit the Certificate to the Director of Libraries to be placed in the main library. The motion ms seconded by Mrs. Pickett and adopted. REPORTS OF OFFICERS: FIRE DEPARTMENT: The City Manager reported the retirement of Mr. H. M. Mullias as Chief of the Fire Department and the appointment of Mr. John ¥. Brown Acting Chief of theFire Department and Mr. Luther C. Ktngery as Acting Assistant Chief of the Fire Department, effective July 15, lB55. Mrs. Pickett moved to file the report of the City Manager and award to Mr. Mulltns a Certificate of Merit for his services. The motion was seconded by Mr. Hanes and adopted. PLUMRING CODE: The City Manager presented a recommendation from the Ouilding Inspector that a study of the Plumbing C~de be made with a view of amending it to permit the installation of more modern plumbing systems and recommended that a committee composed of the Huilding Inspector, the Plumbing Inspector, one representative of the building trade, one representative of the plumbing trade and one sanitary engineer be appointed for this purpose. Mr. Webber moved to concur in the recommendation of the City Manager and to Instruct the City Manager to recommend to Council by name the persons who might be appointed to such a committee from the building and plumbing trades and the sanitary engineering profession. The motion was seconded by Mr. Young nad adopted. '313 814. BUDG£T-MILLITART COMPANIRS: The City Mnnager reported that the account for rental of the National Guard Armories contained fa the 1955 budget is insufficient for requirements because of the delay in the erection or the new Armory and requested a transfer of $675,00 from Utilities to Rental in the Militia account of the 1955 budget. Mr. Ualdrop moved to concur in the request of the City Manager and offered the following emergency Ordinance: (a12442) AN ORDINANCE to amend and reordalu Section a68. Wgilltia'. of the 1955 Appropriation Ordinance, and providing for an emergency. (For fall text of Ordinance, see Ordinance Doge No. 20, Page 4e2.) Mr. Maldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Hanes, Pickett. Maldrop. Mebber, Young, and the President, Mr. Woody ................... 6. NAYS: None ..................... O. (Mr. Davies absent) BUDGET-PARRS AND PLAYGROUNDS: The City Manager reported that he has been able to secure for temporary use an area to the west of Garden City Boulevard, S. E., between Davenport Avenue and Sample Avenue, as a baseball park for'tEe youngsters in the Garden City area, and requested an appropriation of $40.00 for rental of land under the Parks and Recreational Areas account of the 1955 budget to pay for thc rental thereof. Mr. Webber moved to concur in the request of the City Manager end offered tee following emergency Ordinance: (~12443) AN ORDINANCE to amend and reordain Section ~111, *Parks and Recreational Areas', of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 463.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr, Woody ....................... 6. NAYS: None ......................... O. (Mr. Davies absent) PARRS AND PLAYGROUNDS: The City Manager reported that he has been able to secare a permanent easement across certain land of the ¥trgiolan Railway Company paralleling Roanoke River between Wasena Park and a point to the west of the Carter Lumber Company property for the construction and maintenance of a highway and parkway along the river and recommended the acceptance of the easement by Council. Mr. Hanes m~ved to concur in the recommendation of the City Manager and offered the following Resolution: (#12444) A RESOLUTION expressing this Council's willingness to accept from the Virginian Railway Company a proposed indenture granting unto the City of Roanoke an easement in and to 4.09 acres for highway and park purposes; and authorizing tee proper City officials to execute said instrument. (For full text of Resolution, see Ordinance Book NO. 20, Page 483.) Mr. Hanes moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: .. 3t5 AYES: Council members Hanes° Pickett° luldrop, lebber, Young, and the President, Mr, ~ood7 ..................... HAYS: Hone ........................ O. (Mr, Davies absent) Hr. Mebber then moved to instruct the City Henager to furnish Council an estimate of the cost of completing #iici Drive from South Roanoke Park to ·asena Path, including oecessary bridges, fight-of-may and other costs. The motion was secooded by Mr. ~aldrop and adopted, DEPARTMENT OF PUBLIC MELFARE: The City Manager presented reports covering the expenditures and activities of the Department of Public lelfare during the month of May, 1955, in compliance with Sections 63-67.1 and 63-67.2, Code of Virginia. The reports mere filed. REPORTS: The City Manager presented a report from the Department of Parks and Recreation for the month of May, 19S5; also, reports from the City Market, the Delinquent Tax Department. the Department of Buildings, the Electrical Department and the Purchasing Department for the month of June, 19SS. The reports were filed. BUDGET-PARKS AND PLAYGROUNDS: The City Manager reported that an inspection of the public toilets in the parks revealed that for the most part they are in deplorable condition because of the antiquated condition of the fixtures therein and the vandalism of vagrants in the parks and recommended a transfer of $1.1~7.25 from Parks under Departmental Equipment and Improvements account to Repairs in the Parks and Recreational Areas account of the 1955 budget for the purchase of new fixtures for a portion of the toilets. Mr. Waldrop moved to concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (:12445) AN ORDINANCE to amend and reordain Section ~111, *Parks and Recreational Areas** and Section ~143, 'Departmental Equipment and Improvements*, of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ho. 20, Page 484.) Mr. #aldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the folloming vote: AYES: Council members Hanes. Pickett. Waldrop. Nebber, Young, and the President, Mr. Woody .................... NAYS: None ...................... O. (Mr. Davies absent) Mr. Webber tl~nmoved ~ direct the City Manager to take necessary police action to prevent further vandalism in the public paths. The motion was seconded by Mr. Young and adopted. BUDGET-LIBRARIES: Council having previously directed the City Manager to study the valnable papers policy at the Roanoke Public Library and to report with reference to its coverage, the City Manager reported that the insurance policy covers the books and valuable papers in the library to the value placed thereon by the Llbrarianin the maximum amount of insurance for each location and recommend that an appropriation of $421.96 be provided for the payment of the'premium thereon, the City Manager advising that the policy bas been in force since the erection of the new library and that the premium was omitted from his recommended budget for 1955 through oversight. Mr. Young moved to c,Boar in the recommendation of the City Manager and offered lhe r,Il,wing emergemc7 Ordinance: (n12446) AN ORDINANCE to amend nod reordoin Secllon mi21. 'Libraries". oS the 1955 Appropriation Ordinance. god proyJdlmg for on emergency. (For full text of Ordiosuce. see Ordinance B.oh No. 20. Page 484°) Mr. Young moved the adoption or the Ordinance. The m,lion ua, seconded by Mr. Moldrnp and adopted by the ~ollowiog vote: AYES: Council members Banes. Pickett. Maldrop. Mehber. Young. nad the Pre,ideal. Mr. Moody ................... 6. NAYS: None ..................... O. (Mr. Bavies absent) FIRE DEPARTMENT: The City Manager presented a tabulation of bids for gem fire al.Fa equipment which were submitted by the Ga~ewell Company and the Engineering Corporation in response to a request by the Purchasing Agent. It appearing that a deduction of $508.00 from the base bid of the Gamemell Company for reduction of capacity of stand-by batteries from tmemty-four to twelve hours and a deduction from the base bid of she D~B Engineering Corporation of $500.00 for reels and recorder have been recommended for acceptance. Mr. Webber moved to refer the bids to the City Manager for a report to Council on whether both bids were submitted In accordance with the clty*s specifications, and if so, that the matter of deductions therefrom be explained. The motion mas seconded by Mr. Maldrop and adopted. Mr. Webber stated that from the bids received it would appear that approximately $6,000.00 will be left in the Fire Alarm Equipment account of the lgS$ budget after the purchase of the central office equipment and moved to direct the City Manager to study the question of using such funds for the extension of the fire alarm system in needed areas of the city and rep oft his recommendation to Council. The motion was seconded by Mr. Ma ldrop and adopted. BUDGET-SEWERS: The City Manager requested an appropriation of $3,500.00 to provide for refunding excess sewer assessments collected in connection with the Mountain View Terrace sewer project and the Clarence L. PofY sewer project, Mr. Waldrop moved to concur in the request of the City Manager and offered the following emergency Ordinance: (m12447) AN ORDINANCE to amend and reordain Section m154, *Refunds and Rebates', of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Oook No. 20, Page d85.) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Mr, Webber and adopted by the following vote: AYES: Council members Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody ..................... NAYS: None ....................... O. (~r. Davies absent) SEWERS: Council at its meeting of June RO, 1955, having directed the City Manager to restudy the matter of the complaint from citizens residing on Mount Vernon Road and Brandon Avenue, S, W,, concerning sewers flooding their homes during storm periods, and to determine if it is practicable to install a check valve on the O-inch line serving the properties in question` to correct the condition, and to report his recommendations, the City Manager submitted a report or the City Engineer, advising that a check on the ground indicated that the floor elevation of the houses above the flow line of the sewer in question ranges from 0.6T feet to !.38 teem. that when the fl-Inch sewer line Is flowing full sewage beths 111o the basements or the houses, that the installation or u bach water trap in the wain lire would be impractical Bud would probably do more damage to the homes than is caused by present conditions, that the City of Roanoke does not guarantee basement drains and that such conditions as those complained of become the responsibility of the private owner, the City Engineer suggesting that the condition wight be remedied by eliminating floor drains in the basements of the homes, or by individual property owners installing a bach water trap on their individual sewer line. or by the individual property owner installing a cut off in his sewer line which could be closed in times of flood conditions. The report further advised that the sewer line was installed by the land company prior to annexation in 1943, Mr. Young moved to refer the report to the City Attorney for study and advice to Council of the city's obligations in the matter. The motion was seconded by Mr. Banes and adopted, SEMERS: Council at its meeting of June 20, 1955, having referred to the City Attorney for advice as to its legal aspects a report of the City Manager on the complaint of Mr. #. M. Elmore. 933 Bunt Avenue, N. W., for relief from an unsatisfactory sewer condition on Ilunt Avenue, the City Attorney reported that the sewer in question was constructed by C. C, Jacobs under o contract doted May 29. 1946, between Mr. Jacobs and the City of Roanoke, which contract provided thot Mr. Jacobs, at his sole cost and expense, complete the sewer line in question in a manner satisfactory to the City Engineer and upon lines and grades prescribed by him; that upon annexation of the area by the city, the sewer main would become the property of the city without the payment of any compensation therefor and the city would also be vested with and become the owner of an eosement for said sewer main with the right of. convenient ingress and egress for the maintenance and repair thereof; that no additions or extensions to the main would be made without the consent of the city first obtained, the City Attorney further advising that the area was annexed to the city on January 1, 194g, that as of that date the sewer became the property of the city and the city also Was vested with ond became the owner of the eosement for said sewer, and, accordingly, on that date, the sewer main became a part of the city*s sanitary sower system and from that date it became the city*s obligation to maintain and repair it. Mr. Webber moved to furnish a copy of the City Attorney's opinion to the City Manager with instructions to prepare and furnish to Council an estimate of the cost for relocation of the sewer as requested by Mr. Elmore. The notion was seconded by Mr. Waldrop and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: ZONING: A communication from Rt. Charlie N. Young, requesting that the lrear portion of his pro~ert~ located on the northwest corner of Garden City Boulevard and Yellow Hountain Road, S. E., be rezoued from General Residence District to Business District, having been before Council at its meeting of June 6, 818 1955, end referred to the City Planning Commission for study old recommendation, the Commission reported that in its opinion the renoning of the property mould adversel attach the Melees of the nearby residences nad that sold property should not be rezonedl consequently, the Planning Commission recommended the denial of the tuques Mr. Mebber moved to table the matter until the next regular meeting of Council and to instruct the City Clerk to ascertain mhether or not Mr. Young desires a public hearing on tke question. The motion was seconded by Mr. raldrop and adopted, PURCHASE OF PROPERTToSTREEYS AND ALLEYS: A recommendation of the City Manager that the city acquire a small parcel of land on the southeast corner of Second Street and Franklin Road, S. M.. for the purpose of cutting back the corner. having been referred to the City Planning Commission for study and recommendation by Council at its meeting'of June 20, 1955, the Commission reported that in its opinion the street intersection would be improved by rounding off the corner and that the property necessary to do so should be acquired before permanent improvement are made on the private property; therefore, the Planning Commission recommended that a portion of Official Lot No. 1013201, to provide for a 25-foot radius at the property line, be acquired by the city. Mr. Young moved to concur in the recommendation of the City Planning Commission and to direct the City Manager to negotiate mith the owners of the property for the purpose of securing a price for the portion required by the city. end if he is unable to secure a price from the property owners, to have the portion required by the city appraised and report to Council. The notion was seconded by Mr. Hanes and adopted. SEWER CONSTRUCTIOn: Bids for the construction of a sanitary sewer to serve ithe area of Mountain ¥lem Terrace. Berkeley Avenue and Ouddfng Street, S. having been received by Council at its meeting of July 5, 1955, and referred to committee composed Of Messrs. Arthur S. Owens, John L. Wentworth and B. Cletus Broyles for tabulation, the committee Submitted its report of the tabulation as follows: Pioneer Construction Company. Incorporated. $6,196.75; M. S. Hudgins. $7.620.45; Stone and Nebber Construction Company, Incorporated, $7,?H?.gg; Draper Construction Company. $8.013.34; Aaron J. Conger, $9,250.40; Corer Construction Company. Incorporated. $B,707.00; and Gimbert and 6imbert, Incorporated, Mr. Young moved to file the report of the committee and offered the follomiog Resolution: (~1244B) A EESOLDTIO~ accepting the proposal of Pioneer Construction Company, Incorporated. Roanoke. Virginia, for the construction of an B-inch sanitary sewer in the vicinity of Mountain Vies Terrace. S. M., in the total sum of $6.196.75; authorizing and directing the City Manager to execute the requisite contract; and providing for an emergency. (For fnl! text of Hesolntton. see Ordinance Boob NOg 20. Page 495.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Maldrop and adopted by the following vote: AYES: Council members Hanes, Pichett, #aldrop, Nebber, Young, and the President, ~r. ~oody .................. NAYS: None .................... O. (Mr. Davies absent) CONSIDERATION OF CLAIMS: NONE. INTRODDCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONSz STREETS AND ALLEYS: Ordinance No. 12433, vacating, discontinuing nnd closing Glencoe Street. S. E** between Nnbry Avenue and Blanton Avenue, having previously been before Council for its first reading, read and laid over, was again before the body. Hr. Hanes offering the following for its second reading and final adoption: (#12433) AN ORDINANCE vacating Glencoe Street, 5. £., which runs from the south side of Nabry Avenue to the north side of alanton Avenue, as provided by Section 15-766 of the 1950 Code of Virginia, as amended. (For full text of Ordinance, see Ordinance Book No. 20. Page 475.) Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by ars. Pickett and adopted by the following vote: AYES: Council members Banes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ..................... NAYS: None ....................... O. (Mr. Davies absent) ZONING: Ordinance No. 12434. rezoning property located on the north side of Wasena Terrace, S. W., between Riverside Boulevard and Thirteenth Street, from General Residence District to Special Residence District, having previously been before Coancil for its first reading, read and laid over, was again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (UlR434) AN ORDINANCE to amend and re-enact Article I, Section 1, of Chapter SI of the Code of the City of Roanoke, Virginia. in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 20, Page 476.) NFS. Pickett moved the adoption of the~dinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Banes, Pichett. Waldrop, Webber. Young, and the President, Mr. Woody ........................ 6. NAYS: None .......................... O. (Mr. Davies absent) BEALTH DEPARTMENT: Ordinance No. 12436, regulating the sale of meat and meat products In the City of Roanoke. having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Webber offering the following for its second reading and final adoption: (=12436) AN ORDINANCE regulating the sale of meat and meat products in the City; defining certain words and terms for the purpose thereof; providing penalties for its violation; and providing for its citation and effective date. (For full text of Ordinance, see Ordinance Book No. 20. Page 477.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Banes and adopted by the following vote: AYES: Council members Banes, Pickett, Waldrop, Webber, Young. and the President, Mr. Woody ..................... NAYS: None ....................... O. (Mr. Davies absent) PARKS permission to Incorporated. certain terms reading, read AND PLAYGROUNDS: Ordinance No. 12437, granting Times-World Corporation use the site on Mill Mountain formerly used by Radio Roanoke, as a temporary site for its television broadcasting facilities, upon and conditions, having previously been before Council for its first and laid over, was again before the body, Mr. Waldrop offerinR the -'319 following for its second rending and final adoption~ (n12437) AN ORDINANCE granting unto Times-Norld Corporation perwi'sslon to use sod occupy an area ?0 feet by DO rent, together with improvements thereon. on nnd near the top of #ill Mountain for the erection, maintenance end operntl0n or a television transmitter, tower and antenna, and requisite accessories thereon. upon the terms and conditions herein set forth. (For full teat of Ordinance, see Ordinance Book No, 20, Page 4?8.) #r. Mnldrop moved the adoption of the Ordinance. The motion mas seconded by Hr, Young and adopted by the follomlng rote: AYES: Council members ~aeen, Pickett, Maldrop, Mebber, Young. and the President, Mr. Moody ..................... NAYS: None ....................... O, (Mr. Davies absent) In this connection, the City Manager having presented to Council at its meeting of Rarch 21. 1955. a request iron Radio Roanoke, Incorporated. that it be relieved of further payments of rent for its television transmitter site on top of Mill Rountain as granted under Ordinance No. 11599, adopted on the 27th day of October. 1952, by reason of the fact that it had transferred its television assets to Times-Morld Corporation under date of January 15, 1955. at which tine Council referred the matter to the City Attorney for study and report as to the legal aspects of the matter, the City Attorney reported that there Is no legal reason to prevent Council granting the request; whereupon, Mr. Hanes moved that the following Ordinance be placed upon its first reading: (~12449) AN ORDXNAHC£ relieving Radio Roanoke, Incorporated from payment of rent due the City, pursuant to the provisions of Ordinance Ho. 1159g, from and after the First day of March, 1955; and exercising the City*s election to require said Corporation to leave any building erected on Mill Mountain, pursuant to said Ordinance, to be the property of the City. MHEREAS, agreeable to the request of Radio Roanoke, Incorporated, this Council, on the 27th day of October. 1952, adopted Ordinance Ho. llSgg, granting unto said Corporation, among other things, *the a authority to erect a telerlaion antenna and tower and requisite accessories thereto on a 70* x 60' site on, Mill Mountain *~, and lawfully operate the same for a period of ten (10) years t* for a rental of $1,000.00 per year, ~ayable monthly in advance; and NHEREAS, the said Radio Roanoke, Inc., after lawfully accepting and agree~g to the provisions of said Ordinance, proceeded to erect on the land leased, among other things, a building to house its transmittal equipment and otherfacilitles; RREREAS, ordaining clause '3' of the aforesaid Ordinance No. 11599, tater alia. provides. ** that upon abandonment of the site by the corporation, the City may, at its election, require the corporation to leave any buildings erected thereon for the use of and to be the property of the City and at no cost to the City'; and MHEREAS, Radio Roanohe, Incorporated, has ceased operating its television broadcasting station, has sold its tower on the aforesaid site to Times-Morld Corporation, has abandoned the site on Mill Mountain granted It under said Ordinance No. llSgg and has requested this Council, in writing, that it be relieved from payments of rent, parsnant to the proyJ$lons of the last-mentioned Ordinance, from and after the First day of March, 1955; mhich last-mentioned request this Council is agreeable to granting. THEREFORE, HE IT ORDAIHEH by the Council of the City of Roacohe cs follows: 1. That, agreeable to the last proviso of ordaining clause 'aa of Ordlcnace No, 11599, adopted by this Council on the 2Tth day of October, 1952, the City of Roanoke doth hereby exercise its election ned requires Radio Roacohe, Incorporated, to leave any buildings erected on Rill Mountain, pursuant to the authorization contained in the last-mentioned Ordinance. for the use or and to be the propertyof the City or Roanoke and at no cost to said City; 2. That Radio Roanoke, incorporated, he, nad it fs hereby, relieved from payment of all rent due by it unto the City. purauant to the aforesaid Ordinance. frow nnd after the First day of March. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Hanes. Pickett, Maldrop. Mebber, Young, and the President. Mr. Woody-~ .................... NAYS: None ........................ O. (Mr. Davies absent) ZONING-SETBACK LIH£S: Ordinance No. 12439, establishing a building setback lice on the east side of Country Club Drive, N. W., between Melrose Avenue and the property of the Roanohe Country Club, having previocsly been before Council for its first reading, read and laid over, was again before the body, Mr. Young offering the following for its second reading and final adoption: (c12430) AN ORDINANCE establishing a building setback line on the east side of Country Club Drive, N. W., between Melrose Avenue and the property of the Roanohe Country Club, said setback line to be located 20 feet easterly from and parallel to the present established east line of Country Club Drive, between said Melrose Avenue and the property of the Roanoke Country Club, to provide for the widening of Country. Club Drive, H. W., between said points to approximately 50 feet. ~ (For ~ull text of Ordinance, see Ordinance Rook.~o. 20, Page ~Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Hanes and adopted by the following vote:: AYES: Council:members Hanes, Plckett,.Maldrop, Webber, Young, and the President; Mw, Woody .... ~ .... ~ ............ 6. · NAYS: None-~, O, .(Mr. Davies:absent) . ~STREETSAND ALLEYS: Council:atits meeting.of July 5, 1955, having received o communication from Mr. Melter W;.Wood~.Attorney for. R. Fletcher Epperson and Marion S. Battle, requesting that nil streets and alleys located on property lyingeast of Wise Avenue, S. E., andextending to Ticker.Creek~ including Twentieth and Twenty-first Streets, S. E., and all alleys embraced in Sections 33-A, 34-A, 35-A, 37~A,~39-A~and 39-A, McDonald~Addltlon, be vacated;discontinued and closed, and requesting the appointment of viewers to view the aforesaid: streets and alleys:and report thereon, Mr. Waldrop offered the following Resolution: · :..(c124~O) A RESOLUTION providing~fortbe appointment of five freeholders, any three,of whom ma~ att,.as viewers:In connection with'the petition o[ R. Fletcher Epperson and Marion S. Battle topermanently vacate; discontinue and close all,of the streets and alleys located upon the property lying east of Mise AVenue and extendlng,totTlnker Creek,:lncluding 20th:and~21st:Streets, S. E., Roanoke, Virginia, and all alleys embraced.in Sections 33-A, 34-A, 35-A, 37-A, 38-A and 3q-A, McDonald Addition~ .. :(For full!text~of. ResolctJona see Ordinance Book~Ho. 20; Page 486.) :321 322 Mr. Wnldkhp moved the adoption of the Resolution. The motion was seconded by Mr. Yonsg nod adopted by the following vote: AYES: Council members Nones. Pickett, Naldrop, Webber, Young, sod the President, Ur. Woody ..................... 6o NAYS: None ....................... O. (Mr. Davies absent) ZONING: Council at its meeting of July S, 1955, having held a public hearing on the question of reaoniug Lots 9-16, inclusive, Nlock 20, West End Rivervlew Map, from General Residence District to Light Industrial District, NFs. Pickett moved that the following Ordinance be placed upon Its first reading: ¢n12451) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a tract of land known as Lots 15 and 16, nlock 20, Mesa End Nlverviem Map os the North side of Campbell Avenue, $. J., between 17th Street, $. J.. and IDth Street, S. U.. rezoned from General Residence to nuslaess District, and WHEREAS, the City Planning Commission has recommended that the entire block of the North side of Campbell Avenue between l?th Street and 18th Street, S. N., described as Lots 9 through 16, inclusive, Block 20, Yest End Riverview Map, be rezoned from General Residence to Light Industrial District, and RHEREAS, notice required by Article II, Section 43, of Chapter 51 of the Code Of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke World-News*, a newspaper published in the City of Roanoke, for the time required by said section, and WHEREAS, the hearing aa provided for In said notice published in the said newspaper was given on the 5th day of July. 19S3, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Room in the Municipal Building, at which hearinR co objections were presented by the property owners and other interested parties in the affected area, and WHEREAS, the Council. after considering the application for rezoning ia of the opinion that the entire block of the North side of Campbell A~mue, between 17th and 1Dth Street, S. W., should be rezoned from General Residence District to Light Industrial District aa recommended by the City Planning Commission THEREFORE, DE IT ORDAINED by the Conncii of the City of Roanoke that Article I, Section 1, of Chapter SI of the Code of the City of Roanoke, Virginia, irelattng to Zoning, be amended and reenacted in the fallowing particular and no other, viz: Property located on the north side of Campbell Avenue, S. W., between l?th Street and 16th Street, and designated on sheet 132 of the Zoning Nap as Official Numbers 1320409, 1320410. 1320411, 1320412, 1320413, 1320414, 1320415 and 1320416, and being Lots 9 through 16, Block 20, Rest End Riverview Map, be, and is hereby changed from General Residence District to Light Industrial District, and the Map herein referred to shall be changed in this respect. The motion was seconded by Mr. Danes and adopted by the following rote: AYES: Council membersNaaes, Pickett, Waldrop, Webber, Young, and the President, Mr. Moody .................... NAYS: None ...................... O. (Mr. Davies absent) BONDS-ACADEMy OF MUSIC: Council at its meeting of July 5, 1955, having directed tb~t the City Attorney prepare ~ecessary Ordinances providing for the issuance of $1,$00,000.00 or bonds to defray the cost of constranting · municipal auditorium ia Elmmood Pnrk and the holding of nn election In connection with the General Election in November nt mhichthe freth~l~ voters might vote on the question, Mr. 'Mebbe¥ moved that the follomiag Ordlnnncebphced upon its first reading','vhich Ordinbnce mas read in its entirety: (u12452) AN ORDINANCE to provide ~or the issue of bonds n~t to exceed ONE MILLION FIVE UUNDHEO THOUSAND DOLLARS (S1,500.000) to provide funds to pay !for the c'ost of a' needed permanent p~bllc improvement, toouit: a hem ~unl~pnl auditorium to be located in the southmest portion of Elmmood Park, in the City of Roanoke. Virginia. #DEREAS. it Is deemed expedient by the Council of the City of Roanoke. Virginia. to raise a sum not to exceed ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1.50~,000) to defray the cost of a needed permanent public improvement, to-mit: a new municipal auditorium to be located in the southmest portion of Elmuood Park, in the City of Hoanoke. Virginia. TaEHEFORE. UE IT ORDAINED by the Council of the City of Roanoke, Virginia. 'as follows: 1. For the purpose of raising funds in an amount not to exceed ONE MILLION FIVE UUNDHED THOUSAND DOLLARS ($1,500,000) to pay the cost of a needed permanent public improvement, to-wit: a new municipal auditorium to be located in the southwest portion of Elmmood Park, in the City of Dm noke. the proper officers of theCity of Roanoke are hereby authorized and empowered, at such time ns the Council may direct within o period of five years, to execute for and on behalf of the City of Roanoke. bonds not to exceed ONE MXLLION FIVE HUNDRED TUOUSAN[ DOLLARS ($1,500,000). Said bonds shall be in denominations of $1,000 each payable serially in nnmerical order bonds aggregating FIFTY THOUSAND DOLLARS ($50,000) annually over a period of thirty years. Said bonds shall be numbered numerically and consecutively and shall bear interest at arate or rates to be determined by the City Council, payable each year in equal'semi-annual payments, shall be signed by the Mayor and the City Treasurer and shall have the corporate seal of the City of Roanoke affixed thereto, duly attested by the City Clerk. and the coupons attached to ~aid bonds shall bear ~be engraved or lithographic facsimile signature of the City Treasurer, which shall be recognized by the City of Roanoke as having the same legal effect as if such signature had been written upon each coupon by the City Treasurer. 2. Said bonds and the coupons attached thereto shall be in substantially the folloming form, to-wit: United States of America ' Number Number State of Virginia ' $1000 C I T Y 0 F R 0 A N O K E $1000 MUNICIPAL AUDITORIUM BOND SERIES *JJ# KNO~ ALL MEN BY THESE PRESENTS, that the CITY OF ROANOKE, a municipal corporation created and organized under the laws of the State of Virginia. for value 323 324 received, acknowledges itself indebted end promises to pay to the bearer hereof, the sum of ONE THOUSAND DOLLARS ($ O. O) p ab in lawful money of the United States of America, on the ,~.daY' of, :, , . . ~, .~ 19,~=, . ut the ~rrice said City. ~i'tk' interest at the rate or __per centuu ( ~) per annum, payable semi=annually on the day of and the day of 3his bond is issued for the purpose of providing funds to pay for the cost of a permanent public improvement, to-wit: a new municipal auditorium to be located in tke southmest portion of Elnuood Park. in the City of Roanoke, Virginia, in pursuance of an Ordinance of the Council of the City of Roanoke, Virginia. adopted on the day' of ..... 1~$5'. and rat'lfied by a majority of the freehold voters of the said City voting at an election duly and legally called, held and conducted on the fltb day of ~orember. 19SS, and under and in pursuance of the Constitution and statutes of the State of Virginia. including the charter of said City; nnd this bond shall be exempt from all municipal taxation of said City. It Js hereby certified, recited and declared that the issue of this bond is made in strict conformity with the Constitution and statutes of the State of Virginia, and the charter and Ordinances of the City of Roanoke authorizing the same, and that all acts. conditions and things required to exist, happen and be performed precedent to and in the issue of this bond have existed, happened and been performed in regular due time. form and manner, as required by law, and that thc debt limitation of sald City as prescribed by the Constitution and charter will not be exceeded by reason of this bond. IN'T£STIKoNY KitEREOF, the said ~ITYOF ROAN~[R has caused this bond to be signed by its Rayor and by its City Treasurer and the official corporate seal impressed hereon, attested by its City Clerk, and the coupons hereto attached to be signed mith the eograved or lithographic signature of Its said City Treasurer, and this bond to be dated the day of , :Attest: City Clerk Mayor Roanoke City Seal City Treasurer (FORK,OF COUPON) On the __day of , 19__ THE CITY OF ROANOKE Virginia. will pay to the hearer at the~office of the City Treasurer. - DOLLARS ($ ) being the seni-annual interest then due on its Municipal Andltorlns Bond, dated the ~day of , 19__. SERIES CITY TREASURER "JJ* NO. 3. Said bonds shall be executed by the proper officers of the City of Ronaohe, and sold by the Council. nnd the proceeds from such sale used rot the purpos~ rot which said bonds are issued in accordance with the provisions or this Ordinance; provided, homever, that any residue, ir ney there be. may be used. in the discretion or the Council or the City or Roanoke. to defray, in mhole or In part, the cost or any hem, or alteration or addition to any old, permanent ~ublic improvement within er partly uithln the City or Roanoke. 4. Said bonds shall not be issued unless and until this Ordinance has been approved by the affirmative vote or a majority er the freehold voters of the City voting at an election to be called in the manner provided by lam, 5. City Council may, in its discretion, by Resolution. provide a place of payment, in addition to the office or the City Treasurer, and also definitely fix the rate or rates of interest, the date of the bonds and their maturity dates and an! ether details thereof not herein prescribed. The motion mas seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Pickett. Waldrop, Webber and Young ............. 4. NAYS: Hr. tlanes, and the President, Hr. Woody .......... 2. (Hr. Davies absen Mr. Waldrop then moved that the follnmJng Ordinance be placed upon its First reading, mhich Ordinance mas read in its entirety: (~12453) AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine mhether the freehold voters or the City of Roanohe mill approve an Ordinance, No. 12452, duly adopted by the Council of the City of Roanoke on the 1st day of August, 1955. BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as folloms: I. An election shall be held in the City of Roanoke on the 6th day of November, 1955. to determine mhether the freehold voters will approve the following Ordinance: No. 12452. AN ORDINANCE to provide for the issue of bonds not to exceed ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) to provide funds to pay for the cost or a needed permanent public improvement, to-sit: a new municipal auditorium to be located in the sontbmest portion of Elmwood Park, in the City of Roanoke, Virginia. 2. The Sergeant of the City of Roanoke and the Judges of election here- inafter designated are hereby directed to open polls at the several voting places in the City of Roanoke on the 9th day of November, 1955, for the purpose or submitting said Ordinance to the freehold voters of the City of Roanoke for approval. 3. The Sergeant of the City of Roanoke is hereby directed to give public information of said election, setting forth the time and place thereof by publishing a notice of the same in a newspaper of general circulation in said City and published in said City, for the space often days, end by posting a copy thereof at each voting place in said City et least ten days before the date of said election. 325 326 4. The Judges and clerks for the several voting precincts ia the City of Roanoke are hereby eppolnted to conduct meld election, and in case of failure of any Bee or more of them to act, then the place or places of such shall be filled ia the Banner provided for in case of regular elections. 5. The electoral board of the City of Roanoke shall, at least ten days prior to the date of the election herein~ovlded for. have printed proper ballots to be voted at said election, and such ballot shall be in the folloulag form: CITY OF ROAROEE BONO ELECTION OF November OB 19~5 QU£STION: Shall Ordinance No. 12452 adopted by the Conacil of the City of Roanoke on the Ist day of August, 1955, entitled 'An Ordinance to provide for the issue of bonds not to exceed ONE MILLION FIVE HUNDRED TDOUSAND DOLLARS ($1,500,000) to provide funds to pay for the cost of a needed permanent public improvement, to-Bit: a neb municipal auditorium to be located in the southwest portion of Elmwood Park. in the City of Roanoke. Virginia** be approved? FOR IAOAIDST The following is printed on this ballot pursuant to the provisions of Section 47 of the Charter Of the City of Roanoke: NYhe City Coancil is authorized if necessary to increase the tax rate above two dollars and fifty cent ($2,50) on the one hundred dollars ($100) of assessed value of real and personal property to pay the principal and interest of any bonds approved by this election.* 6. The ballot shall be prepared in conformity with the provisions of Section 24-141 Code of Virginia, 1950. and each voter shall mark his ballot in the manner prescribed by said section. Such ballots shall be delivered to the Judges of election, for use in the said election, in the same manner as ballots ere delivered to the Judges of election in regular elections. 7. Said election shall be conducted in the manner prescribed by lab for the conduct of regular elections. 8. The judges of election shall immediately after the closing of the polls count the ballots deposited and shall within tUB days thereafter make written return of the result of said election to the City Clerk. specifying the number of votes cast for and the number of votes cast against the question voted upon. Said return shall be presented to the City Council at its next regular meeting and shall be spread upon the Journal, and the said Judges shall further seal up the ballots and within two days after closing the polls transmit the same to the City Clerk to be kept among the archives of the Council, and said ballots shall remain sealed during the space of tBelve months thereafter without the order of Council, The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Pickett, ialdrop, lebber, Young, and the President. Mr. Noody ....................... NAYS: Mr. Danes ......... 1. (Mr. Davies absent) PARgS AND PLAYGROUNDS: The City Manager having reported to Council at its meeting of July $, 1955, that the Zoo Steering Committee bas completed its assignment and having recommended that the committee be discharged with thanks, Mr. Banes offered the following Resolution: (u!2454) A RESOLUTION approving the report or the Zoo Steering CoMmittee; discharging said committees and thanking said committee for its fine services in the premises. (For full text of Resolution, See Ordinance Book No, 20, Page 497.) Hr. Hanes moved the adoption of the Resolution, The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Council members Hanes, Pickett, Maldrop, Mebber, Young, and the President. Mr. Moody ................. NAYS: None ................... O. (Mr. Davies absent) ELECTIONS: Council at its meeting of June 20, 1955, having received a requ~ from the City Manager for an appropriation of funds to meet the incYeased cost of printing the voting list, and In pursuance thereof, having appropriated $651.60 for that purpose and requested the City Homager to look into the matter of awarding a contract in excess of $5,000,00 nad report thereon, the City Manager reported that he has had prepared aResoluticn on the qaestion and recommends its adoption; whereupon, Mr. Haldrop offered the following: (a12455) A RE~0LUTION accepting the bid of Hamuond"$ Printing ~ Lltho. Works for printing the City of Roanoke Voting List. (For full text of Resolution, see Ordinance Hook No. 20, Page 489.) Hr. Maldrop moved the adoption of the Resolution. The motion mas seconded by Mr. Webber and adopted by the following vote: AYES: Council members Hanes, Pickett, Waldrop, Mebber, Young, and the President. Hr. Woody .................... NAYS: None ....................... O. (Mr. DaVies absent) HOTIONS AND MISCELLANEOUS BUSINESS: LIBRARY BOARD: The City Clerk reported that Mr. C, D. Hurt. Ur. A. P. Jonesand:Hr..Frank N..Rogers have qualified as membersof the-Library Board. The.report was filed .... SCHOOL BOARD: Tmo communications from.the Reverend Gordon L..Keller to the Hayor, advising that due:to the pressure of duties by reason of the building construction program:at.his:hutch, he does:notwish~to be considered for reappointment, a$a member of the Roanoke City_School Hoard and that while he has served with Joy and.pleasure it is his opinion that in view of the prospective school construction program a person directly connected with the construction industry mould be of great value on the School Board, were before Council. The Mayor then called for nominations for three members of the Roanoke City School Hoard to serve three year terms expiring June SO. 1958. Hr. #aldrop placed in nomination the name of John H. Thornton. Jr. Mr. Young placed in nomination the name of Clarence H. Hawkins. Hrs. Pickett placed in nomination the name of Lucian O. Hooth. Hr. Hanes moved to close the nominations. The Motion was seconded by Hr. Nebber and adopted; whereupon, John H. Thornton, Jr** Clarence H Hawkins and Lucian D. Booth were elected as members of the Roanoke City School Board for three year terms each expiring June 30, 1958, by the following vote: 327 328 AYES= Council members Banes, Plekett. Waldrop. Webber. Young. eld the President, Mr. Woody ..................... NAYS: Bone ........................ O, (Br. Davies absent) ~r. Young then anted that the mJnetna show that prior to his departure from the city Hr. Davies. in the presence of the entire Council. had stated that mere he present nt the meeting he would vote rot Yessrs. Thornton. Hawkins and Booth. The motion mas seconded by Hr. Webber and adopted. PENSIONS: It appearing that the term of mr. Geoffrey O. gartiu ns · uember of the Board of Trustees o! the Employees* Retirement System of the City of Roche expired Jane 30. 1955. the President. Br. Woody. called for uominations to fill the vacancy. RF. Webber placed in nomination the name of Geoffrey O. Martin to succeed himself. There being no further nominations. Geoffrey o. Rattle was reelected as a member of the Board of Trustees of the Employees' Retirement System of the City of Roanoke for a term of four years ending June 30. 1959. by the following vote: AYES: Council members Banes. Pickett. Waldrep. Webber. Young. and the President. Rt. Woody ...................... BAYS: None ........................ O. (Rro Davies absent) TRAFFIC: Mr. Webber moved to instruct the City manager to present to Counci on or before August 15. 1955, a detailed plan for the flow of traffic in the downtown and contiguous areas when the Jefferson Street Grade Crossing Elimination Viaduct Is opened. Yhe notion mas seconded by Rr. Waldrop and adop~do SCHOOLS: BF. Young read to Council excerpts from a newspaper article appearing in the Norfolk Virginian Pilot on July 5. 1955, in mhich comparisons were made between the Norfolk school system and the Roanoke school system, showing greater per pupil cost, a larger percentage of the tax dollar going to schools and a smaller percentage of the school bill paid by the state in Roanoke, and moved that the article be referred to the Roanoke City School Board for study and advice to Council as to why Norfolk apparently gets more aid from the state than Roanoke for school purposes. The notion mas seconded by Br. Webber and adopted. LICENSE TAX CODE: Rr. Banes stated that he feels it necessary to complete the study of the revision of the License Tax Code being made by Council in order to expedite the printing of t~City Codes whereupon, the mayor stated, there being no objection, Council would meeton Thursday. July 21, 1955, at 7:30 o'clock, p. m.. in the Council Chamber. to continue its study of the License Tax Code. There being no further business. Council adjourned. APPROVED President~ COUNCIL. REGULAR NEETIHG, Monday. August 1, 1955. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday. August 1. 1955, at 2:00 ,*clock. p. m.. the regular meeting hour. with the President. Mr. l,,dy, presiding. PRESENT: Council members Davies. Hanes. Pickett, Maldrop. Mebber. Young. and the President. Mr. I,,dy ................... 7. ABSENT: None ........................... O. OFFICERS PRESENT: Mr. Arthur S. Omens. City Manager, Mr. Randolph G. Mhittle City Attorney. Mr. ~llliam F. Griggs, Assistant City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend George B. If,Imam. Associate Pastor of St. John's Episcopal Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, July lB. 1955. having been furnished each member of Council. upon motion of Mr. Davies. seconded by Mr. Hanes and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC HATTERS: GARBAGE REMOVAL: Hr. Malter W. Mood, Attorney for residents of the Colonial Hills and Beechwood Gardens sections, appeared before Council and presented a petition from 126 residents of the area, complaining of flies, mosquitoes, roaches and rats infesting the area which they allege are coming from the dump used by the city on the Brenner property. Captain B. B. DeMitt, 2782 Colonial Avenue. S. #.. Hrs. L. L. Layman. 2792 Colonial Avenue, S. M.. and Mr. C. C. Fitzwater. 2545 Saul,rd Avenue, S. N.. also appeared in this matter. The City Manager advised Council that through a personnel error in the garbag department, several loads of raw garbage had been dumped on the site about ten days ago and that he had the garbage covered as soon as he found it; further, that the Commissioner of Health has inspected ~he site and stepped up spraying of the dump to a daily operation in an attempt to rid the dump of roaches and flies, Mr. ~ebber moved to refer the matter to the City Manager mith instructions take necessary action in the matter and report to Council at its next regular meeting on the condition of the dump. The motion was seconded by Mr. Naldrop and adopted. PETITIONS AHD COMMUNICATIONS: STREET NARES: A communication from senior officers of the Virginia National Guard. Air Force Reserve Naval Reserve and Marine Corps Reserve, located on Naval Reserve Avenue, S. ~., requesting that the name of Naval Reserve Avenue be changed to Reserve Avenue, was before Council. Mrs. Pickett moved that Council concur in the request and that the following Ordinance be placed upon its first reading: (512456) AN ORDINANCE changing the name of Naval Reserve Avenue, S. M., to the name of Reserve Avenue, S. #.; directing the designation of the new name on present and future plats filed in the Office of the City Engineer; and directing that street signs be conformed thereto. 329 330 BE IT OkDAINED by the Council of the City of Roanoke as follows: 1. That the name of Naval Reserve Avenue, S. N.. be, iud said BaBe iS hereby, changed to Reserve Avenue, S. l. 2. That the City Engineer be, asd he is hereby, directed to designate the new ease Of said avenue, herein provided for, on all present and future plats (fled in his off,ce. 3. That the City HaangeF be, and he is hereby, directed to cause the requisite street signs now and hereafter erected to confor~ with this Ordinance. The motion was seconded b, Mr. Banes and adopted by the following vote: AYES: Council members Davies. Banes. Pickett, Naldrop, Rebber, Young. and the President. Br. Reedy ................... ?. NAYS: None ......................... O. BUILDINGS: A communication from Mr. Rea #. Richardson, Attorney for John C. Baislip and NFS. Edith B. Allen. requesting that the city Join in an agreement amending certain restrictive covenants contained in a deed of conveyance covering Tract B, according to a certain plat of record in the conveyance by Ernest H. £1shburn and wife to Shenandoah Life Insurance Company. Incorporated. permitting ithe construction Of four residences costing not less than $15,000.00 each. rather !ithan o ..... id ....... ting at least $7.500.00. which tract is adj .... t to Tract C. a portion of which was purchased by the city for street widening purposes, was before Council. In this connection, the City Manager submitted a written report recommending adoption of an Ordinance granting the request. Mr. Webber mved to table the matter for consideration at the next regular i~meeting of Council. The motion was seconded by Mr. Waldrop and adopted. PU~CBAS£ OF P~OPE~TY-SE~BAC[ LINES: A communication from Mtn Clifton doodrum, Jr., Attorney for Mrs. Eddie W. Brinton, asking that Council take action on a previous request submitted to the body on July S, lgSS, that Council purchase iLot 20, Section 2, geadorland, owned by Brso Hrtnton. by reason of a setback line on Liberty Road, N. W.. which reduces to twenty feet the portion Of the lot ,available for building, mas before the body. Mr. Young moved to deny the request. The motion was seconded by ar. Haldrop and adopted. BUDGET-SEWERS: A communication from the Wildwood Civic League, objecting to the development of a negro residential area in Jackson Park Subdivision and transmitting a petition signed by 597 residents of the area in support of their obJectinn, was before Council. Br. Haldrop moved to table the matter for consideration along with the 1956 budget study. The motion was seconded by Br. Hanes and adopted. ZONING: A communication from Hr. Ralph A. Glasgow, Attorney for G. E. and Pearl B. Cecil. requesting that Lots 10, I1. and 12. Section 52, Helrose Land Company, be rezoned from General Residence District to Business District, was before Council. Mrs, Pickett moved to refer the request to the City Planning Commission for stedy old recommendation, The motion mas seconded by Mr, Davies amd adopted. CITV JAIL: A communication from the Division of Corrections, Department or Melfore end Institutions o! the Commoemealth of Virginia, transmitting a report of au inspection of the police lockup by the Division on July 5, 1955, mas before Council. The communication mss filed. CITV JAIL: A communication from the Division of Corrections, Department of lelfare amd Institutions of the Commonwealth of Virginia, transmitting a report of an inspection of the City Jail by the Division on July 5, 1955, was before Council. The communication was filed. BUDGET-ELECTIONS: A communication from the Electoral Board of the City of Roanoke, requesting that sufficient funds be transferred from Compensation, Judges and Clerks to Vacation Pa/ and Postage in the Electoral Board account of the 1955 budget, to provide for the payment of accrued vacation leave for Miss Hazeltine Settle, recently resigned as Registrar. in the amount of $?6.23. and to provide for additional postage in the amount of $50.00, was before Council. Mr. Maldrop moved that Council concur in the request and offered the following emergency Ordinance: (u1245T) AN ORDINANCE to amend and reordain Section z132, "Electoral Board", of the 1955 Appropriation Ordinance, and providing for an emergency. (For fall text of Ordinance, see Ordinance Book No. 20, Page 495.) Mr. Maldrop moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AVES: Council members Davies, Hanes, Pickett, ~aldrop, ~ebber, Voung, and the President. #r. #eDdy ............... ?. NAYS: None ..................... O, REPORTS OF OFFICERS: PLUMBING CODE: Council at its meeting on Monday, July 16, 1955, having instructed the City Manager to recommend by name persons who might be appointed to a committee to modernize the Plumbing Code. the City Manager recommended that the committee be composed of the following: Mr. R.* M. Moodson, representing the Bailding Trade; Mr. J. L. Meddle, Sr.. representing the Plumbing Trade; Mr. Elmer Rhodes, representing the Sanitary Engineers; and Mr. L. G. Lef~mich and Mr. Otis Simpson. representing the City Government. Mr. Mebber moved to direct the City Attorney to prepare the necessary Resolution appointing the committee as recommended by the City Manager. Mr. Leftwich to be named chairman, and defining the committee's duties. The motion was seconded by Mr. Young and adopted. EUDGET-AXRPORT: The City Manager recommended an appropriation of $6,000.00 for the purchase of necessary eqmipment and to provide for the renovation of the restaurant at the Roanoke Municipal Airport, advising that if funds are provided 331 332 : he will Jmmedietely advertise f~r bids with the hope of securing n successful operator since the luck of eecessery equipment bus been a stumbliag bloch in securing an operutor In the past. Hr, Young moved to instruct the City Manager to obtain proposals in urltiag from interested operators for Operation of the restaurant at the Municipal Airport on the basis of the city equipping the restaurant, said proposals to state what equipment the operator will require in the restuurent and to contain a stateneat of the operatovts experience in the restaurant business, the proposals to he received by the City Manager and transmitted to Council. The wotion~s seconded by #r, Davies and adopted. PAR£S AND PLAYGROUNDS: The City Manager submitted copy of the mill of the late Junios DlaJr Fishborn, calling attention to the provisions of the mill which gave to the City of Roanoke the Flshburn residence on Thirteenth Street, under certain terms and conditions among others providing that the name of the property shell contain the words *Mountain VleuW, and requested that Council consider naming the property. Mr. Mebber moved to table the matter until the city gains possession of the property under the will. The motion mas seconded by Mr. Waldrop and adopted. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: The City Manager presented a communication from Judge £o A. Pate, Juvenile and Domestic Relations Justice, requesting that $150.00 be transferred from Automobile Allowance to Travel Expense in the Juvenile and Domestic Relations Court account in the 1955 budget. Mr. Mebber moved to direct the City Auditor to furnish Council an itemized statement of expenditures from the Trave! Expense account in the Juvenile and Domestic Relations Court budget at its next regular meeting. The motion was seconded by Mr. Maldrop and adopted. In this connection, Mr. Itaues moved to instruct the City Clerk to bring before Council in the 1956 budget study sessions the question of automobile allowances and travel expenses for consideration at that time. The motion was seconded by Mrs. Pickett and adopted. SALE OF PROPERTY-DELINQUENT TAXES: The City Manager presented communication from the Delinquent Tax Collector. recommending that the City Attorney be instructed to institute suit for the purpose of enforcing the cityts lien for delinquent taxes and other assessments against certain properties, and advised that he concurs in the recommendations of the Delinquent Tax Collector. Mr. Webber mowed to direct the City Attorney to prepare the necessary Resolution carrying out the recommendations of the Delinquent Tax Collector to be presented to Council at its next regular meeting. The motion mas seconded by Mr. Davies and adopted. SEWER CONSTRUCTION: The City Manager reported that he has received requests for extension of sewers on Tyree Road. N. M., in the Rashington Heights section. and on Lukeas Street. N. E., the City Manager advising that the tmo projects would serve only four or five existing houses, and that in view of the citlts limited funds for semer construction he cannot recommend granting the request. Nr, Mebber moved to table the Batter for consideration along with the 1956 budget, The motion was seconded by Hr, Manes and adopted, BUDGET-PARKS AND PLAYGROUNDS: The City Manager requested au oppropriation of $25,00 to provide for payment of appraisal services rendered by Mr, Frank Mitchell in connection with the rental of property in the Garden City area for n baseball park for the youngsters in the area, Mr, Young moved to concur is the request of the City Manager and offered the following emergency Ordinance: (m12458) AN ORDINANCE to amend and reordain Section rill, UParhs and Recreational Areas#, of the 1955 Appropriation Ordinance, and providing rot an emergency. (For full text of Ordinance, see Ordinance Mook No. 20, Poke 496,) Mr, Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Mebber and adopted by the following vote: AYES: Council members Davies, Manes, Pickett, Maldrop, Mebber, Young, and the President, Mr. Moody ............. 7. NAYS: None ................... O. ~ ALMSHOUSE: The City Manager presented a written report from the.Almshouse for the month of June, 1955. showing atotal expense of $2,$76.75, as compared with a total expense of $2,107.28 for the month of June. 1q54. The report was filed. . CITY PMYSICIAN: Yhe City Manager presented a written report from the City Physician for the month of Jnne, 1955, showing $86 office calls, 554 prescriptions filled and 277 treatments given, as compared with 610 office calls, 713 prescriptio~ filled and 234 treatments given for the month of June. 1954o The report mas filed. DEPARTMENT OFPUDLIC NELFAR£: The City Manager presented written reports covering the expenditures and activities of the Department of Pnblic Welfare during the month of June, 1955, in compliance mith Sections 63-67ol and 63-67.2, Code of Virginia. Yhe reports were filed, - DEPARTMENT OF PUMLICNELFARE~.Yhe City Manager presented a written report from the Department of Public Welfare.for the month of June, 19~S, showing 1,551 cases handled at o ~otal cost of $?6°097,60, ascompared with 1,566-cases handled at a total cost of $76,646.97, for the mon~hof Jane, 1954. The report mas filed. REPORTS: The City Manager presented written reports from the Airport, Departmentof Parks and Recreation, Department of Public Works, Health Department and Police Department for the month of June; 1955 ...... The reports were filed. ~.' REPORTS: The City Manager stated that the filing of departmental reports among the official records~in the.City Clerk*s office is.creatiog*a filing problem and requested authority to file the reports in his office and furnish a brief summary to Council. . Mr, Hanes moved to instruct the City Manager to file departmental reports in his office and to furnish Council a consolidated brief thereof, and that 3.33 Council discuss with the delegates to the General Assembly ut their next meeting the question of enabling legislation to permit destruction of records of no value, The motion WaS seconded by Mr, Davies aBd adopted, DRIDGES*MAHER FIELD: Council at its meeting of Hay 31, 1955, having directed the City Manager to ascertain~ there was available a surplus 'Bailey bridge' from the U, S. Army Corps or Engineers at Norfolh, Virginia, which night be obtained for use ns a crossing rot Roanoke River at the Stadium and South Roanoke Park, the City manager reported that no surplus 'Bailey bridgesu are available. The report was filed. FIRE DEPARTMENT: The City Manager having reported to Council at its meeting of July lB, 1955, that he had received bids for fire alarm equipment from the Gamewell Company and the B~B Engineering Corporation, which bids apparently contain alternate proposals, and Council having directed the City Manager to advise whether or not both proposals meet the specifications and explain deductions made by the Gsmewell Company on the stand-by batteries and by the D~D Engineering Corporation on reels and recorder, the City Manager reported that both proposals are in accordance with specifications of the city upon which bids were received, that the dedoctJon offered by the Gamewell Company is an alternate proposal for furnishing a twelve hour stand-by battery rather than a twenty-four hour stand-by battery as specified and that the deduction of $500.00 on the bid of the D~D Engineering Corporation is for reels and recorder not required under the specifications. Mr. Hanes moved to accept the bid of the I~H Engineering Corporation and offered the following emergency Resolution: (~1245g) A RESOLUTION accepting the proposal of R~R Engineering Corporation. Norwood. Louisiana, for furnishing the City of Roanoke with new fire alarm equipment, in the amount of $8,104.00. FOB, Roanoke, Virginia, 1~ 10 days; authorizing and directing the Purchasing Agent to purchase the fire alarm equipment in accordance with said proposal; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 495.) Mr. Hanes moved the adoption of the Resolution. The motion mas seconded by Mr. Young and adopted by t~e foIlowtng vote: AYES: Council members Davies, Hanes. Pickett, Waldrop. Webber. Young. and the President, Mr. Woody ............... ?. NAYS: None ..................... O. BUDGET*FIRE DEPARTMENT: Council having previously requested the City Manager to advise the body how the remainder of the appropriation in the Fire Alarm Equipment account of the 1955 budget will be expended after the purchase of central office equipment, the City Manager reported that it is the intent to extend the fire alarm cable northward on Mflllamson Road from Noble Avenue to Hershberger Road and place fire alarm boxes at the most strategic points insofar as the funds permit. The report was flied. SEWERS: Council at its meeting of July'IO~ 1955, having directed the City Manager tofarnish the.body au estimate or the cost for relocation of · semer line to relieve.the sever problem-complained of'by Mr, W, W, EJmoreo 933 Mint Avenue, N, W** the City Manager reported that he estimates the cost.of relocating the sewer in Hunt A'veaue to be $1,300.00, Mr, Webber moved to instruct the City Manager to proceed with the necessary work, The motion was seconded by Mr. Hanes and adopted, PURCHASE OF PROPERTY: The City Manager presented a letter from Mr, C, L, Werta, offering to sell to the City of Roanohe a tract of land consisting of 13,64 acres located on Salem Turnpike at a price of $2.000.00 per acre for park purposes. the City Manager advising that in his Judgment and that of the Director of Parks end Recreation the land is not needed by the city for that p~rpose. Mr, Young moved to concur in the report of the City Manager and refer the offer of Mr, Mertz to the R~noke City School Hoard for its consideration, The motion mas seconded by Mr, Hanes and adopted, EASEMENTS-SEWER CONSTRUCTION: The City Manager reported that Mr, English Sbu*alter and Mr. William Matts, developers of Round Mill Terrace, have found it necessary to construct an additional sewer line extending across private property in the Round HEll Terrace Subdivision In order to provide basement drains for six lots, which line Js not shown on the subdivision plat as approved by the City Planning Commission, and have tendered a deed to said sewer along with an easement ten feet wide, the City Manager advising that be has had an Ordinance prepared accepting the said deed which he recommends be adopted, Mr, Ilanes moved to concur in the recommendation of :the City Manager. The motion was seconded by Mr. Davies,* , After some discussion of the matter, Mr. ~ebber offered a substitute motion to table the matter until thenext regular meeting of Council in order to · permit members of the body to study the question. The substitute motion mas seconded by Mr, ~aldrop and adopted, REPORTS OF COMMITTEES: SEWER CONSTRUCTION:fA committee consisting of Messrs, Arthur S. Owens, Chairman, J, Robert Thomas and John L, Wentworth appointed by Resolution No. 12406, submitted written~report that it has held a public hearing on July 25, 1955, the question of constructing sewers to serve portions~of the.area of Salem Avenue, ~est Avenue, and Westview Avenue, S, W,, west of Eighteenth Street, at which hearingnoobJectlons~were presented, the committeerecommending adoption of a Resolution authorizing construction of the sewerproJect. Mr. Waldrop moved to concur lathe reportof,the committee and offered the following emergency Resolution: * {#12460) A RESOLUTION authorizing the construction or, sanitary sewers to portionsof the area of Salem Avenue, S, W,, West Avenue, S, v,, and Sestview Avenue, S, W,, West of 18th Street, S, M,, for which improvements assessments to he*made against theabnttiug landomoers and providing for the docheting of au abstract of the Resolution in-the Clerk'sOf£lce of theUastfogs Court of the City of Roanokel and providing forau emergency, (For fall text of Resolution, see Ordinance Dook Ho,'20, Page.497,) 335 336 Mr. Mnldrop moved the adoption or the Resolution. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council weabers Davies, Hanes. Pickett, Waldrop, Mebber end Young--6. NAYS: None .......... O. (The President, Mr, Woody, not voting for personal reasons) UNFINISHED bUSINESS: AIRPORT: Messrs. Arthur S. Ow*mst Marshall L. Harris and Raymond E. Pillow presented tabulation of bids received by Cooncil at its meeting of July 18, 1955, for taximay reconstrnction, including excavation, paving, drainage and other related items, at the Roanoke Mnnlcipal Airport, showing the bid of Adams Construction Company in the amount of $38,279.85 as low bid, the City Manager advising that the Civil Aeronautics Administration has not yet approved award of the contract. Mr. Mebher moved to table the matter until the next regular meeting si Council. The motion mas seconded by Mr. Waldrop and adopted. STREETS AND ALLEYS: A commnnication from Mr. Molter M. Wood. Attorney for R. Fletcher Epperson and Marion S. Battle. requesting that Twentieth Street, S. and Twenty-first Street. S. E.. from Wise Avenue to Tinker Creek, and all alleys in the area between Wise Avenue and Tinker Creek east of Nineteenth Street. extended, be permanently vacated, discontinued and closed, having previously been before Council at its meeting on July S, 1955, and referred to the City Planning Commission for study and recommendation, the City Clerk advised that Mr. Wood has requested that a public hearing be held on the question on August 15. 1955. Mr. Young moved to concur in the request of Mr. Wood and that a public hearing be held on the question of vacating, discontinuing and closing all streets and alleys located in the area between ~ise Avenue, S. E.. and Tinker Creek east of Nineteenth Street, extended, at 2:00 o'clock, p. m., August IS, 1955, in the Council Chamber. The motion was seconded by Mr. Davies and adopted. ZONING: The requests of John W. McCoy, L. L. Rush, Maury L. Strauss. Stanley C. Sejnberg, Elizabeth M. Weinberg. Forest Hills Corporation and Leigh 8artin, that properties located on Brandon Avenue, S. ~., at the west corporate limits of the City of Roanoke, be rezoned from General Residence District to Business District, having previously been before Council at its meetings of May 23~ 1955, and July 5, 1955, and referred to the City Planniug Commission for study and recommendation, the. Planning Commission reported that it is of the opinion that there is no apparent need at this time for creating another large district for business purposes in the area and that the existing substantial residential sections should be protected from bualuess encroachments; therefore, the Planning Commission recommended denial of the requests. Mr. Richard T. Edwards, Attorney for Maury L. Strauss, Stanley C. and Elizabeth g. Weinberg and Forest Hills Corporation, three of the petitioners, appeared before Council and requested that 'he be permitted to withdraw the request of his clients. Mr. Maldrop moved to table the matter until the next regular meeting of Council and instruct the City Clerk to contact the other petitioners to determine whether or not they desire a public hearing on the question. The motion was seconded by Mr. Davies and adopted. ZONING: Council at its meeting of June 6, i955, having referred to the City Planning Commission for study and recommendation th~ request of Hr. J. S. Sherertz, Attorney roe Hone Deniers, lncorporat~d, J. C. Sunsets and Mrs. Peoria C. Davis, that their properties located on Cove'R~ad, H. W., nest of Lofey~tte Doulevard. be'r~zoned from General Residence District to Business District, the Planning Comnissi0n'report~d that after carefu~ Consideration it is of the opinion that ther~ is no need for said rezoning and recommended that the request be denied. Mr. Webber moved to table the'monier until the next regular meeting of Council 0nd instruct the 'City Clerk to ascertain mhether or not the petitioners desire a public hearing ~n the question. The motion mas seconded by MFS. Pickett and adopted. ZONING: Council at its meeting of July 5, 1955, having referred to the City Planni~ Commission for study and recommendation the request of Br. G. H. Reed. Jr** Attorney foe Hr. £~rl A. Buck, that property located on the north ~de of Janison Avenue, S. E.. beginning 80 feet nest of Thirteenth Street and extending 160 feet to the nest, be rezoned from General Residence District to Business District. the Planning C~mmission reported thatin its opinion there is need for eupansi~n of the existing b~ilding and business area at that location and recommended that Council grunt the request of the petitioner for retorting. Hr. Haldrop moved to hold a public hearing on the question at 2:00 o'cloch, p. m., August 29. i955, in the Council Chamber. The motion was seconded by Mr. Davies end adopted. ZONING: Council at its meeting on July 18, 1955. having held a public hearing on the question of rezoniug from Special Residence District to Dusiness District property located on the west side of Thirteenth Street. S. H., between Cleveland Avenue and Canpbell Avenue, being Lots 1-12. inclusive, Block 4, ~ountain View Land Company. as requested by Mr. Henry C. Giles. et als, and having referred the matter back to the City Planning Commission with the request that it give further study to the question and report its recommendations to the body. the Planning Commission reported that it reaffirns its original position in regard to the petl'tions for rezoniug, and again recommended that the request be denied. · M'r. Richard T. Edwards, Attorney for the petitioners, appeared before Council and advised that be had not been notified of the meeting of the Planning Commission and consequently had not been permitted to present the petitioners' case before the Commission, Hr. Edwards re'questing that Council authorize him to prepare an Ordinance providing for the re'owing as requested by his clients. said Ordinance to be acted on by Council. Hr. Hebber moved to instruct the attorney for the petitioners to prepare au Ordinance providing for the rezoning requested by his clients, said Ordinance to be approved by the City Attorney and placed on the agenda for the next regular meeting of Council. T~ motion mas seconded by Hr. Hanes and adopted by the following vote: ~AYES: Council members Hanes, Waldrop, Webber. Young, and the President, Hr. Woody ............ WAYS: Council members Davies and Pickett ......... 2. 3'37 338 coNsiDE~AiI~N'O~ Cl~AiR$'~ N~E.' ......... ' l.~ROODC~IO. A.D CO.SIOE.A~O. OP ~g~ii~'~Ci~ PARKS AND PLAYGROUNDSz Ordinance No, 12449, relieving Radio Rocnoke, Inc., from payment of rent due the city for its television transmitter site on top of Mill Mountain as granted under Ordinance No. 11599, from and after the first day of March, 19S5, and exercising the city*s election to require said Corporatio~ to leave any building erected on Mill Mountain, pursuant to said ordinance, to be the property of the city. having previously been before Council for its first reading, read and laid over. was again before thc body, Mr. Raldrop offering the 'following for its second reading and final adoptfon~ (:12449) AN OROINAHC£ relieving Radio Roanoke, Inc.. from palment of rent due the City, pursuant to the provisions of Ordinance No. 11599, from and after the ls~ day of Hatch, 1955; and exeFcislng the City*s election to require said Corporation to leave any building erected on Rill Mountain, pursuant to said ordinance, to be the property of the City. (For full text of Ordinance. see Ordinance Rook No, 20. Page 489.) Rt. WaldFop moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett. #aldro~Mebber, Young, and the President, Mr. Woody ............... T. NAYS: None ..................... O. ZONING: Ordinance No. 124S1, rezoning Lots 9-16. inclusive, Hlock 20. nest End Riverview Map, located on the north side of Campbell Avenue, S. W** between Seventeenth Street and Eighteenth Street, from General Residence District to Light industrial District, haying previously been before Council for its first reading, read and laid over. was again before the body, Mr~ Pickett offering the following for its second reading and final adoption: (:12451) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter S1 of the Code of tho City of Roanoke, Virginia, Jn relation to Zoning. (For fall text of Ordinance, see Ordinance Book N~. 20. Page 490.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Raldrop, Robber, Young, and the President, NF~ Woody ................ 7. NAYS: None ...................... O. BONDS-ACADEMY OF MUSIC: Ordinance NO. 12452, providing for the issue of bonds not to exceed $1,500,000.00, to provide funds to pay for the cost of a new municipal auditorium to be located in the southwest portion of Elmwood Park, in the City of Roanoke, Virginia, having previously been before Council for its first reading, read and laid over, was again before the bo~y. In th~s connection, the City Clerk presented n communication from Mr. P. H. ~Trout, objecting to the issuance of bonds for the construction of an auditorium in Elmwood Park and particularly to further desecration of Elmwood Park. Hr, Rebber offered the folloulng Ordinance for its second rending nad final adoption: (u12452) AH ORDINANCE to provide for ihe issue of bonds not to exceed ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) to provide funds to pay for the cost of n needed permanent public improvement, to-mit: u new municipal auditorium to be located in the southwest portion of Eluwood Park, in the City of Roanoke, Virginia. (For full text of Ordinance, see Ordinance Book No. 20. Page 491.) The Ordinance having been read in its entirety. Hr. Yebber moved its adoption. The motion nas seconded by Hr. Waldrop and adopted by the following vote: AVES: Council members Pickett, Waldrcp. Webber and Young ........... 4. NAYS: Council members Davies, Banes, and the President. Hr. Ordinance No. 12453, directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine mhether the freehold voters of the City of Roanoke will approve Ordinance No. 12452~ bating previously been before Council for its first reading, read and laid over, was again before the body, Mr, Waldrop offering the following for its second reading and flnnl adoption: (z12453) AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke. Virginia. to,determine uhether the freehold voters of the City of Roanoke mill approve an-ordinance, No. 12452. duly adopted by the Council of the City of Roanoke on the 1st day of August. 1955. (For full text of Ordinance. see Ordinance Book No. 20. Page 494.} The Ordinance having been read in its entirety, Mr. #aldrop moved its adoption. The motion was seconded by Rt. Young and adopted by the follomtng vote: AYES: Council members Pickett. ~aldrop. ~ebber and Young ............. NAYS: Council members Davies. Hanes and the President, Mr. RUDdy MOTIONS AND MISCELLANEOUS BUSINESS: SPECIAL PERMITS: Mr. Henry D. Boynton appeared before Council and submitted a request that the body authorize extension of footings beyond the property line in a building to be constructed by MacRain Realty Corporation for Miller and Rhoads. Incorporated, on the southeast corner of Campbell Avenue end First Street, S. ~., the footings to extend beyond the limits as set forth In Section 405 of The Building Code of the City of Roanoke. Mr. Boynton advising that be has con- ferred with the Director of Public murks and the City Manager and they have both approved his request. The City Manager advised Council that he and the Director of Public Works are satisfied with and approve of the proposed encroachment on city property. Mr. Young moved to direct the City Attorney to prepare the necessary Resolution authorizing extension of the footings under the building us requested by the architects. The motion was seconded by Rt. Davies and adopted. STREET IRPROYEWENTS: Rt. R. R. Onlck appeared before Council and requested that he be permitted ~ install curb and gutter anddrag treatment paving on Lofton Road and Deerfield Woad. S. [.. as shown on the map of Spring Valley Section No. 1, 339 8ao the city°s portion or the cost thereof being estimated b7 lhe"Oepnrtment of Public Works as $4,44?,50, uith the understouding that the city will reimburse its portion of the cost ortheae lmprovemeata ut the'rate of twenty per cent per year beginning after oil lots in the scctioo have'been built upon, Mr. Young moved to'table the mort'er until the next regular Meeting of Council and instruct the City Manager to Bandy'the proposal and submit his recommendations thereon. The notion ems seconded by Mr. Maldrop and adopted. BOILDI~G COOK: Mr, Young stated that the Board of Appeals. as provided for in Section 108 of the Official Building Code of the City or Roanoke, Virginia, has requested that Council elect a Vice Chairman of the board since frequently the Chairman has to disqualify himself by reason of being personally interested in matters before the board for consideration, and moved to elect Mr, S. Lemis Lionberger as Vice Chairman of the Board of Appeals, as provided for in Section lOS'of the Official Building Code of the City of Roanoke. Virginia. The motion was seconded by Mr. Maldrop and adopted. LICKNSK TAX CODE~ The President. Mr. Woody, made the following statement in connection with the revision of the License Tax Code: "Council has for some time been working on a rerfslon of the License Tax Code of the City for the purpose of equalizing taxes on the various businesses, trades and professions in the city. There Js on file in the office of the City Clerk a copy of a proposed revision of the City License Tax Code which has been tentatively approved by the City Council, available forJnspection by interested persons. Council proposes to hold a public hearing on the revision during the month of September and will take up the revised ordinance on its first reading Monday, October 3, 1955. Interested persons who want to be heard at the aforesaid public hearing should file in writing their objections to the proposed changes, with the City Clerk prior to September 1, 1955. There being no further business, Council adjourned. APPROVED .~[~sfdent COUNCIL. REGULAR NEETIRG, Monday. Auguut 15, 1955. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Hulldiu9, monday. August 15, lgS$. ut 2:00 o'clock, p. m** the regular meeting hour, with the President. ar, Woody, presiding. PRESENT: Council members Davies, Uanes, Pickett, Waldrop. Webber, Young, and the President, Hr. Heady .................. 7. ARS£NT: None .......................... O. OFFICERS PRESENT: Nr. Arthur S. Owens. City Hauager. Hr. Randolph O. Hhittle. City Attorney. Mr, Harry R. Yates, City Auditor, and Mr. J. Robert Thomas. City Clerk. The meeting was opened with a prayer bI the Reverend J. L. Coppack. Pastor of the West End Presbyterian Church. HINUTES: Copy of the minutes of the regular meeting held on #onday. August 1. 19S5, having been furnished each member of Council. upon motion of Hr. Hanes. seconded by Hr. Davies and adopted, the reading mas dispensed with and the minutes approred as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: STREETS AND ALLEYS: Hotice of a public hearing on the petition of R. Fletcher Epperson and Marion S. Battle to have permanently vacated, discontinued end closed all streets end alleys lying between Nlse Avenue, 5. E.. end Tinker Creek, east of Nineteenth Street. extended, said hearing to be held ut 2:00 o'clock p. m., August 15. ig55, having been properly published in The Roanoke Horld-Nems on August 5, 1955, the hearing was held at which no one appeared in opposition to the proposal. An Ordinance to effect the closing us requested by the petitioners, prepare by Mr. Halter W. Wood. Attorney for the petitioners, mas presented. Mr. Webber moved to refer the Ordinance to the City Attorney for revision in order to provide for a reservation of easements in Twentieth Street and Twenty- first Street for sewers, drains and utilities. The motion was seconded by Mr. Hanes and adopted. JUNIOR CHAMBER OF COMMERCE-PARKS AND PLAYGROUNDS: Mr. George £. OtHara, Jr. President of the Roanoke Junior Chamber of Commerce, appeared before Caanctl and requested that Ordinance No. 11526, adopted on the llth day of August, 1952, be amended to permit the expenditure Of $3,500.00 for additional capital improvements to the miniature train at the Children*s Zoo on Hill Mountain and to permit the recovery of the amount so expended by the Roanoke Junior Chamber of Commerce as provided for the original capital investment. Mr, Young moved to instruct the City Attorney to prepare the necessary Ordinance granting the request of the Roanoke Junior Chamber of Commerce. The motion mas seconded by Hr. Waldrop and adopted. 341 342 PETITIONS AND COMMUNICATIONS: ZONING: A communication from Cebell end Mary B. Dudley, reqeesting that their property located aa the corner or Melrose Avenue sad Fifteenth Street. N. be rezoaed from Special Residence District to Business District, mas before Council Mrs. Pickett moved to refer the request to the City Planning Commission for study and recommendation. The motion mas seconded by Mr. Davies and adopted. ZONING: A communication from Latz Funeral Home, Incorporated, by its Attorney. Mr. Walter W. Wood, requesting that property located on the west side of Franklin Road. S. W., between Highland Avenue end Washington Avenue. be rezoned from Special Residence District to Husiness District, was before Council. Mr, Danes moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mrs. Pickett and adopted. PARKS AND PLAYGROUNDS: A communication from Mrs. Mildred W. Campbell, 3576 Yellow Mountain Road, S, E., requesting that Council consider purchase of the Harts Estate for use as a park in the Garden City area, was before the body. Mr. Webber moved to refer the matter to the City Manager and the DirectOr of Parks and Recreation for the purpose of ascertaining how many acres are avallablt in the tract and the cost thereof and to report to Council. The motion was seconded by Mr. Waldrop end adopted. STREET LIGHTS: A communication from the Appalachian Electric Power Company, reporting the installation of six 2500 lumen street lights and the removal of one 6000 lumen street light in the City of Roanoke during the month o£ July, 1955. was before Council. The communication was ordered filed. SEWER CONSTRUCTION: A communication from Messrs. Paul Bernstein and C. F. Kefaaver. requesting that a semer project be authorized to serve an area most of Williamson Road, bounded by Wayne Street, Sycamore Avenue, Luhens Street, Clover Avenue and Milkman Street. N. E.. and agreeing to pay their proportionate share of the cost of said project, mas before Council. Additional communications from ~essrs. James C. McConkey and Paxton C. Judge, ashing that the sewer serve their properties in the area and agreeing to pay their part of the cost, were presented. Mr. Webber moved to table the request for consideration in connection math the 1956 budget. The motion was seconded by Mr. Naldrop and adopted. WORLD WAR II: A communication from the Virginia W~rld Nar Il Memorial Commission, offering the city the opportunity to participate in the planting of shrubs and trees around the Memorial being erected in Richmond, Virginia, was before Council. Mr. Saldrop moved to instruct the City Clerk to contact the various military organizations within the city, advising them of the request for their consideration The motion mas seconded by Mr. Hanes and adopted. AUDITS-CLERK OF COURTS: A report of the Auditor of Public Accounts of Virgi on an audit of the office of the Clerk of Courts for the period January 1, 1955, through June S, 1955, advising that Mr. Russell J. Watson. deceased, had made full acconnting for oil funds of record coming into his mstody and that the office had been turned over to Mr. William H. Carr, mas before Council. The report was ordered filed, AUDITS-JUVENILE AND DOMESTIC RELATIONS COURT: A report of the Auditor o! Public Accounts or Virginia on au audit of the Juvenile and Domestic Relations Court rot the calendar year 1954, advising that proper accounting had been nude for all funds of record coning into the custody or the Court during that year, was before Council. The report was ordered filed. TRAFFIC: A communication from the Assistant City Attorney. transuittiug a revised draft or Chapter 34, of the City Code, relating to =Trcrfic', uhich he advised has been considered by himself, Judge Deverly T. Fitzpatrick, Judge Robert L, Queries, the Commonwealth Attorney and the Superintendent of Police. all of whom recommend adoption of the revised Traffic Code, was before Council, #r, Muldrop moved to take the matter under consideration for study. The motion was seconded by Mr. Dunes and adopted. REPORTS OF OFFICERS: FiRE PROTECTIOn: The ~lty Monager presented a proposed Ordinance. governing the storage and sale of flammable llq~lds ia the city. Mr. Nebber stated that Council at its meeting of September 26, 1953. established a committee composed of Councilman Nalter L. Young. the City Manager, the City Attorney and the Duilding Inspector for the purpose of studying end clarifying such an Ordinance and making their recommendations to Council and moved that the proposed Ordinance ~ referred to the said committee for its recommendation. The motion was seconded by Mr. Maldrop and adopted. TRAFFIC: Council at its meeting of July 16. 1955, having directed the City Manager to present to the body on or:before August 15. 1955. a detailed plan for the flow of traffic in the downtown and contiguous areas as proposed by him for use upon the openino of the Jefferson Street Grade Crossing Elimination Viaduct. the City Manager reported that it is his recommendation that the present traffic plan in the area be continued for au indefinite period. Mr. Nebber stated that Council has committed itself to hold a public hearing on the traffic plan to be used in the dountown area end moved that such a public hearing be held at 7:30 o*clqck, p. m.. September 1, 1955, in the Council Chamber, and that all persons appearing at said hearing submit their proposals concerning the said plan in writing. The motion was seconded by Mr. Young and adopted. BUDGET-JUVENILE DETENTION DORE: The City Manager reported that on August 1, 1955, the electrical wiring system at the Juvenile Detention Done broke down. and as an emergency measure, he had the system overhauled at a cost of $845.00, for which he requested an appropriation. Mr. Young moved to concur in the action Of the City Manager and offered the following emergency Ordinance: (u12461) AN ORDINANCE to amend and reordain Section ual, *Juvenile Detention Home*, of the 1955 Appropriation Ordinance, and providing for au emergency. (For full text Of Ordinance, see Ordinance Book No. 21. Page 1.) Ur, Young moved the odoption of the Ordinance. The motion mas seconded by Mr. Maldrop and adopted by,the following vote: AYES: Council meebers Davies, Hanes, Pickett, Mcldrop, lebber, Young, nod the President, Mr, ~oody .................... ?. NAYS: None .......................... O. EASEMENTS-SEWERS: A request from Mr. E~glish Showulter, Attorney for the Matts Estate, that Council accep~ a sewer line and necessary easement through Lots 1, 2. 3. 4 and S, and into Lot 6, fllock E, Mop No. 2, Round Hill Terrace, having been before Council at its meeting of August 1, 1955, and laid over for consideration,the City Manager reported that after a careful on-the-site Inspection and consulting with the city's engineers he Is of the opinion that this is an economically sound procedure and recommended acceptance of the sewer and easement. Mr. Young moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~12462) AN ORDINANCE providing rot the acquisition of an 8-inch public semer line through Lots 1, 2. 3, 4 and 5 and into Lot 6. Block £, Map No. 2. Round Hill Terrace. together with a perpetual easement therefor; and providing for an emergency. (For fall text of Ordinance. see Ordinance Book No. 21, Page 1.) Rt. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Mebber and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett, Waldrop, Webber, Young. and the President, Mr. Woody ........ NAYS: None .......................... O. CURB AND GUTTER-STREET PAVING: A communication from Mr. R. R. Quick, requesting permission to construct curb and gutter and street paving on Lofton Road and Oeerfield Road, S. W,, with the city agreeing to reimbur~its proportionate share of the cost thereof at the rate of 20~ per year beginning after all lots in the section hare been built upon, having been before Council at its meeting of August 1, 1955, and referred to the City Manager for study and recommendation, the City Manager reported that he cannot recommend compliance mith Mr. QuickOs proposal. Mr. Quick appeared before Council and requested that further consideration be given to his proposal. Mr. Hanes moved to refer the matter to a committee composed of Messrs. Walter L. Young, Chairman, John L. Wentworth, Randolph U. Hhtttle and Harry R. Yate for study and recommencation. The motion mas seconded by Mr. Davies and adopted. GARBAGE REMOVAL: A petition from citizens residing in the Colonial Hills and Beechmood Gardens sections, complaining that their homes are being overrun by flies, roaches and rats from the city*s dump on the Brenner property, having been before Council at its meeting of August 1, lgSS, and referred to the City Manager to take such action os he deems necessary to abate the problem and report to Council at Its next regular meeting, the City Manager reported that after a care~l study of the problem he engaged Orhie Exterminators, Incorporated, to control the pesta ut the dump iR question, and in addition, the dump in the old quarry in northeast ota contract cost of $1,210,00 for the bolonce of the calendar year end requested an appropriation to cover the said contract. Mr. lalter I. ~ood, Attorney for the petitioners, appeared before Council and moated that the residents in the area have advised him that ire treatment by Orhin £xterminat~rs, Incorporated, has not abated the problem and requested that the dump be abandoned, Captain H.. H. DeMOte, 2752 Colonial Avenue, S. M.. also appeared end stated that the residents feel that the dump should be cleaned up and no further dumping of refuse permitted in the area, stating further that an employee of the Orkin Company told him that no beneficial results could be expected as long as dumping or refuse ia permitted. Mr. Maldrop asked if the person making this statement mas an authorized agent of the company who could speak with authority in its behalf, to which Captain OeMitt replied in the negative. The City Manager then advised that the Orkin Company has entered into a contract under bond to eliminate the pests at both of the dumps and he is sure that the company is a responsible one and will carry out its contract. Mr. Lawrence L. Layman, 2792 Colonial Avenue, $. #., also appeared and asked that the city abandon the damp for further use. Mr. Hanes moved to concur fa the report of the City Manager, with the understanding that he would report on. the conditions in the dump at the end of thirty days, and offered the following emergency Ordinance: (a12463) AN ORDINANCE to amend and reordain Section no?, "~efuse Collection and Disposal', of the 1955 Appropriation Ordinance. and providing for an emergency. (For fall text of Ozdioancc. see Ordinance Book NO. 21. Page Mr. Hanes movedthe adoption of the 0rdfnance. The motion was seconded by Mr. Waldrop and adopted by the following vote: AY£S: Council members Davies. Hanes. Pichett. Waldrop. Webber. Young. and the President, Mr. Woody ............... 7. NAYS: None ..................... O, AIRPORT: Council at its meeting of August 1, 1955, having laid over the question ofawardtng a contract for taxiway reconstructfoe and related work et the Roanoke Municipal Airport, pending receipt of approval from the Civil Aeronautics Administration, the City Manager presented a telegram from the said Administration, approving the awarding of the contract to the low bidder in the amount of $30,27g.85, Mr. Webber then offered the following Resolution accepting the proposal of Adams Construction Company: (n12464) A RESOLUTION accepting the proposal Of Adams Construction Company to furnish the materials for and perform the work on certain tarlway reconstruction in accordance with the specifications therefor designated Project No. g-44-012-506, subject to the approval of the Civil Aeronautics Administration; and providing for an emergency. (For full text of Resolution, see Ordinance Hook Ho. 21, Page 2.) Hr. Webber noted the od.priori of the Resolution. The notion nas seconded b7 Hr. Waidrop end adopted by the f. Il.ming vote: AY£S: Couucil BeRbers 0ovles, Bnues, Plchet't, Woldrop, Webber, Young, usd the President, Mr. Moodl ................... 7. NAYS: ~one ......................... O. Hr. Webber then stated abut an appropriation of funds coTering the contract alii be eecessarl mud offered the following emergeucI Ordinance: (a1246S) AN ORDINANCE to amend und reorduln Section u142, *Transfer to IBproveBent Fund*, of the 1955 Appropriation Ordinance, and providing for un (For full text of Ordinance, see Ordinance Book No. 21, Page 3.) Hr. Webber moved the adoption of the Ordinance. The notion mas seconded by BF. Davies and adopted by the following vote: AYES: Council members Davies, Bnnes. Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ...................... 7. NAYS: None ............................ O. GRADE CROSSINGS: The City Manager presented a report on the financial s~atus of the Jeflerson Street Grsde Crossing Elimination Viaduct and Project as of May 21, 1955, as prepared by the State Highway Department. Mr. Young stated that the report indicates that the costs on the structure are about as expected and noted that the report be filed. The motion nas seconded by Mr. Webber and adopted. STORM DRAINS: The City Manager presented a report, stating that a serious draluage problem exists Jn the Mound Bill Park section, and requested authority to construct a storm drain in the area at an approximate cost of $13,S00.00. Mr. Young moved to refer the matter bach to the City Manager with instructions that be contac~ Dr. BIron N. Cooper of the Virginia Polytechnic Institute with a view of determining whether OF not drainage shafts might be used to relieve the water problem in this area nod report to Council. The motion seconded by Mr. Waldrop and adopted. CITY pROpERTY: The City Manager reported that in compliance with Ordinance No. 12248, adopted on the 1st day of November. 1954, directing that he raze the city-owned buildings situate un the north side of Church Avenne, S. W.. between Second Street and the School Administration Building, he included in the City Ball Repairs account of the 1955 budget sufficieut funds for the purpose and has awarded a contract for the accomplishment of the directive, but that the City Auditor has raised the question as to whether these funds should be used for that purpose. Mr. Webber noved to instruct the City Auditor to pay for the contract reIerred to from the appropriation carried in the 1955 budget for that purpose lunder the City Ball Repairs account. The motion mas seconded bI Mr. Waldrop and adopted. 5TAOIDM: Council at its meeting of July 16, 1955, having referred to the Ci~! Manager for s~udl, including cost estimates, and report thereon a reconneuda- tiao of the Stadium Advisory Committee that certain improvements to the Municipal 347 Stadium be effected, the City Manager submitted his report, recommending that the following improvements be accomplished in the order listed: 1, Eupseslou Joints $ 5,SlO. O0 2. Seat boards, renem, re-surface end re-number 5,760,00 3, Bridge 12,500,00 4, Re-miring of concession stands 750,00 5. Hot mater heaters 200,00 6, Se-installation of bvich wall ut south end of football field 3,520,00 7, Bleacher seats (appr, $7.50 each) estimated initial need, 2,000 15,000,00 8, Modernize and improve press box 4,773.00 The City Manager advised that the order of importance of these improvements does not coincide mith that set by the Stadium Advisory Committee, Mr, Webber moved to request the City Attorney to furnish Council a legal opinion, stating which of the improvements may be accomplished from funds remaining in the Improvement account from bonds issued for the construction of the Stadium, and to direct the City Clerh to furnish each member of Council with copy of the report of the City Manager. The motion mas seconded by Mr. Mnldrop and adopted. BUDGET-CITY TREASURER-COMMONWEALTH ATTORNEY: The City Manager reported that the Commonwealth Attorney has requested an appropriation of $80.00 and that the City Treasure~ has requested an appropriation of $40.00 for travel expenses to attend the Local Government Officials Conference to be held at Charlottesville. Yirginia, and recommended appropriation of these funds. Mr. Davies moved to concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (~12466) AN ORDINANCE to amend and reordaln Section aU, 'Treasurer', and Section g26, 'Commonwealthts'Attorney'; of the 1955 Appropriation Ordinance, and providing for an emergency.. . (For full.text of Ordinance, see Ordinance Book No, 21, Page Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Mebber, Young. and the President, Mr. Woody ..................... 7. NAYS: None---~ ....................... 0.~ ' ~ BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: Council at its meeting of August 1, 1955, having received from the City Manager a request from the Juvenile and Domestic Relations Court for a transfer of $150.00 from Automobile Allomances to Travel Expense in the 1955 budget and having directed the City Auditor to furnish astatement shoeing what funds have been expended from the Travel Expense account by the Juvenile andDomestic,aelations Court during this year, the City Auditor submittedthe~statementrequested; whereupon, Mr. Young movedto concur in the request of the Judge of the Juvenile and Domestic Relations Court and offered the following emergency Ordinance: (#12467) ANOBBINANCE to amend and reordain Section #23, ~Juvenile and Domestic Relations Court';'of the 1955 Appropriation Ordinance, and providing for 3'48 Mr. Young moved the adoption or the Ordinance. The m,fica nas seconded by Hr. Waldrop and ad.pled by the following vote= AYES: Council members Oa~ies, Hanes. Pickett, Waldrop, Webber, Young, and the President. Hr. Woody ..................... 7. NAYS: None ............ ~ .............. O. REPORTS OF COMMITTEES: ' SMOTE CONTROL: Council at its meeting of January 30 1955, having appointed a committee consisting of Mayor Robert W. Woody, Chairman, Councilman Herbert A. Davies, Mr. James N. ilncanon and Mr. Charles S. Frost to study the Air Pollution Control Ordinance, with the idea of strengthening said Ordinance, and to report its recommendations to Council, the committee submitted its report, transmitting a proposed revision of the Air Poll~tion Control Ordinance and a proposed amendment to Section 1100, of the Oulldiag Code, which it stated in its .pinaco are necessary for the continued effective enforcement of the control of air pollution. Mr. Mebber moved that the proposed revision of the Air Pollntlcn Control Ordinance be referred to the Assistant City Attorney for revision by deletion of the words *or his duly authorized assistant or assistants* in the first sentence of Section 3; the deletion of Section 5. which is provided for under the Building Code; and the revisioc of Section 6, to provide for the Dallding Inspector to transmit to the Director of Air Pollution Control all applications for permits to install heating equipment mithin the City of Roanoke employing solid fuel or commercial oil. mhicb is known as number C or No. 5 or No. 6 oil. including all heating or other combustion equipment for which an installation permit is required having a fuel input of 400.000 Htuts or more per hour, for determination by the Director of the Department of Air Pollution Control whether Or not the'provisions made for the prevention of smoke are of the kind and character to enable equipment or heating device to be operated without violation of the provisions of the Air Pollution Control Ordinance, and to provide for the Director of Air Pollution C~ntrol to advise the Building Inspector thereon, and to provide further that the Huilding Inspector may issue a proper'permit, provided all uther requirements have been met, and that the City Clerk be directed to furnish each member of Council with a copy of the propo~ed amendemcnt to the Building Code. The motion was seconded by Mr. Waldrop and adopted. UNFINISHED HUSINESS: ZONING: Council et its meeting of July 19, 19~5. having recetyed a report from'the City Planning Commission, recommending denial of a petition from Mr. Charlie N., Young that his property located on the corner cf Garden City Boulevard and Yellow Mountain Road, S. E., be rezoned from General Residence District to Business District. and having directed the City Clerk to ascertain mhether or not the petitioner desires a public hearing in the matter, the City Clerk reported that Mr. Arthur E. Smith, Attorney for Mr. Young, has requested that Council hold a public hearing on the request. Mr, Young moved to hold u public hearing on the question ak 2:00 o'clock, p, m** September 19, 1955, in the Council Chamber. The motion mas seconded by Mr.' Davies and adopted. ~ ZONING: Mr. Leigh martin having presented a request to Council that a 5,2 acre tract of land located.on the south side of~reedou Avenue, S, ~,. west of Laegdon Road. be reached From Geuernl Residence D~strlct to Business. District. and the City Planning Commission having submitted its report, recommending denial of the request, I further request from Br. martin that be be permitted to withdraw hl~ request for reaching nt this time nas presented to Council. Br. Banes moved to grant the request of Hr. martin. The motion was seconded by Hr. Davies and adopted. ZONING: Br. Richard T. Edwards, Attorney for Henry L. Strauss. Stanley C. ~einberg, nnd Forest Bills Corporation, having presented a request for permission to withdraw a petition previsouly presented for reaching of the property of the petitioners on Brandon Avenue. S. ~,. adjacent to the west corporate limits of the city, from General Residence District to Business District, upon which first request the City Planning Commission has reported, recommending denial. Mr. Hanes moved to grant the request of Sr. Edwards and permit withdrawal of the petition. The notion mas seconded by Hr. Davies and adopted. ZONING: A petition from John W. McCoy and L. L. Rush, requesting that their property located on Brnndon Avenue, S, W,, near the west corporate limits of the City of Roanoke, be rezoned from General Residence District to Business District, having previously been presented to Council, and the City Planning Commission having reported on the request for rezoning, recommending denial, the City Clerk presented a communication from the petitioners, requesting that a public hearing be held in the matter. Mr. Webber moved to set a public hearing on the question of reaoning the property of John W. RcCoy and L. L. Hush for 2:00 o'clock, p. m., September 19. lgSS, in the Council Chamber. The motion was seconded by Br. Young and adopted. ZONING: Ccuncilat its meeting of Augustl, 1955, having received a report from the City Planning Commission. recommending the denial of n petition from Rome Dealers, Incorporated. at,als, requesting that their property located on Cove Road, N. N.. west of Lafayette Boulevard, be rezoned from General Residence District .to Business District, and.the Cit! .Clerk having been directed to ascertain mhether or not the petitioners desire a public bearing in the matter. theCity Clerk reported that.the petitioners have requested a public hearing upon their petition Br. #aldrop,noved, to hold a public hearing on the request of Hone Dealers, ~Incorporated. et als, at~2:00 o'clock, p. m., September lq. 1955, lathe Council Chamber. Yh~ motion was seconded by Mr. Young and adopted BUILDINGS: A request from Mr. John C. Baislip and Mrs. Edith H. Allen that the city enter into an agreement, amending certain restrictive covenants affecting property which:they own,'havieg been laid over from the previous meeting of Council for study, Mr. Ben B. Richardson, Attorney for Mr. Baisltp and Mrs. Allen. appeared before tbe,bedy,aad edviaed:tbet~the.preperty.of his.elieats~hes been subdivided in.accordance nlrb.the Subdivision:Ordinance.and.that the granting of the request will in no way violate any Ordinance of the City or Roanoke. ~ ~ro ~aldrep moved,that Council conour.in,thereqaest of the petitioners and that the following Ordinance he,placed upon Its first reading: ~(a12468) An O~D.I~ANCE.aathoriniag the execution of an agreement uith John C. fafslip and Edith fi. Allen. et als, agreeing,to abe amendment of certain building restrictions~on certala.properW adjoining city owned property. WHEREAS by deed:dated:May 10, 1940,,recorded June 1, 1940 in Deed Book 275, PagcS?.of the Clerk's.Office of the Circuit Court for the County of Roanoke. Virginia, the Shenandoah Life Insorance Company, incorporated conveyed to Dessie Anita Durham. a tract of land more fully described therein~ and designated as 'Tract D' according to a certain plat of record in the conveyance by Ernest Fisbburn and Anne Davant Flshbun, his wife, to Shenandoah Life Insurance Company, Incorporated. which property.has been subsequently annexed to the City of Roanoke, Virginia. and WHEREAS the said deed contained the following building restriction: 'Only one principal residence and necessary outbuildings in connection therewith, shall be erected on the said trsct of land, and the principal residence building erected on said tract shall Cost at least $?.$00.00, exclusive cf septic tank, well and landscaping.' and WHEREAS, John C. Haislip and Edith H. Allen, are .now the owners of said property and desire to erect four residences on the aforesaid tract of ground each residence costing not less than $15,000.00. and desire au amendment of the aforesaid restriction insofar as it pertains to one residence emil, and ~HEREAS. the City of Roanoke. Virginia, is the owner of a part of a tract of land designated aa 'Tract C' in the original subdivision, and acquired the same by deed dated the 26th day of Febrnary. 1949. from the Shenandoah Life Insurance Company, Incorporated to the.City Of Roanoke, and said conveyance is of record in the Clerkts Office for the Hustings Conrt for the City of Roanoke, Virginia, in Deed Book 789, Page 447, and WDEREAS. the Shenandoah Life Insurance Company, Incorporated, who imposed the original restrictions, is agreeable to amend the same permitting more than one residence to be built upon the Tract D', each residence to cost not less than $15.000.00, and WHEREAS, the City of Roanoke. Virginia has used the major portion of that ~art of the 'Tract C' purchased by it for street purposes and the value of the remaining portion thereof will not be diminished but may be increased by the amendment of, the aforesaid restriction permitting four houses costing not less than $15,000.00 eacb to be erected upon 'Tract Dw, which UTract D', contains 2.718 acres, and : WHEREAS, after considering the matter, this Council is of the opinion that the reqnest of John C. Haislip and Edith H. Allen should be granted and the agreement amending the aforesaid restriction in the manner aforesaid be executed by tan proper antboritfes of the City of Boanoke, Virginia. 351 THEREFORE. ER IT ORDAINED by the Council of the City of Roanoke, Virginia ns follows: I. That the Mayor of the City or Roanoke and the City Clerk be and are hereby directed to execute an lnstruwenk on behalf of the city cf Roanoke. to John C. HnisliP and Edith H. Allen amending the building restriction contained in the deed doted Hay 10. 1940, recorded June 1, 1940, in Deed Dook 2?5° Page 37 of the Clerk*s office of the Circuit Court of Roanoke County. Virginia, after the same shall have been approved by the City Attarney, which amendueat shall provide that four residences way be built upon the tract of ground described In said deed, each costing not less than $15.000.00. exclusive of septic tank, well and landscaping. 2. That nothing in this Ordinance contained shall be construed as altering, in any manner whatsoever, any other ordinance or the City of Roanoke. The motion was seconded by Hr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett. Haldrop, Webber. Young. and the President. Hr. Woody ....................... NAYS: Hone ............................. O. CONSIDERATION OF CLAIRS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREET NAMES: Ordinance No. 12456, changing the name of Naval Reserve Avenue. S. H., to the name of Reserve Avenue. S. R., having previously been before !Council for its first reading, read and laid over, was again before the body. Mrs. Pickett offering the following for its second reading and final adoption: (~12456) AH ORDINANCE changing the name of Naval Reserve Avenue, S. on present and future plats filed in the Office of the City Engineer; and directing that street signs be conformed thereto. (For full text of Ordinance, see Ordinance Hook Ho. 20, Page SO0.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett. Haldrop. Webber, Young. and the President, Mr. Woody ...................... 7. NAYS: Hone ............................ O. PLUHDING CODE: The City Manager having recommended to Council at its meeting of August 1. 1955, the appointment of a committee to recodify and modernize the Plumbing Code of the City of Roanoke, Mr. Saldrop offered the following Resolution: (~12469) A RESOLUTION appointing a committee to recodify and modernize the Plumbing Code of the City of Roanoke. (For full text of Resolution, see Ordinance Book No. 21, Page 5.) Mr. Haldrop moved the adoption of the Resolution. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Raldrop0 Webber, Young, and the President, Mr. NoDdy ....................... NAYS: None ............................. O. 352 SPECIAL PERMiTS~ Hr, Henry B~ Bolnton having appeared before Council et its meeting of August 1, 1955, nnd requested permission to extend footings into the street' beyond the limits set ro~th in Section 405 of the Onildieg Code of the City of Ronnohe, Br. Davies moved that the following Ordinance be placed upon its first rending: (a12470) AN ORDINANCE granting permission, to theU~BuJn Realty Corporation. to extend the foundations of the building it proposes to erect on the southeast corner of Campbell Avenue and First' Street, S. M., slightly more then is presently permitted by Section 305 at the Building Code. · DEREAS. Section 405 of the Bnilding Code of the City or Roanohe prohibits the projection of foundations under sidemnlhs more than I foot beyond the property line and adherence thereto mould entail n large foundation cost to the #acBnin Realty Corporation in the case of the building it presentll proposes to erect on the southeast corner of Campbell Avenue and FIrst Street, S. ¥.; and NBEREAS, the last-mentioned corporation, because of such hardship, has requested this body to waive the aforesaid restriction, in this instance, and to grant it permission to extend the foundation of the aforementioned building under the sidewalks in the manner, and to the extent only, as is shown on a plan therefor, prepared by Carneal and Johnston. Architects and Engineers of Richmond, Virginia, dated July 28, 1955. and on file in the Office of the Clerk of this body; and WHEREAS, both the City Manager and the Director of Public Works hove concurred in the granting of such permission. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That permission be, and the name is hereby, granted unto the BacBain Realty Corporation to extend the foundations of the building it presently proposes to erect on the southeast corner of Campbell Avenue and First Street, S. ~,, In the City of Roanoke, more than I foot beyond the property line but. neverthelesa. in strict compliance with the plans therefor, prepared by Carneal and Johnston. Architects and Engineers of Richmond. Virginia, hearing date July 28. 19SSo and file in the Office of the City Clerk; 2. That the said BacBain Realty Corporation shall, by acting under this Ordinance, be deemed to agree to indemnify and save harmless the City of Roanoke and all other persons and corporations of and from any and all clalls for damage to persons and property by reason of availing Itself of the permission heretsabove granted in the construction and maintenance of its proposed building. The motion was seconded by ~r. Banes and adopted hythe following rote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Wr. Woody .................... 7. NAYS: None .......................... O. DELINQUENT TAXES: The City Wanager having recommended to Council at its meeting of August l. 1955, that certain properties be subjected to the lien for delinquent taxes and other assessments thereon, Mr. Hanes offered the following Resolution: (z12471) A RESOLUTION authorizing and directing the ln~titution and conduct of suits in equity for the purpose of enforcing the Clty*s lien for delinquent taxes and other assessments against certain properties standing in the nome or the respective record owners thereof; and providing for an emergency. (For full text of Resolution. see Ordinance Dook No. 21, Page 5,) Mr. Hanes moved the adoption of the Resolution. The motion was seconded by Mr. Waldrop and adopted by the ~olloming vote: AYES: Council members Davi~s,. H~ues,, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ................ NAYS: None ........................... O. ZONING: Council at its meeting of August 1, 1955. having directed the preparation of an Ordinance, providing for the rezoning of property on the west side of Thirteenth Street, S. W., between Campbell Avenue and Cleveland Avenue. from Special Residence District to Business District, the said Ordinance was presented, along with a letter from Mr. James M, Hesmer, Chairman of the Official Board of the ~est End Methodist Church, requesting Council to delay action in the matter for two weeks in order to permit his Board to study the question. Hrs. Pickett moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. Banes and adopted. MOTIONS AND MISCELLANEOUS BUSINESS: CITY PLANNING COMMISSION: MaYor Woody statod that it is quite obvious from the number of matters being referred by Council to the City Planning Commission that the Commission is being overloaded with work and requested members of Council to consider the problem with a view of future action to relieve the burden on the City Planning Commission. There being no further business, Council adjourned. APPROVED COUNCIL. REGULAR MEETING. Monday. August 29. 1955. The Council of the City of Roooohe met in regular meeting 1o the Coeocll Chomber lB the Muoicipal Building. Monday. August 29. 1955. ut 2:00 *°clock. p. m.. the regulor meeting hour. mith the President. Mr. Moody. presiding. PRESENT: Council members Davies. Banes. Pickett. Webber. Young. end the President. #fo Woody .................... ABSENT: Mr. Waldrop ............. 1. OFFICERS PRESENT: Whittle. City Attorney. Mr. Harry R. Ye,es. City Auditor. and Mr. J. Robert Thouas. City Clerk. The meeting mas opened with a prayer by Mr. Arthur S. Owens. City Ranager. MINUTES: Copy of the minutes of the regular uae,lng held on Monday. August IS. 1955. having been furnished each member of Council. upon motion of Mr. Davies. seconded by Mr. Banes and adopted, the reading was dispensed with and the minutes approved as recorded. ItEARING OF CITIZENS UPON PUBLIC RATTERS: ZONING: A public hearing on the request of Mr. Earl A. Buck that several lots located on the north side of Jamison Ave*ne. S. E.. between Twelfth Street and Thirteenth Street. be rezoned from General Residence District to Business District. having been set for 2:00 o'clock, p. m.. August 29. 1955. and properly advertised, and the City Planning Commission having reported, recommending that the request of the petitioner be granted, the hearing was held at which no objections were presented by property owners or other interested parties; whereupon, Mrs, Pickett moved that the following Ordinance be placed upon its first reading: (~12472) AN ORDINANCE to amend and re-enact Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke. Virginia, in relation to Zoning. NDEREAS, application has been made to the Council of the City Of Roanoke to have property located on the north side of Jamison Avenue, S. E., described as part of Lots 21 and 22, part of Lots 22 and 23, part of Lots 23 and 24, and part of Lots 24 and 25. Block 10, Map of Oakridge, rezoned from General Residence District to Business District; and MBEREAS, the City Planning Commission has recommended that the above property be rezooed from General Residence District to Basiness District as requested; and WHEREAS, notice required by Article II, Section 43, of Chapter SI. of the Code of the City of Roanoke, Virginia. relating to Zoning. has been pnblished in 'The Roanoke World-News~, a nemspaper published in the City of Roanoke, for the time required by said section; and MHEREAS, the hearing as provided for in said notice published in the said nemspaper was held on the 29th day of August, 1955, at 2:00 o'clock, p. m.. before the Council of the City of Roanoke, in the Council Room in the Municipal Building, at which hearing no objections were presented by property owners and other interest, parties in the affected area; and NR£REAS. this Council. after eo~nideriag the application for rezoning, is or the'opinion that the nb,re propert~ should'be re',ned us requested. TMER£FORE. ME' IT OR~AISEO ~y the Council of the Cit~ of R,sa,kc that Article I. Section 1. of Chapter 51. of the Code of ibc City of ~osuoke. ¥1rginJa. relating t~ Zoning. be auended and re-enacted in the r,Il,wing particular and u, other, viz: Property located on the north side of Saaison Avenue. S. £.. between 12th Street and 13th Street. S. E.. described as part of Lots 21 and 22. Block 10. Map of Oakrldge. Official Ny. 4120520; part of Lots 22 and 23. Block 10. Map or Oakridge. Official No. 4120521{ part of Lots 23 and 24. Block 10. Mapof Oakridge. Official No. 4120522; and part of Lots 24 and 25. Block i0. Nap of Oakridge. Official No. 4120523. be. end is hereby changed from General Residence District to Business District. and the Zoning Hap of the City of Roanoke. Sheet No. 412. shall be changed in this respect, The motion was seconded by Hr, Davies and adopted by the following vote: AYES: Council members Davies, Banes, P~ckett, Nebber, Young, and the President, Mr. ~oody NAYS: None ....................... O. (Mr. Maldrop absent) DO~DS-SCH00LS: The Roanoke City School Doard appeared before Council and presented a request that Council authorize the issuance of $5.4~5.000.00 of bonds for the construction of school plants and submit said issue to the freehold voters of the city at the earliest' practicable date. the School Board advising that the requested issue is intended to cover the first phase of its construction program and will Include two new high schools. ~ive new elementary schools, an addition to one Junior high school and additions to two elementary schools. The Doard further requested that Council advance funds for site acquisition and architect fees. to be used pending receipt of funds from the sale of the bonds, tn order to speed up the construction pr,gram. In response to questions by members of Council. the Doard advised that th~ is included in the first phase approximately $450.000.00 for tho acquisition of land and $125.000.00 in architectural fees. but that only a portion o~ such funds can be exp~nded prior to the sale of the bonds, tf authorized, and in consequence. the amount of advances will be less than these amounts. The Board further advised Council that it b~lieves a referendum on the bond issue should not be called until next spring. Mr. A. Auson Jamison presented the following Resolution of the South Roanoke Parents Association: #(1) We desire to express our approval and support for a satisfactory local school bond issue. (2) Me request that the abolishing of all split school sessions in Roanoke be specifically expressed as part of the Phase One minimal requirements of the local shhool bond issue. (3) ~e request that Council's decision regarding a satisfactory school bond issue be not delayed by debate regarding the segregation issue.~ Mr. #abbey stated that before taking any action on the request Council should have the program of'the School Board covered in phase one outlined as to 355 356 geleral locution'mod specific construction and moved to table the matter until the meeting or September 19, 1955, amd to request the School Board to furnish such information by that time. The motion was seconded by #r. Hanes and adopted. PETITIONS AND CORBUNICATIONS~ BONDSoSCFlOOLS: A communication from the Roanoke City School Board, adviSllg that it has exercised options to purchase two parcels of land adjoining gashiugtou Park as a site for the erection of a new school building to replace the present Gainsboro School at a cost of $1O,O00,O0, the purchase price to be paid out of the $350,000.00 advance authorized by Council at its meetiog of April 4, 1955, was before Council. Resolutions and Ordinances as directed by Council at its meeting of April 4, 1955. providing for the advance of the $350,000.00 to the Roanoke City School Board and providing for the sale of $350,000.00 of bridge improvement bonds, said Resolutions and Ordinances to be presented to Council at its next regular meeting. The motion mas seconded by Mr. Young and adopted. ZONING: A communication from the Physicians Clinic. Incorporated. et als, requesting that their property being Lots 5 throngh 16, inclusive. Block 50. Crystal Spring Land Company, be rezoned from Special Residence District to Business District, was before Council. Mr. Yonog moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Davies and adopted. S£BACE DISPOSAL: A communication from the Town of Salem, requesting that the existing contract between the Town of Salem and t~ City of Roanoke, relating to the treatment of sewage, be amended to permit inclusion of wastes from the Koppers Company plant, was before Council. Mr. Doyies moved to refer the communication to a committee consisting of Messrs. Roy L. Webber, Chairmon, Baiter L. Young, Arthur S. Owens. and Randolph G, Whittle for study and recommendation. The motion was seconded by Mr. Hanes and adopted. SEWERS: A communication £rom Mr. G. A. Brickman, requesting that he be informed if any actions or projects are contemplated by Council in the near future that would affect development of acreage surrounding his residence at 407 Florist Road, N. M., was before the body. Mr. Hanes moved to refer the matter to the City Manager for study and report to Council. The motion was seconded by Br. Davies and adopted. REPORTS OF OFFICERS: SEMERS: The City Manager reported that Messrs. Tom Stockton Fox and Morton Honeyman, Attorneys for owners of property on MayBe Street, N, E., from Milliamson Road west to Wllkins Street, and on Milkins Street north to Sycamore Avenue, and on Sycamore Avenge a distance of approximately 350 feet, have requested that the city constrnct a sewer project on the basis of one-half cost being paid by the property omners to serve said property, the total estimated costof the project being $4.200.58, which request has previously been before Council and tabled for consideration at budget study sessions. The present request being reduced in cost, Rr, Dubber moved to refer the imatter to the City Manager as in administrative matter for his action, The motion mas seconded, by hr, Young amd adopted., STORM DRAINS: The City Manager reported that he bas contacted Or, Myron N, Cooper Or the ¥1rgiaia Polytechnic Institute with reference to a survey of the Round Rill section to determine whether or not druiuage shafts will properly take cure of drain mater in the urea us directed by Council at its meeting of August 15, 1955, and that Dr, Choper's services in the matter will cost $250,00, the City Manager, therefore, requesting an appropriation of funds for tkispurpose, Rr, Young moved to concur in the request or the City Ranager and offered the following emergency Ordinance: (a12473) AR ORRINARC£ to amend and reordain Section ~141, "Sewer and Drain Construction', of the 1955 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 21, Page 9.) hr, Toung moved the adoption of the Ordinance, The motion was seconded by Rt, Banes and adopted bT the following vote: AYES: Council members Davies, Banes, Pickett, #ebber, Toung, and the President. Rr. Moody ................... 6. NAYS: None ..................... O. (Mr. Maldrop absent} STREET LIGBTS: The City Manager recommended the installation of one 2500 lumen street light on Allison Avenue, S. M., east of Fifth Street, Mr. Hanes moved to concur in the recommendation of the City Manager and offered the following Resolution: (~12474) A RESOLUTION authorizing the installation of one 2500 lumen over- head incandescent street light on Allison Avenue, S, N., east of Fifth Street. on Pole RD. 276-583. (For full text of Resolution, see Ordinance Book No. 21. Page 9.) Rt. Hanes moved the adoption of the Resolution. The motion was seconded by Br. Davies and adopted by the following vote: AYES: Council members Davies. Hanes. Pickett. Nebber, Young, and the President, Mr. Woody .................. RAYS: None .................... O. (Mr. Waldrop absent) BUDGET-INSURANCE: The City Manager reported that no funds are available in the 1955 budget to cover the cost Of a premium on boiler and machinery insurance covering equipment at the City Market, City Boll and the Tuberculosis Sanatoriam and requested an appropriation of $1.120.50 for this purpose. Mr. Hanes moved to concur la the request of the City Manager and offered the following emergency Ordinance: (~12475) AN ORDINANCE to amend and reordaJn Section #41, "Tuberculosis Sanatorium"; Section ~96. "Municipal Building"; and Section ~09, *Rarket"~ of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21. Page 9.) Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: 357 358 AYES: Council members Davies, Hones, Pickett, Mebbero Young, and the President, Mr. Moody ............... NAYS: ~one ................... O. (Mr. Waldrop absent) PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Council at its meeting of Ac~st 15, 1~55, having directed the City Maaager'aad the Director of the Department of Parks and Recreation to ascertain the availability and cost thereof of the Hartsook Estate in the Garden City area for park purposes and report thereon, the City Manager reported that the Hartsook property containing approximately 500 acres is available, but that The First Watlonal Exhsnge Dank is unwilling to place a;per acre cost:thereon and has suggested ~hat the city mahe au offer for the ~oper~y~ th~ City gRanger:reporting further'that a 4.72 acre tract of land owned by the Cyphers family is available and recommended that this site be considered by the City Planning Commission. Mr. Rants moved to ~ble the matter for further consideration, The motion ..... dod by Mr~You*g and'~doptcd: PURCHASE OF PROPERTY-STREETS AND A~LEY5: As directed by Council at its meeting of July ID, 1955. the City Manager reported that he has entered into negotiations with the omners of the property located on the southeast corner of Fra~hlJn Road and Second Street, S, W., for the purchase of ~eceasary land to provide for a 25-foot radius of the said co~ner at the property line as recommended by the City Planning Commission, and that the omners of the property mill not accept lena than $2,000,00, whereas, the property has been appraised by competent real estate people who have set a value thereon of $1,349.73, the City Manager recommending that a final offer be officially made by Council for the property in the amount of $1,349.73 as a preliminary to the institution of condemnation proceedings. Mr. Davies moved to concur in the recommendation of the City Manager and to direct the City Attorney to prepare the necessary Ordinance mak'ing the offer as recommended. The motion was seconded by Mrs. Pickett and adopted, SENAGE DXSPOSAL: The City Manager reported that there are certain areas now being developed within the city limits of Roanoke for which it would be more economical and feasible to discharge the sewage into the p~oposed 15-inch sanitary interceptor sewer of Roanohe County along th~ eastern boundary of Tinker Creek and presented a letter from the Roanoke County Sanitation Authority, advising that it can aec no reason for any difficulty in making satisfactory arrangements for such connections. Mr. Davies moved to refer th~ matter to a committee consisting of Messrs. Roy L, Webber, Chairman, Walter L, Young, Arthnr S. Owens and Randolph G. Whittle for study and recommendation. The motion was seconded by Mr. Hanes and adopted. . SALE OF PROPERTY: The City Manager advised that he has received an offer $200.00 from Mr.' C. F. Eefauver for one half of Lot 22, Block 3, Map of Crozier. Official Tax No. 305090~, ~nd that ~e has had said l'~t inspected by the City Attorney and the City Auditor and the three of them recommend acceptance of the offer. Mr. Mebher moved to concur in the report of the City Manager and to direct the City Attorney to prepare the necessary Ordinance for the sale of the property recommended by the City Manager. The motion mas seconded by Mr. Young and adopted. STADIUM: In response to t directive of Couscil at its meeting of August 15. 1955, the City Attorney rendered aa opinion, advising that only eem capital improvements may be made from rands derived from the sale of bonds for the Armory, Stadium end Athletic Field and that none o~ said funds mey be lawfully' used to maintain or repair any portions ~her~or heretofore constructed. Mr. ~ebber moved to table the matter until the next regular meeting of ~ouncll. The motion mas seconded by Mr. Davies and adopted, SEVERS: As directed by Council' at its meeting of July 18. 1955, the City Attorney presented au opinion that the city is ueder no legal or moral obligation to undertake to correct conditions in the sewer which cause a backup of sewage into homes on Mount Vernon Road and Brandon Avenue, S, Mr. Young moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. ~ehber and adopted. REPORTS OF COMMITTEES: CURB AND BUTTER-STREETS AND ALLEYS: On the request of Mr. R. R. Quick thst be granted permission to install curb and gutter and street paving on Lofton Road and Deerfleld Road. S. M., the committee consisting of Messrs. Walter L. Young. Chairman, John L. ~entworth. Randolph B. #hattie and Uarry R. Yates. to which the matter mas referred by Council at its meeting of August 15. 1955. submitted its Feport. recommending that the request of MF. Ouickbe denied and suggesting that Council give serious thought to amending the Subdivision Ordinance so as to require the subdivider to install, at his co~t, curb and gutter in the development or, at least, in those portions thereof where ~ would serve other than aesthetic purposes. Mr. Quick appeared before C~uncil and urger that the body give consideration to his request even though the committee has recommended against it. Mr. Webber moved to concur in the report of the committee and deny the reque~ of Mr. Quick. The motion was seconded by Mr. Young. MFo Davies offered a substitute motion to defer action on the committee report until all members of Council are present, The substitute motion mas seconded by Mrs. Pickett and adopted. FXRE PROTECTION: Council at its meeting of August 15. 1955, having referred to a committee consisting ofMessrs. Malter L. Young, Chairman, Arthur S. Omens, Randolph 6. Mhittle and L. B. Leftmich a Flammable Liqaids Ordinance proposed by the City Manager for study and recommendation, the COmmittee reported, transmitting a revised Flammable Liquids Ordinance which it recommended be adopted. Mr. Uanes moved to concer in the report of the commtttee and offered the following emergency Ordinance: (n12476) AN ORDINANCE governing the storage and sale of flammable liquJds~ requiring permits for and regulating the lnstallatinn of tanhs for the storage of flammable liqeids; authorizing inspections; providing penalties for non-compliance mith and the citation of the Ordinance; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21. Page 10.) 359 36O Hr. Hanes moved the adoption of the Ordinance. ,The motion nas seconded by Hr. Davies aid adopted by the follomisg vote: AYES: Council members Davies. Hanes, Pickett, Mebbor, Voung, and the President, Hr. Woody .................... 6. NAYS: None ...................... O. (Hr. Waldrop absent) UNFINISHED BUSINESS: SALE OF PROPERTV-GRADE CROSSINGS: Council at its meeting of October 25, 1954 having tabled a request from E. 0. end Nary A. Prllloean that the body authorire the sale to then of n portion of Lot ?, Scott and Nrlg~t Nap, until it could be determined what portion of the lot would be available for sale after completion of a portion of the Jefferson Street Grade Crossing £1imiuation Viaduct and ProJect In the northeast section, at which time Council signified Its intention to approve the sale of so Bach of the property in question as is surplus to the city*s needs, Mr. Richard F. Pence, Attorney rot the Prlllamans, requested that the body now authorire the sale of the residue of the property. Hr. Webber moved to concur in the request and that the folloming Ordinance be placed upon its first reading: (n12477) AN ORDINANCE authorizing the sale of a portion of Lot 7, according to the Scott and Yrigbt Nap, to E. D. and Ma~y A..Prfllaman. WHEREAS, E. D, and Mary A. Prillaman, husband and wife, have made the City aa offer, in writing, to purchase the hereinafter described portion of Lot 7, Scott and Nright Map, for the cash sum Of $2200.00 net, and, as a part Of their said offer, have agreed to convey to the City, in fee simple, the westerly 5 feet of Lot 5, according to the aforesaid map; and MRER£AS, the lute David R. Etherldge, Sr., shortly prior to his recent demise, advised the City Manager that, ia bis opinion, the sale of said reol estate by the City for the above consideration, was reasonable, fair and protective of the City*s interest; and NREREAS, the real estate herein authorized to be sold is not needed ns right of way for the Jefferson Street Grade Crossing Elimination Viaduct ~nd Project but constitutes a small residue of a lot acqoired for such right of way; and NHEREAS, Couocil is of the opinion that the aforesaid offer is fair and reasonable and should be accepted by the City; which opinion is shared, and has been consented to and concurred, by the Norfolk and Nestern Railway Company in writing; THEREFORE. BE XT ORDAINED by the Council of the City of Roanohe that the offer of E. D. and Mary A. Prfllaman, husband and wife, os above set fort~, be, and the same is hereby, accepted and that the proper City officials be, and they are hereby, authorized and directed, for and on behalf of the City, upon payment ~ the cash sum of $2200,00 net to said City and upon the execution and delivery to Ithe City of a deed in form approved by the City Attorney conveying to the City, in fee simple~ the westerly 5.0 feet of Lot 5, according to the Scott and Wright Map, dated J~ly, 1986, to execute and deliver a deed upon such form as is approved by the City Attorney conveying, mith special warranty of title, unto E. D. and Mary A. Prillaman, husband and wife, the following described lot or parcel of land, sitoated in the City of Roanoke, Virginia, to-wit: BEGINNING at a point on the division line between Lots 6 and Y of the Scott nod Vright Mop, doted July, 1888, sold beginning point being located the following two (2) courses nod dlstooces iron the point of intersection or the present west line of Second Street. N. E** with the present east line of Cowmonueolth Avenue; i.e** S. 39° 5?* 3?' ~. un actual distance of 179.28 feet (178.8 feet by deeds) tod S, OBo 48* 20' E. 6,41 feet~ thence leaving the said begioolog point lq, 39° 570 37u E, 19.16 feet to a point of curve; thence with u curved lioe to the right au arc distance of 66.04 feet, radius of sold curve being 40.0 rent with a chord bearing and distance of S. 760 25' 05" £. 70.39 feet, to a point or taegency on the newly established west line or Second Street; thence with sene S. 16° 4?* 47" £. 2.37 feet to a point on the division line between Lots 6 and ? of the aforesaid nap; thence with same B. 66° 46" 20" ~. BI.9? feet to the place of BRGIUNIlqG; containing 1,737.39 square feet, more or lena. and Being n portion of Lot ? of the Scott and Nright Hap, dated July, 1888, BEIlqG · portion of the same property acquired by the City of Uoanoke in certain condemnation proceedings, certain papers in which are of record in the Clerhts Office or the Oustings Court of the City of Uoanoke, in Deed Book 929, Page 228. Legally reserving, however, in said deed or otherwise the full right of the City. its contractors and agents, to make such use of said land as it may desire, and without any charge therefor, until the aforementioned Viaduct shall have been fully constructed and placed in use. The motion was seconded by Ur. Banes and adopted by the following vote: AYES: Council members Davies, Banes, Pickett, ~ebber, Young. and the President. gr. ~oody- .............. ---6. lqAYS:~lq0oe .................... O. (Ur. Waldrop absent) SUOK£ C0lqTROL: Council at its meeting of August IS, 19$5.having directed the Assistant City Attorney to make certain revisions In the proposed amendment to the Air Pollution Control Ordinance. said Ordinance, revised as directed. was again before the body. The City Clerk advised that Ur. I~aldrop has requested that the matter be Iai There being no objection, the matter was laid over until the next regular meeting of Council. BRIDGES: A request of the ltallins Road Civic League for the construction of a viaduct over the lqorfolk and Western Railway lines to connect Liberty Road and Jfundy Road, lq. E., having been referred by Council at its meeting of April 26, 1954. to th, e City Planning Commission for study and recommendation, the Planning Commission reported that after considering the matter it recommends that Council construct a vehicular underpass to connect Liberty Uoad and Unndy Road, N. E., under the lqorfolk and ~festern Railway lines. Ur. ~febber moved to direct a committee consisting of messrs. Arthur S. Owens Chairman, Randolph 6. Uhittle and Barry U. ¥otes to study the question of necessary land acquisition for a vehicular underpass as recommended bY the City Planning Commission and for the widening of Liberty Road from Lukens Street to connect with the said project and to report the amount of land required and the probable cost thereof; also, to direct the City Clerk to furnish members of Council with copies of the Planning Commisslon's Plan and Profile of the project and estimated cost thereof. The motion was seconded bY Ur. Young and adopted. 361 362 Home, Incorporated, that property located on the meat side.of Franklin Road, S. W., between Highland Avenue and Washington &venee, be rezoned from Special Residence District to Business District, the City Planning Commission reported that in its opinion rezoniag of the said lots mill be a natural extension of the existing Business District on Franklin Road and mill Eot materially change the chnractero! the immediate neighborhood and recommended that the request be granted, Mr. Young moved to set a public hearing on the question for 2:00 o'clock. p. m.. September 2&, 1955, in the Council Chamber. The motion mas seconded by Hr. Rebber and adopted. STREETS AND ALL£YS: Council at its meeting of July 5. 1955, having referred to the City Planning Commission for study and recommendation a p~oposal of the City #anager that a connection betmeen Short Avenue and Pocahontas Avenue. N. east of Williamson Road, be accomplished, the City Planning Comuission reported that it mould be advantageous to the property omners and lu the interest of the public to acquire the necessary land to connect said avenues and recommended that Conncil take n~cessarF action to acquire the land and connect said avenues. Mr. Hanes moved to concur in the recommendation of the City #anager and the City Planning Commission and to authorize the city Manager to negotiate for the purchase of the necessary property. The motion was seconded by Mrs. Pickett and adopted. CONSIDERATION OF CLAIMS: KONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTION: BUILDINGS: Ordinance No. 12466. authorizing the execution of an agreement with John C. Raislip and Edith H. Allen, et als. agreeing to the amendment Of certain bnlldtn9 restrictions on certain property adjoining 'city-owned property, having previously been before Council for its first reading, read and laid over. mas again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (~12468) AN ORDINANCE authorixing the execution of an agreement with John C. Haislip and Edith H. Allen. et als, agreeing to the amendment of certain building restrictions on certain property adjoining city owned property. (For full text of Ordinance, see Ordinance Book No. 21, Page 6.) Mrs. Pickett moved the adoption of the Ordinance. Themotion mos seconded by Mr. Banes and adopted by the following vote: AYES: Council members Davies. Hanes, Pickett, Webber. Young. and the President, Mr. Woody .................... NAYS: None ...................... O. (Mr. Waldrop absent) SPECIAL PERMITS: Ordinance No~ 12470, granting permission to the MacBain Realty Corporation to extend the foundations of the building it proposes to erect on the southeast corner of Campbell Avenue and First Street, S. W., slightly more than is presently permitted by Section 405 of the Building Code, having previously been before Council for its first reading, read and laid over, mas again before the body. Mr. Davies offering the folloming for its second reading and final adoption: (a12470) AN ORDINANCE grantiog permlo~lon~ to the Becnain RaRity Corporation to extend the foundations of the building Jt proposes to erect on the southeast corner of Campbell Avenue and First Street. S. W,. slightly more then is presently permitted by Section 405 or the Building Code, (For full text of Ordinance, see Ordinance Book No. 21, Page Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Br. Duces and adopted by the following vote: AYES: Council members Davies, Hanes,'Plchett, Webber, Young, and the President, #r, Woody .................. 6. NAYS: None .................... O. (Hr, Waldrop absent) ZONING: Council et its meeting of August 15, 1955. having tabled a request for rezoning of property on the west side of Thirteenth Street, S. W.. between Campbell Avenue and Cleveland Avenue, from SpeCial Residence District to Business DiStrict, for consideration at its next regular meeting, at the request of the Chairman of the Official Board of the ~est End Bethodist Church. a letter from the Official Doard of said church, advising ~hat a~ter considering'all ~he factors involved the Board would take no action in the matter, was presented to the body. Hr. Webber moved that the following Ordinance be placed upon its first reading: (s12470) AN ORDINANCE to amend and re-enact Article I, ~ec~lo~ 1, of Chapter 51 5f th~ C~de of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS. application has been made to the Council of the City of Roanoke to have six parcels of land located on the West side of 13th Street, S. bounded'N~rth by Campbell Avenue, S, W,, on the South by Cleveland Avenue, S. and extending in back from 13th Street the depth of the lots, described as' Lots 1, 2, 3, 4, 5. 6, ?. O, the Southerly part of g and 10 and the Northerly part of and 12, all in Block 4, Bountain View L~nd Company and bearing official Nos. 1220421, 1220420, 122041~, 122o41~. 122041?. 122o41~, rexoned fro~ Special Residenc~ District to Business District, and WREREAS, the City Planning Commission has recommended that the application rezone the property be denied; and WHEREAS. notice requ~ed by Article XI, Section 43, of ~ha~ter 51 of the Code of the City of Roanoke, relating to Zoning, bas b~en published in ~Yhe Roanoke World News~, a newspaper published in the City of Roonok~ for thetime required by said Section; and NRER£AS, the hearing, provided for in said notice published in the said nexspaper was held on the loth day of July, 1~5§ at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council R~om in the Municipal Building, at which hearing evidence both for and against said rezoning mas presented by property owners and other interested parties in the affected area; and WHEREAS, this Council, after coes'lderi~g the application for rezoning. the report of the City Planning Commission, and the evidence presented, is of the opinion that'the above property' should be renoned as requested: 363 364 THEREFORE, BE IT ORDAINED by tho Council of the City of goa~ke that Article I, Settlor 1, of Chapter 51 or the Code of the City of Roanoke, relatiug to Zoning, be amended and re-enacted ia the rolloulag particular aud an other, viz: Those six parcels o! land l~cated in the City o! Roanoke aa the West side of 13th Street, S. H., bounded au'the north by Csupbell Avenue, S, #., on the South by Cleveland Avenue, S, N., and extending bach from 13th Street the depth of the lots, described ~s Lets 1, 2, 3, 4. 5, 6. 7, D, and the southerly part of Lots 9 and 10, and the Northerly part of Lots 11 and 12, all la Hlock 4, Mountain View Land Company. and bearing Official Numbers 1220421, 1220420, 1220419, 1220410, 1220417 and 1220416. be. and the same are hereby changed from Special Residence District to Dusiness District, and that the Zoning Map shall be changed in this respect. The motion was seconded by Hr. Davies and adopted by.the following vote: AYES: Council members Davies, Hanes, Webber, Young, and the President, Mr. Moody ................... NAYS: Mrs. Pickett ...... 1. (Mr. Maldrop absent) STREETS AND ALLEYS: Council at its meeting of August IS, 1955, having directed the City Attorney to revise a proposed Ordinance, permanently vacatiug, discontinuing and closing all streets and alleys located on the property lying north of Wise Avenue, S. E.. west and south of Tinker Creek. by providing for the tion of easements in Twentieth Street and Twenty-first Street, S. E., Hr. Young that the following Ordinance be placed upon its first reading: (#12479) AN ORDINANCE permanently vacating, discontinuing and closing all streets and alleys located upon the property lying north of Mine Avenue, S. E., west and south of Tinker Creek and bouuded on the west by the east line of 16th Street, ,S. E., extended, said streets and alleys being embraced within the bounds of Section~ 33, 34. 35, 37, 36 and 39. McDonald Addition. WHEREAS, Ro Fletcher Epperson and Marion So Hattle have heretofore filed a petition before the Roanoke City Council in accordance with law, requesting Cooocil to permanently vacate, discontinue and close streets and alleys located north of Wis( Avenue, S. E.. west and south of Tinker Creek and bounded on the west by the east of 18th Street, S. E,, extended, said streets and alleys being embraced within the bounds of Sections 33, 34, 35, 37, 38 and 39, McDonald Addition,, ali within the cat of Roanoke, Virginia. and as to the filing of said petition due notice was given to the public as required by law, and HHEREAS, in accordance with the said petition, viewers were appointed by Council to view the property and report in writing what inconvenience, if any. would result from permanently vacating, discontinuing and closing the said streets and alleys above referred to, and WHEREAS, it appears from the report in writing filed with the City Clerk, together with the affidavit of said viewers, and a recommendation of the Planning Commission to the City Council that no inconvenience would result either to any individual or to the public from permanently vacating, discontinuing and closing the said streets and alleys above referred to, to which report on exceptions have been Filed, and WHEREAS, niter due notice published in the Roanoke World-Hews on the Sth day of August, 195S, directed to any person interested in the permsnently ·moating, dis- ~ontlnuing and closing of said streets and alleys, h public hearing was held before ihe City Council or the Clay'of Roanoke nt 2:00 o'clock, p. m,, on August IS, 1955, at which hearing no one appeared and offered any objections why the aforesaid streetl and alleys should not be permanently vacated, discontlnbed and closed~ and HREREAS, in the opinion of the City Council of the City of Roanoke, the ~ermsaently vacating, discontinuing and closing of said streets end alleys ns set Forth herein would result.in no inconvenience to any individual or to the public, and WHEREAS, the petitioners have agreed to bear end defray the costs and expense incident to the closing of the said streets nad alleys, THEREFORE, BE IT ORDAINED by thh Council of the Cit~ of Roanoke, Virginia, that all streets and alleys located upon the propert! lying north of Wise Avenue, S. R., mest and south of Tinker Creek'and bounded on the west bT the east line of 15th Street, S. E;, extended, said streets and alleys being embraced within the bound of Sections 33, 34, 35,37, 3H and 39, mcdonald Addition, all within the City of Roanoke, Virginia, be and the same is hereby permanently vacated, discontinued and' closed; reserving, however, unto the City of Roanoke any and'Ill existing easements in the'streets nad alleys hereby'vacated, discontinued end closed, ond, also, unused easement rights within those ~ortlons of Twentieth and Twenty-first Streets, S. hereby vacated, discontinued nnd closed, for the purposes of subsequently installing and maintaining requisite municipal facilities and ~ervices tberein~ BE IT FURTHER ORDAINED that the CityEngineer be. and he Is hereby directed to mark 'Permanently Vacated, Discontinued, and Closed' the said streets end alleys above referred to on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, Virginia, on which said m3ps and plats said streets and alleys areshown referring to'the'book and'page of Res~utions and'Ordinances of the Council wherein this Ordinance shall be spread.' BE IT FURTHER ORDINANED that the Clerk of this Council deliver to the Clerk of the Hastings Court for the City of Roanoke, Virginia, a copy of this Ordinance in order that said Clerk'may make proper notation on all maps or plats recorded in his officeuponwhich are shown the said streets and alleys herein permanently vacated;'discontinued and closed as providedby law, 'The'motion w~s seconded by Nr; Hanes and Sdopted by the following rote:' AYES: Council members Davies. Hanes, Pickett. Webber, Young. and the Preside] Hr. Woody--~ ............ 6. '' NAYS: None ...... 0.' (Mr. Waldrop absent) JUNIOR CHAMBER OF COMMERCE-PARKS'AND PLAYGROUNDS: The;Roanoke Junior Chamber of Commerce having requested Council at its meeting of Augest 15, 1955, to amend' rdinanc~ No~'11526, ad~pthd on thellth day Of August,'lgS2, authorizing the said mber tn install and operate a miniature train in the Children*s Zoo area on Mill Mountain. to provide for additional capital improvements in connection with said itrain nnder'certal~ terms'and conditions, Mrs. Plckettnoved that the following Drdinance-be~plaCed, upon"itsfirst reading: ' (~12490) AN ORDINANCE to emendand reordain Ordinance No. l1526,'ado~ted by thin'Council on the llth day of ~ugust, 1952, entitled; 'AN ORDINANCE authorizing the Roanoke Junior Chamber'of Commerce'to install and operatea miniature train in the Children*n Zoo area on Mill Nountatn upon'certain terms and cond'ltions*. 3'65 366 ~HRMEA$. agreeable to the provisioaa of Ordioauco Ho, 11526, adopted by this Council gu the llth day of August, 1952, the Roanoke Jailor Chamber of Commerce bas installed and operated.? m?lature train in the Chlldren*s Zoo urea on Mill Mountain and ~H£REAS, paragraph Ho. Z of the aforesaid ordinance limited th~ original actual cost that the said Roanoke Junior Chamber of Commerce could incur rot the ~rain and for the installation of the track and tunnel to · sum not to exceed H3,500.00, and #HEREAS. the said Roanoke Junior Chamber of Commerce has, by letter addresse~ the Clerk of this Council under date of August 12. 1955, informed this Council tha it had invested nightly note than the $13,500.00 above-mentioned and requested that the aforesaid ordinance he amended so that it might make and reenter additional capital expenditures in the amount of $3,500.OO, and MIIEREAS, this Council is agreeable to granting such request! THEREFORE. BE XT ORDAINED by the Council of the City of Roanoke that Ordleanc No. 11526. adopted on the llth day of August, 1952. be, and the same is hereby, amended and reordained so as to read as folloms: 1. That the Roanoke Junior Chaober of Commerce be, and it is hereby, authorS2 install and operate a ntnhture train in the Children's Zoo area on Mill Mountain a precise location to he approved by the City Manager. and upon the terms and ditions hereinafter set forth, ~. That the said Roanoke Junior Chamber of Commerce is hereby, authorized to make and collect reasonable charges from those electing to ride upon said miniature train and retain all of the net income so received, determined after the deduction of all necessary expenses incurred in the operation of the project, until such time the actual cost of the train and of the installation of the track, tunnel and accessories, not to exceed $17,000.00, shall have been so earned and refunded to it. 3. That after the actual Investment of the said Roanoke Junior Chamber of ~ommerce or $17oO00.00, whichever is smaller, has been so earned and refunded to it from the net income derived from the operation of said train, the future net income terived from the.operation thereof, after the deduction of all necessary expenses incurred in the operation of the ~roJeet, all of which expenses shall be approved by the titI Managert shall, for a period of four years, be divided on the basi~ of 60~ of said net income to the Roanoke Junior Chamber of Commerce and the remaining 20~ thereof to the City of Roanoke; and thereafter, for a period of two years, such net income shall be equally divided between the said Roanoke Junior Chamber of Commerce and the City of Roanoke; and immediately thereafter, and for no additional consider; tion, the said Roanoke Junior Chamber of Commerce shall assign and deliver the said train, track, tunnel and all accessories used ia connection theremith unto the City of Roanoke and uarraot the title to all thereof to be free from the claims of all whomsoever. 4. That the said Roanoke Junior Chamber of Commerce, so lo~g as it retains Financial interest in the project pursuant:to the terms of this ordinance, in coopera tion with the City D~partment of Parks and Recreation, shall have the responsibility and authority for determining the hours of the traints operation, duration of its season, the price of the train fare, the promotional features thereof and all general tetalls of the operation of the project. 5. That the Rooaoke Junior Chonber or Cow. erce skull obtain all such protec- tive ilsuraace fo coaoectfoa with the project us nay be prescribed by the City ~aoager~ the cost o~ the prealaus thereof to be considered as necessary operating expenses. 6. That if, after u fear trial, the operation of the project should prove to be unprofitable os Mill Rountain the Roanoke Junior Chamber of Commerce, shall, st its discretion end expense, have the option to cmuse the train, track and oil appurtenances thereto to be norad to and operated in such other City perk us may then be approved by the Council of the City of Roanoke. And, in such event, all of the terws and conditions of this ordinence ~ball continue and be Of the sane force and effect as ii said project had originally been placed and operated in the park to which it way be removed pursunnt hereto. 7. That before this ordinance shall become effective the said Roanoke Junior Chamber of Commerce shall evidence its agreement to be bound by the terms and conditions hereof by causing its signature end seal to be affixed to the original hereof by its proper officers. Signed and sealed in compliance with paragraph ? of this ordinance. This ~day of , 1955. ROANOKE JUNIOR CHAMBER OF COMMERCE, INC. B~ President ATTEST: (SEAL) Secretary. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett. Webber, Young, and the President, Mr. Woody ............ 6. NAYS: None .............. O. (Mr. Waldrop absent) MOYlONS AND MISCELLANEOUS BUSINESS: scHOOL'BOARD: The City Clerk reported that Messrs. John H. Thornton, Jr,, Lucian D. Booth and Clarence M. Hawkins have qualified as members of the Roanoke City School Board. CITY PLANNING COMMISSION: Mr. Hanes asked Council to take under consideratl( the appointment of a committee to study the question of regional planning in Roanoke Valley nod the work load on the City Planning Commission. Mrs. Pickett stated that the City Planning Commission is now studying the matter and plans to submit certain recommendations to Council and that the Commissio Is now engaged in regional planning. CITY CODE: Mr; Hanes stated that the City Attorney has rendered to the City Clerh an opinion, advising that the provisions for recodlfying the city's laws and ordinances in the City Charter should be amended prior to a generaI recodiftcation of the city's laws, and moved that the matter be referred to the committee presently working on the recodification of the city's laws for consideration. The motion was seconded by Mr. Webber and adopted. There being no further business, Council adjourned. APPROVED Pratt 367 368 Thursday, Septenber 1, 1955, The Council or the city or Roanoke met in apecinl meeting in the CounCil Chambe in the Municipal Building. ThurSday. SeptembEr 1. 19S5, ut 7:30 O'clock. ~. m,~ with the President, Mr. Woody, presiding. PRESENT: Councl~ members Davies, Banes. Pickett. Webber, Young, end tbs President. Mr, Moody .................. ABSENT: Mr. Waldrop .... ~ ......... 1. OFFICERS PRESENT: Mr. Arthur S. Omens. City Manager. nnd Mr. J. Robert Thomas. City Clerk. The meeting was opened with a prayer b~ Mr. Arthur S. Omens, City Ranager. TRAFFIC: Mayor Woody announced that the purpose of the meeting was t~ hold · public hearing on the question Of continuing in force the traffic plan now in being in the domntomn business area until after construction of the Jefferson Street Grade Crossing Elimination Viaduct and Project is completed and sufficient time has elapse~ to establish new traffic factors as recommended by the City Ranager. A communication from the Safety Motor Transit Corporation..advising that it has no objection to continuing the present plan as proposed by the City Manager, was before Council. The City Clerk read a communication from the Chamber of Commerce Traffic Committee, endorsing the recommendation of tho City Manager. A communication from The 100 Block Club of Meat Campbell Avenue. being an association of the business houses located on both sides of Campbell Avenue. S. between First Street and Second Street. askin~ that the present traffic plan be amended to provide for (1) two-way traffic on Campbell Avenue; (2) north-bound trail on First Street. S. M., north of Campbell Aveuue,'to insure access to'the parking garage on Salem Avenue; and (3) parking to ~e provided on both sides of Campbell tvenue between the hours of 9:30 o'clock, a. m., and 4:00 o'clock, p. m.. and after 6:0~ o'clock, p. ~., was ~efore Council. Br. Ja~es P. Brice, Attorney for The 100 Block ~lub of West Campbell ~venue. appeared before Council in support of the request. Mr. Brice stating that hi~ clients have experienced an increasing decline in business since the present traffic plan. eliminating parking on Campbell Avenue, has been in force and that they feel t business area Js being sacrificed for a thoroughfare for through traffic, stating further that a diversification of parking is needed in the area. both o~f-street and on-street, and that in addition to the present off-street parkIng facilities, the business area needs all available parking s~ace on the streets, as well as a large municipal parking project. Rt. Webber asked if Mr. Brice advocates public ownership of off-street parking facilities, rather than such facilities being developed by private enterprise, to which Mr. BrJce replied in tho affirmative, stating that he believes the project is too large for private enterprise. Mr. A. g. Minton appeared before Council an~ stated that most o~ the business houses tn the market area on East Campbell Avenue are suffering a decline in basin because of the present traffic plan and the construction of the Jefferson Street Grade Crossing Elimination Viaduct and Project end that in his opinion there Is u definite need for two*way traffic and parking on Campbell Avenue, in order to permit tie people of the city to get into the area and deal with the merchants in the downtown district. Er, J. M, Hunter appeared before Council and.stated that he is a member of The 100 Block CI~ of Mesa Campbell Avenue and that the merchants in that Club bare hsd u steadily declining business for thirteen months since the present traffic'plan has been in effect, that he has had a girl sitting in the Ponce de L~on Coffee Shop tnhlug a traffic connt On this date which'showed a movement of'412 motor vehicles on Campbell Arenne from 9:00 otcloch, a. m**'to 9:30 o'clock, u. m., and 270 motor vehicles*from 2:00 o~clock, p. m., to 2:30 o*~lock, p. ~.o Hr. Hunter stating that this was a very light load o~ traffic for Campbell Avenue'and does*not Justify the elimination of parking thereon. In response to a question from Mr. Hanes, Mr. Hunter stated that the Clnb*s statement thatthe merchants l~ its block are losing business does not mean that every merchant in the bloch has lost business, but that from eighty to eighty-five *er cent ~f ~hem have been hard hit si~ce'th~ inception of the presen~ traffic plan. Mr. R. G. Culbertson appeared before Council and offered the following suggestions: (i) That all crosswalks except at street intersections be eliminated. (2) That oil buses be required to cross all in'affections before stopping for loading or unloading, and that in the downtown area. many of the bus stops be elimi- nated. (3) That right and left turns on domutown streets be completely ~limlnated, thus persitting pedestrian ~raffic to cross Intersections w~th vehicular traffic. (4) That commercial trailer trucks with less than half loads be prohibited from loading and unloading in downtown streets, (5) That more on-street metered parking be provided for motorists. Mr. R. O. Hannabass appeared before Council and stated that he is in the mea~ business inside the City Market Building and that the business in the City ~arket Huilding has declined b~ reason of the elimination of parking on the streets in the area. Hr. Banes moved to take the matter under consideration and adjourn. The motion was seconded by Mr. Young and adopted. APPROVED :369 370 COUNCIL, WEGULAR MEETING, Tuesday. September 6, 1955. The Council or the City of Roanoke met la regular meeting in the Council Chamber in the Municipal Building, Tuesday, September 6, 1955. at 2:00 p. m.. the regular meeting hour, with the President, Mr, Woody, presiding. PRESENT: Council members Davies, Wanes, Pickett. Waldrop. Hebber, Young, and the President. Mr. Woody ............. ?, ABSENT: None ..................... O, OFFICERS PRE~EN~: Mr. Arthur ~. Omens. ~ity Manager, Mr. Randolph G. Whittle City Attorney, Mr. Barry Ro Yarns, City Auditor, and Mr. J, Robert Thomas. City Cleft The meeting was opened with a prayer by Dr. John W. Myers, Pastor of Greene Memorial Methodist Church. BEARING OF CITIZENS UPO~ PUBLIC MA~TERS: NONE. pETITIONS AND COMMUNICATIONS: ZONING: A communication from Mr. R. T. Edwards. Attorney for Mr. C. F. Nefauver. requesting that the northern part of Lots 1, 2 and 3, and a portion of Lot 4, Block d, Corbieshaw Map, bounded by Brambleton Avenue. Ashby Street, Fleet- wood Avenue and Corbieshaw Road. S. W., be rezoced from General Residence District to Business District, mas before Council. Mrs. Pickett moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Banes and adopted. STREET LIGHTS: A communication from the Appalachian Electric Power Company, reporting the installation of tmo 2500 lumen street lights in the city during the month of August. 1955, was before Council. The communication was ordered filed. REPORTS OF OFFICERS: BUDGET-LIBRARIES: The City Manager presented a report, recommending that the open hours of the Williamson Road Book Station. operated by the Roanoke Public Library, be increased from twelve hours to twenty hours per week and that the stattor librarian*s salary be increased from $900.00 to $1,500.00 per annum, effective October 1. 1955. Mr. Young moved to concur in the recommendation of the City Manager and ,flared the following emergency Ordinance: (~124§1) AN ORDINANCE to amend and reordain Section al21, *Libraries#. of ;he 1955 Appropriation Ordinance, end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 25.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Noody ............. NAYS: None ................... O. BUDGET-REFUNDS AND REBATES: The gitT Manager recommended an appropriation of $1,500.00 to the Refunds and Rebates account in the 1955 budget to permit payment of license tax refunds directed by the courts. Mr. Hanes moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (x12462) AN ORDINANCE to amend and reordaJn Section #154, "Refunds and Rebates', of the lgSS Appropriation Ordinance. end providing for an emergency, (For full text of Ordinance. see Ordinance Hock No. 21. Page 25.) Hr, Hanes moved the tdoption of the Ordinance. The motion mss seconded by Mr. Young and adopted by the folloulng vote: AYRS: Council membera Davies. Hanes. Pichett. Haldrop, ~ebbero Young, and the President, Mr. Moody .............. 7. HAYS: Hone .................... O. SEMERS: Council at its meeting of August 29, 1955, having received a mmunication from Mr. G. A. Hrichman. requesting that he be informed of any pending actions or projects that would in the near future affect the development of acreage surrounding his residence at 407 Florist Road. H. #.. which communication was referred to the City Manager for study and report, the City Manager reported that due to the rapid growth of the city it is impossible to ansmer Mr. Hrlchmsn'a question at this time and recommended that Mr. nrichman be advised to periodically contact city departments to obtain the information he desires as it develops. Mr. Hanes moved to concur in the report of the City Manager and that a copy thereof be transmitted to Mr. Brickman. The motion mas seconded byMr. Davies and adopted. TRAFFIC: The City Manager presented an analysis of the report of Roanoke, Virginia, in the annua~ inventory of traffic safety activities, as prepared by the National Safety Council. covering the year 1954. Mr. Hanesmoved that the report be filed and that. copies be transmitted to the various departments concerned for study. The motion was seconded by Mr. Haldrop and adopted. ~ DEPARTMENT OF PUBLIC M£LFARB: The City Manager presented a report covering the expenditures and activities of the Department of Public Welfare during,the of July, 1955, in compliance with Sections 63-b7.1 and 63-~?.2. Code.of. The report was'filed. ,REPORTS: The City Manager reported that other departmental reports are on File in his office. ' ~ ~: The report was filed. ~ '' ,' '~ ' BUDGET-COMMISSIONER OF REVENUE:' The City Manager presented a request from the Commissioner of Revenue'for the transfer of.$350.00 from Salary.'Extra Employees Stationery and Office Supplies in the Commissioner of Revenuers account in the budget and'recommeadedthatthe'reqaested transfer be made. Mr. Haldrop moved to concur in'the recommendation of the City Manager and offered the following emergency OrdinanCe: :(#12483) AN ORDINANCE to amend and veordain Section us, #Commissioner of Revenue#;'of the 1955 App}opriation~Ordinance; and providing for an:emergency.--;/ (For.fall text'of,Ordinance;:see Ordinince Hooh~Hol 21~'Page 25~) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Davies andadopted by the folloming vote: AYES: C6uncll~members'Davies, Hanes, Pickett; Maldropi Mebber; Young. and the President. Mr. Woody ............. ?. : ' ;: ~. · NAYS: None ................... O. 372 REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: · STADIUM: Council at its meeting of August 29, 1955, having received nn opitic from the City. Attorney with regard to the expenditure of the baluuce of fnnds remain- ing from the Armory. Stadium tad Athletic Field Bond Issue, in connection with the request of the Stadium Advisory Committee for certain improvements ut the Municipal Studlum, end having tabled the matter until its next regular Meeting. the matter uts again before Council. In this connection, NFo Earl A. Fitzpatrick. representing the Stndinm Adviso~ Committee, appeared before Council and requested that the body give consideration to accomplishing the Improremeats and repairs to the stadium as. outlined in tbe comwittee*s recommendations submitted in a memorandum from the Director of Parks and Recreation dated August 12, 1955, Hr, Fitzpatrick stating that any further delay in repairing the expansion Joints of the stadium will result in greater damage to the stadium and increased cost for the repair thereof, further advising that the Stadium Advisory Committee recognizes that the work on the expansion Joints and the seats in the stadium are repair items and probably will have to be paid for from general funds, but that ali of the items listed in the commlttee*s report ere considered to be capital improvements to the stadium. At the request of Mr. Fitzpatrick. Mr. Robert P. Hunter, Director of Parks and Recreation, read to Council the folloming list of repairs and improvements to the stadium as requested by the Stadium Advisory Committee. Mr. Hunter stating that they are listed in their order of priority as established by the committee: Repairs to expansion joints. $5.510.00; bridge across Roanoke River to South Roanoke Park, $12.500.00; replacement of seat boards, $5,760.00~ installation of water heaters and wirin9 for same in concession stands, $950.00; improvements to press box,.$4,773,00; installation of brick mall at south end of football field, $3,520.00; and purchase ~f modern type bleachers for three thousand persons at approximately $7.50 per seat, $22,500.00. Mr. Hunter stated that the estimated cost of the bridge can be considerably reduced by reason of the Norfolk and ffestern Railway Company donating the pedestrian bridge over its main line on Jefferson Street and that it is not intended that the brick wall at the south end of the football field is to go back in.where the original wall was built, but that it is to be erected further to the south, thereby enlarging the field, In answer to a question by Mr. Young, Hr. Hunter advised that the improvement to the press box contemplate an awning over the top of the press box. a wooden floor over the present concrete floor, the purchase ef pernsnent seats for the press box and heatin9 by electric radiant heat, the heating cost being in excess of $2,000.00. Mr. lubber moved to table t~e matter until the next regular meeting of Council and to direct the City Manager to furnish Council an estimate of the cost of installing over Roanoke River between South Roanoke Park and the stadium a bridge the Norfolk a~d Mestern Railway Company has agreed to donate to the city. The motion was seconded by Mr. Davies. Mr. Raldrop offered a substitnte~notion to concur in the request of the Stadium Advisory Committee to repair the expansion Joints in the stadiumand offered Lhe following emergency Ordinance: (812404) AN ORDINANCE to emend and reordzin Section nil2. #Stadium end Athletic Field*. or the 1955 Appropriation Ordinance. end providing for un emergency, (For full text of Ordinance, see Ordinance Boob Ho, 21. Page 26.) Hr. Ysldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the ~ollowizg vote: AYES: Council members Davies. Hanes. Pictett. ~aldrop, ~ebber. Young. and the ~resident. Mr. ~oody~ ......... T. NAYS: Hone ................ O. Hr. laldrop then moved to authorize the City Manager to proceed with the installation of water heaters in the concession stands and the necessary wiring in connection therewith as recommended by the Stadium Advisory Committee st an estimated cost of $950,00 and to direct the Cit~ Manager to study various methods of heating the press box and submit ~is recommendations thereon and to table the ~emainder of the request of the Stadium Advisory Committee until the next regular meeting of Council. The motion mas seconded by Mr. Hanes end adopted. SEWERS: Council at its meeting of August 29, 1955. having received an opinion from the City Attorney as to its obligations In connection with an unsatis- factory sewer condition complained of by residents on Mount Vernon Road and Brandon Avenue. S. #., and having tabled the matter until its next regular meeting, the matter was again before the body. Nv. Young stated that the citizens in the area are of the opinion that they were originally served by a sewer line which has been abandoned and that they are now served by a sewer which was constructed in lieu of the original sewer line at a higher elevation and moved to refer the matter back to the City Manager with instructions that he mate a study of the situation and advise Council whether or not a new sewer line nas constructed to serve the properties in question, and if so. the relative elevations of the new sewer line and the one abandoned. The notion was seconded by Mr. Hanes and adopted. CURB AND HUTTER-STREETS AND ALLEYS: Council at its meeting of August 29. 1955, having received a report of its committee, recommending the denial of a request from Mr. R. RD Ouict for permission to install curb and gutter and drag treat Lofton Road and DeerfJeld Road, S. Wo, at his own expense, to be reimbursed for the city's portion thereof at a future date, which matter was tabled until the next regular meeting of the body, it was again before Council. In this connection, the City Manager presented a communication, recommending that Council create a committee consisting of representatives from City Council, the city administration and subdividers to study the Subdivision Ordinance, with a view of requiring subdividers to install curb and gutter and savface treat streets, and to recommend such changes and improvements in the Ordinance as might be necessary. the said committee to report its findings within sixty days, and that Council defer any affirmative action on the request of Mr. Quick until the committee can report. Mr. Qalck appeared before Council and requested that the body consider immediate action on his request since he is being held up on the work In the subdivision, Mr. Quick stating further that he believes it will be unfair to change the Subdivision Ordinance as recommended by the City Manager since a great many subdivisions have been built under the existing Ordinance. Mr, Quick farther requested that if Council does not act on his request ut the present time, but lurer decides to act aport his request favorably, that the body signify its intent to make such favorable action apply retroactive to this dike, After some discussion, Hr. Webber moved to concur ia the recommendation of the City Nau~ger and to l~atruct the City Attorney to prepare u Resolution, setting up the committee as recommended by the City Manager, the committee to he ~omposed mr, Randolph G, Whittle, Chairmen. Co~ncil members Herbert A, Davies and Hury Pickett, Messrs. Arthur S. Owens, Harry R. Yntes, Richard R, Quick and ~hoBas D, Taylor. The motion man necoadcd by Hr. Hanes an~ adopted, ZONING: Council at its meeting of August'2g, lgs$. having referred to the City Planning Commission for study and recommendation a communlcation'fro~ the Physicians Clinic, Incorporated, et als, requesting that their property being Lots 5 through 16. inclusive, Hlock SO, Crystal Spring Land Cospsny, be rezoncd from Special Residence District to Business District. the City Planning Commission reported that upon consideration of the location of the building on the premises, the general style of architecture and the proposed uses, it is of the opinion that the overall plan of development will be in keeping math the general character of the neighborhood, and recommended that the request of the petltioners~bc granted. Wt. Webber moved to set a public hearing on the request for 2:00 o'clock. ip. m.. October 3, lgSB. in the Council Chamber. The motion was seconded by Hr. Davies and adopted. in this connection, Rt. John R, Wilson, Jr,~ appeared before Council and stated that under the present zoning lam once a piece of property is zone~ for business a person can build any sort of business property thereon, and that while the erection of a doctor*s office b~lding on the property in question might not be objectionable, there is nothing to prevent the erection of a drug store, soda fountain and sandwich shop which might be objectionable to the neighborhood, and suggested that Council consider reyisioa of the Zoning Ordinance to provide for a classification of Special Business District in which mtght be constructed office buildings and buildings of a similar nature. ~r. Hanes moved to refer the suggestion of ~r. Wilson to the City Planning Commission for its study and recommendation to Council on the question of establish~ in9 an additional classification in the Zoning Ordinance. The'moiio~ mas seconded bl Rt. Webber and adopted. LICENSE TAX CODE: Council at its meeting of August 1. 1955, hav~ng signified its intent to hold a p~blic hearing on the proposed revision of the License Tax Code and having provided for interested persons to file with the City Clerh prior to ~eptember 1, 1955, ia writing, their objections or proposals in connection mith the proposed revised Code as a prerequisite to being heard at said public hearing, the City Clerh reported that he has received three communications in the matter. Wt. Young moved to set a public hearing on the matter for 2~00 o'clock, p. October 3, 1955. in the Council Chamber. The motion was seconded by ~r. Hanes and ad~pted. SROEE CONTROL: Council at its meeting of August 29, 1955, having ~irected the revision of the proposed amended Air Pollution Control Ordinance as submitted by its committee, the Ordinance was again before the body. Mr. Waldrop moved to lnstrnct the Assistant City Attorney to retype the entire Ordinance, inclndia5 the revisions heretofore directed by Council, and to refer the revised Ordinance to the committee consisting of-Messrs. Robert W. Woody, Chairman, B. A, Dnvie's, Charles S, FrOst and James N. Eincanoa for review, and further, to direct the City Clerk to furnish each member or council with 8 copy of said Ordinance after it has been reviewed by said conwittee. The motion was seconde by Mr, Touag and adopted. In. this connection, the city Manager stated that he mill secure from Cincinnati and Columbus, Ohio, ~oples o! their Air Pollution Control Ordinances rot study and comparison by Council. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING:Ordinance No. 12472, rezoning certain properties located on the.north side of Jamlson Avenue, S. E.o between Twelfth Street and Thirteenth Street, from General Residence District to Business District, h~ving previously been before Council for its first reading, read and laid over, was again before the body. Mr. Bines offering the following for its. second reading and final adoption: (n12472) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter SI, of the Code of the City of Roanoke,.Vlrgiaia~in relation to Zoning. (For full text of Ordinance, sen Ordinance Dook No~ 21, Page Mr. Hanes moved the adoption of the Ordinance, The motion was seconded by Mt. Davies and adopted by the folloming vote: AYES: Council members Davies,:Eanes, Pickett, Waldrop, Webber, Young, and the President, Mr.~oody ...........7. ' NAYS: None ....... ~ ......... O. SALE OF PROPERTY-GRADE:CROSSINGS: Ordinance No. 12477, authorizing the sale of a portion of Lot ?,'according to:theScott and Wright Map.'to*E. D. and Mary A. Prillaman. having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Davies offering the following.for its second reading andlfinal adoption~: ~ (nI24Y?)AN ORDINANCE authorizing the sale-of a portion of Lot T, according to the Scott and Wright Map, to E. D. and-Mary A..Prillaman. (For full,text, of,Ordinance, see Ordinance BookNo.:21, Page Mr. Davies moved.the adoption.oftheOrdinaace. Themotion was seconded by Mr. Young and adopted by the following:vote: .~, . · AYES:.Council,membera Davies, Hanes, Pickett, Waldrop, Webber,~Yonng, and the President, Mr. Woody ........... NAYS: None ................. O. - :. : ' ZONING: Ordinaace:No. 124Y8; rezoning property*located on the west side of ThirteenthlStreet, S. W.~ between Campbell Avenue and Cleveland Avenue, from Special Residence Dlstrict,.to:Business_District, having preriously~been before Council for its first reading;iread:and:l~Jd over; was again:beforeLtbe.,body,.Mr; Webber offer- ing the following for its second reading and final adottion: : =:.,~ :- -. = , , ::,(n124Y6) AN-ORDINANCB=tolamend:and:reenact lrticleI, Section,l.!of ChaPter 51~of'theCode of the:.City of Roanoke; Virginia, in relation to Zoning. .- .(For~fnll.:teut:of:Ordinauce, see:Ordinance Boo~ No..21, P~ge:21.).., . Mr.:Webber.moved'the adoption Dr.:the. Ordinance. The motion was seconded by Mr. Waldrop_and.adopted.by.the.following vote:. -' '. '~ . -' AYES:.CouncilmembersDaries,' Hanes, Maldrop, Webber,' Young,.and,the President. Mr. Woody ................... 6. ' : :. NAYS: Mrs. Pickett ............. 1. ,~S~REE~S.AHD ALLEYS: Ordinance.Ho. 12479, permanently~vacxtlag, disoontluuln~ and clpslng.oll ctFeots ondnlleys, located upon the pr,potty lying north or. Uise AVooue..S. E,t~m~st. and. so~th o! Tlnker.Creeh. nnd~bounded on the neff by tbs eRSt line or Eighteenth Street, S. E.o extended, having previou~ly been beforeConncil for its first reading, read nad laid over0 uae ,gain before the body. Hr. Wuldrop offering the. f,Il,ninE rot.its.second reading nnd final.adoption: (m124?g) AH ORDINANGE permanently vacntlng,.dlscontinuing~and~closlng all streets and alleys located upon the property lying north of Wise Avenue. S. E., and a,ntb of Tinher. CreeR and bounded on the west by the east line of IHth.Street. S..E.. extended, said stre~ts.and~alleys being enbraced.mithin the bounds or Sections.33. 34. 35. 37. 30. and ag, McDonald Addition. (For full.text of Ordinance. see. Ordinance Hook No. 21, Page 21.) Mr. Waldrop moved the adoption of the Ordinance. The motfoo was seconded by Hr. Hanes:and adopted by the following vote: . AYES: Council members Davies. Hanes. PJchett. Waldrop. Webber. Young. and the President, Hr. Woody .......... . ....... T. NAYS: None--T---~ ................. O. . JUNIOR CHANBI~ OF COHIERCE-PARRS AND PLAYGROUNDS: Ordinance No, 12460, amending Ordinance No. 11~26, adopted on the llth day of August, lgSR, authorizing the Roanoke Junior Chamber of Commerce to install and operate a miniature train In the Children's Zoo area on Hill Hountain, to provide for additional capital improvements in connection with said train under certain terms end conditions, having previouslybeen before Council for its first reading, read and laid over, was again before.the body, Hr. Young offering the follo~ ng for Its second ~adlng and final sdoptlon: (#124~0) AN ORDINANCE to emend and.reordain Ordinance No. llSR~, adopted by this Council on the lltb dn~ of August, 1~52, entitled, #AN ORDINANCE authorizing the RoanoRe Junior Chamber of Commerce ta install and operate a miniature train Jn the Chtldrents Zoo area.on Hill Mountain upon certain terms and conditions'. (Pot full text of Ordinance, see Ordinance Boob No. 21, Page 23.) Hr. Young moved the adoption of the Ordinance. The motion was seconded by Hr. Davies and adopted by the ~ollowing~vote: ..AYES:Council.members Davies, Hanes, Pickett, Waldrop, Webber,:Young, and the President. Mr. Woody ................. ?. NAYS: None ....................... O. : SALE OF PROPERTY: ~ou~eil ,at.i~s meeting of August29, 1955,:having directed the preparation of an Ordinance, authorizing the sale.of the northerly one-half of Lot 22, BI,ckS. Hap of Crozier, to Hr. C. F. Kefauver, for a cash consideration of $2~0,00, Hr.-Hanes moved that the following Ordinance be placed upon its first reading: : (u12485) AN ORDINANCE providing for the sale of the northerly one-half of Lot 22, Block 3, Hap,of. Crozier, by the City of Roanoke at a net consideration of $200.00 cash; and authorizing the execution anddelivery of a deed therefor. BE I~ ORDAINED by the Council of the City of Roanoke as follows:. 1. That sale be made by the City of Roanoke to C..F. Kefauver of the northerly one-half of Lot 22, BlockS, Ha~ of Crozier. Official Tax No; 3050UOb, at a net consideration of ~200.00 cash; 2. Yhot the proper City officials be, ned they are hereby, authorized mud directed, for end on behalf or the City. to execute end deliver a proper deed. to be prepared by the City Att,re,y. conveying, with Special Worrnaty of title, the ab,re- described real estate to the proposed purchaser and to deliver the same. properly executed, upon receipt of the net cash consideration. The motion was seconded by Mrs. Pickett uud adopted by the following vote: AYES: Council members Davies. Hines. Pickett. Waldrop. Webber. Young. and the President. Nv. Woody ............ ?. MAYS: Hone ......... ~ ........ O. MOTIONS AND MISCEIJ..ANEOHS BDSI~ESS: PAR~S.AND PLAYGROUNDS: Mr. Manes stated that the Association of Practical Nurses who recently held a convention in Roanoke bas complained that it was charged $25.00 for use of Rockledge Inn on Mill Mountain for an early sunrise service and asked if an exception to these charges cannot be made where religious services are held. The City Manager advised that the early morning services require that the city must furnish personnel at the Inn at 5:30 .*clock, in the morning, and require special cleanoup services and that it has been the policy of the administration to make a charge of $25.00 [or these services, the City Manager stating further that it would be difficolt to determine where to dram the line in these matters if exceptions are to be made. Mr. Mebber inquired whether or not charges for the use of Mockledge Inn are covered by an Ordinance or whether they were established under administrative authority, to which the City Manager replied that they are not covered by Ordinance. Mr. Webber then moved to refer the matter to the City Manager'for his consideration of having rental charges for Rockledge Inn and any other properties now being handled administratively covered by Ordinance and to report to Council his recommendations. The motion was secooded by Ur. Hanes and adopted. DOGS: Mr. Waldrop stated that Mr. Holman Willis. Jr.. a member of the Commission of Game and Inland Fisheries of the Commonwealth of Virginia, has indicated a desire to consult with Council in connection with the city*s method of handling the dog situation in Roanoke and suggested that the City Manager contact Mr. Willis and make necessary arrangementswith him. The City Manager stated that he would, contact Mr. Nillis immediately. 'COGWCIL: The Mayor stated that an Informal poll of ~emhers of Council indicates that by reason of the meeting of the League Of Virginia Municipalities at Old Point Comfort, Virginia, September 11-12-13, lgSS, there probably will not be a quorum present for the meeting of September 12. 19~5. The City Clerk was instructed to p~ll the members of Council On Friday. September 9. 1955, and determine whether or not a quorum will be present for Mondayts meeting and advise the members and the press~ There being no further business, Council adjourned. APPROVED Fresid~t -377 · COUNCIL, REgBLAB REETIBG. Bondsl, September 19. 1955. The Council of the City or R,smoke met In regular meeting in the Council Chamber In the Bunicipal Building, Bondu7, September lg, IGC5, at 2:00.o'cloch, p. m** the regular meeting hour, with the President, Mr, ~oody, presiding. PBESENT: Council members ,aries, Banes, Pickett, Naldrop, Webber, Young, end the President Hr. ~ood! ..........~ ........ ?.. ABSENT: N,q, ........................... 0.' OFFICERS PRESENT: Hr. Arthur S. Omens, City Banager, Hr. James N, [incas,n, Assistant City Attorney,' Bt. Barry R. Yates, City Auditor, and BF. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend John E, Sayre, Pastor of the Oak Grove Church of the Brethren. HINBTES: Copies of the minutes of the regular meeting held on August 29, 1955, the special, meeting held on September 1, 1955, and the regular meeting held on September 6, 1955, having been furnished each mpmber of Council, upon motion of Mrs. Pickett. seconded by Hr. ,aries and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC BATTERS: . SEI~ER CONSTRUCTION: Council by Resolution No. 12460. adopted on August 1. 1955. having authorized the construction of sanitary sewers to serve portions of the area of Salem Avenue. ~est Avenue and [estviem Avenue. S. [.. west of Eighteenth Street, and the Purchasing Agent having advertised for bids to be received by Council at its meeting of September 19. lqS§, bids of Gimbert and Gimbert, in the amount of $17.426.05, and M. S. Hudgins, in the amount of $15.693.00, were received. Br. Webber moved to refer the bids to Messrs. Arthur S. Owens, John L. Wentworth and B. Cletus Broyles for, tabulation and report at the nezt regular meeting of Council. The motion was seconded by Br. Young and adopted. ZONING: Council having previously set a public hearing for 2:00 o'clock. p. m.. September 19. 1955. on the petition of Messrs. John N. BcCoy and L. L. Rush. requesting that their pr,pertT on the north side of Brandon Avenue. S. ~.. beginning at the southwest corner of Lot 16. Block 5. Map of Lee-By Gardens. fronting 675.1 feet on Brandon Avenue. and running back to the Lee-B! Gardens property, containing 5.11 acres, be r,zoned from General Residence District to Business District. and notice of said hearing having been published in The Roanoke ~orld-News on August 25.. 1955. the hearing was held. Nv. R. Roy Rush. Attorney for the petitioners, appeared before Council in support of their request. Mr. Rush presenting a petition signed by sixty-nine citizens in the general vicinity, requesting Council to approve the petition of Wessrs. McCoy and Rush. ,f Mr. Rush advised Council that it la the proposal or the petitioners to erect building with 46,000 square feet of rigor space with adjacent off-street parking for 300 automobiles and prese'nted aa archltect°s drawing or the proposed structure a~d related construction, Mr. Rush stating further that interest fu moving lama the proposed shopping tenter has been expressed by a deportuent store, drag store, grocery store, banh, men*s clothing store, auto accessory store nad shoe store, and that if a shopping tenter is not built inside the city In the area, It will certainly be built in the county Just across the line, The following persons appeared In opposition to the proposed rezoning on the basis that it mould be detrimental to the residential property immediately surrounding the proposed site: Hessrs. Philip H. Klliott, John A. Rector, R, A. ~enning, J. S. Coldwell, A. £. Kessler and ~, G. Hartln. The #ayor asked that all persons in the room appearing in opposition to t~ request stand; whereupon, twenty-nine objectors stood up. #rs. Pickett moved to concur in the recommendation of the City Planning Commission and to deny the request of the petitioners. The motion was seconded by Mr. Davies and adopted. : . ' , ~ ., ~ . ZONING: A:public hearing on the petition or Home Dealers. Incorporated, Mr. J. C. Summers and Hrs~ Peoria C. Davis, requesting that their properties located Cove Road, M. ~., west of LafayetteBoulevard, be rezoned from General. Residence District to Dusiness~District, having previously been set faF2:00 o'clock, p. m., September 19, 1955, and notice thereof having been published in The Roanoke%Morld-Mews on August 25, 1955, thepublic hearing was held. Hr. J.:$. Sherertz, Attorney for tke petitioners; appeared before Council in support or,the petition, Mr. Sherertz stating that this is an expansion of an already existing.business area and is needed for the greatly expanded.residential area in the vieinitymhicb has no adequate business.facilities, Mr. Sberertz advising that no specific plans have been prepared since the owners of the property feel it impossible to make any firm commitments prior to the requested rezoning, stating further~that he has:been able to find no opposition among residents in the area to the~plnn~and that part of.the opposition.of the City Planning Commission-~is basedon.the present inadequate street width, therefore, his clients~mill provide ~a~lO~faot~strip~along~their propert~ for necessary street widening; in accordance.wlth.the plans.of the City£ngineer, If the retorting isapproved and:the city mishes~to widen the:street. ..~ Mr. Sberertr~farthercalled~tu the attentioe.of Council its former action in denying a previous request forthe,rezoning of a~portiou of'the propert7, at which time.the~hody advised~that the urea requested:for rezoning mas Insufficient in sire tuprovlde-fav a shopping:centerand suggested~that Kr~,Sherertz contact adjoining property owners with a view .of filing.a request for rezoning of larger tract sufficient in sire to provide for nn~adequate business:center for the area. Rr~ Sherertz stating that the original petition covered only 2.4acres while the~present petition covers 6~1/2 acres~ ~ ~ · .~ ~', -' No,one,appeared.in opponition.to the requests'. ' Hr. Webber moved to approve the request and to direct Mr. Sherertz to prepare the necessary Ordinance. rezoning the property, said Ordinance to be 379 38O approved by the City Attorney amd presented to Council for formal action, Tke motion mas seconded by Hr, Young end adopted b7 the rolloming vote: AYES: Council members Davies, Banes, Naldrop, Nebber nad Young ...... 5. NAYS: Nfs. Pickett, and the President, Hr. Woody .................... 2. BONDS-SCHOOLS: Council at its meeting or August 29, 1955, having received from the Roanoke City School Board a request that Council call a referendum of the freehold voters on the question of issuing $5,466,000.00 of bonds for the construction of school plants, at uhich tine the School Board mas requested to present to Council a plan outlining the general location and ureas of the schools to he constructed, to advise Council of the amount of funds necessary to prepare architects* plans and to purchase school sites in advance of the bond issue and to report thereon at the regular meeting of Council on September 19, 1955, the School Roard appeared before Council and submitted a plat of the city, showing the general location of the proposed facilities, and advised that the Board would be happy to pinpoint the exact sites as options are secured. The School Board further advised that funds neededin advance in anticipa- tion of the bond issue in order that planning might proceed as rapidly as possible amount to $50.000.00 for architects' fees and $250,000.00 for acquisition of sites, estimated on the basis of issuing the bonds in the late spring of 1956. that this estimate is the maximum figure, and unless the bond issue is unduly delayed, the amount probably will not be needed in its entirety. The School Board further advised that the increase in school operational costs by reason of the construction of said schools will amount to approximately $907o000.00 per annum, approximately one-third of mhich will be refunded by the state, and that one-third of this amount will be for maintenance and operation of the school plants and two-thirds mill be for instructional costs, which instructional costs will accrue whether or not the new school plants are built. Br. Banes moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. Webber and adopted. ZONIBG: Council having previously set a public hearing for 2:00 o'clock, p. m.. September 19, lq55, on the request of Mr. Charlie N. Young to rezone from Special Residence District to Business District the rear portion Of the 1.o4 acre tract located on the northwest corner of Garden City Boulevard and Yellom Mountain Road, S. E.. and notice of said hearing having been ~ublished in The Roanoke World-News on August 25, 1955, and no one appearing in connection with said hearing, the City Clerk advised that Mr. Arthur E. Smith, Attorney for the petitioner, has requested permission to withdraw the request of Mr. Young. Mr. Young moved to grant the request for mithdrawal of the petition. The motion was seconded by Mr. Maldrop and adopted. PETITIONS AND COMMUNICATIONS: BBBGET-SCBOOLS: A communication from the Roanoke City School Board. request- ing the appropriation of $6,353.55 to the 1955 budget for the replacement of equipment, said amount having been allocated by the State Board of Education sabseqaent,to, the cdoptJoa of, the 1955 budget, ccd paid into,the city treasury on July 20, 1955, the. allocation by the State Boord:of£ducatlon being made, for the specific purpose of equipment replacement, was before ¢oaocfl. . Mr.. Webber moved to concur in the request and offered the following emergeecy Ordinance: ,:c(a!2486) AN OBDINA~CE to. amend andreordcin, Section al43. 'Departmental Equipment and lwproveaents", of the lgSS Appropriation. Ordinance. and providing (For full text of Ordinance. see Ordinance Dook No. 21. Page 27.) · Mr. Webber moved the adoption of the. Ordinance. The motion, was seconded by Mr. Waldrop and adopted by the following vote: . .AY£S: Council members Davies, Manes,. Pickett. Waldrop, Webber. Yonng. and the Presideot, Mr.~ Woody ..... ~-~ ........... NAYS: Noner ........................... O. . BONDS-ACADEMy OF MB$IC: A commuaicatlo~ from Mr. Sam Mooee, General Chairman of a Committee in Support of the.Dond Issue for,the Proposed Memorial Auditorium, requesting that Council appropriate the sum*of $1,500.00 to.help defraytke expense:of the committee in disseminating information to the voters, was before Council. · ,~ Also before the body, wasa communication from Mr. P. M. Trout* opposing the appropriation of funds as requested;by Wr..Moore,.bot stating that if such an appropriation is made he would like to have Council appropriate au equal sam to finance a campaign to oppose such bond lssae. Mr. Moore appeared before Council and stated that since writing the letter he has become+doubtful of the legality,of appropriating public funds:for the purpose requested and asked,that his original request be withdrawn and that there be substituted therefor-;arequest that Council,appropriate:$1,500.O0 for the purpose of-paying,architect,s fees for preliminary drawings of the project. Mr. Davies moved to deny the~request. The motion mas seconded by Mr. ~,~Mr. Webber then offered:a sabstitote qotion to.tahethe request~uader consideration. The substitute motion was~seconded by Mrs. Pickett aud~adopted , AYES:Council members Banes, Pickett, Waldrop, Webber, Young, and the NAYS: Mr. Davies ................ 1 .... STREETS AND 'ALLEYS: A petition from residents of~Edinburg.Drive, N+ #., requesting:thattheir,street be surfaced.toeliminate an undesirable dust The City Manager advised~Council that the.street in,questioahas been - Mr~.,Waldrop waved to rqfer the petition to,the City Maaagetfor disposition. The motion.was seconded:by Mr. Youngland~adopted. - 382 CONTRIBUTIONS: A commeuicstiot from Hr. A1T. Lemis, Publisher of the Virginia Almsuac end State Guide, requestleg that Council appropriate $250.00 for the preparction o! cop7 rot a full-page ad lu the said publication, was before the body. Rt. Wsldrop moved to deny the request. The motion mss seconded by Mr. Young and adopted. ZONIRG: A communication from Randolph G. ssd Josephine P. Whittle, requesti thst their property, being Official Lot No. 4020212, located on the east side of First Street, S. £** south of Elm Avenue, be rezoaed from Special Residence District to Business District. was before Council. Hr. Hanes moved to refer the request to the City Planning Commission for study and recommendation. The motion mas seconded by Hr. Davies and adopted. ZONING: A communication from Hr. Walter N. Wood, Attorney, requesting that the property of Hr. Roy T. Wright and Hr. J. W. Currie, located on the east side of FouFth Street. S. E., between White Avenue and Rountain Avenue, be rezoned from General Residence District to Light Industrial District. was before Council. #r. Waldrop moved to refer the request to the City Planning Coumission for study and recoumendatlon. The motion uaw seconded by #r. Banes and adopted.· PENSIONS: A communication from the Board of Trustees of the Employees* Retirement System of the City of Roanoke, advising that the actuarial report.oh the Employees' Retirement System prepared by the Actuary, Mr. George B. Rack. for the year 1954, is on file with the Secretary of the Board and available to Council. was before the body. The communication was ordered filed. REPORTS OF OFFICERS: STADIUR: Council ut its meeting of September 6, 1955, having directed the iCity Ranager to furnish an estimate of the cost of erectlng a footbridge donated by the Norfolk and.Western Railway Company over Roanoke River betmeen South Roanoke Park and Maher Field, and to study various methods and costs Of heating the press box and report thereon, the City Manager reported that unit type electric heaters with blowers could be used for heating the press box at a cost of approximately $1.250.00. which is approxi&ately $1,000.00 less than the cost of the radiant type heating previoasly recommended, and that it would cost approximately $7,500.00 to erect the bridge referred to over the river, the City Manager advising forther that he mould like Council to consider installation of adeqnate lights in the area outside of the.Stadium at a cost of approximately $6.000.00. · Mr. Clyde Cooke, Chairman of the Stadium Advisory Committee, appeared before Council and urged .that the bbdy adopt the program of improvements and'~epalrs recommended by the committee and that the improvements to the press box be completed immediately, if possible, so that the press box can be used at the football games this fall. Nrf Webber moved to'instruct the City Attorney to prepare an Ordinance to ~rovide for rewiring the concession stands and installing hot water heaters therein nta cost of cpproxlnctel! $950.00; modernizing and improving tbe press box ct a e,st of approximately $3.770.00; installing a brich wall at. the sooth end. of the foothill field et a cost of approximately $3.$20.00; purchcsieg bleachers mith 3.000 seats at a cost or approximately $7.50 per seat. or $22.soo, oo; installing lights for the area outside of the Stcdlnn at n cost of approximately $6.000.00; and erecting the bridge donated by the ~orroik and Western Railway Coupeny with 'appurtenances thereto at a cost of approximately $7.500.00. ~The motion nas seconded by Hr. Hanes and adopted. BUDGET-DOGS: The City Wsueger presented statements from Hr. Graver C. ~lippen.-Virgiolo Gene Warden. rot the month of July. 1955. in the on,eat of $550.00. nnd for the u,ntb of August. 1955. in the au.ant of $167.50. being $2.50 each rot dogs killed In the city. as provided for in Section 29-199 of the Code of Virginia. and recommended that Council appropriate sufficient rnnds to provide for the payment of said bills. · .Ur.' Young moved to concur in the recommendation of the City Waneger and offered the following emergency Ordinance: . (~12487) AN ORDINANCE to amend and reordain Section #67. *Gag Tax Administration** ar the 1955 Appropriation Ordinance..and providing for an~ emergency.: ' (For full text of, Ordinance. see Ordinance Book No, 21.,Page 27.) Hr. Young moved the adoption of the Ordinance. The motion was seconded by Hr.,Webber and, adopted by the following vote: AYES: Council members Davies. Hanes. Pickett. Waldrop. Webber. Young. and the President. Hr.!Woody ..................... ?. NAYS: None ........................... O. In this connection. Mr. Holman Willis. Jr.. a member of the. Commission of Game and Inland Fisheries. Commonwealth of Virginia. appeared before Council as a representative of the Commission and advised Council that he is very sorry that there ls an apparent difference of opinion between the Commission and Council. Mr. Willis pointing out that under Virginia low the Commission is requlredto appoint a Game Warden for each city and county in the Commonwealth and that the lam makes it. mandatory that the said Game Warden carry nut andenforce the provisions of the Virginiu law witbreference to dogs. tha~ in lieu of paying $2.50 for each dog hilled in the city Council, can enter .into a contract mith tbe Commission to, supplement the. salary of the GameWarden instead, that inhis~ opinion the dog problem in the City of Roanoke ia entirely too big for~any one man to cope, with aud~that he sincerelyhopesthat tbe Commission's Game Warden and the city*s Dog Warden will be able to work together in harmony on the~problem, Mr. Willis concluding that every police officer of the City of. Roanoke is a warden,ex officio and should:enforce game laws within the city, including dog Xn, answer to, a question by, Mr. Webber. Mr. Willis stated that Wr. Flippen 1~ Game. Warden in, the City of Roanoke. hut that tbe State,Commission has authority and:.is,conpelled to occasionally mithdraw~him from the city for, work In the. county daring the beginning of th~ hnnting, and, fishing, seasons,.bonever~ records of the Game Commission indicate that more than ninety per cent of Mr. Flippen*s time has been worked within the city limits. 383 ss4 Mr. HIIIIa presented ~ report or thb'~ctlrlties of H~. FlJppee for the m,Bah or January-July. 1955. inclusive, l~di~e~lng that Mr. Flippen has put in more then 350 hoars per moat~ daring that period.' Hr. Hfliis further advised that the ~nme C,emission mill be happy to mark uitb Council and expects its Game Uardem 'to Work mitb city officials, stating that any complaints against the {~rden should be made direct to the Commission or to the supervising Gene Norden of the area. GARBAGE REMOVAL: The City Manager presented a report on the pest contra! program being carried on at the city dumps, advising that considerable progress bas been made nnd that he feels in n short time he wilt be able to eliminnte most of the pest~ thereon. The report mas ordered filed. BUDGET-CITY GARAGE: The City Manager requested a transfer of $400.00 from Sapplies to Stationery and Office Supplies in the Garage account to permit the parchase of necessary gas tickets for the balance of the year. Mr. Mebber mated to cancer in the request of the City Manager and offered the f. Il,Ming emergency Ordinance: (n124B5) AN ORDINANCE to amend and reordain Section ~gg. 'Garage'. of the 1~55 Appropriation Ordinance. and providing for an emergency. (For fall text of Ordinance. see Ordinance Book No. 21. Page 20.) Mr. Hebber moved the adoption of the Ordinance. The m,tiao mas seconded by Mr. Young and adopted by the following vote: AYES: Coancil members Davies. [lanes. Pickett. #aldrop. ~ebber. Young. and the President, Mr. ~oody ...................... ?. NAYS: None ............................ O. BUDGET-CITY gARRET: ~he City Manager requested a transfer of $15.00 from Repairs to Stationery and Office Supplies in the Municipal Scales account of the 1955 budget to permit the purchase of scale tickets for the balance of the year. Mr. Haldrop moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~12459) AN ORDINANCE to amend and reordain Section u89. 'Scales". of the 1955 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 21. Page 28.) Mr. Ualdrop moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies. Hanes. Pickett. Naldrop. Mebber. Young. and the President. Mr. H,,dy .................. ?. NAYS: Noue ........................ O. BH~GET-DEPARTMENT OF PUBLIC MELFARE: The City Manager advised that the c~y has recovered a considerable amount of funds from property of deceased persons . formerly drawing welfare and that in order to refund to the state the federal and state portions of such funds It will be necessary to have an appropriation of $1,SO0. O0 to the Refunds and Rebates account of the 1955 budget, the City Manager requesting that Couucil make such an appropriation. 385 Mr. Wanes mowed to coannr ii the reqaeat of thn City Manager and offered the following emergency Ordlmaece: (w12490) AN ORDINANCE to:amend fad reordafm Section at54. "Re/nnda and Rebates'. of the 19SS Appropriation Ordinance. and providieg row an emergency. (For tull text of Ordinance. see Ordinance Hook Wo. 21. Page 29.) Mr. Hanes moved the adoption 'of the Ordinance. The motion mas seconded by Hr. Maldrop and adopted by the following vote: AYES: Council members Davies. Wanes. Pickett. Wsldrop. Yebber. Young. and the President. Mr. Woody ..................... ?. HAYS: None ........................... O. SEWAGE DISPOSAL: The City Manager reported that final settlement for the work or E. and £. J. Ptotzer. Contractors on the Sewage Disposal Plant. has not been made due to disagreements end submitted · letter from Hayes. Seay. Mattern and Hattern. Engineers. showing an amount of $12.356.46 due the said company at this time. the City Manager recommending the adoption of a Resolution providing for the payment thereof. Mr. Hebber moved to concur in the recommendation of the City Manager and offered the folloming Resolution: (z12491) A RESOLUTION authorizing and directing the City Auditor to pay !unto E. ~ E. J. Pfotzer. Incorporated. General Contractors. $12.356.46 reported to be dam said contractors, at this time. for work performed under the contract for the con,traction si the Sewage Disposal Plant. (For full text of Resolution. see Ordinance Dock Ho. 21. Page 29.) WI. rabbet moved the adoption of the Resolution. The morass was seconded by Mr. Hanes and adopted by the Following vote: AYES: Council members Davies. Hanes. Pickett. Waldrop. Webber. Young. and the President. Mr. Woody ................... 7. HAYS: Hone ............................. O. SEW£RS: Council at its meeting of September 6. 1955. having directed the City Manager to advise whether or not the present saner line serving residents on Mount Vernon Road and Drandon Avenue. S. W** is a replacement of a former sewer line serving the said properties, and if so. the relative elevations of the two sewer lines involved, the City Hanager reported that there has been es change in the seuer line serving the properties in questinn since its initial construction except the extension of the line above the homes ia question for additional areas and that the city has taken no abnormal action which would cause sewage to back up into the homes involved. Mr. Young moved to accept the report of the City Manager. ~he motion was seconded br Mr. Davies and adopted. BUDGET-JUVENILE D£TEWTIOH HOME: The City Manager presented a request for an appropriation of $750.00 for the purchase of a refrigerator for the Jnvenjle Detention Home. advising that one hundred per cent of the cost thereof will be reimbursed the city by the Commonwealth of ¥irginia. Mr. Young moved to concur in the request of the City Manager and offered the following emergency Ordinance: (z12492) AH ORDIHAHCE to amend and reordain Section m143. mDepartmentel Equipment and Improvements** of the 1955 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Dock Ho. 21. Page 30.) 386 Mr Young moved the odoptlon or the Ordinance The motion was seconded by Mr, Msldrop and adopted by the folloming vote: AYES: Council members Davies. Hemes, Pickett. Maldrop, Webber, Young, end the President, Mr, Moody'- ................... NAYS: None ............ ~ .............. O, STORM DRAINS: In compliance with a directive of Council at its meeting of August 15o 1955, the City Manager submitted n report of Dr. Byron N. Cooper. Geologist at the Virginia Polytechnic Institute, on the probability of draining the Round Hill section by the use of drainage shafts, Hr. Cooper advising that while a portion of the area could be drained into drainage shafts it will be necessary to drain the balance therof by conventional means, Mr. Young moved to direct the City Manager to advertise for bids for the construction or a storm drain in the Round Hill section as recommended by the City Manager on August 15, 1955, and to secure the necessary easements therefor. The motion was seconded by Mr. Davies and adopted. BUDGET-DEPARTMENT OF PUOLIC MEL~ARE: The City Manager presented a report from the Director of Public Nelfare on the program of caring for convalescents in the City Hone. advising that there has been considerable savings in funds by reason thereof and requesting that the 1955 budget be amended to provide for continuing the program during the last three months of the year by the transfer of sufficient funds from unexpended balances to cover the salaries of two practical nurses at $150.00 each per month and an orderly at $150,00 per month fur three months; the purchase of six hospital beds with mattresses at a cost of $400.00; and the purchase of six bedside tables at a cost of $300.00; also, covering of the floors at the City Home at an approximate cost of $500.00, the City Manager concurring In the request. Mr. Webber moved to refer the matter to the City Attorney for preparation of the necessary Ordinance to carry out the request. The motion was seconded by Mr. ~aldrop and adopted. FIRE DEPARTMENT-POLICE DEPARTM£NTi The City Manager reported the death of Frank Lee Ferguson in the Fire Department and the employment of George D. Metheny in the Police Department on September 2, 1955, and September 1. 1955, respectively. The report was ordered filed. REPORTS OF COMRITTEES: NONE. UNFINISHED BUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SALE OF PROPERTY: Ordinance'No. 12485, providing for the sale of the northe one-half of Lot 22. Block 3, Map of Crozier, by the City of Roanohe to Mr. C. F. Kefauver at a net consideration of $200.00 cash, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Young offering the following for its second reading and final adoption: (~12485) AN ORDINANCE providing for the sale of the northerly one-half of Lot 22, Block 3, Map of Crosier, by the City of Roanoke at a net consideration of ;200.00 cash; and authorizing the execution and delivery of a deed therefor. (For full text of Ordinance, see Ordinance Rook No. 21. Page 26.) 387 Mr. Y,nag moved the adoption or the Ordinance. The w,mica nas seconded by Mr. Davies ~d-~opted b~'the'f~{'iowiag vote: AYES: Conncil me~ero'Davies, Banes° Pickett, #aldrop, Webber, Young, and the Presldeato:#r.'#SO~y--~ ...... ~ ...... '~ ..... 7. NAYS: Nose ............................ O, SUBDIVISIONS: Council at its me'ting of September 6, 195~, having directed the preparation or a Resolution. appointing a committee to study the Subdivision Ordinance and recommend secessary ~hanges and improvements therein. Hr~ Webber offered the r,Il,ming Resolution, with the understanding that the report of the committee, uhen presented, mill be submitted by Counc{l to the City Planning Commission for study and report prior to its adoption by Council: (n12493) A RESOLUTION creating a Subdivision Committee to studf the Subdivision Ordinance of the City of Roanoke and thereafter, ir deemed advisable. to recommend additions thereto or deletions therefrom for the consideration of Council~ and providing f~r a~ emergency. (For full text of Reso~utlon.'see OrdinanCe Hook Ho. 2~. Page Mr. Webber moved the adoption of the Resolution. The motion mas seconded by Hr. Hones and adopted by the following vote: AYES: Council members Davies, Banes. Pickett. #aldrop, Webber. Young, and the President, Hr. Woody ....................... 7. NAYS: None ............................. O. BONDS-ORADE CROSSIN6S-SCHOOLS: Council at its meeting of August Rg, 1955, having directed the preparation of a Resolution to provide for the sole of $3S0.000.00 of bridge isprovemeat bonds heretofore voted for the construction of the Jefferson Street Crude Crossing Elimination ¥1aduot and Project, ~ro Webber offered the following Resolution: (~12494) A RESOLUTION offering for sale on the 2ad day of November, 1955, bonds a~ouoting to Yhree Hundred Fifty ~housand Dollars ($350,000.00) to provide funds to defray the City's share of the cost of permanent public improvements, Acquisition of sites for. approaches to and tho coastrnction of, a new grade separation viaduct designed to replace the existiog Jefferson Street grade crossing over the Norfolk and ~esteru Ballroad, on Ho S. Route 11. ia the City of Roanoke. authorized at an election held oa the 10th day of June, lg52; directing that said bonds shall be dated the lot day of December, 19S5, and delivered to the purchaser or purchasers oa the ?th day of December, 19SS, or as soon thereafter as is reasonably coavenient~ directing the City Clerk to advertise said sale of bonds and to have the bonds prepared. (For full text of Resolution, ~e Ordinance Book No. 21, Page 31o) The Hesolution having been read in its entirely, Hr. Webber moved its adoption. The motion mas seconded by Hr. Waldrop and adopted by the following AYES: Council ~embers Davies. Hones, Pickett, #aldrop, ~ebber, Young and the President. ~r. Woody .................... ?. · NAYS: None .......................... O. ..388 Mr. YOClg stated that ia voting for the idoptioo of the Resolution, he is miodrul or the promise wide when the bonds were outhorlzed thot he would not ivote rot the sale or said hoods unless it became obsolntel7 aecessarT, but Shot be ii sou convinced that In view of the clty*s flnonciol condition it is aecessarl'that the bonds be sold. MOTIONS AiD MISCELLAN£OUS BUSINESS: ~OUSI~G: The City Clerh reported that Mr' Malcolm L. Worrell his qualified ss o Commissioner or the CitT or Roanohe Redevelopment and ~ousing Authority pursuant to appointment by Malor Woody. BUILDING CODS: The COt! Clerh reported that the term or Mr. carlos u. Shanh as a member or the Board or Appeal, Bull~lng Code, will expire September 30, 1955. Mr. Mebber moved to table the matter until the next regular meeting or Council. The motion was seconded by Mr. Canes and adopted. There being no further business, Council adjourned. ~:' ' President 389. COUNCIL. REGULAR MEETING, Monday, September The Council of the City of ROanoke wet in regular meeting iR the Council Chamber it the Munfcfpnl Nnfldfug, Mouduy, Sepiember 26, 1955, ut 2:00 o'clock. p. m** the regular ueeting hour, with the President, Mr. Woody. presiding, PRESENT: Council members Davies, flames, Pickett, Muldrop, Webber, Young. and the President, Mr. Moody .................. 7. AHSENT: None .......................... O, OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph G. Whittle City Attorney. Mr. Harry R, Yutes, City Auditor. and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend Earl D. Rowland, Pastor of the Blue Ridge Church of the Brethren. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing on the request of Latz Funeral Home, Incorporated, that its property situated on the west side Of Franklin Road. S. M., between Highland Avenue and Washington Avenue, be rezoned from Special Residence District to Business District, having previously been set for 2:00 o'clock, p. m., September 26. 1955,.and notice ofsaidhearlng having heart.published in The Roanoke World- News on September 8~ 1955, as required by law. and the City Planning Commission having previously recommended that the request of the petitioner be granted, the hearing was held atwhich Mr. Walter W. Mood. Attorney for the petitioner, appeared and requested that Council grant the requested rezonlng. No person appeared~ic oppositiouto the request.~ ~ Mr. Waldrop moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first (~124gS) AN.ORDINANCE to amend and reenact Articl-e I, Section 1. of Chapter $1, of the Code of the City of Roanoke, Virginia. in relation to Zoning. WHEREAS. application has been made to the'Councillor the City of Roanoke to haveprcperty.located on the southwest:corner of Franklin Rood'and Highland Avenue and extending south on Franklin Road to WashingtonAvenue described ms-Lots 15 and 16, Block 20 of the Lewis Addition~tothe City of Roanoke, Virginia. and known and designated onthe Official Rap of Roanoke City as.~lO22016,.lO22017.and 102201B rezoned from Special;Residence Dlstrict~to Business District,~and~ WHEREAS, the City Planning Commission,has recommended that tbe above property be renamed from Special Residence District to Business District as M~EREAS, notice required~by~Artic~e II, Section 43. of Chapter SI, of the . Code of the City of Roanoke. Virginia, relating to Zoning, has been published~in *The Roanoke:World.News** aeewspaper published in.the City.of Roanoke, for the time;required by said section; and. WBEREAS; the:hearing:as provided for in.said.notice published In the said newspaper was held on the 26th day.of September, 1955, at 2:00 o'clock, p; m... before therCouncll.oftheCfty a~.Roanoke,.fn the Council Roomtln.tbe Municipal Building, at which hearing no objections were presented by property owners end other interested parties In the affected area. and 390 WHEREAS, this Council, after considering the application for renaming, is of the opinion that the above property should be rezoned as requested, THEREFORE, BE IT ORDAINED by the Conical of the City of Roanoke that Article I, Section 1, of Chapter 51, of the Cede o! the City or Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and aa other, viz: Property located on the southmest corner of Franklin Road and Highland Avenue and extending south on Franklin Road to Washington Avenue described as Lots 15 and 16, Hlock 20 of the Lewis Addition to the City of Roanoke, Virginia, and known and designated.onthe Official Map of Roanoke City as z1022016, 1022017 and 1022018, and is all set forth on that map designated as Sheet number 102 of the Zoning Hap er the City of Roanoke, be, and ia hereby changed from Special Residence District to Business District and the Zoning Hap herein referred to shall be changed in this respect. The motion mas seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Uanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ..................... 7. NAYS: None ........................... O. CITY ENPLOYEES: Hr. Earl B. Lucaa, Local Representative of the United Construction Markers of America, appeared before Council and stated that in excess of one hundred employees of the Sanitation Department of the City of Roanoke hare signed applications for membership in his Union and have requested that the Union represent them as bargaining agent, Mr. Lucas asking that Council take action to recognize the said Union as bargaining agent for the employees of the Sanitation Department. In this connection, Hr. L. C. rayne, an employee of the Sanitation Departme appeared before Council and stated that the employees feel the need of representa- tion since many of them are unable to speak for themselves, thatthey feel unjust disciplinary action has been taken against some of the employees and that the supervisory personnel is prejudiced. Hr. Hombert C. Callomay. representing the United Construction Norkers. appeared and stated that the Union is prepared to present proof of membership of the employees it claims in its organization and that he feels recognition wlll result in better cooperation from the employees with the city. Mr. Webber moved to take the matter under consideration for study. The motion was seconded by Hr. Hanes and adopted. PETITIONS AND COMMUNICATIONS: SEWAGE DISPOSAL: A communication from Mr. Furman Hhitescarver, Attorney for the Board of Supervisors of Roanoke County, requesting that the contract of September 20, 1954, between the City of Roanoke and the County of Roanoke, providing for sewage treatment, be amended to provide for the elimination of metering equipment at connecting points between the city and county transmission line in certain areas and the substitution of water meter readings to determine thc amount of sewage delivered to the city by the couaty; to provide for the recognition of the Roanoke County Sanitary Authority as the agency through which tke connty mill collect semage for delivery to the city system la ill of the areas except the due which includes the Generel Rlectric plaat~ end to provide rot the addition to the areas covered by the contract of Mludsor Park nnd ¥1udsor Rills, Storm~uot, Summerdeen ~o. 3 end Summerdena ~o. S, Sufmltt Hills fid Mr. Manes moved to refer the request to the Semoge Committee composed of Messrs. Roy L. ~ebber, Chairman, Yalter L. Young, Arthur S. Omens and RandolPh G.' Rhittle for study and recoumendation. The motion mas seconded by Hr. Youn~ and adopted. SOLICITATIONS: A coununicatlon from the 'Inter-Organization Council or Ronnohe City and County, requesting that Council adopt an Ordinance regulating~the public solicitation of funds mithln the city. mas before the body. Hr. Banes moved to refer the matter to the City Attorney for study and report. The motion mas seconded by Mr. Waldrop and adopted. BONBS-SCBOOLS: Cop~ of a communication from the Wildwood Civic League to the Roanoke City School Board, requesting that a school for that section of the city lying east of Tinker Creek, to be located in Thrasher Park. be included in Phase I of the School Board's proposed construction plan, was before Council. The communication mas ordered flied. BONDS-SCHOOLS-ACADEMY OF MUSIC: A communication from the Grandin Court School Parent-Teacher Association, pledging its support to the school construction program and the Issuance of bonds therefor and opposing the issuance of bonds for the construction of a municipal auditorium, mas before Council. The communication mas ordered filed. FIRE DEPARTMENT: A communication from Mr. J. B. Mitchell, stating ~hat tun modern ladder trucks purchased by the city in 1950 have not been Pla~ed in operation, but that instead the Fire Department is operating a 1916 ladder truck, and suggesting that the new tracks be placed in service and the old equipment retired, was before Council. Mr. Maldrop moved to refer the matter to the City Manager, The motio~ mas seconded by Mr. Hanes and adopted. STREETS AND ALLEYS: A petition from residents of the 700 block of Nindsor Avenue, S. M** requesting that their 'street be paved to eliminate dust conditions, was before Council. Mr. Maldrop moved to refer the matter to the City Manager for such action as funds permit. The motion was seconded by Mr. Hanes and adopted. ZONING: A communication from Mr, T. J. Ross, requesting that his propert~ located on the northwest corner of' Melrose Avenue and Tme?ty-first Street, N. M., be rezoned from Special Residence District to Rnsiuess District. mas before Council. Mr. Yoang moved to refer the request to the City Planning Commission for study and recommendation. The motion mas seconded by Mr. Davies and adopted. REPORTS OF OFFICERS: ELECTRICAL CODE: The City Manager recommended that Council appoint a committee to study and recommend revisions to the Electrical Code of the City of Roanoke which was adopted in 1933. 392 Mr, ~el~rop moved to concur IR the recommendation of the City Manager and to direct the City Attorney to prepare a Resolution eppoictic~ a committee consisting or Messrs. E, L, Brlndel, £1ectrl~l Inspector, Chairman, J. Mlncaoon, D. H. McMeever, J, M: Murphy and John Laurence Hart to study the Electrical Code and recommend revisions thereto. The motion mas seconded by Mr. Rubber and adopted, BUDGET-CITY COUNCIL: The City Manager recommended that an appropriation of $283.46 rot Tr~vel Expense in the City Council'account of the 1955 budget be mode to cover the cost Of necessary travel, Mr. Hanes moved to concur in the recommendation of the Cit~ Manager and offered the following emergency Ordinance: (#12496) AN ORDINANCE to amend end reordain Section al, #Councilu, of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text Of Ordinance, see Ordinance Boob No. 21, Page 32.) Mr. Hanes moved the adoption of the Ordinance. The motion mas seconded by. Mr. Maldrop and adopted by the following vote: AYES: Council members Dories. Hanes. Plchett. Maldrop, ~ebber. Young, and the Presiden~, Mr. Moody ................ ?. NAYS: None ...................... O. BUDGET-CITY SERGEANT: The City Manager ;presented a request of the City Sergeant for a transfer or $75.00 from Salary, Extra Employees to Stationery and Office Supplies in the Sergeant account of the 1955 budget, recommending that the request be granted. Rr. Waldrop moved to concur in the recommendation of the City Manager nad offered the following emergenc~ O~dl~ance: (~12497) AN ORDINANCE to amend and reordain Section g27. 'Sergeant'. of the 1955 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Boob No. 21, Page Mr. ~aldrop moved the adoption of the Ordinance. The motion mas seconded by Er. Davies and od'opted by the folloming vote: AYES: Council members Davies, Hanes, Pickett, ~aldrop, #ebber, Young, and the ~resident, Hr. Moody ..................... ?. NAYS: None ........................... O. FIRE DEPARTMENT: The City Manager reported that Carson Spencer and Edward Thomas Doss resigned from the Fire Department, effective August 31. 1955, a~d September 26, 1955, ~espectively, and that John Richard Graham was employed in the Fire Department. effective September 16, 1055. 'The report was ordered filed. BUDGET-CLERK OF COURTS: The City Manager presented a request from the Clerk of Courts for the transfer of $125.00 from Maintenance of Machines in the clerk of Courts account to Departmental Equipment and Isprovements. Clerk of Courts account, of the 1955 budget~ ~or the purchase of a steel safe, in which he concurred. 393 Mr, Davies moved to concur ia the request of the City Manager and offered ;be follomJag emergency Ordinance: (u12496) AN ORDIHAHC£ to amend and reordoiu Section n29, 'Clerk of Court~', end Section a1431 'Oeportmeuto~ Equipment and Improvements", of the 1955 Appropriation Ord~liece, amd providing for nu emergency. (F~r full t~xt'~f Ordinnuce, see Ordinance M~ok No. 21, Page 33.) Mr, Davies moved the adoption at the Ordinance. The motion vas seconded by Mr. Hanes.and adopted by the following vote: AYES: Council m~mbers Davies, Manes.' Pickett, Wnldrop, Mebber, Young, and the President, Mr. Voody--~ ........... ~-7. NAYS: None ...................... O. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: SEMCH CONSTRUCTION: Bids for th~ construction of sanitary seme~ to serre Meat Avenue and #~stvlew Avenue. S. #., having been received by Council at its meeting of September 19. 1955. and having been referred to Messrs. Arthur OWens.'John h. Wentworth and M. C. Hroyles for tabulation and report, the said committee submitted its report, shaman9 the bid of M. S. Hudgins, in the amount of $15,693.00 as low bid, and the City Manager recommended the nmarding of the contract to the lam bidder. Mr. Mebbnr moved to concur in the recommendation of the City Manager and offered the'following Resolution: (a12499) A RESOLUTION accepting the proposal of M. S. Hudgins, Roanoke, Virginia, for the construction of sanitary sewer to serve portions of the area of Salem Avenue. West Avenue and Yestvfew Avenue. S. W., Test of Eighteenth Street, in the total sum of $15,693.00; authorizing and directing the City Manager to execute the requisite contract; end providing for un emergency. (For full text of Resolution, see Ordinance Hook Mo. 21, Page Mr. Webber moved the adoption of the Resolution. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett. Maldrop. Webber, Young, and the President, Mr. Hoody .................... NAYS: None .......................... O. BONDS-SCHOOLS: Council at its meeting of September 19, 19S5. having tabled until its next regular meeting a request from the Roanoke City School Board for the ~dvancement of $300,000.00 pending'the issuance of school bonds, for the payment of architects' fees and purchase of sites, the matter was again before the body. Mr. Young moved to instruct the City Attorney to prepare a Resolution for passage at the next regular meeting of Council which would approve generally the request of the School Hoard for fends to acquire sites and to pay for preliminary architectural stadi~s, both ~f #hick are required for the expansion of the school system, Phase 1, as proposed by'the School Boardj but would appropriate no money immediately, the Resolution to assure the Hoard of Council's intention to make the necessary appropriations as loans ut such times as individual items of expense are presented to Council and requests are properly made by the School Hoard, t~ total amount of such appropriations not to exceed $300,000.00° The motion mas seconded by Mr. Webber and adopted. 39'41 CONSIDERATIoN OF CLAIN~: NONE. ' INTRODUCTION AND CONSIDERATION OF ORDINANCES A~ RESOLUTIONS: R~SoLUTIoNS'OF APPRECIATIoN°PARES A~D PLAYGROUNDS: The N~rfolh and Melters Railway Coupauy having presented to the ~ity of Roanoke and placed In Nasena Park a retired atele locouotlveo'#r. ~eldrop offered the rolloei~g Resolution: (Ul~500) A RESOL~rlON expressing the City*a appreciation of n recent gift to the City by the NorfOlk and Mestern Railway Company. (For fell text of Resolution, zee Ordinance Oooh No. 21, Page 35.) Ur. Naldrop moved the adoption of the Resolution, The motion was seconded by Hr. Hanes and adopted by the following vote: AYES: Council eembers Davies, Hanes, Pickett, Waldrop, Webber, Young. and the President, Mr. Noody .................. NAYS: None ........................ O. BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager having presented a request to Council at its meeting of September 19, 1955. for the necessary tranfer of funds to permit the continuation orthe convalescent care of indigent medical cases at the City Home for the balance of the year, Mr. Webber offered the following emergency Ordinance: (~12501) AN ORDINANCE to amend and reordain Section sS4, 'City Home*. of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 21, Page 36.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Waldrop and adopted by the following vote: AVES: Council members Davies, Hanes, Pickett, Raldrop, Webber, Young, and the President. Mr. Woody ................ 7. NAYS: None ...................... O. Mr. Webber then moved to instruct the City Attorney to prepare an amendment to Ordinance No. 122B5, adopted by Council on the 2nth day of December, 1954, to provide for the continued care of convalescent indigent medical patients in nursing homes for the remainder of the year. The motion was seconded by Mr. Waldrop and adopted, ZONING: Council at its meeting of September 19, 1955, having directed the preparation of an Ordinance to rezone the property of Home Dealers. Incorporated. et als, from General Residence District to Business District, said property being located on the south side of Cove Road, N. W., nest of Lafayette Boulevard, Mr. Young moved that the following Ordinance be placed upon its first reading: (~12502) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have a tract of land. containing ~.4 acres, more or less, located on the south side of Cove Road. N. N** designated as Official No. 2450101, 2.4 acres, more or less; Official No. 2460400, I acre; and Official No. 2460407, 3 acres, resumed from General Residence District to Business District; and NHEREAS, the City Planning Commission has recommended that the above tract of land be not rezoned from General Residence District to Business District, as reqnested; and MREREAN, notice required by Article XI. Section 43. of Cbepter 51 of the Code o! the City o! Roanoke. Virginia, relating' to Zoning, his been published ia 'The Roanoke Morld-NewsW, a newspaper published In the City of Roanoke. for the tlwe required by said section; and YBEREAS, the hunting ns provided ~or In said notice published fa lhe said newspaper was given on the 19th day or September, 1955. ut 2:00 o'clock, p. before the Council of the City of Roanoke in the Couocil Room in the Municipal Building. ut which hearing no objections were presented by property Queers end other interested parties in the affected area; and BBEREAS, this Council, after considering the application and the evidence both for and against said retorting, is of the opinion that the above property should be rezoned as requested. THEREFORE. BE IT ORDAINED by the Council of the Clky or Roanoke that Article I. Section 1. o! Chapter SI of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the folloming particular and no A tract of land. containing 6.4acres, more or less, located on the south side of~Core Road. N. B., being the property designated on Sheets 245 and 246 of the Zoning Map as Official:No, 2450101, Official No. 246040~ and Official No. 2460407. be, and is hereby changed from General Residence District to Business Oistrict~ and the Map herein referred to shall be changed la this respect. The motion was seconded by Hr. Davies and adopted by the following vote: AYES: Council members Davies. Banes. Waldrop, Webber and Young---. .... 5. NAYS: ars~;Pickett~ and the President, Wt. Woody ............. STADIUH: Council at its meetingof September 19.:1955, having directed the preparation of an Ordinance providing for certain needed public improvements at the Roanoke Wunicipal Stadium as recommended by the Stadium Advisory Committee. BF. Webber offered the:following emergency Ordinance: ~ · (s12503) AN ORDINANCE providing for certain needed public improvements at Roanoke Bnaicipal Stadium; and proyidJng for an emergency. ,(For full text of Ordinance. see Ordinance Rook No, 21. Page 36.) : Wr~ Webber moved the adoption of the Ordinance. :The motion was seconded by Rr.~Hones and.adopted.by the following vote: - : ,~ ., : AYES::Council members Davies. Hanes. Pickett, #aldrop, Webber. Young. and Mr. Webber then moved,to Instruct the City Ranager, tomnke a surreyof t~ Baker Field-steak,with=a-view of determining mhether additional improvements are needed atthlstimeL and report thereon. The motion was seconded by Hr. Davies an( SMOKECONTROL: Canncil-having previously=received a report)from a committee recommendlng~a~revised:Alr:Pollution Control Ordinance. and at its meeting of September 6~ 1955. having directed tbe~rewriting or, the said proposed Ordinance. the matter was again before the'body.~ r ~ t~ " :' ,. - Mr. Davies moved that the following Ordinance be placed upon its first reading: 395 396 ~(m1250d) AN OROINANCR to amend aid roordofm Ordinance Ho. 9152 adopted by the Council or the City or Rosuoke ou tko llthduy of August, 1947, as tkb ssmu was theretrter amended by Ordinance Ho. 9513 adopted b~ the said Council ou the 21st day of June, 1940, b7 Ordinance Ho, 10024 adopted by said Coubcil ou the 13th dsyof June, 1949, and by Ordinance Ho. 12292 adopted by said Council on the 3rd day or January, 1955. entitled 'The Air Pollution Control Ordinance or the city of Roanoke, 1949', by tke enactment of n hem Ordinance to be known, designated and cited ns UThe Air Pollution Control Ordinance of the City of Roanoke, 1955% regulating tke emission of smoke and other products of combustion. regulating the nonstruotion, installation, alteration, reconstruction or repair of certain boilers, furnaces, healers and other related or similar combustion equipment; providing for the approval of applications for permits~ providing penalties for the violation of the provisions of this Ordinance; and providing for an Air Pollution Control Advisory and Appeal Board. B£ IT ORDAIN£D by the Council of the City of Roanoke that Ordinance No. 9152 heretofore adopted by the Council of the City of Roanoke on the llth day of August, 194T, as thereafter amended by Ordinance Ho, 9513 adopted by said Council on the 21st day of June. 194B, by Ordinance No. 10024 adopted b7 said Council on the 13th day of June, 1949, and by Ordinance No. 12292 adopted by said Council on the 3rd day of January. 1955, entitled 'The Air Pollution Control Ordinance of the City of Roanoke, 1949', be, and the same is hereby, amended and reordained so as to read and provide as folloms: Section 1. DEPART#ENT OF AIR POLLUTIO~ CONTROL. The Department of Air Pollution Control is hereby continued and shall be an administrative department responsible to the City Manager. the chief of mhich shall be knomn as the Director, who shall be appointed by the City Manager. The individual so appointed ishall be qualified by training and experience in the theory and practice of air ipoilution control. Other personnel such as clerks, stenographers, inspectors, and others may be employed by the Director with the approval of the City Manager. Section 2. ADYISOR! BOARD. The Air Pollution Control Advisory Board consisting of five members heretofore appointed by City Council shall continue in office for the respective terms of their appointment and they and their successors shall constitute the Air Pollution Control Advisory Board and the Air Pollution Control Appeal Board provided for in this Ordinance. Annually hereafter on or before the lit day of January of each year, the Council shall appoint a member or members of such Board to fill the vacancy or vacancies caused by the expiration of the term or terms of office of any member or members, and such member or members then appointed shall hold office for a term of four years from the Ism day of January of the year of his appointment. If any vacancy shall occur on said Board caused by resignation or any other reason other than expiration of a term. the Council shall appoint a member for the remainder of such term. Rembers of the Board shall serve without remuneration for their services but shall be reimbursed for all expenses necessarily and actually incurred in the performance of their duties as members of such Board. 39? Section 3. ADMINISTRATION, The Oirector shall be responsible for the ndulniat~at'lon ~ ..... ' this Ordinance. 'He shall issue all notices provided for hereusde~'~ad sh~li k~p'~e rile ail reports of violutions, comploints, cad other records. The Director and inspectors ~Bpioyed in this department shall lnvestigete complaints'and make Inspections and observations o! saoke conditions la the City or R .... ke aud'~hey shall keep dai~y w~tten records'of nil inspections, violations and complaints. secilon 4. DEFiNiTiONS' (a) DIRECTOR.' The term 'The Director' or 'Director' shall mean the Director of the Department of Air 'Pollution Control. (b) PERSON. The word person s~all include individuals, firms, corporations, companies, receivers, associations, executors, administrators, trnstees, guardians. agents, or any other legal entitles. (~} 'DENSE SMOKE. Dense smo~e,'~s the tern is used in this Ordinance. is hereby defined as smoke the density or shade of which is equal to or greater than No. 3 of the Rlngelmann Chart as prepared and approved by the United States Dureau or Mines. (d) ~MES. The term 'rUnES' as used in this Ordinance is hereby defined to mean any visible fumes or gases other than smoke regardless of color or shade of · density e'qual to or greater thee No, I of the Ringelmann Chart. (e}' FLY ASH. ~Fly Ash" as the term ia herein used. Is hereby defined to all cinders, dust, fly ash. soot, and other s~lids formed as a result of the ,mbustion of fuel. and carried into the gas stream so as to reach the external air. (f) STACK. 'Stack~ is hereby defined to mean any chimney, smokestack, structure, or opening of any hind whatsoever capable of emitting smoke. (g) OPEN FIRE. An "Open Fire' is hereby defined to be a fire not contained within a combustion unit so designed as to prevent the excessive emission of smoke, soot. cinders, noxious acids, fumes and gases. Section 5. APPRovAL OF CERTAIN BEATING INSTALLATIONS. Before any person shall construct, install, reconstruct, alter or repair any heating or combustion equipment in the City employing solid fuel or commercial oil. known as Bunker C or No, No. 6 oil. or having m fuel Input of 400.000 BTU's or more per hour he shall first obtain therefor an installation permit from the CitY's Department of Buildings pursuant to the provisions of the Official Buildin9 Code of the City of Roanoke, Prior to the issuance of any such permit, the City's Building Inspector shall cause to be transmitted to the Department of Air Pollution Control the plans and specifications filed with the application for such permit which plans and specifications shall be examined by the Director' for the purpos'e of determining whether or not the provisions made for the prevention of smoke are of the kind and character to enable the ~quipment or heating device to be operated without violating the provisions of this Ordinance. The said Director shall promptly endorse thereon his approval or disapproval of said plans and specifications and return the sam~ to the Oepar'tment of Buildings, whereupon, and provided that all other requirements of the said Building Code hare been met. the Building Inspector Issue mn installation pernlt and the oppllcstion shall be made a part of the 398 Sectioe 6, I~SFECTION HECESSARY. The Director or ea essistoet shall inspect trier cosple~loa ~11 boilers, furnaces, or Uther zpparatus rot mhich an approval by the Director is required according to Section $ and for mhich za installation ~e~mft kcs'beau issued, fid'if the sene'be fousd tn be fe u~eorduuce with the requirements of this Ordinance'cud'with the approved plans and specifications tad thc information given on the application in so rat us ear pollution control is concerned, the Director shall so notify the Dulldl~g Inspector who shall ia turn, after his inspection, issue a Certificate of Inspection Such Issuance of s Certificate Of Inspection shall not exempt, nor be held to Section 7. RHLES A~D R£GHLATIONS. In addition to the requirements set forth, the Director is hereby authorized to promulgate rules and regulations, in- sofar as air pollution control is concerned, governing setting heights end setting methods of boilers, furnaces and stokers; sizes and construction methods of flues, breechings, chiuneys~ and stacks; sizes and types of furnaces, stokers, boilers, and other fuel-burning equipment, grate area, use, size, number and type of steam-air Jets or other smoke eliminating devices, as determined by the kind of fuel to bc used, mhich rules and regulations shall first be approved by Resolution of Council before becoming effective. Any such rules and regulations shall be preserved in the office of the Department of Air Pollution Control and made available for public inspection. Such rules and regulations shall embody basic principles as set forth in publications of recognized standard authorities suck as the Federal Bureau of Mines, the Department of Commerce, Bureau of Standards. Stoker Manufacturers Association. American Society of Mechanical Engineers. American Society for Testing Materials. National Marm Air Heating and Air Conditioning Association. National Association Beating and Piping Contractors, American Society of Heating and Ventilating Engineers, the National Board of Fire Underwriters. the American Gas Association, or other recognized authority. Section 8. NDEN SMOKE A NUISANCE. The production, emissio'n, or other escape of smoke within the City of Roanohe of a density equal to or greater than that defined in Section 4 (c) of this Ordinance, from any fire or fires whether the same be active or burning or banked or in a state of rest, such smoke being suffered or permitted to escape through a stack, flue, or chimney, except for a period or periods aggregating 6 minutes in any 60 minute period during which time the firebox or fireboxes are being cleaned out or a new fire or fires built therein, is hereby declared a nuisance and shall be summarily abated by the Director or by anyone' whom he may duly authorize forsuch purpose. Such abatement shall be in addition to a~y penalty hereinafter provided. Any person mbo shall suffer or permit the production, emission, or other escape of smoke within the City of Roanoke of a density equal to or greater than that defined in Section 4 (c) of this Ordinance, from any fire or fires, whether the same be active or burning or banked or in a state of rest, such smoke being suffered or permitted to escape through a stack, flue, or chimney, except for a period or periods aggregating 6 minutes in any 60 minute period during which time the firebox or fireboxes are being cleaned out or anew fire er fires built therein, shall be deemed guilty of n ,lsdemeuaor and peuJsbsd es provided ia Section 17 of this Ordisseee, Section 9, ROUNDHOUSE AND TESMINALS, At raandhosseu end terminals nn tmmusit! of periods aggregating 6 minutes in any 60 minute period shall be allomed Mhea fires nra befog cleaned or fires are being built fa cold locumotfrea, After tho fire has been built, the locomotive shall not emit suoke iu violation 'of Section 4 (c) or this Ordinance rot an aggregate of more than 2 minutes during any 60 minute period, Section 10, FUMES. The eeission from any premises of visible fumes gases other than smoke regardless of color or shade of a density equal to or greater than No. I or the Rlngelmann Chart is hereby prohibited, and any person who shall suffer or permit the emission of same from any premises shall be guilty of a misdemeanor and punished as provided in Section 17 of this Ordinance. The emission at any time of smohe equal to er greater than No, S of the Ricgelmann Chart shall he unlamful and constitute · uisdemeanor hereunder, Section 11. CINDERS, DUST. FLY ASH, SOOT. ACID. It shall be unlawful for any person to cause or allow to escape into the open air such quantities of cinders, dust, fly ash, soot, acid, or other fumes, dirt, or ether materials, or obnoxious gases, in such place or manner as to cause injury, detriment, nuisance, or aoaofsnce to any other person or damage to any other property and the same shall constitute a misdemeanor punishable under Sectionl? of this Ordinance, Section 12. DEFENSE PROVISIONS, In any proceeding under this Ordinance, it shall be a good defense if the person, charged with the unlawful emission of smoke, fly ash, soot, cinders, noxious acids, fumes, or gases, shall show So the satisfaction of the court or Jury-trying. the case that an adequate supply of · smokeless solid fuel is not.available and shall further show that there Is no knomn practicable device, appliance,' Means or method by application of which to his building, establishment, premises, locomotive, or other equipment, the emission or discharge of the dense~snoke, fly ash, soot, cinders, noxious,acids, fumes or gases, couplainedof, in snch proceeding, couldhnve-been prerented. Section 13. APPROVAL REQUIRED. No person shall pot into~use oF,cause to be used-any new, remodeled, oF~reconstructed,statlon~yboller, furnace, incinerator, stack, or other.apparatus connected with the stack reqolred~by this Ordinance to be inspectedb-until, a certificate of inspection.as provided~for hereunder-shall Section 14~ FIRING EQUIPMENT. .Each~heating plant hereafter=installed., altered, rebuilt+-or reconstructed.,having,aninpgt of 400.000 Btm*s or. more per hoar. shall be.aa approved smokeless type or shall,be equippedwlth mechanical methods of firing coal~,ctl,.or gas,.except that. apermit-uay be issued for the use of coke-only,~in which,event.no other.fuel.may be used in such. plants, and the ~use of other.fuel,fa such plants,shall:constitute a:vlolatlon.of this Ordinance. A permit may.be issued, for only.one.such boiler in any uno.plant, -. · · 399. 400 '~SO~tloe I$;'-EXENPTION'FROI PROSECUTION. The'lssnosce~of'nhy'lostalletlon permit nr'~ertiticate'b! laspeetlnh'ror'tbe'ceaotruetioa0'reeoastructioe;'elteratioe or repoir or nay boiler, furoece, lecleeretor, stuck, or other upper&res cosoected with the steck*'sball'not be~beld o~'coakt~,ed'~b e~enpt'ae7 person to mhom'soch lustalletloe permit or'certificate'of'inspection may havb been issued'from pros~tUtios'on account of tbe'eblssloa of'siohe, visible reueo or gases, or of abe products of combustion which are hereih prohibited. ' Section 16. RIGHT TO EHTER, The Director or his assistants upon identification shall have the right to enter and inspect in the performance of his or their'duties, at all reasonable houvs,'all premises from which smoke~ cinderS, du~t; gash'fly ash, fanes, or odors are being emitted In violation of this Ordinante~ or bare'been emitted, or mhere the construction, installation, reconstruction, alteration or repair of any boiler, furnace, stack, or other apparatus connected with the stack is ta~lng place or has taken place, and it shall be unlawful for any person to deny admittance'to said DirectOr or his assistants or to interfere with him graham in the performance of his or their duties. Section 17. PENALTIES, Any person found guilty of violating any provision of this Ordinance shall be fined not l~ss than $10 nor more than $100 for each such violation. Offenses committed on separate days shall be deemed to be separate offen~es for the purposes of this Ordinance. Section lB. AHVISORYANO APPEAL BOARD. The Air Pollution Control Advisory Hoard shall act as advisor on matters of Air Pollution Control to both City Council and the Director. The Advisory Board shall act also as an Air Pollution Control Appeal Board and shall'review any appeal made in writing by any per,on dissatisfied with any decislonoftheDirector. The members of said Hoard shall be residents of'the City and shall have no interest in the sale or control of any smoke prevention equipment or apparatus. The Advisory Hoard may prepare such rules and regulations as may .be deemed necessary for them in the discharge of their duties. As an Appeal Board, it shall decide all appeals properly before it and shalleither affirm, modify, or overrule any decision of the Director. properly brought before said Hbard for review, Section lg. OPEN FIRES. It shall be unlawful for any person to permit or cause or allow the burning of old rubber, automobile batteries, leather, waste oils, ondgrease, garbage, Junk automobiles, or similar items, cloth materials, iplastics, or leaves or trimmings, or any such refuse in open fires io such a manner as to cause nuisance, annoyance, detriment, or discomfort to any other person or persons ob damage to business or property.' A violation of this section shall ctnstitute a misdemeanor punishable under Section 17 of this Ordinance. Section 20. SEALING OF EQUIPRENT* After an owner, person, agent. occupant, manage~ or l~ssee of any premises has been convicted more than once of a violation Of tbi~ Ordinance within any consecutive ~weive (12) month period, in respect to the emission of dense smohe, soot, cinders, noxious acids, fumes, gases, or fly ash, the owner, agent, occupant, manager, or lessee of said premises may be notified to show cause before the Director of Air Pollution Control on a day tala, not less than tea (10) days from the date of the notice, why the equipment .40.1 causing such violations should nok be sealed, The notice herein provided for Bay be given by mail directed to the last haoma address of the party to be notified, or if said party or'his.whereabouts is uahaoma, thee by posting a notice on the premises ut mkieh'the violations shall have occurred° Upon said date, said VIO- latOr ray appear and be heard, Upon SUCh hearing, Jr the Director of the Department of Air Pollution Control finds that adequate corrective means and methods have not heeo employed to correct the cause aY such condition, thee he shall seal said equipment until such time as adequate changes to the equipment have been made. Any person may within tea (IO) days of the decision of the Director, appeal his finding to the Air Pollution Control Board, as provided for in Section Iff and the appeal shall stay the sealing of said equipment,pending the appeal, Section 21, VIOLATIN6 OFFICIAL SEAL. It shall be unlawful and constitute misdemeanor for any per'on to violate a seal of any equipment or process that has been duly sealed by the Director or Air Pollution Control, unless authorized by the'Director of Air Pollution Control, in writing, or by · court of competent Jurisdiction. Section 22. OUTDOOR FIREPLACES, Outdoor fireplaces d6signed primarily for use as outdoor cooking appliances shall not be used as incinerators in such a manner as to cause nuisance, annoyance, detriment, or discomfort to any person or persons, or to cause the emission of smoke, fumes, fly ash. dust, or soot prohibited by this Ordinance. Section 23. VALIDITY. Should any section.'part, paragraph, or provision o! this Ordinance be declared unconstitutional or held invalid for any reason, the remainder of said Ordinance shall not be affected thereby, Section 24. CITATION. This Ordinance shall be known, designated and cited as "The Air Pollution Control Ordinance of the City of Roanoke, lgss". The motion mas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Mebber, Young, and the President. Mr. Needy NAYS: None ........................ O. Mr. Waldrop then moved that the following Ordinance, amending and reordaloing Section 1100 of the Building Code, be placed upon its first reading: (z12505) AN ORDINANCE amending and reordafning Section 1100, Installation Standards, of Article Il, Relating to Neat Producing Appliances, Heating, Ventilating, Air Conditioning, Blower and Exhaust Systems of The Official Building Code of the City of Roanoke as heretofore amended; and repealing Ordinance No. 12293 heretofore adopted on the 3rd day of January, 1955. DE IT ORDAINED by the Council of ~he City of Roanoke that Section ILO0, Installation Standards, of Article XI, relating to Heat Producing Appliances, Beating, Ventilating, Air Conditioning, Blower and Exhaust Systems of The Official Building Code of the City of Roanoke be, and the same is hereby, amended and reordained so as to read and provide as follows: Section llO0-A. INSTALLATION STANDARDS. (a) Heat producing appliances and systems (including incinerators) hereafter installed shall be installed la accordance with standard practices for safe : 02 instal~at~a'aa~ use ulthout danger if'overheating combustible material or construction sad uitbstandard' '" "'p~actlces for air pollution cottrol. Veatllatlugo air conditioning, blomer and exhaust systems hereafter installed shall be installed in accordance With standard practices for safe installation and use with all features presenting n possibility of starting or spreading a fire safeguarded to a reasonable deg~e~,''Ex~ep~'as other~is~ provided Il rules duly prom~{gated by the bail~iag o~fl~ial.'i~staii~tlon of such appilsn~s and systems'in ~C~ord~nce ~ith the ~Bulldiag Code Standards of the National Board of Fire Underuriters for the Installation of Heat Producing Appliances. Heating. Ventilating. ~r Conditioni~go Hlomer and Exhaust Systems~ shall be deemed to be the standard practice fo~ safe installation and use, ( See Appendix I.), and installation of such appliances and systems In accordance uith The Air Pollution Control Ordinance of the City of gouache. 1955, shall be deemed to be the standard practice for air pollution control. (b) The Building Inspector, or his authorized assistant, shall, after completion, inspect for safe installation and use without danger of overheating combustible material or construction all boilers, furnaces or other apparatus for the construction, installation, reconstruction, alteration or repair of mhich a permit I$ required under subsection (a} of Section IIO0-B, next folloming. IIO0-B. PER#ITS REQUIREB. (a) No person shall construct, install, reconstruct, alter or repair any stationery boiler, water heater, furnace, oven. stoker, oil burner, gas burner, apparatus to burn pulverized coal, or other apparatus connected with the boiler. breeching, or stack having an input rating of more than 25,000 BT~'S per hour, until application in writing, on forms provided, has been made by the owner. contractor, installer, or other person to the Department of Buildings and the requisite fee has been paid and a permit has been issued by the Building Inspector or his duly authorized assistant. The application shall show the nature of the work to be done, the size and make of boiler or other equipment, the size and make of the burner or stoker, the fuel to be used, the size of the breeching and stack, the load, and other information pertinent to the installation. Minor repairs which do not involve any uaJor alteration or addition to such boiler, furnace, or other apparatus, or which do not involve any alteration which tends to increase the emission of smoke may be made without a permit. The resetting of boJler~, furnaces or other heating equipment or the replacement of such equipment shall not be construed to be minor repairs. Schedule of Fees Beating boilers, furnaces, stokers, oil burners, gas burners, and combustion apparatus which does n~t exceed 3,000 square feet of steam radiation or its ~qaivolent, $3.00 for each installation. A~I other such equipment of greater rating,, 5.00 for each installation. Power Boilers I BP to 100 HP $3.50 each 101HP to 300 HP $5.00 each Ol BP to 500 HP 7.50 each 500 HP and over 10.00 each 403 -(b) No such pernit us is required by the preceding subsection for the construction, installation, reconstruction, alteration or repair or ~sy apparatus mentioned in said subsection employing solid fuel or couaerclai oll krona as Ouuker C, or No, 5 or No. 6 oil or having a fuel input or 400,O00HTO*s or more per hour shall be issued by tke. Rullding Inspeotor until the plans nad speclficutions for such apparatus and its installation shall have been first approved by the Director. of the Department or Air. Pollution Control, or his duly authorized assistant, as complying nith the requirements of the Air Pollution ControlOrdioance of the City of Roanoke, 1955. OK IT FURTHER ORDAINED that Ordinance No. 12293 heretofore adopted on the 3rd day of January. 1955. emending and reordalning Section 1100, Installation Standards.. of Article XI aforesaid, be, and Jt ia hereby, REPEAL£D. The motion nas seconded by Hr. Davies and adopted by the folloning vote: AYES: Council members Davies, Hanes, Pickett, Yaldrop, Webber, Young, and the President, Hr. Woody .............. 7. NAYS: None .................... O~ ....... RESOLUTIONS OF APPRECIATXONoARRORY: The American Rridge Division of the United States Steel Corporation having presented to the City of Roanoke a steel flag pole for erection at the nan National Guard Armory. Mrs. Pickett offered the folloniog Resolution: (~12506) A R~SOLUTION expressing appreciation for u recent gift to the City by American Bridge Division of United States Steel Corporation. (For full text of Resolution, see Ordinance Book RD. 21, Page 3?.) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Hr. Webber and adopted by the following vote: AVES: Council members Davies, Hanes, Pickett, Maldrop. Webber. Young. and the President, Mr. Woody ................... ?. NAYS: None ......................... OD In this connection. Mr. Rebber stated that the pole mas donated by the American Bridge Division through the efforts of Councilman Young and that it is on exceptlonally good flag pole and that he wishes to express the gratitude of the' Council and the people of Roanoke for Mr. Young's efforts. BONDS-GRADE CROSSINGS-SCHOOLS: The City Auditor recommended that Council establish a New York paying agent for the principal and interest of $350.000.00 of Public Improvement Bonds (Jefferson Street Grade Crossing), to be offered for sale on the 2nd day of November, 1955, as provided in Resolution No. 12494. adopted on the 19th day of September. 1955; whereupon, Hr. Yebber of£ered the following Resolution: (~12507) A RESOLUTION providing for o banking institution in the City of Nen York as a place of payment for bonds and coupons mentioned and provided for in Ordinance. No. 11406. entitled: "AN ORDINANCE to provide for the issue of bonds not to exceed Three Hundred Fifty Thousand Dollars ($350.000.00) to defray the City's share of the cost of permanent public improvements, to-wit: acquisition of sites for, approaches to and the construction of, a new 9Fade separation viaduct designed to replace the existing Jefferson Street grade crossing over the Norfolk ~ Western Railroad, on U. S. Roote 11, in the City of Roanoke; and providing for 4O4 nm emergencyU, passed by the Council or the. City, or Roun0ke, Virginia, on the 22ad day or,April, 1952, oud ratified by n majority or the qnollrled voters of said City voting nt an election duly nnd legally called, held and conducted on the lOth day or June, 1052, and for a proposntby the City 0f Roanoke to prospective purchasers ut said bonds that the,bonds nnd coupons alii be paid nt such bnnklug Institution lo the City of New York, the proposal to be made and constitute apart of the purchase ngreemeut~and providing rot nB emergency. .(For tull text of Resolution, see Ordinance Hook No. 21, Page 3H.) The Resolution having been read In its entirety, Hr. Webber moved its adoption. The motion Was seconded bY Mr. Wnldrop and adopted by the following AYES: Council members Davies, Hanes, Pickett, #aldropo Webber, Young, and ,he President Hr. Woody ...... ~ .......... 7. ~AYS: ~one ................ : ...... O, MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED President COUNCIL, HEGULAB MEETING, Monday, October 3, 1955, 405 :The Council of the City of Roanoke wet in regular meeting in the Council Chamber in the Municipal Building, Monday, October 3, 1955, at 2:00 o*cloch, p, m** the regular m~eting hour. with the President. Mr. Moody, presiding, PRESENT; Council members Davies, Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody ............. ABSENT: None ................. O, OFFICERS PRESENT: Mr, Arthur S. Owens, City Manager, Mr, Randolph G, Mhittle City Attorney, Mr, Barry H. Ystes, City Auditor, and Mr, J. Robert Thomas, City Clerk, The meeting was opened with a prayer by the Reverend A. S. Moorefield, Pastoz of the Second Mesleyan Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, Septembel 19; 1955, having been furnished each member of Council, upon motion of Mr. Davies, seconded by Mr, Hanes and adopted, the reading mas dispensed wlthand the minutes approved as recorded, HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been previously set for 2:00 o'clock, p. m., October 3,.195§, on the request of Physicians Clinic, Incorporated, et als, that their property on Crystal Spring Avenue, S. W., designated as Lots 5-lb, inclusive, Block 50, Cry~tal Spring Land Company. be rezoned from Special Residence District to Business District, and notice of said hearing having been published in The Roanoke World-News on September G, 1955, and the. City Planning Commission~having recommended the graqting of the request, the hearing mas held; Mr. W, A. Dickinson, Attorney for the petitioners, appeared before Council, Mr. Dickinson stating thatthe property in question is contiguous to areas already zooed.for business.and industrial purposes and is an ideal site for the erection of a medical office building because of its proximity to the Roanohe Memorial ilospital IRt which the tmenty-five or thirty doctors who would be located in the building Mr. Dickinson presented a preliminary architectural sketch of the buiIding [and stated:that the petitioners will preserve as many of the existing trees on the [ground as possible and erect an attractive building.with a paved parkingarea. Mr. ~Dickinson stating further that the buildingis.to be usedpredominately for pro- [fessional,.purposes with a portion.of the gronnd floor to be.used for a pharmacy, Mr. ~Dlckinson advising that the petitioners are also negotiating for abranch post,office Iand a branch bank ..... : ' [ ; .MF. Dicki .... furth dvised -that the :building will h ....... bj ectionable ]commercial establishments:and presented a letter from Physicians Clinic, Incorporated [stating that in the event the rezoning request is granted .and Physicians Clinic, [Incorporated, fails to consummate-its plans:forthe erection-of a professional [building.oaths;property and.abandons:its plans, it will request:Council to rezone [the property from Business.District.to'Special Residence District. [ : Appearing,in opposition tothe request, were Mr..J~, M;.Mllson, Jr.~ Mrs. kW. Irving Brinkley, Mr, W. S..McClanahan_and Mrs. S. B~ Rhodes; all of whom objected ion the basis that further expansion of business in the area mould be detrimental to Ltheir residential properties. 406 Mrs. Rhodes also presented · petition from nine other residents os Crlstal Spring Avenue end iosmlind Avenue, opposing the request of the petitioners, Mr. #ebber moved to concur in the recommendation or the City Plnnning commission and that the rollomlng Ordinance be plocednpon its first rendlng~ · (812500) AN:ORDINANCE to amend and reenact Article I, Sectioo 1, of Chapter SI of the Code of.the city of Ronoohe, Virginia, in relation to Zoning, NHERBAS, application has been made to the Council of the City of Boanohe to have three parcels or land located on and near RcClnnahnn Street, S, N** Roanoke. Virginia, being part of Lots 5. 6 and 7 and mil of Lots 0, 9, JO, Il, J2. 13, 14, 15 and 16, Bloch SO. according to the Rap of Crystal Spring Land Company, and designate~ ns Official Nos. 1040q06,.1040905 and 1040gO?. rezoned from Special Residence District to Business District. and NHEREAS, the City Planning Commission has recommended that the above parcels of land be rezoned from Special Residence District to Business District as requested, and NB£REAS, notice required by Article Xl. Section 43, of Chapter SI of the Cod~ of the City of Roanoke, Virginia, relating to Zoning, has been published in #The Roanoke Norld-News#, a newspaper published in the City of Roanoke, for the time required by said section, and NBER£AS, the hearing as provided for in said notice published in the said newspaper mas held on the 3rd day of October, 1955, at 2:00 oeclock, p. m,, before ithe Council of the CiaI of Roanoke in theCouncil Room in the Runicipal Dullding. at mhJch hearing evidence both for and against said rezoning was presented by property owners and other interested parties in the affected area, and NHER£AS, this Council, after considering the application for rezonlng, is of the opinion that the above parcels of land should he rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: Those three parcels of land located o· and near RcClanahan Street, S. ~., Roanoke, Virginia. being part of Lots S, 6 and ?, and all of Lots ~. 9, 10, 11, 12, 13. 14. 15 and 16. Block 50. according to the Map of Crystal Spring Land Company, and designated as Official Nos. 1040906, 1040905 and 1040907, be. and are.hereby changed from Special Residence District to Business District, and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett, Naldrop, Nebber. Young, and the President. Ry. Woody ............ ?. NAYS: None .................. O. LICENSE TAX CODE: A public hearing on the proposed revision of the License Tax Code of the CiaI of Boanohe havEn9 been set for 2:00 o'clock, p. m., October 3, 1955, the hearing was held. Ry. Tom Stockton Fox, Attorney for twelve members cf the Roanohe Tourist Court Association doing business within the City of Roanoke, appeared before Council and objected to a proposed tax of 50t per $100.00 of gross receipts for tourist courts and motels unde~ Section 77 of the proposed License Tax Code on the basis that they should pay a smalle~ license fee than merchants since the margin of profit is less; that such a tax weald beeper the competitive position of his clients ia relation to similar businesses Just outside the city'limits; that the national treed shows · higher, occupancy in tourist courts, but less profits for the'last three consecutive years, nnd that the imposition of the tax mould be discrimlnntor'y and unfair. Mr. J. Linwood Rice, Executive Director of the Virginia Motor Court Associa- tion, Richmond, Virginia, ·Isa appeared before Council and advised that if the tax imposed the tourist court operators mill bore to pay s·ld tax from already slim margins'or profit since the tax cannot be passed on to customers.by reason of the competitive nature of the business, #r.'Rlce voicing the opinion that gross receipts are'not · good index of the motor courtst'ability to pay taxes because of the · bnormnlly high operating costa of the business. #rs. #. A. lngram. President o! the Roanoke Tourist Court Assocl·tion. appeared and stated that the motor court operators mitbin the city limits are in already nmi·retable competitive position with the like busluesaes outside of the city because of the fact that they have operated their businesses over a considerabl* period.of tlme~ and. cons'equently, their buildings, etc., are approaching obsolescen?. ! whereas, moat of the courts Just across the city line have been recently constructed~l and their properties are in excellent shape, Hrs. Ingram concluding that most of operators within the city are able to keep going only because their courts are owner-operated and the owners put in. long au~arduous hours in conductiug their #r. £. O. Howard appeared-before Council in support of the statements made by Mr. Fox, Mr. Rice and Mrs. lugran. The City Clerk brought to the attention of Council a commnnicatiop from H. K. Hart Confectlons~ Incorporated. objecting to the licecse'tax of $2.00 per year for 9ne cen~ coin m~ch~nes vending ~ubble gum. under Section IO6~D (5). of the pro- posed License Ta~ C~de ~nd suggesting a tax of $1.00 per machine on the be?is Of minimum units of 100 machines. Zhe~CltyClerk al~o presented a ~ett~r from the National Husine~s College, objecting to the proposed tax of $25.00,' plus 1~ of gro~s receipts, on business and acad0mtc schools on the basis that the ma~gin of proft~ of such schools d~es not Justify.a 1~ of gross as ba~js for a license tax. Mr. Leonard G. Muse, Attorney for. Houck and Company, Incorporated, appeared in opposition to the tax of $50.00, plus ?St on ?ac~ $!00.00 of.gross receipts, proposed.as the license for advertising agencies under Section 33 of the proposed License Tax Code, Mr. Muse stating that his client feels advertising.agencies should pay no more license tax than is levied against retail.me~cha~ts; i. ~., SOt per $100.00 of gros'sreceipts. . · .~ Mr, C. B. Houch also appearedin oppo$1tlon to the proposed ta~, stating the1 he feels his.business does not contain the margin of profit as in the legal and imedlcal . professions, and, consequently, should not pay as great-a tax.(tax for professional servicesund~r Section.gg of th? proposedLicense Tax*Code i~ per annum, plus.$1,O0for.each $100.00 of gross receipts in excess of $4,000.00), Mr. Houck sta~i~g that he.feels 50{ per $~00.07 of gross wo~ld be asufficient tax for his business. Mr. #aldrop movedto take the matter unde~ consideration. ~he motion was secg~ed b~ Mr. Young and a~opted. 40? 4;O8 · ~SEIrFuSoKASEIEF~ITS-STBEETS AND ALLEYS: #r,B.· Roy;Bush, Attorney for Florence #. Joaes-ond'Rob*rt'#urre! Johnsou~ appeared'before Coencll'nnd Preheated O petition ndvising~thlt~hls-olieats'purchesed~O~$64 ceres'or lu~d~fTbwthe P,T.'TrOht Estate on Sheeaedoeh Avenue, N~ V;, and'began ~onst~u~tioa:of'& building thereon,' the foundation of which was coepleted at aa approximate cost or $15,000.00, that sub- sequent to'th& completion*~ the foundation they Were advised bythe Eagince¥lng Departmeht *hat the rouodatioa:~ncroeches upon a SO-foot street across'said property that upon investigation he found that the street Is shown on an'old map prepared for the prior owner, Mr.'P. Taylor Trout, which has never been recorded end which street has'not been dedicated or accepted~ that about a year ego the'city constructed a sewer line in the alleged street end graveled seme,'Xr. Rush Stating that his client: are willing to dedicate a 30-foot street across the said property or give the city a rightoof-way easement for the said sewer rather than suffer the delay.which Would be occasioned by court action tO clear up the question, and requested that Council act in the matter ut as early ~ date as possible, r- Hr. Yebber stated that this matter will require more consideration than can be given by Council at this meeting and moved to refer the question to Ressrs. Harry R. Yates and Randolph G. ~hittle'for study'and recommendation. The motion was seconded by Hr. Hanes ~nd adopted. · PETITIONS AND CORRUNICAYIONS: ZONING: A communication from Rr. Hugh T. GOsh. requesting that his property lying east of Hershberger Road. N. N.. adjoining Grandriew Avenue. containing 2&.08 acres, be rezoned from General Residence DistriCt to Business District, was before Council. Hr. Young moved to refer the request to the City Planning Commission for study and re'commendation. The motion was seconded by Mr. Davies and adopted. ZONING: A petition fro~ Hessrs. Paxton C. 3udge and J. H. Fralin. requesting that their property located on the. north Side of Rayne Street. N. E.. between · illiamson Road and Nilklns Street. being Lots 13-24. inciU'sive. Section A. Rap of Nilliamson Groves Corporation. be rezoned from General Residence District to Busines! District. was before Council. Mr. Banes moved to refer the request to the City Planning Commission for study and recommendation. The ~otion was seconded by Rt. Davies and ~dopted. CURB AND GUTTER-STREETS AND ALLEYS: A petition'fro~ residents of the 2200 block of Patrick Henry'Avenue~ N. E.o requesting C0un~ii to investigate the conditiol of their street and see if they are justified in asking that it be repaired, was before the body. The'City Manager advised'that the'street in question cannot'be adequately maintained until curb and gutter and paving have been constructed thereon because of water conditions and that the city is making every effort to maintain the street in its present condition until such'tine asthe'prOperty owners take action to have curb and gutter constructed. Rt. ~a~drop moved to refer the pc{etlon:to the City Manager with inst~Ucti that he.cbnta~t the petitioners~and advise ~hem of t~ese co~d~tions;and'hom they should go about obtaining Curb and gutter. -The motion~was seconded by Mrs. Pickett and adopted. CORPENSATION BOARD: A communication from the compensation Board of the Commonwealth. advising that it will hold a meeting-at 10~00 otcloch, a. m.. October 10. 1955o at the State Capitol. for the purpose of fixing the salary and expenses of the Attorney for the Commonwealth. the Co~mlsslooer of the Revenue, the Sergeant the Treasurer or the City of Ron~o~e for the year 1~6, was before Council, Hr. Webber moved to faatrant the City Clerh to acknowledge the cnmmaoicntfot nnd advise the Compensation Hoard that tine does not permit Council to mahe a study or the budget requests of the officers involved prior to the meeting of the Board end that Council intends to study such.budget requests on October 17, lqSS, end will Inform the Compensation Board of any action as soon after that date as.practicable, The motion was seconded by Hr. Hanes and adopted, REPORTS OF OFFICERS~ AIRPORT: Council at its meeting of August 1, 1955, having directed the City #anager to secure proposals for the operation of the restaurant at the Roanohe Wcn~cfpal Airport, the City Manager reported that he has received bids from Tho Cleaves Food Service Corporation, Hr, M. W. Habb, Hr. J. A. Steanett, Sr., Hrs, Julia R. See, Hrs. F. W. Jennings and Mrs. Roy Harris, ~nd Mr. Earl C. Seyphera, th the bid of Hr. Babb represents a greater return to the city than that or The Cleaves Food Service Corporation, which were the two best bids received, but that Hr. Habb does not bare experience in operation that The Cleaves Food Service Corporation enjoys. Hr. Allen W. Staples, Atturney for Mr. Habb, appeared before Council and stated that he feels Mr. Babb Is qualified to operate the restaurant and that his bid allows a greater return to the city, that in addition, Mr. Babb is a local citizen, whereas, The Cleaves Food Service Corporation is aa out-of-state organiza- tion, Mr. Staples concluding that it is his opinion the bid of Mr. Babb should be accepted. Mr. Young moved to refer the bids to a committee consisting of Messrs. Harry R. Yarns. Chairman, Roy L. Hebber, Randolph G. Whittle, LeiBh B. Hanes. Jr., and Herbert A. Davies for study and recommendation to Council at its next regular meeting, If possible, The motion was seconded by Mr. Waldrop and adopted, SPECIAL PERMITS-RUILDIHG CODE: The City Manager presented a communication from Smithey and Boynton. Architects and Engineers, requesting that the Nelson Hardware Company be granted permission to excavate approximately 25 feet beyond the property line of their land on Gregory Avenue, H. E., at Eleventh Street, for the purpose of constructing a retaining wall made necessary by excavation of the property adjacent to Gregory Avenue, said excavation to be properly replaced and tamped to provide for future paving of Gregory Avenue, the communication advising that the encroachment into the street will be for footings for the proposed wall which will be approximately ten to thirty feet below the present street level. Tie City Manager advised that the Director of Public Works recommends the 9ranting of the permission requested and that he concurs in the recommendation. Mr, Webber moved to direct the City Attorney to prepare a proper Resolution granting the request of Smithey and Hoyuton, The motion was seconded bY Mr. Young and adopted. EASEMENTS-SEWERS: The City Manager advised that Hr. C. F. Eefauver has offered an easement along and parallel to the east line of Lot 4, Section 40. West End and Riverview Map, for a sewer, without cost to the city. and that Mr, Eefanver mill sell the city a 10-foot strip through said lot for $200.00, the City Manager stating further that the constractioo of the sewer line across the said lot will provide a substantial savings to the city in the cost of constructing a sewer project to serve West Avenue and Westview Avenue, S. M.. and recommended that Council accept the sewer easement offered by Mr. Refauvero 409 410 Mr, Hanes moved to concur In the recommendation of the City Manager nnd offered'the tollomiag'emergen~ Ordla~k~z (#12509) AH ORDINANCE authdriztng the acceptance fromCJ F,'Eeraurer or a lO-root wide e~sement throsgh Lot 4, S~otion 4O, #Sst End and Riverview iup, (For rulttext of Ordinance, see Ordinance HooR No, 21, Page 49,) Mr. Hanes moved the ndoptidn of the Ordinn~ce, The motion was seconded by Hr, Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Mebber, Ysung,'and the Preside Mr. Moody .................... 60 NAYS: Hr. Maldrop ..... 1. PURCHASE OF PROPERTY-STREETS AND ALLEYS~ The City Maniger r&ported that prior to the institution of condemnation proceedings for the acquisition of p~operty from Roy R* Pollurd.'$r~,'aad Virginia R. Pollard at the intersectisn of H~andon Avecle and'Shermood AvenSe,'S.'M., as directed'by Ordinance No. 123H4, adopted by Council on tb~ l~th d~y of May, l~55,'the'Attorney ro~'Hr. ~oliard basoffe~ed to sell the required property to the City of Roanoke rot a price or $1,1OO.O0, which he believes to be a fair and equitable value, and recommended that Council accept the offer and acquire the said property. Mr. Danes moved to concur in the recommendation of the City Manager offered the following emergency Ordinance: (m12510) AN ORDINANCE authorizing the acquisition o~ certain property to be used for street purposes rot widening the intersection of Hrnndon and Sherwood Avenues; and providing for an emergency. (For full'text or Ordinance, see Ordinance Hook So. 21, Page 50.) RF. Hanes moved the adoption or the Ordinance. The motion Was secSnded by Mrs. ~ickett and adopted by the follomin~ vote: ' '' ~ AYES:'Council members Divies, Hanes, Plcketi, Haldrop, Nebber, YounS, and the President, Mr. ~5ody ............... ?, NAYS: NOne ..... ~ ...... 2 ........ O. The City Manager then reported that H~s. Eddie M. Brinton bas offered to sell the city Lot 20, Section 2. Map of Mendorland, located on the northeast corner of Dillcrest Avenue and Liberty Road, N. M.. for a price of $1,200.00, and recommend that Conncil authorize the ~nr~hase of the said lot for the future widening of Liberty Road. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (n12511) AN ORDINANCE authorizing the acquisition of certain property for the f~tnre widening of Liberty Road, N. S., and providing for an emergency. (For full text of Ordinance, see Ordinance Hook NO. 21, Page Hrs. Pickett moved the adoption of the Ordinance. Thc motion mas seconded by Mr. Hanes and adopted by the following vote: 'AYES: Council members Davies. Hines, Pickett, Maldropo Nebber, Young, and the President, Mr. Moody ........... NAYS: None~--~--~ .......... O. : Mlth further reference to the purchase of the above parcels of land, the City Haunter advised that it alii be necessary to appropriate $2,300.00 to pay for the two pieces of property. .#~. Young offered the following emergency Ordinance nppropriatiog the $2,300.00: (#12512) AN OIDINANCE to amend and reordu~n Section ~140, "Street Constroc- tie,", of the 1955 Appropriation ordinance, nnd providing ;or On emergency. (For full text or Ordinance, cee Ordinance Book No, 2i. Page 52.) Hr, Young moved ,he. adoption of the Ordinance, The motion mas seconded by Hr. Danes nad adopted by the following vote: AYES: council members Davies. Hanes, Pickett, Jaldrop, Webber, Young. and the President, Hr. Woody ........... ?. NAYS: None ......... ~ ....... O. BUDGET-WATER DEPARTMENT: The City Manager reported that the Water Department appropriation for normal extensions in the 1955 budget is Insufficient to neet capital additions for the year and alii require au additlonnl $40,O00.O0; also, that because of~the Increase in customers of the Water Department It mill be necessary purchase two n~.pickup trucks at a cost of $3,500,00, and recommended that an appropriation of $43,500.00 be made to Capital Outlays from Revenue in the 1955 Rater Department Budget. Mr. Webber moved to concur in the recommendation of t~e City Manager and offered the.following emergency Ordinance: (~12513) AN ORDINANCE.to amend and reordain 'Non-Operating Expense' of an Ordinance adopted by the Council of the City of Roanohe, Virginia, on the lOth day of January, 1955, No. 12301, entitled, 'Au Ordinance making appropriations from the Water General Fund and the Water Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1955, ~nd ending December 31, !955; fixing the rate of pay of employees of the Water Department; and declaring the existence of emergency,, and providing for an emergency. (For full text of Ordinance, see Ordinance Book N9. 21, Page 52.) Mr. Webber moved the adoption of the Ordinance. The motion was s~conded by Mr. #aldrop and adopted by the following vote: · AYES: ~uncil members Davies, Danes..Pichett, Waldrop, Webber, Young, and the President, Mr. Wood~ ............ ? ......... NAYS~ None ....... ~---~ ....... O. CLAIMS-GRADE CROSSINGS~ The City Manager reported that In the contract for the purchase of property from the CastrosEstate in connection with the Jefferson. 'Street Grade Crossing Elimination.Viaduct and.Project it pTovided for reservation to the owners of certain items in the building, b~t that when the ~ontract mas let razing of the building to the Cleveland Wrecking Company reservatio~of these ttens was overlooked, and recommended that Council nuthprize payment*of $1SO.O0 to the Heirs of the Castros Estate in lieu of the said.items. Mr% Webber moved to concur in,he recommendation of the City Manager and offered the following.Resolution:. * (u12514) A RESOLUTION authorizing payment Ofr$1~O.O0 to the Heirs .of Thomas N. and Stella C. Castros, deceased, in ful~ settlement of a claim against the City; and providing for an.emergency. . (For f~.!.l text of Resolution, ~ee Ordinance Book No. 21; Page 53~) Wv, Webbe~ moved the adoption.of.the Resolution. The motion mas seconded by Mr. Davies and adopted by the following vote: .AYES:~Coancil~menbera Davies, Danes, Pickett-. Jaidrop; Webber, Young, and the President, Hr. Woody ......... ?. : '' ..... #AYS~.None ............... O. ~ D0h~S-SCH00LS: Nv. Young moved.to, take up out-of,order,a Resolution provid- ing for the,advancement of funds totbe Roanoke City School-Doard for the. ocqulsitiG of sites aid the.payment or. preliminary architectural-fees as loans against future bond issues, mhich has been prepared in Compliance mith a'directive of Council at' ltsneeting of September 26. 19SS. The motion was seconded by Dr. eebbbr nnd adopted. '' ' Mr. Young then offered the folloming Resolution: (ul2SIS) A RESOLUTION approving generally thb request of the Roanoke City School Doard for funds to acquire sites and to pay for preliminary architectural studies, as:required for the expansion of the City*s public school system, Phase as proposed by the School Doard; and assuring the School Doard of Councllts intent to make necessary appropriations as loans, against the proposed school bond issue, as Individual items of expense nra presented to Council and'requests for such individual appropriations are ~roperly made; the total amountof such appropriations not to exceed $300.000.00, (For full text of Resolution, see Ordinance Book No. 21. Page 54.) Mr. Young moved the adoption of theResolution. The motion was seconded by. Mr. Hanes andadopted by the following vote: AYES: Council members Davies. Hanes, Pickett, Waldrop. Webber. Young, and the President, Mr. Woody ........... 7. NAYS: None ................. O. - DUDGET-CITY TREASURER: The City Manager reported that it will be necessary purchase additional cigarette stamps prior to the end of the year and recommended an appropriflioo of $2,000.00 for that purpose. · ar. Hanes moved to concur In the recommendation of theCity Manager and offered the following emergency Ordinance: (n12516) AH ORDINANCE to amend and reordain Section aa, #Treasurer#, of the 19S5 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Hook NO. 21, Page SSi) Mr. Hanes moved the adoption of the Ordinance; The motion was seconded by Hr. Davies and adopted by the following vote: AYES: Council members Davies. Banes.~ Pickett. Waldrop. Webber, Young, and the President, Mr. Woody ......... 7. NAYS: None--~ ............ O. -BUDGET-SMOKE CONTROL: The City Manager reported that the appropriation for supplies in the Air Pollut$on Control account of the 1955 budget is insufficient to neet the requirements of the year and recommended a transfer of $50;00 from stationery and office supplies to supplies in the skid account. Mr. Young moved to-concur in the recommendation of the City Manager and offered the following emergency Ordinance: (u12517) AN ORDINANCE to amend and reordain Section n65, =Air Pollution Control', of the 1955 Appropriation Ordinance, andproviding for an emergency. (For full text of Ordinance, see Ordinance Book No. 21. Page 55.)' Mr. Youn9 moved the adoption:of'the Ordinance.- The-notion was seconded by Mr. Davies and adopted by the following vote: AYgSuCouzcil members ~vies, Hanes, Pickett, Hold'up, Webber, Young, tad tho President, Hr, H~od7 ........... T. NAYS: None ................. O. At ?is point! ~oyor Woody w·s excused ·nd retired from the meeting and Vice Uoyor Hones took the Choir. STORM DRAINS: The City Manager presented · tabulation of bids received b7 the Purchasing Agent on September 28, 19SS. rot the cons~ruction of a 24-inch storm drain from Kellogg Avenue. H. M., to Lick Run, shomiug bids received from #. S. Hudgins, in the amount of $6.20?.50; Glmbert and Glmbert. Incorporated, in the amount of $6.641.75; and Aaron J. Conner, in the amount of $6,H~1.35. and recommende~ the amarding of the contract to M. S. H·dgins in the amount of $6o2o?.so. offered the foll?~Jug Resolution: . (z1251H) A RESOLUTION accepting the proposal of U. S. Hudgins, Roanoke, Virginia, for the construction of a 24-inch storm drain lrom £ellogg Avenue, N. to'Lick Run, in the total sum of $6.20T.50; ·uthorizing and directing the City~ Manager to execute the requisite contract; add providing for an emergency. (For full text of Resolution, see Ordinance Hook No. 21, Page 56.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adoptedby the following ~ote: AYES: Council members Davies. Pickett, Waldrop, Webber. Young, and the Vice President. Mr. Hanes .............. 6. NAYS: None ................ O. (The President. Mr. RUDdy, absent) REPORTS: The City Manager submitted the report of the Department of Public Welfar~ for the month of August. 1955. in compll·nce with Sections 63-67.1 and 63-6T.2, Code of Virginia, and advised that other departmental reports are on file in his office. The report w·s ordered filed. REPORTS OF COMMITTEES: SALE OF PROPERTY: The Real Estate Committee composed of Messrs. Arthur S. Owens, Chairman. Randolph G. Rhittle and Harry R. Yarns reported that it has receive~ mn offer from Mr. Elbert H. Waldron in the amoont of $2,500.00 for Lots 6, 7 and BIDER 39, Rest End and Riverview Map, and recommended the sale of the lots to Mr. Haldron at tha~ price~ Mr. Raldrop moved to refer the matter back to the committee for farther consideration. The motion was seconded by Mr. Webber and ·dopted. HATER DEPARTMENT: A committee composed of Messrso Roy L. Webber, Chairman, Arthur S. Omens. H. A. Davies, R. P. Hunter and G. H. Rustm, appointed by Council at its meeting of March 28, 195§, submitted its report and recommendations on tho timberlands of the. Fa~ling Creek and Beaver Dam Watersheds, recommending the .following: 1. That the twelve recommendations as set forth in the August 2~ 1953. Report of the Virginia Forest Service be adopted. 2.'That the cost or proflt~ resulting from the timber opbration:be borne always been an assetof the Hater Department. 3. That the City. Manager be, authorized to enter into a contract:with the Virginia Forest Service for the marking and estimating of the timber ~ as outlined in the Virginia Forest Service Report of March 4; 1955; and that the City Manager also be authorized to proceed with advertisement of bids after proper marking and estimating of the timber has been completed. 413 414 4. The Cosnittee further ml~hes to advise Council that the services of Mr. flerbert F. Hushe, LuBber'Agent for'the Norfolk ·nd Nester· Suilmsy. have been made ar·ilablm to the Committee or City Con·Clio 5. The Committee suggests that · resolution of thcnks be s~ut ~he Virgi~· Forest Service for their valuable assist·ace ·ad advice in regard to the timberlands. Mr. W·ldrop moved to concur in tie recommendations or the committee and that the following Ordinance be placed upon its ffrs~ reading: (s12519} AH ORDINANCE approving the report and recommendations of the uYinber Lsnds Commlttee'~ authorizing the City Manager to enter into ·n agreement wi the V~rgialu Forest Service for marking and estimating ~he'timber. it proposes to recommend to be sold. as set forth'in its report of'March 4th. 19SS; and. further. authorizing the Cl~y Manager. after the proper marking and estimating of the tiuber recommended'to'be sold has been completed, to a~ve~tise for bids for the purchase HE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the mri~te~ report and recommendations of the 'Tluber Lands Committee". heretofore appointed by this Council. bearing date September 27~ 19SS, and this day submitted to this body. be. and'said report ned recommendations are hereby, approved; 2. ~hat the City'Manager be. and he is hereby, authorized and directed, for and on behalf of the City, to'enter into an agreement with the Virginia F~rest Service for marking and estimating the ~ltyts timber, on the Beaver Dam and Falll~g Creek Water Sheds, that said Forest Service proposes to recommend to be:sold; said agreement to be in the form submitted bl said Forest Service and made ~ part of its report of March 4th, 1955, ~n file in the Office'of the City Clerk; 3. That upon completion of the mar~ing and estimating of the'timber by the Virginia Forest Service, pursuant to the agreement authorized in paragraph 2, supra, that the CitI Manager be, and he is hereby, authorized and directed to advertise for bids for the purchase of such standing timber as is so marked for ~utting and sale; setting forth in said advertisement, afte~ consultation with said Forest Service, among other pertinent matters, the detailed l;gging methods to be required of ~he successful bidder or bidders to fully protect the wa~er sheds and unsold timber. ~he motion was s~conded by Mr. Davies and adopted'by the foilowJng vote: AYES: Council members Davies, Pickett, Waldrop, Nebber, Young, and the Vice President, Mr. Hanes ............... 6. NAYS: None ............ O. (The President, Mr..~oody, absent) Rrs. Pickett then offered the following Resolution: (e12~20) A R~SOLUTI~N expressing the appreciation o~ this body to the Virginia Forest Service for surveying the Cityts'ti~ber resourCes'on the Beaver Dam and Falllog Creek water sheds. (For full text of Resolutlon, see Ordinance Boob ~o. 21, Page Mrs. Pickett moved the adoption of the Resolution. The motion was:seconded bi Mr. ~aldrop and adopted bythe folloming vote: AYES: Council members Bavles,'Plchett', Waldrop, ~ebber, Young, and.the Vice President, Mr. Danes ......... NAYS:None ............ O. (The President, Mr. Noody, absent) ;'In'thisconneetion, the City Manager advised that the Manager of the Water Department has requested au appropriation of-$?,12S.OOto pay forthe cost of estimating and marking the timber on the watersheds and recommended that the appropriation be made. . .~? Daniel ~ored ho concur lo the recommendation or the city Hanager and orfereh the following emergency O'rdin~nce~ .(ul252!) AN ORDINANCE to amend Bud reordaln "Non-Operating Expense' of an Ordinance. ad,pied by, the Council of the City of ~oan~ke, Vlrginla,.on the 10th day of J~nucry, lESS, No. 12301. entitled, JAn Ordinance ms,lng appropriations f~om the ~uter General Fund ~nd. the ~eter~Replacement~Reserre Fund.for the Glty of Roanoke for the fiscal year.beginning January 1, 1955, and ending December 31. 1955; f~xiag ithe rnte of pay of. emploxees o! the ¥oter Departments. and declaring the existence of on emergeecy,, and providing rot aa emergency. (FOr full text of Ordinance, see Ordlaunce.EookNo..21. Page~S?.) Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Hr. Young and adopted by the following vote: AYES: Council members Davies. Pickett, Waldrop,.Webber, Young, and the Vice President, Er. Banes ........ NAYS: None ............... O. (The President. Hr. Needy. absent) UNFINISHED BUSINESS: NONE, CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: . ZONING: Ordinance Ho. 12495, rezoning p~operty located on the west side of Franklin Road. So N., between Highland Avenue and Washington Avenue. from Special Residence District to Business District. having previously been before Council for its first rea~ing, read and laid over, was again before the body,.Mr. Davies offering the folloming for its second reading and final adoption: (~12495) AN ORDINANCE to amend and reenact Article I. Section 1. of Chapter 51, of the Code of the City of Roanoke, Virginia, ia relation to,Zoning, (For full text of Ordinance, see Ordinance Book No. 21, Page 3g.) Hr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr, Waldrop and adopted bythe following vote: AYES: Council members Davies, Pickett, Waldrop, Webber, Young, and the Vice President, Mr. Banes ............ ~AYS: ~oae ................... O. (The President, ~r. Woody, absent) ZONING: Ordinance No, 12502, rezoning certain property located ou the south side of Cove Road, N.W., west of Lafayette Ooulevard, from~General.Residence [District ' ' tO Business District, having ~reviously been before Council for its first reading, read and laid over, ~as again before the body, Mr. Webber.offering the following for its second reading and final adoption: .. (u12502) AN ORDINANCE to amend and reenact Article I. Section 1! of Chapter 51 of the Code of the,Cityof Roanoke, Virginia, in relation.to Zoning. - . .(For full text of Ordinance, see.Ordinance Boak No. 21, Page 40.) Mr. Webber moved the adoption of the Ordinance. The.motion.was secosded by Mr. Young and adopted by the foll.oming vote: · AYES: Council members ~avies, Waldrop, Webber, Young, and the Vice President NAYS: Ers, Pickett ..... 1. (The President, Mr, Mo~dy, absent) SMOKE.CONTROL: Ordinance No. 12504, amending and reordaining,The Air Poilu- tion Cuntrol Ordinance of t~e City of Roanoke, 1949, by the enactment,of ~.new Ordinance to be known, designated an~ cited as *The Air Pollution Control Ordi~ance of the City of Roanoke, lESS*, having previously been before Council for its first 415 416 (~12504)-AN ORDINANCE th emend end reordaia Ordinance No, 9152, elapsed the Council of the City of Roanoke on the ~lkh da7 of~ogust,'1947o as the same mas thereafter, amended by Ordinance NO, g513 adopted'by the said CounCil on the 21st day of June. lg46,'by Ordinance, No, 10024 adopted by said Council on the 13th of June, 1949.' sad by Ordinance No, 12292 ~opted~ by said Councll on the 3rd day'of January; 1955,-entitled #The Air Pollution Control Ordinance of the City of Roanoke 1949e,'by the enactment of a nam ordinance to be knomn, designated and cited es 'Tbs Air Pollution Control Ordihsnce of the City of Roanoke, 1955','regulating the emission of smoke and other products of combustion, regulating the construction. lnstallatiou~ slteratim,'reconstruction or repair or'certain boilers, furnuceso heaters and other related or Similar combustion'equipment; providing for the approval of applications for permits; providing penalties for the violation of thh provisions of this ordina~ce;'and ~rovidJng for au Air Pollution c0ntroi Advisory and Appeal Hoard. (For full text 'of Ordinance, see Ordinanch Book No. 21. Page 41;) HFS. Pickett moved the adoption of the Ordlnance~ The motion mas seconded by Hr. Maid,ap and adopted by the following vote: AYES: C~uncil members Davies, Pickett. Maldrop; Mebber, Young. and the Vice President. Hr. Hanes .......... HAYS: None ................. O. (The President, Hr. Moody~ absent) SHOKE COHTROL-HHILDIHG CODE: Ordinance Ho. 12505. amending and reordaining Section 1100. Installation Standards. of Article XI. Relating to Beat Producing Appliances. Beating. Ventilating. Air Conditioning. Blower and Exhaust Systems. of The Official Building Code of the City of Roanoke. having previously been before Council for its firstreading, read and laid over. was again before the body. Mr. Young offering the following for its second reading and final adoption: (n12505) AH ORDINANCE'amending and reordaining S~ction 1100. Inst~llation Standards. of Article XI. Relating to ~eat Producing Appliances. Heating. Yentilatlt Air Conditioning. Blower and Ex,Gust Systems of The Official Building Cbde of the City of Roanoke as heretofore amended; and repealing Ordinance Ho.'12293 heretofore adopted on the 3rd day of January. 1955. (For full text of Ordinance. see OrdinanCe Book'Ho. 21. Page 47.) Hr. Young moved the adoption of the Ordinance. The'nOtion mas seconded by Hr. Maldrop and adopted by the following vote: AYES: Council membersDavies. Pickett. Maldrop. ~ebher. Young. and the Vice President. Hr. Hanes ....... NAYS: None ................ O. (~he President. Mr. Hoody. absent) ELECTRXCAL CODE: Council at its meeting of September R~. lg55. having directed the'preparation of a Resolution creating a'committee to study the Electrica Code and recommend reviaions thereto. Mr. Maldrop offered the folloming: ' (a12522) A RESOLUTION creating a~ Electrical Code Committee to study the ' Electrical Code of the City Of Roanoke and recommend such revisions as may be necessary to modernize and conform it with existing ordinadces of the City; and roviding for an emergency. (For ~11 text of Resolution. see Ordinaoce Book No. 21. Page Mr. ~aldrop moved the adoption of the Resolution. The motion mas seconded ,y Mr. Davies and adopted by the following vote: AYES: Council members Davies, Pickett, Woldrnp, Webber, Yoong, end the Pice President, Hr, Bones .......... 6. NAYS: None ............ 0, (The President, Hr, Woody, absent) DEFARYHEST OF PDDLIC WELFARE: Council ut its meeting or September 26. 1955, booing directed the preparation of on amendment to Ordinance No, 12285, providing for the extension or the provisions contained therein through the calender leer 1955, Hr, Webber orfere~ the following o$ on emergency measure: (n12523) AN O~INANCE extending the provisions of Ordinance No. ]2285. adopted by the Council or the City of Roanohe on the 20th day of December. 1954~ and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 21, Page SO.) Br. Mebber moved the adoption of the Ordluance. The motion was seconded by Nfs. Pichett and adopted by the following vote: AYES: Council members Davies, Plchott, Waldrop. Webber, Young. end the YJce President, Mr. Banes ........... 6. NAYS: None .................. OD (The President, Rt. Woody. absent) NOTIONS AND BISCELLANEOUS BUSINESS: BUILDING CODE: Ybe term of Nv. Carlos D. Shank as a member of the Board of Appeal, Huilding Code, having expired September ~0, 1955, the Chair called for nominations to fill the vacancy. NF. Young stated that Mr. Shank is moving from the city and mill not be available to serve on the Board and placed in nomination the name of Ur. London E. Smith. Ur. Nebber moved that the nominations be closed. The notion was seconded by Ur. Waldrop and adopted. Ur. London E, Smith mas elected as a member of the HoaFd of Appeal, Build~ Cede,'ror a term of five years endlng September 30. 1960. by the following vote: AYES: Council members Davies, Pickett. Waldrop. Mebber, Young, and the Vice President, Mr. Hanes .......... 6. NAYS: None ............ O. (The President. Ur. NoDdy. absent) There being no further business. Council adjourned. APPROVED 418 COUNCIL, REGULAR MEETING, Monday, October 10, 1955. .The. C~uncil of the City of Roanoke met in regular meeting in the Coauoll Cbsmber in the Municipal Building, Monday, October 10, 1955, at 2:00 **cloth, ~. m** the regular meeting hour, with the President, Mr. Woody, presiding, PR£S~NT: Council members Davies, Hanes, Pickett, Waldrop, Robber, and the President, Mr. Moody ......... ABS£~T: Mr. Young ............ ...... I. OFFICERS PRESENT: Mr. Randolph C. Mhittle, City Attorney, Mr. Harry R. Yates, City Auditor and Acting City Manager, and Mr, 2. Robert Thomas, City Clerk. The meeting mas opened with a prayer by the Reverend J. E. Stockman, Pastor of St. Mar~"s Lutheran Church. MINUTES: Copy of the minutes, of the regular meeting held on Monday, September 26, lgSS, having been furnished each member of Council, upon motion of Mr. Haees, seconded by Mr. Darien and adopted, the reading was ~lspensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ~ORLD WAR II: A communication from the Virginia World Mar II Memorial Commission, asking that Council consider the appropriation of funds for f~rnishing trees or shrubs to be planted at the Memorial to be constructed in Richmond, having been previously received by Council and referred to the veterans o~ganizations in the city, Mr. G. Eric Sachets, representing Roanoke Post #3, American Legion, appeared before the body, advising that the veterans organizations in the state are furnishing chairs for the Memorial and that they. feel the city should take ~dvantage of the opportunity to. furnish trees or shrubs for the Memorial as a matter of civic pride. Mrs. Pickett moved to defer action in the matter until the 1~56 budget study is*ssi*ns. The motion was seconded by Mr. Hanes and adopted. PARKS AND PLAYUROUNDS: HFS. Claude Weaver, representing the Garden Ci:ty ;ivic League, appeared before Council and renewed the reqnest of the League that ;ouncil consider the purchase of the Harts*ok Estate, or a portion thereof, for !~se as a park for the Garden City area. Mr. ~ebber pointed out that the City Manager has previously reported that he las been unable to obtain a price on the Harts*ok Estate and has also advised that ~ 4,72 acre tract of land o~ned by the Cyphers Family is available for park ~urposes and moved to request the City Planning Commission to advise Council how ~any acres the Planning Commissioe considers should be acquired from the Harts*ok ~state for park purposes and the location thereof and to study the 4.72 acre tract owned by the Cyphers Family and submit its recommendation thereon; also, direct the City Manager to obtain a price on the Cyphers property and submit his report and recommendations to Council. The motion mas seconded by Mr. Maldrop ~nd adopted, 419 FIR~ FREPENTION-FIRE DEPARTMENT: Mr. Thnmes D. getherfonrd, Chnlrmsa of a Sub-committee of the Chamber of Commerce Fire Prevention Coamittee, appeared before Conncil nad submitted a request of his sub*committee that the city employ a full-time officer in the Fire Deportment rot the purpose of heading up a Fire Prevention flurenu in the department to direct and coordinate the inspection or properties in the city, RFc Rutherfoord advising that such nctlon would reduce the deficiency points against the city ns established by the Hatlonal Board of Fire Dndermriters, Hr. Maldrop moved to refer the matter to the City Manager for his study nnd recommendation. The RoSins was seconded by Mr. ~ebber and adopted. PETITIONS AND COMRUNICATIONS: REFDND$ AND REBATES-SEWAGE DISPOSAL: A communication from Mr. John H. Thornton, Jr., Attorney for the Canada Dry Bottling Morhso requesting that Council authorize a refund of $424.65 on sewage treatment charges collected from the Canada Dry ~ottling ~orks at its plant located at 2332 Franklin Road, S. M., by of the fact that thc greater portion of their water dramn from the city's wains fs discharged Into the storm drain rather than the sanitary sewer, the refund requested covering a period extending from July, 1952, to February, 19540 at which time an extra meter was installed and the sewage charge was reduced from forty per cent to two per cent, was before the body. Hr. Hanes moved to refer the commonication to the City Attorney for an opinion as to the legality of such a refund. The motion was seconded by Mr. #aldrop and adopted. BONDS-ACADEMy OF MUSIC-SCHOOLS: The City Clerk presented a communication frow the Hmff Lane Parent-Teacher Association, opposing the issuance of bonds for a civic auditorium and stating that the Association feels the school building .rogrom merits first consideration at this time. The communication was ordered filed. POLICE DEPARTMENT: A communication from the Department of Welfare and nstJtntions, transmitting a report on an inspection of the polic lochup made by that department on September 14, 1955, was before Council. The communication was ordered filed. CITy JAIL: A communication from the Department of ~elfare and Institutions, transmitting a report on an inspection of the City Jail made by that department September 14, 1955, was before Council. The communication was ordered filed. STREET LIGHTS: A communication from the Appalachian Electric Power Company, transmitting a report covering the installation of twenty-four ~000 lumen street lights and two 2500 lumen street lights in the city during the month of September, 1955, was before Council. The communication was ordered filed. ZONING: The City Clerk presented o petition from property owners, requesting that their property lying on the south side of Melrose Avenue, N. W** between Twenty-third Street and Salem Turnpihe. be rezoned from Special Residence District Business District. '420 Mr. Hanes moved to refer the petition to the City Planning Commission for study and recommendation, ~he motion mas seconded by Mr. Davies amd adopted, ZONINO-SETBACK LINES; A commaslcatlon from Hr. Milllam B. Hopkins, Attorney rot Rrs, E. J, 'Thomas, requesting permission to'extend a new addition to the building located on her property on the north side of Orange Avenue, N. E., east of Tinker Creek, over a lO-foot setback line established on the north side of Orange Avenue, and agreeing to remove that part of the proposed addition extending over the setback line, at no expense to the city, at such time us Council decides to widen the highway, mas before the body. Br. Nebber moved to refer the request to the City Attorney for preparation of a proper Resolution, authorizing the permission requested by the petitioner. The motion was seconded by Hr. Banes and adopted. STREETS AND ALLEYS: The City Clerh presented a petition from the Roanoke Valley Realty Corporation, requesting that Billow Lane and Panorama Avenue, N. H., between Fairview Road and West Side Boulevard, be vacated, discontinued and closed. Br. Vebber moved to refer the petition to the City Planning Commission for study and recommendation. The motion was seconded by Br. Davies and adopted. Br. Hanes then offered the follouing Resolution providing for the appoint~ n of viewers: (~12524) A RESOLUTION providing for the appointment of five freeholders. any three of whom may act, as viewers in connection with the application or petit ~ n of Roanoke Valley Realty Corporation to vagate Willow Lane and also Panorama Avenue, which streets have never been opened to the public mod which streets, on the map, run from the west side of Meat Side Boulevard (formerly Oak Grove Road) to the east side of Fatrview Road, in the subdivision known as Panorama Heights, as rovided by Section 15-766 of the 1950 Code of Virginia, as amended, (For full text of Resolution, see Ordinance Book No. 21, Page 61.) Rt. Hanes moved the adoption of the Resolution. The motion was seconded by r. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Nebber, and the President, ~r. Noody .................. 5. NAYS: None ......... O. (Br. Waldrop not voting) (Mr. Young absent) CELEBRATIONS-CITY GOVERNRENT: The City Clerk presented a communication rrm ~he Seventy=fifth Anniversary Committee, requesting that Council authorize the said committee to form a non-profit corporation for the promotion and management of The Roanoke Diamond Jubilee to be cooducted in 1957. Br. Webber moved to direct the City Attorney to prepare o proper Resolution. authorizing the committee to form a non-profit corporation as requested and providing for the addition to The Seventy-fifth Anniversary Steering Committee of the names of Mr. C. Francis Cocke and Mr. B. H. Smith. The motion was seconded by Br. Hanes and adopted. REPORTS OF OFFICERS: BUDGET-MILITARY COMPANIES= The Acting City Manager recommended an appropria- tion of $225.00 to the Militia account in the 1955 budget for the purpose of paying rent on the National Guard quarters on Jefferson Street for the month of 3ctober, 1955. 421 Mr, Yaldrop moved to concur is the recommendation and offered the following emergency Ordinance: (u12525) AN ORDINANCE to amend and reordaln Section u68, *Militia** of the t955 Appropriation Ordinance, end providing for on emergency, (For full text of Ordinance, see Ordinance Hook NO. 21. Page 62.) Mr. Noldrop moved the adoption of the Ordinance, The motion mas seconded by Mr, Davies amd adopted by the following vote: AYES: Council members Davies, Danes, Pickett, Moldrop. Mebber, and the ?resident, Mr, Moody .................... 6. SAYS: Done ...................... O. (Mr, Young absent) DUDGET-JUVENILE DETENTION DOME: The Acting City Manager recommended an appropriation or $250.00 to the Juvenile Detention Home account la the 1955 budget to meet requirements for wages /or the remainder of the fiscal yaar. Hr, Mebber moved to concur in the recommendation and offered the following emergency Ordinance: (~12526) AN ORDINANCE to amend and reordaln Section ~$1, *Juvm lie Detention ~ome*, of the 1955 Appropriation Ordinance, and providing for an emergency. MDEREAS, for the immediate preservation of the public safety, an emergency is declared to exist;. THEREFORE. BE IT ORDAINED by the Council of the City of Roanote that Section =31, 'Juvenile Detention Dome'. of the 1955 Appropriatioa Ordinance, be, and the same is hereby amended and reordained to read as follows, in part: JUVENILE DETEDTION DOME #31 Wages ................................................. $1.1OO. OO BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be In effect from its passage. . Mr. Dubber moved the adoption of the Ordinance. The motion mas seconded by dr. Danes and adopted by the following vote: AYES~ Council members Darien, Hanes, Pickett; ~aldrop, Webber,'andthe ?resident, Mr. Woody ....................... 6. NAYS: None ......................... O. (Mr. Young absent) ~ -SOLICIYATlONS:.AccmmunJcation from The Inter-Organization Council of ~oanoke City and Couutyi requestingtbat City Council adopt an Ordinance regulating public solicitations in the city, having been referred by Council at its meeting of September 26, 19SS, to theCity Attorney for his~study and report, the.City ~ttcrney reported that the cities of Newport News~ Richmond and Portsmouthhave such Ordinances and that in his opinion a careful~ drafted Ordinance, regulating sach activities in a uniform and reasonable manner, would be valid, that Council ~ust determine whether, in its Judgment, the local need for such regulations outweighs the burdens that would be necessarily imposed on the designated-approving agency and the.applicants for approval of solicitations, the City Attoraey suggesting that it might be well to,consider the:adoptioo~of a simple,local penal )rdinance, prohibiting any misstatement~ deception or'fraud in connection mith the solicitation of any contribution for anypuvpose in'the'City of Roanoke. 4-22 Mr. Hnnes moved to refer the communication from The Inter*Organization Council and the report from the City Attorney to t committee consisting of Ressrs. Herbert A, Davies, Chairman, John B. Weldrop, Roy L. Webber, Randolph G. Rhittle mud English Shomalter for study end recommendation. The motion nas seconded by Mrs. Pickett and adopted. REPORTS OF COMMITTEES: AIRPORT: Conscil at its meeting of October 3, lgSS, having received from the City Manager n tabulation of bids received by the Purchasing Agent for operation of the restaurant at the Roanoke Municipal Airport, and having referred the bids to a committee consisting of Messrs. Harry R. Yates, Chairman, Roy L. Webber, Randolph G. Whittle, Leigh H. Hanes, Jr** and Herbert A. Davies for study and .ecommendation, the committee reported that itis unanimously of the opinion, all ;hiogs considered, that the proposal of The Cleaves Food Service Corporation of Silver Springs, Maryland, is the best bid received for the operation of the restaurant, but that the committee is reluctant to make o positive recommendation that the proposal of the said corporation be accepted at this time, the committee further recommending that Council direct the City Manager to confer with a duly authorized agent of the said corporation, and with the aid of the City Attorney, reduce the proposal to n formal contract which said corporation is agreeable to executing and which the City Manager will recommend to be executed for and on behalf of the city, said contract to be presented to Council for further considera- tion. Mr. Allen M. Staples, &ttorney for Mr. M. W. Habb, one of the bidders. questioned the statement that-the bid of The Cleaves Food Service Corporation is the best bid in the interest of the city since the bid submitted by Mr. Babb lollers a greater retorn on the business done at the restaurant, to which the committee chairman replied that the committee has had to consider things other than monetary return and called attention to the fact that the mport states that *all things considered# the bid of The Cleaves Food Service Corporation is the best bid. Mr. Staples then stated that he hopes Council mill consider the bid of Mr. Babb favorably on the basis of his being a local citizen, whereas, The Cleaves Food Service Corporation is outside of the state. Mrs. Pickett moved to concur in the report of the committee. The motion mas seconded by Mr. Webber and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Webber, and the President, Mr. Woody .................. 5. HAYS: Mr. Waldrop ...... 1. (Mr. Young absent) UNFINISHED BUSINESS: ZONING: Council at its meeting of October 3, 1955, having referred to the ;ity Planning Commission for study and recommendation a communication from Messrs. ?extort C. Judge and J. H. Fralln, reqnesting that their properties located on the north side of.Rayne 5treat, H. E., betmeen Milliamson Road and Milkins Street, be 423 resorted from General Residence District to Business District, the City Planning Commission reported that in its opinion the land is more suitable for business than roy residential purposes nnd that adjacent residential properties, due to the proximity of existing industrial Maes, will not be depreciated in value by the proposed rezoniog, and recommended that C~oncil grant the request of the petitioners. Mr. ~ebber moved to bold n public hearing on the request at 2:00 o'clock, p. m., November 7, 1955, in the Council Chamber. The motion mas seconded by Hr. Manes end adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Planning Commission submitted · report, recommending that the city acquire sufficient land on the southeast corner of Jefferson Street and Elm Avenue, s. £., to proulde for a thirty-foot radius on the said corner, the report stating that the Commission feels the volume of traffic moving at this point Justifies the improvement of the intersection. Mr. Nebber moved to refer the recommendation to the City Manager and to directthat he secure a price on the property recommended by the City Planofng Commission and submit his report and recommendation thereon. The motion was seconded by Mr. Davies and adopted. LICENSE TAX CODE: The City Clerh reported that he has received three recommendations from the City License Inspector for certain revisions to the proposed License Tax Code now pending before Council as follows~ 1 - That Section 115. Trading Stamps, CouPons, Etc., be revised to provide a license tax of $500.00, plus $1.00 on each $100.00 of th~ gross receipts of such business in excess of the first $50,000.00 of gross receipts, 2 - That Section 39, Alcoholic Ney*rages, be revised by adding: *No wholesale beer or wine distributor shall sell or deliver alcoholic beverages to any retail merchant without first ascertaining if such merchant has the necessary city license for the sale of such beverages.* 3 - That Section 62, Contractors, Builders, Superintendents, Etc., be revised by adding: *It shall be a violation for a contractor to sublet any portion of his work to a subcontractor who is not properly Mr. Mebber moved to take the recommendation with reference to Section 115 Section 62 to the City Attorney for his opinion. The motion was seconded by Mr. Danes and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES ANN RESOLUTIONS: ZONING: Ordinance ~o. 12508, rezoofng certain property located ox the west side of Crystal Spring Avenue, s. N., north of McClanahan Street, from Special ResidenCe District to Musiness District;shaving.previously been before Council for its first reading, rend and laid over, was again before the body.. In this connection, Mrs. W. Irving Urinkley, residing at 2114 Rosalind Avenue, S. N., appeared before Council and requested that th*Ordinance not be adopted nummi Such time as the petitioners for rezoning submit to Council their detailed plans for the use of any portion of:'the~building forcommerctal purposes, Mrs. BrJnkley g~nerally opposing the Ordinance on the basis that it Mill be.~.~ detrimental to her property. 4'24 Mr. H, S. HcClanabsa also appeared before Council in oppositien to passage of the Ordinsace. Tr. Hebber offered the following Ordinance for its second reading and final adoption: (a125o8) AN OROINAHC£ to amend nod reensct Article It Section l, of Chapter 51 of the Code of the City of Roanoke. Virginia, in relation tn Zoning. (For full text of Ordhance. see Ordinance Cook Ho, 21. Page Hr, Yebber moved the adoption of the Ordinance. The motion mas seconded by Hr, Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett. Haldrop, Hebber, and the President, Hr. Hood! ................. 6. HAYS: None ................... O. (#r. Young absent) RAT£R OEPARTR£HT: Ordinance No. 12519, approving the report and recommenda- tions of the Timberlands Committee and authorizing the City #aoager to enter into an agreement with the Virginia Forest Service for marking and estimating timber on the Denver Dam and Falling Creek Watersheds, having previously been before Council for its first reading, read and laid over, mas again before the body, Mr. Hanes offering the following for its second reading and final adoption: (~12519) AN ORDIHANCE approving the report and recommendations of the *Timber Lands Committee~; authorizing the City Manager to enter into an agreement with the Virginia Forest Service for marking and estimating the timber, it proposes to recommend to be sold, os set forth in its report of March dth, lgSS; and, further, authorizing the City Homager, after the proper marking and estimating of the timberrecommendedto be sold has been completed, to advertise for bids for the purchase thereof. (For full text of Ordinance, sea.Ordinance Hook No. 21, Page 60.) Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by Br. Waldrop and adopted by the following vote: AYES: Cooncil members Davies, Hanes, Pickett, Waldrop, Webber, and the ~resldent, Mr. Woody ........................ b. - NAYS: None .......................... On (Mr. Young absent). SPECIAL PERMITS-BUILDING CODE: Smlthey and Boynton, Architects and Engineers, having presented to Council a reqoest..tbat permission begranted the Nelson Hardware Company to extend a footing for a retaining wall to be constructed Jn connection mlth a building being erected at Eleventh Street and Gregory Avenue, ~. E., into Gregory Avenue, and to excavate into Gregory Avenue for said purpose, Mr. Davies moved that the following Ordinance be placed upon its~first reading: (:12527) AN OHDINAHCEgrontingpermission to Nelson Hardware Company to project the footings of a retaining wall into Gregory Avenue and to excavate approximately 25 feetbeyond the property line into-said Gregory Avenue. WHEREAS, Section 405 of tbeDoilding Code of.the City of Roanokeprohlbits the projection of foundations under sidewalks more than I foot-beyond the property line and adherence thereto would entail a large cost to the Nelson Hardmam Company in the case of the construction of a retaining wall us an adjunct to the building It presently proposes to erect at Eleventh Street and Gregory Avenue, H. E., and 425 WHEREAS, the lost-mentioned ccupnny, because of said hardship, hms requeste~ this body. to waive the aforesaid restriction in this instance, and to grant it permission to project the footings of such retaining wall end to excavate approximately 25 feet beyond the property line into Gregory Avenue, in the manner, and to the.extent calve as is shown on a Rough Grading Plan therefor, prepared by Swithey ~ Roynton, Architects ~ Engineers of Roanoke, Virginia, Revised September 19, 1955, Dud in a letter from said Architects ~ Engineers addressed to the City Manager under date or Septeuber 21st, 1955; both of which are on file in the Office of the Clerk of this Council, end WHEREAS, the City Hauager end the City Engineer hare concurred in the granting of such permission: TflEREFORE, RE IT ORDAINED by the Conncll of the City of Roanoke as follows: 1. That permission be, nnd the same is hereby, granted unto the Nelson Dardmare Co. to project the footings of the retaining wall it proposes to constrnct as an adjunct to the boildlng it plans to erect at Eleventh Street and Gregory Avenue, ~. E~, and to excavate approximately 2S feet beyond the property line into Gregory Avenue, in the manoer, and to the extent only, as is shown on a Rough Grading Plna therefor, prepared by Smithny Engineers of Roanobe, ¥ivginia, Revised September 19, 19SS, and la a letter from said Architects and Engineers addressed to the City Ranagcr under date of September 21st, IgSS; both on file in the Office of the Clerk of this Conncil; 2. That the said Nelson Hardware Co., shall, by acting under this Ordinanc~ be deemed to agree to iadnmnify and save harmless the City of Roanoke and nil other persons and corporations of and ~rom any and all claims for damage to persons and property by reason of availing itself of the permission hereinabove granted in the construction and maintenance of its proposed retaining wall and in excavating beyond the property line in~o Gregory Avenue. The notion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, ~aldrop, Webber, and the President, Mr. Woody .......................... NAYS: None ............................ O. (Mr. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: SEWERS: Mr. Cecil Simmons appeared before Council and submitted a petition signed by residents of the East Gate Addition, requesting that the city construct a sanitary sewer project to serve their properties on an assessment basis of one-third cost to the property owners and the city bearing tmo-thirds of the cost. Mr. Hanes moved to refer the petition to the City Manager for study and recommendation. The motion was seconded by Mr. Maldrop and adapted. MATER DEPARTMENT: Mr. Davies stated that he has been informed that it is necessary for a customer of the Mater Departmeot, when moving his place of residence, to actually go to the Mater Department office and sign a request for the discontinuance of service at the old residence and the Installation of service at the new residence, whereas, all other public utilities perform such service upon receipt of a telephone request, and moved to direct the Manager of the Water Department to furnish Council an explanation of this condition. The motion was seconded by Mr. Hanes and adopted. 4-26 BUDGRT-CO#PENSATION BOARD: The City Auditor presented to Council the preliminary budgets for the office of the Commissioner or Revenue, the City Treasurer, the Commonwealth Attorney and the City Sergeant for its consideration prior to taking up these budgets at the next meeting of the body, the City Auditor cdvisicg that his office can prepare such preliminory budgets for each department of the citT government as completed by the City Hanoger, and recommended that this procedure be followed rather than uniting for the preparation of the entire preliminary budget by the City Hanager in order that Council might study various sections of the budget as they become available in on effort to eliminate the year-end pressure previously experienced in the adoption of the budget. Hr. ,ames moved to concur In the mcommendation of the City Auditor and to adopt the procedure recommended. The motion was seconded by Hr. Valdrop and adopted. There being no further business, Council adJouroed. APPR'OV~D COUNCIL, REGULAR HEETINO, Moudny, October IT, 195S, The Council of the City of Roanoke met in regular meeting in the Council Chamber la the Mnmioipnl Building, Monday, October 17, 1g$5, at 2:00 o'clock, p, the regular meeting hour, with the President, Mr. Moody, presiding, PRESENT: Council members Davies, Hanes, Pickett, Maldrop, eebber, Young, and the President. Hr, Moody ........... ABSENT: None ................... O. OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager, Mr. Randolph C. Mhittle City Attorney, Hr. ~.rry R. Yules, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend Joho A. St. Clair, Pastor of Airlee Court Haptist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, October 3, 1q55, having been furnished each member of Council, upon motion of Mr. Davies, seconded by Mr. Hanes and adopted, the reading was dispensed with and the minutes approved as recorded, HEARING OF CITIZENS UPON PUBLIC MATTERS: REFUNDS AND REBATES-SEMAGE DISPOSAL: A communication from Hr. John B. Zhornton, Jr., Attorney for the Canada Dry Bottling Marks, requesting n refund of $424.65 by reason of an alleged overcharge on its water bill for sewage treatment charges, baring been before Council et its meeting of October lB, 1955, and referred to the City Attorney for his opinion ns to whether or not such o refund is legally due. the City Attorney rendered his opinion, stating that the requested refund is not legally due the Canada Dry Bottling Works. In this connection, Mr. Thornton appeared before Council and stated that although the City Attorfley*s opinion rules that the refund Is not a legal respon- sibility he feels that his client has a moral claim on the city since it did not know Of the remedies for abating sewage treatment charges for water not discharged into the sanitary sewer system. Mr. Webber moved to take the matter under consideration. The motion was seconded by Mr. Maldrop and adopted. CLOSING HOURS: Mr. Arthur E. Smith, Attorney for drive-in food operators in the city. appeared before Council and requested that Section 14, Chapter ?0, of the Code of the City of Roanoke, which provides that no food may be served at such establishments after twelve .*clock, midnight, except inside of the buildings in which they operate, be repealed, or amended, in sa:ha manner as to remove what he stated is in effect a curfew, Mr. Smith stating that there are fourteen such establishments in the city and all of them have been' violating the provisions of the law for more than two years, but that n recent action of the police has stopped Me operators from such violations. Mr. Banes moved to refer the matter to a committee consisting of Messrs. Arthur S. Owens, Chairman, Randolph G. Mhittle and Frank H. Nebb for study and recommendation. The motion was seconded by Mr. Maldrop and adopted. BUDGET-COMPENSATION BOARD: Council at its meeting of October 3, 1955, having fixed October 17. 1955, at its regular meeting, as the time for hearing the five constitutional officers on their budget requests, Mr. James A. Armstrong, Commission 428 of Revenue, appesred before the body and presented a copy of the request subwitked t6 the Compensation Board for moieties and expenses for the year 1956, showing t total of $65.944.00 rot said salaries and expenses, end $18,561.30 rot purchase of equipment, which includes n salary lacrosse of $260.00 rot one deputy in the office Rr**Armflron~ exp~uinln~ that the Increase requested is to restore · cut in the salary for that ~ositiou made In t~e previous year when he requested a transfer of $260.00 from one Job to tug'other Jobs and the Compensation Board r~duced the salary or the one deputy but did not increlse the salaries of'the other two deputle and $i6,461.30 rot a tax accounting oddres~ngraph machine with supplies, plates and cabinet~ for the pr~peration of the tax rolll and tick&ts,'to be used in conjunction with the office or the ¢~ty'Trensurer and equipment bein~ requested by the Gity Treasurer, and $2.1oo.oo rot desks and chairs. The'Cit~ manager presented his recommended budget rot the office of the Commissioner or Revenue which does not includ~ the $260.00 salary increase or the $2,IOO.Dg for desks and chairs as requested by the Commissioner of Revenue. Rr~ Nebber moved to take the matter of the budget of the Commissioner of Revenue under consideration. The motion was seconded by Br. Young a~d adopted. Rr. J. H. Johnson, City Treasurer. appeared and presen[ed a copy of his 1956 budget request as filed with the State Compensation Board, showing a total of $66.0~7.00 for 'salaries and expenses and $21,204.00 for equipment, which budget includes an increase in salary for the City Treasurer of $?20.00, the ~quipment requested being replacement of the present tax billing machines in use in the ~fficz of the City Treasurer by a different type of machine for use in conjunction with the equipment requested by the Commissioner of Revenue. The City Beringer presented his preliminary budget for the office of the City Treasurer which does not include the ~720.00 salary increase requested by the City Treasurer and includes only $16,065.00 for the tax bl'lling equipment. Mr. Johnson explained that if the equipment requested by the Commissioner of Revenue is 9ranted, the amount recommended by the City Manager will be sufficient. but that it will be necessary to purchase one additional machine in his office if the request of the Commissioner of Revenue is not gra~ted. Mr. Johnson ~hen requested that if Council gives general increases to municipal employees in the year 195~ that his employees be given the ~ame considera- tion. as other municipal employees. Rt. Hanes moved to take the budget request of the City Treasurer under consideration. The motion was seconded by Mr. Davies and adopted. Rr. C. E. Caddy. Commonwealth Attorney, appeared and presented to Council a copy of the budget request for the year 195~ as submitted to the Compensation Board, which request includes salary increases in the amou%t of $500.00 for the Assistant Commonwealth Attorney, $1~0.00 for the Case Coordinator and $180.00 for the ~art- time Typist, Mr. Caddy explaning that at his request the salary of the Assistant Commonwealth Attorney was reduced for the year 195~ by reason of the employment of neb assistant and that the $500.00 increase is intended to restore a portion of such decrease, that the s~lary increases requested for his other employees ~re intended to cove~ increased living co'ts; · The City Manager presented his preliminary budget for the office of the' Commonwealth Attorney which does not include the salary Increases requested, Hr, ~oung moved to tahe the budget of the Commonwealth Attorney under consideration, The motion was seconded by Mr. Hanes and adopted. .Mr. Edgar Lo Nlnstead, City Sergeant, appeared before Council and submitted copy of his.1956 budget request as submitted to the State Compensation Board in the total amount of $70,335.00 for salaries and expenses, covering his office and the City Jail, mhlch request includes one nam Jailer at a salary of $3,480,00, Mr. Winstead explaining that the new Jailer Is required in order that he might.place bls Jailers on a five-day work week the same au other city employees. The City Manager presented his preliminary budget for the office of the City Sergeant.and for the City Jail which does not include the nam position for a Jailer requested by the City Sergeant. Hr. Waldrop moved to take the budget request of the City Sergeant under consideration. The motion mas seconded by Mr. Banes and adopted. The City Clerk reported to Council that Br. W. B. Cart, Cloth of Courts, is unable'to be present, but,bas requested that Council be advised that he hos not filed his budget request mith the State Compensation Board, preferring to await action by Council, and, if possible, submit a Joint request, that he is ia agree- mith the allowances made in the preliminary budget of the City Manager for his office with the exception that he is requesting that the salary of the Clerk of Courts be increased to $10,000.00 and.that the employees in his office be considered in.any pay.increases or adjustments granted to other municipal employees. · The city Manager then submitted his preliminary budget for the office of the Clerk of Courts in the amount of $70,160,00 mhich does not inclade the salary increal requested by the Clerk of Courts. Mr. Webber moved to take thc budget,request of the Clerk of Courts under consideration. The motion was seconded by Mr. Young and adopted. Mr. Webber then moved to hold an informal session of'Council at 0:00 o'clock p~ m., Thursday, OctoberZO, lgSS, in tho Coancil Chamber, for-further consideration of the budget requests as submitted by the constitutional.officersl The motion was seconded by Mr. Young and adopted. PETITIONS A~D COMMUNICATIONS: :AIRPOBT:;The City Clerk.presented a communication-from the Civil Aeronautics Board, advising that it has issued an order to Piedmont Aviation, Incorporated, to show cause mhy the Board should not lssae an order mahieg finalthe tentative findings and conclusion~ stated therein and lssuepermanent certificatesof public.. convenienceand necessity.replacing temporary certificates on certain of its flights including.th~se operating through .the City of Roanoke. The communication was ordered:filed. ZONXNB:A petition from Mr. Charles E. Cain~ requesting that his property located on the northerly side of Shenandoah Avenne, N. Mo, wastrel-Thirty-sixth Street, be rezoned from General Residence District to Business Oistrfct~ was before Council. : ,Mr~ Hanes moved to refer the*petition to the City Planning Commission for study and-recommendation~ The notion,mas-seconded by Br. Oaviesand adopted. .... ZONING: The City Clerk presented a communication from ~r. B, T. Edwards. Attorney-for Messrs. C..F.: Refauve~-and Leon R. £ytchen,..requesting that a 3.2 acre tract of~lind.owned b~'the petitioners locatednn the north sideof:Cove Road~N. 430 et its l~terceotiom with Lafayette Boulevard, be renoned from Geaernl ResJdeuee District to Business District, Mr. Meldrop. moved to refer the. request to the City Plannimg Commission for study amd recommendation. The motloR was seconded by Mr. Davies.and adopted, ZONING: The City Clerh presented n communication from Mr, g. T, Edwards, Attorney for Messrs, Henry C. Giles end M. L, Giles, requesting that their property on. the north side of Cove Road, N. M., near its intersection with Lafayette Boulevard, being Lots 1-6, inclusive, Dlock 10; and Lots 12~23, inclusive, Bloch 9, Falrland Additiqn, be rezoned from General Residence District to Rusiness District, Mr. Davies moved to refer the request to the City Planning C~mmission for study and recommendation. The motion was seconded by Mr. Hanes and adopted, CURB AND GUTTER-STREETS AND ALLEYS: The City Clerk presented a couunnication from the 6raedJn Court Baptist Church, offering to donate to the City Of ~oanoke five feet of land o~ the east side of ~pring Road, S, W., between Dram~leton Avenue and Moodlawn Avenue, for st~ee~ w~dening purposes, and sufficient land at the intersection of Drambleton Avenue end Spring Road, S. ~., to provide for a 25*foot dins at the corner, in consideration of the city widening the street and lnstallie sidewalk, curb and gutter along the east side of Spring Road and around the enlarged radius at Drambleton Avenue, Mr. Webber mored to refer the request to the City Manager for study and recommendation. The motion mas seconded by Mr. Maldrqp and adopted. ZONING: A communication from Mr. Walter W. Wood, Attorney for Mrs. Mary A. Eaton, requesting that a 20-acre tract of land situated on the east side of D. S. Route 11 at the northerly corporate limits of the city be rezoned from General Residence District to Business District, was before.Council. Mr. Hanes moved to refer the request to the City Planning Commission for study and recommendation. The motion qms seconded by Mr. Davies and a~opted. , RE~ORTS OF OFFICERS: BUDGEd-DOGS: The City Manaqer reported that the Game Warden has submittqd bill in the amoun~ of $112.50 for killing forty-five dogs in the City of Roanoke during the month of September, 1955,. and requested.an appropriation tq cover the ~ayment thereof. Mr. Maldrop moved to concur in the recommendation of the Clt~ Manager and ~ffered the following emerqency Ordinance: (m12528) AN ORDINANCE ~o amend and reordain Section m~7, "Dog Tax Administr tide** of the 1955 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book Ho. 21, Page ~4.) Mr. Waldrop moved the ~doption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the followimg vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber~ Young, and the President, Hr. Moody---~--~ .... NAYS: None ................. O. HCDGET-TRAFFIC: The City Manager reported that the impoundment of ve~icles at the City Garage when removed from the streets by reason of the Towing ~rdtnance other laws is interfering w~th normal operation and efficieqcy of equipment operatin~ t from the garage ~nd ,submitted a plan to prepare an area at the Sewage.Treatment ~lan~ for the.storage of such vehicles, the .City Manager advising t~at ,the cost Of the ~il~ be approximately $600.00, and recommended that this amount be transferred from the appropriation for repairs in the Huniolpul Building account to storage of vehicle in the Fallen Department account of the 1955 budget° Mr, #ebber moved to concur in the recommendation of the City #anager and offered the follouing emergency Ordinance: (n12529) AN ORBIHAHCE to amend nnd reordain Section n60, 'Police Department". and Section nB6, 'Municipal BulldingU, of the 1955 Appropriation Ordinance', and srovidlag ~or au emergency. (For full text of Ordinnnce, see Ordinnnc~ Boob No. 21, Page Hr, lebber maved the adoption of the Ordinance. Th~ notion uns seconded by ir. Banes and adopted by the follouing vote: AYES: Council members Darien. Banes, Pichett. laldrop, lebber, Young, and th~ President. Hr. Ioody ........... ?, BAYS: Hone ................. OD POLICE DEPARTMENT: The City Damager reported that Br. Thomas L. Butson resigned as a member of the Police Department, effective October IS. 1955. The report was ordered filed. SEPOSTS OF COMMITTEES: ~ONE. UNFINISHED BUSINESS: NATES DEPARTHEHT: As directed by Council at its meeting of October 10. 1955. Nv..D. ~o Rustoe. ~anagev of the Dater Department, reported that Rule 4 of the later Department provides that a new application for service shall be made and approred by the Department upon any change in use or o~cupaucy of property, or in the service described in the Original application, in consequence of which Rule it is' necessary for a person moving from one dwelling to another· to come to the offic~ of the Hater Department and file a written application for Change of service lo order to effect discontinuation: of service at his old address and establish water service at his address, and that he bas beeh advised b! the City Attorney that to change the address on an agreement for water service would void the agreement, but recommended Council that he be authorized to accept requests for transfer Of water service by telephone, at which time a new ¢ontrac~ will be mailed to the applicant for slgnatur and returned to the later'Bep~rtment, and that such authorization be for a period, at the end of which time the ganager of the later Department will report the[i results of the trial to Council in detail, along with his recommendations in the matter. Mr. ialdrop moved ~o concur in the recommendation of the Damager of the later Department, The ~otion was seconded by Hr. Davies and adopted, ZONING: A communication from Sro R. To Edwards, Attorne7 for Br. ~o Fo Eefauver. requesting that u triangular tract of land located on Drambleton Avenue' and Ashb~ Street, S. ~o designated as the northern part of Lots 1, 2 a~d 3. and a portion of Lot 4, Block 4~ Corbiesbaw. be rezone~ from General R~sidence District to Business District, having been received by CounCil at its meeting of September 195~, and refev~ed to the City Planning Commission for study and recommendation, the Clt~ Planning Commission reported that in its opinion the present non-conforming store building, which fills a neighborhood need. requires the use of a considerable parking space, hud there is some complaint from nearby o~uers of residences against parking in front of their properties, that the rezoning of the petitloner~s property to a business classification for the purpose of enlarging the present store building desired by the petitioner ~ould aggravate the parking problem, and, furthermore, 431 4 32 mould permit the entire ureu of the truer of lurid deslgnuted tO be used for business purposes, which the Commission thinks would be uodesiruble~ therefore, the City Planning Commission recommended that the request of the petitioner be denied, The City Clerh advised that the Attorney for the petitioner has requested sublic hearing on the matter, Mr. Webber moved to hold a public hearing on the request'of Mr. ~efnuver at !:00 otclock, p. m** November 14, lgSSo in tho Council Chamber. The motion was seconded by Hr. Davies and adopted, LICENSE TAX CODEs Council at Its meeting of October 10, 1955o having referre~ to the City Attorney for his opinion as to their legality recommendations for changes to the proposed License Tax Code of the City of Roanoke submitted by th~ City License Inspector, the City Attorney reported that the proposed change to Section 3g to *rovide that *no wholesale beer or wine distributor shall sell or deliver alcoholic ieverages to any retail merchant without first ascertaining if such merchant has the ~necessary city license for the sale Of such beverages* would be in violation of ISection 4-96 of the Code of Virginia. nhich, in effect, prohibits any political isobdlvisioo from adopting any Ordinance or Resolution regulating the sale. distribu- lttion, etc., of alcoholic beverages in Virolnia, and that .the reconnendation for an !addition ~o Section 62 of the proposed License Tax Code as submitted by the City iLlcense~ Inspector that *it shall be a violation for a contractor to sublet any i~ortion of his work to a subcontractor who has not been properly licensed to do |i~uch work* in his opinion would be invalid. Mr. Webber moved to file the opinions of the City Attorney. The motion was seconded by Mr. Waldrop and adopted. CONSIDERATIO~ OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATIONOF ORDINANCES AN~ RESOLUTIONS: SPECIAL PERMITS-BUILDING CODE: Ordinance No. 12527, granting permission to the Nelson Hardware Company to project the footings of a retaining wall into Gregory Avenue and to excavate approximately twenty-five feet beyond the property line into said Gregory Avenue, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Waldrop offering the following for its second reading and final adoption: (u12527) AN ORDINANCE granting permission to Nelson Hardware Co. to project the footings of a retaining wall into Gregory Avenue and to excavate approximately 25 feet beyond the property line into said Gregory Avenue. (For full text of Ordinance, see Ordinance Hook No. 21. Page Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded ~r. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett, Waldrop, Webber, Young, and the President. Mr. Woody ........ NAYS: None .............. O. CELEBRAtIONS*CITY GOVERNMENT: The Seventy-fifth Anniversary Steering Committee having submitted a request to Council at its meeting of October IO, 1955, that it be anthorized to form a non*profit corporation for the conduct of The Roanoke Diamond Jubilee, Mr. Webber offered the following Resolution: (~2530) A RESOLUTION authorizing the *Steering Committee for the celbration of Roanohets 75th, or DiamOnd, Anniversary* to form a non-profit corporation, with the promotion and management of the Jubilee as its aim. (For full text of Resolution, see Ordinance Hook No. 21, Page 65.) Hr. Webber moved the adoption of the Resolution, The wotion was seconded by Mr, Davies and adopted by the following vote: AYES: Conncll members gaffes, Hanes, Pickett. Wnldrop, Webber, Young, and the President, Hr, Woody ......... ?. NAYS: Hone ............... O, LICEHSES: The City Attorne7 advised that ia o matter being presently iconducted in the courts it will be necessary to provide for a bond in order to take an appeal and that he has prepared an Ordinance which he recommends that Conncii adopt. Mr. Young moved to concurfn the recommendation of the City Attorney and offered the following emergency Ordlcance~ (u12531) AN ORDINANCE authoriaing and directing the City Manager and the City Clerk to enter into suspending bonds on behalf of the City in certain pending litigation; authoriaing and directing that a corporate surety be secured therefor; appropriating the nun of $20.00 from the General Fund for the payment of bond premiums; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 65,) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody ......... 7. NAYS: None ............... O. MOTIONS ATqD MISCELLANEOUS BUSINESS: BONDS-SCHOOLS-ACADEMY OF MUSIC: The Mayor presented a letter from the Crys! il Spring Parent-Teacher Association, endorsing and pledging its support to a bond issue for the development of the entire city school system and opposing a bond issue for a civic auditorium at this time. The communication was ordered filed, BUDGET: The Mayor stated that the action taken by Council at its previous meeting in adopting procedure for the preparation of preliminary budget accounts as recommended by the City Auditor was taken in the absence of the City Manager, and that since tie City Manager is charged with the duty of preparation of the budget under the City Charter, he feels that the City Manager should he heard in the The City Manager advised Council that he is willing to cooperate with Counci in any way it considers desirable in the preparation of the budget, but that he is opposed in principle to piecemeal presentation of the budget because of the necessit of balancing estimated revenue with recommended expenditures which cannot be accomplished until the entire budget has been gone over, but suggested that he submit to Council various budget accounts as he completes action on their prellminar requests in which accounts no controversial items appear and which have more or less fixed items Of expense. The City Manager further advised Council that if he could receive the School Board budget at au earlier date than the dead line specified in the City Charter; l. e., Norember 15, he could complete his budget action in a correspondingly less amount of time. and, consequently, present the preliminary budget to Council earlier 434 Mr, Young moved to direct the City Cloth to request the School Board to submit its budget request to the City Manager at tke earliest possible date ia order to relieve some of the 7ear-end.pressure.on Council in its study and adoption of the municipal budget, The motion mas seconded bi.Mr, Bnnos and adopted, There being no further business, Council adjourned, AP~ROYED 435 COUNCIL, REGULAR MEETING, Monday, October 24, 1955. The Council or the City of Roanoke met in regular meeting ia the Council Chamber in the Municipal Building, Monday, Octaber 24, 1955, ut 2:00 oOcloch, p. m., the regular meeting hour, with the Pretident, Mr. Moody, presiding. PRESENT: Council membe~s Davies, Hanes, Pichett, Ruldrop, Webber, Young, and the President, Mr. Woody ................... 7, ABSENT: None ........................... O. OFFICERS PR£SENT: Mr. Arthur $. Owens, City Ranager, ar. Randolph G. Whittle City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerho The meeting mas opened with a prayer by the Reverend John E. Sayro, Pastor of the Oak Grove Church of the Brethren. MINUTES: Copy of the minutes of the regular meeting held on Monday, October 10, 1055, having been furnished each member of Council, upon motion of Mrs. Pickett, seconded by Mr. Maldrop and adopted, the reading uss dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PURLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: CHESAPEAKE AND POTOMAC TELEPHONE COMPANY: The City Cler~ presented a communication from Mr. R. G. Culbertsou, recommending the installation of public telephones on public property at various locations tltr ougbont the city. Ur. Rebber moved to file the communication. The motion was seconded by Mr. ~aldrop and adopted. ZONING: A communication from Mr. Kermlt W. Plymale, requesting that Lots ? and H, Block 35, Rivervlew Addition, located on the southeast corner of Patterson Avenue and Twentieth Street, S. N., be rezoned from General Residence District to Business District, was before Council. Mr. Kaldrop moved to refer the communication to the City Planning Commission for stady amd recommendation. The motion was seconded by Mr. Davies and adopted. ZONING: The City Clerk presented a communication from Mr. M. R. Vans, requesting that Lots 11 amd 12, Section 3, Revised Map of Restwood Annex, located on the southwest corner.of Shenandoah.Avenue and Juniper Street, N. W., be rezoned from General Residence District to Business District. Mr. Davies moved to refer the requestto the C~ty Planning Commission for study andLrecommendation. The motion mas seconded by Mr. Naldrop and adopted. BUILOING CODE: The City Clerk presented a communication from Mr. tandom E. Smith, expressing his appreciation for appointment as a member of the Board of Appeal, Building Code, but advising that he is ineligible to serve on said Hoard by reason of his residence being in Roanoke County. ~. Mr. Yonng moved to table,the matter for consideration at the next regular meeting of Council. The motion wan seconded by Mr~ Davies and adapted. 436 REPORTS OF OFFICERS: BUDGET-STREET REPAIRS: The City Manager reported that there nra lnsnfflcies funds available to provide for surface treating certain streets in some of the new subdivisions and tbnt unless the work is done before cold weather sets in the cost of such treatment will be increased next yeor,.the City Manager requesting a transfer of $1,900.00 from Contractors to Materials Jn the Street Repair account of the 1955 budget, Mr. Waldrop moved to concur in the request of the City Manager and offered the following emergency Ordinance: (#12532) AN ORDINANCE to amend and reordnin Section ~OI. 'Street Repair', of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance D,ok No. 21, Page Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Mebber and adopted by the following vote: AYES: Council members Davies. Danes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ...................... NAYS: None ............................ O. BUDGET-POLICE DEPARTMEDT: Tho City Manager reported that the Police Department has wrecked one of its automobiles while pursuing a law violator to such an extent that repair is not economically feasible and requested that he be authorized to purchase a new car from the unexpended balance remaining in the Equipment and Improvements account for the pnrchase of automobiles in the Police Department at an estimated cost of $1,244.00. Mr. Nebbe£ moved ~o concur in thc request of the City Manager and offered the following Resolution: (~12533) A RESOLUTION authorizin9 the purchase of one automobile out of thc unexpended balance for five sedans noder Police Department, Section n143, *Departmental Equipment and ImprovementsW, of the 1955 Appropriation Ordinance, and pr,riding for an emergency. (For full text of Resolution, see Ordinance Book Nog 21, Page 67.) Mr. ~ebber moved the adoption of the Resolution. The motion was seconded by Mr. Danes and adopted by the following vote: AYES: Council me~bcrs Davies, Hanes, Pickett, ~aldrop, Webber, Young, and the President, Mr. Woody ....................... NAYS: None ............................. O. STREET LIGDTS: The City Manager reported'that he has caused a survey to be made of the lighting conditions on Drandon Avenue, S. W., between Franklin Road and Main Street, and recommended the installation Of eighteen 6000 lumen overhead incandescent street lights and the replacement of five 2500 lumen overhead incandescent street lights with 6000 lumen units. Mr. Hanes moved to concnr in the recommendation of the City Manager and offered the following Resolntion: (u12534) A RESOLUTION suthoriziug the installation of additional street lights and the replacement or certain existing street lights on Brandoa Arennh, S. W** between Franklin Road etd Delu Street. (For full text of Resolution, see Ordinance Dook No. 21, Page 67.) Dr. Danes moved the adoption of the Resolution. The motion was seconded by Dr. Davies and adopted by the following vote: AYES: Council weubers Davies, Danes, Pickett, Weldrop, Webber, Young, and the President, Hr. Woody~ NAYS: None ......................... O. REPORTS OF CORMITTEES: SEWERS-STREETS AND ALLEYS: A petition from Florence R. Jones and Robert Dur~ey Johnson, offering to dedicate a 30-foot street through their property, having been before Council at its meeting of October 3, 1955, and referred to Messrs. Barry R. Yates and Randolph G. Whittle for study and recommendation, the committee submitted its report, stating that In its opinion the public has acquired by prescription the perpetual right to use the area proposed to be conveyed by the petitioners, without consideration, and recommending t~at upon presentation of a proper deed of conveyance, and its approval by the City Attorney, that the City Clerk be authorized to receive the same and cause it to be admitted of record. Dr. #ebber moved to concur in the report of the committee and to instruct the City Attorney to prepare the necessary Ordinance to implement the committee's report. The motion was seconded by Dr. Young and adopted. CITY EMPLOYEES: A committee consisting of Messrs. Roy L. Webber and J. Robert Thomas having been previously appointed to study and report its recommendations on Job classification, pay rates and related matters for municipal employees, the committee submitted its report, recommending that: I - Negotiations be entered into with the Commonwealth of Virginia with a view of securing an agreement between the Commonwealth and the city: that employees of the city whose salaries are participated in by the Commonwealth be subject to classifications, pay rates, rules and regulations pertaining to personnel if and when adopted by Council, provided they meet standards of the state personnel plan. 2 - The city employ a firm or association of experts for the purpose of classifying all positions in the municipal government wlth the exception of those officers elected by the people or by the Council of the City of Roanoke, study and establish rates of pay for such classifications which would conform to the rates paid by business and industry in the city and generally survey the personnel policies of the city and submit their recommendations to the Council of the City of Roanohe. 3 - That co further piecemeal classifications be made until the report provided for above is received by the Council of the City of Roanoke. Mr. Young moved to receive the report and to take it under consideration for study during the study of the 1956 budget. The motion was seconded by Mr. Danes and adopted. UNFINISHED BUSINESS: ZONING: A request from Messrs. Roy T. Wright and J. W. Currie that their properties located on the east side of Fourth Street, S. E., between White Avenue and Mountain Avenue, be rezoned froi General Residence District to Light Industrial District. having been before Council at its meeting of September 19. 1955. and referred to the City Planning Commission for study end recommendation. the City Planning Commission submitted its report, recommending that the request of the petitioners be granted. Mr. Banes moved to hold a public hearing on the request at 2:00 ,*clock, p. m., November RI, 10550 in the Coeacil Chamber. The motion was seconded by Mr, Maldrop and adopted. ZONING: A petition from Mr. Truman J. Ross, requesting that his property located on the northmest corner of Melrose Avenue and Twenty-first Street, N. be rezoned from Special Residence District to Business District, having been before Council at its meeting of September 26, 1055, and referred to the City Planning Commission for .study and recommendation, the City Planning Commission submitted its report, recommending the denial of the request of the petitioner and suggesting that the petitioner apply for a non-conforming permit for use of the building located on the property as an office. The City Clerk advised'Council that the Attorney for the petitioner being in Lynchburg, he has been unable to ascertain whether or eot the petitioner desires a public hearing in the matter. Mr. Young moved to table the matter until the next regular meeting of Council and to instruct the City Clerk to ascertain whether or not the petitioner desires a public hearing. The motion was seconded by Mr. Webber and adopted. ZONING: A request of the property owners that their properties located on the south side of Melrose Avenue, N. W., betmeen Tm,sty-third Street and Salem Turnpike, be fez,ned from Special Residence District to Business District, having been before Council at its meeting of October 10, 1955, and referred to the City Planning Commission for study and recommendation, the City Planning Commission ;ubmitted its report, recommending that Council grant the request of the ~etitioners. Mr. Naldrop moved to hold a public hearing on the request at 2:00 o'clock, m** November 21, 1955, in the Council Chamber. The motion was seconded by Mr. Davies and adopted. ZONINO: A request from Randolph 6. ~hittle and Josephine P. Whittle that their property located on the east side of First Street, S. E., south of Elm Avenue, Official Lot No. 4020212, be fez,ned from Special Residence District to Business District, having been before Council at its meeting of September 19, 1955, and referred to the City Planning Commission for study and recommendation, the City Planning Commission submitted its report, recommending that Council grant the reqnest of the petitioners. Mr. Nebber moved to hold a public hearing on the request at 2:00 o'clock, p. m** November 21, 1955, in the Council Chamber. The motion was seconded by Mr, Young and adopted. STREETS AND ALLEYS: A petition from the Roanoke Valley Realty Corporation, requesting that Ntllow Lane and Panorama Avenue, N. N., between Fairview Road and Nest Side Boulevard, be permanently vacated, discontinued and closed, having been before Council at its meeting of October 10, 1055, and referred to the City Planning Commission for study and re¢oumendatJoa, the City Planning Commission submitted its report,recommending that Council grant the request of the petitioners,. Hr. Webber moved to hold a public hearing on the petition at 2:00 o'clock. p. m., Noveuber 14, 1955, in the Council Chamber, The motion was seconded by Mr. Mcldrop and adopted. . CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING-SETBACK LINES: Council at its meeting of October 10. 1955. having directed the preparation of an Ordinance, granting the request of Mrs. Eo J. Thomas that she be authorized to encroach over a setback line by reason of an addition to an existing building on the north side of Orange Avenue, N. E., east of Tinker Creek, Hrs. Pickett moved that the following Ordinance be placed upon Its first reading: (~12535) AN ORDINANCE authorizing a certain encroachment over the building setback lineheretofore established on the north side of Orange Aw nae, N. E., east of Tinker Creek. .. MHEREAS, by Resolution No. 1144T heretofore adopted by the Council on the 26th day*of May, 1952, a building setback line was established on the north side of Orange Avenue, N. E., over theproperty hereinafter described, and other properties, for the purpose of the future widening of Orange Avenue, N. E.; and WHEREAS, Mrs. E. J.~Thomas. sometimes known as Genevieve N. Thomas, the present owner of certain lots situate on the north side of Orange Avenue, N. E., immediately east of ?Inher Creek, known and.described as Lots 3222258 . and 3222259 of the Official Tax,Appraisal Map of,the. City, has petitioned the Council for permission taconstruct an additionto.an existing building on one of said lots which addition would encroach over the building setback line above- mentioned and'has offered to agree that~ should.such permission be granted, she, or her heirs or assignS, will later remove that part of t~e proposed addition extending over said setback lineat no cost or expense to the City at such time . as the City,undertakes to'wldenOrange Avenue,~N. E., and notifies the said owner of such intention, which said agreement the owner has offered to reduce to writing as,a covenant running, with theland involved, to be recorded ns other deeds are recorded. ..... ~ .. : ~ THEREFORE, BE IT ORDAINED bythe Council of.the City of Roaookethat upon admission.to record of the deed of agreement.hereinafter provided, permission an addition to a certain existlngbuildino presently locotedon certain.property of said owner situate on the north side.of Orange Avenue, N. E,, immediately east of TinkerCreek~ described as.Lots No~ 3222258 and 3222259 on the Official Tax Appraisal Mapof..said City,;which said.addition may=extend over the building setbackline.heretofore established by the. Council on the:north side of Orange Avenue, N. E.. pursuant to Resolution No. 11447, above-mentioned, · .BE IT FURTHER ORDAINED. that before tho.permission granted by this Ordinance shall become.erfectiveor be exercised by the said*permlttee, there shall be executed, delivered cud recorded in the deed books of the Clerkts Office of the Bustings Court:of the City of Roanoke, ut the~expense of said permittee, a deed of agreement executed by said permittee and any other uecesscrypnrtles by which instrument the said permittee alii agree, on behalf of herself, her heirs or assigns, that, later, upon notification that the City intends to proceed with the widening of Orange Avenue, N, Eo, and upon official request by the City through its Council or its City Manager, the said onner, or her heirs or assigns, mill forthwith take down and remove, at no cost or expense to the City, all of that part of said building addition erected under authority of this Ordinance which extends over the building setback line on said property established pursuant to Resolution l1447,.aforesald, and is constructed between said setback line and the present north line of Orange Avenue, N. E.i said agreement to be made covenant running mith the aforesaid land and binding upon the present owner thereof, her heirs or assigns, and to be in such form as is approved by the City Attorney. The motion was seconded by Mr. Banes and adopted by the following vote: AYES: Council members Davies, Banes, Pickett, Waldrop, Webber, Young, and the President, Mr. Moody ....................... NAYS: None ............................. O. PURCNAS£ OF PROPERTY-STREETS AND ALLEYS: Council ut its meeting of August 29, 1955, having directed the preparation of an Ordinance, making a firm offer for the purchase of necessary property on the ssutbenst corner of Franklin Road and Second Street, S. We, in order to enlarge the radius of the corner, as recommended by the City Manager, Mr. Davies offered the following emergency Ordinance: (#12536) AN ORDINANCE providing for the acquisition of a small parcel of land at the southeast corner of the intersection of Franklin Road and 2nd Street, S. M.; appropriating the sum of $1,349.75 from the General Fund to the Street Construction - Rights of May Account for the payment therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21. Page 68.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Waldrop and adopte~ by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .......................... NAYS: None ..... ~ .........................O. MOTIONS AND MISCELLANEOUS BUSINESS: STREETS AND ALLEYS-MATER DEPARTMENT: Mr. Clifton A. Woodrum, Jr** Attorney for the Roanoke Electric Steel Corporation, appeared before Council in connection with its request for water service and the extension of Miller Street, N. W., 441 into the plant of the corporation west of the City of Roanoke, mhich was referred to u.committee by Coutcll nt its meeting of April 4, 1q55, Mr. Moodrum stating that the orgeniuntioe mill be ready to begin operation around the first of November and requesting shot Council take action on the matter nt this meeting. Mr. Neodrnm mas advised that the committee has not submitted its r(.port, but probably mill do so during the next week and the matter will be placed on the agenda et the next regnlur meeting of Council. EASEMENTS-STREETS AND ALLEYS: The City Manager presented a communication from the Norfolk and Western Railway Company, adrlslng that it proposes to relocate a segment or its Winston-Salem Line in the vicinity of the new Jefferson Street ~rade Crossing £lfminatfne Viaduct and desires to abandon the rights-of-way conferred pursuant to Ordinance No. l?Sl, adopted November 7, 1900. the Railmay Company requesting permission to remove within a reasonable time its tracks, ties and crossing signals mblch presently occupy any portion of the rights-of-way grunted by the Ordinance referred to; requesting permanent easements to relocate its tracks and crossing signals in She vicinity of the Campbell Avenue crossing and in the vicinity of the Norfolk Avenue crossing and stating that it will resurface the streets thereby affected in a manner satisfactory to the City of Roanoke, all of said work to be performed at the expense of the Railway Company; and requesting the City of Roanoke to relocate Norfolk Avenue as shown on the plan submitted mith the communication, it being understood that the Railmay Company will pay its fair share of the cost of this relocation as determined by the city. Mr. Waldrop moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Webber and adopted. There being no further business, Council adjourned. APPROVED 44 2 ..... · ....... COUNCIL, REGULAR MEETING, ........ ~ . . Monday,. October 31, 1955. ~The Council.of the City*of Roam,he met. inregular men*iBM in the. Council Chamber in the. Municipal. Building, Monday, October 31,.lgSS, at.2:00 o~cloch, p. m., the regular meeting hour, with the. President, Hr. Moody, presiding. PRESENT: Council members Davies, Hanes,Pickett, Maldrop, Webber, Young, and the President,,Mr. Moody .... ~ ..... ~ ....... 7. ABSENT: None .......... v ........ ~ ...... O. · OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Whittle City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. . ,- , The meeting was opened with a prayer by the Reverend Van F. Garrett, Rector of Christ Episcopal Church. MINUTES: Copies of the minutes of the regular meeting held on Monday, October 17, 1955, and the regular meeting held on Monday, October 24, 1955, having been furnished each member of Council, upon motion of Mr. Hanes, seconded by Mr. ipot . d d ted the readln was dis eased with and the minutes d as aries an aop , g p approve i lrec°rded~EARINB OF CIYIY~NS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a communication from Messrs. Tom Stockton ilFox and Morton Roneyman, Attorneys for the South Nlllow Lawn Corporation and iiHenpaul Homes, Incorporated, requesting that their property, being Sections iiG and L, of.the Milliamson Groves Map, bounded by Noble Avenue, Lukens Street, iiSycamore Avenue and Milkins Street, N. £., be fez*ned from General Residence District to Light Industrial District. Mr. Maldrop moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Young and adopted. CURH AND 6UTTER-STREETS AND ALLEYS: The City Clerk presented a communication from the Huff Lane Parent-Teacher Association, requesting that an appropriation included in the 1956 budget for the widening of Huff Lane and the placing )f curb, gutter and sidewalks in said street. Mr. Young moved to refer the request to the City Manager with instructions that he prepare a cost estimate of the work requested and submit the same to ;ouncJl in one of its budget study sessions for consideration. The motion was seconded by Mr. Hanes and adopted. STREETS AND ALLEYS: The City Clerk presented a communication from the Spring ;alley Development Corporation, requesting the approval of an alternate route for the location of the proposed Beverley Boulevard across the UrandinCoart School property to Spring Road instead o~ that proposed by the City Planning Commission connect with Spessard Avenue, S. M., just west of the Grandln Court School entrance, and also requesting permission to record a mep of Spring Valley Section 2, which it advised the City Engineer is holding up arbitrarily. 443, Mr, Hanes moved to refer the request to the City. Planning Commission for study aid recommendation, The motion mas seconded by Hr, Davies and adopted, REPORTS OF OFFICERS: STREET LIGHTS: The City Hsneger recommended the installation of tuelve street lights at various l,cations within the city. Mr. #aldrop moved to concur in the recommendation of the City Manager and offered the follomlng Resolution: (u12537) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution, see Ordinance Book Ho. 21, Page TO.) Mr. Maldrop moved the adoption of the H,solution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Danes, Pickett, Maldropo Webber, Young. and the President, Mr. Moody .................. 7. HAYS: None ........................ O. PARKS AND PLAYGROUNDS: Council at its meeting of July IH, 1955, baying directed the City Manager to furnish a cost estimate for the completion of Riley Drive between South Roanoke Park and Was,nm Park to include necessary bridges, right-of*way procurement, work on the property of the Virginian Railway Company recently grouted by indenture to the City of Roanoke, and other costs, the City Manager reported that work is underway to pr,par, the cost estimates requested end asked that Council defer the matter for consideration in connection with the study of the 1956 budget. Mr. Young moved to concur in the recommendation of the City Manager. Th~ motion was seconded by Mr. Davies and adopted. STADIUM: The City Manager reported that Ordinance Ho. 12503, providing for certain improvements to the Municipal Stadium, included necessary funds for the purchase of chairs to be installed in the press box, but that inadvertently the chairs mere not listed under Section 5 of said Ordinance, and recommended that an amendment be adopted providing for the purchase of said chairs. Mr. Davies moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance; (~12538) AN ORDXHAHCE to amend Ordinance No. 12503, heretofore adopted the 26th day of September, 1955, providing for certain needed public improve- at Roanoke Municipal Stadium; and providing for an emergency. (For full text of Ordinance, see Ordinance D,ok Ho. 21, Page 71.) Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Mrs. Pichett and adopted by the f,Il,ming vote: AYES: Council members Davies, Hanes, Pickett, Webber, Young, and the President, Mr. Moody ....................... 6. HAYS: Mr. Maldrop .................. 1. BUDGeT-LIBRARY: The City Manager requested a transfer of $100.00 from Book Repairs to Building Maintenance in the Library account of the 1955 budget in order to provide for the payment of certain repairs to the elevator at the Main Library. 4'44 irs. Pickett moved to concur in the'recommendation Of the City Manager and offered the following emergency Ordiunoee: (n12539) AN OROINANC£ to nueod nod reordaln Section al21, 'Libraries', of the 1955 Appropriation Ordinance, and'providing for aa emergency. (For full text of Ordinance, see Ordinance Oook No. 21, Page 72.) Hrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Nr..Valdrop and adopted b7 the Following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Yebber, Yoclg, and th4 President, #r. Woody ...................... T. NAYS: Hone ........................ O, BUDGET-MUNICIPAL GARAGE: The City Nanager recommended a transfer of $545.62 From Tires to Insurance in the Garage account of the 1955 budget to provide for Lbo payment of an additional premium on the city's Automobile Fleet Accident and .lability Insurance Policy. ~r. Mebber moved to concur in the recommendation of the City Nanager and 'offered the following emergency Ordinance: (~12540) AN ORDINANCE to amend and reordain Section ~99, "Garage', of the !1955 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 21, Page 72.) Mr. Mebber moved the adoption of the Ordinance. The motion was seconded by ~r. Naldrop and adopted by the following vote: AYES: Council members Davies, Manes, Pickett, Maldrop, Webber, and the ?resident, Mr. Moody ..................... i NAYS: Mr. Young .................. 1. i BUDGET-COMMISSIONER OF REVENUE: The City Manager advised that there ore !insufficient fonds under Stationery and Office Supplies in the Commissioner of ~evenue account of the 1955 budget to provide for the purchase of merchants license / !~lanks, vending machine stickers, blue books, automobile license blanks, otc,, and ecommended an appropriatlon of $1,000.00 to the said account. Mrs. Pickett moved to concur in the recommendation of the City Manager and *flared the following emergency Ordinance: (=12541) AN ORDINANCE to amend and reordain Section #5, "Commissioner of Revenue", of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Oopk No. 21, Page 73.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded ~y Mr. Webber and adopted by the following vote: AYES: Council members Davies, Manes, Pickett, Msldrop, Webber, Young, and :he President, Mr. Moody .................... NAYS: None .......................... O. FIRE DEPARTMENt: The City Manager reported that under existing rules the pay )f Captain Eugene W. Meador who was injured September 2, 1955, while fighting a ire at the Virginia Scrap Iron and Metal Company plant cannot be continoed beyond ovembera, 1955, unless authorized by Council, and that Captain Meador would then to be placed on a Morkmen*s Compensation allowance, the City Manager ecommending that Council authorize the continuance of Captain Meador's pay during is convalescence. 445 Hr. Webber moved to concur In the recommendation of the City Manager and offered the following Resolution: (z12542) A RESOLUTION authorizing the continuance of pay to Captain ~ugene · . Meador; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 21, Page Ta.) Hr. ~ebber moved the adoption of the Resolution. The notion was seconded by Mr. Naldrop and adopted by the folloming vote: AYES: Council members Davies, Ilanes, Pickett, Maldrop, ~ebber, Young, and the President, Mr. Moody ..................... 7. NAYS: None ........................... O. REPORTS OF COMMITTEES: SALE OF PROPERTY: A committee consisting of Messrs. Arthur S. Owens, Chairman, Randolph G. Whittle and Barry R. Yates having reconsidered its report for the sale of Lots 6, 7 and 8, Block 39, West End and Riverviewo to Mr. Elbert B. Maldron, as directed by Council at its meeting of October 3, 1955, submitted a report, advising that Hr. Maldron has now offered $35000.00 for the lots, and recommended the sale of the~lots to Mr. Maldron at that price. Mr. Raldrop moved to concur.in the recommendation of the committee and to direct the CftyAttorney to prepare the necessary Ordinance and deed to carry out said recommendation. The motion was seconded by Mr. Banes and adopted. STREETS AND ALLEYS-MATER DEPARTMENT: Council at Its meeting of April 4, 1955, having referred to a committee consisting of Mayor Robert M. Woody, Messrs. Roy L. Webber, Walter L. Young, Arthur S. Owens and G. B. Ruston a communication from Mr. Clifton A. Woodrum, Jr., requesting water service to the Roanoke Electric Steel Corporatton*s plant and the grading, resurfacing and maintenance of Miller Street, B. M., from Shenandoah Avenue to the corporate limits of the city, the committee submitted a report that in its opinion water could be furnished the corporation by a connection at the termination of Mulberry Street with a 6-inch main, continued across the property of E; Engleman and throughthe property of the Norfolk and Western Railway Company to the north bank of Peters Creek at a cost of approximately $1,500~00, which sill require the installation of the main through easements~ contrary to the Rnlesand Regulations of the Mater Department, the committee advising further that Rt. Engleuan has tendered;a.requisiteeasement through his property and that the Norfolk and Western Railway Company has indicated its willingness to grant its usual form of easementor agreement through its property, that the Roanoke ~lectric Steel Corporation estimates it will use approximately three million gallons of water,per month at a cost of $675.00, county rate, and has guaranteed to purchase or pay for, duringthe firstTcalendar year of service, sufficient water to equal the costof the installation, that the Romania ~lectricSteel Corporation:will be required to bear the cost of the installation of a 4-inch meter amounting to approximately $1,3~2.00, the cozwittea, therefore, recomzending~that Council enact a Resolution authorizing the laying of the required main through the above-mentionedeasements. Mr. Waldrop moved to concur Is the recommendation of the committee nnd offered the folloming Resolmtiou~ (n12543) A RESOLOTION authorizing the Water Department to install n mnJa ie easements through the lands of E. £nglennn and the Norfolk nnd Western Railma! Company to serve the property of the Roanoke Electric Steel Corporation; and providing for nn emergency. (For full text of Resolution, see Ordinance Book Ho. 21, Page 74.) Mr. Mnldrop moved the adoption of the Resolution. The motion mas seconded by Mrs. Pichett and adopted by the follomiug vote: AYES: Council members Danes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .................... 6. NAYS: None ...................... O. (Mr, Davies not voting for personal reasons) SEMAGE DISPOSAL:' Council at its Peening of September 26, 1955. having referred to a committee consisting of Messrs. Roy L. Webber, Chairman, Malter L. Young, Arthur S. Owens and Randolph G. Mhittle a communication from the Board of Supervisors of Roanoke County, requesting that certain areas of the county be included in the contract of September 28, 1954, for treatment of sewage, the icommittee r~poFted that two of the areas mhJcb the county has requested be. ilincluded in the contract, situate north and east of the Roanoke Municipal Airport, lure relatively small and are close to areas heretofore included in the con'FaCt, ltherefore, the committee unanimously recommends t~at the county's request on these ltwo areas be granted, the committee reporting further that t)e area situate southmesterly of the city is large and that the committee has requested the Engineer to draw a metes and bounds description of it on a map, after the committee proposes to study the area on the ground and submit its :eport on that portion of the request. Mr. Davies moved to concur in the report of the committee and offered the Following Resolution: (~1~544) A RESOLUTION amending the contract of September 28, 1954, between Lhe City of Roanoke and the County of Roanoke dealing with the treatment of iomesttc and commercial wastes; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 21, Page Mr. Davies moved the adoption of the Resolution. The motion mas seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett. Waldrop, Webber. Young, and the President. Wt. Moody ............... NAYS: None ..................... O. SOLICITATIONS: Council at its meeting of October 10, 1955, having referred a committee consisting of Messrs. Herbert A. Davies, Chairman. John B. Waldrop, Roy L. Webber, Randolph O. Mhittle and English Shomalter a request of the Inter-Organization Council of Roanoke City and County that the' Council of the ;try of Roanoke adopt an Ordinance regulating the public solicitation of funds ~n the City of Roanoke, the committee submitted its report, recommending the ldoption of an Ordinance mhich it has prepared after study and consideration of :he problem and several similar Ordinances from other cities touching upon the subject. 447" Mr. Webber moved that Council concur Ju the recommendation of the committee and that the following Ordinance be placed upon its first readingz (~12545) AN ORDINANCE providing for the public safety, peace, comfort and welfare of tee City and its inhabitants by regulating solicitations rot charitable, educational, patriotic or philanthropic purposes; requiring registration of those engaged in solicitation for such purposes~ prohibiting solicitation by raise or fraudulent statements, device or deception~ and providing penalties for the violation of this ordinance. WHEREAS, the Council of the City of Roanoke has found that numerous persons have been and may be soliciting funds and property 1~ the City on the representation that such funds are to be used for charitable and religious purposes, when in truth and in fact such funds and property are being used wholly, or in large part, for the private profit of the unscrupulous individuals, promoting such solicitations; that a great variety of frauds and misleading devices are employed in such solicitation; that deliberate imitations of the names, slogans, and familiar devices of great and worthy charitable and religious organizations are fraudulently Imposed on the public; that, as a result of such pernicious activities honest and needed charities and religions are suffering from the susplcto~ engendered by these practices; that the residents of this City have in many cases been defrauded and inposed upon for lack of adequate protection; ~nd that the public safety, peace and welfare demand the exercise of the police power of this City in the enactment and stringent enforcement of this ordinance; THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permit required; exceptions. It shall be unlawful for any person, organization or society, or for any agent, member or representative thereof, directly or indirectly, to solicit property or financial assistance of any kind, to sell or offer to sell any article. tag. service emblem, publication, ticket, advertisement. Subscription or anything of value, on the plea or the representation that such sale or solicitation, or the proceeds thereof, is for a charitable, educational, patriotic or philanthropic purpose, on the streets, in any office or business building, by telephone, personal solicitation, by house-to-house canvass or in any other public or private place. by mail, or any other way, in the City, unless such person, organization or society shall have first been issued a permit as provided in this ordinance; provided, however, that the provisions of this ordinance shall not apply to any individual nor any society that is organized and operated exclusively for religious, educational, philanthropic, benevolent, fraternal, charitable or reformatory purposes, not operated for pecuniary profit, where no part of the net earnings of which inures to the benefit of any person, private shareholder or individual, and where the solicitation of such organization shall be conducted only among the members thereof by other members thereof or officers thereof, voluntarily and without remuneration for such solicitation, or where such :olicitation may be in the form of collections or contributions at the regular exercises or services of any church, religious society, lodge, benevolent order or fraternity or similar organization, or of any branch thereof. 2. Appllcotioz for permit, A written application for a permit to solicit for any cause as provided in Section I shall be sworn to end filed with the City Manager. and said application shall comtoin the following information: ~a) Name of organization or Individual applying for a permit to solicit (b) Names and addresses or principal officers and management if applicant is other than an individual. lc) The purpose for which any receipts derived from such solicitation id) The name of the person by whom the receipts of such solicitation shall be disbursed. (e) The name and address of the person who will be in direct charge of conducting such solicitation. if) An outline of the method to be used In conducting the solicitation. (g) The time when such solicitation shall be made. giving the proposed dates for the beginning and ending of such solicitation. to be expended or paid to anyone in connection with such solicitation, together ii) A financial statement for the last preceding fiscal year of any ands collected for the purposes set out in Section ! by the organization or arsons seeking a permit for such solicitation, said statement giving the amount ~f money so raised, together with the cost of raising it, and the final distribution thereof. (j) A full statement of the character and extent of the charitable. educational or philanthropic work being done by the applicant organization ~ithin the City. (k) Such other information' as may be required by the City Manager in order for him to fully determine the hind, character and worthiness of the proposed solicitation and as to whether or not such solicitation is in the~terest of protecting the health, life and property of the citizens of the City and in the interest of preserving and enforcing good government and for the security of the City and its inhabitants. 3. Same - Approval. Upon receipt of an application as provided In Section 2. the City Manager shall make or cause to be made such investigation as shall by him be deemed ~ecessary in regard thereto, in order to determine that such proposed solicitation is in fact to be conducted for a charitable, educational, philanthropic patriotic purpose, and that the proceeds from such solicitation shall be so ~sedo and if the City Manager shall be satisfied that such cause for which such solicitation is to be made is in fact for a charitable, educational,patriotic or 4'49- philanthropic purpose and that the proceeds derived from such solicitation will be used for such purpose, and that not more than twenty per cent of the gross proceeds from such solicitation shall be used in.the promotion expenses of such solicitation nnd that such solicitation Is act promoted or conducted primarily rot private profit of its promoters, and that such solicitation will not be in- compatible with the prot'~ctfon of'health, life and property of the citizens of the City, then he shall approve such application. 4. Adrlsory Commission on Public Solicitation. For the purpose of making any such investigation the City Manager is hereby authorized to appoint a commission to be hcowa as the Advisory Commission on Public Solicitation, to be composed of five (S) members, who shall be ci%izens of the Cfi7 and shall serve without remuneration. Of the first appointments hereunder, three (3) of the members shall be appointed for terms of one year, nnd two (2) for terms of two years, and thereafter members shall be appointed for terns of two years. The initial appointment of members of said commission shall become effective the 1st day of January,.lg56. Vacancies shall be filled by the City Manager for any unexpired terms, and the City Manager shall designate a member of the commission to be the chairman thereof. The City Manager may refer to said commission any such application for a permit for the solicitation of funds and upon receipt thereof said comuJssion shall mahe such investigation as Jt may deem necessary to determine whether, under the provisions of this ordinance, such applicant is entitled to such permit, and shall report to the City Manager the re~ult thereof, and its recommendations in the matter. $. Issuance of permit; duration; hearing in event of refusal. Upon approval, the City Manager shall issue a permit to an applicant to solicit for any cause as provided in Sectionl for such period as the City Manager may determine not to*exceed three (3) calendar months. Nosuch permit shall in any case be construed or be deemed to be an endorsement by the City, the City Macager or by the Adrlsory Uom=issJon provided for in Section 4 Of this ordinance of any such solicitation or of the purpose for which the same is made. In all cases where the City Manager declines to Issue a permit, the applicant shall upon request be granted ahearing by the City Manager or,by someone designated The City Manager may require-from any permittee hereunder any reportsor icformationatany timeaad.at snch intervals Ds in his discretion shall be necessary for the,proper administration of the provisions.of this ordinance and the protection of the health, life and property of the citixens of the City. · .... 7.- Permits non-transferable.. -. Any permit approved and issued ander this ordinaace shall be non-transferable; provided, homever, that this shall not prevent any permittee from using any number of solicitors as shall be reported to the City Manager. 450 8. Bevooation of permit. If, upon receipt of written information or upon his oma investigation, the City Ho~ager shall find that misrepresenting or making untrue statements with regard to solicitation, or has made untrue statements in the application, or that in any other uny the solicitation has been conducted or is being conducted in a manner*inimical to the protection of the health, life and property of the citizens of the City and not in conformity with the intent and purposes of this ordinance, or representing in any way that any permit granted hereunder is an endorsement of such solicitation, then it shall be his duty to revoke said permit; provided, however, that before any permit is revoked, the said ca'ay Hanager shall give the permittee a minimum of twenty-four (24) hours* notice in writing that a hearing is to be had, and that at said hearing the City Manager shall ascertain the facts, and if any reasons above set forth for revoking the permit are found to exist, the permit shall be revoked. 9. Fraudulent solicitation. It shall be unlawful for any person to ~nowingly make or perpetrate, or assist or aid in making or perpetrating, in any manner whatsoever, any misstatement, deception or fraud in connection with any solicitation of property or financial assistance for any purpose in the City of Roanoke. whether or not such person shall be required, under the provisions of this ordinance, to obtain a permit hereunder and mhether or not any such permit SO required shall have been obtained by such person. IO. Penalty for violation of ordinance. Any person, and in case of an organization or society, the agent or representative thereof, violating any provision of this ordinance, shall, upon conviction, be punished by a fine not exceedin9 fifty dollars ($50.00) or by imprisolment not exceeding thirty (30) days, or by both such fine and imprisonment. Each day's continuance of any violation of this ordinance shall constitute a separate offense. 11. Severabiltty. If any sentence, clause, section or other part of this ordinance shall for any reason be adjudged invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining parts or sections of this ordinance, which shall remain standing as if this ordinance had been passed with the invalid sentence, clause, section or part thereof eliminated; and the Council of the City of Roanoke hereby declares that it would have adopted this ordinance if such invalid part or parts had not been included therein. The motion was seconded by Mr. Young and adopted by the folloming vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber. Young. and the President, Mr. Woody ................... NAYS: None ......................... O. 451 UNFINISHED BUSINESS: ZONING: Coencil at Its meetl'ag of August 15, 1955, having referred to the City Planning Commission for study and recommendation the request of Cabell and Mary B. Dadley that their property located at 1427 Melrose Avenue, N. M., be rezoeed from Special Residence District to Business District, the City Pleating Commission sabmitted its report, orating that the Commission feels that there la no need for additional business property in t he immediate neighborhood at this time and recommending the denial of the request. Mr. Mebber moved to table the matter and to direct the City Clerk to ascertain mhether or not the petitioners desire a public hearing on the request. The motion was seconded by Mr. Maldrop and adopted. ZONING: Council at its meeting of August 1, 1955, having referred to the City Planning Commission for study and recommendation the request of G. E. and Pearl H. Cecil that their property located in the 1600 block of Melrose Avenue, N. W., be rezoned from Special Residence District to Business District, the City Planning Commission submitted Its report, advising that it is of the opinion that sufficient reasons bare not been presented to show the need for additional business property in the block in question and recommending the denial of the request. In this connection, the City Clerk reported that Mr. Irvin A. Harvey, Attorney for the petitioners, has requested that the petition be mithdramn. Mr. Naldrop moved to concur in the request and permitthe withdrawal of the petition. The motion mas seconded by Mr. Davies and adopted. ZONING: Council at its mantle5 of October 24, 1955, having directed the City Clerk to ascertafnmhether or not Ur. Truman J. Ross desires a public hearing on his request for rezoning of property located on the northwest corner of Melrose Avenue and Twenty-first Street, N. U., from Special Residence District to Business District, mhich the City Planning Commission has recommended be denied, the City Clerk reported that Mr. Richard F. Stone, Attorney for the petitioner, has advised that a public hearing is desired. Mr. Webber moved to hold a public hearing on the question at 2:00 o'clock, p. m., December 5, 1955, in the CouncllChamber. The motion was seconded by Ur. Waldrop and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING-SETBACK LINES: Ordinance No. 12535, granting permission to Mrs. E. J. Thomas to erect an addition to a building located on the north side of Orange Avenue, N. E., east of Tinker Creek, mhlch said addition may extend over the buildingsetback line heretofore established on the north side of Orange Avenue, having previously been before Council. for its first reading, read and laid over, was again beforethe body, Ur. Hanes offering the following for its second reading and final adoption: ¸52 (a12535) AN ORDINANCE aetharizing u certain encroachment aver the building setback line heretofore established on the north side of. Orange Avenue, N, (For full text of Ordinance, see Ordinance,Book No. 21, Page 69.} . Hr. Hanes Loved, the adoption of the Ordinance. The=motion was seconded by Hr. Waldrop and adopted by the following vote: NAYS: None ........... ~ ............. O. · BUDGET-COMPENSATION BOARD: Council at its meeting of October~lT, 1955, havlc heard the five constitutional.officers on,their,budget.requests for eke year (#12546) A RESOLUTION making recommendation to the Compensation Board for (For full text of Resolution, see Ordinance Book No. 21, Page by Mr. Waldrop and adopted by the folloming vote: (~12547) A RESOLU~IO~ making recommendation to the Compensation Board for for. thecalendar year 1956; and providingfor an emergency. NAYS: None ......................... O. by Mr. Naldrop n~d adopted by the followingvote: NAYS: None .......................... O. 453 (S12549) A RESOLUTION making recommendation to the Compensation Board for the fixing of salaries, expenses and other requirements in the office of the Commissioner of Revenue for the calendar year 1956; and providing for an emergency. (For full text of Resolution, see Ordinance Hook No, 21, Page HI.) Hrs. Pickett moved the adoption of the Resolution. The motion mas seconded by Hr. Hanes and adopted by the folloming vote: AYES: Council members Oavles. Hanes, Pickett, Wuldrop, Webber. Young, and the President, Hr. Woody ................... 7. NAYS: None ......................... O. Mr. Young offered the following Resolution mith reference to the budget of the Commonwealth Attorney: (~12550) A RESOLUTXON making recommendation to the Compensation Hoard for the fixing of salaries, expenses and other requirements in the office of the Attorney for the Commonwealth for the calendar year'lgSH; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 21, Page 62.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Hr. Naldrop and adopted by the folloming rote: AYES: Council members Davies, Ilanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .................... 7. HAYS: None .......................... O. MOTIONS AND MISCELLANEOUS BUSINESS: MATER DEPARTMENT: Mr. J. T. Sayers, 166 Buntington Boulevard. N. E., ap[ before Council and complained that water taken from his hot water taps in his home was discolored and that numerous visits have been made to his home by representatives of the Water Department who have been unable to discover the reason therefor. Mr. Webber moved to refer the matter to the City ~anager for his consideration and ~ecessory action. The motion was seconded by Mr. Waldrop and adopted. BONDS-GRADE CROSSINGS-SCHOOLS: Mr. Webber moved to hold a special meeting of Council at 12:00 o'clock, noon, Wednesday, November 2, 1955, for the purpose of receiving bids on $350,000.00 Jefferson street Grade Crossing Elimination Bonds, Series "HH", and such other business as may be necessary in connection therewith. The motion mas seconded by Mr. Waldrop and unanimously adopted. There being no further business, Council adjourned. APPROVED Wednesday, November 2, 1955. The ~o~s~il of the Clay-of Roanoke met in special m~tlng in the Council Chamber in the Municipal Building, Wednesday, November 2,'1955, at 12:00 o'clock, noon, for the purpose of receiving and opening bids and suarding sale of $350,000.00 Jefferson Street Grade Crossing Elimination Bonds, Series *BBw, of ~he'City of Roanoke, Virginia, doted December 1, 1955, mlth the President, Mr. Moody, presiding. PRESENT: Council members Davies, Ranes,'Plckett, Webber, and the President, Ur. Moody ..................... $. ABSENT: Messrs. Waldrop and Young .............2. OFFICERS PRESENT: Mr. Arthu~ S. ~mens, City Manager, Mr. James N. Rlncanon, Assistant City Attorney, Mr. Barry R. Yarns, City Auditor. and Mr. J. Robert Thomas, City Clerk. BONOS-G~ADE CROSSINDS-SCHOOLS: It appea~lng, under the provisions of Resolution No. 12494, adopted on the 19th day of September. 1955. that the City Clerk was directed to advertise for the sale of $350,000.00 Jefferson Street Grade Crossing Elimination Bonds, Series mllH#, of the City of Roanohe, Virginia, dated December 1, 1955, the said bids to be presented to Council at 12:00 o'clock, loon, Mednesday, November 2, 1955, pursuant to advertisement and due notice of ~ale, the said advertisement reserving the right to the city to reject any and ill bids, and in accordance with said Resolution, the advertisement providing that )roposals mould be received for the purchase of all, but not any part of the bonds, ~ight bids were presented to the body. In this connection, the President, Mr. Woody, stated that before the bids opened, Council mould like to know if any bidder present did not folly inderstand the proposal, whether anyone present had not been given an opportunity submit bids, and if there were any questions on the part of those who had ~ubmitted proposals relative to terms and conditions upon which the bids had submitted. No one present raising any question as to the advertisement and notice of sale, the President, Mr. Woody, reqaested the City Clerk to proceed with the ~ecing of the bids. After the opening and reading of the bids, on motion of Mr. Webber, seconded ~ Mr. Hanes and adopted, they were referred to the City Auditor for tabulation and report to Council as promptly as possible. Later during the meeting, the City Auditor submitted a tabulation of the bids showing the proposal of MaSOOoHagan, Inc., and C. F. Cassell ~ Co., Inc., with a net interest rate to the city of 1.992727 as the lowest bid; whereupon, Mr. Hanes offered the following emergency Resolution, providing for the sale of the ~350,000.00 Jefferson Street Grade Crossing Elimination Bonds, Series "HH', of the :ltv Of Roanoke, Virginia, dated December 1, 1955, to Mason-Hagan, Inc., and C. F. :assail ~ Co., Inc., as the best bid in the interest of the City of Roanoke: 455 (s12551) A RESOLUTION to sell to Mason-Hagan, Inc., and C. F. Cassell ~ Co., lac., $350,000.00 Jefferson Street Grade Crossing Elimination Bonds, Series uHHuo or.the City of Roanoke, Virginia, et the bid submitted; rejecting all other bids; directing that the certified chec~ accompanying the successful bid be de* posited by the City Treasurer and credit therefor be allowed on the purchase price of the bends; directing that the certified or cashier*s chec~ of all other bidders be forthwith returned; and providing for on emergency. (For full text of Resolution, see Ordinance Book No. 21, Page fl3.) The Resolution having been read in its ent'irety, Mr. Hanes moved its adoption. The motion Was seconded by Mr. Davies and adopted by the folloming vote: AYES: Council members Davies, Hanes, Pickett° Webber, and tbs President, Mr. Woody ................... 5. NAYS: None .......... 0. (Messrs. Wnldrop and Young absent) There being no further business, Council adjourned. APPROVED 456 COUNCIL, BEGOLA~ HEETING, Woedoy, November 7, 1955. The Council of the City or Roanoke met ia regular meetimg in the Council Chamber in the Municipal fluilding, Woodsy, ~ovemher ?, 1955, at 2:00 o'clock, p. m,, the regulor meeting hour, wlt~ the President, Hr. Moody, presiding. PR£SEHT: Council members Uavies, Hanes, Pickett, Waldrop, Webber, Young, end the President, Mr. Woody ...................... ~. ABSENT: None .............................. O. OFFICERS PRESENT: Mr. Arthur S. Onens, City Manager, Mr. James N. Elncanoo, Assistant City Attorney, Hr. Harry R. fates. City Auditor, and Mr. J. Robert JThoma$. City Clerk. The meeting mas opened with a prayer by the Reverend Ernest F. Sherfy, Pastor of the MillJamson Road Church of the Urethren. HEARING OF CITIZENS UPON PUBLIC MATTERS: STORM DRAINS: Pursuant to an advertisement of the Purchasing Agent, the following bids were received for the construction of a storm drain from Valley View Avenue..N. i., to the Watts property: Aaron J. Conner, $14,5fl9.25; R. S. Hudgins, $15,220.00; Stone and Webber Construction Company, Incorporated, $12,174.00; Wiley N. Jackson Company, $13,750.75; D, A, Uowles Company, $20,010.60; Gimbert and Gimbert. Incorporated, $15,096.75; and McUowall and Mood, Incorporated, $16,020.90. Mr. Young moved to refer the bids to Messrs. Arthur S. Owens, H. Cletus Broyles afld /larry g. fates for tabulation and report. The notion was seconded by Mr. Webber and adopted. ZONING: Council havioo set a public hearing for 2:00 o"clonk, p. m.. November 7, 1955, on the reqnest of Messrs. Paxton C. JudRe and J. B. Frolic that Lots 13-24. inclusive, Section A, Rap of Wlllianson Groves, be rezoned from General Residenoe District to Business District, whi'¢h request the City Plonnin0 Commission has recommended be oranted, and notico of the publio hearing having been published in The Roanoke World-News on October 22, 1~55, the hearing was held at which Rr. Co £. Hunter, Attorney for the petitioners, appeared in favor of the request and at which no obJeotioas mere presented by property owners or other l~terested parties. Mr. Davies moved that Council concur In the request of the petitioners and the recommendation of the City Planning Commission and that the follomlng Drdinance be placed upon its first reading: (c12552) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning, WHEREAS, application has been made to the Council of the City of Boanohe have the property located on the north side of Wayne Street, N. E., between MillJamson Road and Wilkins Street, described as Lots 13, 14, 15, 15, 170 10, 19, 20, 21, 22, 23 and 24, Section A, Yap of Willicmson Groves, designated as Official Nos. 30TO40T through 30T0412, both inclusive, rezoned from General Residence District to Business District: and MBEREAS, the City Planning Commiusion bas recommended that the chore tract uf laud be rezoned from General Residence District to Business Bistrict, as requested: and WH£REAS. notice required by Article Il. Section 43. of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning. has been published in 'The Roanoke World-News'. a newspaper published in the City of Roanoke. for the time required by said section: and MBEREAS, the hearing as provided for fn said notice published in the said newspaper was given on the ?th day of November. 19SS, at 2:00 o'clock. p. m., before the Council of the City of Roanoke in the Council Room in the Runicipal Building, at which hearing no objections were presented by property and other interested parties in the affected area; and WHEREAS, this Council. after considering the application and the evidence both for and against said rezoning, is of the opinio: that the above property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section I, of'Chapter 51 of theCode of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted iu the following particular and no other, viz~ The tract of land located on the north side'of Wayne Street, N. E., between Rilliamson Road and ¥tlkins Street, described as Lots 13, 14, 15, 16, ~7, 18, 1~, 20, 21, 22, 23 and 24, Section A, Map of Williamson Groves, designated OffictalNos. 3070407 throughaO?0412, both inclusive, be and the same is ~ereby changed from General Residence District to Business District, and the Map herein referred to shall be changed in this respect/ The motion was seconded by Mr. Hanes and adopted by the following vote: AVES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .................. T. NAYS: None ...... STREETS AND ALLEYS: Mr. L. ED Hurt, Jr., Attorney for Mitchell Clothing, [nuorporated~ appeared before Council and advised that the said corporation in constructing its new building at 28 Church Avenue, S. W., through an engineering 'constructed the rear wall of the building so that it encroached upon the alley between Church Avenue and Luck Avenue approximately two and one-half inches, Mr. Hurt requesting that Council adopt an Ordinance permitting the encroachment the alley to remain'until such tine as the building is destroyed or removed. Mr. Webber moved to concur in the request and to directtbe City Attorney to prepare the necessary Ordinance providing for the permission requested. The motion was seconded by Mr. Hanes and adopted.' 458 PETITIONS AND CON#UNICATIONS: ZONING: The City Clerk presented a communication from Hr. Leonard G. Base, lttorney for Fuel Oil and Equipment Company, Incorporated, requesting that u parcel of land containing approximately .62 acre located on the east side of ~. S. Highway No, 11, between Edgewood Street, S. #., and the center of Hud kick Creek, be rezoned from General Residence District to Business District. Mr. Uanes moved to refer the matter to the City Planning Commission for study and recommendation. The motion nas seconded by Mr. Waldrop and adopted, WATER DEPART#ENT: The City Clerk presented a communication from Mr. O. O.' ~lchols, offering to sell to the city rights to water flowing from a spring on his property at 3565 Yellou Mountain Road, S. £., reserving unto himself an amount of water sufficient for his household use, for the sum of $?,000.00. Mr. Webber moved to reject the offer and to direct the City Clerk to adyJse Hr. Nichols that the city has no need for the mater from thc spring. The motion ,was seconded by Mr. Young aod adopted. REPORTS OE OFFICERS: AIRPORY: Council at its meeting of October 10, 1955, having directed the City Manager to confer with The Cleaves Food Service Corporation and, with the aid of the City Attorney. reduce the proposal received from said corporation for the operation of the restaurant at the Roanoke ~unicipal Airport to a proposed formal contract that the corporation is agreeable to executing and which the City Manager considers agreeable on behalf of the city, said contract to be submitted to the body for its consideration, the City Manager submitted such a contract and an Ordinance authorizing the same. After some discussion, Mr. Webber moved to direct the City Attorney to revis~ the contract and Ordinance to provide that The Cleaves Fond Service Corporation hare the optional right to exclusive service of the nature covered by the contract over the entire Airport area and to specifically grant the right under the contract to The Cleaves Fond Service Corporation to supply meals to the air lines operating at the Municipal Airport for use aboard their planes, and to direct 'the City Manager to advertise for bids for the equipment contemplated under the PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that he las received a tentative proposal from Brs. Susie G. Horton to sell to the City ~f Roanoke a parcel of land located on the southwest corner of Salem Turnpike and ;wanly-fourth Street, N. W.o for a consideration of $2,000.00, said land to be ised for street purposes, with the understanding that Salem Turnpike will Immediately be widened to include this property and that curb and gutter will be installed along the new street boundary, including the curve of Twenty-fourth ~p-to-date appraisal of the property and to report to Council. The motion was seconded by Mr. Webber and adopted. 459. , PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at Its meeting st August 29, 19SS, buying referred to the City Manager u recommehdotioa of the City Planning Commission that the city acquire'load necessary to connect Short Avenue and Pocahontas Avenue, H, E** with instructions that he negotiate for the purchase of the necessary property, the City Manager reported that he bas had the land appraised by Mr. T. Howard Hoyer mbo has established a reasonable va~ue of $5oo.oo rot the land and $750.00 for'damage to the residue thereof, making a total of $1,250.00, thai'negotiations with Mr. James G. McConkey, the owner, have brought an otter from Mr. McConkey to sell the land to the City of Roanoke asr $1,500.00 that subsequent to receiving the appraisal and the offer Mr. McConkey,'in conference, has agreed to a price of Hr. Danes moved to table the matter tot consideration during the study of the lqS6 budget. The motion was seconded by MF. Maidrop and adopted. HUDGET-JUVENILE DETERTION ROME: The City Manager reported that it will be necessary to replace nine mattresses at the Javenile Detention Home since the ones in use ore irreparable and requested an appropriation of $114.75 for the purchase Of the said mattresses; the City Manager advising that the State Department st Weltare and Institutions has agreed to reimburse the city one hundred per cent of the said amount. Rt. Waldrop moved to concur in the request and offered the following emergen Ordi'nance: (u12553) AN ORDINANCE to amend and reordain Section #31o 'Juvenile Detention Home", of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinaoce, see Ordinance Book No. 21, Page Mr. Waldrop moved the adoption of the Ordinaoce. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett~ Waldrop, Webber, Young, and the President, Mr. Moody--- ............... 7. NAYS: None ........................ O. BUDGET-MILITARY COMPANIES: The City Manager reported that the National Guard has'been~unable, to vacate the property used by it at 412 South Jefferson 5treat because~of the delay in the completion of the National Guard Armory and requested a transfer of $125.00 from Insurance to Rental in the Militia account of · the 1955 budget tocover the rental for the month of November, 1955. Mr. Waldrop moved to concur in the request and offered the following iemergency Ordinance: ~ : '~ (~12554) AN ORDINANCE 'to amend and reordain Section #68° 'Militia", of the 1955 Appropriation Ordinance, and providing for an emergency.~ - (For full text of Ordioance, see Ordinance Book No. 21, Page 90.) Mr. Waldrop moved the adoption of the Ordinance'. The motion was seconded by Mr. Davies and adopted by'the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr.. Woody ..... - ............. 7. NAYS: None ......................... O. 4'60 BODGET-DOGS: The CJt7 Damager reported thot he his received m bill from the State Game Marden for hilling twelve dogs in the city during the mouth or October, 1955, at $2.50 each,~mnd requested on appropriation of $30.00 for the payment of said bill. , . #r. Hanes moved to concur in the request and offered the following emergency Ordinance: (s12555) AN OgDINANCE to emend and reordeJm Section s67. 'Dog Tax Administration"., of the 1955 Appropriation Ordinance. and providing for an (For full text of Ordinance~ see Ordinance Book No. 21. Page 90.) Mr. Hanes uoved the adoption of the Ordinance. The notion was seconded by Dr. Young and adopted by the following vote: AYES: Council members Davies. Danes. Pickett, Maldrop, Webber. Young, and the President, Mr. Moody .................. 7. NAYS: None ........................ O. FIRE DEPARTMENT-POLICE DEPART#EDT: The City Banager reported the employment of Thomas Luther Ayers'as a member of the Fire Department, effective November 1, 1955, and the resignation of Douglas C. Drahnm from the Police Department, effective November IS. 1955. The report was ordered filed. REPORTS: The City Manager submitted a report of departmental reports on file in his office covering the month of September, 1955. The report was ordered filed. SEWERS-STREETS AND ALLEYS: Council at its meeting of October 24, 1955, bavit directed the City Attorney to prepare the necessary Ordinance to provide for the acceptance of a 30-foot wide strip of land extending from the south side of Shenandoah Avenue, N. M., in a southerly direction to Baker Avenue, from Mrs. Florence M. Jones and Mr. Robert Murray Johnson, os recommended by a committee consisting of Messrs. Randolph D. Whittle and Marry R. Yates, the City Attorney reported that he has prepared such an Ordinance on the basis of a tentative deed presented by Dr. R. R. Rush, Attorney for Mrs. Jones and Mr. Johnson, and advised that adnptton of the Ordinance and acceptance of the deed would be contrary to prior policy of Council because of the condition contained in the deed requiring that the property be used for street purposes, and that in the event it ~hould cease to be so used, the fee simple title to the land would revert to the present Dr. Rush, upon question, advised that his client s only offered the land for use asstreet purposes for the convenience of the city and are not themselves interested in having the street opened, further that his clients are willing to give the city a right-of-way for the sewer constructed across the property in lieu of the street should the city so desire. Mr. Dabber stated that acceptance of a 30-foot wide street, as offered, mightbe contrary to the provisions of the Subdivision Ordinance and moved to refer the matter to the City Manager for study and recommendation. The motion was seconded by Mr. Dayles and adopted. 461 REPORTS OF CORRITTEES: ELECTRICAL CODE: Rt. E. L. Briedel. Chalrnnn of the Electrical Code Committee, In a communication, reported that u study or the Electrical Code bas been started end ia the opinion of the committee mill require more than the sixty days allowed.in the Resolution or appointment and requested that Council grant the committee a thirty day extension thereof. Hr. #aldrop moved to concur in the request or the Electrical Code Committee, The motion was seconded by Hr. Hanes and adopted. TRAFFIC-GRADE CROSSINGS-STREETS AND ALLEYS: The City Planning Commission submitted a report, recommending u project for widening, relocating and realigning streets and constructing an underpass under the tracks of the #lanSon-Salem Division of the Horfolk and YesternRailmay Company in the vicinity of said railroad and Church Avenue end Tazemeil Avenue, S, E. RF. Webber moved to take the matter under consideration and to hold a meeting at 8:00 o'cloth, p; m.. January 5. 1956. in the Council Chamber. for consideration of the recommendation, and that the City Planning Commission be requested to meet with Council at that time. The motion mas seconded by Mr. Waldrop and adopted. UNFINISHED HUSINESS: EASEMENTS-STREETS AND ALLEYS: Council at its meeting of October 24, 1955, having referred to the City Planning Commission for study and recommendation a communication from the Norfolk and Western Railway Company, proposing to relocate a segment of its Winston-Salem line and requesting the city to relocate Norfolk Avenue in the vicinity of the Jefferson Street Viaduct, the City Planning Commission submitted its.report, recommending-that Council grant the request of the Railway Company. '' Mrs. Pickett moved to concur in the recommendation of the City Planning Conmisaion and to direct the City Attorney and the Attorney for the Norfolk and #astern Railway Company to prepare thenecessary documents to carry out'the . request of the Railway Company. The motion mas seconded by Mr. Nebber and adopted by the following vote:~ . AYES: Council. members Davies, Hanes, Pickett, Waldrop, Webber, and the Prestdent~ Mr. Woody .................. NAYS: None---~ ............ ~---0. (Hr. Young not voting for personal CONSIDERATION OF CLAIRS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTION: SOLICITATIONS: Ordinance No. 12545, regulating the public soliciiation of funds in the City of Roanoke, having previously b~en before Council for its first reading, read and laid Over, was again' before' the' body, Mr. Davies offering the following for its second reading and'final adoption: (=12545) AN ORDINANCE providing for the public safety, peace, comfort and welfare of the City and its inhabitant's by regulating solici'tations for charitable, educational, patriotic or philanthropic purposes; requiring registration of those engaged in solicitation for such purposes; prohibiting solicitation by false or fraudulent statements, device or deception; and providing penalties for the violation of this ordinance. (For full text of Ordinance, see Ordinance Hook No. 21, Page DS.) Nv. Davies moved the edoption of the Ordinance. The motion mfs seconded by #r. Woldrop nod adopted b7 the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop~'Webber, Young, and the President, Ur. Woody ................... ?. NAYS: None .......................... O. SALE OF PROPERTY: Council at its meeting of October 31, 195S, having dlrecte~ the preparation of nn Ordinance, providing for the sale of Lots 6. T and 8, Dloch 39. Nest End and Rlverview Map, to Nr. Elbert fi. Waldron, at a price of $3.000.00. as recommended by its Real Estate Comwittee, Mr. Nanesmoved that the following Ordinance be placed upon its first reading: (z12556) AN ORDINANCE providing for the sale of Lots 6, ~ and fl, Rlock 39. according to the Rest End and River View Rap, upon certain terns and conditions. WR£R£AS, the City is the owner of three lots or parcels of land herelonfter described, and one Elbert H. Waldron has offered ~o purchase the same from the City at o price of $3,000.00, cash; and #IIEREAS. the City's Real Estate Committee. to whom said matter has hereto- fore been referred, has viewed said lots and appraised the value of the same and has recommended to the Council that the aforesaid offer be accepted; nad RHEREAS, the Council is of opinion that the offer hereimabove mentioned represents a fair price to be required for the purchase of said property and that it is to the best interests of the City to accept said ~ffer and authorize a sale of said lots upon the terms and conditions hereinafter provided; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of Elbert R. Naldron to purchase from the City those three certain lots or parcels of land known as Lots 6, ? and O, Block 39, according to the Nest End and River View Rap, at a purchase price of $3.000.00. cash, net to the City, less Federal revenue stamps to he affixed to the City*s deed of conveyance, be, and it is hereby, accepted. BE IT FCRTDER ORDAINED that the proper City officials be, and they are hereby, authorized and directed, upon payment by the said purchaser, of the sum of $3,000.00 cash, to the City at the office of the City Clerk. to execute and deliver to the said purchaser the City*s deed of conveyance upon such form aS is approved by the City Attorney or the Assistant City Attorney conveying said property to the said purchaser with Special Rarranty of title, and that the purchase price received therefor be paid into the General Fund of the City. The motion was seconded by Mr. Davies and adopted by the following vote: AVES: Council members Davies. Hanes, Pickett. Waldrop, Webber, Young, and the President, Mr, Woody ................. NAYS: None .......................... O. MOTIONS AND MISCELLANEOUS BUSINESS; TRAFFIC-ELECTIONS: Mr. Hughes T. Angell appeared before Council and stated that the recent ban on parking on both sides of Franklin Road, S. W., south of Roanoke River, makes it impossible for voters to parh at the voting place for South Roanoke Precinct No. 3, which precinct has nine hundred registered voters, and requested that Council consider permitting parking on election days during polling hours. 463. Mr, Webber moved to refer the request to the City Manager for his consideration, The motion was seconded by Mro Hanes sod adopted, BUILDING CODE: The Mayor ashed for nominations to fill · vacancy on the Board of Appeal, Building Code. Yr. Young placed in nomination the name of Barry F. Smith, Mr. Webber moved to close the nominations. The motion was seconded by Mr. Davies and adopted. Mr. Smith was elected as a member ~f the Board of Appeal, Building Code. for a term of five years ending September 30, 1960, by the following vote: AYES: Council Members Davies. Banes. Pickett. Waldrop, Webber. Young, and the President, Mr. Woody ................... 7. NAYS: None ......................... O. LEDISLATtON: The Mayor stated that a tentatively scheduled meeting on Wednesday evening for a discussion uith the legislators of legislative problems should be considered since Senator Earl A. Fitzpatrick will not be in the city at that time. Mr. #ebber moved to hold a special meeting for consultation with the members of the Virginia Oeneral Assembly from Roanoke ut 12:00 o'clock, noon. Monday, November 14, 19S5, in the Council Chamber. The motion was seconded by Mr. Maldrop and adopted. There being no further business, Council adjourned. APPROVED President 46:4 .. COUNCIL* SPECIAL MEETING, · . Monday, November 14, 1955. The Council of the City of Roanoke met ia special meeting ia the Council Chamber in the aun.!cipal Building, Wonduy, November, 14, 1955, at 12:o0 ,*clock, noon, ~lth the President, Mr.' Woody, presiding. pRESENT: Council members Davies, Wanes. Pickett. Waldrop, Webber, Young. and the President, Hr. Woody ..................... ABSENT: None ............................. O. OFFICERS PRESENT: Mr. Arthur S. Owens, .City Manager, Mr. James N. Rincanon, Assistant City Attorney, Mr. Harry R. Yak,so City Auditor, and Mr. J. Robert Thomas, City Clerk. LECXSLATURE-C.ITY CHARTER: ~he Mayor stated that the purpose for which the meeting had been called was to discuss with Roanoke's representativesin the General Assembly of Virginia the need for certain state legislation in connection with the operation of the city government, and expressed the appreciation of Council to Senator Earl A. Fitapatrich and Delegates K, asea Gregory and Julian Rutherfoord, Jr., for being present at the meeting to discuss the matters with the.body. Br. Webber stated that the general upward trend in cost of operating the municipal government makes it necessary for the city to seek additional revenue and asked if the Roanoke members of the General Assembly have any suggestions to offer as to what new sources of revenne might be available to the city, or if they know of any additional revenue that might be expected from the Commonwealth after the coming session of the General Assembly, Senator Fitzpatrick replying that they know of no sources from which the city might acquire new or additional revenue and that insofar as be knows there is no plan for the coming session of the General Assembly to levy new taxes which might be distributed to the localities. Mr. Webber then stated that apparently the only way the city can acquire a reasonable amount of additional revenue is to amend the city's charter to remove the tax limit on real and personal property, to mhich Mr. Fitzpatrick replied that R,an,he's members in the General Assembly will not undertake the passage of such legislation unless and until the question has been submitted in a referendum to the electorate of the city and approved in such a referendum. Mr. Webber then asked if the members of the legislature will sponsor a bill to provide for submission to the freeholders in connection with future issues of non revenue bonds a provision for an increase in property taxes to provide for operating costs for the projects covered by said bonds in the same manner as the charter presently provides for increased taxes to pay for principal and interest of non revenue bonds, Mr. Fitzpatrick stating that the members of the Roanoke delegation have given considerable thought to the question proposed by Mr. Webber and feel that such action would be doing by indirection what they cannot do directly and that they have concluded that the only answer would be to submit the question of removing the tax limit to the people of the city in a referendem as stated before. 465 Mr. Webber further asked if Section 22-126 of the 1950 Code of Virginia, ac amended, which provides for special school tax levies, permits the city to levy additional taxes thereunder, to mhich Hr, Fitzpatrick replied thor Section 2 (1) of tke City Charter specifically prohibits the city from levying additional taxes under the section referred to and that In addition Section 22-130 of the 1950 Code of Virginia also prohibits the abrogation of charter provisions by Section 22-126. Hr. tinges ashed if the legislative intent of the acts referred to is to prohibit abrogation of the charter provisions limiting tax rates, to mhich Hr. Fitzpatrick replied in the affirmative. Mr. Fitzpatrich then stated that the members of the legislature from Roan*he ruUy realize Conncil'a predicament and that he is willing to introduce legislation to au*nd the charter of the city to provide for an increase of property taxes If and when Council submits the question to a referendum and the electorate approve, advising that such a measure will eliminate delay if such a referendum is held at a date too late to permit the legislature to act during its regular session. Hr. Ruth*ri**rd stated that he believes the city can expect some increase in state aid funds after the meeting of the General Assembly. Rr. Gregory stated that while the city might expect some increase he dues think it will be sufficient to relieve the city*s financial problems and that he can see no answer other than submitting to the people the question of removing the limit on property taxes. Mr. Nebber then stated th~ transportation costs of pupils in the city*s schools are paid from local funds, whereas the same costs in the county are participated in by the Commonwealth, and that the City of Roan*he receives about ten per cent of its public health costs from the Commonwealth, mherea$ approxi- mately sixty per cent of public health costs in the county are reimbursed, and that apparently there are different ways of disbursing state funds for general school operation which are discriminatory against the city and asked whether or not members of the legislature can do anything about it, Mr. Fitzpatrick advising that Mr. Sebber's statements are true and that Roanohe*s delegates will look into the matter and attempt to provide for a more equitable distribution of state funds. Mr. Young advised the members of the Roanoke delegation that on numerous occasions the city bas been denied its proper share in the distribution of state funds by reason of the fact that the city had, through its own efforts, boosted the salaries of teachers in the city, whereas communities which had not put forth the local effort made by Roanoke had been the recipients of equalization funds. Mr. Fltzpatrich then stated that there were several items on the agenda for discussion which were purely administrative matters and that Roanoke*s delegation to the General Assembly will introduce legislation to cover the matters upon request of Council, and consequently could see no need of discussing them at the present time, stating further that because of the pressure of business expected at the next session of the General Assembly it will be best if Council mill let the 466 Roanoke delegation haow Its desires in these adninlslretive matters as early as possible In order that legislation might be introduced ia the early days of the legislative session. Mr. Webber then asked if the members of the General Assembly will lntrodace legislation to provide that constitutional offices in the city maintain the same schedule of hours as other city offices and to provide for vacation and sich leave for constitutional officers and their employees on the sane schedule as that provided by Council for other municipal employees, Mr. Fitzpatrick replying that the delegation will be glad to study the matter, but that such legislation will have to be provided by general law and applicable throughout the state. There being no further business, Council adjourned. APPROVED 467. COUNCIL, REGULAR MEETING, Monday, November 14, 1955. The Council of the City of R,an,he met in regular meeting in the Council Chamber in the Municipal Building, Monday, November 14, 1955, at 2:00 o*cloch. p. m., the regalar meeting hoar, uith the President, Mr. Moody. presiding. PRESENT: Council members Davieso Hanes, Pickett. Maldrop. Mebber, Young, and the President, Mr. Moody ............... ?. ABSENT: None ....................... O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. James N. Kincauon, Assistant City Attorney, Mr. Ilarry H. Yatea, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend Merlin E. Gather, Pastor of the Central Church of the Brethren. MINUTES: Copy of the minates of the regular meeting held on Monday, October 31, 1955, having been furnished each member of Council, upon motion of Mr. Davies, seconded by Mr. Maldrop and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. November 14, 1955, on the request of the Roanoke Valley Realty Corporation that .Panorama Avenue and Dexter Street (formerly Millow Lane), N.M., between Fnirviem Road and Nest Side Boulevard, be permanently vacated, discontinued and closed, which request the City Planning Commission has recommended be granted, and notice of the hearing having been published in The Roanoke N,rid-News on October 29, 1955, os required by law, the City Clerk presented a report of viewers appointed under Resolution No. 12524,.adopted by Council on the 10th day of October, 1955, advising that in their opinion no inconvenience whatsoever would result from the vacating of said streets. In this connection, Mr. N. B. G,chert,ur, Attorney for the petitioners, appeared in favor of the request. .* gr. James P. Hart, Jr., Attorney For E. B. Lemon and Son, Incorporated, owners of Lots 4, 5 and 6, Section D, Panorama Heights, appeared before Council in opposition to the proposal, Mr. Hart stating that to close Panorama Avenue, as requested, would be detrimental to his client*s interests, and requested that the hearing be.continued for one week to permit.him and Mr. G, chaR,ur to discuss the matter uith the City Planning Commission ia an attemptto arrive.at a satisfactory mutual solution. Mr. Hanes moved to continue the hearing until 2:00 o'clock, p. m., Monday, November 21, 1955, in the Council Chamber. The motion was seconded by Mr. Davies and adopted. ~ ZONING:A public hearing having been set for 2:00 ,*clock, p. m., November 14, 1955, on the request of Mr. C. F. Refouver that a triangular tract or,land 468 located on Brambletoe Avenue and Ashby Street, S. Woo be retorted from General Residence District to Business District, and notice of the hearing having been published in The Roanoke World*News on October 28, 1955, as required by law, and the City Planning Commission having previously submitted its report, recommending that the request be denied, the hearing was held. In this connection, the City Clerk presented petitions from residents 1~ the area both for and against the proposed reuonlng. Appearing in favor of the proposal, mere Mr. C, F. Rerauver and his Attorne Mr. Richard T. Edwards, Mr. Woodrow ¥. Angle and Mrs. Robert L. Price. Appearing in opposition, were Mr. J. M. Jemett, Mr. C. E. Hilton, Mr. T. Kesler and Mr. T. T. Mayo. Mrs. Pickett moved to concur in the recommendation of the City Planning Commission and to deny the request for retorting. The notion was seconded by Mr. Davies and adopted. HUOGET*SCROOLS: Council at its meeting of November T, 1955, having reqneste the Roanoke City School Board to meet with the body for a discussion of the 1956 School Badger, as proposed by the Board, the School Board appeared, Mt. J. P. Cruickshank, Chairman, stating that the budget request In the aaount of $4o645,643.B1, as presented to the City Manager, was based on minimum essential requirements under present operations, and requested that Counmil give serious consideration to the adoption of the budget as presented. After some discussion, Mr. Webber moved to take the School Board's budget request nnder consideration for further study along with the rest of the 1956 proposed budget. The motion was seconded by Mt. Waldtop and adopted. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: The City Clerk presented a communication from the Appalac~ Electric Power Company, reporting the installation of one 2500 lumen street light during thc month of October, 1955o The communication was filed. AIRPORT: The CiaI Clerk presented a communication from Piedmont Ariation, Incorporated, transmitting a copl of an application submitted by the said corporation to the Civil Aeronautics Hoard for permission to change the serve pattern on Segment 4 of Route 07 of its schedule so as to omit stops at Princeton-Bluefield, West Virginia, on all flights of said segment in excess of one round trip per day. Ur. Mebber moved to refer the communication to Messrso Arthur S. Owens and James N. Kincanon for study as to its effect on passenger trarel into the Roanoke Municipal Airport and recommendations ia connection therewith. The motion was seconded by Mr. Hanes and adopted. REPORTS OF OFFICERS: HHDGET-AIRPORT: The City Manager reported that gasoline and oil sales at the Roanoke Municipal Airport are tn excess of estimates for the year and recommend that an appropriation of $8,000.00 for gasoline and oll for resale in the Airport account of the 19§5 budget be made. 469 Mrs. Pickett moved to concur in the recommendation of the City #meager and offered the following emergency Ordinance: (n1255T) AN ORDINANCE to amend and reordain Section z87, #Airport', of t~ 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Uook No. 21, Page 92.) Hrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Davies, Danes, Pickett, Ualdrop, Rabbet, Young, and the President. Mr. Moody ................... ?. NAYS: ~one ......................... O. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager presented a report recommending the purchase of a strip of land from Mr, Cecil L. Minnix, Jr.. on the front of Lot IS, Block lO, Rlverdale Farm Corporation Map, located on the north side of Rlverdale Road, $. E., east of Barton Street, at a price of $25.00, to be used for street wide~lngpgrpo~es. Mr. lianas moved to refer the matter to the City Attorney for preparation of Ordinance authorizing the purchase as recommended by the City Manager. The motion was seconded by Mr. Young and adopted. STREET LIGIITS: The City Manager recommended the installation of twenty 6000 lumen overhead incandescent street lights and the changing of Seven existing 2500 lumen overhead incandescent street lights to 6000 lumen units on Reserve Avenue, S. W., Jefferson Street and Franklin Road, S. W., in the vicinity of Raher Field. Mr. [lanes moved to concur in the recommendation of the City Manager and offered the following Resolution: (~12550) A RESOLUTION authorizing the installation of additional street lights and the replacement of certain existing street lights in the area around Maher field. (For full text of Resolution, see Ordinance Book No. 21, Page 93.) Mr. Names moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Co~ncilmembers Davies, Hanes, Pickett, Maldrop, ~ebber, Young, and the President, Mr. Roody .................... ?. NAYS: None .......................... O. BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager recommended an appropriation of $2,000.00 to the Refunds and Rebates account of the 1955 budget to provide for payment to the state of the federal and state portions of welfare rants recovered. Mr. Young moved to concur in the recommendation of the City Manager and flared the following emergency Ordinance: (z12559) AN ORDINANCE to amend and reordain Section =154, 'Refunds and RebatesN, of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 94.) 470 Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Hanea and adopted by the follcmlng vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody .................. 7. NAYS: None ........................ O. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: HONDa-ACADEMY OF MUSIC: The City Clerk reported that the freeholders election on the question of issuing $1,500,000.00 of bonds for the erection of a hem municipal auditorium to be located in the southmest portion of Elmmood Park in the City of Roanoke, Virginia, held on November 6, 1955, bas been canvassed and submitted the folloming Certificate of Canvassers: "CERTIFICATE OF CANVASSERS Me, the undersigned Canvassers of election, appointed by the Electoral Board of the City of Roanoke, pursuant to an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 1st duy of August, 1955, to take the sense of the freehold voters of the City on the question of endorsing the follomiug Ordinance: 'An Ordinance directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine whether the freehold voters of the City of Roanohe will approve an ordinance, No. 12452, duly adopted by the Council of the City of Roanoke on the la* day of August, 1955.' do hereby certify that at an election held on the 8th day of November, 1955, votes were cast as follows: QUESTION: Shall Ordinance No. 12452 adopted by the Council of the City of Roanoke on the 1st day of August, 1955, entitled tan Ordinance to provide for the issue of bonds not to exceed ONE MILLION FIVE ilUNDRED THOUSAND DOLLARS ($1,500,000) to provide funds to pay for the cost of a needed per=anent public improvement, to-wit: a new municipal auditorium to be located in the southwest portion of Elm.god Park, in the City of Roanoke, Virginia*, be approved? FOR 2400 AGAINST 8816 GIVEN under our hands this lOth day of November, 1955. (Signed) EMurk Fisher (Signed) O. B. Saunders (Signed) C. H. Sommard~hl (Signed) Frank A. Engleby (Signed) O. S. Clarh ATTEST: (Signed) J. Robert Thomas City Clerh" The certificate mas ordered filed. STORM DRAINS: Council having received bids for the construction of a storm drain from Valley~View Avenue, N. W., to the Watts property, at its meeting of November 7, 1955, and referred said bids to Messrs. Arthur S. Owens, H. Cletus Hroyle$ end Harry R. Yates for tabulation, the committee submitted a tabulation of the bids, showing the bid of Stone and Webber Constrnction Conpanyt Incorporated, in the total amount of $12,174.00 as low. 4'7! Mr. Webber moved to award the contract for the construction of the said storm drain to the low bidder and offered the following Resolution: (a12560) A RESOLUTION accepting the proposal of Stone and Webber Constructio Company, Incorporated, Salem, Virginia, rot the construction of a storm drain from Valley View Avenue, N. M** to the Watts property, in the total sum of $12,174.00; authorizing and directing the City Yanoger to execute the requisite contract; and providing for an emergency. (For fulltext of Resolution, see Ordinance Book No. 21, Page 94.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the follouing vote: AYES: Council members Davies. lianas, Pickett, Waldrop, Webber, Young, and the President, Wt. Woody ................... T. NAYS: None ......................... O. REFUNDS AND REBATES-SEWAGE DISPOSAL: Council at its meeting of October 17, 1955, having taken under consideration the re,quest of the Canada Dry Bottling Works for a refund of $424.65 for an alleged overcharge for sewage treatment covering a period from July, 1952, through February, 1954, uhtch refund the City Attorney has advised is not legally due. the matter was'again before the body. Wa. Webber moved to deny the request. The motion was seconded by Mr. Hanes and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUYIONS: ZONING: Ordinance No. 12552, rezoning property located on the north side of Rayne Street, N. E., betueen Williamson Road and Wilkins Street, described as Lots 13-24, inclusive, Section A, Williamson Groves, from General Residence District to Business District, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Davies offering the follouing for its second reading and final adoption: (=12552) AN ORDINANCE to amend and reenact Article I, Section l, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 21, Pageql.) Wa. Davies moved the adoption of the Ordinance. The motion vas seconded by Mr. Hanes and adopted by the following vote: AYES: Councilmembers Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .................... NAYS: None ....... ~ .................. O. SALE OF PROPERTY: Ordinance:No. 12556, providing for the sale of Lots 6, 7 and 8, Block 39, Wdst End and River View, tort. Elbert H. Waldron, at a price of $3,000.00, having previously been before Council forits first reading, read and laid over, was again before the body, Wa. Waldrop offering the folloming for its secondreadtng and final adoption: (x12556) AN ORDINANCE providing forthe sale of Lots 6, 7 and 8, Block 39, according to the West End and River View Rap, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 21, Page 92.) Hr. Nnldrop moved the adoption of the Ordinance. The motion massecouded by Hr~ Honer eld adopted by tbe'follouingvote: AYES: Council wembers Davles~ Hanes, Plckett~ Neldrop, #ebber; Young, and the President, Hr, Needy~ .................. 7. '' NAYS: None ......................... O. EASEHENTS-STREETS AND ALLEYS: Council at its meeting of November ?, 1955, having directed the City Attorney to prepare necessar7 documents to carry out the request of the Norfolk and Mestern Railway Company for the relocation of a portion of its Winston-Salem line and the relocation of Norfolk Avenue in the vicinity of the Jefferson Street Viaduct, as recommended by the City Planning Commission, Mr. Hanes offered the following emergency Ordinance: (u12561) AN ORDINANCE approving, in general, a plan providing for the relocation of a portion of Norfolk Avenue, S. E.; proposing the vacating and closing of other portions of NOFfolk Avenue; proposing the abandonment and relocating of a certain portion of the Winston-Salem line of the Norfolk and Western Railuay Company and the relocation of certain railway grade crossings; proposing the City's acquisition of certain properties in connection with said street relocation; providing for the establishment of a street to serve as a con- necting link between Salem Avenue, S. E., and Norfolk Avenue; authorizing and directing the preparation of plans and specifications necessary to effect said street improvements; providing for a public hearing on the question of the relocation, vacating and closing of various portions of Norfolk Avenue; authorizing and directing the City Manager to proceed to ascertain the cost for the coostructioa of said improvements; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 95.) Hr. Hanes moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Davies, Banes, Pickett, Maldrop, Webber, and the President, Hr. Woody ................... NAVS: None ..................... Oo (Mr. Young not voting for personal reasons) STREETS AND ALLEYS: Council at its meeting of November 7, 1955, having directed the City Attorney to prepare the necessary Ordinance, granting permission to Mitchell Clothing, Incorporated, to maintain an encroachment of its building at 28 Church Avenue, S. W., into a 10-foot wide alley in the rear of said building a distance of 2 1/4 inches at the southwest corner and 2 1/2 inches at the southeast corner, Mr. Davies moved that the following Ordinance be placed upon its first reading: (n12562) AN ORDINANCE granting permission to Mitchell Clothing, Incorporate to maintain a certain encroachment over the north line of an alley running between Church Avenue, S. W., and Luck Avenue, S. W., east of 1st Street, S. W., upon certain terms and conditions. MHEREAS, upon the recent construction of a building upon Lot 5, Oloch 16, Sheet Southwest No. I of the Mup or the Official Survey. whlc~ ~aid property is owned and occupied by Mitchell Clothing, Incorporated, the rear mall of said building was so constructed us to encroach over the rear property line of said lot and ia~n the 10-foot Wide'u~ley at the rear of suid lot a distance of 2 1/4 inches at the'southmest corner of said building end a distance of 2 1/2 inches at the southeast corner of said building, which said rear mall extends distance of 25.0 feet along said alley; and MREREAS, ~ald ~' '' encroachment appears to have been innocently and inadvertently made due either to some minor error of survey or of construction but does not, in practical effect, abridge or destroy any right to the use of said alleY; and MHEREAS. said owner has petitioned thi~ c~uncil for authority to m~intain said encroachment upon the terms and conditions hereinafter provided; THEREFORE, BE IT ORDAINED by the council of the City of Roanoke that permission be, and the same is hereby, granted to Mitchell Clothing, Incorporated, to maintain, subject to the terms and conditions hereinafter provided, the encroach- ment of the rear wall of a certain extstin9 building on Lot 5, Block 16, Sheet Southmest No. I of the ~ap of the Official ~urvey, over the rear line of said lot and into the lO-foot wide public alley running between Church Avenue, S. M., and than 2 1/4 inches into said alley at the southmest corner of said building and not more than 2 1/2 inches into said alley at the southeast corner of said building; provided, however, that the aforesaid permission so granted shall be held and deemed to be a license merely and shall be revokable at the pleasure of this Council or of the General Assembly or upon the removal or destruction of said existing building and that the said ~itchell Clothing, Incorporated, shall, by acting under this Ordinance, be deemed to agree to indemnify and save harmless the City of Roanoke from all claims for damage to persons or property by reason The motion was seconded by Hr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, #ebber, Young, and the President, Mr. Moody ...................... NAYS: None ............................ O. MOTIONS AND MISCELLANEOUS BUSINESS: STREEYS AND ALLEYS: Mr. T. L. Plunkett, Jr., Attorney for Mrs. Lena Nininger, appeared before Council and presented a petition, requesting that the original portion of Oakland Boulevard extending southerly from Mentmorth Avenue betmeen Lot 15, Block 17 of the Map of Mllliam Fleming Court and Lots 48 and 49 of the Map of Fleming Court to Lot ? of the A. N. Cook Map, bounded on the east by Lots 48 and 49 and on the west by Lot 15, be racated, discontinued and closed, and requesting the appointment of viewers to viem the said property. Mr. Maldrop moved to refer the petition to the City Planning Commission for study and recommendation. The motion mas seconded by Mr. Mebber and adopted. 471' Mr. Young then offered the rollowiag Resolution providing for the appoint- meat of the viewers: (a12563) A RESOLUTION providiag for the appointment of five freeholders, awl three or whom way act, as viewers ia connection with the application or petition of Lena R. Nininger to vacate, discontinue, and close the original portion of Oakland Ronlerard extending soutberl! iron Wentworth Avenue between Lot 15, ~lock 17 of the Rap of William Flesing Court and Lots 48 and 49 of the Hop of Fleming Court to Lot ? of the A. N. Cook Hap, as provided bI Section 15o766 of the 1950 Code of Virginia, as amended to date, which portion of Oakland Ooulevard has never been opened to the public. (For full text of Resolution, see Ordinance Book No, 21, Page 98.) Rr. Young moved the adoption o[ the Resolution. The motion was seconded by Hr. Ilanes and adopted by the following vote: AYES: Council uenbers Davies, Hanes, Pickett, Yaldrop, Webber, Young, and the President, Wt. Woody .................. 7. NAYS: None ........................ O. There being no further business, Council adjourned. APPROVED 475, COUNCIL. REGULAR MEETING, Ronday, November 21, 1955. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the RunicJpal Building, Monday, November 21, 1q$5, et 2:00 o'clock, p. m., the regular meeting hour, mith the President, Mr. Moody, presiding, PRESENT: Council members Davies, Banes, Pickett, Maldrop, Rebber, Young, and the President, Mro Moody ................ ABSENT: None ........................ O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, gr. Janes N, Kincanon, Assistant City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting mas opened with a prayer by the Reverend N. E. Sfiger, Pastor of the Cave Spring Baptist Church. MINUTES: Copies of the minutes of the special meeting held on Wednesday, November 2, 1955, and the regular meeting held on Monday, November 7, 1955, having been furnished each member of Coancil, upon motion of Wt. Danes, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded, UEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m., November 21, 1955, on the request of Messrs. Roy T. Wright and J. ¥. Carrie that their properties located on the east side of Fourth Street, S. E., betmeen Rbite Avenue and Mountain Avenue, be rezoned from Geceral Residence District to Light Industrial District, and notice of the hearing having been published in The Roanoke World-News on November 4, 1955, the hearing was held at which no one appeared in opposition to the request. Mr. Webber moved that Council concur in the previous reconnendation of the City Planning Commission that the request for retorting be granted and that the following Ordinance be placed upon its first reading: (~12554) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke tc have property located on the east side of Fourth Street, S. E., and the southeas! corner of Fourth Street and White Avenue, described as Lots 1, 2, 3, 4 and 5, Block 2, McGehee Map, and known and designated on the Official Map of Roanoke City as Nos. 4020423, 4020424, 4020425, 4020426 and 4020427, be rezoned from Residential District to Light industrial District, and NNEREAS, the City Planning Commission has recommended that the above property be rezoned from Residential District to Light Industrial District as requested, and WHEREAS, notice required by Article II, Section 43, of Chapter 51, of the Code of the City of Roanohe, Virginia, relating to Zoning, has been published in The Roanoke Morld-News, a ne~spaperpablished in the City of Roanoke, for the tine required by said section, and 476', MHEREAS, the hearing ns provided for ie said notice published in the said newspaper wes held on the 21st day of November, 1955, at 2:00 o'clock, p, m., before the Council of the City of Roanoke. in the Council Room in the Municipal Building, at which hearing no objections were presented by property owners end other interested parties in the affected area, and WHEREAS. this Council, after considering the application for rezonisg, is of the opinion that the above property should be rezoned as requested. THEREFORE, HE IT ORDAINED by the Council of the City of Roanohe that Article I, Section 1. of Chapter 51. of the Code of the City of Roanohe. Virginia. relating to Zoning. be amended and reenacted in the following particular and no other, viz: Property located on the east side of Fourth Street, S. E.. at the southeast Of Fourth Street and Mbite Avenue, described as Lots I. 2. 3, 4 and 5, IBlock2, McGehee and known and the Official Roanoke Map, designated on Map of City l as Nos. 4020423, 4020424, 4020425, 4020425 and 4020427, be. and is hereby changed ifrnm Besides*iai 01strict to Light Industrial District. and the Zoning Map herein iIreferred to shall be changed in this respect. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Naldrop, Webber, Young, and thc President, Mr. Woody ..................... NAYS: None ........................... O. ZONING: A public hearing having been set for 2:00 n'clock, p. m., November 21, 1955, on the request of property owners that their property located on the south side of Melrose Avenue, N. W., between Twenty-second Street and Twenty-third Street, be rezoned from Special Residence District and General Residence District to Business District, and notice of the hearing having been published in The Roanoke Morld-Nems on November 4, leSS, the hearing was held at which no one appeared in opposition to the request. Mr. Banes moved that Council concur in the previous recommendation Of the City Planning Commission that the request for rezoning be granted and that the following Ordinance be placed upon its first reading: (~12555) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter $1 of the Code of the City of Roanoke, Virginia, in relation to Zoning. NHEREAS, application has been made to the Council of the City of Roanoke have certain properties bounded on the north by Melrose Avenue, N. #., on the by property at the corner of 22nd Street, N. W., wh~h is already zoned for business, on the south by the Salem Turnpike and on the west by 23rd Street, N. being property designated on the Official Tax Appraisal Map of the City as Lots ~os. 2322S01 through 2322305, both inclusive, and Lot No. 2322308, rezoned from Special Residence District as to Lots Nos. 2322301 through 2322305, both inclusive, and from General Residence District as to Lot No. 2322300, to Business District, and 4'77 WHEREAS, the City Planning Commission has recommended that the above properties be resorted from Special Resideoce District end from General Residence District, respectively, to Business District as requested, and WHEREAS, notice required by Article XI, Section 43, of Chapter SI cf the Cede of the City of Roanoke, Virginia, relating to Zoning, hms been published in WThe Roanoke Norld-NewsW, a newspaper published in the City of Roanoke. for the time required by said section, and WHEREAS, the hearing as provided igc in said notice published in the said newspaper was held on the 21st day of November, 1955, at 2:00 o'clock, p. m., before the Council of the City of Roanoke in the Council Chamber in the Bunicipnl Huildiog, at which hearing no objections were presented by property owners and other interested parties in the affected area, nad NHEREAS, this Council, after considering the application for rezoning, is of the opinion that the above properties should be resorted as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no otheF, viz: Those certain properties or parcels of land bounded on the north by Relrose Avenue, N. W., on the east by property at the corner of 22nd Street, N. M., known as Lot No. 2322307, which is already zoned for business, on the south by the Salem Turnpike and on the west by 23rd Street, N. W** being tbs properties designated on the Tax Appraisal Map of the City and on Sheet 232 of the Zoning #ap as Lots Nos. 2322301 through~2322306, both inclusive, and Lot No. 2322308, be, and they are hereby changed from Special Residence District as to Lots Nos. 2322301 through 2322306. both inclusive, and from General Residence District as to Lot No. 2322308, to Business District, and the Zoning Map herein referred to shall be changed in this respect. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett, Waldrop, Webber, Young, and ;he President, Mr. Woody--~ ................. ?. : ZONING: A public hearing having been.set for 2:00 o!clock, p. m., November 21, 1955, on the request of Randolph O. Whittle and Josephine~P. Whittle that their property located on'First Street, S,~E;, sooth of Elm Avenue, designated on the Official Map;of-the City ns Lot No. 4020212° be:resorted from Special : Residence District to Business District, and notice of the hearing having.been published in The.Roanoke,.Norld~News on November 4, 1955, the hearing washeld at which no one appeared in opposition rD..the request. . . . Mrs; Pickett. moved that Council. concur in the previous recommendation of the City-Planning Commission that the request for rezoning,be granted and thatthe following Ordinance be placed upon its first.,reading: ,:,, ~ ~, (#12566) AN ORDINANCE to emend end reenact Article I, Section 1. of Chapter 51 of the Code of the City of goaeohe, Virginia. in relntioo to Zoeiag. WHEREAS, application has been made to the Council et lbo Clt~ of Roanoke to have the property located on First Street, S. E., south or Bls Avenue, designated on the Official Map of the City as Lot No. 4020212, rezoned from Special Residence District to Duslness District; and WHEREAS, the City Planning Commission has recommended that the above tract of land be rezoeed from Special Residence District to Business District, as requested; and MRER~AS. notice required by Article lie Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in iThe Roanoke World-News. a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in the said newspaper uss held on the 21st day of November, 1955, at 2:00 o'clock, p. i before the Council of the City of Roanoke in the Council Room in the Municipal i H ullding, at mhich hearing no objections Mere presented by property ameers and other interested parties in the affected area; and W~E£EAS, this Council. attar considering the application and ~be evidence both for and against said rezoning, is Of the opinion that the above property. ilshould be rezoned as requested. TUE~EFOREo DE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz.: The tract of land located on First Street, S. E., south of Elm Avenue, designated on the Official mop of the City as Lot No. 4020212. be, and the same is hereby, changed from Special Residence District to Business District, and the Mop herein referred to shall be changed in this respect. The motion was seconded by Mr. Danes and adopted by the fellowJng vote: AYES: Council members Davies, Uanes. Pickett, Webber, Young, and the President, Mr. ~oody---; .............. NAYS: Mr. Naldrop ............. 1. STREETS AND ALLEYS: A public hearing on the request of the Roanoke Valley Realty Corporation that Fanorama Avenue and Dexter Street (formerl~ Nlllom Lane), ~. W.. between FalrvieM ~oad and ~est Side Roulevard, be permanently vacated, discontinued and closed, having been continued from the regular meeting of Council of ~ovember 14, 1955, the matter was again before the body. In this connection, the City Clerk presented a supplemental report from the City Planning Commission, stating that it has heard interested parties ned their Attorneys at a regular meeting on November 17, 1955, and upon consideration of the statements made, and in view of the topography of the land being subdivided in accordance mith the requirements of the Subdivision Ordinance, as me11 as the 4?9 existing,conditions relating to the opponents*.propertleso the Commission 'is of the opinion that, there,are no substantial grounds for objections to the closing of e portiontol,Panorama Avenue and Dexter-Street, end reaffirming its previous recommendation that Council grant the request of the petitioners. Hr. Normsn H. Moore. Attorney for the petitioners, appeared.and reguested that Council concur in the recommendation or the City. Planning Commission; Hr. James P. Hart, Jr** Attorney rot the objectors, appeared with Hr. K. H. Lea.et Hrs. J. J. Font and Hrs. Cie.pa H. Go.de in opposition to the request, Hr. Hart stating the*to close Panorama. Avenue.from Fairview Road to the west would. Jn his opinion, be contrary, to. the Subdivision Ordinance which reguires subdividers to connect streets where possible and would be detrimental to the interests of hfs clients.in that it would prohibit opening of n street previously.dedicated over which his clients could gain access to their properties. Hr. Young moved to refer.the matter to the City Attorney with the direction that he,~ with the Attorney.for the petitioners, prepare an Ordinance granting the-request of the petitioners..with the exception of Panorama. Avenue,' from Fafrview Road west to au extension of thelot line between Lots 19 and Block 3, Panorama Court Map, dated January 29, 1955, and revised June 20, 1955. The motion.was seconded by Mr, Webber and adopted by the following vote: AYES: Council members Davies, Hanes, Webber, Young, and the president, Hr. ~oody ........................ NAYS: Council members Pickett and Naldrop ............ PETITIONS AND COM~DNICATIONS: PARKS*AND PLAYHROUNDS: The City Clerk:presented a communication from the VillaHeights Lions Club, requesting that.Council appropriate funds to cover the cost of moving dirt into city property located atiYwenty-second Street.and Staunton Avenue, N.W,, to provide for a.dirt filll in'orderthat the area can be developed into a path, and stating that the. club.will furnish all dirt necessary to do the Job. . ,Mr. Maldropmoved,toreferthecommnuication to the City Manager.for study and recommendation. The:motion was seconded by-Mr,,Hanes and:adopted. : ,'ZONING:~TheCJty~Clerh presented a communication fromMr..Clifton-A. Noodrum, Jr** requesting that~the remainder of thepropertyloc~ ed:on the south side of Melrose Avenue, N. M.~ at the uest corporate limits of,the city, Official Tax Map No. 271701, and a 6.6 acre tract to the'south tbereof,-official Tax Hap No, 2750101~ be rezoued from~Geuerai Residence District to Business District. ~ Mr.-Mebberimo,ed toro/at,the reqnest to the Clty.?lanning Commtasion for study and recommendation~ The:motion was seconded by Mr. Davies and adopted. REPORTS OF OFFICERS: .,. ~- · . " . ~SEMERS-STREETS AND ALLEYS: Conncil at its meeting of November ?o 1955, bawl: referred to.the;City Manager for:study and recommendation an:offer by Mrs., Florence M. Jones:and Mr. Robert:Murray Johnson~toconvey to.theCity of Roanoke at no cost a 30-foot side strip.of land extending from the~sonth side of Shenandoah Avenuc, N. Mo, in a southerly direction to Baker Avenue, for street 48O purposes only, or in lieu thereof, un easement for i sewer already constructed in said strip of land by the city, the City Manager submitted his report, recouwendlng that Council accept the 30-foot strip of land for street purposes and establish a 25-foot setbsck line from the center of such street on each side thereof. Mr, Mebber asked mhether or wot the property, owners have agreed to donate the strip of laud with the understanding that the said setback line would be eslablished, to mhlch the City Manager replied in the negative. Mr. Banes moved to refer the walter bach to the City Manager with instructions that he consult with Mr. B. Ro Mush, Attorney for the property owners, and ascertain whether or not they mill agree to his recommendation and report thereon. The motion was seconded by Mr. Waldrop and adopted. DHBGE?-PLHMBING COB~: The City Manager submitted a request from the Chairman of the Plumbing Code Committee, stating tbst in order for the committee to complete its moth it mill be necessary to employ a Clerk-Typist to prepare its report and receunendation and requesting an appropriation of $56.00 for Extra [Belp in the Building and Plumbing Inspection account of the 1955 budget, the City Manager concurring in the request. Mr. Hanes moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (u12567) AN ORDINANCE to amend and reordain Section ~63, 'Building and Plumbing Inspection", of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hock No. 21, Page 100.) Mr. Hanes moved the adoption of the Ordinance. The motion mas seconded by Mr. Waldrop and adopted by the followinG vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Young, and the President. Mr. Woody .................... 6. NAYS: Mr. Webber ................ 1. STREET LIGHTS: The City Manager presented a report, recommending the installation of sixteen 2500 lume~ street lights in the Lincoln Court Housing Project and twentl-four 25B0 lumen street lights in the Lansdomne Park Housing Project, along with plats shoming the location of said lights. The City ~anager advising that the Appalachian Electric Power Company has stated that it cannot do the worh of installing the lights during the present fiscal year, Mr. Webber moved to include the cost of the recommended lights in the 1956 budget and to instruct the City Manager to secure descriptive locations of the lights for inclusion in a Resolution and report thereon. The motion was seconded by Mr. Young and adopted. PURCHASE OF PROPERTY-SYREETS AND ALLEYS: Council at its meeting of October 10, 1955, having referred to the City Hanager a recommendation of the City Planning Commission for the acquisition of sufficient land to provide a 30-foot radius on the southeast corner of Jefferson Street and Elm Avenue, S. E., for 48t the purpose or obtaining a price os the necessary land0 the City Manager reported that he has bad an appraisal of the land made by #essrs. James A. Turner and T. Howard Hoyer who have set a value of $6.71 per square foot on 191.HS feet of land. a total value of $1,287.31, hut advised that there are act sufficient rands in the 1955 budget for the purchase or this property. Mr. Maldrop moved lo table the matter until after the beginning of the next fiscal year. The motion was seconded by Mr. Manes and adopted. CURB AND GUTTER-STREETS AMD ALLEYS: Council at its meeting of October 17. 1955, having referred to the ~ity Manager for study and recoumendation a communication from the Grandin Court Baptist Church, offering to donate to the city a 5-foot strip of land along its property on Spring Road. S. #., between Bramble*on Avenue and Moodlamn Avenue, and sufficient land at the intersection of Orambleton Avenue and Spring Road. S. ~., to provide for a 25ergot radius of said corner, in exchange for the construction of sidemalk, curb and gutter along its property, the City Manager reported that he has had an estimate ~ade of the cost and that to construct sidewalk, curb and gutter and necessary pavement would cost $2,o24.10, the City Manager recommending that Council accept the offer of the Crandin Court Baptist Church end agree to construct, at the city*s cost, curb and gutter, but not sidewalk, along the property of the church on Spring Road. in exchange therefor. Mr. Young moved to concur in the recommendation of the City Manager end to instruct the City Manager to contact the Trustees of the Graodin Court Baptist Church and asceFtain whether or not they are agreeable to his proposal and submit his report thereon. The motion was seconded by Mr, Waldrop and adopted. FIRE PREVENTION: Council at its meeting of October lO, 19SS, having referred to the City Manager for study and recommendation a communication from M~ Thomas D. Rutherfoord, Chairman of a subcommittee of tho Chamber of Commerce Fire Prevention Committee, requesting the establishment of a Fire Prevention Bureau in the Fire Department, and the employment of one man to head up said Bureau. the City Manager submitted his repoFt, stating that in his opinion if such a Bureau mere established it should be in the Building Inspectorts office since the work of such a Bureau will be more closely related to that office than the Fire Department, but that in view of the p~esent financial condition of the city it is his recommendation that the proposal be held in abeyance until other fire prevention needs have been accomplished. Mr. Manes moved to refer the matter beck to the City Manager for further consideration. The motion was seconded by Mr. ~aldrop and adopted. MUDGET-ARMORY: The City Manager stated that in order to maintain the floors at the new National Guard Armory it will be necessary to purchase a floor polishing machine and recommended a transfer of $259.00 from Supplies in the Militia account to Militia in the Departmental Equipment and Improvements account of the 1955 budget for the purchase of such a machine. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: 482. ,,, ~ .(=12566) AN,ORDINANCK.to~anend~and,reordain Seotion.s60;-.'Hilitia#,,, smd Sectinn s143, 'Departmental Equipment and.Improvements~,, of, the 19~5 Appropriation Ordinance, amd providing for an emergency. .. (Per full text of Ordinance, see Ordinance,Book Bm. 21, Page 100.) Mrs. Pickett moved the odoptfom of the Ordinance. The motion was seconded by Mr. #aldrop and adopted by the rolloming vote: AYES: Council members Davies, Danes,' Pickett, Maldrop, Mebber0 Young, and the President, Mr. Moody---~ ............ NAYS: None ...................... O. · PURCHASE OF PROPERTY-STREETS AND ALLEYS-MATER OEPARTRENT: The City Baeager submitted a report, stating that Mr. J. T. Robertsou, 1300 Crescent Street, N. N., DUnS a small tip of land projecting into Clifton Street,.N.W., between Dodley Street and Boover Street, and that Mr. G. C. Lamson, 2757 Boover Street, N. W., and Hr. W. K. Lawson, 2755 Hoover Street, N. N., own property projecting into Boover Street, west of Cllftoa Street, the City#mauRer recommending that the matter be referred to the City Planning Commission for study and recommendation as to acquiring these properties for street purposes., Mr. Naldrop mQved to concur in the recommendation of the City Manager and to refer the matter, to the City Planning Commission for study and recommendation. lithe motion was seconded by Mr. Hanes and adopted. REPORTS OF COMMITTEES: · : , ~ AIRPORT: Council at its meeting of November 14, 1955, hating referred to Arthur S. Owens and James N. Ktncanon for study and recommendation a mmanicatiou from Piedmont Ariution, Incorporated, transmitting a copy. of an ~pplication for change in service pattern as fi~ed by the said company with the Civil Aeronautics Board for permission to change the service pattern on all flights in excess of one round trip per day on Segment 4 of Route 07 so as to :mit stops at Princetoa-Blnefield, West ¥trgiuia, the committee submitted its report, advisiug that the change requested b7 the airline mould hate no effect passenger travel over the said airline between Roanoke and cities to the west and stating that in their opinion no action needbe taken by the nitI in connection · tth the application, Br. Robber moved to concur in the report of the committee. The motion was seconded b! Br. Banes and adopted. UNFINISHED BUSINESS: WATER DEPARTRENT: Council at its meeting of October 17, lgbS, having directed the Ranager of the Nater Bepartmentto run a 30-day trial period on making changes ia ~ater serrice locations upon receipt of telephone requests ~nd report thereon ~tth his recommendations, Rt. 6. B. Rgston submitted his 'eport, advising that in a 30-da~ period between October 1B-Norember 18, 1955, ~lfty-one transfers were made in the location of suffices upon receipt of ~elephone requests, that of the fifty-One customers second notices were seat to 483' to them', that' fifteen ~ontraots have not yet been returned, that twenty-three of the nppl~cnnts had' no telephone, and es a conseqnenceo all follow-ups were necessarily made by mall, Mr. Ruston recommending that no chan~e be made in the Rater Depsrtmentes existing Rules and Regulations covering the change of locution of services for cnstoeevs, Hr. Davies moved to concur in the recommendation o! the Reneger of the Water Department. The motion was seconded by Mr. Young nnd adopted. STREETS AND ALLEYS: Council at its meeting of October 31, 1955, having referred to the City Planning Commission for study end recommendation a communication from the Spring Valley Development Corporation, requesting the approval of an alternate route for the location of proposed Beverley Boulevard, across the Grandin Court School property to Spring Road, instead of that proposed by the City Planning Commission to connect with Spessard Avenue, S. W., the Commission reported that the general location of the proposed Beverley Boulevard is a part of the Rainy Street Highway Plan as recommended by John Nolen, being a proposed connecting highway from north to south extending from U. S. Route 11 at the west corporate limits at end Lick Creek in a southerly direction to connect with B. S. Route 221 on Drambleton Avenge, and that portions of this highway have already been dedicated and improved by property omners in subdividing their lands to provide n right-of-way width of sixty feet, the Commission stating furthex that there is a need for a north-sooth highway in the western portion of the city and that the proposed extension of Beverley Boulevard to Spring Road on a portion of the property of the Drandin Court School is the most practical location for a proper street grade, that in its opinion that portion of the school 9rounds needed for the proposed street extension is of little value for future development of the school area, whereas, the street connection will benefit the general public, the Commission recommending that the proposed extension of Beverley Boulevard to Spring Road across the property of the Braodin Court School be provided for on the city"s property on condition that the Spring Valley Developmm t Corporation acquire the land necessary either by purchase OF by the exchange of land adjoining thereto and that the said corporation improve the street according to the provisions of the Subdivision Ordinance. Ry. Webber moved to table the matter until the meeting of December 5, 1955. The motion was seconded by Mrs. Pickett and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 12562, granting permission to Mitchell Clothing, Incorporated, to maintain a certain encroachment over the north line of an alley running between Chnrch Avenue and Luck Avenue, S. W., east of First Street, upon certain terms and conditions, having previsouly been before Council for its first reading, read and laid over, was again before the body, Hrs. Pickett offering the following for its second reading and final adoption: 484 (r12562) AN ORDINANCE granting permission to Mitchell Clothing, Incorporated Church Avenue, S. Mo,' old Lach Aveeoe, S. M,, east of 1st Street, S. M,, upon certain terms aad.~onditious; (For full text of Ordinance, see Ordinance Book So. 21, Page gq.) Mrs. Pickett m~ved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the f,Il,ming vote: AYES: Council members Davies, Ranes, Pickett. Maldrcp, Webber. Young. and the President, #r. Moody ................ 7. NAYS: None ...................... O. PURCHASE OF PRoPERTY-STREETS AND ALLEYS: Council at its meeting of November 14. 1955, having directed the preparation of an Ordinance. authorizing the purchase of a snail parcel of land from C. L. Mlnnix. Jr., et ax, being a part of Lot 15, Block lO, Riverdale Farm Corporation, fronting on the north side of ilverdale Road, S. E** east of Barton Street, for stree~ purposes, as recommended by the City Manager, Mr. Banes offered the following emergency Ordinance: (~12569) AN ORDINANCE authorizing and directing the acquisition of certain land for the widening and improvement of Riverdale Road, S. E.; provldlog for the payeent of the purchase price therefor; and pravidlng for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 101.) Hr. Banes moved the adoption of the Ordinance. The motion was seconded by Hr. Davies and adopted by the following vote: AYES: Council members Davies, Banes, Pickett, Waldrop, Webber, Young, and the President, Mr. Moody ............... NAYS: None ..................... O. EASEMENTSoSTREETS AND ALLEYS: Council at its meeting of November 14, 1955, by Ordinance No. 12561, having approved, in general, the relocation of a segment of the Winston-Salem line of the Norfolk and Western Railway Company and the relocation of Norfolk Avenue in the vicinity of the Jefferson Street Viaduct, as requested by the Norfolk and Western Railway Company, Mr. Hanes moved that the following Ordinance be placed upon its first reading: (~12570) AN ORDINANCE granting upon certain terns and conditions to the Norfolk and Western Railway Company permission to occupy with its tracks a portion ~f the intersection of Campbell Avenue, So E. and Hrd Street, S. E., and portions of 3rd Street, S. E., adjacent to said intersection; granting upon certain terms m conditions to the Norfolk and Western Railway Company permission to occupy with its tracks a portion of Norfolk Avenue, S. E., as proposed to be relocated; providing for protection at the aforesaid grade crossings; and authorizing the conveyance the Norfolk and Western Railway Company of a perpetu'al easement over certain property owned or to be acquired by the City north of Norfolk Avenue, S. E., as proposed to be relocated. WB£REAS, this Council has beret,fore approved, in general, a plan providing for the relocation of a portion of the Winston-Salem line of the Norfolk and Western Railway Company, the relocation of certain grade crossings, and for the closing of certain portions of Norfolk Avenue, S. E., as presently established; 485 WHEREAS, this Council has heretofore approved, upon certain terms and conditions, the proposed grant by the City or Roan,he to the said Company of the necessary licenses and easements to maintain and operate Its said line as proposed to be located, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the privilege is hereby granted to the Norfolk and Western Railway Company to occupy, with its tracks, roadbed and equipment incident to train operation, over a strip not exceeding 20 feet in width, that certain portion of Campbell Avenue, S. E. and of the intersection of Campbell Avenue and 3rd Street, S. £.. and iu addition certain portions or 3rd Street, S. E., adjacent to the aforesaid portion of Campbell Avenue, S. E., and of the intersection of Campbell Avenue and 3rd Street, S. all as shown in red on Plan N-2500&, prepared fa the Office of the Chief Engineer of said Company on November 15. 1958, and approved by the City Engineer, exhibited with this Ordinance, and filed with the Clerk of the City of Roanoke; and BE IT FOIITRER ORDAINED that the privilege is hereby granted to the said Company to occupy, with its track, roadbed and equipment incident to train operation, over a strip not exceeding 20 feet in width, that poetion of Norfolk Avenue. S. E., as proposed to be relocated, more particularly shown in red on the aforesaid plan; and BE IT FURTR£R ORDAINED that the said Company shall furnish, locate and operate grade crossing protective devices, the type, location and manner of operation to be approved by the City Manager of the City of Roanoke, in the ~lcinity of the aforesaid portion of Norfolk Avenue as hereafter relocated, and the aforesaid portion of Campbell Avenue, S.*E., and the intersection of Campbell Avenue and 3rd Street, S. E.; and HE IT FURTHER ORDAINED that the said Company shall grade, surface and maintain the areas in which the privileges hereby are granted in a manner satisfactory to the City Manager of the City of Roanoke; and BE IT FURTDER ORDAINED that the privileges hereby granted are subject to the abandonment and release by said Company of its rights acquired under Ordinance 1781 heretofore adopted by this Council on November 7, 1900, within a reasonable time after the completion of the relocation by said Company of its · inston-Salem line as heretofore approved, and, further, to the repairing, grading and resurfacing of the area in which said Company is to abandon and release its rights, in a manner satisfactory to the City Manager of the City of Roanoke and at the sole expense of said Company; and DE IT FURTHER ORDAINED that upon the Cfty*s acquisition of title to all of the land hereby affected, the proper City officials shall be and they are hereby authorized and directed to execute and deliver to said Company for and on behalf of said City a deed of easement conveying to said Company with SPECIAL WARRANTY OF TITLE a perpetual easement over, across and upon that certain strip or parcel of laud situate in the City of Roanoke and lying north of Norfolk Avenue, S. hereafter relocated, more particularly shown in red on Plan H-25004, prepared in the Office of the Chief Engineer of said Company, on ~ovember 15, 1955, and 486 approved by the City Engineer, exhibited with this.ordlmcace and filed with the Clerk of said City, bounded and described cs 5EGIRNIN~ at c point in the original north line of East Norfolk Avenue, the south line of right of way of the Roanoke Terwincl Division of the Norfolk and Mestern Railway Company, cad being 15 feet north- eastwardly from and radial to the proposed center line of Main track - went leg of Yye - ~lnston-Salew Line of said Railway at or about Station 10 plus OS, said point being also 20 feet distant southwestwardly iron cad vadJcl to the center line of eastbound wain track of said Railway at or about Station 13359 plus IS and at Mile Post N-257 plus 2024 feet, more or less. as measured from Norfolh, Virginia; thence by a line parallel with and IS feet, distant northeast- wardly from the proposed center line of main track - west leg of Nye - ¥inston-Salem Line curving to the . right with a radius of 521.38 feet southeastwardly about 150 feet to a point in the north line of East Norfolk Avenue-Relocated; thence with the north line of said Avenue N 88° 50* 21w · crossing the proposed center line of said main track at or about Station 8 plus 71, a total distance of about 35 feet to point; thence by a line parallel with and 9.5 feet distant southwestwardly from the proposed center line of said wain track as follows: curving to the left with a radius of 496.85 feet northuestwardl~ about 326 feet to a point radial to said proposed center line at P.T. Station 12 plus 15.96; thence N 03° 05' 53" U 9S feet to a point at right angles to said proposed center line at point o£ frog at Station 13 plus 10.98; thence by a straight line northwestwsrdly about 60 feet to a point.in the east lice of First Street, S. E., produced northwardly, said point being 9.5 feet distant S 1° 10' 02" M from the center line of eastbound main track of said Railway at or about Station 15362 plus 88 and at Mile Post.No25? plus 239? feet, more or less; thence with said east line of First Street, S. E., produced, N l° 10' 02" E about 2.3 feet to a point in the original north line of East Norfolk Avenue, the south line of right of way of said Railway Company; thence with said original line of Avenue and right of way as follows: S 880 48' 53" E about 105 feet to a point; thence S 76° 13' 42" E about 260 feet ~ the point of beginning and containing about 6000 square feet, or 0.138 of an Acre, more or less, the same to be used by said Company for railroad purposes only; said deed of easement to be prepared in such form as is approved by the City Attorney or Assistant CiaI Attoroey, and to contain, inter alia, provision that said Company, in the exercise of its rights under said deed of easement, will not damage, or in any way impair the City*s use of any public sewer, drain, water line or other utility now constructed and in use on, over or under the above described parcel of land. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Maces, Pickett, ~aldrop, ~ebber, and the President, Mr. ~oody ................. NAYS: None ................... O. (ar. Young not voting for personal reasons) AIRPORT: Council at its meeting of November ?, 1955, having directed that a proposed Ordinance and contract, granting to The Cleaves Food Service Corporat~ n a lease for operation of the restaurant at the Roanoke Municipal Airport, which were presented by the CiaI Manager, be revised so as to grant to The Cleaves . Food Service Corporation the optional right to exclusive service of the nature covered by the contract over the entire Airport area and to specifically grant the right under the contract to The Cleaves Food Service Corporation to supply 487 meals to the airlines Operating et the Municipal Airport for use aboard their planes, Mr. Davies uoved that the following 0rdinssce be placed upon its first reading: (n12571) AN ORDINAXC£ providing for the leasing of the restaurant and certain other premises et Roanoke Nanicipal Airport upon certain terms and conditions; granting certain exclusive rights and privileges at said Airport; providing for certain improvements in the Terminal Building of said Airport and the installation of certain fixtures and equipment; and appropriating the sum or $12,945.00 from the General Fund to defray the expenses of the improvements herein provided for. MHEREAS. pursuant to a directive of the Council. the City Purchasing Agent has heretofore advertised for bids and proposals for the operation, under lease from the City, of the Roanoke Municipal Airport restaurant facilities, in response to which advertisement six (6) bids and proposals mere submitted but only two (2) of which complied with the requirements of said advertisement, and thereafter all of said bids were referred by the Council to a committee for study, tabulation and recommendation back to the Council; and MHEREAS, the said committee has reported to the Council and has recommended that the bid and proposal submitted by The Cleaves Food Service Corporation net all of the conditions and requirements of said advertisement and that said committee unanimously considered that the proposal of The Cleaves Food Service Corporation was the best bid received for the operation of said Airport facilities and unanimously recommended that the Council direct the City Manager to confer with an official of said corporation and reduce to the form of a written contract the proposal of said bidder, incorporating therein such terms, conditions and rovisions as the City Manager would recommend to the Council to be agreed to by the City; and NHEREAS, the City Manager, the Assistant City Attorney and the President of said corporation have met and conferred and have reduced to writing a form of contract agreeable to said corporation and recommended by said City Manager, the form of mhich is approved by the Assistant City Attorney, and which said proposed contract bas been drawn under date of November 15, 1955, and read and considered by the City Council; THER£FOR£, BE XTORDAINED by the Council of the City of Roanoke as follows: That the City Manager be, and he is hereby, authorized and directed, for and on behalf of the City, to execute, and the City Clerh is hereby directed to seal and attest, a certain written agreement dramn and prepared under date of November 15, 1955, between the City and The Cleaves Food Service Corporation, the terms, conditions and provisions mhereof are hereby approved by this Council and which said written agreement provides, inter alia, the folloming: a, That the City will lease to said corporation for a term of five (5) years commencing as of a date within thirty (30) days after the City's installation of the equipment and fixtures and the completion of the repairs and 488 alterations mentioned in said agreement, the restaurant, the kitchen, certain basement storeroom space and certain space in the Terminal Belldleg lobby, together with the exclusive right to said corporation to sell, to the general publico food and beverages, gifts, magazines, 'souvenirs and similar articles and to install, nonage and operate all food. sore drink, candy, tobacco and other similar merchandise dispensing machines within the said Airport Terminal Building, subject to the conditions and provisions contained in said form of agreement; b. That the City will grant to the Lessee, during the term of this lease, the exclusive right and privilege to sell food. soft drinks, souvenirs, programs and similar items to the general public at public places outside said Terminal Building on the occasion of air shows and all other special events held at said Airport and at such other times as nay be approved by the City Homager. c. That the City will, before the commencement of the term of said lease, and at its own expense not to exceed the sum of $12,q45.00. provide and install in said premises, for the use of said corporation, those certain items of equipment and fixtures listed on Exhibits 2 and 3 of said agreement and will make the alterations, repairs and renovations mentioned on page 4 of said agreement provided, however, that should the total cost of the same exceed the sum of $12,945.00, the said corporation will reimburse the City all of that portion of the total cost of the same mhich exceeds the sum of 912,945.OO provided that said corporation shall hare first, and before the City shall have incurred such additional expense, concurred in and agreed to pay such additional expenditures and shall have consented in writing to such reimbursement; and d. That the said corporation will covenant and agree to pay as rental for said premises, etc., and for the privileges and services granted and to be supplied it by the City a sum equal to six per cent (6~) of the monthly gross revenue of said corporation derived from its operations at said Airport during each preceding calendar month, the definition of "gross revenue" and the method and manner of accounting for and reporting the same to the City and of making its monthly rental payments to be as provided for in said form of agreement. BE IT FURTHER ORDAINED that the City ganager be, and he is hereby. authorized and directed forthwith to procure and have delivered and installed in maid leased premises, in accordance with the terms and provisions of said agreement those items of equipment and fixtures enumerated on Exhibits 2 and 3 of said lease, and to effect the renovation and alteration of the Airport restaurant room as is provided for in the aforesaid written agreement, all of the same at a cost not to exceed the sum of $12.945.00. such equipment to be procured and installed and such renovation and alteration to be effected under the existing ordinances and administrative procedures heretofore provided by the Council. BE IT FINALLY ORDAINED that there be. and there is hereby, appropriated from the General Fund to Account No. 143 - Departmental Equipment and Improvements Account, the sum of 912.945.OO to defray the costs and expenses hereiuabove rovided for. 489 The motion was seconded by Mr. Nebber aid adopted by the following vote: AYES: Council meobers Davies, Hnnes, Plchett, Weldrop, Webber, Young, and the President, Hr. Woody ................... T. WAYS: None ......................... O. SEWERS: Council having held a public hearing on June 29, 1955, on the question of establishing u $50.00 connection charge for anyone connecting to u sewer system, and limiting to 300 feet sewer extensions' on which the city would pay one-half the cost on any occasion, as recommended by a committee of Council, and having ruben the matter under consideration for further study at that time, and the body at au informal meeting of November 17, 1955, having directed that the question be placed on the agenda for the regular meeting of Wovember 21, 1955, Mr. £1bert lt. Waldron, President of the Valley Home Huilders Association, and Hr. W. A. Ingrem appeared before Council, opposing the adoption of such an Ordinance on the basis that it would place an undue burden on subdividers and contractors. Hr. Webber moved that the following Ordinnnce he placed upon its first reading: (~12572) AN ORDINANCE amending Chapter 26. 'Public Sewers** of The Code of the City of R,an,he, by adding two sections thereto, said sections being numbered 13o and 14. respectively. BE IT ORDAINED by the Council of the City of Roanoketbat Chapter 28. "Public Sewers'. of The Code of the City of Roanoke. be. and said chapter is hereby. amended bythe addition of two sections thereto; said sections being numbered 13. and 14. and reading respectively as follows: Sec. 13. ·Upon proper application for the extension of a public sanitary sewer, within the City, the City may bear one-half of the cost of the first 300 feet of such extension; provided the applicant shall pay the other one-half of the cost thereof and also the entire cost of such extension in excess of 300 feet. Payment by anappllcant of the, cost herein contemplated shall not relieve such applicant from the payment of all sanitary sewer connection costs including the con~ nectlon fee provided for in Section 14. of this chapter. It is the pur~ose of this section to provide an expeditious method for constructing.relatively short , - modify other lawful procedures. Sec. 14~ Before a party may connect,to a public sanitary sewer, within the City, such party shall pay, onto the City,..a connection fee of $50.00 for each The motion was seconded by Dr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President. Mr. N,,dy ............... NAYS: None ..................... O. LICENSE TAX CODE: Councilhaving considered a revision of the License Tax Code in numerous sessions and buying held'a public h~aring at a special session the proposed revision, Mr. Edward C. M..maw, Secretary of the Roanoke Yerchant~ Association, appeared before the body and presented a communication from said 490 Association, opposing any increase in local merchants license taxes and requesting an opportunity to be heard at the next regular meeting or, Council prior to the final adoption of the proposed Ordinance. Mr. James W. Heizer, Executive Secretary of the Roanoke Valley Retail Gasoline Dealers Association, also appeared before Council in opposition to any increase in the retell merchants license end requested an opportunity to appear at the next regular meeting of the body before the final adoption of the proposed Ordinance. Doth gentlemen were advised by the Mayor that they might appear at the next regular meeting of Council as reqoested. Mr. Davies then moved that the following Ordinance be placed upon its first reading: (g12573) AN ORDINANCE imposing and levying license taxes for the year beginning January 1, 1956, and ending December 31, 1956, and also for each and every year thereafter beginning with January lot of each such year and ending with December 31st, following, until otherwise changed, for the support of the City government, the payment of interest on tbeCity*s debt, and for other municipal expenses; providing for the assessment, collection mod payment of such taxes and for certain requirements and regulations as an aid thereto; and prescribing certain penalties for the violation of said ordinance. (For full text of Ordinance, see Ordinance Book No. 21, Page 113.) In this connection, Mr. Danes stated that each member of Council has read the proposed Ordinance revising the License Tax Code and moved to dispense with the reading thereof. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett. #aldrop, Webber, Young, and the President, Mr. Woody ................... NAYS: None ......................... O. The motion of Mr. Davies was then seconded by Mrs, Pickett and adopted by the following vote: AYES: Council members Davies, Danes,'Pickett, Waldrop, lebber, Young, and the President, Mr. Woody ............... ?. NAYS: None ..................... O. LICENSE TAX CODE: Council at an informal meeting of November 17, lqSS, having directed the preparation of an Ordinance to provide for a five cents per one hundred pounds of weight increase for license tags for private motor vehicles, Mr. Hanes moved that the following Ordinance be placed upon its first reading: (~12574) AN ORDINANCE amending and re-enacting Section 4. ~rivate Passenger Motor Vehicles not Motorcycle~, of Ordinance No. 12331, heretofore adopted on the 2flth day of February, 1955, relating to annual license taxes on certain motor vehicles and certain motor vehicle carriers. WHEREAS, Council deems it necessary for the financial operation of the municipal government that provision be made for imposing the annual license tax hereinafter provided on certain private passenger motor vehicles, the same to become effective on and after April 1, 1956, and to continne for each successive year thereafter. 491 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Section 4. Private Passenger Motor Vehiclest not Motorcycles, of Ordinance No. 12331, heretofore adopted On February 28, 1955, Imposing an annual license tax on certain private passenger motor vehicles, be, and the same is hereby, amended and re-enacted so us to provide ns folloms: . 4. Private Passenger Motor Vehicles, not Motorcycles~ On all private passenger motor vehicles not transporting passengers for compensation and not otherwise licensed by the City the annual license tax shall he .......... $ ~30 per one hundred pounds of weight, or major fraction thereof; provided that no such tox shall be less .. than $6.00 nor more than $10.00; and the maoufacturer's shipping weight shall be used in determining the +weight for the purpose or.ascertaining the tax hereby imposed. BE IT FURTHER ORDAINED that this ordinance shall become and be effective for the period from April 1st. 1936, tn Watch 3{~t. 1957, both inclusive, and for each successive year thereafter. 'HZ IT FURTHER ORDAINED that all other parts and sections of aforesaid Ordinance No. 12331 mhich are not herein expressly amended shall continue to be In full force and effect. The motion was seconded by Mr. Young and ado'pted by the following vote: AYES: Co~ncfl members'Davies, HaneS, PJc~ett, Waldrop. Webber. Young. and the President, Mr. Moody ..................... 7. LICENSE TAX CODE: Council' at au informal meeting of November 17, 1955, having directed the preparation of an Ordinance, increasing the tax on ~tlllty bills from five per cent to seven and one-half 'per cent, Mr. M. P. Hooker, District Manager of the Appalachian Electric Power Company, and Mr. Leonard O. Ruse, Attorney for the Company, appeared before the body and objected to the increase in the tax on utility bills, stating that the tax on electric current used for heating purposes places the Company in an unfavorable competitive position with oil and coal fuel, and requested that Council give consideration to exempting electrlcit~ used for fuel purposes from the tax. Mr. M. A. Dickinson, Attorney. and Mr. Arthur T. Ellett appeared for the Roanoke Gas Compau~ and made the same statements and objections as made by Messrs. Booker and muse as applied to gas. Mr. N. A. Stansbur~, Manager of the Chesape'ake and Potomac Telephone Company, appeared before Council and opposed the increase of the tax on telephon~ bills, stating '~hat telephone users are now paying two and one-half per cent of the entire revenue of the city*s General Fund. Mr. Hanes mo~e'd to appel'at ~ com~i'tt'ee connln'ting of Messrs. Arthur 5. Omens Harry R. Yates and James N. Klncanon to study the question of exempting from the utility bill' tax el~¢trfciti a~d g~s '~s~-~o~ bom; heating purp ...... d submit its recommendations to Council, The motion was seconded by Mr. Waldrop and adopted. 492 Mr. Young then moved that the following Ordinance be placed upon its first reading: (n12575) AN ORDINANCE amending and re-enacting Ordinance No. 9329, here- tofore adopted on the loth day of December, 1947, relating to the imposition or utility taxes, fixing the amount of said tax. providing for the collection thereof, and prnacrlbfng pennltfes ~or Zbn violation oY this ordinance. WH£R~AS. Council deems it necessary for the rinnncial operation of the municipal government that provision be made for imposing the hereinafter named utility taxes, the same to become effective on and after January 1. 1956. Tfl£REFORE, BE IT ORDAINED by the Council of the City of Hoanohe that Ordinance ~o. 9329, heretofore adcpMd on the lO~h day of December, 1947. relating to the imposition of utility taxes, fixing the amount of said tax. providing for the collection thereof and prescribing penalties for the violation thereof be. and the same is hereby, amended ~nd re-enacted so as to provide as follows: Section 1. The following words and phrases when used in this ordinance shall for the purposes of this ordinance have the following respective meanings except mhere the context clearly Indicates a different meaning: (a) Person. The word *person" shall include individuals, firms, partnerships, associations, corporations, and combinations of individuals of whatever form and character. (b) Utility Services. The phrase 'utility service" shall include local exchange telephone service, electrici'ty service, and gas service furnished in the corporate Ii'mits of the City of Roanoke. (c) Purchaser. The word 'purchaser' shall include every person mbo purchases a utility serrice. (d) Seller. The word 'seller' shall include every peFson whether a public service corporatlon~ or not. who sells or furnishes a utility service. Section 2. There is hereby imposed and levied by the City of Roanoke upon each and every purchaser of a utility service a tax in the amount of seven and one-half per centum (7 1/2~) of the charge made by the seller against the purchaser mith respect to each utility service, which tax, in every case, shall be collected by the seller from the purchaser and shall be paid by the purchaser the seller for the use of the City of Roanoke at the time that the purchase rice or such charge shall become doe and ~ayable under tie agreement between the urchaser and the seller. Sectf;n 3. duty of'every- seller in acting as the tax collecting meal .... agency ior ~'~e C'i~ o[ R .... ke to collect from the purchaser for the use of the city the tax hereby imposed and levied at the time of collecting the p~r~hase price charged therefor and the taxes collected dn~ing each calendar month shall be reported by each seller to the Commissioner of the Revenue of the City of Roanohe on or before the fifteenth day of the calendar month thereafter, together with the name and address of any purchaser who has refused to pay his tax. Simultaneously therewith the seller shall file a copy of 493 such=vep0rt with and remit to the Treasurer ~f the City of Roanoke the t'axee so collected and reported,. The required report nh011 be in the f~m prescribed by the Commissioner of the Revenue, The tax levied or imposed under this section with respect to the purchase of nay utility service shall be applicuble to charge, first appearing oa bills rendered January l, 1956, and thereafter. Section 4. Each and every seller shall keep complete records showing all purchases In the city, mhlch records shall show the price charged against each purchaser with respect to purchase, the date thereofo and the date of payment thereof, and the amount of tax imposed hereunder, and such records shall be kept open for inspection bT the duly authorized agents of the city at reasonable times, and the duly authorized agents of the city shall have the right, power and authority to make transcripts thereof during such times as'they may desire. Section S. The United States of America, the Commonwealth of Virginia, and the political subdivisions, boards..commlssions, and authorities thereof, are hereby exempt from the payment of the tax imposed and levied by this ordinance math respect to the purchase of utility services used by such governmental agencies. Section 6. The'tax hereby imposed and levied on the purchasers with respect to local exchange telephone service shall apply to all churges made for local exchange telephone service, except local messages which afc paid for by inserting coins in coin-operated telephones. Section 7. The tax hereby imposed and levied shall apply to the purchase of bottled gas to he used within the corporate limits for cooking, heating, gas refrigeration and lighting. - Section 8. In all cases where the seller collects the price for utility services periodically, the tax hereby imposed and levied may be computed on the aggregate amount of purchases during such period, provided that the amount of the tax to be collected shall be the nearest whole cent to the amount computed. Section 9. Any purchaser failing, refusing or neglecting to pay the tax hereby imposed or levied, and any seller violating the provi.sious hereof, and any officer, agent or employee,of any seller violating the provisions hereofi shall be guilty of a misdemeuuor, and upon conviction therefor, shall be subject to a fine of not less than five dollars nor more than one hundred dollars. Such conviction-shall not relieve any.such person from the payment of the tax.. Each failure, refusal, neglect or violation and each day"s continuance thereof shall constitute a separate offense. Section 10. The City,Treasurer shall be.charged with the power and the iduty of collecting the .taxes levied sad imposed hereunder and shall cause the same to be paid.into,thegeneral-treasury of theCity of Roanoke. Section 11. If anypart of.this ordinance shall for any reason be adjudged invalidby acourt of competent Jurisdiction, such invalidity shall not affect the parts which are not so.adJudgedinvalid~ Section 12. This ordinance shall be in effect on and after January 1, 1956. Tbe motion mas seconded by Hr. Davies end adopted by the foil,wing vote: AYES: Council members Davies. Hanes. Pickett. Wnldrop. Hebber. Young. and the Presidento Hr. Woody ...................... NAYS: None ............................ O, LICENSE TAX CODE: Couocil at an informal meeting of November 17. 1955. having directed the preparation of an Ordinance. providing for n reduction in the time allowed on parking meters os presently established by fifty per cent. NFS. Pickett moved that the follcming Ordinance be placed upon its first reading: (z12576) AN ORDINANCE amending and reordaining Section 37. Parking meter zones established; installation of meters; Section 33. Dom parking meters to be installed; operation; time limit; and Section 39. How parking meters and space to be used; overtime parhing; paraplegics and amputees; or Chapter 34 *Traffic' of the Code of the City or Roanoke. relating to the establishment of parking meter zones, the installation, operation and use of parking meters, overtime parking in spaces controlled by parking meters, und providing exceptions for ceFtain paraplegic and amputees. WHEREAS. Council deems it expedient and necessary rot the operation of the euuicipal government that certain provisions of Chapter 34 *Traffic* Of the Code of the City of Roanoke. as hereafter mentioned, be amended and reordained to become effective on and after January 1. 1956. THEREFORE. DE IT ORDAINED by the Council of the City of Roanoke that iSection 37. Parking meter zones established; installation of meters; Section 38. !ltom parking meters to be installed; operation; time limit; and Section 39. How lparklnq meters and space to used; parking, paraplegics amputees+ be overtime and Iof Chapter 34 "Traffic* of the Code of the City or Roanoke be. and the same are hereby amended and reordained so as to provide as follows: Section 37. Parking meter zones. The City Manager may, from time to time, upon any streets or parts of streets or other public places in the city where, in his judgment and as the result of engineering and traffic surveys, conditions so require, establish parking meter wherein, during any period from 8:00 o*¢loch, a. m., to 6:00 otclock, p. m., each day except Sundays and on the following holidays, to-wit: New Year's Day, ~emorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day or the Monday next following any such day should such holiday fall on Sunday, the parking of vehicles may be controlled by coin-operated parking meters, to be installed and operated in accordance with the provisions of this chapter. Individual parking spaces shall be designated within said zones by lines or markings on the street by signs or markers erected along said street, or other public place. The )rivilege of parking vehicles in parking meter zones so established shall, by signs or markers placed on said parkingmeters, be limited to the period of time established by the City Manager for the particular none, viz., either 6, 12, 18, 24, 30.or 36 minutes, 1/2 to I hoar, 1/2 to 2 hours, or 1/2 to 5 hours, in intervals of 1/2 hour, as the case may be. The City Manuger shall, upon thc establishment of parking weter zones under the provisions of this section, notify the Council, In writing, of the establishment of such zone or zones and, further more, shall cause the same to be shown, by location and type, upon an official parking map, one copy of which shall be maintained in the City Clerk*s office and another copy of which shall be waintained In the traffic bureau of the Police Departwent. Thereafter, every change relating to the control of parking upon public streets and public places of the City by the use of parking meters shall be forthwith reported by the City Manager to the Council and shall be entered and shown upon each of the official parking maps referred to hereinabove. Sec.. 38. Installation and operation of parkJnq meters; time limits. The City Manager is hereby authorized to. install or place, or cause to be installed or placed, alongside each parking meter space established by him pursuant to Section 37 of this chapter, a parking meter so designed as to measure the period oflegal parking established for that particular zone. In 6 to 36 minute parking meter zones, parking meters shall be of a type operated by theinsertlon of 1, 2, 3, 4,:5or 6 pennies, permitting 6, 12, I§, 24, 30 or 36 minutes of legal parking, respectively;~ln 1/2 to I hour parking zones they shall be of a type operated bythe insertion of I or 2 nickels, permitting 1/2 hour or I hour of legal parking, respectively; in l/2to 2 hour parking sones, they shall beoperated by the insertion nfl, 2, 3 or~d.nlckels, permitting 1/2, 1. I 1/2 or 2 bouts of legal parking, respectively; and in.l/2 to S hour parking zones, they shall be of a type operated by the insertion of 1, 2. 3. 4, 5, 6, ?, 6, g. or 10. nickels, permitting 1, 2, 3, 4, 5,6, 7, §, g or 10 1/2 hours of legal parking, respectively. Such parking meters shall be placed upon the curb alongside of or next to the individual parking spaces hereinabove mentioned. Each parking meter shall be so made and set as to show or display a signal that the parking space assigned to it is.or is, not in use. ' The City Manager shall provide for the installation, regulation, control, operation and use of the parhJng meters provided for in this chapter and shall maintain said meters in good, workable condition. Each said parhing meter shall be so set as to display a signal;showing legal parkingupon the'deposit therein of e coin of:the United States of. America of proper:denomination to operate said meter; and each meter shall.continue in operation from.the time:of:depositing such.coin:until:the_expirationof~the time:fixed:by this section and.by Section 37 of thts~chapter:as~the parking, limit for~the:partof.the street or public.place upon which:said meter.lsplaced; Each, said meter shall be:so,arranged that:upon the expiration of said period of legal parking, it will.indicate by mechanical operation, and.proper signalthat the.lawful~parking period has:expired..~ :: Sec. 39. How oarkinq:meters and space to be used; overtime parhinq, paraplegics (a) Mhen any vehicle.is;parked:in any space:controlled by and along- side of or next to which is located, under Sections 37 and 38 of this chapter, a 495 496 .irking meter, the ovner~ operitor, manager or driver or said vehicle shill, ·pon nteriug the said parking space, immediately deposit ii said parking meter · coin of the United St·res or Amerlc· of · deaomlnltion proper n·d sugticle·t to operate said meter for the legal period at psrkiug estlbllahed gar s·ch spice i· the parking meter nlongsideof or next to said parking space end the said parking space nay then be ·sed by s·ch vehicle daring the packing liwit established ns provided by Sections 31 and 38 of this chapter. If slid vehicle shall remain parked in s·ch parking space beyond the said parking limit, the parking meter shall display n sign indicating illegal pithing, and in that event s·ch vehicle shall be considered parked overtiue, and the parking of a vehicle overtime in any s·ch part of · street or other place uhere any such meter is located shall be a violation of this sectim and punishable as provided by Section 52 of this chapter. It shall be unlawful for any person to cause, allow, permit or s·ffer any such vehicle registered in ihfs name or operated by bin to be parked oyertime or beyond the lawful period of inane as above-described. (b) Paraplegics and Amputees. The City Manager is hereby authorized to lassie cards on an ann·al basis, over his signat·re to paraplegics and individuals who have had one or both legs amputated. Despite general provisions herein contafne lto the contrary~ the placing of such a card on the visor of an automobile owned for operated by such individual shall entitle such automobile, when operated by such individual, to park at any metered parking space where parking is, at the time, permitted, and remain for a period of time not to exceed eight consecutive hours, without the deposit of any coin.and, also, to park in any loading zone after 6:00, p. w,, provided that in each case such parked automobile be awaiting the holder of such card and that in neither case shall this section be construed to authorize such automobile to be parked, or to remain parked, at any space or other place where, at the time, parking of all kinds is prohibited. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody .......................... T. NAYS: None ................................ O. MOTIONS A~DMISCELLANEOUS BUSINESS: LEGISLATION-CITY CHARTER: The Mayor reported that pursuant to action of Council tt an informal meeting held on November 17, 1955, he has appointed Messrs. Roy L. Webber, Chairman, Walter L. Young, Arthur S. Owens, J. N. Kincanon and J. Robert Thomas as a committee to study the City Charter and prepare and submit its recommendations for needed amendments to Council, the Mayor stating that each member of Council is invited to sit mith the committee and offer such suggestions as they may have. In this connection, Mr. Maldrop stated that Council has discussed numerous uestions of taxation and moved to instruct the committee to consider these and recommend desirable changes to the general law of the Commonwealth it applies to locll taxation. The motion mas secondedby Mr. Hanes and adopted. 497 CITY ATTORNEY: The City Clerk presented · communlc·tJoa from Mr. Raadolph G, Mhlt~le, City Attorney, ·dvisiag tb.a~ he has appointed #r. James N, Klucanou as Substitute City' Attorney during the period of his in·billty to disck·rge the duties or ~ts of~lce'by reason~ of his present illness, of Council as provided by Section 4, Chapter 7, of the Code of the~city of Hr. H·aes offered tbe follnming Resolution: (aI25YY) A RESOLUTION ratifying the appointment of James N. /incanon as Substitute City Attorney; and providing for an emergency. (For full tent of Resolution, see Ordin·nce Book No. 21, P·ge 102.) Hr. Hames moved the adoption of the Resolutfoa. ?Aa motion was seconded by Hr. #ebber and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, #ebber, Young, and the President, Mr. Moody-~ NAYS: None--~ ................. 7--0. S£WAGE DISPOSAL: The City Haooger presented a letter from Hr. Clifton A. Moodrum, Jr., Attorney, stating that the Roanoke Electric Steel Corporation desires to make a sewer connection with the main interceptor sewer line of the city which lies immediately to the east of the property of the said corporation and that the corporation will agree to bring its line to the gain interceptor line and to reimburse the city for nay connection costs incurred. of Messrs. Roy L. Mebber, Chairman, Ralter L. Young, Arthur S. Omens and Randolph G. Mhfttle for study and recommendation. The motion was seconded by ~r. ~aldrop and adopted by the following vote: AYES: Council members Hanes, Pickett, ~oldrop, Nebber, Young, and the President, Rr. M~ody ..................... 6. NAYS: None ....................... 0 (Mr. Davies not voting for personal GASOLINE: The City Manager stated that he inadvertently left off of the agenda the tabulation of bid~ received by the ~urchasing Agent on November 16, 19SS, for' the cityts requirements of automotive gasoline and presented n report and tabulation of the following bids: ~idder Regular Gas ~remium Oas The ~exas Co. -$ 0.2010 $ 0.2260 Crown Central Petroleum Co. 0.2044 0.2220 Atlantic Refining Co. 0.2045 No Gulf Oil Corp. 0.2045 0.2295 Mhiting Oil Co. 0.2065 0.2265 Esso Standard Oil Co. 0.2051 0.2288 Schneider Oil Co. 0.21048 No Fuel Oil ~ Equipment Co. 0.2095 0.2345 Hr. Young moved to award the contract for supplying the city's automotive gasoline to the low bidders and offered the following emergency Ordinance awarding the contract for furnishing regular grade gasoline to The Texas Company at a price of $0.2010 per gallon: 498 (a12578) AN ORDINANCE accepting the bid of The Tex~t Company to supply the City its required ~egulor gasoline from the Ist day of December, 1955. throagh Novemb~er 30, 1q$6, authorizing the Purchasing Agent to execute, for and on behalf of the City, the us'ual contract in the premises~ end providing for aR emergency. (For full text of Ordinance, see Ordinance 'Boob No. 21. Page 103.) Mr. Young moved the adopt'ion"of the Ordi'namce. The motion mas seconded by Mr. Hanes and ~dopted by the following vote: AYES: Council members Davies. Hanes, Pickett. Wa'ldrop. Webber, Young. and the President, Hr. N~ody-* ..... '--~-~-~-' .... 7.' " 'NAYS: None ......................... O. Mr. Young then offered the following emergency Ordinance 'awarding the contract for furnishln~ premium' grade ga'sol'ine to ~he Crown Central Petroleum ~orporatlon at a price of $0.2220 per gallon: (g12579) AN ORDINANCE accepting the ~id of Cromn Central Petroleum Corporation to supply the City its required premium grade gasoline from the 1st day of December. 1955, throngh the 30th day of November, 1956, authorizing the Purchasing Agent to execute, for and on behalf of the City'. the usual contract in the premises; and providing for an emergency. (For fall text of Ordinance, see Ordinance Book No. 21, Page 104.) Mr. Young moved the adopti'on of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President. Mr. Woody .................... 7. NAYS: Nome .......................... O. TRAFFIC-STREETS AND ALLEYS: gr. Naldrop asked the City Manager to consider cutting back the corner of the sidewalk on the northwest corner of Jefferson the sidewalk trying to get around the corner. There being no further business, Conncil adjourned. APPROVED Pre sid~t~ CERTIFICATE OF AUTtlEIIi'IC1TY THIS IS TO CERTIFY THAT THE FE~LeuqENTLY VALUABLE RECORDS OF THIS OFFICE AS LISTED ON THE TITLE SHEET HERE FLADE AVAILABLE FOR HICROFILHING BY TIlE LOCAL [~ECORDS BP~NCH OF THE J~RCHIVES BIVISION OF THE VIRGINIA STATE LIBRARY AS AUTHORIZED BY SECTIONS ]5.!-8, I12.1-82, AND q2.1-85 OF THE C02E~E~L[:~. THE PURPOSE OF THE. HICROFIUIlIIG IS TO PROVIDE SECURITY COPIES OF THE RECORDS. COUNCIL, REGULAR MEETING, Mondoy, november 20, 1955. The Council of the City of Ronnoke met in regulor meeting in the Council Chamber tn the Municipal Building. Monday, november 20, 1955, ut 2:00 o'clock, p. the regular meeting hour, math the President. Mr. Moody, presiding. PRESENT: Council members Davies, Hanes, Pickett, Maldrop. Webber, Young, the President, Mr. Moody ............ AHSENT: Hone ................ OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Janes N. Eincanon, Assistant City Attorney, Mr. Harry R. Yates,.City Auditor, and Mr. J. Robert.Thomas City Clerk. The meeting was opened with a prayer by the Reverend Joseph G. Heye, Assist ant Pastor of Oar Lady of Nazareth Roman Catholic Church. MINUTES: Copies of the minutes of the special meeting held on Monday. November 14. 1955, and the regular meeting held on Monday, November 14; 19S5. herin been furnished each member of Council, upon motion of Mr. Davies, seconded by Mr. Hanes and adopted, the reading mas dispensed with and the minutes approved as recorded, ' BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE PETITIONS AND COMMUNICATIONS: NONE, u REPORTS OF OFFIC£RS: . ~ .' BUDGET-MATER DEPARTMENT: The City.Manager reported that funds contained in the 1955 Mater Department Budget for~normal capitol extensions in the Mater Department.are/Insufficient and recommended an appropriation ~ $30,000.00 for that purpose. , Mr. Webber moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance:. · · .~, :., (u12580) AN ORDINANCE to amend and.reordain "No~-Operating Expense* of an Ordinance:adopted:by~theCouncil of the City,of Roanoke, Virginia; on the loth day of January. 1955, mo. 12301, entitled, "An Ordinance making appropriations~from the Mater General,Fund and the Mate= Replacement ReserveFund for the City.or'Roanoke for the fiscal year beginning January 1, 1955, and ending December.31,1955;fixlng therateof pay of,employees of the Mater Department;~and declaring the existence of an emergency*, and providing for an.emergency.~r,~ (For fall text of Ordinance, see Ordinance Book No. 21. Page IZO.) Mr.':Mebber moved the adoption of the Ordinance. The.motion was seconded by Mr. Maldrop and adopted by the following vote: AYES: Council mombersDovles, Hanes¢ PicRett, Maldrop, Webber, Young, and NAYS: None ................. O. ,! PARKS AND.PLAYGROUNDS: Council at its meeting .of November 21. 19556 having referred to the.CityManager for study and recommendation.a communication from the* Villa Heights Lions Club, offering to furnish the necessary-dirt to-fill the city- owned prOperty~atTwenty-secoud.Street and.Staunton:Avenae,.N.M,, for~development into · park, provided the city will move the dirt from its present location to the to be filled, the City Manager reported tbot to fill the area ix qnestiox will require approximately 7,700 cubic yards of dirt, which Mr, Paul A. Wood has agreed to give the city from his property located to the nest or Twenty-fourth Street gear Shatters Crossing, provided the city alii use its ,mn equipment to move nad haul the dirto h,never, the City Manager expressed the belief that to comply with the reqnest would establish n policy of clearing or grading private lands which msy hare varied reverberations, the City Msnnger advising that previous requests of.this nature have been denied. Mr. Webber moved to refer the matter back to the City Manager to handle administratively nad that Council take no official action which might establish a s,lacy. The mOtiOn was seconded by Mr. Hanes and adopted, TRAFFIC-CITY PROPERTY: Yhe City Manager reported that city-owned.property it the corner.of Second Street and Church Avenue, S. W., in the Municipal Building block, has been cleared and presented aa Ordinance which he requested that Council adopt, said Ordinance establishing rules and regulations to govern the parking of motor vehicles thereon. Mr. Young moved to.concur in the request of the City Manager and offered th* following emergency Ordinance: (u12591) AN ORDXNANCE authorizing and directing the use of certain,public property on the north side of.Church Avenue, S. M., west of Second Street, for the parking of City owned vehicles and for public parking; providing reSulations relating to the use of said property; providing penalties for the violation of this ordinance; and providing for an emergency. ~ (For fell text of Ordinance, see Ordinance O,ok Ho. 21, Page 171.) Mr. young moved the ad,pti.nor the Ordinance, The motion was seconded by Mr Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody .............. -7.: NAYS: None ..................... O. EASEMENTS-MATER DEPARTMENT: The City Manager reported that the city holds an easement for a water main across Lots 18 and lq, Section 3,.Liberty Land Company, located on Collingwood Street and Fugate Road, N. E., which has been abandoned by the Water Department after construction of a water main in Collingwood Street and recommended the adoption of anOrdinance authorizing the proper city officials to execute a deed of release and qaitclaim for the said right-of-way to the owners of the property. Mr. Young moved to r~fer the proposed Ordinance to the City Att,they for his approral and to place the matter on the agenda for the next regular meeting of Council. Yhe motion was seconded by Mr. Webber and adopted. BUDGET: The City Manager presented his proposed budget fo~ the year 1956, showing estimated general fund revenue of $10,~08,639.00 and proposed general fund appropriations of $11,722,889.50, estimated Water Department revenue of $1,254,600.( and proposed appropriations for the Mater Department of $1,254,O22.76 and $150,000.00 from replacement reserve, and estimated Sewage Treatment revenue of $407,350.00 and prqpo~ed ,approprlations of $407,030.00 plus $20,000.00 from replace- ment reserve, the City Ranager stating that he has prepared his budget estimates on the basis of minimum services and calling Councilts attention to the need of salary adjustments for municipal employees. Mr, Nnldrop moved to take the budget under consideration. The motion nas seconded by.Mr, Young nnd adopted,. STREETS AND ALLEYS: The City Manager advised that he has received an offer to convey to the City or Roanohe two tracts of lend et the intersection of Carlton Road nnd Greadin Road, S, M,, and the intersection of Glllosple Road nnd Grnndin. Road, S, M., for street widening purposes, from the Mesthempton Christian Church end Mr. John A, Somder, the City Manager stating that the offers were made with no reservations and that it ls his recommendation the offers be accepted,. Mr. Hanes moved to refer the matter to the City Planning Commission for study end recommendation, The motlon was seconded by Rr,.Davles end adopte& REPORTS OF COMMITTEES: NON~, UNFINISHED BUSINESS: STREETS AND ALLEYS: Council at its meeting of October 31, 1955, having referred to the City Planning Commission for study and recommendation a communica- tion from the Spring Valley Development Corporation, requesting approval of an alternate roote for the location of proposed Deverley Boulevard across the Orandin Court Schoolproperty to.SpringRoad instead of that proposed by the Planning Commission to:connect to Spessard Avenue, S, M., and the Planning Commission having submitted its report on November 21,~1955, recommending that the proposed extension Of Beverley Boulevard to Spring Road be provided for on the Orandin Court School acreage on the condition that the Spring Valley Development CorpoEotiou acquire the land necessary, either by purchase or by the exchange gr.*lead, adjoining thereto, and improve the street according to the provisions of the Subdivision-Ordinance, and Council having laidthe matter*gent until its next regular meeting, the matter.was again before the body. . .:~ In-this connectiol, the City Clerk presented a communication from the Roanoke City School Board;-advising that a major artery of travel on either side of the Grandin~CourtSchool would be objectionable because Of the traffic hazard to chlldreo attending the school and expressing the hope that this connecting highway might be lecated in another area. Mr. T.L.~Plunkett, Jr;, Attorney for the;Spriog Valley Development Corporation, appeared before Council:and. requested that the body concur in the recommendation'of~.the.City:Planning.Commission, ar;/Plnnkett advising that his client is milling to purchase the necessary land-from the.citycat.the.rate of $2,500.00 per acre or will exchange land adjacent to the schoolproperty for that Herbert A. Davies, Chairman, Mrs~ Mary. C.~Plckett, Mr,.Arthnr .' CONSIDEBATXON*OFrCLAIMS: NONE.:' INTRODUCTION AND CONSIDERATION OF ORDINANCES AND:RESOLUTIONS: · ZONING: Ordinance No. 12564, rezoning property*located on the east side of District to~Lightilndustrial District;~having~previonsly.beenobeforeConncil for its first'reading; read:and:laid~ouer,~was~againbefore:.the~body, Mr; Davies~offeriog the fallowing for its second reading and final adoption: · .,(n12564) AN. OSDINAHCE~to amend and reeaect~Artlcle I~,Secti~n l,.of Chapter 51, of the Code or the City o! Roanoke, Vlrginln,.ie~rolation to, Zoning.', ~ ~(For~full~text of Ordlnaace~ceo~Ordinunce Doo~ Ho. 21, .~'.~Ur~ Davios~moved the adoptidn~of the 0rdiaauoe.~,Yhe~motion uss seconded by Mr. missioned[adopted.by, the following,~votez ...... .' ~ ,~ .', ".' ,-,, AYES~:Councll.members. Daries,,Haeesv. Piokett,~Naldrop~.Nebber~ Young, nad -~ ZONING:.Ordinanoe~Ho.-12565, rezoniag certain properties located.on the sou! side o~Relrose Avenne~:N**~j, between,Tweaty-second Street tndtTwenty-third. Street, from General Residence District and Special Residence:District to Business District, having previously been before Council for its first reading~read and laid over, was again berore,the,body.,Rrt-Dnnes offdrlng the,following for.its second reading and (a12565) AN ORDINANCEto amend and reenaot~Article. I, Sectlon 1, of..Chnpter 51 of the Code of the City of Roanoke. Virginia, in relation to Zoning. "(For~full~text of Ordinance, seeOrdinance Book No. 21, Page'106;) ~Hr. Danes moved the adoption.of.the Ordinance.~ The motion was seconded by Rrs.~Pichett aud':adopted by thefolloming vote:, ~, AYES:~Council-me~bersDavies, Danes, Pickett,~aldrop, Yebber, Young, and the President, Rr. ~oody ........... - ~NAYS:;None ................. O. ~ . · ~t .ZONING:~Ordinance No, 1256~, rezoning property located on First Street, S. D.~south of Elm Avenue, designated on the Official Rap of the city as Lot No. 4020212, from Special Residence District to Business District~ baying,previously be~ before Council for~lts first reading, read and laid over.-was again before the body. Rrs~Plckett.offeriug the followingfor its~secoudreading and final adoption: ~ ,'(m1256~) AN ORDINANCE to amend and.reenact Article I. Section 1. of Chapter 51 of the Code.of the City of Roanoke. Virginia, in relation to Zoning.- (For full text of Ordinance. see Ordinance.Book No~21~ Page 107.) Mrs. Pickett moved thendoptlon of the Ordtnance.~ The motion.was seconded by Mr,:Young,and;adopted by the following vote: '. , ~ AYES: Council members Dasies, Danes, Pickett, Naldrop, ~ebber. Young. and the President, Mr..Woody .... ~ ...... EASEMENTS-STREETS AND ALLEYS: Ordinance No. 12570, granting permission'to the Norfolh and Western Railway Company to OCCUpy with its trachs certain-portions of.stEeets, providing for protectlon~at thegrade nrossingsinvolved and providing the conveyanceto the. Norfolk and Western Railway Company of a perpetuaX easement over~'certain property~owued or to be acqulred~by, the city north'ofNorfolk Avenue, S. E~, having previously been before Council for its first reading, read and. laid over, was again before the body, Mr. Davies offering the following forits second reading and finaladoption: (w12570) AN ORDINANCE granting upon certain terms and co~ditio~s~to the Noufolh~and Nestern Railway Company.permission tooccupywlth its trschs a,portion its.tracks a,portion, of Norfolk Avenue, S. E., as proposed ~o:be relocated~ provid- ing for protection ut the aforesaid grade crossiogs~ae~ authorizing the conveyance to.tbe.~orfol~,aed,~estera RelianT.Company of a perpetual easeBent over certain property owned or to be acquired by the City north of Norfolk Avenee,,S. E.% as proposed to be relocated. (For full,text o£,Ordiounce, see Ordinance Book No~ 21. Page 107.) #r.~Deviea~aoved the adoption of the Ordinance. The motion.was seconded by Hr. #aldrop and adopted by the following vote: : ..AYES: Council,members:Davies, Uanes,: Pickett. Naldrop. ~ebber~: and:the President, Hr. [9odyr--.--~-.~ 6.: ~. = ., ,. ~ ...... . ,~ .,NAYS: None--~-r-. .... ~-0. . (Hr. Young not voting for personal reasons) ~ AIRPORT: Ordinance No. 12571, providinqfor the leasing of the restaurant and certain other premises at the Roanoke Hunicipal Airport to The Cleaves Pood Service Corporation upon certain terms and conditions, having previously been before,Council for its first reading, read and.laid over, was again before the body, ar. Davies offering:the following for its second reading.and final:adoption: ., - (eI2571).AN ORDINANCE providing for the.leasing of the.restaurant and .: certain other premises at Roanoke Renicipal Airport upon.certain terms and conditions; granting certain exclusiverights and privileges,at said,Airport; providing for certain improvements In the Terninal Building of said Airport and the installation of certain fixtures,and equlpaent; and appropriating.the sum.of.$12,945.QO from the General Fund to defray the expenses of~the improvements herolnprovided for. (Fo~ full text of Ordinance, see Ordinance Book No. 2la.Page 110.) Hr. ~avies nq~ed the.adoption o( thq Ord~na~ce. The:motion~was.~econded by Mr. Hanes and adopted by the following vote: ,, ,~YES: Council members Davies, Hanes~ Plcke~t~ M~ldrop, ~ebbar, Yqung, and the President, Dr, ~oody ..... NAYS: None .............. ~-0.. S~WERS: Ordinance No. 12572, establishing a $50.00 connection.charge for anyone connecting ton seuer system.andlJnlting:to 300:feet sewer extensions on which the~cJty will pay one-half.the.cost on any occasion~- having.previously been be~oreCouncll f~r its,first:r~ading~ read and laid,over~ was,again before~tke body. ~ ,Xn,%his.connection, Rr.:,Tom Stockton:Fox,-Attorney~for~the~Roanoke Valley.~ Builders Association, appeared~before Council~and.obJqcted to:the ~doption.of:the Ordinance:quthq,.basis that~t is not equitable to subdividers,who.pay the:total cost,for-the.construction or,sewers ,in subdivisions, and ln_addi~ion.thereto, a plembing~perm~ f~£ ~he~privileg?,of con~ecting ~qld:sqwers~ Rr~:~ox:vgic~ng the oplqion that ~o add the.$50. OO.~coeoection.charge would place an eudee~burden on the Mr. S. Albert Tronpeter appqared in favor~of theadoption of the Ordinance. ,Hr..Davlesoffered the.followi.eg Ordinance fo~iits,secqnd reading-and final · , (n12572) AN ORDINANCE amending.Chapter 28. :"PubllcSemcrs#,,o~ T~eCode of the City of Roanoke, by adding two sections there~o,:said~sections being numbered ~, ~,~, .(For full,text qf.Ordinauce~see,Ordi~ance Book No~ 21~ Pagecll2,~ - .r:~- Mr.:Onvies moved the:adoption, or tbe,Ordlneno~Tbclmo~Lloe:mes*secOnded by AYESc Council members DuTies, Hanes~*Plckettv,~oldreP~ebber~ YouOgo~,aod LICF~SE.TAX CODE~,0rdiunnce~Xo. 12573~ revising The~Lieense:Tax'Code of the City of-Ronnoke,,'having previously'been before Council rot Its'first:rending, rend and laid over, vas again before the body.. ' ~ " Association, appeared before Council and presented;a statement~advisiug that the merchants llcense'tu-the~City of Roaaohe is already in excess'of-those:la'other pay their:part.of, tbe. cost:of:operating-the clty-goveraaent~they are~npposed to the Mr. ~o ~. Kelley, ~resident or the Roanoke Manufacturers ASsociation, appea! Tax Code would be increased fFom $300.00 to $4,&~40 per'annum on the:basis of gross receipts from the furnishing or supplying of such articles:for'sale to and inposed~on'such business ubs:operates within the City of Roanoke a place for the 'uel Oil Corporation, the Roanoke Association of Credit Hen, the Magic City Motor Corporation, the Executive Council of the Roanoke Academy of #edicine, High*s of Roanoke, Incorporated. lid Eiugofr*s. Mr. lebber offered the following Ordinance for its second reading end final adoption: (o12573) AN ORDINANCE imposing and levying license tames for the year beginning January 1, 1956. and ending December 31, lgS6, and also for each and every year. thereafter beginning with January 1st of each such year and ending with December 31st. following, until otherwise changed, for the support of the City government, the payment of interest:on the Cityes debt. and for other municipal expenses; providing for the assessment, collection and payeent or such:taxes and for certain requirements and regulations as an aid thereto; and prescribing certain penalties for the violation of said ordinance. (For full text of Ordinance, see Ordinance Oooh Ho. 21, Page 113.) NF. Webber eared the adoption of the Ordinance. The notion was seconded by Hr. Young and adopted by the following vote: AYES: Council meebers Davies, Hanes. Pickett, Webber, Young.,and the President. Hr. Woody ................ 6. NAYS: Mr..Maldrop ........... 1. LICENSE TAX CODE: Ordinance No. 12574, providing for a five cents per one hundred pounds of weight~increase for license tags for private'motor vehicles, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. ltaues offering the following.for its second reading and final adoption: .' .: ~ (m12574) AN ORDINANCE amending and reenacting Section 4. Private Passenger Motor Y~hicles, not Motorcycles. of Ordinance No. 12331. heretofore adopted on the 20th day of February, 1955, relating to annual license taxes on certain motor vehicles and certain motor vehicle carriers. (For full text of Ordinance, see Ordinance Book No. 21, Page 164.) Mr. Hanes moved the adoption of the Ordinance. The notion was:seconded by Mrs. Pickett and adopted by the following vote:. AYES: Council members Davies, Danes, Pickett, Waldrop, Nebber,:Young, and the President, Hr. Moody ............ NAYS: None ...... ~ ........... O. - Mr; Hanes~thenmoved that a committee consisting of Messrs. Harry R..Yates, Chairman~ James..N. Eincanon and~Jo.Robert~Yhonas prepare.and:subnltto Council an Ordinance ~ provide for a parallel increase on license taxes for motor vehicles other than privatepassenger-motor~vehicies..:lhe:motion was seconded.by.Hr. Davies and :adopted.: .. . , LICENSE TAX CODE: Ordinance:No. 125?5;:;increasing the tax.on.utility bills from-five per,centto.seven and one-halfper cent, having previouslybeen before: Council for its first reading, read and laid over, was again before the body. ..-, :In.this connection, Mr.:JohnC. Parrott, President of the Roanohe Gas Company, appeared before Council and requested~that the body take.action to remove utility consueer~taxes, on gas used for:home heating purposes ~ ,.~ .~ -, - Mr, Leon R;:Kytchenappeared in opposition to the utility consumer tax on electricity~and gas~used for:home:heating purposes,:. ~; ..' ..... · :.' r .The Mayor.stated that this matter is being studied by a committee appointed by Council for~thatpurpose and will be considered upon receipt of the report of 'Hfs. Pickett offered the folloulag Ordinance for its second rending and final udoptioat * (812575) AN ORDINANCE amending and reenacting Ordinance No. 9329, heretofor* adopted on the loth doy of December. 1947. relating to the imposition or utility taxes, fixing the amount of said tax. providing for the collection thereof, and prescribing penalties for the violation of this ordinance. (For full text of Ordinance. nee Ordinance Book No. 21. Page 165.) #rn. Pickett moved the adoption of the Ordinance. The motion mas seconded by Mr. Davies and adopted by. the follcming vote: AYES: Council members Davies. Danes. Pickett. Maldrop. Uebher. Young. and the President. Hr. #oody~ ....... ?. NA?S: Nooe .............. O. LICENSE TAX CODE: Ordinaoce No. 12576. providing for a reduction in the time ulloued on parking meters as.presently established by fifty per cent. having previously been before Council for itc first reading, read end laid over. mas again before the body. #r. Young offering the follomlng for its second reading and final adoption: (n12576} AN ORDINANCE amending and reordaining Section 3?..parkinq meter zones estnblished~ installation of meters; Section 30. Row:parking meters to be installed{ operation{ time limit; and Section 39. Hom parking meters and space to be used; overtime parking{ parapleqics and amputees{ of Chapter 34 "Traffic" of the Code of the City of Roanoke, relating to the establishment of parking meter zones, the installation, operation and ose of parking meters, overtime parking in spaces controlled by parking meters, and providing exceptions for certain paraplegics and amputees, (For full text of Ordinance, see Ordinance Book No. 21, Page 167.) Ur. Young moved the adoption of.the Ordinance. The motion mas seconded by Mr. Nebber.and adopted by the following vote: AYES: Council members.Davies, Hanes, Pickett, Naldrop, ffebher, Yuung, and the President, Mr. ~oody .......... ?.: . NAYS:,Nooe---. ........ ~o--0. : STREETS A~D ALLEYS: Council at its meeting of November 21, 1955. having directed the revision of an Ordinance providing for the closing of Dexter Street (formerly Millow,Laue), N. M., and Panorama Avenue to exclude a portion of Panorama Avenue, Nr. Naldrop moved that the following Ordinance be placed upon its first reading: .(n12582) AN ORDINANCE vacating,.discontinning and closing Nillow Lane and ~also a portion of Panorama Avenue, mhich streets have never been open to the public and which streets, on the map, run from the west side of ~est Side Boulevard (for- merly Oak Grove Road} to the east.side of Fairview Road, in the subdivision known as Panorama Heights. UDEREAS, Roanoke Valley Realty Corporation has heretofore filed a petition before the Roanoke City Council in accordance mlth law, requesting Council to permanently vacate, discontinue and close Millow Lane and a portion of Panorama Avenue, all within the City of Roanoke, Virginia, as said streets are sbomn on the recorded plat of Panorama Heights of record in the Clerk*s Office of the Circuit Court of Roanoke County in Plat Book 1, page 277 and as to the filing of said petit due notice was given to the public as required by-Section 15-766 of the Code of Virginia, as amended, and ..... WHEREAS, In accordant6 with the'prayers or saidpetltion viewers were appointed.by Counoll,on. the.lO~h.day~of Octoher,,1955,,tg ~lqw tho_p~opetty a~d report, in writing whcther.gr not,in their opinion any. end 1~ any, mhu~.in~oeveplen~ would result from permanently, vacating, discontinuing and.closing [aid.s~reets, and :. ..l~EREAS, lt.uppears rron the report lo writing filed mith the City Clerk, together with,the affidavit of.said vieyers,'and from a written recommendation of the City Planning Commission to the City. Council.that no inconvenienc~ would result either to any individual or to the public from permanently vacating, discontinuing and closing the streets above referred to,.to_whlch report no exceptions have been flled,.and : . . , ..... : NHEDEAS, after.due notice published in.The Roanoke.World-News on the 28th day of October, 1955, directed to any.person.interested.in the permanent vacating, discontinuing and closing of said streets, a_publlc.hearlng.was held before the City Council of the City of Roanoke.at2:O0 otclock, p, m,, on.November 14,1955, at which hearing evidence was heard.both for and.against the petition but no evidence being offered of sufficient weight to show that any inconvenience would result either, to anyone or the public, in general by,the permanent.yacatipg, dis- continuing and closing of th~ streets and porti9ns thereof hereinafter mentioned, a MHEREAS,,In the opinion of t~e City Council of the City ~f Rganoke,. the permanent vacating, discgntlnuing.and closing of the streets as set forth herein- after would result in no inconvenience to any individual or to the public, and WHEREAS, the petitioners have agreed to bear and defray the costs and expenses incident to the closing of the said streets. THEREFORE, HE IT ORDAINED by the Council of the City of Roanoke that the following streets or portions of streets within the subdivision known as Panorama Heights and shown on the recorded map thereof, to-wit: All that portion of Nillow Lane, which street has never been open to the public and which street, on the map, runs from the west side of Nest Side Boulevard (formerly Oak Grove Road) to the east side of Fairview Road, and that portion of Panorama Avenue beginning at a point at the inter= section of the north side of Panorama Avenue with the east side of West Side Boulevard; thence with the north side of Panorama Avenue S 76o-o5* E 31~' to a point; thence with a new line crossing across Panorama Avenue S 49o-15* W 50.3' to a point on the south side of Panorama Avenue (40* wide thence with the south side of Panorama Avenue N VOO-05* N 261.6' to a point at the intersection with the east side of Nest Side Boulevard; thence with Nest Side Boulevard recrossieg Panorama Avenue N 21o=00* W 47.6' to the Beginning, be, and they hereby are permanently vacated, discontinued and closed a~d that all right, title and interest of the City of Roanoke and of the public therein is hereby released insofar as the Council is so empomered to do, except, however, there ts reserved unto the City of Roanoke an easement for any sewer lines OF water mains that may now be located across said property, together with the right of ingress and egress for the maintenaoce of such lines and mains, BE IT FURTHER ORDAXNED that the City Engineer bo, and he is hereby dlrected to mark "Permanently Vacated, Discontinued and Closed" the streets and portion of streets above referred to on all maps and plats on file in the office of the City Engineer on which said maps nod plats said streets are shown, referring to the Book and page of Resolutions and Ordinances of the Council wherein this Ordinance shall b* spread. BE IT FURTHER ORDAINED that the Clerk of this Council do forthwith certify to the Clerk of the Rustings Court for the City of Roanoke, Virginia, and to the Clerk of the Circuit Court of Roanoke County, Virginia, a copy of this Ordinance for recordation la the deed books of the respeotlve elerkts offices and ia order that arid clerks way make proper Iotetion OB all uops or pints of record in their respective offices upon which.ere shown the streets or portions of streets heroin permnueatly vacated, discontinued nad closed° ns provided by lnw. The motion was seconded by Mr. ~ebber nad adopted by the following vote: AYES: Council wembers Davies, Dunes, Pickett, Waldrop, Webber, Young, end the President, Hr, Woody ........ ~, NAYS: None ............... O. NOTIONS AND MISCELLANEOUS UUSINESS: STREETS AND ~LEYS: Hr. A. To Loyd, Attorney, appeared before Council, advising that Mr. Paul A. Wood. owner of a tract of land on the west side of Twenty-fourth Street, S. W,, santa of the Norfolk and Western Underpass, has discovered that a portion of his property extends into Twenty-fourth Street while the city owns property of. almost equal area Jutting into his lot, which apparently is the result of a surreyor*s error, and requested that the body authorize the exchange of the two pieces of propeFty. Nra Waldrop moved to refer the request to a committee consisting of Messrs, #alter L, Toung, Chairma~ Arthur S, Owens and Janes N. Kincnnon for study and recommendation. The notion was seconded by Mr, Webber nnd adopted,. There being no further business. Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Monday, December $, 1955. The Council of the City of Roanoke met in regular meeting in the Coancil Chamber in the Municipal Building, Nondsy, December 5, 1955, et 2:00 p. m** the regular meeting hour, with the President, Mr. Woody, presiding. PRESENT: Council members Davies, Danes, Pickett. Waldrop, Webber, Young, and the President, Mr. Woody ............... 7. ABSENT: None ....................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City laaager. Mr. James N. Kincanon Assistant City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend D. L. lleglar, Pastor of the Trinity Lutheran Church. UEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m., December 5, 1955, on the request of Hr. Truman J. Ross that his property located on the northwest corner of Melrose Avenue and Twenty-first Street, N. W** be rezoned from Special Residence District to Uusiness District, and notice of the hearing having been published in The Roanoke World-News on November lB, 1955, and the City Planning Commission having recommended that the request for rezoning be denied, the hearing was held at which Hr. Richard F. Stone, Attorney for the petitioner, Mr. Ross and Mr. D. F. Dodson of the Dodson Brothers Exterminating Company appeared in favor of the petitioner's request. Mr. Stone in his argument stated that since the surrounding property is already zoned for business he feels that denial of the petitioner*s request is discriminatory and submitted a statement signed by twenty-seven residents of the adjacent area, advising that they have no objection to the proposed rezoning. Ho interested persons appeared in opposition to the request. Mrs. Pickett moved to concur in the recommendation of the City Planning Commission and to deny the request of Mr. Ross. The motion was seconded by Mr. Webber and adopted by the following vote: :... AYES: Councilmembers Davies, Pickett, Webber, Young, and the President, Mr. Woody ............................ 5. NAYS:.Messrs. Hanes and Waldrop ........... 2. BUDGET-TAXES: Xn compliance with an informal request of Council; Hr. James A. Armstrong,:Commlssioner of Revenueo appeared before the body to discuss improvement in the method of assessing personal property taxes in the city. Mr. Armstrong presented.a~communication; stating that at a recent meeting of the Local Government Offtcialn Conference held in Charlottesville under the sponsorship of the state the subject of assessing personal property was thoroughly discussed and that from the general opinion of. the Commissioners.present the system used. in Arlington, Virginia; appears~to be the.most equitable, ~r. Armstron submitting forms;used by Arlington and stating that if Council is in favor of changing the method now in owe in assessing personal property he.is in favor of giving the Arlington method a fair trial ns he believes it to be the best system he has heard discussed, #r, Armstrong stating further that ia order to put his office on a more efficient basis it is his r~quest that the body reconsider bis budget request, particularly ther~quest rot office furniture contained therein. In response to a question by Hr. Young, Mr., Armstrong stated that institution of the Arliagto? plan ia his ~pinloa mould not result In u great increase ia tax from personal property, but that he feels the system mould more nearly equalize the assessments among the tax payers than any system he knoms of. Hr. Yebbev then asked if Hr. Armstrong feels that the present forms In use as prescribed by the Department of Taxation of the State of Virginia create an unequal assessment, ~o which Mr. Armstrong replied that he feels the present plan is fair and that he has no recommendations for change, that he has submitted his communication concerning the Arlington system only because he mas requested by Council to consider improvement in the present system. The gayor then stated that it apparently is the consensus of Council that the decision of the method and forms used in assessing taxes on personal property is legally that of the Commissioner of Revenue rather than Council, to which statement the Assistant City Attorney agreed. After some discussion, Mr. Hanes moved to refer the matter to the Commissio of Revenue for the establishment of such system as in his judgment mill produce an equitable assessment on personal property in the city and the adoption of such forms as he feels will be necessary, with the assurance of Council that Jt mill appropriate sufficient funds for printing the needed forms. The motion was seconded by Mr. Naldrop and adopted. CITY EMPLOYEES: Council having previously taken under consideration a request from the United Construction ~orkers that it be designated as bargaining agent for a group of municipal employees, the matter mas again before the body. In this connection. Messrs. Earl B. Lucas and T. H. Price, representatives of the Union, and municipal employees Lawrence G. Payne, President of the Union Local No. 352, Floyd Nashington, Vice President, and Henry L. ~ett, Committeeman, appeared before Council and asked that the body officially recognize the Union as bargaining agent for the municipal employees mbo are members of the Union. Mr. Lucas was asked by members of Council if the Union members could not work with the Employees Association of the city, recently set up, and were advised by Mr. Lucas that working through that association would be entirely unsatisfactory even if employee members of the Union mere represented in the association. Mr. Price advised that the Unionts only request is that the Union be allomec to represent the departments in which its members work. The City Manager advised Council~at he has no objection to any employee of the city bringing.any representative to his office in connection with grievances mhe~her they be Union officials, lawyers or of other professions, and that in the matter of dealing math municipal employees, he maintains an open-door policy in his off~ce. Hr.. Webber pointed out that the City Charter prohibits Council from dictating to the City Ranager as to his me.thod of dealing with munlcipu~ employees u~der his Jurisdiction. Mr. Wa.ldrop moved to refer the Ratter to the City Ranager rot him to handle as an administrative matter. The motion was seconded by Hr. Webber and adopted. PETITIONS AND COHMUNICATIONS: STREET LIGHTS: The City Clerk presented a communication from the Appalachia Eleotrlc Pomer Company, reportiog the replacement of eighteen 6000 lumen street lights with 10000 lumen units on Rllliamson Road betmeen Oakland Boulevard add Rershherger Road. The communication mas ordered filed. LICENSE TAX CODE: The City Clerk presented a communication from Mr. Rarren R. Zollman, suggesting that Council might relieve some of the financial pressure on the city by the levying of a two cent tax on bottled and fountain'soft drinks. Mr. Hanes moved to take the matter under consideration. The motion was seconded by ~r. Davies and adopted. LICENSE TAX CODE: The City Clerk presented a communication from Mr. Frank W. Rogers, Attorney for, The Sperry and Hutchinson Company, requesting a reconsideration of the tax levy on trading stamps in the recently adopted License Tax Code. Mr. Waldrop moved to refer the request to the License Tax Code Study Committee composed of Messrs. Harry R. Yates, J. Robert Thomas and J. N. Kiacanon for study and recommendation. The motion was seconded by Mr. llanes and adopted. REPORTS OF OFFICERS: PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that pursuant to the provision} of Ordinance No. 12536, he made an offer of $1,349.75 to the Pitzer Estate for certain property at .the southeast corner of Second Street and Franklin Road, S. W., needed for street widening purposes, which offer was refused, that snbseqaently he had the property re-appraised by Messrs. C. W. Francis, Jr., James A. Turner and T. Howard Boyer who have recommended that the city pnrchase*the property for thc price of $1,750.00, which attorneys for the Pltzer Estate have agreed to accept - Mr. Webber moved, to direct the City Attorney to prepare.the necessary papers providing for the purchase of the required property at a price of $i,750.00. The motion was s~cgnded by Mr. Waldrop and adopted. ZONING-SETBACK LINES: The City Manager recommended that tbeCtty Planning Commission,be asked to. make a study of the question of. establishing building setback lines for street widening, purposes in the First and SecondFire Districts of the city in order to, provide for orderly growth and expansion.~ Mr? Hanes moved to concur in the recommendation, of the City Manager and to refer the matter to the City Planning Cgmmission for study and recommendation. The motion mas seconded by MFS. Pickett and adopted. AIRPORT: The City Manager reported that he has caused appraisals to be made or certain properties needed for the proposed extension of the runways at the Ronaohe Municipal Airport under General Improvement Plan Mo. I by Messrso James A. Turner, Wiley P. Givens and T. Bomard Goyer, said appraisals being un follows: Parcel No. 1, owned by Wary Elva Coulter, $29,375.00; Parcel No. I-A, owned by Mary Elvu Coulter, $10,000.00; Parcel No. 2, owned by Bessie laez Niniuger, $$,237.50; Parcel No. 3, owned by Bessie Iaez Nlainge~o $4,470.00; Damage to the triangular strip containing 6,87 acres, omned by Bessie lnez Nlnlnger, $ 2,576.25; Parcel No. 4, owned by W. J. Nelson, $1,g30.00; Parcel No. $, omned by Daniel B. Shepherd, $1,476.00; and Damage to the residue of land owned by Daniel B. Shepherd, $1,1gO.00. The City Manager recommended that Council authorize an official offer in these amounts ia order to expedite the mark. Mr. Mebber moved to direct the City Manager to proceed to negotiate with the owners of tbs property, making offers based on the appraisal, and to report the results to Council. The motion was seconded by Mr. Davies and adopted. PARKS AND PLAYGROUNDS: The City Manager reported that Mr. H. J. Dalton has offered to extend the contract under which he operated the pony ride or track at the children*s Zoo during 1955 to cover the 1q56 park season and recommended acceptance of the offer. Mr. Hanes moved that Council concur in the recommendation of the City Manager and that the follomlng Ordinance be placed upon its first reading: (412503) AN ORDINANCE authorizing and directing the execution of a written agreement with N. J. Dalton granting certain concession rights at Mill Mountain Park. WHEREAS, N. J. Dalton has extended to the City a proposal to continue the operation of a pony ride or pony track at the Chlldren*s Zoo in Mill Mountain Park during the 1956 park season; and #HEREAS, the City Manager and the Director of Parks and Recreation has each recommended the acceptance of said proposal upon the terms and provisions hereinafter provided; TflER£FORE, BE XT ORDAXNEB by the Council of the City of Roanoke that the City Manager be, and he is hereby, authorized and directed, for and on behalf of said City, to enter into a written agreement with N. J. Dalton whereby the said Dalton would be granted the right and privilege to operate and conduct a pony ride or pony track concession at the Children's Zoo in Mill Mountain Park for the period commencing May 30, 1956, and terminating ab the end of the closing day of the City's 1956 park season at the said Children*s Zoo, the said Dalton to pay to the City for said rights and privileges the sum of $100.00, cash, on or before May 1, 1956o plus 10~ of the gross receipts and income derived in any way from the operation of the concessions herein granted, said contract to contain such other provisions relating to settlements with the City, the operation and conduct of said concession, the indemnification of the City against any claims arising out of the operation of said concession and other usual provisions as heretofore contained in the written agreement betweee said parties executed under date of Jane B, 1955, except that no bond shall be required of the said N. J. Dalton us heretofore provided in said former agreeweet, said contract to be upon such form ns is prepared and approved by the City Attorney or the Assistant City Attorney. The motion was seconded by Mr. Young and adopted by the follo~lng vote: AYES: Council members Davies, diaries, Plchett, Maldrop, Mebber, Young, and the President, Mr. Woody ....... ~ .......... ?. NAYS: None ........................ O. SE~ERS: Council at its meeting of October 10, lg55,.havlng referred to the City Manager a petition from property owners, requesting that the city construct a sanitary sewer to serve the East Cate addition on an assessment basis, the City Manager reported that to construot sech n sewer would cost approximately $46,1B5.00 and would serve 210 lots on which are 33 houses, the City Manager advising that he cannot recommeod the project. Mr. Young moved to concur in the report of the City Manager and tn deny the petition. The motion mas seconded by Mr. Mebber and adopted. DUDG£T-CBESAPEAME AND POTORAC TELEPHONE COMPANY: The City Manager reported that the Chesapeahe and Potomac Telephone Company inadvertently overpaid its franchise tax to the City of Roanoke in the amount of $2,601.07 and requested an appropriation to provide for a refund of the overpayment. Mr. Nebber moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~12564) AN ORDINANCE to amend and reordain Section miS4, ~Refunds and Rebates#, of the 1955 Appropriation Ordinance, and providing for an eeergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 174.) Mr. Mebber moved the adoption of the Ordinance. The motion was seconded by Ur. Young and adopted by*the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Mebber, Young, and ithe President, Mr. Woody ................... NAYS: None ......................... O. BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager reported that ~1,263.16 of welfare payments recovered~belongs to the Commonwealth of Virginia ~nd that an appropriation will be necessary to corer the refund, which he ~ecommended, Mr. Young moved to concur in the recommendation of the City Hanager and ~ffered the following emergency Ordinance: (u125S5) AN ORDINANCE to amend and reordain Section u154, *Refunds and ]ebutes*~ of t~e 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 21, Page 174.) Mr. Young movedthe adoption of the Ordinance. The motion was seconded by ir. Maldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Pichett, Waldrop, Mebber, Young, and the President, Mr. Woody .................. 7. · NAYS: None ........................ O. BUDGET-AIRPORT:~The City manager requested aa appropriation to provide for the payment, or. ndver, titlag rot bids for lmpvovei~ents at the Roanoke Municipal Airport. la the. amount of $63.$6 amd for appraisal fees for the appraisal or land at the Airport. ia the amount of $375,00. #r. Waldrop moved to ce.ncaa In the request of the City Manager and offered the following emergency Ordinance:. '. . (a12586) AN ORDINANCE to amend and reordaJu Section s142, *Transfer to Improvement Fund', of the 1955 Appropriation Ordinance, and providing for an ,, (For f~ll tent of. Ordinance, see Ordinance Rook No, 21, Page 175.) Mr..Waldrop moved the adoption of the Ordinance. The motion nas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davles~ Banes, Pickett, Waldrep, Webber, Youog, and the President. Rt. Woody .................. 7~ EASEMEnTS-STORM DRAINS: The City Manager reported that'in connection with theconstruction of a storm drain in the Round Hill area as recently authorized private properties in the area and presented on Ordinance, authorizing the acquisition of said easement, mhich he recommended be adopted. Hr. Banes moved tocencur in the.recommendation of the City Manager and offered the following emergency Ordinance: (uI255T) AN ODDINABCE authorizing and directing the City's acquisition of a drainage easement across certain lands to serve a portion of the Bound Hill (For fulltext of Ordinance, see Ordinance Book No. 21. Page 175o) Mr. Danes moved the adoption of the Ordinance. The motion was seconded by Mfs. Pickett and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .................. T, NAYS: None ............. T .......... O. REPOMTS: The;City Waaager submitted a report of the Department of Public Melfare for the months of September and October, 1955, as required by Sections 63-67.1 and 63-6T.2 of the Code of Virginia, and advised that other departmental reports ave on file in his office. The report mas ordered filed. BUDGET-POLICE.DEPARTMENT: The City Manager, reported that the appropriation for Wages.in the Police Departmeutaccoant of the 1955 budget ia lnsofficient for the balance of the year and requested that $200.00 be transferred from the unexpended balance of an appropriation in said account for. Storage of Vehicles to Wages. .; .Mr. Hanes moved to concur iu,the recommendation of the CityManager and offered the following emergency Ordinance: (u12580) AN ORDINANCE to mend nad reordoin Section u60, "Police Depurtmm of the 1955 Appropriation Ordinance, and providing tar un emergency. .(For rul! text of Ordlnnnce, see Ordinance Hook No. 21, Page 177.) Hr. Hales moved the adoption of the Ordinance. The motion mas seconded by Mr. Davies and adopted by the f. Il.ming vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Mebbero Young, smd the President, Mr. Noody ..................... NAYS: None ........................... O. BUDGET-POLICE DEPARTMENT: The City Homager reported that the Emergency Fund in the Police Department amounting to $500.00 is insufficient to meet the requirements of the department and that the Superintendent of Police bas recently found it necessary to advance personal funds to provide for the transportation of prfnloners, the City Manager recommending that the fund be increased from $500.00 to $1,000.00. Mr. Young moved to concur in the recommendation of the City Manager and offered the f,Il,ming emergency Ordinance: (~12589) AN ORDINANCE to amend and reordain Section u154, "Refunds nad RebatesW, of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance D,ok No. 21, Page Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Woody ................... 7. NAYS: None ......................... O. SLUM CLEARANCE: The Assistant City Attorney reported that the Court of Law and Chancery has handed down an opinion in the case of lt. J. Doorman, et al, v. the City of Roanoke and theCity of Noanoke Redevelopment and Housing Authority, sustaining the city's ond the Housing Authority's demurrer to the property omners' bill for an injunction, and that a decree dismissing the suit for the injunction will,he presented to the Court within the next rem days. mhich will put an end tothe litigation pending over the Redevelopment ProJect unless the complainants see fit, tooppeal the decision of the local Court. Mr. Danes moved to file the report. 'The motion was seconded by Mr. Naldrop and adopted. ~ REPORTS~OFCOMMITTEES: . 'LICENSE TAX CODE: Council at its meeting of November 2H, 1955, boring directed the LlconseYax:Code Study Committee~to prepare the necessary Ordinance to increase:license tax. fees on motor vehicles other than private passenger motor vehicles for presentation at the next regular meeting of the body, the committeereported that due to the variance betmeen local and state lams more time will be reqnired toprepare, the necessary amendment, and since the Ordinance will not become effective until April 1, 1956, requested that the matter be postponed until after the present pressing year=end business is clearedamay. Mr. Young noved~to concur in the request of the committee. The motion was seconded,by Mr; Waldrop and adopted. . CLOSING HOHIS::Council ut its meeting of October. l?, 1955~ huvlig referred to u committee consisting of #essrs. Arthur S, Omens, Ruudolpk G. Nhittle end Froth N. Webb u request from drive-iu, food operators*hut Sec*leu 14, Chapter ?0, of:The Code of the City or Roauobe, he amended or repealed, in order to provide for the elimination of the currem on serving food other thsn inside their buildings after midnight, rot study and recommendation, the committee submitted las report, recommending an amendment to the said sec*leu to provide rot the sale of food and drink outside or enclosed buildings until 2:00 otclock, u. m** daily~ ' . ~ Hr. Davies moved to table the report of the committee and that Section 14, Chapter 70, or The Code of the City of Roanoke, remain unchanged. The motion was seconded by Mr. Young and adopted. UNFINISHED BUSINESS: ZONING: Couocil et its meeting of Norember 21, 1955, having referred to the City Planning Commission for study and recommendation the request of Clifton A. Woodrum, Jr., that the remaining portion of the property located on the south side of Helrose Avenue, N. W., at the west corporate limits, be rezoned from General Residence District to Business District, the City Planning Commission reported that the land in question is located immediately to the south of an area previously rezoned to a Business District and that granting the request of the petitioner mould be an enlargement of the existing business area, that the Commission feels that the location of the property is adapted for the development of a regional shopping center mhich will be in the interest of the public at large, and recommended that the petitioner's request be granted. Hr. Davies moved to hold a public hearing in the matter at 2:00 o'clock, p. m., December 27, 19~S, in the Council Chamber. The motion was seconded by · aldrop and adopted. ZONING: Conncil at its meeting of October 3, 1955, having referred to the City Planning Commission for study and recommendation a request from Mr. Hugh Gish that his property located on the east side of Hershberger Road, N. adjoining Grandviem Avenue, Official No. 2270208, be rezoned from General Residence Dlstrictto Business District, the City Planning Commission reported that upon consideration of all the facts involved, it is of the opinion that the development of a shopping center as pr oposed on the property will be advantageous to the large number of property owners in the porthern part of the city and that the proposed location ls the most suitable to serve the existing residential sections as well as new subdivisions to be developed in the future, consequently, the Commission recommended that Council grant*he request of the petitioner. - .Hr. Mebber.moved to set .a public hearing in the matter for 2:00 o'clock, p. m.,.January S, 195~, in the Council Chamber. The motion was seconded by Mr. #aldrop and adopted. ZONING: Council at its ne,ting of October 17, 1955, having referred to t~ City Planning Commission for study and recommendation a request from Messrs. C. F. Kefauver and Leon a. Kitchen that a 3.2 acre tract of land located on the .~smn north side of Cove Rondo N. W,, at its intersection with Lafayette Boulevard, be rezoned from General Residence District to Business District, the City Planning Commission reported that in its opinion the location of the property is suitable for business purposes and that the proper development of u neighborhood business center.thereon will serve the needs of property owners in that section or the city, consequently, the Commission recommended that the request of the petitioner be granted. Br. Webber moved to set.a public hearing in the matter for 2:00 o'clock, p. m., January 3, 1956, in the Council Chamber. The motion was seconded by Danes and adopted. ZONING: Council at its meeting of October 17, 1955, having referred to the City Planning Commission for study and recommendation a request of Br. Charles E. Cain that his property located on the northerly side of Shenandoah Avenue, N. W., west of Thirty-sixth Street, designated as Official Lots Nos. 2640206, 2640207 nnd 2640209, be rezoned from General Residence District to Business District, the City Planning Commission reported that pursuant to request it amended the petition to include the adjoining properties of Alva K.=PeteFs, Lot No. 2640208. and J. E. Bodges. Lots Nos. 2730226. 2?3022? and 264020S. and that In viem of the two existing businesses non located on a portion of the said lots, the Commission is of the opinion that the property is more suitable for business than for residential purposes, and recommended that the request of the.petitioners be granted. Mr. Young moved to set a public hearing in the matter for 2:00 o'clock, p. m** January 9, 1956, in the Council Chamber. The motion was seconded by ~r. Noldrop and adopted. ZONING: Council at its meetingof October 31, lg$5, having tabled the reqoest of Rt. Cabell.Dudley that his property located at 1427 Melrose Avenue, N. W., be rezoned fromSpecial Residence District to Business District, and the City Plaaning~Commissiou having recommended that the request be denied, and.the City Clerk having been directed to ascertain whether or not the petitioner desiresa public hearing, the City Cloth reported that Hr. Dudley does not desire a pablic~be~ringand wishes to withdraw his~request'for resorting at this time. Hr. Waldrop moved to concur and to permit withdrnwal of the request for rezontng. The motion was seconded.by;Yr. Banes and adopted. ~. STREETS AND ALLEYS: Council at ltsmeeting of.November 14,1955, having referredto the City Planning Commission for study.and recommendation a petition from~Brs~ Lena B..NinlngeF, requesting that the original portion of Oakland Boulevard extending southerly from Wentworth Avenue approximately 150 feet.he vacated, discontinued-.andclosed, and~having by ResolutiouNo~12563:appointed viewers to vlewthe said property and state whether or not. in their opinion, any inconvenience would result from:permanently vacating, discoutinuiug~and:closing the street as requested, the City Planning.Commission reported that in view of thefact~tbat the~portion:of Oakland Boulevard ln~question:is the residue of the original street~uhich~was relocated in.the subdivision~of:the Nininger.property, the Cowulsslot Is=of,the opinion that it has no value as u public right-of-way and should be vacated In the best Interests cf all concerned, therefore, the Cowmlssiol.recoumelded*that the request ar the petitioner be granted. #essrs. R,~R. Quick, Dennis J~ Donnell~ and John G~ Jackson, viewers, submitted their report,.stating that in their unanimous opinion no inconvenience would result either to,the public or to BUy person, firm or corporntloafrew permanently vacating, discontinuing and closing maid portion of Oakland Boulevard. ' Mr. Waldrop moved to set a public bearing in the matter for 2:00 p. u**January 9. 1956, in the Council Chamber. The motion was seconded by Hr. Davies and adopted. ZONING:~ Council at its meeting of October 24, 195S, having referred to the City Planning Commission for study and recommendation a request trow Hr. Nernlt W. Plymale that Lots ? and 0. Section 35. Rlvervlew Addition, located on the southeast corner of Patterson Avenue and Tmentieth Street, S. U., be rezoned from General Residence District to Business District. the City Planning Commission reported that in lis opinion the preliminary plans for the proposed development of said lots faf business purposes ere insufficient to Justify rezoning only a portion of the block in question end recommended that the request be denied. The City Clerk advised that Hr. Plymale does not desire a public hearing on the question. hr. Young moved to concur in the recommendation of the City Planning Commission and to deny the request for rezonlng. The motion was seconded by Danes and adopted. ZONING: Council ut its meeting of October 17, 1955, having referred to the City Planning Commission for study and recommendation a request from Nary A. Eaton that her property containing twenty acres situated on the east side of O. S. Route 11 at the northerly corporate limits of the City of Roanoke be reznned from General Residence District to Business District, the City Planning Commission reported that in view of the lack of evidence as to any definite plans for the development of the proposed aboppfug center that will be of benefit to the immediate neighborhood, the Commission is of the opinion that the said tract of land should not be rezoned at this time, amd recommended that the request be denied. In this connection, the City Clerk advised that the attorney for the petitioner has informed him that his client desires a public hearing. Mr. Davies moved to set a public hearing in the matter for 2:00 o'clock, p. u.. January 16, 1956. in the Council Chamber. The motion was seconded by Mr. #aldrop'and adopted. ZONING: Council at its meeting of October 24, 195S, having referred to the City Planning Commission for study and recommendation a request from hr. W. R. Yassthat his property located on the southwest corner of Shenandoah Arenue and Juniper Street, N. W., be rezoned from General Residence District to Business District, the City Planning Commission reported that in its opinion the location and topography of the property make it more adaptable for residential than business use u'nd that fez,ming 0f the property mould result in mspot zoningm cnntrary to the best late'rests of the h,ne hurters in the immediate neighborhood, therefore, the Commission recom,ended that the reqnest be denied. In this connection, the City Clerk presented a letter from Hr. Yass, requesting that he be permitted to withdraw his request for fez,ming at this time.' Mr. Waldrop moved to concur and to permit the mithdrawel of the request for fez,ming. The motion mas seconded by WF. Banes and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLBTIONS: STREETS AND ALLEYS: Ordinance No. 12502, vacating, discontinuing and closin, Dexter Street (formerly Mlllom Lane), N. W** and a portion of Panorama Avenue, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Banes offering the following for its second reading and final adoption: (n12592) AN ORDINANCE vacating, discontinuing and closing Willow Lane, and also a portion of Panorama Avenue, which streets have never been open to the public and mhich streets, on the map, Fun from the mest side of West Side Boulevard (formerly Oak Grove Road) to the east side of Fairview Road, in the subdivision known as Panorama Heights. (For full text of Ordinance, see Ordinance Book No. 21, Page 172o) Mr. Banes moved the adoption of the Ordinance. The motion mas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Nebber, Young, and the President, Mr. Wo~ y ..................... 7o NAYS: None ........................... O. EASEMENTS-WATER DEPARTMENT: Council at its meeting of November 2B, 1955, having directed the City Attorney to review a proposed Ordinance, authorizing and directing the proper city officials to execute a deed of release and quit- claim unto the respective owners of Lots concerned in a certain easement extending through Lots 1-5, inclusive, Map of A. R. Thompson Subdivision, the Assistant City Attorney reported that he has examined the original deed of easement from J. M. Drown, et al, to J. N. Phelps, the operator of the old Wllliamson Road Water Company, and that under the deed of easement no obligation of any sort results if the rights under the deed are released or abandoned, consequently, the city, which acquired the rights of Rt. Phelps under the deed of easement, may now abandon said rights mtthout any resnlting liability or obligation to the present owners of the land which is subject to the easement, the Assistant City Attorney reporting further that he has exaulned the Ordinance as prepared by the attorney for the owners and finds it to be in proper form; whereupon, Mr. Young moved that the following Ordinance be placed upon its first reading: (#12590) AN ORDINANCE authorizing and directing the proper City Officials to execute a deed of release and quitclaim unto the respective owners of the lots coocerned Il · certain easement extending tkrolgb Lots 1, 20 3e 4 ·id 5, as ak*wi by the ha~"o~ ~. i.% T~o~ps~:n $~b~l/lS'l~o o'f Lit' '19' ~nd port's °'r'~Lo:t's ~HEREA$, by instrument dated October 12o 1927, and duly recorded among the public records in the Cle~k*s or'fi~ or 'the' Circuit Court of the County of Roanoke, Virginia, in Deed Book l'7'l,'~ge 546, J. #. Brown and Viola J'. Brown, md J. C, Bradley and Pearl ¥, Bradley, conveyed n· eaeeweot to J. N. Phelps ~or the installation and maintenance of a water line along the line betmeen Lots lO and 19. Section 3. as shown by Hep~ or Llber~Lond Company, Incorporated, with the perpetual right of ingress and egress for the replacing or ~epairJng of same; NHEREAS, the property has been resubdivided as shown by the Rap of A. Thompson, dated November 27, 19~4, and duly recorded among t~e public records in the Clerk*s Office of the Dustings Court of the City of Roanoke, Virginia, in Deed Book 943, Page 242, in which resubdivision the aforesaid easement for a water line runs through Lots 1. 2, 3. 4 and 5 of the said wap, approxiwately twenty-five (25) feet from the'street line;and NR£R£AS. by meson conveyances the City of Roanoke bas required the NDER£AS, a new water line now runs under Collingwood Street in front of said lots. end as reported by the Ho·agar of the City of Roanoke and the Hanager of the Nater Department of the City of Roanoke, the original easement running between Lots Io and 19, Section 3, as shown by the Map of Liberty Land Company. Incorporated, has been abandoned and is of no further use to the City of Roanoke. TItERE~ORE. BE IT ORDAINED by the Council o~the City of Roanoke that the proper City Officials be, and they are hereby, authorized nnd directed, ~or and on behal~ of the City of Roanoke, to execute a proper deed approved by the City Attorney and/or the Assistant City Attorney, whereby the said City will release, relinquish, and forever quitclaim unto the respective owners of the said five ($) lots, all right, title, and interest which the City may have or may claim to have by virtue of the easement conveyed to 3. N. Phelps by deed dated October 12, 1927, and recorded in the Clerk*s O~fice of the Circuit Court of Roanoke County, Virginia. in Deed Boo~ 171. Page 54~, and subsequently acquired by th~ City of Roe·abe, and the Cltl Cler~ be, nnd he is hereby, authorized and directed, for and on b~h~lf of the City of Roanoke, to attest said deed and affix the official seal of the City of Roanoke thereto. The motion was seconded by Hr~ ~aldrop and adopted by the following vote: AY£S: Council members Davies, Hanes. Plchett, ~aldrop, ~ebber. Vow·g, the President. H~. ¥0ody .................... 7. NAYS: None .......................... O. HOTIONS A~O HISCELLA~£OUS BUSIS£SS: CITY ATTORNEV: The City Clerk reported that Ry. James N. Kiucauou has qualified as Substitute City Attorney on December 1, 1955. The ~eport was filed. There being no further business, Council odJoorned. APPROVED Prosldent COUNCIL, REGULAR MEETING, Moeday, December 12, 1955. .; The Coescil of the City of Roanoke met in regular meeting In the Council Chamber ia the Municipal Building, Nonday, December 12, 1955, at 2:00 p. m** the regular meeting hour, with the President, Hr. Moody, presiding. PRESENT: Council members Davies, Names, Pickett, Naldrop, Webber, Young, and the President, Mr. Woody ................. 7. ABSENT: Hone ......................... O. OFFICERS PRESENT: Hr. Arthur S. Owens, City Manager, Mr. James N. Kincanon, iAssistant City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened mith a prayer by the Reverend Robert J. Smith, former Chaplain at the Veterans Administration Hospital. . MINUTES: Copy of the minutes of the regular meeting held on Monday, November 21, 1955, having been furnished each member of Council, upon motion of Mrs. Pickett, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS:. BUDGET-RECREATION DEPARTMENT: The City Clerk presented a communication from the Parent-Teacher Association of Huff Lane School, stating that there are no facilities for public sports recreation in the WlllJamson Road area and request= lng that tennis courts be contrncted in that area to partially fulfill the need. Mr. Webber moved to refer the matter to budget study sessions for the 1956 budget. The motion was seconded by Mr. Maldrop and adopted. ZONING: The City Clerk presented a petition from Mary Moore roy, et al, requesting that their property located on the north side of Patterson Avenue, S. W., between Twentieth Street and Twenty-first Street, be rezoned from General Residence District to Light Industrial District. Mr. Hanes moved to refer the petition to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Young and adopted. ZONING: The City Clerk presented a communication from Mr. William Hopkins, Attorney for Messrs. A. T~ Cragbeadand R. S~ Nilhelm, requesting that their property described as Lots 22 and 23, Blocs IO, Map of Lewis Addition, located on. the northslde of Elm Avenue, S; W., 59.1 feet most of Franklin Road, be rezoned from SpecialResidence District to Business District. Mr. Davies. moved .to refer, therequestto the City Planning Commission for study and recommendation. The motion was seconded by Mr. Uanes and adopted~ ZONXNG: The City Clerk presented a communication from Mr. R. T. Edwards, Attorney for Mr.. Lelgh Batten, requesting that his property located on the southerly, side of Brandon Avenue, 5**N., immediately west and adjacent to the iproperty o~ the Rosalind Hills Heptist Church, be reaoned from General Residence District to Business District, '' Mr. Maldrop.moved to refer the request to the City Planning Commission for study mud recommendation, The motion was seconded by Mr. Davies and adopted. POLICE DEPARTMENT: The City Clerk presented a communication from the State Department of Welrnre and Iastitutioms, transmitting n report of ma lnspectio of the police lockup on November 28, 1955. Mr. Waldrop moved t~ file the communication aid report. The motion was seconded by Mr. Young and adopted. CITY JAIL: The City Clerk presented a communication from the State Department of Welfare and Institutions, transmitting a report of an inspection of the City Jail on November 20, lgSS. Mrs. Pickett sored to file the communication nad report. The motion was seconded by Mr. Davies and adopted. REPORTS OF OFFICERS: SIDEWALK, CURD AND GUTTER=STREETS AND ALLEYS: Council at its meeting of November 21, 19SS, having directed the City #manger to ascertain whether or not the Trustees of the Grandma Court Baptist Church would agree to donate land for street widening purposes on Spring Road, S. R., between Drumbleton Avenue and Noodlawn Avenue. as contained in their offer of September 23, 1955, in exchange for the construction by the city of curb and Rutter along Spring Road, S. between Brombleton Auenue and Woodlawn Avenue, and around the intersection of Drambleton Avenue and Spring Road, as recommended by the City Manager, the City Manager reported that the Urandin Court Baptist Church has agreed to donate the strip of land referred to in consideration of the city constructing curb and gutter In front of the church property on Spring Road and around the intersection of Brnmbleton Avenue and Spring Road, as well as extending the pavement over the widened area. Mr. Danes moved to direct the City Attorney to prepare an Ordinance providing for the acceptance of the S-foot strip of land and the necessary land to provide a 25-foot radius at the intersection of Urnmbleton Avenue and Spring Road on the terms stated. The motion was seconded by Mr. Waldrop and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Comncil at its meeting of November 7, lgSS, having directed the City Manager to secure an up-to-date appraisal on the small parcel of land at the corner of Tmenty-fomrth Street and Salem Turnpike, N. M., which the City Manager has recommended he acquired from Mrs. Susie Horton, and to submit his repot% thereon,, the City Manager reported that he has hod the property appraised by Messrs.. R. L* Rwsh, C. Cecil Flora and J. Tare RcDroom, who have voiced the opinion that the value of the parcel of land in question is $2,000.00, and again recommended that Council authorize the acqulsJt~ n of the tract of land at a price of $2,000. O0, tbe city to retain from the consideration an amomnt sufficient to pay one-half of the actual cost of constructing curb and gutter along the new street line. across said tract. Mr. Hanes moved to concur in the recommendation of the City Manager and to instruct the City Attorney to prepare an Ordinance providing for the acquisition of the tract of land. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: COUnCIl wembers Davies, Names, Pickett, Wmldrop, and the President, Mr. Noody ...... ~ ............................ S. NAYS:Messrs. Webber amd Young ......2.. EASEMENTS-SEMERS-SYREEYS AND ALLEYS: Council at its meeting o! November 21, 1955, having directed the City Manager to confer ulth Mr. R. R. Bush, Attorney for Mrs. Florence #. Jones uqd Mr. Robert. Murray Johnson, to determine whether or not they are agreeable to the acceptance by the city of a 30-root strip of land to be used for. street purposes, said strip of lard extending from the south side of Shenandoah Arenue, No W** in a southerly direction along their east property line to Daker Avenue, with the condition .that the city will establish a setbach line tmenty-flre feet from the center line of the proposed 30-foot street, the City Manager reported that he has had a conference with Mr. Rush and that Mr. Bush has not agreed to alter his offer made to Council gu October 3, 1955, the City Manager stating that since the city can establish setback lines by appropriate action at any time it is hlsrecommendation that the offer be accepted. Mr. Maldrop moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: .. (~125gl) AN ORDINANCE providing for the acceptance of a deed of conveyance to certain pr. opeFty extending from the south side of Shenandoah Avenue, N. M., to be used fur.street purposes.. WHEREAS, Mrs. Florence M. Jones, Mr~ Robert Murray Johnson and Rrm. Patricia R. Johnson have tendered to the City a certain deed of conveyance, prepared under date or,November 1, 1955, whereby said parties, as the owners thereof, mould grant and .convey. unto the City the strip or. parcel of land here- lnafter described sabject tothe conditioa~ however, that said laud shall be used as a public street~and, in the event.and at such time as said land shall cease tobe used as a public street, the.fee simple therein shall revert to the said Florence M. Jones and Robert Murray Johnson as of their original estate therein and said par.ties shall then have the immediate right of re-entry and repossession, such conveyance to be for anominal consideration of $5.00, cash; THEREFORE, BE XT ORDAINED by the Council of the City of Roanoke that the aforesaid offer of Mrs. Florence M. Jones, Mr. Robert Murray Johnson and Mrs. Patricia R. Johnson to convey to the.City fo~ a nominal consideration of $5.00, cash, the following described strip or parcel of land, to-wit: :: - BEGINNING at a point, on the southerly side of Shenandoah Avenue, N. W., at a steel pin L, Rush ~ Son--Realtors, showing 6.564 acre .. ~:: . tract, etc..* which-said Plat/is attached to and made a part of the hereinafter mentioned .- deed;.thenc~ along Shenandoah Avenue S. 85° 7' M. 30 feet to a point; thence leaving Shenandoah Avenue S. 6° 36 1/2' E. 344.64 . · feet to a point; thence N. 65° 41" E. ?O ·· feet,'more or-lessto thepoint of intersection of the southerly side of Baker Avenue, N. :.,~(formerly T~out Roadl, and:the ea~sterly line : of said 9,564 acre tract; thence along easterly · .line N. 15° 25'.M 30 feet, more or less,~.to the northerly line of Baker Avenue; thence $. 85° 41"g. 38 reef.to corner 56 as'shoal sa sold alp; thence along the easterly line of said 0.564 acre tract which is the dividing line betaeea the property or the parties of the first part sod S, W. Holrstoa H. 8o 36 1/2' W. 314.64 reef to Shenandoah Avenue it the place or HEGIRNIHG; to be used for a public street, bat Jn the event sad at such time as said laud shall cease to be used as a public street, the rue eiuple therein to revert to the laid Florence M. Jones and Sobert Murray Johnson, be, aid Jt is hereby, accepted HE IT FURTHER ORDAINED that the proper City officials be, and they are hereby, authorized sad'directed to accept from the aforesaid grnatore their deed of conveyance to the City dated the 1st da7 of Hovenber, 1955, conveying said land to the eft7 upon the terms and coeditfocs herefnabove provfded ned. upon seca acceptance, to cause the same to be recorded in the Clerk*s Office of the Hustings Court of this City. The motion was secosded by Mr. Hanes and adol~ed by the following vote: AYES Cacncll members Davies, Hanes, Pickett, Mnldrop, Webber, Young, and the President, Mr. Moody ........................ T. NAYS: None ...... ~ ....................... O. -BUDGET-ELECTIONS: The City Manager reported that he has been advised by the Roanoke City Electoral Board that the Electoral Board Is experiencing difficulty in securing competent judges and clerks for elections at the present rate of $10.00 per day and that the Hoard bas recommended that the rate be increased to $15.00 per day. Mr. Maldrop moved to refer the matter to the budget study sessions for t~ 1956 budget. The motion was seconded by Mr. Young and adopted. SMOKE CONTROL: The City Manager reported that he has received a request from Mr. G. Eric Sachets, Chairman of the American Legion Americanism Committee, requesting that it be permitted to burn discarded Christmas trees at various points Jn the city on Monday, January 2, 1956, to "kick off" the March of Dimes campaign in the city, the City Manager advising that he has declined the request os being contrary to the Air PollutiOn Control Ordinance and thus a violation of low. The Mayor stated that he has received a letter from the Chairman of the Air Pollution Control Advisory Board, opposing granting of the request of the committee. Mr. Sachets appeared before Council and stated that the committee intends to use the burning of the Christmas trees as a publicity measure'to attract attention to the March of Dimes' and that t'he burning'of* the' trees would be at sites approved by the Fire Chief and under the supervision of the Fire Department if permission is granted~ Mrs. Harry L. Rosecbaum. Chairman of the March of*Dimes, appeared before Council in support of Mr. Sache~*s request', Hrs. Rosenbauw stating that the request is not something peculiar to Roanoke, but'part Of a national project of the American Legion, and tha~ in h~ opinion the p~oject wou~d be of considerable help to the March of Dimes campaign. Mr. Mebb'er moved that Council go on record ns approving the Rarch or Dimes campaign, but that the request or the American Legion Americanism Committee be denied aa being in violation of lam. The s,tmon mas seconded by Hr. Davies and adopted by the f,Il,ming vote: AYES: Council members Davies, Hones, Pickett, Rebber. Young, and the President, Mr. Moody ............................ NAYS: Mr, Maldrop ....................... 1. In this connection, Rr, Names and #rs. Pickett stated that their vote of "aye' on the question means approval of the Rarch of Dimes campaign and not approval of rejecting the request of the Amerclnn Legion Americanism Committee. RUOGET-LIRRARY: The City Homager reported that the Director of theRoanoke Public Library has requested authority to purchase a gas heater for the Uilliamson Road Library Station at an estimated cost of $12s.25 from the balance remaining in the Improvement Fund. Library Account, and has also requested amah,rial to purchase books with the residue of said Improvement Fund after the purchase of the heater, the City Manager advising that the balance in the Improvement Fund is $12g.00 and that he concurs in the request. Hr. Maldrop moved to concur in the request of the City Manager and offered the fell,wi.ag Resolution: (~12592) A R£SOLRYIO~ authorizing the purchase of a gas heater for the Roanoke Public Library at an estimated cost of $125.25 from the unexpended balance In the Improvement Fund. Library Account; authorizing the purchase of books with the remainder of the Improvement Fund after the purchase of the heater; and providing for an emergency. (For full text of Reshlution, see Ordinance Rook No. 21. Page 100.) Mr.' ~aldrop moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted by the f,Il,ming vote: AYES: Council members Davies, Hanes, Pickett, Naldrop, Rabbet, Young, and the President, Hr. Moody ........................ NAYS: None .............................. O. HEALTH DEPARTMENT: The City Manager reported that he has had several conferences.with the Commissioner of Health and the State Public Health Veterinarian concerning Ordinance Ho. 12436, relatlng~to ~e sale of meat and meat productsin the City of Roanoke, and that the conferees are of the opinion that Section 3 of the said Ordinance, reading as f,Il,ms: ... "Nothing in thisOrdinance shall prohibit the sale of meat by a farmer from an animal raised and ~ .slaughtered under sanitary conditions onbis farm, provided that the carcass of such animal is first submitted for inspection, with the lnngs, heart and liver attached, to, and is inspected and passed by, a veterinarian . approved by the Commissioner of Health. The actual costs of such an inspection shall be paid by the farmer. The inspecting veterinarian shall affix such stamp of approval, as is designated by said Commissioner, ''' ~ to all wholesale cuts that are passed.~ should be repealed aa being impractical add that the effective date of the Ordinance should be extended~from Janaary 1, 1956, to April .1, 1956; which ~latter date m,aid bt after,the current farmers* meat season, the City Manager stating tknt he'planned to kave,tke ~oumissiouer of Healtk,and the State Public Health Veterinarian present,at tke,next regular meeting of Couneilaad has.presented the matter ut this time.in,order .thatmeubers of,Council wight consider the proposal prior to submission of au Ordinance amending the present one. The matter:was.tabled until the next regular weeting or council. HHHGET-HEALTH DEPARTMENT: .The.City.Homager reported that the Commission~ of Health has advised that there are-insufficient funds in.the 1955 budget to corer the coat of dental-clinics for the year and~requested a transfer of $400.00 from Snpp]len to Dental Clinics lo the Health Department account of the 1955 budget, the City Manager recommending that the request be granted. Mrs. Pickett moved to concur iR the recommendation of the Clay Manager m d o£Zered the following emergency Ordinance: (z12593) AN ORDINANCE'to,amend end reordain Section adO, 'Health Departmen~ of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 21, Page 181.) Hrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Hr. Hanes and adopted by the following vote: AYES: Council members Davies, Hones, Pickett, Waldrop, Webber. Young° and the President, Hr. Moody ........................ 7. NAYS: None .............................. O. REPORTS OF COMHITTEES: BRIDGES: Couocil at its meeting of August 294' 1955, having appointed a committee consisting of Messrs.. Arthur S. Owens, Chairman, Randolph G. Mhittle and Harry R. Vanes to study the question of necessary land acquisition for a vehicular underpass under the tracks of the Norfolk and Western Railway Company to connect Liberty Road and Mandy Road, N. E., and the question of widening Liberty Road from Lukens Street to connect with said project, the committee sobmitteda report, advising that the approximate cost of constructing such an uoderpass mould be $105,185.00, which the committee considers should be the first step in the project, and recommending that Council direct the proper City officials to ascertain if the Norfolk and Western Railway Company would be receptive to paying a portion of the cost of such nnderpass, the Chairman stating that this report does not include the widening of Liberty Road. .Hr. Webber moved to concur in the report of the committee and to direct d~ City Manager to negotiate with the Norfolk and Mestern Railway Company to ascertain whether or not it will pay a portion of the cost of the construction of the said underpass. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett, Maldrop, Mebber, and the President, Mr. Woody ................... 6, ~! NAYS: None ........... r .......... O. (Mr. Young not voting for personal reasons) , ' . SEWAGE. D. ISPOSA.L: Council at its meeting of September 26, 1955, having referred to a committee consist, lng of Hessr~.Roy L. Mebber, Chairman. Walter L. Young, Arthur S. Owele. ned RlndolphG. Mhittle i communication from the Comity or Roanoke, requesting cer~·lu ehnuge~ In the con~r·¢t or ~eptenber 28, 1954, betwee· the city tad the County,~denling with trentne·t or domestic and connercinl wastes, · portion or'which req·est has bees dealt with iu~a report or the committee or October 20,,1955, the comwlttee submitted · second report, stating that it has cowple~ed its investigations and studies deeliag~with the third area or the request, and reoonne·ded th·t.~he contr¢ct be amended to include the area consisting in ge·eral or all or the properties embraced in the Maps or Nindsor Bills I and 2. Mlndsor Court I and 2~ Nlndsor. Parh. Ne~t. Mlndsor Bills, Lee-Bi ParR, Meslern Bills, Brynoor Park,Landother properties embraced within the aforesaid boundary. Mr. Maldrop moved to COnCUF in the reconnendation of the connittee and offered the following Resolution: (~12594) A R£SRLBTION auending the contract or September 29, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment or domestic and connercial wastes; and providlngfor au emergency. (For full text or Resolution, see OFdinance Book No. 21, Page MF. Naldrcp nosed the adoption of the Resolutio·. The notion nas seconded by Mrs. Pickett andadopted by.the following vote: AYES: Council members Davies,.Hanes, Pickett, Maldrop, Mebber, Young, and the President, Mr. Woody--~ ...... ~ ............ ? NAYS: None ............................ O. STREETS AND ALLEYS: Council at-its meeting of November 28, 1955, having referred.to a committee consisting of Messrs. Halter L. Young, Chairman, Arthur S. Owens ·nd~J. N. £incanon.a.conmunication fronMr. A. T. Loyd, requesting that Council authorize an exchange of property between.the City of Roanoke and Mr. Paul A. Mood-on the west side of Twenty-fourth Street, S. M., betweenPatterson Aven·e and the Shaffers,Croasing Underpass, the committee submitted its report, stating that Br. Mood is the owner of the northeast corner of Lot 29, Block 43, Mast End and RiverrlewMap, which actually projects within the right=of-way of Tuenty*fourthStreet, and~that the.city:'ls.the ortner.of the southwest corner of Lot 27, Block 43, Nest End and Biverview nap, nhich is the residue of a lot formerly acquired for street widening porposes,.the ;southwest.corner of.which is not in,the streetarea, the.committee stating.further that in its opinion the city will never in.the future have~any-use~for:the .small portion:of Lot 27 and that~the~city sho·ldown .that portion-of Lot 29~uhlch projects into the right-of= way of the aaid.street~ the committee stating further that.its investigation reveals that by reason of the relocation:of Mest:Avenoe~.abottic9 Lot 27, and the .closing of,ao.:alley.along.the_rear_otLnt 29,:portions ~of the; street and alley have.accrued tom:the respective lots on which they abutted, therefore,, the committee recommended as follows: .~ · .~ . ~...~ .That~the Council, by proper ordinance, authorize* and direct that upon delivery to the City of a ' ' :: ~ good and~sufficlent deed wherebyMr;~Paul A. Mood, or the lawful owner thereof, would convey, quitclaim and release to the City all of that portion of the northeast corner of Lot 29 extending across the ,' .~29 Street, S. I., ir sold right or wa7 Isle were owners' right, tikle aid interest in sod to thak portion.of~n former alley which obuttedLot 25 but which is ROW within the right of way of 24th Street, thor the~City execute nad deliver to said owner its deed releasing and qultelalmiog to said obits the prosent west line or 24th Street nod, also,the Ctt7*s right, title and interest lo amd to that part or lest Avesue, heretofore closed, .which rormerly~ab#tted Lot.27 and which upoa the closing of said Avenue, reverted to the City as the owner of abutting Lot 27. In this connection, Hr. Lgyd. Attorney rot Mr. Mood, sppeored before Council and requested that the body adopt no Ordinance outhorJzing the exchonge of load as recounended by the committee. ir. Banes moved that Council concur in the report of the committee and that 1he following Ordinance he pinned upon its first rending: · (~12595) AN ORDINANCE authorizing the release nnd quitclaim of a suall parcel or lnnd comprising the residue of Lot 27, Bitch 43, according to the Nap of Nest End and Rlverview Lond and Hanufaetnring Company, upon certain terms ond conditions. NNER£AS, the City heretofore, in the 7ear 1932, acquired all st Lot 27, Block 43, according to the Hap of lest End and Riverview Load nnd Manufacturing Company, the greater portion of which said lot.was thereafter incorporated into uhot is presently 24th Street, S. I** but leaving, as a residue of said original lot, a small, unusable portion containing npproxiuately 690 square feet of land abutting the present west line of 24th Street S. N., and ~HEREAS, subsequent to the purchase of said Lot 27, ~est Avenue, $. I. extending lest of 24th Street, S. #. (Boulevard) has been closed by City Council for the City of Roanoke, Virginia, under Ordinance No. 11002, and the City, as owner of Lot 2T, Block,43, according to the Hap of lest £nd and BJverview Land and Hanufacturing Company became owner of half ofthe abandoned street in front of said lot, and NHEREAS Club View Corporation is the owner of Lot 2B, Block 45, according to the Nap of lest End and Riverview Laud and Nanufacturiog Compnny and the Northeast corner of said lot. containing approximately 1359 square feet, extends Into 24th Street, S. I. (Bnnlevard),.and IN£BEAS, Club View Corporation owns all of the property In Block 43 according to the aforesaid Hap and has chnnged lest Avenue, S. #. to a new location Just South of the one closed, and has offered to quitclaim and release to the City all of its.right, title and interest in that portion of Lot 28, Block 43, of the.aforesaid:map which would be east of the west line of 24th Street, S. W,, if extended as a straight line through said lot, together with all right, title and ownership in the alley north of Block 43 adjacent to that portion of Lot 28 above described. THEREFORE. be it ordained by the Council of the City of Roanoke, that upon execation and delivery to'the'CitY of a good and sufficient Deed on form approved by tkeClty Attorney, to that portiomor Lot 20, Block 43,.according to the Map or west End and Biverrlem Land. and Manufacturing Company which would be east of the west lime of 24th Street, S. M.,.ir extended as · straight line throughsaid lot, together with mi1 right, title and ownership in the alley north or Block 43 adjacent to that portion of Lot 20 above described, the proper City Officials shall be and they are hereby authorized and directed rot and on behalf or the City of Roanoke to execute and deliver to Club Vlem Corporation the Clty*s Deed of Release and Quitclaim, Bt form approved by the City Attorney, to that Southwest portion of Lot 27, Block 43, according to the aforesaid map as is not within the present right-or-way or 24th Street, S. W., together with all the Cltytn right, title and interest in that portion of West Avenue formerly abutting said Lot 27, west or the present west line of 24th Street, S. The notion wes seconded by Mr. Maldrop and adopted by the following vote: AYES: Council members Davies, Banes, Pichett, Maldrop, #ebber, Young,and the President, Mr. Moody .................... 7. · . NAYS:.None ...............~ .......... O. ~ SEMAGE DISPOSAL:.Council at .its meeting of november 21, 1955, having referred to a committee consisting of Messrs..Boy L. Mebber, Chairman, Walter L. Young, Arthur S. Owens and Randolph G. Mhittle a communication from Mr. Clifton A. Moodrum, Jr., requesting that Council grant permission to the Roanoke Electric Steel Corporation to make a sewer connectlon.withthe main interceptor llne of the City of Roanoke which lies immediately to the east of the property of the corporation, for study and recommendation, the committee submitted its report, stating that the property of the Roanoke Electric Steel Corporation lies in Roanoke County, and that In view o~ the city*s existing contract with Roanoke County re~ating to the transmission and treatment of sewage originating within certain designated areas o~ the county, the commlttee Is of the opinion.that the granting of said request by the city might be premature until such tine as the applicant has first requested sewer service from Roanoke County, and recommended that Council withhold approval of the request, pending such action as the Board of Supervisors of Roanoke County way take upon an application made to:the Board by the Roanoke Electric Steel Corporation. Mr. Naldrop moved to concur in the report of the committee. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Banes, Pickett, Naldrop, ~ebber, Young, and the . President, Mr. #o~dy .................... NAYS: None ...................... O. (Bt. Davies not voting for personal reasons) UNFINISHED BUSINESS: BONE. CONSID£RATIO~ OF CLAIMS: NONE. INTRODUCTION AHO CONSIDERATION OF ORDINANCES AND RESOLDTIONS: . PARKS AND PLAYGROUNDS: Ordinance No. 12583, granting Mr. N. J. Dalton the right and privilege to operate and conduct a pony ride or pony track concession at the ChlldreA°s ZOO IA Mill Mountain Park during thq 1956 park season, having previously been beforeCon·oil rot tis= first rending, read md laid over. was again before the body, Mr, Davies offering the foil·miME for its second reading and final adoptions . ~.. (s12503) AN ORDINANCE nuthoriAl·g and directing the execution or · written agreement mltb W. J. Dalton granting certain concesslea rights at Mill Mountain Park. (For.full text or OrdfAance, see~Ordin·nce Hook No. 21, Page I?H.) Mr. Davies moved theedoptfon of tko Ordinoxce.~ The motion was seconded by Mr. Voldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody ..................... ?. NAYS: None ........................... O. EASEMENTS-MATER DEPAHTMENT: OFdinance No. 12SgO, authorizing and direct is{ the proper city officials to execute · deed of release and quitclaim unto the respective owners of the lots concerned in a certain easement extending through Lots I-S, inclusive, Map of A. H. Thompson Subdivision, having previously been before Council for its first reading, read and laid over, was again before the body, MF. Maldrop offering the following'for its second reading and final adoption: (n12590) AN ORHINANCE authorizing and directing the proper City Officials to execute a deed of release and quitclaim unto the respective owners of the lots concerned in a certain easement extending through Lots 1, 2, 3, 4, and 5, as shown by the Map of A. R. Thompson Subdivision of Lot lg and parts of Lots 16 and 20. Block 3, Liberty Land Company, InCorporated. (For full text of Ordinance, nee Ordinance Book No. 21. Page 179.) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Yonng and adopted by the following vote: AYES: Council members Oavies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ........... ?. NAYS: None ................. O. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting.of December 5, 1955, having concurred in the recommendation'of the City Manager for the purchast of a parcel of land at the southeast corner of Second Street and Franklin Road. S. W., at a cost of $1.750.00, for street widening purposes, and baying directed tht preparation of a~ Ordinance to carry Out said recommendation, Mr. Danes offered the folloming emergency Ordinance: (n12596) AN ORDINANCE providing for the acquisition of a small parcel of land at tho southeast corner of the intersection of Franklin Road and'Second Street S. W.; appropriating the sum of $1,750.00 for. the purchase thereof; repealing Ordinance No. 12536 relating to the acquisition of said parcel of land; and providi for an emergency. (For full text of Ordinance, see Ordinance Book No. 21. Page 103.) Mr. Banes moved the adoption of the Ordinance. The motion mas seconded by Mrs. Pickett and adopted by the follomlng vote: AYES: Council members Davies, Hanes, Pickett, Naldrop, Nebber, Young, and the President, Mr, Woody ......... .NAYS: ~one---~ ............. O. MOTIONS AND MIS~ELLANEOHS BUSINESS: UUDGE~.~*coRFENSATION BOARD: Council at Its meeting of October 31, 1955, having adopted Resolution No. 12549, recommending tp the Compensation Board the. fixing or salaries, expenses and oth~r requirements in the office of ~he Couissioa of Devenue for the calendar lear 1956, on certain conditions, wherein w~s included "1 Class 9100 Tax Accounting Addressograph Machine ~ith Supplies, Plates and Cabinets' at a cost of~$1T,25~.05, approval of which equipment bi Council was conditioned upon approval by the State Compensation Board of "3 National Book- keeping Machines and 9 additional Form Bars" at a cost of $16,065.00, as contained in Resolution No. 12547, adopted on the 31st day of October. 1955. making recommend tion t9 the Compensation Board for the fixing of salaries, expenses and other requirements in the office of the City Treasurer for the calendar year 1956. end Council having been advised at an informal meeting of Oecenber 9, 1955..held for the consideration of the 1956 budget; that the State Compensation Hoard has advised Mr. J. B. Johnson, City Treasurer. that if Council will amend its Resolutionsto provide for transferring to the Treasurer*s account the tax accounting addressogru machine contained in the Commissioner of.Revenuers account the Compensation Board will approve the request, thereby eliminating a six monthst delay in the purchase of this piece of equipment by reason of an Act of the Legislature adopted in the 1952 General Assembly to provide for state participation in the cost of equipment In the office of the Commissioner of Revenue becoming effective on July 1. and Council at said informal meeting having directed the preparation of Resolutions amending the aforesaid Resolutions to provide for the transfer of "1 Class ql00 Tax Accountin9 Addressograph Machine with Supplies, Plates and Cabinets~ at a cost of $17,257,05 from the recommendations for the Commissioner of Revenue*s office to the recommendations for the Treasurer*s office, Mr. Davies offered the following Resolution: (z12597) A RESOLUTION amending Resolution No. 12547, heretofore adopted the-31st day of October. 1955, making recommendation to the Compensation Board for fixing the salaries, expenses and other requirements in the office of the City Treasurer for the calendar year 1956~ by adding one certain item of equipment; and providing for an emergency. (For full text of Resolution, see Ordinance Hook No. 21. Page ID4.) At this point, ~r. ~ebber stated that while he has no objection to the purchase of the equipment, which he feels will increase the efficiency in handling the cityts tax assessment and billing, he feels that transferring of the ~em from the office of the Commissioner of Revenue to that of the Treasurer would be devise to circumvent the law since the purpose for which it is to be used is clearly a function of the office of the Commissioner of Revenue. Hayor ~oody then stated that unless action is tahen at the present meeting of Council, the Compensation Hoard will not have before It any amended decision of Council prior to mahlng its awards for the 1956 budgets of the constitutional officers since its awards are made on December 15th, which will be prior to anothe: meeting of Council. 33 Dr. Young moved to table the Batter until the next regular nebtlng of C,eon Th~ motion uae lost for look of a second. Dr. Davies then moved the adoption of the Resolution, The notion mas seconded by #rs, Pickett and adopted by'the r,Il,wing vote: AYES: Council members Davies, Danes, Pickett, Waldrop, and the President, Mr, Roody .................... 5. HAYS: Wessrs, Webber and Young ...... Hr, Davies then offered th~ following Resolution With regard to the budget of the Commissioner of Re~enne: (ni2590) A RESOLDYION amending Resolution No. 12549, he'et,fore odo~ ed on October 31, 1955, ~aking recommendation to the State Compensation Doard for the fixing of salaries; expenses and other requirements in the Office of the Commisslon~ of the Revenue for the calendar year 195&, by deleting one item therein; and pr,vid. lng for an emergency. (For full text of Resolution. see Ordinance Hook NO. 21, Page 186.) Rt. Davies moved the adoption of the Resolution. The notion was seconded b! Rr. Waldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, ~aldrop. and the President. Hr. ~oody ............................... 5. NAYS: Messrs. Webber and Young--2. There being no further business. Council adjourned. APPROVED A~ Presz--d-~nt COUNCIL, REGULAR HEETING, Houduy, December 19, 1955. The Council of the.City of Roanoke met in regular.meeting la the Council Chamber in the Nunicipal Building, Monday, December 19, 1955, ut 2:00 o'clock, p. w., the regular meeting hour, with thq President, Mr. Moody, presiding. PRESENT: CoulcJl members Davies, Hanes, Pickett, Muldrop, Webber, Young, and the President, Hr. Moody ................... 7. ABSENT: None .... ~ ...................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. James N. Kincanon, Assistant City Attorney, Mr. Harry R. Yates, City Auditor, and Hr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend M. #, llnyzlett, Pastor of the Melrose Avenue Methodist Church. MINUTES: Copiea of the minutes of the regular meetings held gu November 28, 1955, and December 5, 1955, having been furnished each member of Council, upon motion of Mr. Hanes, seconded by Mr. Davies and adopted, the reading mas dispensed mlth and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC NAYTERS: EASEmENTS-STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m., December 19, 1955, on the request of the Norfolk and Mestern Railway Company for the relocation of a certain portion of Norfolk Avenue, S. extending from First Street, S. E., to the Second Street leg of the Jefferson 5treat Viaduct, and on the question of permanently vacating, discontinuing and closing certain other portions of Norfolk Avenue, S. E., betmeeu First Street and Third Street, and notice of the public hearing having been published in The Roanoke Morld-News on November 30, 1955, and the City Planning Commission having recommended that the request of th~ Railway Company be granted, the hearing was held at which no one appeared for or against the petition. Mr. Mebber moved that the following Ordinance be placed upon its first reading: (a12599) AN ORDINANCE authorizing and directing the relocation of a portion of Norfolk Avenue, S. E** extending from First Street, S. E., to the Second Street leg of the Jefferson Street viaduct; vacating, discontinuing and closing a portion of Norfolk Avenue between First Street, S. E** and Third Street, S. E** effective upon the completion of:tberelocatiun of a portion of Norfolk Avenue, S. between First Street, S. E., and the Second Street leg of the Jefferson Street viaduct; and directing the City Manager and the.City Engineer to proceed with certain steps to effec[aate the construction of the aforesaid relocation project. MHEREAS, this Council has heretofore approved0 in general a plan providing for the vacating and:closing of certain portions of Norfolk Avenue, between First Street, S. E., and Third Street, S. E.; and. * MHEREAS, this Conncil has heretofore, by Ordinance No. 12561, approved in general a plan providing for the relocation of a portion of Norfolk Avenue betmeen First Street, S. E** and the Second Street leg of the Jefferson Street viaduct, and MHERRAS, the aforesaid proposal that certain portions or Norfolk Avenue, S, E** be reloonted ned certain other portions thereof beclosed nad vacated bas been considered by the City Planning Commission odd said Commission has recommended to the Council, la writing~ that said proposal be adopted by the Council and effected; aid . , .... , MNERKA$, n public hearing has this day beeaheld lu connection with the aforesaid proposal to relocate certain portions or Norfolk Avenue, 5. E** had said public hearing lo opposition to the.afnresaid proposal; end MHEREAS, there are aD property omaers in the vicinity mhose rights CF privileges will be abridged by the aforesaid proposal; ned KHEREAS. no inconvenience to the public will reselt [rom the aforesaid proposal, THEREFORE, DE IT ORDAINED by theCouncil of the City of Roeeohe~that the said Council doth hereby outhorize the relocation of a portion Of Norfolk Avenue extending from First Street, S. E., to the Second Streetleg of Jefferson Street viaduct generally ia accordnnce with Plan No. 4100 heretofore prepared by the- City Engineer, under date of earth 9, 1955. revised December IS, 1955. and on file in said City Engineer's office; and BE IT FURTHE~ ORDAINED that the City Manager and the City Engineer be and they are hereby directed to proceed with all reasonable dispatch to carry out the directives to them contained in Ordinance No. 12561; and RE IT FURTHER ORDAINED that the Council of the City of Roanoke doth hereby permanently vacate, discontinue and close that certain portion of Norfolk Avenue, S. E., bounded and described as follows: BEGINNING ut the point of intersection of the eorth line of the proposed relocation of East Norfolk Avenue with the present north.line of East Norfolk Avenue and in the south line of right of way of the Roanoke Terminal Dlvislou of the Norfolk and ·estern Railway Company, said point being about 19 feet distant southwardly from and at right angles to the center line of eastbonnd main trach of said ~ailway at or about Station 13355 plus 92 and at Mile Post N-257 plus 1601 feet, more or less, as measured from Norfolk, Va.; thence with said north line of the proposed relocation of East Norfolh Avenue, crossing present East ~orfolh Avenue, 88° So' 21' M about 93 feet to a point in the south line of present East Norfolk Avenue; thence with the south line of present East Norfolk Avenue N 63° 23* 25~ M about lg feet to its intersection with the east line of Second Street, $. E.; thence with theeast line of Second Street, S. E., S 1° 09' 39# N, crossing the proposed center line of main track - west leg of wye - Minstoo-Salem Line of said Railway at or about Station 8 plus 84, a total distance o~ 9.11 feet to a point in the north line of the proposed relocation of Eaat ~orfolk Avenue; thence with said north line of the proposed relocation of East Norfolk Avenue N 60° 50' 21' M about 6 feet to a point 9.5 feet distant southmestwardly from and radial to the proposed center line of main track - west leg of wye - #inston-Salem Line of said Railway; thence by a line parallel with and 9.5 feet distant south- westwardly from the proposed center line of said main track as folloms: curving to the left with a radius of 4gb.69 feet northwestwardly about feet to a point radial to said proposed center line at P. T. Station 12 plus 15.98; thence N 83° OS' SS, I 95 feet to · point at right a·gles to said proposed center line at point or frog at Station 13 plus lO. gSz thence bF · Straight line aorthuestwardly about 60 feet to · pol·t ia the east line of First Street,'S. E**.produced north- wardly, said point being 9.5 feet distant S 1o 10' 02'~W from the center liRe'of eastbound.wain track of said Railway at or sbout Station 13362 plus 88 and at Rile Post N-257 plus 2397 feet, wore or less; thence with said east line or First Street, S. E., produced, N !o !0' 02~E ·bout 2.3 feet to · point in the north line of present East Norfolk Avenue, the south line of right of way of s·id Railw·y Company; thence with said line ·f. Avenue and right of way as follous: S 60° 40* 53' £ about 105 feet to a polaR; thence S 76 42* E about 271 feet to a point~ thence S 63° 23* 26# E about 210 feet to the point of beginning and containing about 9,TO0 square feet or 0.223 of an ·ere, more or less, as shown In yellow on Plan N=25005, prepared in the office of the Chief Engineer or the Norfolk and Restern Railway Ccupany under date of November 14, 1955, mhich sold Plan is exhibited with this Ordinance and on file in the office of the City Clerk; said vacation and closing to take effect upon the completion of the aforesaid relocation project; and BE IT FURTHER ORDAINED that upon the completion of the aforesaid relocation ~roJect the City Engineer be and he is hereby directed to murk "permanently vacated lnd closed" that certain portion of Norfolk Avenue. S. E.. hereinabove provided to be permanently vacated, discontinued nnd closed on all maps and plats on file in the Office of the City Engineer of the City of Roanoke, on mhich maps and plats said portions of Norfolk Avenue. S. E., are shown, referring to the book and page of Resolutions and Ordinances of the Council of the City of Roanoke wherein this Ordinance shall be spread; and HE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the Hnstings Court of the City of Roanoke, Virginia, an attested copy-of this Ordinance together with a copy of aforesaid Plan H-25005, in order that said Clerk may record the same and make proper notation on all naps or plats, if any. recorded in his office upon which are shown the said portions of Norfolk Avenue, S. E. The motion was seconded by Mr. tlanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Rubber, and the President, gr. Woody ................... ~ ..... NAYS: None ........................... O. (Mr. Young not voting for ersonal reasons) HEALTH DEPARTMENT: The City Manager having recommended the adoption of an ,rdinanceo amending Ordinance Ho. 12436, relating to the sale of meat and meat prodncts, to Council at its meeting of December ~12, 1955, at which time the matter was laid over until the meeting of. December:lg, 1955, the matter was again before the body. ~ : Dr. Charles M. lrvin, Commissioner 'of Health. and Hr. G. S. Kennedy, Director of Sanitation, appearedbefore Council and explained that the revision of ~e Ordinance in question is designed to permit inspection of meat raised by farmers to be performed under the federal and state government programs and eliminate the necessity of farmers securing the services of city appointed veterinarians. Hr. Holmou Willis, Jr** Attorley, representing several meat pochers, appeored and stated that section 2 of the Ordinance. as presently ou the boobs and proposed for amendment appears to require em official seal or legend on meat products which, in his ciient*s oplnlUn, alii require aa additional inspection or the meat products niter they-have been processed.from meets officially Inspected by the United States.Department of Agriculture's Heat Inspection Service, and recommended that Section 2.of the Ordinance be amended to provide for astatemeut that the meat products have been manufactured from properly inspected meats when the processing is done at a plant sot under federal inspection, in order to eliminate the necessity of employing an additional inspector at the processing plant. Mr. Lorenz Heuhoff, Jr** appeared with Hr. Willis, supporting the request. Mr. Hanes moved to refer the proposed amended Ordinance to a committee composed of Messrs. James N. Klncanon. Dr. Charles H. Irvin and G. S. Kennedy for rewriting Section 2 thereof ~ permit processing of meats properly inspected and certified by the federal and state governments into meat products at a separate plant without the employment of an additional inspector at the processing plant. The motion mas seconded by Mr. Webber and adopted. PETITIONS AND COHHUNICATIONS: BUDGET-SCHOOLS: The City Clerk presented a communication from the Boanoke City School Board, requesting that $9,500.00 be transferred from Transportation, $6,500.00 to be transferred to Operation of School Plant and $2,000.00 to be transferred to Fixed Charges, in the Schools account of the 1955 Budget. Mr. Webber moved to concur in the request of the School Hoard and offered the following emergency Ordinance: ¢=l~hOO} ANOHDINANCE to amend and reordain Section =120, 'Schools", of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 21, Page 189.) Mr. Webber moved the adoption of the Ordinance. Yhe notion was seconded Hr. Young and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber. Young, the President. Mr. Woody .................... NAYS: None .......................... O. PURCHASE OF pROPERTY-SCHOOLS: The City Clerk presented a communication from the Boanoke City School Board. advising that the Board has voted to secure and exercise an option on 10.6 acres of land owned by Mrs. Maggie T. Wertz, said land being bounded on the north by Salem Turnpike. on the south by Troutland Avenue, on the east by Westmood Boulevard and on the mesa by property omned by Haislip, et al, at a price of $2,000.00 per acre. the acreage to be determined by survey, the'property to be used ns n site for the erection of an elementary school in the northwest section of the city. Hr.. Kebber moved to file the communication. The motion mas seconded by Mr. Young and adopted. PLANNING CORRISSIONS: The City Clerk presented · COBmUBicutIoR from the City Planning Cowwissi'ou, transmitting a report of a Joint committee of the several Planulug Commissions in Roanoke City, Roanoke County, the Tows of Salem and the Tout of Vlnton, al,ag with · proposed lemoranduw or Agreement between the several local governments, recommending the establlskmeat of a Regional Planning and Economic Development Commission in the area, the City Planning Commission advising that the State Regional Planning Act authorizes the Governor. in his discretion, to make available to each regional planning and economic development commission a SUB Aot to exceed $$,000,D0 annually to be used touurd defraying the expenses of such a comuiss$on, the City Planning Commission advising further that in lts opinion u budget of $10,000,00 would be required to establish and operate the Regional Commission for the first year, $5,000.00 of which should be appropriated by the four governing bodies on the basis of population of each participating Jurisdiction according to the latest United States Census. Rt. Young moved that Council go on record as tentatively approving the recommendation of the City Planning Commission,. subject to the approval of the other participating local governments, and to the Governor of Virginia approving $5,000.00 of state funds for use of the proposed commission, and that the matter be referred to a.coomittee consisting of Messrs. Roy L. Webber, Chairman, Nalter L. Young, Arthur,S. Omens, Janes N. Kincanon and J. Robert Thomas, presently considering legislation and Charter changes for the city. The motion was seconded by Mr. Hanes and adopted. REPORTS OF OFFICERS: . SEMAGE DISPOSAL: The City Manager presented a ~ommunication from Mr. Frank Chapman, Town Manager of the Town of Salem, advising that beginning Monday, January 2, 1956, the Town of Salem will begin, delivering to the City of Roanoke sewage in accordance with the contract betweenthe Town of Salem and the City of Roanoke dated the 16th day of October, 1953, amd inviting members of Council and municipal officials to attend the ceremony at the sewage metering station near the confidence of Mason"s Creek and Roanoke River at 10:00 o~clock, a. m., January 2, 1956, when the valve will be opened in-th*sewage transmission line. Yhe report was ordered filed ..... ~:. ~ BUILDINGS: The. City. Manager presented a communication from the Southern Varnish Corporation, requesting, that necessary action be takento permit~it to construct on;open shedto cover a shipping dockbetween~two buildings at its plant, which:permission has been denied, by~the~Building Inspect,res:being. contrary to the Building Code and by the Board of Zoning Appeals on an appeal from the~Bullding Inspector*s decision. Mr. Hanes-moved to refer, the. request to a committee:consisting-of Messrs. Walter L.~Young, Chairman, Herbert A. Davies and Arthur S. Owens for study and recommendation. The motion was seconded by Mr. Waldrop:and adopted. .REPORTS OF COMMITTEES: NONE. . . ~: . UNFINISHED BUSINESS: NONE ..... : : .: .CONSIDERATION OF CLAIMS: NONE,~ ,: .... INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: EASEMENTS-SEWERS-STREETS AND ALLEYS: Ordinance No., 12591, providing for the acceptalce of a deed of conveyance to certain property extending from the south side of Shenandoah Avenue, N. W** to be used for street purposes, having previously been before Council for its first reading, read and laid over, was again before the body, Mrs. Pickett offering the following for its second reading end final adoptiol: (e12591) AN ORDINANCE providing for the acceptance of a deed of conveyance to certain property extending from the south side 6f Shenandoah Avenue, N. ,to be used for street purposes. (For full text of Ordinance, see Ordinance Book No. 21, Page 187.) ars. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Manes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody ....................... 7. NAYS: None ............................. O. STREETS AND ALLEYS: Ordinance No. 12595, authorizing the release and quitclaim of a small parcel of land comprising the residue of Lot 2Y, Block 43, Mast End and Rivervlew Land Company Map, upon certain terms and conditions, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Davies offering the following for its second reading and final adoption: (~12595) AN ORDINANCE authorizing the release and quitclaim of a small parcel of land comprising the residue of Lot 27, Block 43, according to the Map ~of West End and Miverview Land and Manufacturing Company, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book NO. 21, Page IG9.) Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Manes, Pickett, Waldrop, Webber, Young, and the President, Mr. Moody ...................... NAYS: None ............................ O. PURCMASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of December 12, 1955, having directed the preparation of an Ordinance, providing for the purchase of a small tract of land on Salem Turnpike and Twenty-fourth Street, N. W., from Mrs. Susie O. Bottom, for a consideration of $2,000.00, the city to retain from the consideration an amount sufficient to pay one-half of the cost of constructing curb and gutter along the new street line across said property, Mr. Manes moved that the following Ordinance be placed upon its first reading: (a12601) AN ORDIMANCE authorizing and directing the acquisition of approximately 5,850.94 square feet of land at the southwest corner of the inter- section of Salem Turnpike and 24th Street, N. W., to be used for street purposes, upon certain terms and conditions. WMEREAS, Council deems it necessary that the City acquire the parcel of land hereinafter described for the purpose of mfdening and improving Salem Turnpike immediately west of its intersection with 24th Street, N. W., and Mrs. Susie G. Hortou, the present omuer of said land, has offered in writing to sell and convey-the same. to the City. upon the terms hereinafter provided; and RHEREAS, this Council, after careful study of the matter, his concluded that the terms or said offer ute reasonable under the circumstances and should be accepted by the City. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the aforesaid offer of Mrs. Susie G. Horton, made in writing under date of. November 1, lq55,.end containing, the terms and provisions hereinafter recited, be, nod the sane Ss hereby accepted and that the proper City Officials he, and they are hereby, authorized to accept, for and on behalf of the City, from Mrs. Susie G. Horton, or. the lawful owner thereof, a proper deed of bargain and sale conveying to the City, without warranties on the part of the present owner, the following described tract or parcel of land situate in the City of Roanoke to be used for street purposes:, BEGINNING at. a point on.the southwest corner of Salem Turnpike and 24th Street, N. W.; thence on ,' the west side of, 24th Street, S. 60,58* W. 35.66 feet to a point; thence S. 6° 58* W. 50.91 feet .... to a point on same; thence with an arc distance of 75.12 feet, whose chord bearing is N. 40° SI* 30" W. and distance is 66.70 feet to a point; thence N. 86° 41' H. 101.20 feet to a point; ,, thence N. 6° 5DIE. 34.62 feet to the south side of Salem Turnpike; thence N. 09° 58' E. 55.06 feet to a point on the south side of Salem Turnpihe; thence H. 89° SO' E. 96.07 feet to the place of BEGINNING; AND beiog the same property shomn on a plat mode in the Office of the City Engineer of the property to be acquired by the, City Of Roanoke from Susie G. Dorton, dated Hay 18, 1955, and revised October 28, 1955, being Plan No. 3943; and containing 5,950.94 square feet. more or less; at a purchase price of $2,000.00, cash. said deed to as Is approved by the City Attorney. BE IT FURTHER ORDAINED that the City Manager directed, immediately upon the City's acquisition of be upon such form, otherwise, be. and he is hereby, the aforesaid property, to take the necessary action to widen Salem Turnpike by the inclusion of the aforesaid land within the right of way of said street and. further, to install a curb and gutter along the new street line. including the rounded corner at the southwest intersection of S'alem Turnpihe and 24th Street, N. R., the cost of which said curb and gutter shall be borne equally between the City and the said Mrs. Susie G. Horton. provided, however, that tie share of the said Brs. Susie G. Hortos shall not exceed the sum of $165.00 and provided, further, that the City shall retain from the porcbase price above-mentioned an amount sufficient to pay said omnerts share of said costs. T~e motion mas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies. Hanes, PJcYett. Raldrop, and the President, Mr. Woody ............................... 5. NAYS: Messrs. Webber and Young--2. :~ :SIDEMALK,:CURB AND. CUTTER-S~REETS AND ALLEYS: Council atlts meeting of December 12,~1955, havlng:dlrected~the, prepuratioa, of*an Ordioance,~provlding for tho~ncceptance of a~S-foot, mide~strip of:lend mlong. Spriag. Rond, S. betweem;Brembleton Avenue end Hoodlumn Aveaue,;oud sufficient lumd. to provide for a 2S-root radius st the intersection of Bramble*on Avenue aod~Spriug Road, from the Grandin Court Baptist Church, in consideration of the city constructing curb:eadgutter in:froot of. the church property on Spring Road and around the intersection*of Brawbleton. Aveuue, and Spring Road,~S..M**~und. exttudingtbe pavement over. the. midened, area, Hr. Haldrop moved that the following Ordinance be placed upon lts first reading: . : (u12602) AN ORDINANCE providing for the widening and improvement of Spring Road, S. #., between Brambleton Avenue and loodluwn Avenue, S. H., and for the acquisition of certain property necessary for said project. MHEREASo the congregation of the Crandin Court Baptist.Church, owner of the land on the southeast side of Spring Road, S. M** between Hrambleton Avenue and Hoodlaun Avenue, has offered, to grant and convey to the City n 5-foot strip of land extending along the east aide of Spring Hoad between the avenues abovementloned and, in addition, sufficient land ~ the intersection of Spring Road and Hrambleton Avenue to provide for rounding the corner of said intersection with a 25-foot radius from the property line,, provided the City mill, without cost to said church or its congregation, thereafter construct a nam curb and gutter along the entire of the southeast side of Spring Road between the aforesaid avenues and around the rounded intersection aborementioned and will extend the street pavement over. the widened street area; and . #HEREAS, the Council deems it advisable and to the best interest of the City that the aforesaid offer be accepted and that the said additional land be acquired and the street improvement be constructed; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby, authorized and directed to accept from the Trustees of the Grandam Court Baptist Church a deed conveying to the City a 5-foot wide strip of land along the southeast side of Spring Road, 5. between Bramble*on Avenue and Hoodlawn Avenue and, also, sufficient land at the intersectJ'on of Spring Road and Brambleton Avenue to provide for rounding said intersection with a 25*foot radius, as measured from the new property line, the detailed description of said land to be as approved by the City Engineer and the deed to be upon such form as is prepared and approved by the City Attorney, the City to agree, in consideration of the aforesaid agreement, to construct and install a new curb and gutter along the entire of the southeast side of Spring Road between Brambleton and Moodlawn Avenues and around the rounded intersection of Spring Road and Brambleton Avenue and to extend the existing pavement over the street area thus widened. BE XT FURTHER ORDAINED that, upon the delivery to the City of the deed of conveyance abovementtoned, the City Manager shall be, and he is hereby, authorized and directed to proceed to effectuate the street improvement herelnabove provided, the Ctty*s cost of the same to be paid out of funds appropriated to the Street Construction - Rights of May Account, The motion was seconded by Mrs. Pichett nnd adopted by the following vote: AYES: Council eeabers Ouvi~s. Hanes, Pickett* Nuldrop, Webber, Young, nnd t~e President, Mr. loody--~ ..................... NAYS: None---~ .......................... O. TAXES~ Mr* lebber stated that it mill be necessary to amend the Code of the City of Roanoke to provide fo~ the continuance of the $2.72 tau rate now being levied on personal and real property and offered the following emergency Ordinance: (n12603) AN ORDINANCE to amend and reordnin Section I of Chapter 17 of the Code of the City of Roanoke, as heretofore amended, establishing the rate of and levying an annual tax upon all real estate end improvements thereon, upon all items of household tangible personal property enumerated in Section 55-829 (9), (10), (11) end (12} of the 1950 Code of Virginia. upon all machinery and tools, including machinery end tools used in manufacturing and mining businesses. upon the tangible personal property of public service corporations except rolling stock of corporations operating railroads by steam, and upon all other tangible personal property in the City, not exempt from taxation by law and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 21, Page 190.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Nebber, Young, and the President, Mr. ¥oody .... ~--7 ............ NAYS: None ...... ~ ................... O. MOTIONS AND MISCELLANEOUS BUSINESS: WATER DEPARTMENT: Mr. C. B. Clemmer, operator of the concession at Carvins Cove, appeared before Council and advised, that be has constructed a dwelling at the concession stand on the Carvins Cove watershed into which he and his family have moved and that he has been motif.led by the Director of Parks and Recreation that he will have to move off of the waters.bed In compliance mlth Section II (5) of the Rules and Regulations adoptedby Council covering the Carvins Cove watershed, Mr. Clemmer pointing out that in his bid for the concession dated April 21. 1952. he agreed to furnish a 24-hour watch for boats and motors, that prior to his moving to the Cove property was stolen or damaged by reason of the inability of the Police Department to maintain a 24-hour watch, mr. Clemmer requesting that Council amend the Rules and Regulations to permit him to live In the Cove area. Mr. Webber moved to refer the request to the City Manager for study and recommendation, and in the meantime, to permit Hr. Clemmer to maintain his residence In the Cove area until the City Manager submits his report and it is acted on by Council. The motion was seconded by Mr. Hanes and adopted. SEWERS: Mr. George W. Reed, Jr., Attorney, appeared before Council and stated that his clients, Lester and Rush Realty Company, are planning a subdivision on the west side of Hollins Road, N. E., at the north corporate :43 limits Of Ib~ c'lSy', and mJsh to connect the semer from the said subdivision to the trnek line being installed up Tin'kev Creek by the County of Roanoke, have been enable to get en answer either from the city or the county, Hr. Reed requesting that Council take action to clarify the situation, Relays. Charles c. Rush, Jr** and George E. Lester, Jr., appeared lo suppor or the request. Mr. Reed mas instructed to pat his request la uritlng, giving full details, and to submit said reqaest to the City Clerk for inclusion on the agenda of the next regular aeetlng of Council. ZONING-SETBACK LINES: Mr. Banes stated that he feels some measure should be taken to alden Hollins Road, N. E.o from Route 460 to the city corporate limits, and moved to refer to the City Raoager the question of establishing a setback line on Holllns Road for study and reconnendation. The motion nas seconded by Hr. Webber and adopted. BUDGET-COMMISSIONER OF REVENUE: The City Manager reported that he has received bids for the preparation of a new type of personal property form to be used Jn connection with the 1956 assessment by the Commissioner of Revenue and that an appropriation of $390.00 is necessary to pay for said forms, mhlch he recommended. Mr. Waldrop moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~12604) AN ORDXNANCE to amend and reordaln Section aS, *Commissioner of Revenue", of the 195S Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 191o) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Hr. Young and adopted by the follouing vote: AYES: Council members Davies, Hanes. Pickett, Waldrop, Webber, Young, and the President, Mr. Roody .................... 7. NAYS: None .......................... O. There being no further business, Council adjourned. APPROVED rresxoent COUHCIL, REGULAR mEETING. Tuesday, December 27, 1955. The Coneofl of the City of goenoke met fo rego~ur weetfug la the Council Chamber in the #unicipal Building, Tuesday, December 27, 1955, at 2:00 o'clock, p. m., the regular meeting hour, with the President, Mr. Woody, presiding. PRESEnt: Council members Hones, Waldrop, Webber, Young, end the President, Hr. Woody ................................ 5. ABSENT: Council members Davies. and Pickett ............ 2. OFFICERS PRESENT: Mr. Arthur S. Owens, City Hanager, Br. James N. glncanon, Assistant City Attorney. Mr. Harry R. Yates, City Auditor, and #r. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by Br. Leigh B. Hanes, Jr., Vice iayor. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONINO: A public hearing having been set for 2:00 o'clock, p. m., December 27, 1955, on the request of Mr. Clifton A. Woodrum, Jr., Attorney, that property located on the south side of Melrose Avenue, N. l., at the must corporate limits of the city, in the rear of and adjoining a tract of land parallel to Melrose Avenue previously rezoned to a Business District, be rezoned from General residence District to Business District, and notice of the hearing having been tnblished in The Roanoke World-News on December 9, 1955, and the City Planning ~ommfssfon having previously recommended that the request be granted, the hearing was held. Mr. Clifton An Woodrum, Jr., appeared and Stated:that the detailed description oF the property was amended prior to publication of the notice of the hearing by inclusion of the description of a 40-foot uide lane running from east to west through the said property which was previously included in the eneral description, but was overlooked in detail. No objections were presented by property owners or other interested parties the affected area at the hearing.. Mr. Webber moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: .. (~12605) AN ORDINANCE to amend and re-enact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to haye propert, situated south of Melrose Avenue and east of and adjacent to the .resent west corporate line designated on the Tax Appraisal Map of the City of oanoke as a portion of Lots No. 2761701 and 2762211, and all of Lot No. 2750101, ~ezoned from General Residence District to Business District, and WHEREAS, the City Planning Commission has recommended that the above ~roperty be rezoned from General Residence District to Business District as requeste* ,46 RREREASo notice required by Article Zl, Section 43, or Chapter 51 of the Code or tke City of Ronlohe, Virginia, relating to Zoning. hms been published in #The Roonohe ¥orld-Neus#. a newsps~er published in the City of Rooeoheo rot the tJue~required by said section, nnd RR£REA$, the hearing ns provided for lu said notice published in the sold newspaper was given on the 2?th doy of December, 1955, nt 2:00 o'clock, p. before the Council of the City of Roanohe in the Council ROOB in the Runicfpol Building, at which hearing no objections were presented by property owners and other interested parties in the affected area, end YHEREAS, this Council, after considering the application for rezoning, is of the opinion that the above property should be rezoned as requested. THEREFORE, HE IT ORBAINED by the Council of the City of Roanohe that Article I. Section 1. of Chapter 51 of the Code of the City of Roanohe, Virginia relating to Zoning, he amended and re-enacted in the following particular end no other, viz: Property located~south of #elrose Avenue and east of and adjacent to the present west corporate line of the City of Roanohe as shown on the Tax Appraisal Rap, to-wit: (a) The southerly portion of Lot No. 2761701, containing approximately 9.8 acres, boun- ded on the west by Peters Creeh and the west corporate limit of the City; on the north by a zoning line through said Lot No. 2761701 drawn 500 feet southerly from and parallel to the present south line of Relrose Avenue and on the south by the northerly line of Lot No. 2?62211. hereinafter described; and (b) A strip or parcel of land 40 feet wide and approximately SOO feet lnlength, designated on said map as the westerly portion of Lot No. 2?62211; bonnded on the west by Peters Creek and the west corporate ll~lt of the City; on the north by the 9.8 acre tract above-described; on the east by the west line of Polk Street extended northerly; and on the south by the 6.56 acre tract here- inafter described as Lot No. 2750101; and (c) A tract or parcel of land containing approximately 6.$6 acres, designated on the aforesaid tax Appraisal Rap as Lot No. 2750101 and bounded on the west by Peters Creek and the west corporate limit of the City; on the north by Lot No. 2?62211, above-described; on the east by the west line of Polk Street, N. and on the south by the north line of a 2S-foot wide ~nnamed street or alley running from Polk · Street to Peters Creek. be, and is hereby, changed from General Residence District to Business District, and the Zoning Rap of the City of Roanoke shall be changed in this respect. The motion was seconded by Hr. Hanes and adopted by the following vote: AYES: Council members Danes, #aldrop, Webber, Young, and the President, Mr. Woody ............................. 5. NAYS: None .................... O. (Council members Davies and Pickett absent) LICENSE TAX CODE: Hr. John H. Wilson, Jr., Attorney, appeared before Council and stated that he represents G. R. Dances engaged in the business of promoting dances and objected to the provisions of Section 90 of the License Tax Code, levying a tax on orchestras performing in the city, gr. Nilson requesting that consideration be given to revising the License Tax Code to eliminate the tax on orchestrca mhere such orchestras ere employed by promoters ~nying e tax under Section 40 or the License Tnx Code. Nr. Freddie Lee of The Freddie Lee Orchestra appeared and presented e :ommunicstion. suggesting that the license tnz levied under Section go or the License Tax Code be placed against individual musicians rather than against organizations, suggesting nn individual license tax of $5.00 and requesting that mbntever license tax Council levies against orchestras be made to apply equally to all orchestras performing in the City of Roanoke, whether under the sponsorship of an individual, club or promoter. Hr. Price H. flurst, Jr., of the Price Hurst Orchestra appeared before Council and stated that the orchestras In the city have no objection to paying a license tax as determined by Council, but that he feels the tax should apply to all orchestras operating in the city for a profit. Hr. W. D. Hopkins, rep~ seating American Legion Post No. 3, appeared and requested that the section be amended to provide for n lesser license than the lannual amounts provided under Section 90 for entertainments scheduled for only lone or acre nights mhere out-or-town entertainers are involved, Hr. Hopkins statlng that the annual licenses now provided for will tend to reduce the amount of rentals the American Legion can realize on Its auditorium because of the tldifficulty of having bands or oFchestras come into the city for periods of short iduration and having to pay an annual license fez. - Hr. Jack Bi Coulter, representing the Roanoke Junior Chamber or Commerce, appeared nnd stated that'as he presently Interprets Section.90 of the License Tax Code It will apply to the Hurter Theatre presenting plays in the cie! and requested that Council give consideration to exempting from the tax charitable and nonprofit organizations. -. - Hr. Hanes moved to refer the matteF to a committee consisting of Hessrs. HUFFy R. Yates, Chairman, J. Robert Thomas and J, N. Kincanon for study and recommendation. The motion was seconded by-Mr. Haldrop and adopted. · PETITIONS AND COMMUNICATIONS: STORAGE TANKS: The City Clerk presented a communication from Smithey and Boynton,.Architects~and Engineers, requesting that Council grant permission for the installation of a 5,000-gallon oil storage tank under a lO-foot dead-end alley extending~northward from Kirk.Avenue, S. W;, east of the MacBain Building Corporation property, ia connection with .the proposed construction of a building to be erected by.the said corporation for Killer and Rhoads, Incorporated. Nr. Webber moved to refer~the request to the~Clty ianager for study and recommendation.and that-the City #manger and~the City Attorney prepare the-- necessary Ordinance~ granting the request, if the City Nanager so recommends. The motion was,seconded by Hr. Yonng-and-adopted~ ......... SEt(ERS: The City Clerk.presented a communication from the Brentwood Sales and Development Corporation, requesting that Council take the necessary action in order to;provide a sewer connection for aproposed;subdivlsion of an 80-acre tract of-land, formerly.part-of the A. W, Coon Farm,' located adjacent to Ilollins Road lB the nortkeuut section or the city, said CORRection to be made with the interceptor line being constructed by the Roanoke County Sanitarium Authority Mr. Young moved to rarer the.request to the Semer Committee consisting or Messrs. Roy L. Nebber, Chairman, Ma~ter Lo. Yonngo Arthnr$&Owens end Euudolph G. Mhittleror study und~recommendution,-~The motion,was seconded by Mr. #nldrop and adopted. : ~ , : , ., ~ , .~ ~UDGET-LlflRARIE5: Tbe~Cftr. Cierk presented a Resointlou of the Roanoke Public Library Board, requesting permission of Council to discontinue operation of the Buena Vista Book Station, stating that in its opinion said station does not hare sufficient requests rot books to Justify itscontinued operation. CELEBRATIONS-CITY. GOVERNMENT: The City Clerk presented a communication f~m (~12606) A RESOLUTIO~ amending and re-enacting Resolution No~ 12530 absent) Planning Commission. recommending the acceptance fromStarr ~. Cromwell of presentation to Council.. The motion was seconded by Mr. Mebber and adopted. · Mr. Voung moved to concur tn the recommendation of the City Planning S~WAGE DISFOSAL: Tbe,~Clty,~lerk~preseateda Resolution from the Board of SuperyitOrSrOr Roanoke Canary, stating,that,the Coanell7 Memorial Haptlst Church located in the County or Roanoke alii mshe application to the City or Roanoke roy mnter.~ervice, nod in the opinion o! the Board of Supervisors, ir water service lsprovided by the city, it will be to the best interest of all concerned if the City of Boanohe denis directlywlth the applicant for namer service as wellq~ Mr. Webber moved to file the Resolution. The motion was seconded by Young and adopted. .REPORTS OF OFFICERS: FIRE ~EPARTRE~T: The City Manager reported that Captain Eugene M, Meador of the Fire Department who was injured fighting a fire on September 2, 1955, is still unable to.resume his duties and that.the authority to pay Captain Mendor's salary, heretofore granted by Council, will expire January 1, 1956, the City iManager recommending that Council authorize payment of the salary of Captain iMeador for an additional sixty days. Mr. Webber moved to direct the City Attorney to.prepare the necessary Resolution carrying out the recommendation of the City Manager. The motion was seconded by Hr.,Young and adopted. .. . BUDGET-JUVENILE DETENTION HOME: The City Manager reported that the appropriation for recreational supplies at the Juvenile Detention Home contained in the 1955 Budget is insufficient to meet requirements for the year and recommended an appropriation of $?0.00 to provide for the payment .of rental on fllm~ for the,months of,November and December, 1955. . Mr. Young moved to concur in the recommendation of the City Ranager and offered the following emergency Ordinance: (u12607) AN ORDINANCE to amend and reordain Section =31, "Juvenile Detention Home", of the 195§Appropriation Ordinance~ and providing for an (For full text of Ordinance, see Ordinance DookHo. 21, Page 195.) Mr. ~Young moved the adoption of the Ordinance. The motion was seconded by Mr. Waldrop and adopted by the folloming vote~,:~-~ · .~.-~. - :.. ~ - . ~ AYES: Council members.Hanes~Waldrop, Webber, Young; and the President, NAYS: None ...... ~ ............ ~--0. (Council members Davies and Pickett BUDCET-JUVENILE DETENTION HARE:-The City Manager reported that the televisi~ set presently in use at the Juvenile Detention Homeis constantly in need of repair and stated that the Commonwealth of Virginia has agreed to reimburse the city one hundred per cent of the cost of a uaw set in the amountof $139.300 the City Manager recommending the appropriation of this amount. Mr. Hanes moved-to concur in the recommendation of theCity Manager and offered the following emergency Ordinance: - : · r49 (e12608) AN ORDINANCE to.amend iud reordaio Section n143, "DepartMental Equipment mad Improvements', or the 1955,Appropriatloo Ordlaeoce, end providing for an emergency. (Forrfull.text-or Ordioooce, see Ordinance Book No. 21, Page 195.) Br. Hanes moved tbe od*pilot of the Ordinance,. The motion was secooded by Mr. Maldrop and adopted by the following vote: AYES: Council members Benes. Maldrop, Mebber, Young. end the President, Mr. Moody ............................ 5*- NAYS: Nooe ................... O. (Council members Davies and Pickett absent BDBG£T-GRABE CROSSINGS: The City Manager reported tbat he has received statements from the State Departuent of flighuays in the amount of $?g,325.55. being a portion of the city*s share of the cost of the Jefferson Street Grade Crossing Elimination Viaduct and ProJect,.which ore dee for payment, and recommended tbe appropriation of $100,000.00 from. the General Fund to be trnnsferred to the Iuprovement Fund for Bridge Construction. Mr. Mebber moved to concur in the recommendation of the City #monger and offered the following emergency Ordinance: (=12609) AN ORDINANCE to amend and reordain Section n142, "Transfer to Improvement Fund", of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, rage Br. Webber waved the adoption of tbe Ordinance. The motion was seconded by Mr. Young and adopted by the following vote:- AYES: Council members Hanes, #aldrop, Mebber, Young. end the President, Mr. Moody ........................... S. NAYS: None .................. O. (Council members Davies and Pickett absent) BUDGET-CIRCUIT COURT: The City Manager reported that the appropriation for Jury claims in the Circuit Court account of the 1955 budget is insufficient and recommended the appropriation of $400.00 for the payment of such claims for the remainder of the fiscal year. Br. Naldrop moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (u12610) AN ORDINANCE to amend and reordoin Section =21, "Circuit Court". of the 1955 Appropriation Ordinance, and providing for au emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 196.) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Hanes, Maldrop, ~ebber, Young, and the President, Mr. Moody ............................. 5. NAYS: None .................... O. (Council members Davies and Pickett absent) BUDGET-CITY JAIL: The City Manager reported that the appropriation for food supplies for the City Jail contained in the 1955 budget is insufficient to meet requirements of the year and recommended an appropriation of $2,000.00 to that account. ,.~ Hr. Hanes moved to concur,in the recommendation ur the City,Manager amd offered the follomlng emergency Ordinance: ~).-& ~ ,(m12611) AH ORDIHAHCE to amend amd reordain Section naOo "Jail', or the 1955 Appropriation Ordinance.~und providing for,an,emergency.. (For fail text or Ordionnce,-see Ordiaonce Hook No. 21, Page 197.) Hr. Hanes moved the adoption of the Ordinance. The motion mss seconded by Hr. Waldrop and adopted by the follomiag vote: AYES: Council members Hanes. Waldrop, Webber, Young. and the President. Hr. Woody .......................... S. NAYS: None ........ ? ........ O. (Councilmenbers Davies and Pickett absent) ,: BUDGET-PENSIOnS: The City Manager reported that the.appropriation for Employer*s Contribution in.the Employees*'Retirement System accountof the 1955 budget is insufficient to meet requirements of the year and recommended an appropriation of $5.600.00. Mr. Hanes moved to concur in the recommendation of the City #manger and offered the follomin9 emergency.Ordinance: : . . . (~1R612} AN ORDIHANCE to amend and r,ordain Section al4, 'Employees' RetirementSystem". of the ,1955 Appropriation Ordinance, acd providing for an emergency .... : , i * (For full text of Ordinance see Ordinance Hook No. 21, Page 197~) Mr. Hanes moved the adoption of the Ordinance. The motion mas seconded by Rm. Young and adopted by the following vote: AYES: Council members Hanes. Naldrop, Webber, Young. and the President. Mr. NoDdy .............................. 5. NAYS: None ..................... 0.. (Council members.Davies and Pickett abse= : BUDGET-AIRPORT: The City Hanager requested an appropriation of $444.25 to provide for .the payment of laboratory tests'on materials in connection with the construction project at:the Roanoke Municipal Airport. Mr. Young moved to concur in t~e recommendation of the City Hanager and offered the following emergency Ordinance: .... ~ (u12613) AN .ORDINANCE to amendand reordain Section n142, ."Transfer to Improvement Fund", of the 1955 Appropriation Ordinance, and providing for an emergency. .(For full text of Ordinance, see Ordinance Hook No..21, Page 199..) Hr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the folloming vote: ~ . AYES: Council members Hanes, Waldrop, Webber, Young, and the President, Mr. Hoody .............. 5.' ~ - : ..... ' NAYS: None ..... O. (Council members Davies and Pickett absent) BUDGET-CXTY TREASURER:. The City Manager .advised that *there Ere insufficient funds ln~.theTreasurerts accounL of .the 1955 budget for the payment of fees to the city*s New York paying agents for the fiscal year and recommended an appropriation of $350.00 for that:purpose. *- Mr. Rubber moved to concur in the recommendation of the City Manager and offered the foil*ming emergency Ordinance: (u12614) AN.ORDINANCE to amend and reordela Section nO, 'Treasurerw. of the 1955 Appropriation Ordlnaece, nnd providing for an emergency. (For full text of Ordinance, see Ordiounce Boob No. 21, Page 198.) Mr. Webber moved the adoption of the Ordinance, The motion mas seconded by Hr. Manes and adopted by the foil*ming vote: AYES: Council members Manes, Maldrop, Webber, Young, and the President, Mr. Woody ................. $, NAYS: None ........ O. (Council members Davies nad Pickett absent) MUDGET-£LZCTIONS: The City Manager advised that due to heavy registration and the addition of five nam precincts during the year the appropriation ie the 1955 budget for extra employees in the Electoral Board account is insufficient and recommended a transfer of $160.00 from Coxpensntion, Judges nod Clerks to Salary, Extra £xployees. Hr. Banes moved to concur in the recommendation of the City Homager and offered the foil*ming emergency Ordinance: (=126i5) AN ORDINANCE to amend and reordain Section n132. 'Electoral Hoard'. of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Boob No. 21, Page 19g.) Hr. Banes moved the adoption of the Ordinance. The motion mas seconded by Mr. Young and adopted by the foil*ming vote: AYES: Council members Banes, Waldrop, Webber, Young, and the President, Mr. ~oody ................... 5. NAYS: None .......... O. (Council members Davies and Pickett absent) ARMORY: The City Hauager reported that no provision was made for shelving in the supply rooms at the Natiooal Guard Armory and that he has been informed by the Commonwealth of Virginia that the providing of said shelving is the responsibility of the locality and that the gate has no fonds available for that purpose, the City Manager advising further that he has taken bids on the required shelving, the low bid being in the amount of $4,981.00, and requested the authority of Council to proceed with the installation of the shelving required. Br.. Webber moved $o direct the City Attorney to prepare a Resolution, authorizing the City Manager to install the required shelving at the National Guard Armory. The motion mas seconded by Mr. Young and adopted. MATER DEPARTMENt: Council at its meeting of December 19, 1955, having referred to the City Manager for study and recommendation a request from Mr. C. E. Clemmer, concessionaire et the Carvins Cove Recreation Area, that be be permitted to maintain a residence in the area, the City Manager presented a Resolution, granting the request of Hr. Clemmer, mhtcb he had prepared by the Legal Department. Mr. Young offered the folloming Resolution: (u12616) A RESOLUTION cohstrulug certain rules and regulations contained in the Cervlns Cove Recreation O~dlnance. (For full text of Resolution~ see Ordinance Boob No. 21, Page 199.) Hr. Young moved the adoption of the Resolution. The motion mas seconded by Mr, Noldrop and adopted by the foil*ming vote: AYES: Council members Hanes, Naldrep, Webber, Young, and thePresident, Mr. Woody ....................... 5. NAYS: None .............. O. (Council members Davies and Pickett absent) GRAOE CROSSINGS: The City Ranager reported that in order to have the Second Street leg of the Jefferson Street Viaduct open gu Thanksgiving Day the Rea Construction Company, contractor on the vladuot~ performed extra uorh in the amount of $591.30, one-half of which amount the Norfolk and Western Railway Company has agreed to pay, and requested that Council authorize payment of the Hr. Webber moved to direct the City Attorney to prepare a Resolution carrying oatthe recommendation of the City Manager.- The notion was seconded by Mr. Hanes and adopted, STREETS AND ALLEYS: The City Manager reported that Mr. P. L. Akers, 1801 Narrington Road; S. W.~ has offered to donate to the city a small strip of land containing approximately fortysquare feet at the Junction of Warrington Road and Windsor Avenue, S. N., for street widening purposes, and recommended that the offer be accepted. - ..... Mr. Hanes moved that Council concurln the recommendation of the City Manager and that the foil,win9 Ordinance be placed upon its first reading: (=12617) AN ORDINANCE authorizing the acquisition of a small parcel of land at the southwest corner of t~ intersection of Windsor Avenue, S. N** and Marrington Road to be used for street purposes. NHEREAS~ Mr; P. L. Akers, owner of the land hereinafter described, has offered to convey the same to the City at a nominal consideration of $1.00, the land, when acquired, to be used for the purpose of rounding the southwest corner of the present intersection of Windsor Avenue, S. M., and Narrington Road, which said undertaking is, in the opinion of Council, to the best interest of the general public; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby, directed to acquire from Mr. P. Abets, or the actual owner thereof, for and on behalf of the City, that certain parcel of land situate in the City of Roanoke at the southwest corner of Windsor Avenue, S. M., and Narrtngton Road, bounded and described as follows, to-wit: BEGINNING at the present southwest corner of Windsor Avenue, S. M., (formerly Avon Lane) and Narrington Road, S. W.; thence, with the present west line of Narrington Road, S. 3° lB* N. 7.05 feet to a point; theucq, with a new line through and across Lot IS, BI*ch 2, of the C. S. RcRae Map, the same being a curved line to the left au arc distance of 16.93 feet (radius of said curve being 20.0 feet with a chord bearing and distance of N. 74° 10* N. 16.46 feet) to a point of tan- gency on the present south line of Windsor Avenue; thence, with same, N. 61° 30* E. 16.44 feet to the place of BEGINNIng; and containing 40.0 square feet, sore or less; H£ING the-northeast cotter of Lot 15, Blocb 2, or the C, S, #cHun Map, dried Jute 30, 1924, of record iu the Clerh*s office or the circuit court or goeeohe CoutW, V~ginin, in Pitt Boob 1. page 345; upon such deed of conveyance to abe City, tn rue staple, es is prepared end spproved by the City Attorney end upon n nouluel consideration of $1.00. cash, BE IT FUHTfl£R ORDAINED that, upon the City*s acquisition of the land heretnebove described, abe City Manager shell be, end be is hereby, authorized end directed to incorporate said land into the public street system so es to round the sou*bwana corner or the intersection of the streets ubovementloned. The motion mas seconded by Hr. Young end adopted by the following vote: AYES: Conncil members Hanes, #aldrop, Webber, Young, nnd the President, ~oody .............. NAYS: None .... O. (Council =embers Davies and Plchett absent) REPORTS OF COMMITTEES: HEALTH DEPARTMENT: Council at its meeting of December 19, 1955, having referred to a committee composed of Messrs. James N. Kincauon, Chairman, Dr. Charles M. Irvin and G. So Kennedy a proposed Ordinance, amending Ordinance No. 12435, relating to the sale of meat and meat products, for remrlting to include in Section 2 thereof a provision for the processing of inspected meat into meat products at plants not covered by the Inspecting authority, the committee reported that it has rewritten the proposed Ordinance as directed by Council, but that based on information received at conferences with state officials concerned with meat inspection, the committee ia unanimously of the opinion and ;ommends to Council that the requirements of the present Ordinance should not be relaxed In the matter of requiring the inspection of meat and meat products federal and state inspection services under their rules and recommends against Lhe adoption of the rewritten Ordinance, the committee reporting further that it has prepared and recommends the adoption of un amendment to the existing )rdlnance substantially as that proposed to Council by the City Manager at its of December 19, 1955.. Dr. Charles M. Irvin, Commissioner of Ilealth, presented Dr. M. £. *Hibbard, ~tate Public Health Vqteriuarian, who advised Council that to permit processors to certify that meat products mere prepared from inspected meat at a plant not under the jurisdiction of the original inspecting officer would be legal in the City of Monnohe, but that it would not comply with the requirements of the State Health Department nor could it be sold in other cities reqoirJng certification of the federal or state meat inspection services, Dr. Hibbard advising further that the State Department of Health is prepared to furnish inspection service to any plant processing meat in the State of Virginia and that it is the opinion of ;he department that"su~ervisor~ ins'p~*c~.ion or m~t an~ meat products on a continuing )asia is the only"metho~ ~y 'which'the people' con'be pr~t~ted. A repre'~e~tati~e' of ~he L ~ T PrbvJsi'on company, £11tston, Virginia, appeare~ 2efore council and s~d that h~ firm h~s VOluntarily adopted the state inspection ~rogram and has'roao~ i't 't~ be ~very sati'sfactorY, further that his firm feels it Is ~ood public relations to operate under the meat inspectioo service from the processo] #r. rebber maucd ia table the matter aatil the next regnlar meeting of ~OleCilo The motloB WaS seconded by rr.~aldrop and adopted,' S£RAG£ DISPOSAL: Council at its meeting or August 29, 1955, having referred lo n committee consisting er Messrs. Roy Lo ~ebber, Chairman, ~alter L. Young, Irthur So Owens end Randolph Go ~hittle e communication from the Town or Salem, requesting that the existing cottract between the Town of Salem and the City of Roanoke, relating to the treatment of sewage, be amended, to permit the inclusion of wastes from the Ropperts Company plant, the committee submitted its report, Feconending that, upon formal request of the Town of Salem, expressed by Resolution of its Town Council, and by mhich t~Town will agree to provide for accurate metering and testing of said corporation's wastes at the point of ~elivery to said Town and that the~charge to be paid by said Town to the city For the treatment of said corporation's wastes be at the rate of $35.00 per 1,000 pounds of b.o.d, content ns determined and measured at the meter and testing point, the basic contract be amended tn permit said Town to accept the sewage ~and industrial wastes of the Ropper*s Company, Incorporated, for delivery to the City of Roanoke under the terms of the contract and the above provisions, the committee recommending further that if future requests are made to include under the basic contract the urea between the Town of Salem and the Kopper's Company ~laat through which the transmfssfon lfne for the Kopper's Company sewage wfll ~e constructed, the requests be granted, provided that the cityts charge In such cases be fixed at an amount at least fifty per centgreater than that provided in the basic contract as the cityes charge for treating the wastes of the Town )f Salem, proper; and, that the wastes accepted from said interlying area be limited to those originating from domestic and business properties and generally designated as domestic wastes and specifically excluding industrial wastes. Hr. Hanes moved to concur in the report of the committee. The motion was seconded by Mr. Raldrop and adopted. LICENSE TAX CODE:Council at its meeting of December 5,1955, having referred to a committee consisting of Messrs. Harry R..Yates, Chairman, J. Robert fhomas and James N. £incanon a request from Hr. Frank M. Rogers that the body reconsiderthe/tax levy ontrading stamps as contained in'the License Tax Code recently adopted, the committee submitted its report, stating that in its opinion the trading stamp business more nearly parallels that of a retail merchant and recommendl~g~tbat theLicenseTax Code be amended to proyidefor a license tax of $55.00. plus 55~ on each.$100,O0 of the gross receipts of said business, rather than a license taxof $SS.O0, Plus 83¢ on each $100.00 of the gross receipts of such business; as contained in thepresent License Tax.Code.. .. Rr. Mebber moved to file.the report of the committee.' The motion was seconded byMr..Waldrop aud'.adopted. LICENSE TAX CODE: Council at its meeting~of November 21, 1955, having referred]to a.commlttee ~onslsting of Messrs. Arthur S..Owens, Harry R..Yutes and James N. Kincanon for studyandrecommendatlon the question of allowing exemptions from the utllity~service tax..to home owners using electricity and gas for home heating purposes,~ the committee~submitted its report,' recommending the amendment ~f Ordinance No. 12575 to exemp~ from the operation of~the tax,~ during the period '.5.6 from October 1st of each year through May.31st next following,, that part of the chorge in excess Of $10,00 (for consumers of electricity), or in excess of $0.00 per month (Yet consumers of gas) made by the seller of such utility to a purchaser thereof under a domestic service contract who uses such utility os the principal or space heating in private homes or private residence units. Mr. John C. Porrottr President of the Roanoke Gas Company, and Hr. Hooker, District #haeger of the Appalachian Electric Pomer'Company, were present and both stated that the.recommendation of the committee appears to be in line with Information gained by each of the companies on a.snrvey of their heating customers. I9 reply to n question from the Unyore #e. Parrott stated that bls company has several customers who use gas for home heating purposes only and that under the proposed amendment they mill be penalized to some extent. . HF. Young asked if $10.00 represents the cost of electricity consumed by the average home owner not using electric current for space heating, to which Mr. Hooker replied that there are so many variables in the use of electFicity that no average home exists. Several members of Council voiced the opinion that both the SR.O0 gas charge and the $10.00 electric charge recommended by the committee for taxation are too Mr. Hanes then offered the following emergency Ordinance: (z1261H) AH ORDINANCE amending and reordaining Section 2 of Ordinance No. 12575 relating to the imposition of utility taxes, fixing the amount of said tax, providing for the collection thereof, and prescribing certain penalties for violation.of the Ordinance, by excepting fFom said tax certain electricity and gas used as the principal source of space heating in private homes or private residential units; and providing for an emeFgency. (For full tex~ of Ordinance, see Ordinance Book Ho.:21, Page 200.) MF. Hanes moved.the adoption of the Ordinance. The motion was seconded by Re. galdrop and adopted by the following vote: AYES: Council members Hanes, Waldrop, Mebber, Young, and the President, Mr. Moody ...................... ~5. NAYS: None .............. O. (Council members Davies and Pickett absent) SEWAGE DISPOSAL: Council at its meeting of December 12, 1955, having concurred in the report of a committee consisting of lessrs. Roy L. Webber, Chairman, Walter L. Yoango Arthur So Owens and J. N. Kincanoa, recommending that approval of a request of .the Roanohe Electric Steel Corporation for permission to connect to the cityts sewage transmission line in the county mast of the City of Roanoke be withheld, pending action by the Board of Supervisors of .Roanoke County upon application to the county by the said corporation, the City Clerk presented a B~solution~from t~e Board Of Supervisors of Roanoke County, stating that since the Roanoke Electric Steel Corporation will have water service from the City ot Roanoke it in the opinion Of the Board of Supervisors that for the best interest of all concerned the City of Roanoke should deal directly with the applicant tot sewer sqrvice and that the City of Roanoke has the consent of the Board o[ Supervisors to /amish the Roanoke Electric Steel Corporation sewer service as reqnested. Tho aforesaid committee then presented a report, stating that upon receipt by the City Clerk or the Resolution o! the Board of Supervisors the committee considered the application of the Roanoke ~lectrlc Steel Corporation and recowmending that the Cfr7 Manager be authorized to perwit and arrange for the Roanoke Electric Steel Corporation to connect.its own private sewer line directly to the cltyts main interceptor sewer line along Peters Creek upon condition that the connection ulth and subsequent use o! the city*s sewer systew by the applicant and service therenrterrendered by the city shall be in full accordance with the city's Ordinances, rules and regulations relating to the use of the public sewer system, as from tlwe to tiwe amended, and until such time as a standard charge shall he fixed roe service of this nature, the applicant will pay to the city, upon proper billing by the cityes Mater Department, a charge for such sewer service at the ~te of forty per cent of the charge billed to said applicant for its use of city water OF of such part thereof as Is apportionable to the applicant' sewer systew under the city*s existing rules and regulations. Hr. Hebber then stated that the sewer connection for the Roanoke ~lectric Steel Corporation has already been made to the city's interceptor line and that he cannot understand how such a thing was permitted without authority, that his committee held several meetings in order to expedite .the matter and that he feels the time, consumed by the committee working on the request was wasted if connections were going to be made to the city's sewer line without authority. Mr. Young stated that in his opinion the connection had been made more than a week and that the city is treating sewage for the plant without charge. Mr. Hebber then stated that the sewer from the Rontgomery subdivision and the Harris development on U. S~ Route 221, in the county, has also been connected to the city*s'sewer line and that the flow meters provided for in the contract between the City of Roanoke and the Countyof Roanoke have not been installed, as a consequence of which the city'is.treating sewage from that area without receiving payment therefor~ #r~ Young stated that he and Hr. Hebber made an inspection of the two areas and in one found*twenty-four,houses which'were connected to the'sewer system and were receiving sewage~treatment services free, that their inspection also showed,that basements in a number of the houses had drain connectionsto the city sewers through which water was apt to infiltrate.and that'the amountof sewage being delivered to the city from.this area could not be'determined'from the water bills. , Mr. Mebber then moved to table the report of the committee'and to direct the City Manager to ascertain under what cooditions~and under whose authority~ connections have been madeto the cityts sewer line by the Roanoke Electric Steel Corporation and~under whose'authority and under.what conditions have the connections from the Hontgomery end-Harris subdivision been made'without the installation of the required flow meters and to report toConncllJ- The motion was seconded b'y M~ Hanes and adopted., '57 .¸58 UNFINISHED BUSIHES~: STREETS AND ALLEYS: Council at its meeting of November 28. 1955, Roving referred to the City Planning Commission for study and recowmendotlon a report of the City Manoger, recommending the acceptance of load at the Junction of Graadln Road cad Carlton Rood, S. ¥.0 and at Grandin Rood and Gillaspie Rood. S. #., from the Mesthompton Christian Churcht et al, for street widening purposes, the City Plonning Commission submitted its report, recommending the acceptance of the offers. Hr. Moldrop moved to concur in the recommendation of the ~lty Planning Commission and to direct the City Attorney to prepare the proper Ordinances for presentation to Council. The motion was seconded by NFo Hanes nad adopted. ZONING: Council at its meeting of October 31, 1955. Roving referred to the City Planning Commission for study and recommendation a request from Messrs. Tom Stockton Fox and Norton noneyman, Attorneys for the South Millom Lawn Corporation and Reupaul Homes, Incorporated, trot their property bounded by Noble Avenue, Lukens Street, Sycamore Avenue and Nllkins Street, N. E., be rezoned from General Residence District to Light Industrial District, the City Planning Commission submitted its report, advising that the petitioners have amended the original request and now desire that the land be rezoned to a Business District instead of a Light Industrial District, which the city Planning Commission recommended be gra~ted. Mr. Maldrop moved to hold a public hearing in the matter at 2:00 o'clock, p. w., January 30, 1956, in the Council Chamber. The motion was seconded by Hr. Young and adopted. ZONING: Counci~ at. its meeting of. November 7, 1~55, having referred to the City ~lanning Commission ~or ~tudy and regommend~tion, a communication from Mr. Leonard G. Muse, Attorney for Fuel Oil and Equipment Company, Incorporated, requesting that a parcel of land located on the east side of.O. S. Highway No. 11, between £dgewood Street, $. M., and the center of Mud Lick Creek, containing approximately .62 acre, be rezoned from General Residence D~strict to Business District, the City P~annlng Commission submitted its report, recommending that Council rezone that portion of the property in question fronting on 8randon Avenue, $. M., and extending in a northerly direction for a distance of three hundred feet measured along the west side of Edgewood Street. Mr. Hanes moved to ho~d atpab~lc hearingon the question at ~:00 p. m., January 23, 195~, in the Council Chamber. The motion was seconded by Mr. Maldrop and a~opted. ~ The~ity ~lerh then presented a communication:from.the.City Planning Commission, advising that Fuel Oil and Equipment Company,.Incorporated, has offered to donate to th~ city the rear p~rtion gr..the property referred to in the.preceding rep~rt,.mhich pnrtion will not be ~eeded under i~s plan of development and which,the Commission reconmend~ be accepted forstreet widening purposes, the Commission f~rther recommending that Council acquire.a ,5-foot strip of land along Edgewood Street for a distance of three hundred feet from Hrandon Avenue.northwsrd,'ror street uJdealig pur~oseso aadsufrlclent land to )rovid~ for-n 25-ro6t radius at the lntersectloa o! BrnndonAvenue'and Edgewood Street, $, ¥,~.from Fuel 011 and-Eqnipseut. Compsnf,:lncorporated, '.#r,'~ebber moved that the ~ommualcation iron the City Plnnaing Cnmnlsslon be referred tothe City Eaaager rot study and recoumeadation to include nu estluate.of.the cost Involved. The mQtlon uaw seconded by Er. Hanes and adopted. ZONIHG: ,Council at its neetlag.of.Dec~lber,12,.1955, having received trow Mr. R. *T. Edwards, Attorney for Br. Leigh martin, a conuunication, requesting that property located ca the southerly side or Drandon Avenue, Si R** immediately west of and adjacent to the property of the Rosalind Hills Baptist ChUrch, be rezoaed from General Residence District to Huslness District, which communication was referred to the City Planning Connlssion for study and reconnendation, and upon which no report bas keen received.from the City Planning Commission, the City Clerk presented a communication from Er. Edwards, requesting permission'to withdraw the petition for rezoning, Hr. Eduards advising that his client wishes to request a.nonconfornlng permit from.the Board of Zoning Appeals. .. Er. Hanes moved to COnCUr in the request to withdraw=the-petition. The motion was seconded by Er. ~aldrop and.adopted. . . ZOHING:.Cooaeil at its'meeting of December IR, 19$S,=having received a petition from Eary Eoore Foy, et al, requesting that their property located on the north side of Patterson Avenue, S.,H,, between~Twentieth Street and Twenty-firs~ Street, he rezoned from General Residence District to Light Industrial District, which petition was referred to the City Planning Commission for study and recommendation, and upon which no report has keen received from the City Planning Commission, the City Clerk presented a communication from Woods° Rogers, Ease and Walker, Attorneys for the petitioners, requesting permission to withdraw the ~etltion for rezoning of the property. Ur. Webber moved to table the communication until the next regular meeting of Council. The motion wow seconded by Er. Young and adopted. ZONING: Council having previously referred to the City Plannin9 Commission for study and recommendation requests from mFS. Alva Lovelace Bowman, Ur. Charlie L. Cart,F, the Citizens Undertaking Establishment, Hr. Ralph A. Glasgow and Rrm. Eary J. Hhlte, owners of property in the area of the Commonwealth Redevelopment Project, for rezoning of their properties, the City Planning Commission submitted a report, stating that In view of the progress now nndev may for the redevelopment of the area to question it is of the opinion that no action is reqnired upon the reqnests. Ur. Webber moved to concur In the report of the City Planning Commission. The motlonwa$ seconded by Ur. Young and adopted by the following vote: AYES: Council ~menbers.Banes, Webber, Young, and the President, Er. Hoody--4 NAYS:Hr. Haldrop---~ .... l.,(Council'membersDavles and Pickett sbsent) ~ CONSIDERATION OF CLAIES:HONE, INTROBUCTION AND CONSIDERATION OF.ORDINANCRS AND:RESOLUTIONS: - .~ EASEHEN~S-STREEYS AND ALLEYS: Ordinance.Ho. ~12599~authorizing and directin the relocation Of a portion of Horfolk Avenue, S. E., extending-from First Street, S. E.,.to the Second Street leg of the Jefferson Street Viaduct: Vacntllg, dlsco·ti·ulag nnd closing · portia· of ~orfolh Aveaae between First Street, S. E., aid Third Street, S, E** ~rfective ·pon the conpletio· or the relocation of n portion of norfolk Avenue, S. E** between First Street, S. E., nnd the Second Street leg of the Jefferson Street Viaduct; nnd directing the City Manager nnd therCitF Engineer to proceed with certain steps to effectuate the construction or the aforesaid relocation project, having previously beet before Council for its first reading, rend nnd laid over,.wns again before the body, Mr, Hanes offering the.following for Its.second rending and final adoption: (z12599) AN ORDINANCE authorizing end directing the relocation of a portion of Norfolh Avenue, S. E.o extending from First Street, S. E., to the Second Street leg of the Jefferson Street viaduct; vmcatfngo discontinuing nad closing a portion of Norfolk Avenue between First Street, S. E., and Third Street, S. E., effective upon the completion of the relocation of a portion of Borfolk Avenue, S, between First Street, S. E** and the Second Street leg of the Jefferson Street viaduct~ and directing the City Manager and the City Engineer to proceed uith certain stepa to effectuate the construction of the aforesaid relocation project. (For full text of Ordinance, see Ordinance Dank No. 21, Page lql.) Hr. Hanes wovedthe adoption of the Ordinance. The motion was seconded by Hr. Waldrop and adopted by the following rote: AYES: Council nemhers Hanes, Maldrop, Mebber, end the President, Hr. Woody ......... 4. NAYS: None ........ O. (Rt. Young not voting) (Council members Davies and Pichett absent) PURCHASE OF PROPERTY-STREETS AND ALLEYS: Ordinance No. 12601, providing for the purchase of o parcel of land at the southwest corner of the intersection of Salem Turnpike and Twenty-fourth Street, N. W., from Hrs. Susie G. Horton, for street purposes, having previously been before Council for its first reading, read and laid over, was again before the,body. Mr. Webber moved to table the Ordinance until the next regular meeting of Council. The motion was seconded by Mr. Maldrop and adopted. SIHENALK, CURB AND GUTTER-STREETS AND ALLEYS: Ordinance Bo. 12602, provfdin! for the widening and improvement of Spring Road, S. M., between Brambleton Avenue and Moodlawn Avenue, and for the acquisition of certain property necessary for said project, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Young offering the following for its second reading and final adoption: (z12602) AN ORDINANCE providing for the widening and improvement of Spring Road, S. W., between Brambleton Avenue and Moodlawn Avenue, S. W., and for the acquisition of certain property necessary for said project. (For full text of Ordinance, see Ordinauce Hook No. 21, Page 193.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: . AYES: Council members Hanes, Maldrop, Mebber, Young, and the President, Mr. Woody ................ 5. NAYS: Bone ....... O. (Council members Davies and Pickett absent) MOTIONS AND MISCELLANEOUS BUSINESS: SMOKE CONTROL: Tke Mayor stated that the term of Mr. Henry B. Boyntoa cs n member of the Advisory end Appeal Board to the Director of the Department or Air Pollution Control will expire December 31o 1955, and called for nominations. · Hr. Young.placed in nomination the name or Hr. Henry B. Boyntou for reelection for n term of four years beginning January !, 1956. Mr. Mebber moved to close the nominations. The motion Was seconded by Hr. Hanes and adopted. Mr. Henry B. Boynton was reelected as a member o! the Advisory and Appeal Board to the Director or the Department of AIr Pollution Control for a term of four years beginning January 1. 1956. by the following vote: AYES: Council members Hanes, Maldrop. Mebber, Young, and the President, Mr. Moody ........ ~--~---5. NAYS: None ...... O. (Council members Davies and Pickett absent)' STADIUM ADVISORY COMMITTEE: The Mayor stated that the terms:of Messrs. Earl A. Fitzpatrick, E. Marvin Lemon, B. L. Lawson, Jr** Clyde Cock, and $. Colston Sm,ad, Jr. (President of the Roanoke Touchdown. Club), as members of.the Stadium Advisory Committee, will expire December 31, 1955, cad.called for nominations. Mr. Hanes placed in nomination the names of Messrs. Earl A. Fitzpatrick, E. Marvin Lemon, H. L. Lawson, Jr., and Clyde Cock, for terms of two years each beginning January 1, 1956, and Mr. Gordon G. Mlllls (President of the Roanoke Touchdown Club) for a term of one year,beginning January 1, 1956. Mr. Maldrop moved to close.the,~ominations, The motion was seconded by Mr. Young and adopted. Messrs. Earl A. Fitzpatrick, E. Marvin Lemon, H. L. Lawson, Jr., and Clyde Coche were reelected as members of the Stadium Advisory Committee for terms of two years each beginning January 1, 1056, andMr. Gordon C. Millis (President of the Roanoke Touchdown Club) was elected as a member of the Stadium Advisory Committee for a term of one year beginning January 1, 1956, by the following vote: · AYES: Council members Hanes, Maldrop, Nebber, Young, and the Presid~nt, Mr. Moody .............. 5. NAYS: None-o---O. (Council members Davies and Pickett absent) INCINERATOR: The City Manager reported that the smoke.stack at the old Incinerator Building located at the Municipal UaraRe property is in dangerous condition and shBold be,razed, th~ City Manager estimating that this can be accomplished~for approximately$6OO. OO, and requested Council to authorize him to proceed with the work. Mr. Young moved to authorize the City Manager to proceed with the razing of the smoke stack at the old Incinerator. The.motion was seconded by Nr. Maldrop and adopted. · ' . .There being no further-business, Council adjourned. · APPROVED Presld COUNCIL, REGULAR IEETING, Tuesday, January 3, 1956. The Council of the City or Moan,be met In regular meeting in the Council Cbsmber in the Municipal Ouildlng, Tuesday, January 3, 1956, ut 2:00 ,'el,ch, p. m., the regular meeting hour, with the President, Hr. Ho,dy, presiding. PRESENT: Council members Hanes, Plchett, Muldrop, Webber, Young, end the President,' Mr. Woody .................... 6. AHSENT: Mr. Davies .............. 1, OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. James N. Klncanos, Assistant City Attorney, Mr. Harry R. Yotes, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend J. E. Stockman, Pastor of St. Markts Lutheran Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, Decenbes 12, lgSS, having been furnished each member of Council, upon nation of Mr. Hanes, seconded by Mrs. Pickett and adopted, the reading was dispensed with and the sinutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: BUUGET-SCH00LS: Council at an informal budget study session having directed the City Clerk to request the Roanoke City School Board to reduce its request for appropriation for the 1956 budget by $50,000.00 and to advise Council of the items and amounts affected by said reduction, Mr. J. P. Cruickshank, Chairman of the School Board, appeared before Council and stated that the Board bas been unable to have a meeting to.act on Council*s request, but that in conjunction with several school officials be has made a study of the matter and will recommend to the School Board the elimination of free textbooks in the Junior and senior high schools from and including the eighth grade upward, that a revision be made in the transportation being furnished pupils by the elimination of pickup and delivery service in some instances and the furnishing of route service in lieu thereof, and that the price of meals in the cafeterias be increased by five cents per meal, which he estimated mould reduce the budget request of the School Board by $30,000.00, Mr. Cruickshanh stating further that present indications are that approximately $20,000.00 will be left unexpended in the 1955 budget appropriation for schools, and in consequence thereof, requested that Council change the suggested !duction in the 1956 budget request from $50,000.00 to $30,000.00, in order to llninate the necessity of cutting necessary school services, Mr. Cruickshanb oncluding that as soon as the members of the School Board can be assembled a special meeting will be called to act on Councilts request and the School Board sill then submit Its recommendation. Mr. Young moved to concur in the request of Ir. Cruickshank and.to request the School Board to reduce its 1956 budget appropriation request by $50,000.00 and to advise Council of the items being reduced and the amount thereof; also, instruct the City Attorney to advise Council mhat action is necessary on its ~urt to eliminate the requirement us the School Board to furnish free textbooks la the Junior and scalar high schools beginning with the next term of school. The motion mBs.seconded'by Hr. Webber end adopted. ZONIHG: A public hearing having been set for 2:00 o'clock, p. mo, January 3, 1956, on the.request of #r. Hugh T. Gish that his property located on Bershberger Road, N. ¥** designated ns official Mo. 22?0208, containing 26.0G acres, be rezoned from General Residence District to Business District, and notice of the hearing baying been published, in The Roanoke World-~ews on December 16, 19550 and the City Planning Commission having recommended that the petition be grunted, the hearing was held. Hr. Gish appeared and ashed that Council grant the request,au recommended by the City Planning Commission. Hr. ¥. A. Dickinson, Attorney for Hr. S, S. Biskind, the developer, appeared end stated that his client has u contract to purchase the property in question from the owner conditioned only upon the rezoning of the property and is prepared to develop a~shopping center thereon at a cost of between $2,000,000.00 and $3,000,000.00 on the basis of plans Which have.been prepared and laid out by qualified architects and engineers, Hr. Dickinson exhibiting 996 postal cards received from residents in the generalarea, stating that they are in favor of the development, all of Which.cards have:been received through the United States Post:Office. Hr. Dickinson stating~further~that his client~would expect to operate a first-class shopping center,which mould'be an asset to:the residents of the '~ Hr. Tom Stockton Fox, Atto£ney~for residents of the immediate area in : question, appeared before Council in opposition to the request, Mr. Fox stating that eighty-five percent of'the residents.and home.owners in the immediate neighborhood-affected bythe request for retorting are.opposed to the development on the basis that it mould create a traffic hazard which would be unsafe for the numerous children of~school age ink,the residential area, would be detrimental to the residential area and tend to decrease property values,.and would create a noise~nuisance~ Mr. Fox.stating~:further that'in excess~of 120:residents~of the area have signed petitions mhich have :been presented:to.the:City,Planning. Commission at its hearing on the requested retorting, said petitions being in opposition to the proposed development, and that by reason~of~thelr.uork.and *ersonal matters the majority of the signers of,:the~petttion arc,mumble,to. attend~the.hearing before.Council, but,that~tuenty-two of the residents of the area are present.aL~the'henring~ln~opposition to the~request.::_ :~: ~ ::~ Hessrs~Dudley H.~Townsend, £~ G~,Robertson, RobeFtH. Rhodes, Jr., Haclin M. Smith and Andrew~H;Rnle~and~Mrs; Robert H;'Rhodes;Jr:,%appeared and~'~. supported the.statementsmade by.Mr~ Fox in opposJtion..:,::~. ; * Mr. ¥ebber~asked..the. City~Manager,if.the=pnving area~proposed for the shopping center would not'createa drainage problem for:~theclarge~amouotof - water which would be collected thereon during rains, to which Hr. Owens:replfed thata:defin~te.pcoblem would:be created which:inihls:opinion could:be:eliminated only by pumping~thewateronto:adJacent lands:or:by:the=installatJon~of drainage shafts, neither of mhich he considers satisfactory. Hr. Mebber then moved to den! the request for rezonllg. The motion wis seconded by Mrs. Plchett aid adopted. ZONING: A public hearing having been set rot 2:00 ,*cZ,ch, p. m** January 3. 1956. on.the request*of Ressrs. C. F. Kefnuver ond Leon R. Kytcbeu thom u 3.2 acre tract of land located on the north side or Cove Road. N. M** at its Intersection with Lnruyette Doulevurd. be fez,ned from General Residence District to Dusinesa District, and notice of the hearing having been published in The . Roanoke Norld-~ems on December 16. 1955. and the City Planning Commission having submitted its report, recommending that the request of the petitioners be grunted. the public hearing was held. OF. R. T. Edwards. Attorney for the petitioners, appeared and stated that the tract of land on which Fez,ming is requested is.a portion of the Sang,rd Dills subdivision developed by the cubers in which subdivision the aves was set aside for business purposes. Hr. Eduards requesting that Council concur in the recommendation of the City Planning Coumission and grant the fez,ming. OF. Hanes moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (u12619) AN ORDINANC£ to amend and re-enact Article I. Section l. of Chapter 51 of the Code of the City of Roanoke. Virginia. in relation to zoning. WHEREAS. application has been made to the Council of the City of Roanoke to have a tract of land located on the northeasterly side of Cove Road. at its intersection with Lafayette Doulevard ~. R.. bounded on the north by Dlock 10. Falrland Addition on the east by the developed portion.of Suni,rd Dills and on the south and west by Cove Road. containing 2.94 acres. (for more complete description reference is made to Rap Book 1. Page T4. in the Clerh*s Office of the Dustings Court for the City of Roanoke. Virginia). fez,ned from General Residence District to Business District; and WHEREAS. the city Planning Commission bas recommended that the application to rezone the property.be approved; and WHEREAS. notice required by Article xI. Section 43. of.Chapter 51 of the Code of the City of Roanoke. relating to Zoning. has been published in "The Roanoke Morld-Newsm, a newspaper published in the City of Roanoke for the time required by said section; and MDEREAS, the hearing, provided for in said notice published in the said newspaper was held on the 3rd day of January, 1956, at 2:00 otclock, p. m., before the Council of the City of Roanoke in the Council Room in the Municipal Duilding at which,bearing evidence both for and against said fez,ming was presented by property owners and other,interested parties in the affected area; and RDEREAS, this Council, after considering the application for fez,ming, the report of the City Planning Commission, and the evidence presented, is o£ the opinion that the above property should be vezoned aa requested. THEREFORE, .BE IT ORDAXNED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, relating to Zoning, be amended and re-enacted in the following particular and no other, viz: That certain tract of laud is the City of Roanoke, b.ended ou the North by Block I0, Felrlasd Addition, and rnnnlng 514.78 feet with same, ou the Lsat by the we'sterly boundary of the developed portion of block 1, SURf,rd Dill*s, and rnuuing 376.68 feet with the same to the northern edge of Sherman Drive, along the northerly side of Sherman Drive 103.07 feet to the new street line of. Cove Road, ned on the southmesterly side by the sew street line of Cove Road a distance of 641.95 feet. containing 2.84 acres and being the undeveloped portion of Saul,rd Hills, the property of C. F. Keruurer and Leon Nytchen, as shown by a plat prepared by C. B. Malcolm, S*C.E** dated October 15, 1955, and or record In the Clerk*s Office of the Hustings Court of the City of Roanoke, in Plat D,ok 1, Page 74, be and the sane is hereby changed from General Residence District to Puniness District and that the Zoning Nap shall be changed in this respect. The motion was seconded by Hr. Young and adopted by the following vote: AYES: Council members Hanes, Pickett, Waldrop, Nebber, Young, and the President. Mr. Moody ..................... NAYS: None ..................... z-O. (Dr, Davies.absent) , PETITIONS AND COMDUNICATIONS: SMORE CONTROL: The City Clerk presented a communication from the Air Pollution Control Advisory Committee, requesting that careful consideration be given to the selectionof a successor't. Mr.-Charles S. Frost as Director of the Department of Air Pollution Control and thatthe department be maintained as an · independent agency under the City Manager. · Mr. Webber moved to refer the communication to the City Damager as an administrative matter. The motion was seconded by Mr. Waldrop and adopted~ SPECIAL,PERMITS-STREETS AND ALLEYS: The City Clerk presented a communicatln from the Nelson HardwareCompany~ requesting permission to use ten feet of the south side of.Gregory Avenue, N, E.,.between Eleventh~Street and Tinker Creek, in connection with the construction~of a new building on its property, Mr. Mebber moved, that the. communication bereferred, toa committee composed of Mr. Walter L. Young, Chairman, Mrs. Mary C. Pickett and Mr. Arthur S. Owens for study;and.recommendation. The motion~was seconded~by.Mr,-Naldrop and - .. PLADNING~COMRISSIONS:,The City.Clerk.presented.a commuuication~fromthe Town Manager of:the Town:of Vlut0n**advlsing,that,the Vinton Toro Council-on December 20, 1955, adopted the Report and Memorandum of Agreement as recommended for the establishment of The Roanoke Valley Regional,Planning and*Economic. Development Commission and that the T.mo Treas0rerwasauthorlzed to contribute to the expense of thlS~organlzatlon.the.Tomu*s.pro*~atasbare of-the'$5,000. O0 matching' funds when the Regional Commission is organized. , ,; ,The c0mmunicatlon':was.ordfred:filed.;. ,,; ,SEMAGE.DISPOSAL: The,City Clerk,preseuted;a.c0mmunicatton*from the Town of Salem, advising that,s.sewer line.from the.Orchard Heights-and Or,hard-Court-areas, located parttally:is2the County;of R.smoked,in,presently Connected.to.the t.wats .'66 sewer, system, hut.motto ~he. Roam*he R)ver interceptor lime, amd .that a semer line from the Hidd.e~ Valley Country ~tub,ar~a, servlsg two houses amd the Country Clubes bath hoese,,,ln th~ County, of ~oaaohe,, is coasected to the towels syste~, and ia turn, to th~ cltyts interceptor system, Hr. Waldrop moved .to refer the comnugication tO. the Sewer Committee coqsl, stlug of. Messrs. Rgy L. Webber, Chairman, Melter L..Youug, .Arthur S. Owens and Randolph G.=.Whittl~ for ~consideration. The motion wa~ seconded by Hr. Hanes a~d adopted. :REPORTS ~F OFFICERS: - ~.~-- : STORAGK TANKS: Conncil at its meeting of December 27, 1955, having referred to t~e City Manager for study and recommendation a commuuicatign from Smithey and Boynton, Architects and. Engineers, requesting that permission, be granted to the HacBain Building Corporation to install n 5.000 gallon fuel,oil storage tank in the alley running n~rth fro~ Kirh Avenue, S. ~., ,and parallel to the corporation*s property, in connection wit~ the construction of a building for Hiller and nh*ads, Incorporated, the City Manager submitted his report, recommendin the adoption of au Ordinance granting such permission. Mr, Hanes moved that Council concur la the recommendation of the City Maaager and that the following Ordinance be pla~ed upon its first reading: (#12~20) AN ORDIHANCE~anthorlzJng MacBain Building Corporation and Miller ~ nh*ads Companyt Incorporated,.to install amd maintain a fuel oil storage tank In certain public alley, upon certain terms.and conditions. MHEREAS, application has been made to the Conncil for the license.herein- fter gra~ted. THEREFORE, BE IT ORDAINED by the Council of the City of Roan*he that MacBain Building Corporation and Miller ~ Rhoads Company, Incorporated, be, and they a~e hereby, granted permission to install an~ maintain a $O00-gallon fuel oil storage tank b~low the surface of that certain 10-foot wide public alley running north from the first block of Kirk Avenue, S. M., upon the following express terms and conditions, ~o-wit: 1. That the lnstal~ationof the said fuel oil storage tank shall be made in strict conformity with the requirements of the Cityts Flammable Liquids Ordlnanc and the Official Building Code of the City and shall be:at such location in said alley and in accordance with written plans therefor as. shall first be approved by the City Engineer. 2. That the licensees shall, for and.on behalf of themselves, their ~r assign~,.unconditi~nally agree to defend and save harmless the City of Roanoke from.any,and all liability that nay,result from the installation, maintenance and use of the aforesaid.st*rag? tank and the appurtenances thereto; 3. That the licensees, their success*rs or assigns, shall agree to remove said tank and appurtenances, within one hundred twenty (120).days after being n~tJ(ied or requestqd s~ to do by the Couucil of the. City of Roanoke and to restore tbe.portionof said alley under.which said tank was installed to the same condition then prevailing in adjacent portions of said alley, all at its own expense. .i 4, That this Ordiiance shell not be de~med to constitute authority to said licensees to obstrect, infringe upon or otherwise lwpnlr the right cf eny other nbuttiug swear or of the geoeral public in the use of the said alley or met open part. thereof; - ~ S, That the eforeseid permission so greeted shsll be held old deemed to be n license merely end shall be revobeble at the pleesure of the City Council os aforeseid or or the Geeernl Assembly or Vlrginio~ ned 6~ Thet the meld prewittees, prior to exercising any of the privileges grented by this Ordinence, shsll, for end on behalf of themselves, their heirs or assigns, cause the originel dreft of this Ordinence to be signed by its proper officers, under the seals of the respective corporations, as evidence of their egreement to the. terms end conditions hereinabove enuwerated. Signed nnd sealed in compliance with paragraph 6, above: MACDAIH DUILDIHG CORPORATION Dy MILLER ~ RDOADS COMPANY, INCOR~ORATEI Dy (SEAL) ATTEST: (SEAL) ATTEST: Secretary Secretary. The motion was seconded by Mr. Maldrop and adopted by the following vote: AYEs: Council members Danes, Pickett, Waldrop. Webber, Young, and the President, Mr. Moody .................... 6. HAYS: None ...................... O. (Mr. Davies absent) RECREATION DEP~RTMENT-PARKS AND PLAYGRouNDs: The City Manager submitted a report, transmitting a communication from the Director of Parks and Recreation, in which he concurs, waking certain recommendetions in connection with the acquisition of *Mountain View** as follows: The administrative-offices of the Department of Parks and Recreation to be transferred frow~Elmwood Park to Mountain View. Mountain View to become a center for Adelt Recreational activity. The old Library building and the building used by the Department of-Parks and Recreation for offices in Elmwood Park to be razed and the top of the bill and surrounding area to be landscaped. The lease between the City of Roanoke and the Roanoke Council of Garden Clubs for the old Library building In Elmwood Park to be terminated and Mountein View. Use of Mountain View by permissible orgenizetions to be free of charge. Mr. Webber moved to take the report under consideration and to direct the City Manager to consult with the Roanoke Council of Garden Clubs with reference to transferring their activities to Mountain View and the cancellation of their lease for the old Library building in Elmwood Park and to submit his report to Council. The motion was seconded by Mr. Young and adopted. REPORTS: The City Manager transmitted ~ report of the Department of Public Welfare for the month of November, 1q55. and s list of other department reports on file in his office. ;;67 The repgrt ues ordered filed. REPORTS OF COMMITTEES: NONE. UNFXNXSHED BUSINESS: ZONING: Coee¢il at its meeting or December 27, 1955, b~rin~ ~abled until its next teenier meet~eg m ~e~uest from moods, Rogers,. Ruse amd Walker, Attorneys for #e~'Ro0~e Foy, 'et el, the* ~erm~ssico be granted to withdraw m petition for the rezoefag of their proper*yon 'the u'orth sf~ u~ ~o~ters0e Areebe, S.' ¥., be*mews Tweatleth~St~eet amd Twenty-first Street, w~ick peti~'ioa was referred to the City Planning'CommisSion fo~ study and recommendation by Cou~cil at i*ts meeting of December 12, 1~55, the matter mas again before the body. The City Clerk presented a communication from Roods, Rogers, Ruse and Yalher, stating that its request for permission to withdrau the petition for the rezoning of the property was made in behalf of the Chesapeake and Potomac Telephone Company of Virginia. one of the original petitl'oners, which' comp'any' proposes to purchase the said property and erect thereon a b.ull~lng for Its use, and that the request for withdrawal was made in view of the company*s knowledge that the City Planning Commission did not agree to the petition, further, that ia view of the action of Council at its last regular meeting, the petitioners will be pleased if their request to withdraw the reaching petition Is ignored and a ~obllc hearing set in the matter. The City Clerk further presented a report of the City Planning Commission, tdvising that it feels that the open storage yard to be provided in connection with the proposed use of the building will be contrary to the interests of the nearby home owners and that a more suitable location for the building con be found, elsewhere, the City Planning Commission recommending that the request of the petitioners for the rezonieg of the property from General Residence District to Light Industrial District be denied. Mr. Sidney F. Parbam. Jr** Attorney, representing the petitioners, appeared and stated that in the opinion of his clients the property can be rescued and used by tbe-te~ephone'compa~y for its ~roposed purposes without ln~er~ t° the surrounding property.·that the open storage area to which t~e Cit~ Planning Commission refers is to the extreme west of'tb~ tract aloa~ Twenty-firSt Street, which borders on business and industrial properties, ~ed that the*request to withdraw was made In o~de~ to avoid anythin~ resembling a controversy between the city and the telephone company. Mr. Parham stating further that if in the opinion of Council it would lend dignity to the neighborhood his clients would ibm willing to face tbei~ building with brick on the Patterson Avenue side. Mr. Hanes moved to set a public hearing on the petition for reaching for 2:00 o'clock, p. m.. February 6. l~SS, in the Council Chamber. The motion was seconded by Mr. Webber and adopted. CONSIDERATION OF CLAIMS: HONE. INTRODUCTION A~D CONSXDERATION OF ORDXNANCES AND RESOLUTXONS: PURCHASE OF PROPERTY-STREETS AND ALLEYS: Ordinance No. 12601, providing for the purchase of a parcel of land at the southwest corner of the Intersection of Salem~Turupike iud TmenW-foorth Street, N. N., frou Mrs, Susie G. Borton, for street purposes, hnviog previouslybeen before Council roy its first rending, read'and loid over, mas ugnie before the body, Mrs. Pickett offering the folloming for its second reading and rioal adoption: (n12601) AN ORDINANCE authorizing aud directing the acquisition or spprozlmotely ~e850.94 square feet of land at the southwest corner of the Intersection or Salem Turnpike sad 24th Street, N. N** to be used for street purposes, upon certaln terms and conditions. (For tull text of Ordinance, see Ordinance Dock No. 21, Page 201.) Bra. Pickett moved the adoption of the Ordinance. The motion mos seconded by Mr. Naldrop and adopted by the following vote: ~ AYES: Council members Banes, Pickett, Naldrop, and the President, ·oody .............................. 4. NAYS: Bessrs. Nebber and Young ....... 2o (#r. Davies absent) ZONING: Ordinance No.- 12605, rezoning property located south of Melrose Avenue. B~ ~, east *of the west corporate limits of. the city, designated as Offlcial,Nos..2761?Ol, 2762211.and 2750101, from General Residence District to Business District, having previously been before Council for itsfirst reading, read and laid over, was again before the body, Hr. Banes offering the folloming for its second reading and final adoption: : ;(z12605) AN ORDINANCE to amend and re-enact Article I, Section 1, of Chapter SI of the Code of the City of Roanoke, Virginia lnrelation to Zoning, (For full.text of,Ordinance, see Ordinance Book No. 21, Page 202.) Mr. Banes moved the=adoption of, the Ordinance. The motion was seconded by Mr. Young and*adopted by, the following vote: , AYES: Council members Banes, Pickett, Waldrop, Webber, Young, and the President. Mr.'Woody--~ ..................... :, NAYS: None .......................... O. (Mr. Davies absent) SYREETS~AND ALLEYS: Ordinance No. 12617. authorizing the acquisition of a small parcel of land at the southwest corner of the intersection of~indsor Avenue andMarrington,Boad**S, W., from Mr. P. L..Akers, for street porposes, having previously~been befcreCouncll.for its first reading, read and laid over was again before the body, Mr. Banes offering the following for its second reading and finai.~doption: ~ (#12617)~AN ORDINANCe authorizing the acquisition of a small parcel of land at th~ southmhs~ corner*of thetntersection of M~ndsor Avenue, S, and Marrington Road to be used for street purposes. (For full:teat'of Ordinance.~seeOrdinance Book No. 21. Page 203.) Mr~ Hanes moved the adoption of~tbe,Ordinance,., The motion mas seconded by Mr. Waldro~:and:adopted by:the following vote: · AYES: Council members Banes, Pichett~ Maldrop, Mebber, Young, and the President, Mr. ~oody .................... '---6. NAYS~ None .......................... Os (Br. Davies absent) .. HEALTH. DEPARTMENT: An Ordinance. regulating, the sale. of. meat and meat products in the.&ity~derining certain morda, end. termt, for the purpose thereof; providing penalties rot its violation; providing for its citation iud effective date; repealing Ordinance Ho. 12436 relating to tke sale of meat~aad meat products; ned providing rotan emergeacy,~hnving been before Council at its meeting of Oecember 27, 1955, and tabled for consideration at Its'next regular meeting, the Ordinance was again before the, body.:~ ' Hr. galdrop moved to table the Ordinance until the next'regular meeting of Council. .The motion was seconded by Mr. Hanes and adopted. ~,, STREETS AND ALLE¥S:,Council at its meeting of December 2Y, 1955, having concurred in the recommendation of the City Planning Commission that an offer of Sturr. H. Cromwell toconvey to the. City of RoanokesnfficJent land to provide for a 25-foot radius at the property line on the northmest corner of Elm Avenue and Fifth Street, S.H., be accepted, Mr. Haldrop moved that the following Ordinanc be placed.upon its. first reading: ..... (#12621) AH ORDINANCE, providing for the acquisition of certain land at the uortbmest corner of the intersection of Elm Avenue, S, N. and Sth Street, S. for street purposes. . . HREREAS, Starr W. Cromwell is the owner of certain land located at-the northwest corner of the intersection of Elm Avenue, S. M., and Sth Street, S. and has offered to convey a portion of the said land os hereinafter described to the City for a nominal consideration,:to be used'for street purposes; and #~EREAS,:the City Planning Commission has recommended-the acceptance of the came by the City and this Council deemc it to the best public interest to acquire said land in order to provide for a 25 foot radius at the property line. at said intersection.. - , : THEREFORE, BE IT ORDAINED bythe Council of the City of Roanoke that the proper City officialc be,'and they are hereby, authorized and directed to accept, for and onbehalf of the City, from Starr. M. Cromwell, or the lamful owner thereof, a deed Upon such form as Is prepared.and approved by the Citydttorney, conveying to the City with GENERAL WARRANTY. of title the following described land, to-wit: ~ . ,BEGINNING, at a.point at the intersection of the present north line of Elm Avenue, S. l., andthe west line of Sth Street, S. M.; thence along the present north line Of Elm Avenue, H. 63° 00' N. 25 feet to a point; thence a new line through Lot 26, a curve to the left mith n radius of 25.0 feet with achord distance of 35.35 feet and a chord bearing of N. 52° O* E. an arc distance of 39.27 feet to a point onthe present mesa line of 5th Street; thence along the present street line S. 7° 0''#. 25 feet to the place of HEGIN~IN6, containing 134.13 square feet, more or:less, and. being the southeasterly corner of Lot 26, Section 8, according to the Hap of the Lewis Addition; BEING a portion of the same property conveyed.to Start N. Cromwell by deed of record in the Clerkts Office of the Hustings Court of.the City of Roanoke, Virginia, in Deed Book 964, page 59, the parcel J , , BE I! F~RY~ER.ORDAINED that, Ypoa' the City,s, ecqaisitioa of the title to the:lead berelaebove-deseribed the City Manager shall,be, smd he is hereby, authorized and directed to proceed to incorporate said land into the public street system of the City, so ns to provide rot a 25 foot radius at the property line et the northwest corner of the aforesaid street intersection. The motion was seconded.by Mr.~Voung and adopted by the following vote: AYES: Council members Hones, Pickett, Maldrop, Nebber, Young,rand the President, Mr. Noody--~ ........... ~ ..... ~-6. NAYS: None ........................ O. (Mr. Davies absent) STREETS AND ALLEYS: Council at its meeting of December 27, 1955, having concurred in therecoemendation of the City Planning Commission that on offer of Mallard L. Sutor, e~ mx, to dedicate a lO-foot strip of land to provide for future street widening on Oliver Road, H. E** south of Preston Avenue, be accepted. Mr. Young moved that the following Ordinance be placed upon its first reading: (u12622) AN ORDINANCE providing for the acquisition of certain land on !the east side Of Oliver Road, No E,, south of Preston Avenue, N. E** for street j purposes. WH£REAS, Millard L. Sotor and Elizabeth R. Sutor ere the ochers of certuin land located on the east.side of Oliver Road, N. E., south o! Preston Avenue, and have offered to convey a portion of the said land as hereinafter described to the City for a nominal consideration, to be usedfor street purposes; and MHEREAS, the City Planning Commission has recommended the acceptance of the same by the City and this Council deems it to the best public Interest to acquire said land in order to provide for the widening of Oliver Road, N. south of Preston Avenue, N~ E., to 50,feet.. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby, authorized and directed to accept, for and on behalf of the City, from Millard.L. Sutor and Elizabeth R. Sutor, or the lawfal owner thereof, a deed upon.such form as is prepared and approved by the City Attorney, conveying to the Citywith GENERAL MAREANTY of title the following described laud, to-wit: , BEGINNING at*l** a point on the present east line of Oliver Road, N. E., which said beginning point is S. 7° 24* M. 200 feet from #Ii, the.point of intersection Of the original east line of Oliver Road, N. E** and the present south line of Preston Avenue, N.E~; thence from said beginning point S. 82° 36* E. 10 feet to a point at *B*; thence a new line through Lot.3, Block.l..as shown on the Map of Glen Eden S. 7° 24* M. 100 feet to a point at *Ce on the north line of Lot 1, Block 2, Section 3, according to the Map of Fleming Court; thence N. 62° 3&* M. 10 feet to a point at *4* on the original line of Oliver Road, N. E.~ thence N° T°24tE°'~lO0 feet,tothe place of BEGINNING, containing 1,0~0 square feet; being shown in.detail on.a.plat shomiegsnrvey of property~of ~illard L. Sator and Elizabeth Re Sntor, prepared by C. B. Malcolm G Son, State Certified Engiaeers, under date of November 2~th, 1955, approved by H. Cletus Broyles, City Engineer, under date of December 2nd, 1955; and :. BEING u weste?ly portion of theproperty conveyed.to Millard : Lo and Elizabeth R° Su~or by M. R. Ingram, et mx., by deed of record in the Clerk*s Office of the Circuit Court of Roanoke County, Virginia, In Deed Book 407, page 290. ME IT-FURTHER.ORDAInED,that, bp0a tbc:City!a:iequisltl~u 5f the:title:~0 ~he'lau hereinsbovc.dceeribed the ~tty. Macager. shall~ be, nad be*is hereby, authorized directed to, proceed~to lncorporatcuuld:lsnd izto tie public street system or the City, so. ua to.widec~OlirerRosd, N.,E., at~aaidpoict to 50 feet. - ,, · The motion wna. secoaded~by~Mr. Yaldrop~aed. adopted~by tbe,rnllomiag vote: ~:, &YES:,Counell*nembern~Maaes,,Pickett,.Wuldrop~.Webberb Young,.aud.the Presideatt~Wr** Woody ......... ~ ........... 6.~, ,, , · - : .... ~AYS: ~one .................... ~-0. (#r..Osvies. nbsent) STREETS AND ALLEYS:~COUucil ut its macring'of December 27, 1955, having received:from;the, City PlaaningCommission m recommendation to accept certain land at the Jnnctiou of~Gruadfn Rood;nad Carlton Road, S. W~t;and.nt Grandin Road and Glllnsple Road, S; M.~ rev street.widening purposes~ aa offered by the Ye stknwpton Christian ChnFck, et nl,:nnd having, directed the preparation or the necessary Ordicnnces~providing:therefor, au Ordinance providing for the acquisition of certain land,on:the north side. of Gramdin Road, S. W** east of Carlton Head, for street purposes, and, also, an.easement for. a lO-foot wide storm drain right- or-nay adjacent to said land, mas presented. : :Mr. Webber nskedif~the provision for the lO-foot wide storm drain right-of ,way.as contained in the proposed,Ordinance had been recommended by the City Planning Commission'oF the CityMannger in their previous reports, to which the City Clerk replied that it had not. Mr. Young moved to refer the matter.to the City #enagev for study of the requirement*for the storm drain across the property of the Westhanpton Christian Church.aud.the~ueed;of an easement therefor and to submit his recommendation thereon. The motion was seconded by Mr..#aldrop and adopted.. An Ordinance providing for the acquisition of certain land on the south side.of,GrandSn,Road, S..W.~ westerly.from its Junction with Glllaspie Road, for street purposea,:was.then presented.-~ * · MF~ Maidrop.stated that this ia a companion Ordinance to the one previously considered and moved that lthe tabled~nntJl the City #Ranger-submits-his report thereon. The motion mas seconded by Mrs. Pickett and;adopted. FIRE DEPARTRENT:.Yhe C~ty Manager having recommended to Council at its meetin9 of December ~7, 1955, ~hat the pay or,Captain Eugene W.'~ea~or'of the Department be continued for an additional;sixty'days,due to'hfs.inability Fire to return to his duties at this time~ M£~ Manes.offered the ~ollom~ng Resolution: y (~12623J A R£$0LUTIOR a~t~orizin~ the continuance of.pay to Captain Eugene ¥. Mender; and providing foF.an*e~r~ency. (For f~X! tez~ofReaOlution~ see O~di .... ~Book No. ~1, Page 204.) Hr. Ha~es moved the ~do~tion of~the Re~olu~ton. The motion was seconded by MFS. Pickett and adopted by*the following vote: AYES: Council members Manes, Pickett; Ualdrop, Mebber, Young, and the President, Mr. Moody ..... ~ .... ~ ........ 6. ~ · ~AYS: Sene ............ ~ ..... ~-0~ (ur. Davies absent) GRADE CEOSSIWGS~ Couuoil st its .meeting.of Deceober 27, 1955, having received and concurred lu.a report.from the'City Bsssger, requesting authority to pry the Rea Construction Company $591,30 from lhearidge Construction account, covering the cost or opening the Second Street leg of the Jefferson Street Yind!ct sa YhnnksgJving Day, one-half or the cost to be borne by the sad Western Railway Company6 Nfs. Pickett.offered the following Resolution: (s12624) A RESOLUTION authorizing the payment of certain costs incurred lis the opening or a portion of the Second Street leg ar the Jefferson Street Viaduct. (For full text of Resolution, see Ordinance Rook No. 21, Page 205.) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Hr. Rases ned adopted by the following vote: AYES: Council members names, Pickett, Maldrop, Webber, Young, and the President, Br. Woody .................... ~AYS: None ...................... O. (#r. Davies absent) BUDGET: Hr. Young stated that the 1956 Annual Appropriation Ordinance still being under consideration by Council it will be necessary to authorize payment of necessary expenses until the adoption of said Ordinance and offered the following emergency Ordinance: (z12625) AN ORDINANCE providing for the ~yment of necessary expenditures for the operation of the Bunicipel Government until the 1956 Annual Appropriation Ordinance is adopted and becomes effective; and providing for an emergency. (FaF full text of Ordinance, see Ordinance Rook No. 21, Page 206.} Mr. Young moved the adoption of the Ordinance. The motion was seconded by Hr. Webber and adopted by the following vote: AYES: Council members Banes, Pickett, Waldrop, Bobber, Young, and the President, Mr. Woody .................. NAYS: None .................... O. (Mr. Davies absent) ARMOSY: Council at Its meeting of December 27, 1955, having received from the City Manager a report, advitingthat no provision was made for the installation of shelving in the supply rooms at the National Guard Armory and that the cost of said shelving mill be $4,901.00, which he recommended he be given authority to install, Mr. Webber offered the following Resolution: (n12626) A RESOLUYXON authorizing the City Manager to have installed certain permanent public improvements at the National Guard Armory; and providing (For full text of Resolution,see Ordinance Book No. 21, Page 206.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Rt. Young and adopted by the following vote: AYES: Council members Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody ...................... NAYS: None ........................ O. (Mr. Davies absent) MOTIONS AND MISCELLANEOUS BUSINESS: EASERENTS-SENAGE DISPOSAL: The City Manager stated that he has received a Resolution from the Roanoke County Board of Supervisors, requesting an easement across eity-ouned property in Roanoke Count7 east of.Tinker Creek for semer lines er.tko Roanoke County Sanitetion AuthoritY. but.lkat he'recnlved said. Resulutiol toe late to be included OB CoeenllSo agenda aid-is presenting same et this time, .Hr, Waldrop ~oeed to refer the matter to the Sewer Committee consisting Hessrs. Roy L. Hebbero'Chairman, Walter L, Young, Arthur S, Omens and Randolph G, Whittle for study aid recommendation. The motion was seconded by Rt. Young and adopted. There being no further buslnesse Council adjourned, APPROVED d COUHCIL, REGDLAR RE£TIMG, Monday, Jauunry 9, 1956. The Council o! the City or Roanoke wet in regular meeting It the Conncil ChnBber in the Municipal Building, Monday, Jnunsry 9, 19560 ut 2:00 o'clack, p. m** the regulnr meeting hour, with the President, Hr. Moody, presiding. PReSEnT: Council members Davies, Hanes, Pickett, Mnldrop, Mebber, Young, cud the President, Hr. Mood7 .................. 7. ABSENT: ~one ......................... O. OFFICERS PRESENT: Rt. Arthur S. Omens, City Banager, Rt. James N. Klnoanon, Assistant City Attorney, Hr. Harry R. Tares, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer bF the Reverend Jacob J. R. Strite,' Pastor of the Relrose Christian Church. #I~HTES: Copy of the minutes of the regular meeting b. Id on ¥onday. December IH. 1955, having been furnished each member of Council. apda motion of Hr. Davies, seconded bF Br. Hanes and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF ClTIZEMS DPON P~flLIC MATTERS: - ZONING: A::public hearing having been set for 2:00 o'clock,, p. m., January 9, 1956, on the request of Rt. Charles £. Cain, that his property located on the north side of Shenandoah Avenue, N. W., west of Thirty-sixth Street, be rezoned from General Residence District to Business District, notice of which hearing was published in The Roanoke ~orld-Hews on December 23, 1955, and the City PlannJng~Commisslon having-previou ly.reported, advising that the request had been-amended to:include the adjoining properties-of.Alva £. Peters and J.£. Hodges, nndrecommending that the request be granted, the hearing was held, at which no person appeared in opposition to the request. Hr. Hanes moved to-concur in the recommendation of the City Planning Commissionaadthat the following Ordinance be placed-upon its first~reading:~- ,-~(n12627) AM-ORDIMANCE..to~amend~aud~reenact.Article I, Section, l; of Chapter SI of the-Code of the City of eoanoke~ Virginia, in.relation.to Zoning,- .- MBEREAS, application has been made to the Council of the City of Roanoke to have curtain property~ontbe~uDrth.sid~ of Shenandoah Avenue Vest of ~6th Street, a distance of 470 feet,,.conSisting of-Lots.Il throughl5 of.the Oak View Heights Rap designated by official numbers: 2730226,.2T3022T, 2640205, 2640206, 264020~, 264020T~ and 264020~, as.shown'on'Sheets ~o. 264 and.*2?3 of the Zoning Map of.the City Of Rounoke~ Virginia, now zoned os General Residence District to Business District; and, I~ER£AS, the City Planning Cowmission has recommended that the above property be r.zoned to Business District; and, NHEB£AS, notice required by Article lie Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in 'The Roanoke Morld-Mewsm, a newspaper published in the City of Roanoke, for the tine required by said section: and, WHEREAS, the bearing ns provided for iu snJd notice published ia the said newspaper wis given 9n the 9th day o! January,,lg56t et 2:00 o'clock, p, before the Council of the City of Roanoke in the Council Room in the Municipal Buildinge at which hearllg evldeoce both for end against said application was presented by property omners and other interested parties lo the affected area; NNEREA$o this Council, after.coosid~ring the application for rezoalug ned the evidence heard by itt is of the.opinion that the above proper~y should be THEREFORE. BE IT ORDAINED by ~he Council of the City of Roanoke that Article I, Sectfo~ 1, of Chapter 51 of the Codq of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no Those certain lots or parcels of land lying on the north side of Shenandoah Avenue west of 36th Street, a distance of 4?0 feet, consisting of Lots 11 through 15 of the Oa~ View Heights Map designated by official numbers: 2730226. 2730227, 2640205. 2640206, 2640209. 2640207, and 2640208, as shown on Sheets No. 264 and 273 of the Zoning Map of the City of Roanoke, Virginia, now the President, Hr. #oody ................. NAYS: None ............ ~ .......... O. STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m.. January 9, 1955. on the request of Mrs, Lena R. Hiniuger that the original published in The Roanoke lorld-News on December 23, 1955, and the City Planning havingpreseated a report of viewers appointed by Council under Resnlotion No. 12563, adopted on the ~4th day of November, 1955, in mhich Ressrs. R. R. Quick, Dennis J. Donoelly and John6. Jackso~ stated that they were unanimously of the firm or corporation from permanently vacating, discontinuing and closing said portion of Oakland Boulevard, the public hearing was.held at which no one appeared Planning CowmJssion and that the following Ordinance be placed upon its first (a12626} AN ORDINANCE enacted pursuant to the provisions of.Section 15-766 of the Code of Virginia (1950) as amended to date providing for vacating, southerly from Mentworth Avenue between Lot 15, Block I?, of the Map of Million Fleming Court, and Lots 40 and 49 of the Map of Fleming Court to Lot ? of the A. N. Cook Rap in the subdivision kaomn as Fleming Court. RHEREAS, a petition has been filed with the Counoll of the City of Roanoke pursuant to the provisions of Section 15-766 or the Code or Virginia (1950) as emended to date, wherein it is asked that that portion of original Oakland Boulevard extending southerly from Wentworth Avenue to Lot 7 or the A, Cook Map be vacated, dlsooatlnned and closed~ and WHEREAS, due legal notice was posted os required by Section 15-766 or the Code of Virginia (1950) as amended to date, and Jn conformity with the law in such cases wade and provided, the land proprietors affected thereby along that portion of Oakland Boulevard have been notified; and WHEREAS, by Resolution N~. 12563 adopted on the 14th day of November, 1955, the Council of the City of Roanoke, Virginia, appointed viewers to report whether or not in their opinion any, and If any what, inconvenience would result from permanently vacating said portion of Oakland Boulevard~ and RHEREAS, the viewers appointed reported,in writing, that after having been doly sworn, they rimmed the said street and the neighboring properties' and are unanimomsly of the opinion that no Inconvenience would resnlt, eitherrto the public or to any person, firw or corporation from'permanently vacating, dlscontinui and closing said portion of Oakland Boulevard; and, NH£REAS, the petition was by the Council referred to the City Planning Commission for its r'eport and recommendation audthe City Planning Commission recommended that said portion of, Oakland Boulevard be vacated;and, WHEREAS, the Couocil~ of*the City of Roanoke canned a public bearing to be bald on the questioo after pnblication of dee notice thereof; and -' WH£REAS,~tbIs CouncJl,-efter considering the evidence submitted, Is of the opinion that vacating.that portion of Oakland Boulevard extendiog southerly from Wentworth Avenue to Lot 7 of the A. N. Cook Map in.the sabdivision known os Fleming Court will not abridge or destroy any of the rights and. privileges of say. person,-firm or corporationlaod that no inconvenience would result to anyone therefrom, and is further of the opinion that'the request of said petition should be granted .THEREFORE, BE IT ORDAINED. by the. Council of the. City..of Roanoke. that the original portion of Oakland Boulevard extending~soutberly from WentuorthAvenue between Lot 15, Block 17, of the Nap of William Fleming Court and Lots 45 and 49 of the Map of Fleming Court to Lot 7 of the A. N. Cook Map be permanently vacated, discontinued and closedas provided by.Section 15-766 of the Code of Virginia (1950) as amended to date, and in. accordance with the law in such cases made nod provided. .~ .. BE IT. FURTBER.ORDAIr~D 'by the Council. of the City~ of Roanoke that a certified ©opy~of this Ordinance be delivered by the CttyClerk to the. Clerk of the Hustings Court of the City of Boaooke, Virginia, tothe Clerk of theCfrcult Court'of the Coonty of Roanoke, Virginia, and to the City Engineer of the. City of Roanoke, Virginia, that the City. Engineer of Roanoke, Virginia, make appropriate notation, of the~vacation~herein approved on the Official~Rap. of theCity of Boanoke ~.?? The motion was seconded by Mr. Noldrop cud adopted by the foliomilg vote: AYES:~Council members Davies, Hanes, Plchett, Ncldrop, Hobber. Young, and the President, Hr. Hood! ........... 7. . , HAYS: None ................. O. PETITIONS A~D CORRHHICATIORS: STREETS LIG~TS~ Tke City Cloth presented a communication from the Appalachian Electric Power Company, rep~rtin9 the installation of seventeen 6000 lumen street lights and twelve 2500 lumen street lights and the replacement of six 25DO lnnen street lights with 6000 lumen street lights on various streets in the City of Roanoke during the month or December, 1955. The communication wac ordered filed. REPORTS OF OFFICERS: ELECTIONS: The City #anager reported that the Purchasing Agent has taken bids for the printing of. 150 copies of.the voting list of the city as follows: Hammond's Printing and Litho, Norks, $11.29 per page, and Roanoke Printing Coupaoy, Incorporated, $11.50 per page, the City aanager recommending that the bid of Hammond*s Printing and Litho. Morhs be occepted. Hr. Webber moved that Council concur in the recommendation of the City Manager aDd offered the following emergency Resolution: i~12629) A RESOLUTION accepting the proposal of Hamond*s Printing Litho. Works, Hoanoke, Virginia, for printing ISO copies of the current voting list for the City of Roanoke at a price of $11.29 per page for au estimated 550 pages; aothorizing and directing the Purchasing Agent to purchase ISO copies of the voting list at a cost of approximately $6,209.50; and providing for an emergency. (For full text of Resolution,see Ordinance Hook No. 21, Page 20?.) Mr. Webber moved the adoption of th~ Resolution. The motion was seconded by Mr. Raldrop and adopted by the following vote: AYES: Council members Darien, Hanes, Pickett, Naldrop, Webber, Yoang, and the President, Mr. Moody ............... T. NAYS: None ..................... O, FIRE DEPARTRENT: The City Manager reported theemployment, of William Edward Handy in the Fire Department effective January IH 1956. The report mas ordered filed. REPORTS OF COMMITTEES: BOARD OF ZONING APPEALS: The City Clerk presented the Annual Report of the Hoard of Zoning Appeals for the year 1955. The report Was ordered filed. EASEMENTS-SEWAGE DISPOSAL: Council at its meeting of Janaary 3, 1956, havre! referred to a committee consisting of Messrs. Roy L. Webber, Chairman, Molter L. Yonng, Arthur S. Owens and Raud.olph G. Whittle a resolution of the Roanoke County Board of Supervisors, requesting easements for a IS-foot wide right-of-way through city-owned proper~y in the County of Hoanoke east of Tinker Creek in connection with its construction and operation of a sewer line, the committee submitted a report, recommending conveyance to the RoanoRe County Sanitation Authority of a perpetual, easement for said purpose across the northerly side of Lot 6e Block 2, SusRybrook Subdivision No. l, upoR certain terms end coudltJooc. The committee advised Cooncil that this report covers only a portion or the request of Roanoke County end that o later report will be submitted on the remainder. . Mr. Banes moved that Council concur Jn the report of the committee and that the following Ordinance be placed upon its first reading: (n12630) AN ORDINANCE providing for the conveyance to Roanoke County Sanitation Authority of a perpetual easement rot a sewer lire and related structures across the northerly side of Lot 6, Block 2. according to the Map of Sunnybrook Subdivision No. 1, upon certain terms Rod conditions. #HEREAS, by Resolution of the Board of Supervisors of Roanoke County adopted on January 3, lgSB, said Board of Supervisors has requested, inter alia, that the City convey to Roanoke County Sanitation Authority, the perpetual ease- ment hereinafter-described; and NBEREAS, this Councll*s Sewage Committee has studied the request and has recommended in favor of the granting thereof. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be. and they are hereby, authorized and directed, for and on behalf of the City, to execute a deed of easement conveying to Roan.he County Sanitation Authority a perpetual easement for the construction and operation of an 8-inch sewer line and two manholes, the said sewer line being along the approximate center of a IS-foot wide right of way extending across the northerly side of Lot 6, Block 2, according to the Map of Sunnybrook Subdivision No. 1, in Roanoke County, said deed to be upon sach form as is approved by the City Attorney but to reserve the City's right to connect to said sewer line at any later time without the payment of a connection charge, should the City desire to make such a connection for the purpose of serving any building or buildings erected on said lot and, further, to provide that the said Sanitation Authority agree to relocate said sewer line on to some other portion of said lot if, in the future, the City desires or finds it necessary to erect any building or structure on said lot. the location of mhich would be interfered with by the original location of the said sewer line. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Bones, Pickett, Waldrop, Webber, Young. and the President, Mr. No.dy .................. ?. NAYS: None ........................ O. BUILDINGS: Council at its meeting of December lg, 1955. having referred to a committee consisting of Messrs. Walter L. Young, Chairman, Herbert A. Davies and Arthur S. Owens for study and recommendation a communication from Southern Varnish Corporation. requesting that necessary action be taken to permit it to construct an open shed to cbver a shipping dock at its plant, which permission has been denied by the Building Inspector as being contrary to the Zoning law sad by the Board or Zoning Appeals ou an oppeul thereto, the committee submitted its report, advising that the construction proposed by Southern Varnish Corporation does not meet the reqnireneuts of the City Code, thom under the provisions or law un appeal hun been mode and denied, and that Council has so right under the City Code to grant a further appeal, the connlttee offering the folloutog suggestions: '5 (n) We recommend thut~the subject of revising the Code with respect to structures of this type be referred to u committee composed of Councilman Davies, City Yanuger Omens and Building Inspector Leftmich, for investigation and report. This mill require considerable tine and will probably be too slow to aid Southern Varnish Corporation in this instance. (b) The City Building Inspector hun offered to issue u building permit in this case if Southern Varnish Corporation will brich up the mJudoms in the north side of its office and the south side of its boiler house, ad- Jacent to the storage shed. This mould prevent the infiltration of fumes, if uny exist, and lessen the chance of a fire. We regard this offer as a reasonable and qnick solution to this problem if suggestion $(a) is too slom to neet the needs Of the applicant.' Hr. Webber moved to ~eliminate from consideration the recommendation for appointment of a connlttee to investigate and report on the subject of revision of the Code and to concur in the remainder of the report. The motion mas seconded by NV. Names and adopted. SP£GIAL p£RMITS-STR£ETS ANO ALLEYS: Council at its meeting of January 1956, having vefeFred to a committee consisting of Hessrs. WalteF L. Young, Chairman, Arthur S. Omens and HFS. Mary C. Pickett for study and recommendation a connunication fFom Nelson HaFdmare Company, requesting that permission previously granted by Ordinance No. 12527 for excavation of and projection into Gregory Avenue, N. E., fOF footings Of a retaining mall, be changed to permit the said company to use a poFtion of Gregory Avenue, N. £., between Eleventh Street and Tinker Creek, for a grade slope, the committee submitted its report, recommending that permission be granted to Nelson Hardware Company to extend the s~ope from its excavation a maximum of ten feet into the south side of Gregory Avenue, N, from Eleventh Street east to Timber Creek, temporarily, until such time as there is need for a 50-foot street, provided Nelson Hardmare Company mill agree to build the wall contemplated under Ordinance No. 12527 and restore the ground hack of the wall to its former level at any time that the city decides itneeds the property for street purposes, the city to be the sole Judge, this to be accomplishe~ by means of a contract or agreement between Nelson Hardmare Company and the' City of Roanoke prepared by the attorney for the said Nelson Hardware Company, subject to approval of the City Attorney, said c~ntract to provide for construction of a proper guard fence along the street at the top of the slope at the expense of the owner, and that no expense is to be borne by the city at any time as a result of the contract or agreement. Hr. Hanes moved to concur in the recommendation of the committee. The motic wes seconded by ~r. Davies and adopted. · . SEJA$£ OlSPOSAL~ Council ut its leetilg of Rarch 21, 1955, having appointed n committee consisting of Ressrs, Walter L. Young, Chuirwsl, Herbert A. Davies, Arthur S. Owens, John L. Wentworth nnd #. Cletus Oroyles to investigate failure of a dsm encasing a 4201nch sewerllse across Roanoke River at the west end of Waseaa Park and report thereon, the cowmittee submitted its report, stating the following: !. The daw was belin substantlall! as shown on the plans bat the contractor voluntarily and without requesting extra payment extended the foundation through part of the length of the dam to a greater depth than called for. 2. It is our opinion that the plans and specifications did not show a proper design for this dam. 3. The answer to this question will, of necessity, be lengthy. It is the opinion of your committee that this early failure occurred as a result or an error on the plans, the failure of the specifications to require that the foundation be carried down to solid material and an error in Judgment by the field in- spector in not requiring the contractor to place the dam on solid material at extra cost to the City. Specifically, the plans were revised prior to con- structionand the flow line of the interceptor sewer was raised approximately 1'-6" in order to obtain a lower price on the work. When this revision was made, the foundation of the dam was raised the same distance, mhbreas we feel the pipe should have been raised in the dam and the foundation should not have been raised. This plan error would have been nulli- fied had the field inspector used good Judgment and extended the foundation to firm material. The dam has now been repaired and it Is the opinion of your committee that it Is now as safe as it would have been had it been properly constructed, The cost of repairing the dam was $20,234.62. Hsd the dsm been properly constructed and extended to firm material when originally constructed, the City would have paid the contractor for 163.5 yards of additional concrete and 251 yards of additional excavation, plus an allowance for engineering and field supervision. Ne estimate that this ad- ditional cost, which we feel should have been incurred at the time of construction, would have amounted to $13,593.46. The Clty*s loss then, resulting from the failure, is the cost of making the repairs less the extra cost which the City would have incurred if the dam had been properly con- structed originally., or $6,641.16. We believe that the engineers who prepared the plans and specifications and who were in charge of the field inspec- tion are responsible for this,failure. Yhe plans and specifications were prepared, end all field inspection performed, by Alvord, Burdick and Howson, and Mattern and Mattern, as a Joint undertaking. Mr. Danes moved to receive the report of the committee and to request the committee to consider and recommend to Council procedures it should follow in recovering loss from the dam failure, the City Attorney to furnish consultation on'the legal aspects of the matter. The motion was seconded by Mr. #aldrop and adopted. UNFINISHED BUSINESS: RAGES-CITY EMPLOYEES: Council having previously received a report of its Committee on Job Classification, Pay rates and related matters and the report haviu9 been tabled for consideration In its 1956 budget sessions, the report was again before the body. . Is this conuectlone the City #nnoger sebwltted~exmueicnkione rrna the rollouieg: Grlrfeehngen nad Associates, offering to prepare position classification and compeeaetion plan for · fee not to exceed $7,000,00, to be completed in approximately ninety days; J, L. Jacobs nod Compeey, personnel closalfication and compensation plan at a cost not to exceed $6,000.00, to be accomplished in four months; John F. Spear and Associate, preparation of Job classification end compensation plan et an estimated coat of $$,SgO. 00, term o! accomplishment, approximately eleven meeks; Public Administration Service, claasification and salary study at a price of $6,5D0.00, Obesity to furnish typing service and office apace, approximate tine to complete Job, roar months; and G. A. Mrichuaoo Job classification and compensation plan for $1,000.00', to be completed within six to ten meeks. Mr. Hanes moved to refer the setter to a committee consisting of Messrs. Roy L. Mebber, Chairman, Herbert A. Davies and J. Robert Thomas to study and recommend to Council at its next budget study session the person, firm Or corporation to be employed to make such a study as recommended, the time element to be allowed for the study, the estimated coat of the study, and the amount of appropriation to be included in the 1956 budget for the atudy and aalary adjustment: The motion was seconded by Mr. Waldrop and adopted. HUHGET-SCHOOLS: Council at its meeting of January 3, 1956, having requeated the Roanohe City Scheol Hoard to reduce its budget request by $30,000.00, the School Board submitted a revised budget request for 1956 in accordance with the request of Council. Mr. Yonn9 moved to refer the matter to Council's budget study seasioo. The motion was seconded by Mr. Mebber and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION ANH CONSIDERATION OF ORDINANCES ANH RESOLUTIONS: HEALTH DEPARTMENT: Council having previously considered an Ordinance regulating the sale of meat and meat products in the city, and repealing Ordinance No. 12436 relating to the sale of meat and meat products, and having tabled said Ordinance for consideration at the present meeting, Hr. Webber offered the following emergency Ordinance: (~12631) AN ORDINANCE regulating the sole of meat and neat products in the City; defining certain words and terms for the purpose thereof; providing penalties for its violation; and providing for its citation and effective date; repealing Ordinance No. 12436 relating to the sale of meat and meat products; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 21, Page 208.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Haldrop, Webber, Young, and the President, Mr. Woody ................. 7. NAYS: None ....................... O. HOTIONS AND MISCELLANEOUS BUSINESS: ZONING: Ira T. L. Pluohett, Jr., Attorney for Mr. R. R. Quick, presented a petition, requesting that three tracts of land located on the southerly side of ,! Brcudon Avenue. S. N., described cs Lots No. 1270721, No. 1270403 cad No. 1270402, os which the petitioner holds purchase options, be ~esoned trow General Residence District to Business District. .' .. Mr. Banes waved to refer the petition to the City planning Commission rot study nad recommendation. The motion ~as seconded by Ur. Nnldrop end adopted. ZONING: 'The Times-World Corporation presented n petition, requesting that two erects of laid containing 4.67 ecres nnd 24.85 acres, respectively, located on the southerll side of Brcndou Avenu. S. W., et the site of Its IfDBJ transmitter station, be rezoned tram General Residence District to Business District, Mr. Maldrop waved to refer the petition to the City Planning Commission for study and recommendation. The motion was seconded by Hr. Banes and adopted. STREETS A~B ALLEYS: BF. A. T.f~o~do Attorney for Club View Corporation, Jresented a request that a twelve foot alley extending along the northeast of .ors 28 end 2g, Block 43, ~est End end Riverview Land and Yanufacturing Company Nap, went from Twenty-fourth Street, S. ~., to and partially into the Norfolk and Western Railway Company yards, be permanently vacated, disc~ntlnued and closed, along with an agreement between said Club View Corporation and the Norfolk and Western Railway Company, the affected property owners, agreeing to the closing of said alley. Hr. Naldrop moved to refer the request to the City Planning Commission for study and recommendation. The motion Was seconded by Mr. Hanes and adopted. SMOKE CONTROL: The City Clerk reported that Br. Benry B. Boynton has qualified as a member of the Advisory and Appeal Hoard to the Director of the Department of Air Pollution Control for a term of four years ending'December 19S9. The repoFt was ordered filed. RECREATXON DEPARTRE~T: Mrs. Pickett having placed on the agenda the question of appointment of a committee to study and recommend to Council the creation of an Official Recreation Hoard. Mrs. Pickett stated that she now wishes to withdraw the question from consideration. There being no further business, Council adJouFned. APPROVED Pres l-d~n t "83 COUNCIL, REGULAR. MEETING. Monday, January 16, 1956. The Council of the City of Roanoke met in regular meeting In the Council Chamber In the Uunicipat Building, Monday. January 16.,1956. at 2:00 o'clock, p. m.~ the regular meeting bour,.with the President~ Mr. Woody, presiding. PRESENT: Council members Darien, Manes, Pickett, Maldrop, Webber, Young, nnd the President, Mr. Woody ................ 7. . ABSENT: None ........................ O. OFFXCERS PRESENT: Mr, Arthur S. Owens. City Manager, Br. James N. Eincanon. Assistant City Attorney, Mr, Marry R. fates. City Auditor, and Mr. J. Robert Thomas. City Clerk. The meeting was opened with a prayer by the Reverend R. £. A. Miller, Pastor of the Ghent Brethren Church. MINUTES; Copy or the minutes of the regular meeting held on Oecember 2T, 1955, having been furnished each member of Council, upon motion of Mr. Hanes. seconded by Mr. Davies and adopted, the reading was dispensed math and the minutes approved as recorded. In connection with the approval of the minutes, Mr. Webber stated that Mr. Robert P.'Munter, Director of Parks and Recreation, Was not appointed a member of the Stadium Advisory Committee and moved that Hr. Robert P. Hunter be appointed as a member of the Stadium Advisory Committee for a term of tun years ending December 31, 1957, The motion was seconded by gr. Hanes and adopted. IIEAHING OF CITIZENS UPON PUBLIC HATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m,, January It, 1956, on the request of Mrs. nary A. Eaton that a tract of land containing twenty acres located on O. S. Route Il at the northerly corporate limits of the city be rezoned from General Residence District to Business DistFICte and notice of the hearing having been published in The Roanoke World-News on December ~30. 1955. and the City Planning Commission having previously reported, recommending the denial of the request, the hearing was held. Mr. Walter Wu Wood, Attorney for the petitioner, appeared and stated that subsequent to consideration of the request by the City Planning Commission the petitioner has changed her plans for the use of the said property from a shopping center to a general business district by reason of the proposed construction of a shopping center on the Andrews property north of the city and by reason of the fact that several business firms desire locations on the property for the construction of business establishments, Hr. ~ood further pointing out that at no time during the consideration of the question, either before Council or the City Planning Commission, has any objection been raised by property owners or other affected persons and that the property is bounded on both the north and south sides by property already zoned for business purposes. Mr. Waldrop moved to refer the request to the City Planning Commission for further study in view of the change in the proposed usage o! thc property and recommendation thereon and to continue the public hearing until 2:00 o'clock, p. m., January 20, 1956. The motion mss seconded by Hr. Hanes and adopted. PETITIONS AND COM#DNICATIOMS: NOME. REPORTS OF OFFICERS: ZONING-SETBACK LIMES: Council et its meeting of December 19, 1955, having referred to the City Masager for study end recommendation the question of establishing a setback line on Dollins Road, M. E** the City Manager reported that Ordinance Mo. 9059, adopted March 28. 1949, established a setback line thirty feet from the center line of Hollins Road, N. E** from Orange Avenue to the north corporate limits of the city. The report mas filed. STORR DRAINS-STREETS AND ALLEYS: Council at its .eeting of January 3, 1956, having received a report of the City Planning Commission, recommending that the body accept offers of land for the purpose of widening the street at the Junction of Grandin Road and Carlton Road, S. M.. andat Orandln Road and Gillasple Road, S. M., at which time the City Manager presented Ordinances providing for the acceptance of said property from John A. Somder, et ox, and the ~esthampton Christian Church and the acceptance'of a storm drain right-of-may from the Nesthampton Christian Church, and Council having directed the City Manager to study and report on the inclusion of the storm drain right-of-may easement in the Ordinance relating to the Mesthamptoo Christian Ckurch. the City Manager submitted his report, advising that a 24-inch'drain has been constructed across the property of the Westhampton Christian Church on the basis of an offer from the said church to grant the city a right-of-way for the said drain and that the Ordinance as presented provides for a perpetual easement covering said right-of- way, that the cost of constructing the storm drain was $539.70, and recommended that Council adopt the Ordinances as presented, accepting both the land for ~treet purposes and the easement for a storm drain right-of-way. Mrs. Pichett moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (n12632) AM ORDINANCE providing for the acquisition of certain land on the north side of Crandin Road, S. ~., east of Carlton Road. S. W.. for street purposes and. also. an easement for a 10-foot wide storm drain right of way adjacent to said land. MHEREAS, the congregation of the Mesthampton Christian Church has offered to convey to the City certain of its land as hereinafter described, located on the north side of Crandin Road. S. M.. In order that Orandin Road may be widened and the northeast corner of the intersection of said Road and Carlton Road, S. be rounded, and has further offered to convey to the City a perpetual easement for a lO-foot wide storm drain right of way adjacent to said land. both conveyances to be for a nominal consideration; and :85 WHEREAS, the City Planning Commission has recommended the acceptance of the lame aid this Council deems it to the best public interest to acquire laid laud and, ia ~ddition, said storm drain right or may, to be used for the aforesaid purposes, respectively. THEREFORE, BE IT ORDAINED by the Council or the City or Roanoke that the proper 'City officials be, iud they are hereby, authorized and directed to accept, for amd Da behalf of the City, from the Trulteai of thc Weltbumpton Cbriltian Church, or the lawful owner thereof, a deed upon such form as la prepared and approved by the City Attorney, conveying to the City with SPECIAL WARRANTY of title the following described land. to-wit: BEGINNING at a point on the present east line of Carlton Road, S, W., said point being located N. 9° 28' W. 30.67 feet from point of intersec- tion of the present north line of Brandla Road with the present east line of Carlton Road extended; thence continuing with Carlton R~ad N. 9° 29' W. 11.83 feet to a point on same; thence with a carved line to the left an arc distance Of 42.11 feet (radius of said curve being 25.0 feet with a chord bearing and distance of S. 57° 43' E. 37.30 feet) to u point of tangency on the newly established north line of Crandin Road; thence wlth same N. 74° 02' E. 130.46 feet to the point of inter- section of the aforesaid newly established north line with the present north line of Grandin Road; thence mith the present north line of Grandin Road the same being a curved line to the left an arc distance of 4.65 feet (radius of said carve being 1000.0 feet with a chord bearing and distance of S. 69° 02' W. 4.65 feet) to a point of tangency; thence continuing with the said present north line of Grandin Road S. 68° 54* W. 125.29 feet to a point of curve; thence with a curved line to the right an arc distance of 44.34 feet (radius of said curve being 25.0 feet with a chord bearing and distance of N. ~0° 17' W. 39.?5 feet) to the place of BEGINNING, containing 1,094 square feet, more or less. and being a portion of tract - 'A% Map of Westhaopton No. l, said nap being of record in the Clerh*s Office of the Hustings Coart for City of Roanoke. Virginia, in Rap Book 1, Page 28. BE XT FURTHER ORDAINED that, upon the City's acquisition of the title to the land bereinabove-described the City Manager shall be. and he is hereby, authorized and directed to proceed to incorporate said land into the public street system of the City, so as to widen 6raudin Road at said point and to round the northeast corner of the intersection of Grandiu Road and Carlton Road, S. W.. with a radius of 25 feet at the new property line. HE IT FURTHER ORDAINED that the proper City officials be, and they are hereby, authorized and dtrected to accept, for and on behalf of the City, from the Trustees of the Westhampton Christian Church, a deed upon such form as is approved by the City Attorney. conveying to the City. with SPECIAL WARRANYY of title a perpetual easement for a lOofoot wide storm drain rlght of way adJaceot to and northerly from the strip of laud hereJnabove-described, the exact location of said storm drain right of way being shown tn detail on Plan No. 4141, prepared in the Office of the City Engineer ander date of September 30th. 1955. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. ~oody ................... T. NAYS: None ......................... O. Mr. Hanes then moved that the following Ordinance relating to the acceptance of land from John A. Somder, et mx, be placed upon its first reading: (a12633) AN ORDINANCE providing for the acquisition of certain, land on the south side or Grandln Road, S. #., westerly from its Junction with Gillasple Road, S, W,, rot street purposes. WHEREAS, John A. Sowder and Lavenla E, Sowder, the owners of certain land situate os the south side of Grandam Road, S. W., west of its Junction with Gillusple Road, S. W., kave offered to convey a portion of the said land aa hereinafter=described to the City for a nominal consideration, to he used rot street purposes; and WHEREAS, the City Planning Commission has recommended the acceptance of the same by the City and this Council deems it to the best public interest to acquire said land in order to widen Grandin Road and the Junction of the same with Gillaspie Road. S. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby, authorized and directed to accept, for and on behalf of the City, from John A. $owder and Lavenia E. Somder, or the lawful owner thereof, a deed upon such form as is prepared and approved by the City Attorney, conveying to the City with OEN£HAL WARRANTY of title the following described land, to-wit: BEGINNING at the point of intersection of the present south line of Grandam Road, S. (sometimes called Cave Spring Road) with the · present north line of Gillaspie Road. S. thence with the present north line of Glllaspie Road in a southwestwardly direction 110.0 feet, more or less, to a point on same; thence N. 15 R7.0 feet, more or less, to a point on the newly established south line of Grandam Road; thence with same S. 74° 02' W. 157.0 feet, more or less, to the point of Intersection of the aforesaid line with the present south line of Grandam Road; thence with same 260.0 feet, more or less, to the place of BEGINNIND, and containing 2.457 square feet, more or less. HE IT FURTHER ORDAINED that, upon the City's acquisition of the title to the land hereinabove-described the City Manager shall be, and he Is hereby, authorized and directed to proceed to incorporate said land into the public street system if the City. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett. Waldrop, Webber. Young, and the President, Mr. Woody ................ NAYS: None ...................... O. In this connection, the City Manager suggested that the City Planning Commission study the question of establishing a uniform setback line on Grandin Road,' S. W., from either Guilford Avenue or some point that the City Planning Commission thinks practical to the city limits, for a minimum width of sixty-five feet on said Grandam Road, to prepare for the eventual widening of the street. Mr. Yaldrcp moved to concur in the suggestion of the City Manager and to refer the question to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Webber and adopted. '.87 ,:88 CITY PROPERTY: Council ut its meeting of September 6, 1955, having directed the City Manager to advise what properties of the city are being rented upon which ag schedule of rates has been adopted, the City Manager reported that the Rochledge Inn on Hill Mountain and the Health Center Auditorium are not cowered by scheduled rates and suggested that fees of $25°00 for Rcchledge lan and $20.00 for the Health Center Auditorium, based on three hour units of usage, be established, Mr. Mebber mowed that the matter be referred to the City Manager and the City Attorney for preparation of an Ordinance establishing fees for rental of Rockledge Inn and the Health Center Auditorium as recommended by the City Manager and including a fee for the usage of Mountain View. The motion was seconded by Mr. Eanes and adopted. SEWAGE DISPOSAL: Council at its meeting of December 27, 1955, having direct* the City Manager to ascertain under what conditions and whose authority certain sewer connections were made from certain county areas to the city's sewer interceptor lines and to submit his report thereon, the City Manager reported that no city official has permitted the connection of any lines other than those that were made under the easements secured for the laying of the Grondin Court and Greenland Hills outfallso that the Executive Officer of the County of Roanoke has advised that th~ county has given no permission to anyone to attach to the city's sewer system in violation of existing contracts and that apparently the connections to the various city sewer lines In the coanty were made in good faith by contractors, the City Manager advising further that in his opinion none of the contractors or officials of the County of Roanoke and Board of Supervisors has knowingly, directly or indirectly, attempted to circumvent or evade any conditions of their contract, the City Manager advising further that no rules have been established for the connection of sewers direct to the city's mains not included under county contracts and recommended that Council establish such rules by Ordinance cowering both connections and sewage treatment, further that Council establish a fee of $1.25 per month per house for sewage treatment in areas under the contract with the county pending installation of recording flow meters under the contract, or until July 1, 1956. Mr. Hanes moved to refer the report to the committee consisting of Messrs. Roy L. Webber, Chairman, Halter L. Young, Arthur S. Owens and Randolph G. ihittle for study and recommendation and that the City Manager furnish a copy of his report to each member of Council for their study. The motion was seconded by Mr. Davies and adopted. AIRPORT: The City Manager reported that the Purchasing Agent advertised for and received bids covering equipment to be purchased and installed at the Roanoke Municipal Airport in connection with the lease of the restaurant in the Terminal Building and recommended that the bid of Bennett Supply Company. Incorporated. who was low bidder, be accepted in the amount of $12,945.00. Mr. Davies moved to concur in the recommendation of the City Manager and offered the following Resolution: (n12634) A RESOLOYION providing for the acquisition amd installation of certain Improvements ut Roanoke auulclpal Alrport~ awarding a contract therefor~ amd providing rot aa'emergency. (For full text or Resolution, see Ordinance Boob No. 21, Page 216.) Mr. Davies moved the adoption of the Resolution. The motion mas seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ................ NAYS: None ...................... O. REPORTS OF COM#IYTEES: PURCHASING DEPARTMENT: Council at its meeting of April 19, 1955, having appointed a committee consisting of Ressrs. Arthur S. Owens, Cbairman, R. Ross, J. W. Ourress, one representative of the State Highway Department and one representative of the Purchasing Department of the Norfolk and Western Railway Company, the latter two to be named by the City Manager, to study the system non used by the City of Roanoke in purchasing equipment and to make recommendations to Council, the committee submitted its report, recommending that requisitioning departments prepare detailed specifications for needed equipment, contractual services or other items, refraining as much as possible from the use of brand names: that specifications for equipment be broad enough so that at least three legitimate bidders can bid. except in cases where equipment needed Is for special work, and then specifications to be drawn so as to get what is needed for the Job; that the Purchasing Oepartment be allowed to place orders with the lowest responsible bidder meeting specifications upon approval of the City Manager and the head of the requisitioning department up to $10.0OO.00; that no .provision be made for a percentage differential to local firms over out-or-town firms: that thc Purchasing Department be allowed to advertise for contracts, materials. equipment, supplies or other servicesby public invitation published in a local newspaper, by posting notice on a pablic bulletin board, by sending advertisements by mail, or by any other means which in the opinion of the Purchasing Agent is desirable in.the public interest; that in the case of specialized equipment. machinery or vehicles, specifications be drawn by the Director of Public'Works and the,City Engineer and approved by the City Manager, and the purchase made by the Purchasing Agent from the lowest responsible bidder after a thorough study by the Purchasing Agent, Director of Public Works and the City Engineer and approvalof the City Manager; and thatif possible provisions be made for partial payment on invoices covering,partial completion of orders to eliminate the necessity of vendors waiting for payment until the entire purchase order has been filled. ~' , This report was submitted by Messrs. Arthur S.' Owens, Chairman, F. A. Davis Purchasing Agent, State Department of Highways, R. G. Bishop, Assistant Purchasing Agent, Norfolk and Western Railway Company, J. W. Burress, President, Burress Equipment Company, and R. B. Moss, City PurchasJngAgent. The City Manager submitted a minority report, recommending that lmlieu of the sixth item ia the report or the committee, covering specialized equipment, machinery or vehicles, that specificuti'oss be prepared by the Director or Public Moths amd the City Engineer sad approved by the City Manager, mud upon receipt nad tabulation of bids by the Purchasing Agent, a committee consisting of the Director or Public Works, the City Engineer and Purchasing Agent study the bids and recommend award to the dealer or manufacturer on the basis of cost, durability, life, efficiency, productivity, dependability and labor saving features, and upon approval by the City Manager, be purchased by the Purchasing Agent. Mr. Webber moved that Council take the report under consideration and that the City Clerk express the appreciation of the body to Messrs. Davis, Hlshop and Burress for serving on the committee. The notion mas seconded by Hr. Davies and adopted. MA6ES-CIT¥ EMPLOYEES: Council at its meeting of January 9, 19~6, having referred to a committee consisting of Messrs. ROy L. Mebber, Cbairman, Barbera A. Davies and J. Robert Thomas the Job Classification and Pay Mates report previously submitted to Council, the committee to submit its recommendation of the person or firm to be employed to make a study as recommended in the report, the time element to be allowed for the study, the estimated cost of the study and the amount of appropriation to be included in the 1956 budget for the study and salary adjustments, the committee submitted its report, recommending the employment of Mr. George A. Brickman to make a Job Classification Survey for $1,000.00 plus an allowance of $600.00 for stenographic assistance and $400.00 for miscellaneous expense; that Mr. Hrickmaa be allowed 120 days to complete the survey; that Council appoint a committee consisting of three members of Council, the Chairman of the Roanoke City School Hoard, the City Manager, the Superintend- ent of Schools and the City Clerk to assist ia the Job Classification Survey and to make decisions of policy and approve final classifications and pay schedules under the plan; that two offices ia the northeast corner on the third floor of the Municipal Building be made available to Mr. Brickman with the understanding that his use will not interfere with that of Judge F. L. Hoback of the Circuit Court; that $200,000.00 be included in the 19§6 budget for pay adjustments under the Job Evaluation Plan and to pay for the survey; that Council direct the cooperation of all department heads of the city with the survey; that all salary and pay changes made under the Job Classification Plan be retroactive to January 1, lqS6~ that employees in the constitutional offices be excluded from the survey; that if Council concurs in the original report and this supplemental report, they be referred to the City Attorney for preparation of the necessary Resolution or Ordinance to carry oat the provisions of the reports; and that a Western Union Telegram dated January 10, 1956, signed by Henry M, Berke. Vice President, Pan American Norld Airways, Nan York, concerning Mr. Ceorge A. Brickmaa, ~ filed in the official records. f Hr. Mnldrop moved to mume a coBmlttee os recommemded im the report to consist of Hessrs. Roy L. #ebbero Chairman, Herbert A. Davies, Leigh Do Hanes, Jr°, J. P. Crulckshauk, Arthur S. Omens, E, M, Rush,on and J. Robert Thomas. The motion mas seconded bi Hr. Young and adopted. Hr. Maldrop then moved to concur Jn the reportof the committee. The motion wes seconded by HFS. Plchett and adopted. SENAGE DISPOSAL: Council at its tee,lng of September 26, 1955, having referred to a committee consisting of Hessrs. Roy L. Mebber, Chairman, Halter L. Youug~ Arthur $. Owens and Randolph G. Mhittle 8 communication from Hr. Furman Mhitescarvev, Attorney for Roanoke Co~nty, requesting certain amendments to the existing sewage contract between the city and the county to provide for the use of water meter readings as a basis of sewage transmission and treatment charges in certain areas, in lieu of the installation by the county of recording sewage flum meters, and to provide for recognition of the Roanoke County SaRi,at ~n Authority as the agency through which the county would collect sewage for delivery to the city*s sewer system in all areas of the county, excepting the one mhich includes the General Electric plant, the committee submitted its r~port, reconmendJng that the request be denied. Mr. Hanes Roved to file the report. The motion was seconded by Mr. Maldrop end adopted. ZOMIMS: Council at itsmeetiug of December 12~ 1955, having referred to the City Planning Commission for study and recommendation a request from Mr. Mllliaa D, Hopkins, Attorney for Messrs. A. To Craghend and M. S. Milhelm, that their property described as Lots 22 and 23, Block IO, Hap of Lewis Addition, located on the north side of Elm Avenue, S. M., 56.1 feet west of Franklin Road, be rezoned from Special Residence District to Business District, the City Planning Commission submitted its report, stating that in its opinion evidence submitted in support of the petition was insufficient to show the seed for extruding the the request be denied. :' The City Clerh advised that Mr. Hopkins has requested a public,hearing in the matter. · Mr, Maldrop moved to set a publin heariug on the request for 2:00 o'clock, p. m., February 20, I9S6, In the Council Chamber. The motion was seconded by Mr. Davies and adopted. PCRCHAS£ OF PROPERTY-STREETS AND ALLEYS-MATER DEPARTMENT: Council at its nee,lng of November 21, 1955, having referred to the City Planning Commission for study and recommendation a recommendation of the City Manager that the city procure land for the opening of Hoover Street, M. M.', west.of Clifton Street, and Clifton Street, N. N., between Hoover Street and Dudley Street, the City Planning Commission submitted its report, stating that in its opinion acquisition of the land necessary for the opening end lmprovement~of the streets, as recommeude~ by the City Manager, is in the best public interest, and recommended that Council take action to acquire the necessary property. Mr. Webber wowed to direct the City Manager to negotiate with the owners of the property ia question amd to report the.results thereof to Council. The motion was secooded by Wr..Youog etd adopted. . . CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OFORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12619, rezoeingo tract of land located on the north side of.Cove Read, N. W.,at its intersection with Lafayette Boelevard, from Geoeral Residence District.to Haaiaesa District, baviog previously been before Council for.its first reading, read andlaid over, was again before the body, Hr. Davies offering the~folloming for its second reading and fioaladoption: (a12619) AN ORDINANC£ to amend and re-enact Article I, Section 1, of Chapter 51 of the Code.of the City of Roanoke, Virginia, in relation to zoning. (For full text of Ordinance, see Ordinance Book No. 21, Page 209.) Mr. Davies moved the adoption of the Ordinance. The notion was seconded. by Mr. Young and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett. Waldrop, Webber, Yoang, and the President, Mr. Woody .................. 7. NAYS: None ........................ O. STORAGE TANKS: Ordinance No. 12620, authorizing the MacBaln Building Corporation and Miller and Rhoads Company, Xncorporated, to install and maintain a fuel oil storage tank in an alley running north from the first block of Kirk Avenue, S. M., upon certain terms and conditions, having previously been before Council for its first reading, read and laid over. was again before thebody, Mr. Waldrop offering the following for Its second reading and final adoption: (a12620) AH ORDINANCE authorizing MacBain Dullding Corporation and Miller ~ Rhoads Company, Xncorporuted, to install and maintain a fuel oil storage tank in a certoh public alley, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 21, Page 211.) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Moody .................. 7. NAYS: None ........................ O. STREETS AHD ALLEYS: Ordinance No. 12621, providing for the acquisition of certain land at the oorthwest corner of the intersection of Elm Avenue and Fifth Street. S. W., from Starr W. Cromwell, for street purposes, having previously been before Council for its first reading, read and lald over, was again before the body, Mr. Hanes offering the following for its second reading and final adoption: (~12621) AN ORDINANCE providing for the acquisition of certain land at the northwest corner of the'intersection of Elm Avenue, S. W. and 5th Street, S. M., for street parposes. . (For full text of Ordinance, see Ordinance Book No. 21, Page 212.) ..Xr.~ Danes.moved the adoption of the Ordinance. The motion mas seconded ~y Mr. Nuldrop nad adopted by the follcmiug vote: · AYES: Council members Davies, Danes, Pickett, Waldrop, Webber. Young, and the President,Mr. Woody-or? .............?. NAYS: None ....................... O. STREETS AND ALLEYS: Ordinance No. 12622, promiding for the acquisition or certain land on the east side of Oliver Road, D. E** south of Preston Avenue, from Willard L. Sutor, et uN, for street purposes, having previously been before Council for its first reading, read and laid over. was again before the body, Mrs. Pichett offering the follomlng for its second reading and final adoption: (z12622) AN ORDINANCE providing for the acquisition of certain land gu the east side of Oliver Road, N. E., south of Preston Avenue, N. E** for street purposes. (For full text of Ordinance, see Ordinance Hook No. 21, Page 213.) Hrs. Picbett moved the adoption of the Ordinance. The motion was seconded by Hr. Davies and adopted by the folloming vote: AYES: Council members Davies, Hanes. Pichett, Waldrop. Webber. Young. and the President. Mr. Woody ................. 7. NAYS: None ....................... O. ZONING: Ordinance No. 12627, providing for the rezoning from General Residence District to Business District of Lots 11-15, inclusive, Oak View Deights Rap, located on the north side of Shenandoah Avenue, N, W., west of Thirty-sixth Street, having previously been before Council for its first reading, read and laid over, mas again before the body. ,. As previously requested, the City Clerh presented to Council a mapshowing setbacb lines established along Shenandoah Avenue, N. W., from Second Street to the city limits, from which it appeared that no setback line exists on the property covered by Ordinance No. 12627 and that varying setbach lines exist on Shenandoah Avenue throughout its length. Mr. Waldrop moved to refer to the City Planning Commission for study and recommendation the .question of :setbacklines gu Shenandoah Avenue, N. W., from Second Street to the city limits, with a view of establishing uniformity of the width of the said avenue. The motion mas seconded by Mr. Webber and adopted. Mr,.Hanes then moved to table Ordinance No. 12627 until the report of the City Planning Commission is received. The motion mas seconded by Mr. Young and adopted, STREETS AND ALLEYS: Ordinance Do. 12628, vacating, discontinuing and closing the original portion of Oakland Boulevard extending southerly from Wentmorth Avenue to Lot 7, A. N. Cook Map, having previously been before Council for its first reading, read and laid over. mas again before the body, Hr. Waldrop offeriug the following for its second reading and final adoption: · (m12629) AN ORDINANCE enacted pursuant to the provisions of Section 15-766 of the Code of Virginia (1950) as amended to date providing for vacating. discontlnilng and closllg the original portion of Oakland Boulevard extending southerly from Nextworth Avenue between Lot 15, Block 17, of the Hap of William Fleming Court, end Lots 49 ted 49 of the Nap of Fleming Court to Lot ? of the A. N. Cook map in the subdivision known us Fleming Court. (For foil text of Ordinance, see Ordinance Book No. 21. Page 214.) Hr. Wuldrop moved the adoption of the Ordinance, The motion was seconded by Mr. Young.end adopted by the tmllowJng vote: AYES: Council members Davies, Banes, Pickett, Waldrop, Webber, Young, amd the President, Nr. Woody ................ 7. NAYS: None ...................... O. EASERENTS-SEWAGE DISPOSAL: Ordinance No. 12650, providing for the cooveyanc to the Roanoke County Sanitation Authority of a perpetual easement for u semer line and related structures across the northerly side of Lot 6, Block 2, Rap of Sunnybrook Subdivision No. 1, upon certain terms and conditions, having previously been before Council for its first reading, read and laid over, was again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (u12650) AN ORDINANCE providing for the conveyance to Roanoke County Sanitation Authority of a perpetual easement for a semer line and related structures across the northerly side of Lot 6. Block 2, according to the Map of Sunnybrook Subdivision No. 1, upon certain terms and conditions. (For fall text of Ordinance. see Ordinance Book No. 21. Page 215.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Banes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ...................... 7. NAYS: None ............................ O. BUDGET: Council having considered the City Ranager*s proposed budget for the operation of the city government for the year 1956 at various budget study sessions, Mr. Webber stated that the revenue estimate for the General Fund of $11,dGD,Rgg. O0 requires only $392,293.25 from the cash balance in the General Fund to balance the 1956 General Fund Budget and offered the following emergency Ordinance: (u12635) AN ORDINANCE making appropriations from the General Fund of the City of Roanoke for the fiscal year beginning January 1, 1955, and ending December 31, 1956; fixing the rate of pay for certain city employees; and declaring the existence of an emergency. (For full text of Ordinauce, see Ordinance Book No. 21, Page 217.) Mr. Webber moved the adoption of the Ordinance. The motion mas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies. Hanes, Pickett, Waldrop, Webber, Young, and the President,.Mr. Woody .................... ?. NAYS: None .......................... O. BUDGET-WATER DEPARTMENT: Mr. Davies offered the following emergeacl Ordiaaac~ marina appropriations from the Water General Fund and the Hater Replacement Reserve Fund for the lear 1956: (n12636) AN ORDINANCE making appropriations from the Mater General Fund end the Hater Replacement Reserve Fund rot the City or Roanoke rot the fiscal lear beginning January 1, 1956, and ending December 31, 1956; fixing Sba rate of pay or employees of the Hater Department; and declaring the existence of aa emergeacl. (Fur full text of Ordinance, see Ordinance Door No. 21, Page 236.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Hr. Haldrop and adopted by the following vote: AYES: Council members Davies, Danes, Pickett, Haldrop, Hobber, Young, and the President, Mr. Hoody .................... ?. NAYS: None .......................... O. RUDGET-SEYAGE DISPOSAL: Mr. raldrop offered the following emergency Ordinance making appropriations from the Semage Treatment General Fund and the Sewage Treatment Replacement Reserve Fund for the lear 1956: (z1263T) AN ORDINANCE making appropriations from the Sewage Treatment General Fund and the Sewage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January l, 1956, and ending December 31. 1956, and declaring the existence of an emergency. (Fur full text of Ordinance, see Ordinance Book No. 21, Page 23g.) Hr. Waldrop moved the adoption of the Ordinance. The motion was seconded bF Mr. ~anes and adopted b, the following vote: AYES: Council members Davies, Hanes. Pickett, Haldrop. Hobber, Young. and the President, Mr. NoDdy ...................... ?. NAYS: None ............................ MOTIONS AND MISCELLANEOUS BUSINESS: STREETS AND ALLEYS: Mr. C. E. Hunter. Attorney for H. Clayton Lemon, Draper and Rose M. Rice, appeared before Council and presented a communication, requesting that Patrick Henry Avenue, N. ED,. throughout its length over the land embraced within the Union Stock Yards Map, and Lone Oak Avenue, N. E., east of' Larcbvood Street, be pernanent], vacated, discontinued and closed, and stating that if snob vacation be effected his clients will donate to the City of Roanoke land for the relocation of Patrick Henry Avenue at a width of eighty feet, and to widen Larchwood Street, N. E., to a width of fifty feet. from Indiana Arenne to the sontherly line of Laurel Terrace Subdivision, and to widen Indiana Avenue, N. £., from Sixth (Henonah) Street to Seventh (Oneida) Street, to a width of sixty feet, and to widen ThuFston Avenue, N. £.. from the eastern boandary of Oakland Snbfdfvision to Patrick Dear, Avenne, to a width of feet. Hr. Young moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded b, Mr. Davies and adopted. ZO~ISG: #r. C, E. Huutero Attorney for w, Cloytoo LeBen and Rose ~Rice, appeared before Council old presented a communication, requesting thor their properties, being Lots 1, 2, 3, and 4, HlocR 1~ Lots 1-7. inclusive, Block 2~ Lots l-lg, inclusive. Ulock 3~ Lots 1-9, inclusive, Block"4~ nnd Lots 1-6, inclusive, fllock S. map et Union Stock Yurds Corporation, be renoued from General Residence District to Henry Industrial District. Rr,'Youug moved to refer the request to the City Planning Commission for study and recommendation, The motion mas seconded by Ur, Davies and adopted. SEW£RS: Hr. Cecil E. Simmons appeared betore Conncil and stated that the Realth Deportment has advised him that It mill be necessary to coastruct a septic tank on his property in the East Gate Addition and requested that It sanitary sewers are not to be constructed in the East Gate Addition he would lihe to be assured that It and when namer lines are constructed he mill not be required to connect thereto, if. in the meantime, he has constructed a septic tank. The Hayer advised Mr. Simmons that this is an administrative matter and should be tahen up with the City manager. STREETS AND ALLEYS: The City manager advised that the Nlley N. Jackson Company has a contract for grading the Lukens property at the site of the nam Sears Roebuck mud Company bnllding and bas requested permission to damp excess dirt from thc property onto tokens Street, N. E., north of Carver Avenue, and on Carver Avenue, S. ~., on both sides of Lukens Street, the City Manager stating that in his opinion granting of such permission would be to the advantage of the city since it mould fill depressions which the city would necessarily have tn fill when the grading on the tmo streets is accomplished, the City Manager advising further that he estimates the cost to the city in relocating water mains, raising manholes and installing drainage pipe will be approximately $6.000.00. Rt. Webber moved that the matter be referred to a committee consisting of Messrs. Herbert A. Davies, Malter L. Young and Leigh B. Hanes, Jr., for study and recommendation. The motion mas seconded by Mr. Waldrop and adopted. There being on further boniness, Council adjourned. APPROVED Pre~'~dent CODBCIL. REGULAR MEETING. Monday. January 23. 1q$6. The Council of the City or Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday. January 23. 1956. et 2:00 o'clock, p. n.. the regular meeting hour, mink the President. Hr, Woody. presiding. PRESENT: Council members Davies, Banes. Pichett, Waldrop, Webber, Young, aod the President, Mr, Woody ................... 7. ABSENT: None ........................... O. OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager. Mr, Janes N. Kincanon. Assistant City Attorney, Mr. Barry R. Yate$, City Auditor, amd Mr. Jo Robert Thomas, City Clerh. The meeting mas opened with a prayer by the Reverend T. ?breaSt, Pastor of the Rogues Mill Baptist Church. MINUTES: Copy of the minutes of the regular meeting held on January 3, 1956, having been furnished each member of Council, upon motion of Mrs. Pickett, secooded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUOLIC MATTERS: ZOSlNG: A public hearing having been set for 2:00 o'clock, po m,, January 23, 1956, on the request of Fuel Oil and Equipment Company, Incorporated, that a !parcel of land located at the intersection of U. S. Route Bo. lland Edgewond Street, 5. Ms, fronting 120 feet on Drandon Avenue and extending in a northerly ,idirecti°n for a distance of 300 feet measured along the west side of Edgewood Street, and lying between Edgewood Street and the corporate limits of the city, being a portion of Lot Bo. 1b10207, be rezooed from General Residence District to Business District, and notice of the hearing having been published in Tho Roanoke Morld-News on January 6.~1956, and the City Planning Commission having recomnendedthat the request he granted, the hearing was held at which Mr. P. Elltott, 2763 Derwent Drive, S, W., appeared in opposition to the reqnest~ stating that while the rezoning of the property ia question and the erection o[a [lllfog station thereon might not damage the property owners.appearing in opposition, they feel that any rezoning of property on Brandon Avenue would lead to further reqoests for rezoning of property which have been denied in the past and which would be detrimental to.the residential area., Mr. Elliott:pointed out that he and other residents of the community have appeared before Councilion numerous:occasions in opposition to the rezoning of property aa Brandon Avenue and that members of Council are thoroughly familiar with the arguments presented,: that .the residents in the area purchased their property and established homesthereou by reason of the residential zoning and that encroachment of business on Brandon Avenue, inside the corporate limits, would tend to lower the values of their property. Appearing in support of Mr. £11iott and in opposition to the request for rezoning, mere Messrs. John B. Mhittington, R, A, Nenning, J, R. Stamper. Herbert gurshan, Marcus gaplan. A. E. Kessler and T. A. Martin, all residents of the area. " M~. L~oinrd G~ Mine, Attorney for the petitioner, appeared before Council and advised thatthe property la question is unsuitable for residential purposes and that it is m portion of the property owned by his client, the remainder or which extends into the county and is alrendyzoued for business, that his client intends to bridge and'box in Mud Lick Creek iron the highway approximately sixty feet northward, such construction to be'of the same nature es the highmay bridge across the creek, and that' the handrail on the bridge at its northerly end will be removed, thereby extending the roadwsy by sim feet at this point, Mr. Muse estimating that the cost of this construction will approximate $20,000.00, and further that the grading and construction work on the proposed filling station is estiuated ut an additional $20,000.00. Mr. Muse presented Mr. M. E. Fitzgerald, Assistant Resident Engineer, Salem DIstrict. State Highway Department, who advised that the State Highway Department has gone over the proposed plans and has concluded that extension or the highway bridge, as proposed, and removal or the railing will eliminate some of the tFafftc haaard caused by the bottleneck of the present bridge structure by providing an additionnl six feet of roadway for the north-bound traffic 1one, and in consequence, the Highway Departuent has given Fuel Oil and Equipment Company. Incorporated. a permit for the proposed work in connection with the highway. gr. M. B. Adams. President of Fuel Oil and Equipment Company. Incorporated appeared before Council and stated that the proposed filling station has been designed as a community service and that he as n resident of the neighborhood has no intention of erecting end conducting a filling station on the property which would be detrimental to property values in the area. Mro Adams stating further that the design of the ill]Jug station his company proposes to erect includes a waiting room for residents of the area, with rest rooms, mhich he hopes will serve the people of the community while waiting for buses. Hr. Mebber moved to continue the bearing until 2:00 o'clock, p, m.. January 30, 1956. The motion mas seconded by Mr. Waldrop and adopted. PETITIONS AND COMRUNICATIONS: TRAFFIC-LICENSE TAX CODE: The City Clerk presented a communication from Mr. I. Latin, objecting to the-change of time allowed for parking meters from one hour to one-half hour for five cents. Mr. Young stated that the Ordinance providing for the change has already been adopted and the change in the parking meters is underway and moved to file the communication. The motion was seconded by Mr. Davies and adopted. ZONIHG: The City Clerk presented a communication from Mr. Tom Stockton Fox Attorney for Maldron and Maldron, Contractors, requesting that their property, being Lots 4-8, inclusive, Hlock ag, lest End and Rlverview Laud Company Map, located on the south side of Nest Avenue, S. l., extending from Twenty-first Street 250 feet to the east, be rezoned from General Residence District to Light Indnstrfa! District. ,! Mr. ~evles moved to.refer the comuuelcntiol to the~City Plea·inn Commission for study and recomBeedatlon. The wotloe was seconded by Mr. ~nldrop nad adopted, UEPARTR£N~ OF PUBLIC UELFARE: The City Clerk presented · commuaicutloe trow Hr, J. N~ Mieca~oa, Assistant Clt~'Attor'mey, ~dvislng tha't abaCI'remit Court Roanoke CouaW, Virginia, has entered a Jodg=emt against the city ia the SUB Of $1,769.00, with interest f'ron January 13, 1956, and court costs, in favor or Byron M. Steele and Frances P. Steele, os damages, by reason of the ·lleged the Steele farm in the Cave Sp~ing District of Roanoke County for some years prior to May 1, 1950, and which he advised that he is of the opinion nothing would be gained by the city's application for a writ of error to the Supreme Court of the State since the entire controversy involved disputed questions of rnct and the Jury in the case resolved certain of said questions against the city and all of the remainder ·gainst the plaintiffs, Mr. Kiucnaon recommending that authority be given the proper city officials to Hake payment of the amount of the Judgment at such time as the costs of the'suit have been deterniued, Hr. ~ebber moved to concur in the recommendation and offered the following Resolution: (~12635) A RESOLUTION authorizing payment of a certain.Judgment against the City in favor ofByFOO W. Steele and Frances P. Steele; and providing for (For full text of Resolution, see Ordinance Book No. 21. Page 242.) Mr. Webber moved'the adoption,of the Resolution. The motion was seconded by Br. Maldrop and adopted by the following vote: AYES: Council members Davies. Hanes, Pickett, Naldrop, Nebber, Young.and the President. Mr. ~oody ....................... ?. NAYS: None ............................. O. REPORTS OF OFFICERS: NONE. REPORTS OF COMMITTEES: SERAGE DISPOSAL: Council at its meeting of January 16, 1956, having referred to a committee consisting of Beasts. Roy L. Rabbet, Chairman, Melter L. Young, Arthur S. Owensand Randolph G..~hittle a report of the City Manager covering unauthorized connections to the city*s sewage lines in the county for study and recommendation, the committee submitted-its report, recosmendlmg as [ollows: 1. That July 1, 1956. be established as a deadline for the installation of the flow-meters as set forth in the City's Contract with the Roanoke County Board of Supervisors. 2. That monthly charge of $1.50 per house be established as the rate of charge for transporting and treating · sewage now entering the City's sewage trunk lines from areas approved by the City on the request of the County, but which have no finn-meters. This charge Is retroactive to the date as set forth in the City Ranager's report indicating,the time each house was connected to the sewer system, but the charge will not be applicable beyond July 1, 1956. : 3. Your Committee further recommends that the City Wanager or his agent be permitted to enter into a contract with ..... Residential Property Owners adjoining the City*s Sewer Line, based upon the following conditions: a. That a charge of $100.00 be sade for each unit · ~99 .T, iO0 b. .That tho rate for-trentitg nud:tronsportlng'sewuge be based on the epplicsnt*s utter bill, plus the usual $0~ surcharge.for utter customers~llvlng il tko Coeuty, plus 40~ rot seunge customers living in the County. 4, That'~emogo'rnten"nn~ coenectiot thermos for Business Uo~ses, Indestriml Operntlees,.Msnnftcttrlng Companies, ned others not coveredabove, shall be made by the City Manager, but it ,~ n.o case to be.less tksntknt~ms set forth rot single alit Residential Property Owners living is the County. 5. That I'u the event the applicant rot sewage service does not purchase,bis water.from the Clty,.the City Manager or.kfs agent shall make · survey of the property of the applicant amd estimating the tlotlt of seuage. Zn no case shall tko . amount of the charge be less than $3.00 per house per month plus · charge of $100.00 connection tee. 6.' ~ha't in the event o~ a discontinuance of sewer service for non payment of charges due the City for this service, a $10.00 restoration charge shall be made. ?o' Your Comuittee also recommends that the City Attorney prepare n resolution requesting that the.Roanoke County Hoard of Supervisors pass an Ordinance for the protection of sewage lines placed in the County. Mr. Waldrop moved to concur in the report of the committee and to refer the tatter to the City Attorney for preparation of the necessary Ordinance or Resolution to carry out the committee's recoumendations. The motion mas seconded by Mr. Davies and adopted.. STREETS AND ALLEYS: Council at its meeting of January 16, 19S6, having referred to a committee consisting of Messrs. Herbert A. Davies, Chairman, Walter L. Young and Leigh H. Hanes, Jr., for sandy and recommendation the request of the Wiley N. Jackson Company, Contractors, that they be permitted to dump excess dlrt from the Sears Roebuck and Company property along Carver Avenue, N. R., on both sides of Lukens Street, and along Lukens Street, N. E., north of Carver grade for the street mill result if the request is granted, that it will result in raising the level of Lukens Street and most of the abutting property which lies at a higher elevation than the present street, level mill be benefited, that Lukens 5trent, between Orange Avenue and Liberty Road, can be opened to local traffic at a minimum cost by application of temporary surfacing and the expense of permanent pavement delayed until needed, that if the request is eot granted and the city later decides to open Lukens Street, the cost mill probably be eight to ten times greater than the cost now estimated, at $6,000. O0, the committee recommending that the request he granted, provided,the contractor mill. guarantee to complete the fills as proposed; Mr. Webber moved to concur in the report of the,committee and to lnstruct the City Attorney to prepare the proper Ordinance carrying out the recommendation of the committee. The motion wasseconded by Mrs. Pickett and adopted. UNFINISHED~BUSIHESS: STREETS AND ALLEYS: Council at its meeting of January 9. 1956. having referred to the City Planning Commission for study and recommendation a communication from Mr. A. T. Loyd. Attorney for the Club View Corporation, requesting that an alley running through Olock 43, West End and Riverviem Land Company Map, west of the'BOuleVard, S, M:, be vacated, diSContinued and closed, the City Planning Commission submitted its report, advising that the alley, approximately seventy-five feet in leegth, has never been ripened or used by the public, ned in its ,'pinion the abandonment' or said alley will not be contrary to the Public interest, therefore, the City Planning Coueissien recommended that Council grant the petitS*hefts request, ~' : ~. Mr.~Waldro~moved'to set a public hearing on the request rot 2:00 o*cloch, p. m** Febraary 20, 1956, in the Council Chsuber. The motion was seconded by Mr. Davies and adopted. · ZONING-SETBAC£ LINES: Council at its meeting of January 16, 1956, having referred to the City Planning Commission for study and recommendation the question of establishing additional setback lines on Shenandoah Avenue, N. M., betmeen Second Street and the west corporate'limits of the city, the City Planning Commission submitted a communication, advising that it feels an inspection and survey of the existing buildings on Shenandoah Avenue will be necessary before it will be in a position to study 'the question of establishing additional setback lines and submitting a recommendation in regard thereto and that the Planning Commission will make such study and report as soon as practicable. Hr. Nebber moved to file the communication. The motion mas seconded by Hr. Davies and adopted. CONSIDERATION OF CLAI#S: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STORM DRAINS-STREETS AND ALLEYS: Ordinance No. 12632. providing for the acquisition of certain land on the north side of Grandin Road, S. ~., east of Carlton Road. S. N., from the Nesthampton Christian Church. for street purposes. and, also. an easement for a 10-foot wide storm drain right-of-way adjacent to said land. having previously beenbefore Council for its first reading, read and laid over. was again before the body. Mfs. Pickett offering the following for its second reading and final adoption: (~12632) AN ORDINANCE providing for the acquisition of certain land on the north side of Orandln Road. S. W., east of Carlton Road.'S. N.. for street purposes and. also.~ an easement for a lO-foot wide storm drain right of way adjacent to said land. · ~ · (For full text of Ordinance, see Ordinance Book No. 21. Page 240.) Hrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Hr, Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pichett, Maldrop, Nebber, Young, and the President, Mr. Moody ..... NAYS: None ......................... O. STREETS AND ALLEYS: Ordinance No. 12633, pFoviding for the acquisition of certain land on the south side of GrandJn Road,. S. M., westerly ir*mitts Junction with Gtllasple Road. S. M.. from John A. Sowder. et ax. for streetpurposes~ having previously been before Council for its first reading, readand laid over. was again before the body, Mr. Young offering the following for its second reading and final adoption: :.i01 :1:02 ~(nI2633) AHORDINANCE providing for the acquisition of certain loud on the south side of Graedfu Road, S. W,t westerly from its Jaeetlon with Gillnspie Rood, S. H** for street purposes. ,. (For full text or Ordinance, see Ordinance Oook No.21. Page241.) Mr. Young woved the adoptioe of the Ordinance, The wotion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Couoclluewbers Davies, Hanes, Pickett, Waldrop, Webber, Yoaag, and the President, Mr. NODdy ................. ?. NAYS: None ....................... O. Cll~ C~ARTEM-LEGISLATION: Council having previously referred to a committee consisting of #essrs, Roy L. Webber, Chairman, Walter L. Young, Arthur S. Owens, Janes N. Mincanon and J. Robert Thomas the matter of studying and recommending necessary ChorteF and legislative changes to be requested of the General Assembly o! Virginia, the committee submitted a Resolution, proposing certain amendments to the Charter of the City of Roanoke. and recom=ended its adoption, the committee advising that · further report will be submitted covering changes to the general laws. Hr. Young moved to COnCOF in the recommendation of the committee and offere( the following Resolution: (=12639) A RESOLUTION proposing certain amendments to the charter of the City of Roanoke as contained in Chapter 216 of the Acts of the Assembly of 1952, approved March ?, 1952. as amended, in part, by Chapter 89 of the Acts of the Assembly of 1954. approved March 1, 1954; urging the members of the General Assembly of Virginia from the City of Roanoke to sponsor and support said proposed amendments; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 21. Page 243.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Hr. ~ebber and adopted by the following vote: AYES: Council members Davies. Hanes, Pickett, Waldrop. Webber. Young, and the President, Hr. Woody ................ ?. NAYS: None ...................... O. LEGISLATION-PLANNING COMMISSIONS: The Legislative Committee submitted a Resolution, requesting the Governor of Virginia to allocate certain state funds to the Roanoke Valley Regional Planning and Economic Development Commission. and recommended its adoption. Mrs. Pickett moved to coocur In the recommendation of the committee and offered the following Resolution: (g12640) A RESOLUYION requesting His Excellency, the Governor of Virginia, to allocate certain state fends to the Roanoke Valley Regional Planning and Economic Commission; and providing for an emergency. (For full text of Resolution,see Ordinance Book No. 21, Page Mrs. Pickett moved the adoption of the Resolution. The motion was seconded iby Mr. Davies and adopted by the following vote: ,! AYES: Council members Davies, Danes, Pickett, Waldrop, Webber, Young, and the President. Dr. Woody .................?, NAYS: None ........................ O. CITY CHARTER-LEGISLATION: Nc. Webber moved that should the legislators raise any question concerning the recoameadatious for changes to the Charter of tbe City of Donnote as contorted in Resolution No. 12639 that Hr. James N. Kin:anon be authorized to go to Richmond and discuss such questions mith the members of the General Assembly iron the City of Roanoke. The motion was seconded by Mr. ialdrop and adopted. MOTIONS AND MISCELLAMEOUS BUSXNESS: STREETS AMD ALLEYS: Mr. Young stated that Mr. S. H. Rarchart, a resident of the Graadin Court area, has requested that consideration be given to resurfacing Tillett Road, S. W.. between Spring Road and Dontvale Road, under the Street Repair Program for 1g$6. and moved to refer the matter to the City Manager for his consideration. The motion was seconded by Mr. Waldrop and adopted. There being no further business, Council adjourned. APPROVED Pceslffen-'~ ".~03 :'104 COUNCIL, REGULAR MEETING. Nondoy, Jnuuery 30. 1956, The Council of the City or Roanoke eat In regulnr meeting ia the Council Chnmber in the Municipal Building, #oeday, Jauunry 30, 1956, et 2:00D'ClOCk, p. m., the regular meeting hour, with the President, Hr. Moody, presiding, PRESEBT: Council members Davies. Banes, Pickett. Mnldrop. Mebber, Young. end the President, Hr. Moody ................... ?. ABSENT: None ........................... O. OFFICERS PRESENT: Mr, Arthur S. Omens, City Manager. ar. James N. ~Incanea. Assistant City Attorney, Mr. Barry R. rates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting mas opened mlth a prayer by the Reverend J. Paul Bill, Pastor of the First Mesleyan Methodist Church, BINUTES: Copies of the minutes of the regular meetings held on January 9, 1956, and January 16, 1956, having been furnished each member ut Council, upon motion of Mr. Davies, seconded by Mr. Waldrop and adopted, the reading was dispensed sith and the minutes approved ns recorded. BEARING OF CITIZENS UPON PUBLIC RATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m., January SO, 1956o on the request of the South Billow Lamu Corporation and Benpaul Bomes. Incorporated, that their property located on the west side of Milliamson Road, north of Sycamore Avenue, N. E., be retorted from General Residence District to Business District, and notice of the hearing having been published in The Roanoke Morld-News on January 13, 1956, and the City Planning Commission having previously recommended that the request of the petitioners be granted, the hearing was held. Br. Tom Stockton Fox, Attorney for the petitioners, appeared before Council and requested that the body concur in the recommendation of tbe City Planning Commission. No one appeared in opposition. Mrs. Pickett moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (u12641) AB ORDXNANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. MBEREAS, application has been made to the Council of the City of Roanoke to have a parcel of land located and being all of the said lots in Sections B, G, and L of the Map of MlllJamson Groves, which is bounded on the north by Noble SAranac, N. E., on the south bT STcamore Avenue, N. E., and on the mast by Lukens Street, N. E., and on the east by Nilkins Street, N. E.. all ia the City of Roanoke, rezoned from General Residence District to Business District, and MBEREAS. the City Planning Comuission has recommended that the above parcel or land be rezoced from General Residence District to Business District as requested, and MBRREAS. notice required by Article X[. Section 43. of Chapter 51 of the Code o! the City of R,on,he. Virglniu. reluti·g to 2owing. has bee· publisJed in UThe R,ut,he World-NemsU. · hem·paper published i· the City or R,an,he. for the time required by s,id section, iud MBER£AS. the hearing us provided rot in said notice published in the said newspaper was held on the 30th day or January. 1956. et 2:00 ,ecl,ok. p. B.. before the Council or the City of R,on,he in the Council Chamber in the Municipal Building. at which hearing property ow·ers and other interested parties In the affected area mere give· an opportunity to be heard both for and against the proposed rezonlng. and MB£REASo this Council. after considering the evidence presented, is of the opinion that the above parcel of land should be fez,ned as requested. TBEREFORE. BE IT ORDAINED by the Council or the City or R,an,he that Article I. Section 1. of Chapter 51 of the Code of the City of R,an,he. Virginia. relating to Z,·lng. be amended end reenacted in the follomlng particular and no other, viz: A parcel of laud .located and being nil cf the said lots in Sections B. and L. o! the Map of William·on Groves. mhich is bounded on the north by Noble Avenue. N. E** on the s,ntb by Sycamore Avenue. N. £** end on the west by Luhens Street. N. £** and on the east by Wilhins Street. N. £.. all ~in the City of R,an,he. be. and is hereby changed from General Reside·ce District to Business District and the Zoning Map shall be changed in this respect. The motion was secondedby Hr. Banes and adopted by the following vote: ~ AYES: Council members Davies. Banes~ Plchett. Maldrop. Webber. Young. and the President. Mr. Moody ...................... ?. NAYS: None ............................ O. ZONING: Councll at Its meeting of January 16. 1955, having continued until 2:00 o'clock, p. m,,' January 30, lg56, a public hearing on the request of Brs. Bary A. Eaton that a tract of land containing tmenty acres located on U. Route No. 11,' at the northerly corporate limits of the city, be fez,ned from General Residence District to Business District, and having referred the request of the petitioner bach to the City Planning Commission .for further study, the City Planning Commission submitted a report, stating that In view of additional evidence presented as to the plan of development of the tract of land in question, the Commission is o~ the opinion that the property is suitable for business uses proposed and that the development of theproperty fur,the b·siness uses;proposed mill not adversely affect the values of the nearby residential sections, and recommending that Council grant the request of the petitioner. . The'hearing man then reopened and'Mr. W.. ~. Mood, Attorney for the pet!tion~r, appeared before Council and requested that the body concur in the report of,the City Planning Commission and grant the request of his client. N, one appeared in opposition to the request. - - , .: Mr~ Davies moved,that Council concur-in the recommendation of the City Planning ~ommlssion and that the following Ordinance be placed upon its first reading: ?i105 (eI2642)'AH ORDINANCE to emend and reeauct Article I, SeotlQa 1, of Chapter 51, of the Code of the City of Roanoke, Virginia, In relation to Zoning, HHEREAS, application has been made to the Council of the City of Roanoke to have property located al the east side of U. S, Route Il, containing approximately 20 acres, near the northerly corporute limits of Rouuake, Virginia, end designated on the official Hap of Roauoke City as 2200201 be reuoned from Residential District to Rusiuess District; hud WHEREAS, notice required by Article XI, Section 43. or Chapter 51, of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in 'The Roanoke #orld*Nems', a newspaper published in the caw of Roanoke, for the time required by said section, and WHRR£AS, the hearing as provided far ia hold notice published in the said newspaper mas held on the 16th day of January, 1956. at 2:00 o'clock, p, m** before the Council of the City of Roanoke, in the Council Room in the Runiclpal Huildiug, at which bearing aa objections were presemted by property ambers or other interested parties in the affected area, and NR£R£AS, it was brought to the attention of Council that t~e Petitioners had abandoned their plans for the creation of a shopping center and decided to derelop the said property strictly as business property; and HHEREAS. the said Council, after due consideration, decided to refer the matter back to the Planning Board for their recommendation; and WHEREAS, the City Planning Board has recommended that the above property be rezoned from Residential District to Husiness District as requested; and RHEREAS, this Council. after considering the application for rezoning, is of the opinion that the above property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter SI, of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no : Property located on the east side of U. S. Route 11. containing approximate 20 acres, near the northerly corporate limits of Roanoke. Virginia, and designated on the Official Map of Roanoke City as 2200201 be and is hereby changed from Residential District to Dusiness District and the Zoning Map herein referred to shall be changed in this respect, The motion was seconded by Hr. Waldrop and adopted by the following vote: - AVES: Council members Davies, Hanes, Pickett, ~aldrop, Hobber, Young, and the President, Hr. Woody ...................... NAYS: None .... ~ ....................... O. ZONING: Council at its meeting ~f January 23, 19~6. baying continued a public hearing on the request of Fuel Oil and Equipment Company, Incorporated, that a parcel of laod located at the intersection of U, S. Route No. 11 and Edgewood Street, $. M., be rezoned from General Residence District to Rusiness District, until 2:00 o'clock, p. m., January 30, 1956, the hearing mas reopened. Mr. P, H, Elliot* again appeared before Council es u representative of the citizens of the area in opposition to lhe request. Hr. J. M. Kith, representing Feel Oil and Equipment Ccmpsey, Incorporated, appeared before Council and requested lhat the body concur in the recommendation of the City Planning Commission and grant his company°a request. Mr. Yeang moved that Council concur in the recommendation of the City Planning Cowmission and that the following Ordinance be placed aport its First reading: (z12643) AN ORDINANCE to amend and reenact Article I. Section 1. of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. NDEREAS. application has been made to the Council of the City of Roanoke to have a parcel of land fronting on Brandon Avenue. S. M** and extending therefrom in a northerly direction rot a distance of three hundred (300) Feet as measured along the west side of Edgewood Street. S. N., and lying between said Edgemood Street and the corporate limits of the city, designated on the OFficial Tax Appraisal Rap of the City of Roanoke as a portion of Lot No. 1610207, rezoned from General Residence District to Business District, and #RER£AS. the city Planning Commission has recommended that the above parcel of land be rezoned from General Residence DlstFict to Business District as requested, and NREREAS, notice requiredby Article II, Section 43, of Chapter SI of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in *The Roanoke Morld-News** a newspaper published in the City of Roanoke, for the time required by said section, and MREREAS, the hearingas provided for in said notice published in the said nemspaper was held on the 23rd day of January, 1956, at 2:00 otclock, p. before the Council of the City o~ Roanoke in the Council Chamber in the Municipal Building, at which hearing property owners and other interested parties in the affectedarea were given an opportunity to be heard both for and against the proposed reaching, and NDEREAS, this Council, after considering the evidence presented, ia of the opinion that the above parcel of land should be reached as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter S1 o~ the Code o~ the City ~ Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: A parcel of land fronting on Drandon Avenue, S. N., and extending therefrom in a northerly direction for a distance of three hundred (300) feet au measured along the west side of Edgewood Street, S. N., and lying between said Edgemood Siren and the corporate limits of the city, designated on the Official Tax Appraisal Map of the City of Roanoke as a portion of Lot No. 1610207, be,.uad it ia hereby changed from General Residence District to Business District and the Zoning Map shall be changed in thisrespect. 107 The motion mis seconded by Ur. Nsues cod~ndopted b7 the rollQwiug vote: AYES: Coumcil members Davies, Hines, P~chett, Meldrcp, Webber, Young, and the President, Mr/ Moody .................... 7. NAYS: Hone .......................... O. In this conaection~ the City Manager reported that in compliance with a directive of Council on December 2?, 1955, he has studied the recommendation cf the City Planning Commission that the city accept the remaining portion of Lot No. 16102070 classified as residential property, extending eastmardly along Edgemocd Street from a point three hundred feet eastward from Brandon Avenue. which Fuel Oil and Equipment Company. Incorporated, bas offered to donate to the city, and in addition, purchase from the said company a S-foot strip of land on the northerly side of Edgemood Street. extending from Draedce Avenue three hundred feet in an easterly direction, together with sufficient land to provide for a RS=foot radius at the intersection of Brandon Avenue and Edgemood Street. for a price of $350.00 as agreed to by the said company, in which he concurs. Mr. Naldrop moved to concur in the recommendation of the City Manager and to instruct the City Attorney to prepare an Ordinance providing for the acceptanie and acquisition of the said land. The motion mas seconded by Mr. Hanes and adopted. PETITIONS AND COMMUNICATIONS: LEGISLATION~CITY CItARTER: The City Clerk presented a communication from Messrs. Julian Il. Rutherfoord, Jr., and Kossen Gregory, members of the House of Delegates of Virginia, and a communication from Mr. Earl A. Fitzpatrick, State Senator, acknowledging receipt of Resolution No. 12639. adopted by Council at its meeting of January 23, 1956. and advising that they.will intrbduce amd support bills In the General Assembly to provide for the Charter amendments requested, with the exception of the amendment requested to Sub-section I of Section 2 of the Charter to provide for authority to levy an additional fifty cents per one hundred dollars of value on real and personal property for school purposes and the requested amendment to the Charter to add Section 39.1. providing for hours of work,vacation and sick leave for employees in constitutional offices, for the reasons that Messrs. Rutherfoord and Gregory during their campaign for reelection in November pledged to the voters that they would support no Charter change relating to increasing the tax limit unless and until a referendum had first been held on the question, and in the instance of the amendment pertaining to the employees in the constitutional offices, for the reasons that they feel it improper to introduce such an amendment unless there is agreement between Council and the constitutional officers in the matter since both are elected by the people. Mr. Young moved to direct the~Citl Clerk to .transmit to each of the constitutional officers a. copy of ~hat portion of Resolution No. 12639 proposing the addition of Section 39.1 to the Charter, dealing with constitutional officers, along with o copy of the letter from Senotor Fitzpatrick, requesting each of the constitutional officers to submit their comments thereon to Council. The motion mas seconded by Mr. #ebber and adopted. m Hr.' Banes then moved to Instruct the City Clerk to contact the School Board and arrange for the Board to meet with,Council at one of Council*s regular meetings la the near future at the convenience of the School Board, The motion mas seconded by Hr. Maldr~p and adopted. Mith further reference to Resolution No. 12639, Br. ~ebber stated that the Resolution proposed other amendments to Sub-section I of Section 2 or the Charter than the tax increase uhfch his committee considers to be necessary for better administration of tax assessment and collect.ion and moved that Hr. J. N, Klncanon be instructed to contact the city,s legislators and explain that portion of the Resolution to them, The motion mas seconded by Hr. Ualdrop and adopted. PLANNING COMMISSIONS: The City Clerk presented a communication from Hr. Karl A. Fitzpatrick, State Senator,.acknomledglng receipt of Resolution No. 12640. adopted by Council on the 23rd day of January, 1956, and advising that under Chapter 455 of the Acts of 1950 the Legislature provided $5,000.00 for each year of the biennium in its 1954 session and that he has been advised by the Governor of Virginia that such funds have been expended, Mr. Fitzpatrick advising further that no additional funds milI be available until the present Legislature adopts the budget in mhich is contained $5,000.00 for each year of the next biennium, mhereupon, the funds mill become available after July 1, 1956, and suggesting that a formal request for funds be made to the Governor sometime )rloFto July ,1, 1956, for the benefit of the Roanoke Valley Regional Planning and Kconomic Bvelopment Commission. Hrs. Pickett stated that the City Planning Commission has been advised by Mr. George R. Long. Field Representative, State Planning and Economic Development Commission. that the State Commission has proposed the organization of a Roanoke Valley Regional Planning and Economic Development Commission and that Mr. Long has left the City Planning Commission under the impression that it mould receive ~$5,000.00 per year from the state to be matched by an' equal amount from the localities for the support of the Roanoke Valley Regional Planning and Economic Development Commission, Mrs. Pickett moving that the City Clerk be instructed to contact Senator Fitzpatrick and ask that the said funds be provided in the state budget by this session of the General Assembly for. that purpose. The motion was seconded by Mr. Banes and adopted. STADIUM: The City Clerk presented a communication from the Stadium Advisory Committee, reporting an overall income of $27,732.72 from the Stadium during the year 1955. The communication was ordered filed. SMOKE CONTROL: The City Clerk presented a Resolution from the Board of Health, requesting that the city adopt a more vigorous policy tomard effectuating the purpose of the.Air Pollutiom Control Ordinance, giving it the dignity, aothorlty and monetary means commensurate with the responsibility; that · trained and ful~qualified full time supervisor to succeed Mr. Charles S; Frost be hired the earliest possible moment and be provided with an adequate staff to carry ont. effectively the duties of the depsrtmeut; nnd then members of Council give their attention to the recent articles published concerning the public health dssgers and conseqeenees or poorly regulated smoke control, inviting their attention to the experiences of Donorn, Pesnsylv~niao in lg4O. In answer to n question by Mr. Hanes, lhe City Manager advised that he has made every effort to employ · Director for the Department or Air Pollution Control, bat that. it is necessary to take time to find the proper person and that no retrenchment or other action designed to lessen the dignity nY the department has been taken to his hnomledge. The Mayor observed that Council recently revised the Air Pollution Control Ordinance, with a flew of strengthening the deportment, and moved the inspection of boilers to the Department of Buildings to relieve the Director of Air Pollution Control In order that he might put more time on the primary mission of the department. Mr. Young stated that the Donora. Pennsylvania. incident referred to has been thoroughly investigated by United States and Pennsylvania authorities and that it mas not the result of lack of smoke control, but was brought about by fumes known to be poisonous from a zinc smelter located in the area, said fumes being lighter than air, but having been depressed to the earth by a freak atmospheric condition which had not existed prior to or since the incident, Mr. Hanes moved to refer the Resolution of the Board of Health to the City Manager for his consideration. The motion was seconded by Mrs. Pickett and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Clerk presented a communication from the City Planning Commission, recommending that Council acquire Lots 23-27, inclusive, Block 1, Lincoln Court, located at the intersection of Douglass Avenne and Lukens Street, N. E** to be used in connection with a proposed grade separation of Orange Avenue and Lukens Street. Mr. Young moved to refer the matter to the City Manager for study and report to Council as to the total amount of property needed for the proposed grade separation project and the estimated cost thereof. The motion was ,seconded by Mr. Mebber and adopted. REPORTS OF OFFICERS: SMOKE CONTROL: The City Manager reported the resignation of Mr. Charles S. Frost, Director of Air Pollution Control, effective January 15, 1g$6. The report was ordered filed. SOLICITATIONS: The City Manager reported that he has appointed as members of the Advisory Commission on Public Solicitation, as provided in Ordinance Ho. 12545, Messrs. Broaddus E. Chewnin9, Chairman, for too years, Mr. E. C. Moomaw, for two years, and Messrs. Frederick E. Bishop, Frank J. Sherertz and A. S. Rachal, Jr., for terms of one year each. The report was ordered filed. ,! STB£RT LIGHTS: Council ak its meeting or November 21,. 1955,. having referred bock to the City Wanager a recommendation roe the Installation of street lights In the Lincoln Court Housilg ProJect gad the Lansdovne Park Housing ProJect, with instructions that he furnish'proper street locations of the proposed llghts, the City Manager resubmitted his report, shomln~ the locution of the proposed street lights, which he recommended be authorized, Hr. Webber moved to concur in the recommendation of the City Manager nad offered the following Resolution: (u12644) A RESOLDTION authorizing the lnstollation of street lights in the Lincoln Court IIouslng Project and the Lonsdowne Park Housing Project. (For full text of Resolution, see Ordinance Book No. 21, Page 253.) We. Webber moved the adoption of the Resolution. The motion Was seconded by Mr. Maldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ........................ 7. NAYS: None .............................. O. PURCHASE OF PROPERTY-GARBAGE REMOVAL: The City Manager submitted a report, recommending the adoption of an Ordinance, authorizing the acquisition of certain lands for use in connection with refuse disposal. Mr. Waldrop moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (u12645) AN ORDINANCE authorizing the acquisition of certain lands for public purposes; providing for the payment therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 254.) Hr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies. Hanes. Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ...................... 7. NAYS: None ............................ O. REPORTS OF COMMITTEES: LICENSE TAX CODE: Council at its meeting of December 27, 1955, having referred to a committee consisting of Messrs. Harry R. Yates, Chairman, J. Robert Thomas and J. N. Klncaoon for stody and recommendation a communication from Mr. John W. Wilson, Jr., Attorney for G. M. Dances, and a communication from the Freddie Lee Orchestra. requesting that Section 90 of the License Tax Code be amended to provide for tho licensing of individual moslctans rather than orchestras, the exempting of charitable institutions and establishing a per day license for orchestras, the committee submitted its report, recommending that Section 90 of the License Tax Code be amended to provide as follows: Subsection (a). In addition to the $30.00 per annum license tax, a per week tax of $20.00 and a per 24-hour period tax of $10.00. Subsection (b). In addition to the license tax of $55.00 per annum, a $30.00 per week tax and a $15.00 per 24-hour period tax. Subsection (c). In addition to the $110.00 per annum tax, a $60.00 per week tax and a $30.00 per 24-hour tax. ~'112 Hr. Nilson appeared before Council and stated that his client feels the tlcease tax should not be charged against aa orchestra mhen playing for a dance sponsored by a promoter paying n promoterts license to the city. Hr. George E. O*Haru, representing the Roanoke Junior Chamber of Commerce. ~ppeared before Council and requested that the Harmer Theatre be exempted from the payment of license taxes. Mr. MJlliam B. Hopkins, Attorney, representing the American Legion, appeared )elate Council and stated that the American Legion, as a promoter, mould have to )ay all licenses charged against out-of-mama orchestras playing ut events mblch ~he American Legion sponsors. Mr. John M. Hoore, Assistant Manager of Hotel Hoano~e, appeared before :onncll nod stated that conventions being held in the city would have to pay the [lcense for orchestras they hire to play at their dances and dinners. Mrs. James C. Houston, President of the Thursday Homing Husic Club, ippeared before Council and stated that under Section 90 of the License Tax Code club would be reqnired to pay the license tax assessed against orchestras bands the club sponsors in the city since they are hired on a contractual 3asiso Mr. lebber stated that it mas the intent of Council to levy taxes on ~ntertainers rather than on the people sponsoring entertainments and that apparently Lhe taxes levied by the city under Section 90 of the License Tax Code against ientertainers are being passed on to the sponsors. Hr. Hobber moving that the bar alerted back to the committee for further study and consideration. with Section 40 of the License Tax Code, dealing with promoters, with a view of eliminating the tax on nonprofit, cultural and religious organizations, Jthe committee to submit its report and recommendatloa at the next regular meeting ~f Council. The motion mas seconded by Mr. Hanes and adopted. UNFINISHED BUSINESS: NO~E. CONSIDERATION OF CLAIRS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Council at its meeting of January 23, 1956, having received a report of its committee, recommending that the request of the Riley q. Jackson Company that it be permitted to dispose of excess excavation from the 5ears Roebuck and Company site on Lukens Street, N. E., a~d Carver Avenue, N. M.. be granted, and that the city establish a new grade along Lukens Street, relocate s water main. raise manholes in sanitary sewers and construct a storm drain In connection therewith at a cost estimated at $6,000.O0, Mr. Davies offered the following emergency Ordinance: (z12646) AN ORDINANCE authorizing certain public improvements in Carver tvenue and Sycamore Avenue. H. E., related to the establishment of grades for Lnkeus Street, N. E., and Caryer Avenue; appropriating the sum of $3,000.00 for certain of the same; and providing for an emergency. (For full text of Ordlaaece, see Ordinance Book No. 21, Page 255.) Mr. Davies moved the adoption of the Ordinance. The motion mas secoaded by Mr. Hanes amd adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, nad the President, Mr. Moody .................... HAYS: Nose .......................... O. Mr. Young then offered the following emergency Ordinance, permitting the Nlley H. Jackson Company to dispose of excess excavation from the Sears Roebuck and Company site on Lnkens Street, N. E** and Carver Avenue, N, (u12647) AN ORDINANCE providing for the improvement of certain portions of Lukens Street, H. E** and Carver Avenue; and providing for ae emergency. (For full text of Ordiuauce, see Ordinance Boob NO. 21, Page 256.) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Davies and adopted by the following vote: AYES: Conncil members Davies, Hanes, Pickett, Naldrop, Webber, Young, and the President, Mr. NoDdy ...................... ?. NAYS: None ............................ O. SEgAGE DISPOSAL: Cooncil at its meeting of January 23, 19S6, having iconcurred in the report of its Sewer Committee, making certain recommendations 'mith regard to sewer service and connections to property outside of the city, and having directed the City Attorney to prepare a proper Ordinance carrying out like recommendations of the committee, an Ordinance amending Chapter 2D, Public Semers, of the Code of the City of Roanoke, mas presented. Zhe City Manager stated that as the Ordinance is written'he does not belteee that it provides for the collection of fees and charges for such sewers from the date of the sewer connection. Mr. Young moved to refer the matter to the City Manager and the City Attorne with instructions that they rewrite the Ordinance to provide for the collection of fees and charges from the date that sewer connections were made. The motion seconded by Mr. Hanes and adopted. SE#AGE DISPOSAL: Council having directed the preparation of a Resolution proposing,that the County of Roanoke enact a law to prohibit unauthorized use of city sewer lines in the county, Mr. Naldrop offered the following Resolution: (#12646) A RESOLUTION proposing to the Board of Supervisors df Roannhe County the euactment of an Ordinance to prohibit the unauthorized use or interfereac, with certain sewer lines, water lines and drains; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 21, Page 257.) Mr. Waldrop moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies. Hanes. Pickett. #aldrop. Mebber. Young, and the President, Mr. Moody ....... ~-~ .......... NAYS: None ....... ~ .................. SENATE DISPOSAL: Council at its meeting of January 23, 1996, having directed the preparation of a Resolution, carrying out the recommendations of its Semer Committee concerning the installation of flow meters us provided under the contract for the treatment of sewage between the County or Roanoke old the City of Roanoke; and establishing certain charges, Hr. Raldrop offered the following Resolution: (z12649) A RESOLUTION relating to the City*s existing contract:with Roanoke County for the treatment of certain sewage originating in said County; establlsbfng a tine for the County's installation of sewage flow-meters as provided for in said contract; establishing the sewage treatment charge to be applied during the interim preceding the installation of said flow-meters; and providing for an emergency. (For full text of Resolution, see Ordinance Rook ~o. 21, Page 250.) Hr. Waldrop moved the adoption of the Resolution. The motion was seconded by Rt. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett. Waldrop.'¥ebber. Young, and the President, Mr. Woody .................... 7. NAYS: None .......................... O. LEGISLATION: Council having heretofore appointed a Legislative Committee consisting of Ressrs. Roy L. Webber. Chairman, Ralter L. Young, Arthur S. Owens. J. N. Kincanon and J. Robert Thomas for the purpose of reconmendin9 legislation to be proposed to the General Assembly of Virginia. the committee submitted a Resolution. proposing certain legislative changes, which it recommended be adopted. Mr. Webber moved to concur in the recommendation of the committee and offered the following Resolution: (m126SO) A RESOLUTION proposing certain legislation to be enacted by the 1956 General Assembly of Virginia; urging the members of the General Assembly of Virginia. from the City of Roanoke, to sponsor and support said proposed legislation; and providing for an emergency. (For Emil text of Resolution, see Ordinance Book No. 21. Page 259.) Rr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Councll members Davies, Pickett, Waldrop. #ebber, Young, and the President. Ur. ~oody ...................... ~. NAYS: Mr. Hanes ................... 1. #AGES-CITY ERPLOYEES: Council at Its meeting of January 16. 19S6. having directed the preparation of an Ordinance, concurring in and carrying out the report of its Job Classification Committee, Rt. Waldrop offered the following emergency Ordinance: (~126S1) AN ORDINANCE providing for a Job classification and pay rate servel providing for the appointment of a committee to assist in said survey; providing fo] the payment thereof; and providing for an emergency. I¥oF fall text of Ordinance, see Ordinance Hook No. 21, Page 260.) Mr. Wnldrop moved the adoption or the Ordlnonce. The motion mas seconded by Mr. Young and adopted by the rollowieg vote: AYES: Council members Davies, Hanes, Pickett, Wnldrop, Webber, Young, and the President, Mr. Woody ................. NAYS: Nooe ....................... O. MOTIONS AND MISCELLANEOUS BUSINESS: HEALTH DEPARTMENT: The Mayor stated that the terms of Mr. G. Frank Clement, Mr. Thomas P. Parsley and DF. Grady P. Gregory as members of the Housing and Hygiene Hoard mill expire Jaouary 31, 1956. and called for nominations to fill the vacancies. MPg Davies placed in nomination the names of 6. Frank Clement, Thomas P. Parsley and Grady P. Gregory as members of the Honsing and Hygiene Hoard for terms of two years each beginning February 1, 1956. There being no further nominations. Mr. Hanes moved that the nominations be closed. The motion mas seconded by Mr. Young and adopted. Mr. G. Frank Clement, Mr. Thomas Po Parsley and Dr. Grady P. Gregory were reelected as members of the Housing and Hygiene Board for terms of two years each beginning February 1. 1956. by the folloming vote: AYES: Council members Davies. Hanes. Pickett, Waldrop, Webber. Young, and the President, Mr. Moody ................ 7. NAYS: None ...................... O. ALCOHOLIC BEVERAGE CONTROL-AIRPORT: Mayor Woody presented a communication mhich he has reheived from Mrs. W. G. Nelson. Jr.. objecting to the sale of alcoholic beverages in the restaurant at the Roanoke Municipal Airport. Mr. Waldrop moved to take the matter under consideration. The motion was Seconded by Hr. Young and adopted. SALE OF PROPERTY-HOUSING: The City Manager advised that he has received an offer from the City of Roanoke Redevelopment and Housing Authority to purchase from the City of Roanoke two properties being Official Nos. 2020430 and 3020501 for $500.00 and $7,500.00, respectively, and asked if Council wishes him to employ appraisers for the purpose of establishing values on the property. Mr. Young moved to direct Conocil*s Real Estate Committee consisting of Messrs. Arthnr S. Owens, Chairman, Randolph G. Whittle and Harry R. Yates to appraise the property and snbmit Its report thereon. The notion mas seconded by Mr. Webber and adopted. GRADE.CROSSINGS: Mr. Young stated that the closing of the Jefferson Street Grade Crossing over the Norfolk and Western Railmay Company tracks might create a traffic condition, although the Second Street leg of the bridge is open, along with the Salem Avenue connection, mhicb would Justify temporary use of the Jefferson Street leg of the new viaduct, Mr. Young pointing out that such temporory use would necessitate placing crushed stone thereon at an approximate cost of $550.00. mhich monld be a part of the project cost althoug~ an extra to .'116 thc contract, and gored that should traffic conditions warrant, the City Manager be authorized to take aecessar! steps rot the tenporary use or the Jefferson Street leg of the viaduct at ns additional project cost of approximatelf $850.00. The notion was seconded bi Mr. laldrop nad adopted. There being no further business, Council adjourned. APPROVED President COUNCIL, REGULAR MEETING, Monday, February 6, 195&. The Comncll Of the City of Roanoke met il regular meetieg in the ConncJl Chamber in the Municipal Huildlng. Monday, February 6, 1956, at 2:00 o'clock, p. m., the regular meeting bout, with the President. Mr. Woody, presiding. PRESENT: Council members Davies. Hanes, Pickett. Waldrop, Webber, Young, and the President, Mr. Woody .................. 7. ABSENT: None .......................... O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. James N. Kincanon, Assistant City Attorney, Mr. Barry R. Yntes, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend C. T. Topping. Pastor of the Thrasher Memorial Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, January 23, 1956, baying been furnished each member of Council, upon motion of Mr. Davies, seconded by Mr. Hanes and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CXTIZ~NS-UPON PUBLIC MATTERS: SIDENALK, CURB AND GUTTER: Pursuant to an invitation for bids published by the City Purchasing Agent covering the construction of concrete sidewalk, curb and gutter at various locations in the City of Roanoke for 1956, one bid was received from Pioneer Construction Company. Incorporated, in the total sum of $86,900.00. Mr. Waldrop moved to refer the bid to Messrs. John L. Wentworth and H. Cletus Broyles for determination of its accuracyand compliance with specifications and to submit their report thereon. The motion was seconded by Mr. lianas amd adopted. ZONING: A public hearing having been set for 2:00 o'clock, p. m., February 6, 1956, on the request of Woods, Rogers, Muse and Walker. Attorneys for Mary MooreFoy, et al, that their property located on the northside of Patterson Avenne~ S..W., between Twentieth Street and'Twenty-first Street, be'rezoned from General. Residence District to Light Industrial District, and notice of the hearing having been published in The Bnanoke-Morld-Ne~z on January 20, 1956, the hearing was held. Mr.-Sidney F~ParhamG,Jr., Attorney.*appeared before-Council for the petitoners and presented evidence to'the body that.the area surrounding the property in question Is largely industrial and Business and that some of the residences in the area have been constructed on property zoned for industry. Mr. Parham advising that~the Cbesapeakeand.Potomac Telephone Companywishes to erect a garage and service center-on.theproperty to servi~e the,area of the 'city south of the Norfolk and Western Railway Company tracks and that the only alternate spot the company has been able to locate which would be suitable for .'118 Its purposes is on D,.S, Route Ho. Il, outside of the city, mild locution being os the extreme-western end or the area to be serviced, sad, couseqeeutly, Rot us suitable ss the Patterson Avenue property, Mr. C. H. Baldock, District Plant Homager of the Chesapeake and Potomac Telephone Company, appeared before Council end udrised that the company needs to expand its service facilities to provide better service for the citizens of the city, that it proposes to erect om the Patterson Avenue property a combinutJoo office-storage-garage bmildiug mbicb would be a credit to amy neighborhood, that tho building will be brickfaced on the Patterson Avenue side and the Twentieth Street side and constructed in such a manner that it mill mask the ootsJde storage area on the rear side of the property, Mr. Baldock stating further that subsequent to their presentation before the City Planning Commission thc company engineers redesigned the building to provide driveway entrances and exits to the property on Twentieth Street and Twenty-first Street. rather than on Patterson Avenue. In order not to increase the traffic problem on Patterson Avenue. and. further, provided for a ,mo-story section facing on Patterson Avenue which the company feels will lend a nester appearance, Mr. Baldoch advising further that if the city consents the company will plant ornamental shrubs along the grass plot on Patterson Avenue. in front of the property, to soften the commercial effect of the buildiog. Rt. M. A. Dyer, 1925 Patterson Avenue, S. M., appeared before ConncJl and stated that he and the other residents of the neighborhood originally opposed the rescuing, but that ia vier of the changed plans for the building to be erected, the residents are no longer opposed to tbs rexoning. Mr. Waldrop moved that Council concur in the request of the petitioners and that the following Ordinance be placed upon its first reading: (:12652) AN ORDINANCE to amend'and reenact Article I. Section 1, of Chapter 51, of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, applicatioabas been made to the Council of the City of Roanohe to have a parcel of land fronting on the north side of Patterson Avenue, S. W., for a distance of 400 feet. lying between 20th and 21st Streets, S. W.. running back from Patterson a distance of ISO feet to an alley, and designated on the Official Tax Appraisal Rap of the City of Roanohe as all Of Lots Numbers 1312709 through 1312716, inclusive, rezoned from General Residence District to Light Industrial District, and WHEREAS, tho application mas referred to the City Planning Commission, which Commission, after due consideration, recommended against the requested rezoning, and WHEREAS, notice req=lred bf Article II. Section 43. of Chapter 51. of the Code of the City of Roanohe, Virginia, relating to Zoning, has been published In 'The Roanohe World-News*. a newspaper published in the City of Roanoke for the time required by said section, and WHEREAS. the hearing as provided by said notice published wes held Da the 6th day of February. 1956, ut 2:00 o'clock, p. m.. before the Council of the City or Rounohe ia the Council Chambers of the Municipal Building, at which hearing property ambers end other interested parties ia the affected area mere given au opportunity to be heard both for amd against the proposed rezouing, and WHEREAS, this Council, after considering the evidence presented, does not concur in the recommendation of the City Planning Commission and is of the opinion that the requested rezouleg should be done in order to conform with the general purposes and intent of the City's zoning regulations. THEREFORE, HE IT ORDAINED by the Council of the City of Roanoke that Article I, Section I of Chapter SI, of the Code of the City of Roanoke, Virginia, relating to zoning be amended and re-enacted in the following particular and no other, viz: A parcel of land fronting on the north side of Patterson Avenue, S. ,for a distance of 400 feet between 20th and 21st Streets, S. M., and extending back to an alley to a distance of 150 feet designated on the Official Tax Appraisal Map of the City of Roanoke. Virginia as Lots Numbers.'la1270g through 1312715, inclusive, be, and is hereby changed from General Residence District to Light Industrial District and the zoning map shall be changed In thin respect. Mr. Maldrop moved.the adoption of the Ordinance. The motion mas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Waldrop, Webber, Young, and the President, gr. Woody ................... NAYS: Mrs. Plchett ............. 1. PETITIONS AND COMRDNICATIONS: STREET LIGHTS: The City Clerk presented a communication from the Appalachian Electric Power Company, reporting the installation of twenty 5000 lumen street lights, the replacement of seven 2500 lumen street lights with 6000 lumen units and the discontinuance of tmo 2500 lumen street lights in the City of Roanoke during the month of January, lgSS. . - . The communication was ordered filed ...... . LEGISLATION: The City Clerk presented a communication from ~the ilouorable Earl'A.-Fitzpatrick, State Senator from the City of Roanoke,.aehoomledgingreceipt of Resolution Ho. 12550, adopted on January 30, 1955, and assuring his considera- tion of the proposals contained therein, ~ - Mr. Young moved to file the communication. The motion mas seconded by Mr. Davies and adopted. LEGISLATION: The.City Clerk presented a commnnfcation from the Honorable Kossen Gregory, member of the House of Delegates from the City of Roanoke, achnowledging~recelpt of Resolution No. 12550, adopted on January 30,1955, and assuring his conscientious consideration of the proposals contained therein. gr. Davies moved to file the communication. The motion was seconded by Mr. Young and adopted. -120 LEGISLATIOH-LICENSE TAX CODE: The'City Clerk presented n communication from the Roanoke Advertising Clnb, voicing its opposition to n proposal contained in Resolution No. 12650, adop~ed on January 30, 1956, proposing un ameadmeot to the Code of Virginia to authorize a locallicense tax, based upon gross receipts, tram advertising, os newspapers, radio and television brosdcnstlng stations or services. Mr. Hanes moved to file the communication. The motion was seconded by Davies nod adopted. PLANNING COMHISSIONS: The City Clerk presented a communication from the Town of Salem, advising of its approval of the proposed Roanoke Valley Regional Planning and Economic Development Commission and the appropriation of its proportionate share of the fnnds covering the cost thereof. Hr. Raldrop moved to file the communication. The motion was seconded by Hr. Hanes and adopted. SCHOOLS: Council at Its meeting of July 18, 1955. bariog referred to the Roanoke City School Hoard for its consideration a newspaper article from the Norfolk Virginian Pilot of July 5, 1955, with the request that the Roanoke City School Hoard advise Coancil why the City of Norfolk apparently receives a greater allotment of funds from the Commonwealth per pupil and percentage wise than does the City of Roanoke, as indicated in said newspaper article, the City Clerk presented a communication from the School Hoard, advising that the percentage of city funds for operation of Norfolk schools is less than that of Roanoke because Norfolk is a federal employee impacted area and receives federal aid for the operation of its schools, which supplements its state aid, whereas Roanoke does not, further, that the City of Norfolk and other municipalities in the state receive the same support from the Commonwealth per pupil as does the City of Roanoke. Mr, Young moved to file the communication. The motion was seconded by Mr. Darien and adopted. SCHOOLS: The City Clerk presented a communication from the Roanoke City School Hoard, advising that it has made a study of the costs of administration of school divisions in the Commonwealth which study showed such administrative costs varying from 1.3~ to 5.2~ of school costs and that Roanoke*s administrative cost as contained in the 1956 budget is 1.g3% of the School Budget. Mrs. Pickett moved to file the communication. The motion was seconded by Mr. ~aldrop and adopted. REPORTS OF OFFXCERS: STREET LIGHTS: The City Manager requested authority to install twenty 21000 lumen underground mercury vapor street lights in the vicinity of the Jefferso Street Grade Crossing Elimination Viaduct, the City Manager stating that these are a part of the lights provided-for under the project plans. Mr. Hanes moved to concur in the request of the City Manager and offered the following Resolution: ,¢u12653) A RESOLUTION authorizing the imstmilatlom of twenty 21000 lumen underground mercury vapor street lights in the vicinity of the Jefferson Street Grade Crossing ElJwloatioe Viaduct. (For full text of Resolution, see Ordinance Hook No. 21, Page 265,) Mr. Hanes moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Coeucll members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President. Mr, Woody ............... NAYS: None ..................... O. FIM£ DEPARTNENT~ The City Manager reported the employment of Valrle Nayne Hudson ia the. Fire Deporlm~nt. effective February 1, lUSh. The ~eport was ordered ~lled. . REPORTS: The City Manager reported various departmental reports on file in his office. The report was ordered filed. REPORTS OF COMMITTEES: LICENSE TAX CODE: Council atits meeting of January 30. 1956. having directed Its committee composed of Messrs. Harry R. Yates. Chairman. J. Hobart Thomas and James N. Kincanon to further study the question of amending Section gO of the License Tax Code, licensing musicians and entertainers, with a view of eliminating a tax on orchestras playing for nonprofit and civic organizations and further, to study Section 40 of the License Tax Code, dealing with promoters, with a view of eliminating the license tax on nonprofit, cultural and religious organizations, and to submit its report thereon, the committee presented its report, stating that it finds itself unable to recommend aclassification for musicians and entertainers whichwould permit exemption from license taxes while playing for certain types of groups and recommending that Section 40 of the License Tax Code be amended to provide for the.exemption from a license tax of nonprofit and cultural orgaaizatiouso in addition to the religions and charitable organization exemption presentlycontained in the License Tax Code. Mrs. Janes C. Houston, President of the Thursday Morning Music Club, appeared before Council and stated that Section 90 of the.License Tax Code would place a burden upon her organization in that the Thursday Morning Music Club would have to pay license taxes imposed on orchestras, etc.. with which it contracts since the license tax under the contracts would have to be paid by the promoting o~ganization, Mrs. Itouston requesting that the tax berepealed. Mrs. Pickett stated that it was neverthe Intent of Cooncil to adopt a tax which would work against civic organizations and offered the following emergency Ordinance: : (z12654) AN ORDINANCE repealing Sec. 90. Musicians: Entertainers, of The License Tax Code of the City of Roanoke, 1956, O~dinanceNo. 12573, relating to a license tax on persons engaged in the business of furnishing manic or entertain- men~ to others; and providing.for an emergency. . . (For full text of Ordinance, see Ordinance Book Ho. RI, Page Hrs. Piekett moved the adoption of the Ordinance. The motion mas seconded by Mr. Davies and adopted by the foiloming vote: AYES: Council members Davies, Hanes, Pickett, Haldrop, Webber, Young, and the President, Hr. Woody ................~ ..... NAYS: Nooe ............................ O, Hr. Davies then moved to concur in the recommendation of the committee and offered the following emergency Ordinance: (n12655) AN ORDINANCE amending and reordaining subsection (cJ or Sec, Amusements - #ovinq Pictures, Shows. Theatricalst Exh~bltion~t etna, of The License Tax Code of the City of Hosnohe. 1956, Ordinance No. !2573, relating to a license tax on certain persons promoting any theatrical performance or any performance similar thereto, panorama, vaudeville, public dance, or any public performance or exhibition of any kind. except moving pictures, exhibitions, or performances otherwise taxed under said Ordinance; and providing for an emergency. (For full text of Ordinance, see Ordinance Dook Ho. 21, Page Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Hr. Danes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, #ebber, Young, and the President, Hr. Woody .................. NAYS: None ........................ O. UNFINISHED HUSINESS: ZONING: Council at its meeting of January q, 1956, having referred to the City Planning Commission for study and recommendation a petition from Mr. R. Quick and a communication from the Times-Horld Corporation, requesting that certain properties located betmeen Brandon Avenue and Colonial Avenue, S. be rezoned from General Residence District to Husiness District, the City Planning Commission submitted its report, stating that in its opinion development of the property in accordance with the preliminary plan presented will not adversely affect the values of the residences in the immediate vicinity, but that the Commission is concerned with the effect that increased traffic mill have on Braadon Avenue, which already carries a heayy volume of traffic, if the proposed shopping center is developed, the Commission advisiog that the petitioners will dedicate portions of their property necessary for the widening of Hrandon Avenue as shown on Study Ho. 2, presented with the report, and, therefore, recommended that Council grant the request of the petitioners. Mr. Webber moved to set a.pnblic hearing for 2:00 o'clock, p. m., March 1956, in.the Council Chamber, on the request for rezoning. The motion mas seconded by Ur. Maldrop and adopted, ZONING: Council at its meeting of January 16, 1956. having referred to the City Planning Commission for study and recommendation a request from W. Clayton Lemon and Rose M. Rice that their properties being Blocks 1-5, Inclusive, Union Stock Yard Map, be rezoned from General Residence District to Heavy Industrial District, the City Planning Commission submitted its report, stating that in its opinion the location or the property makes it suitable for the proposed industrial uses and that the petitioners have changed their, request concerning and 3. for rezoning to a'Light Industrial Dlatrict rather than · Heavy Industrial District, the City Planning Commission recommending that Council grant the amended reqaest or the petitioners. . Hr..~aldrop moved to set a publ.ic hearing for 2:00 o'clock, '1q$6. In the~Council Chamber, on the amended request tar rezoning. The motion was seconded by Mr. Young and. adopted. STREETS AHO ALLEYS: Council at its meeting of January 16, 1956. having referred to the. City Planning Commission for study and recommendation a reqoest of M. Clayton Lemon. W. B. Draper and Rose M. Rice that Patrick Henry Avenne. R. E.. throughout its length over the land embraced within the Rap of Union Stock Yard Corporation. nad Lone Oak Avenue, N. E.. east of Larchwood Street, be v~cated, discontinued and closed, that Patrick Henry Avenue be relocated and widened to eighty feet. and that Larchwood Street. Thurston Avenue and Indiana Avenue be widened, the necessary land for widening and relocation to be donated by the petitioners, the City Planning Commission submitted its report, stating 'that in its opinion the requested relocation, widening and abandonment of streets will be necessary for the proper development of the area, and recommended that the request of the petitioners be granted and that the offer of the petitioners to dedicate lands for street purposes be accepted, .. Mr. Waldrop moved to set a public hearing on the question for 2:00 o'clock. p. m., March 5, 19S6, Jn the CouncilChamber. The motion was seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12641,:rezoningproperty bounded on the north by Noble Avenae,~N. E.; on the-south by Sycamore Avenue, N. E., on the west by Lnkens Street, N. E.o and on the east by Rilkins Street, R. E., belagSections B. G and L of.the Mop of WJlliamson_Groves. from General Residence District to Business District, having previously been before Council for its:first reading, read'and laid afar, was again before thelhody~Mr.-.Hanes offering the.following for its second reading and final adoption: ' (#12641) A~ ORDINANC£ to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia. in relation to Zoning. (For full'textual Ordlnance,:see Ordinance Book No. 21, Page 262.) Mr. Hanes moved theadoptionlofthe*Ordinance. :The motion Was.seconded by Mr. Davies and adopted by the following:vote:. AYES: Council members Davies, Hanes, Pickett, Waldrop. Robber. Young, and the President. Mr. Woody ................ 7. NAYS: None ...................... O. .... ,~:. · ZONING: Ordinance No. 12642. rezoning property located On the east side of U. S. Route. No. 11, near the ~northerly corporate limits of the city, designated .~.;L24 Official No~ 2200201~ from Geeerul Residence District to Business District, having previously been before Council for its first reading, read mud laid over, again before the bodyo Mr, Davies offering the folloulug for its second reading and final adoption: (u12642) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter BI, of the Code of the City or Roanoke, Virginia, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 21, Page 263.) Mr. Davies moved the adoption of the Ordioonce. Yhe motion was seconded by Mr. Hanes and adopted by the fullomlng vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .................. 7. NAYS: None ........................ O. ZONING: Ordinance No. 12643, rezoning property at Brandon Avenue and Edge- wood Street, S. W.. designated as Official No. 1610207, fram General Residence District to Business Oistrict, for a depth of three hundred feet. having previously been before Council for its first reading, read and laid over, was again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (n12643) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. (For full text of Ordinance, see Ordieauce Door No. 21, Page 264.) Mrs. Pickett moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Waldrop and adopted by the folloming vote: AYES: Council members Davies, Banes, Pickett, Waldrop, Webber, Young, and the President, Rro Woody ................. ?o NAYS: None ....................... O. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of January SO, 1956, having directed the preparation of the necessary Ordinance, providing ifor the acquisition of certain laud at Draudon Avenue and Edgenood Street, S. from Fuel 011 and Equipment Company, Incorporated, Mr. Young offered the following emergency Ordinance: (~12656) AN OROXNANC£ authorizing and directing the acquisition o£ certain land on the northwest side of Edgewood Street, S. W., north of Brandon Avenne, 5. W., for public purposes; providing for the payment of the purchase price therefor and providing for an emergency. (For full text of Ordinance, see Ordinance Boor Ho. 21. Page Hr. Young movedthe adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the follouingvote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young,and the President, Hr. Woody ............. NAYS: None ................... O. SEWAGE DISPOSAL: Council at its meeting of January 30, 1956, having directed the preparation of au Ordinance to amend Chapter nH, Public Sewers, of the Code of the City of Roanoke. Mr. Hanes offered the following emergency Ordinance: ;125 (z12657) AN ORDINANCE amending Chapter 20, Public Sewers, of the Code of the City of Roanoke by the addition of a new sectioe authorizing certain connections to the Cityes public sewer line to serve properties located outside said City; establishing certain connection nad service charges; providing for a form of contract for such connections and sewer services; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 268.) Mr. Banes moved the adoption of the Ordinance. The motion wan seconded by Hr. Maldrop end adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Mebber, Young, and the President, Mr. Woody .................... 7. NAYS: None .......................... O. MOTIONS AND MISCELLANEOUS BUSINESS: GARBAGE REMOVAL: Mr. Jack ~. Coulter, Attorney for the Shackelford-Cox Truck end Machinery Company, and Mr. Norman R. Moore, Attorney for Hawkins and Cox, Incorporated, appeared before Council and objected to the establishment of a city dump for garbage and trash in the northeast section of Roanoke on land recently acquired by the city. A petition signed by eighty-eight residents of the area was presented by Hr. M. R. Campbell, also in opposition to the establishment of said dump. Also appearing in opposition, were Mr. E. L. Riles. Jr., Mr. Jesse M. Adams, Mr. Ralph L. Payne and Mrs. R. A. Cllngenpeel, along with thirty-eight citizens of the area. Mr. Hanes moved to refer the matter to the City Manager for his attention. The motion mas seconded by Dr. Naldrop and adopted. In this connection. Mr. James P. Hart, Jr.. Attorney. appeared before Council and advised that the city has secured options for the purchase of certain property in the northeast section of Roanoke from R. T. Swicegood and that he wishes to serve notice that the property is owned by the C. E. Begley Heirs, Mr. Hart stating that as head of the Legal Aid Committee of the Roanoke Bar Association the matter has been referred to him for assignment of an Attorney to protect the Begley Heirs' interests. Mr. Hart was informe'd by the Mayor that notice of any such action should be in writing and served in accordance with law. DO~DS-LEOISLATION: Mayor Woody stated that Senator Brfcker has introduced into the United States Congress Senate Bill S-2290, which will broaden the underwriting powers of national banks to permit the underwriting of municipal revenue bonds not secured by the full faith and credit of the municipality, and that he feels Council should endorse this bill since it might be of benefit to the cities in future bond issues. Mr. Hanes moved to instruct the City Attorney to prepare a Resolution. endorsing Senate Bill S-2290. The motion was seconded by Mr. 'Waldrop and adopted. There being no further business, Council adjourned. APPROVED .1.26 COUNCIL, REGULAR MEETING, Rouday, February 13, 1956. The Council or the City of Roanoke wet la regular meeting in the Council Chamber la the Nualcipal Hulldiug. Monday, February 13, 1956, at 2:00 u'clock, p. m., the regular meeting hour, with the President, Mr. Moody. presiding, PRESENT: Council members Davies, Hanes. Pickett, #aldrop, Webber, Young. and the President, Hr. Moody ................... ABSENT: None ........................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Rhittle City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend F. H. Van Dyck, Jr., Pastor of West End Methodist Church. The Mayor welcomed students of Lucy Addison High School who were present Jn connectiun with Student Government Day. MINUTES: Copy of the minutes of the regular meeting held on Monday, January 30, 1956, having been furnished each member of C0uncil% upon motion of Mr. Davies, seconded by Mr. Hanes and adopted, the reading was dispensed with and the minutes approved as recorded. IIEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS ANO COMMUNICATIONS: LEGISLATION-SCHOOLS: The City Clerk presented a communication from the Honorable Earl A. Fitzpatrick. State Senator from Roanoke. advising=that he bas considered the request contained in Resolution No. 12650, proposing certain state legislation, and that in connection with Section D of said Resolution, proposing that the state law be amended in order to permit reimbursement to the city under the School Pupil Transportation Program without the necessity of the city cumplying with regulations of the State Board of EdncatAon concerning transportatio~ equipment, he has consulted with the State Supervisor of Pupil Transportation, Mr. Fitzpatrick suggesting that a conference be arranged between said Supervisor and Council, or the Roanoke City School Hoard, in an attempt to arrive at an effective way of handling the matter since the Senator does not believe that anything can be accomplished until some solution to the problem can be worked out between the city and the State Hoard of Education. Hr.~ebher stated that Councilts Legislative Committee, ~n recommending the adoption of Resolution No. 12650, was thoroughly aware of the regulations of the State Board of Education and of the efforts on the part of the Roanoke City School Hoard to persuade the State-Hoard of Education to amend its rules and regulations to permit cities who contract with local bus firms for transportatiou of its school children to participate in the state reimbursements for pupil transportation, Mr. Mebber stating further that the intent of the committee and the Resolution adopted by Council in consequence of the recommendation of the committee was to request legislative action which mould permit a partial reimbursement of the city*s pupil transportation costs since the funds used for that purpose by the state are collected generally throughout the state ia the form of taxes ned Roanoke cltizees are deriving ·o benefit therefrom. la reply to · question from Hr. Mebber, Mr. J. P. Cruickshank, Chairma· of the Roanoke City School Board, mbo nas prese·t at the meeting, stated that the School Board has attempted over the past sene· or eight years to obtain reimbursement under the sma*eCs program of subsidizing local pupil transportation, but due to the regulations of the State Board of Education mhich require special buses mith special doors, lights and other features, It mould be economically unsound for the city to enter into the program as outlined by the State Board of Education, Mr. Cruickshank stating that in his opinion o·ly legislative action !such as proposed by Con·ell mould accomplish state subsidization of the city's pupil transportation costs. Mr. Rubber then moved to instruct the City Attorney to contact Roanoke*s numbers in the General Assembly and to explain Council's intentions to them, requesting their support of the desired legislation. The motion'mas seconded by Mr. Maldrop and adopted. ZONING-GARBAGE REROYAL: The City Clerk presented · communication from the Rildwood Civic League, protesting the establishment of z city dump on Tinker Creek north of Orange Aveoue and requesting an opportunity to-be heard at a public hearing if and when the property is rezoned from a residential district for the purpose of establishing said dump. Mr. Maldrop moved to file the communication. The motion mas seconded by Mr. Davies and adopted. CITY PLANNING COMMISSION: The City Clerk presented a communication from the City Planning Commission, transmitting the Annual Report of the Commission for the year 1955. Mrs. Pickett moved to file the communication. The motion mas seconded by Mr. Maldrop and adopted. SIGNS: The City Clerk presented a communication from the City Planning Commission, zdyising that J. S. and 5. A. Barbour, Agents for the Barbour Heirs, owners of thcSavoy Hotel Building located at 416 Second Street, S. M., have filed application for permission to replace u marquee on the said building which has beenremoved for .repairs, the Commission recommending that Council approve the request and authorize the Building Inspector to issue a permit as requested. Mr. Young moved to direct the City Attorney to prepare the necessary Resolution, granting authority-to the petitloners~to re-install the marquee as requested. The motion mas seconded by Mrs. Pickett and'udoptedby the folloming vote: · ~ * AYES: Council members Davies, Hanes, Pickett, Webber, Young, and the President, Mr. Moody ................... NAYS: Mr. Maldrop-~ ............ 1. REPORTS OF OFFICERS: BUDGET-FIRE DEPARTMENT: Yhe city Manager reported that No. 4 Pumping Engine of the Fire Department mas recently damaged in a collision with a Safety Rotor :~'t27 Transit bas at Jefferson Street and Hlghleld Avenue, S. M** end requested an appropriation of $S,00~.00 to cover cost or repairs to the pumper, the City Manager stating that it is intended to ship the pumper to the factory of the manufacturer for repairs, #r. Young moved to instruct the City Manager to investigate the question of securing necessary repair parts and having the pumper repaired locally and to Lubmlt his report thereon at the next regular meeting or Council. The motion was seconded by Mr. Webber and adopted. BUDGET-FIRE DEPARTMENT: The City Manager reported that the Fire Department has forty-five deficiency points under the rating of the National Board or Fire Underwriters, uhich points can be reduced by fifty per cent If one of the mechanics in the Fire Department is redesignated as 'Drill MasterU, and that such redeslgnation will not reduce the efficiency of the Fire Uepartment or relieve the person so designated of performing mechanical duties, therefore, the City Manager recommended such action. Mr. Webber moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (s12658) AN ORDINANCE to amend and reordain Section ~62, #Fire Department", of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 270.) Rt. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .................... 7. NAYS: None .......................... O. ZONING-SETBACK LINES-STREETS AND ALLEYS: The City Manager reported that he has made a study of traffic conditions at the intersection of Fifth Street and Church Avenue, S. W.. in connection with the construction of a new building by the Y.M.C.A. on the northeast corner, and presented e plan for the widening of Church Avenue end Fifth Street. S. M.. along the property of the Y.M.C.A., at an estimated cost of $12,547.75. which he stated he does not believe should be accomplished at the present time under the city's financial position, but recommended that a setback line be established on Fifth Street. S. W., between the Horfolh and Mestern Railroad end ~ashlngton Avenue. Mr. Banes moved to refer the question of establishing a setback line on Fifth Street. between Orange Avenue, N. M., and Washington Avenue, S. W., to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Maldrop and adopted. ARMORY: The City Manager reported that daring the construction of the new National Guard Armory at Maher Field it became necessary to expend $95.00 for raising the grade of the lot in front of the Armory in order to provide proper water flow on the lot. which he accomplished under what he believed was authority contained in Resolution No. 12320, adopted by Council on January 31, 1955, but ,! that the City Auditor has refused to pay the charge as belzg unauthorized, the City lauager requesting that Council authorize payment of the charge of $95.00 for the work accomplished. Hr. Waldrop moved that the bill be transmitted to the City Auditor for payment under authority contained in Resolution No. 12320. The motion nas seconded by Hr. Young end adopted. REPORTS OF CO#RITT££S: £AS£R£BTS-SE#AG£ DISPOSAL: Council at its meeting of January 3. 1956, huvJzg referred to a committee consisting of #essrs. Roy L. Webber, Chairman. Walter L. Young, Arthur S. Owens and Randolph G. Whittle a request from the Roanoke County Doard of Supervisors that the city grant easements across city-owned Water iDepartment property located on Tinker Creek. adjacent to end west of the land or Rockydale Quarries Corporation and Section A of the Franklin Court Rap, for the construction nnd maintenance of a IS-inch sewer line and related structures. the committee submitted fas report, stating that the request has been studied in the light of the fact that the Nanaget of the city's Water Department has stated ia mriting that the granting of an easement mill not interfere mith the city*s use of its land for the purposes of that department, and presented an Ordinance which it had prepared, granting the request of the Roanoke County Ooard of Supervisors, with the recommendation that the Ordinance be adopted. Rt. Hanes mov'~ed that Council concur in the report of the committee and that the following Ordinance be placed upon its first reading: (n1265gl AN ORDINANCE providing for the conveyance to Roanoke County Sanitation Authority of a perpetual easement for a sewer line and related structures across certain portions of City-owned Water Department property located Tinker Creek on certain terms and condltious.~ RH£REAS, by Resolution of the Board of Supervisors of Roanoke County adopted on January.3, 1956, said Board of Supervisors has requested, inter alia, that the City convey to Roanoke County Sanitation Authority the perpetual easement hereinafter described; and #B£R£A5. this Council's Sewage Committee has studied the request and has recommended in.favorof the granting thereof~ .. TDEREFOR£, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Of£lclalsbe, and:they arehereby, authorized and directed, for and on behalf of the City, to execute a deed of easement .conveying to the Roanoke Count Sanitation Authority a perpetual easement for the construction and operation of a IS-inch sewer line and manholes, the said sewer line being along the approximate center of a IS-foot wide right of may running along the easterly side of Tinker Creek and crossing to and across said City-owned Water Department property at four (4) points, as show~ on a Wap of Proposed Roanoke County Sanitation Authority Sewer Line through Roanoke City Property located on Tinker Creek, dated November 10, 1955, to be attached to said deed; together mith the right of ingress and egress for the purpose of repair,,malatenance~and servicing of said sewer line and manholes; said deed ,to be upon such form as is approved by, the City Attorney '130 but to reserve the right for the City to COtleet at any later time to said 15-inch sewer line without the payment of any connection charge, ned to provide abet the grantee will replace or pay for nay trees, shrubbery, fences, walks, sod or outhouses upon said property which way bare been damaged Il or about the constructl and maintenance of said sewer line tbrongb said property. The motion was seconded by Mr. Waldrop end adopted by the following vote: AYES: Council wembers Davies, Hanes, Pickett, Waldrop, Webber. Young, and the President, Mr. Moody ................. ?. NAYS: None ....................... O. SIUEYAL~. CURD AND GUY?ER: Conncfl at its meeting of February 6, 1956, having referred to e committee consisting of Messrs. John L. Wentworth and H. Cleans Broyles for study and report a bid of Pioneer Construction Company. Incorporated, for the construction of concrete sidewalk, curb and gutter at various locations in the City of Roanoke during the Year 1956, thecowmittee submitted its report, stating that the bid received conplfeswith the specfffcatfoa~ and advertisement for bids and is in order. The City Manager stated that the prices for sidewalk, curb and gutter contained In the bid of Pioneer Construction Company, Incorporated, ere considerably higher than they have been in recent years and that he feels that more than one bid should be obtained. The Rayor stated that Mr. Robert C. Churchill, Jr., President of Pioneer Construction Company, Incorporated, bas requested a chance to be heard in the matter before any action is taken upon hfs bid and that In the absence of any objection the matter will be laid over until the next regular meeting of Council. UNFINISHED DUSINESS: NONE. CONSIDERATION OF CLAIDS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12652, rezoning property located on the north side of Patterson Avenue. S. M., between Twentieth Street and Twenty-first Street, from General Residence District to Light Industrial District, having previously been before Councf! for its first reading, read and laid over. was again before the body, Mr. Hanes offering the following for its second reading nad final adoption: (z12652) AN ORDINANCE to amend and reenact Article I, Section 1o of Chapter 51, of the Code of the City of Roanoke, Virginia, in relation to Zoning. (For fall text of Ordinance, see Ordinance Hook No. 21, Page Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Waldrop, Webber, Young, and the President. Mr. Moody ....................... NAYS: Mrs. Pickett ................. 1. BONDS-LEGISLATION: Council at Its meeting.of February 6, 1956, having directed the preparation of a Resolution, endorsing Bill S-2290 now before the United States Senate, which bill, if adopted, would permit banks to underwrite and distribute certain public securities, the Resolution was before Council. .! Mr, Hanes moved to direct the City Attorney to secure copies of the bill from the Honorable Harry Flood Byrd and the Honorable A. Millis Robertson, United States Senators from.Virginia, and obtain their comments on the proposed legislation for the information of Council. The motion Was seconded by Hr. Davies end adopted. SPECIAL PERHITSoSTREETS AND ALLEYS: Council at its meeting of Jannary 9, 1956, having directed the preparation of an Ordinance to grant the request of the Nelson Hardmnre Company that it be permitted to use ten feet or the south side of Gregory Avenue, N. E., from Eleventh Street to Tinker Creeh, for n grade slope to its property, Hr. Maldrop moved that the folloming Ordinance be placed upon fits flrnt reading: (n12660) AH ORDINANCE permitting and licensing Nelson Hardware Company to encroach upon a portion of Gregory Avenue, N. E., to a limited extent, upon certain terms and conditions. MHEREAS, reference is hereby made to Ordinance No. 12527 passed by this Council on October 17, 1955, and also to a report dated January 6, 1956, which mas. made to it by a Committee of this Council, both of which relate to granting permission to Nelson Hardware Company to encroach upon the south side of Gregory Avenue to a limited degree; and · HEREAS, the Council approves the recommendation made by the Committee. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke: 1. That insofar as the terms of Ordinance Ho. 12527 vary from, or are in conflict mlth, the terms of this Ordinance, then Ordinance No. 12527 is to that extent amended. Otherwise, it shall remain in full force and effect; 2. That Nelson'Hardmare Company be, and it is hereby, granted permission to encroach upon Gregory Avenue, N~ £., to the extent of the slope from the excavation by Nelson of its real estate abutting on the south side of Gregory Avenue, N. E., such encroachment to extend easterly from llth Street to, or approximately to, Tinker Creeh, bet it shall not extend into Gregory Avenue for a greater depth than 10 feet into the soeth side thereof; 3. That Nelson Hardware Company agrees to construct and maintain, at its cmn expense, an adequate guard fence along the top of the slope during the time that it is permitted to exercise the rights herein granted; 4. That Nelson Hardware Company, for and on behalf of Itself, its successors and assigns, unconditionally agrees to defend and save harmless the City of Roanoke f~om any and ail liability that may result from the exercise by it of the pernission hereby granted; S. That Nelson Hardware Company will convenaut and agree, for and on behalf of itself, its successors and assignees, and as a covenant running with the real estate owned by said company abetting on Gregory Xvenu~, to build a wall as provided for' and contemplated in Ordinance No. 12527 and to restore the ground back of the wall and in Gregory Avenue to its former level, all at its cmn expense, within 120 days after being notified or requested so to do by Resolution of the City Council; "' 132 6. That nil of the.aforesaid permission so granted tad granted by said former Ordinance, shall be held and deemed to be I license merely, nad shall be' revocable ak nay. tine:at the pleasure or the City Council as aforesaid{ and ?. That Helsoa Hardware Company, prior to exercising any of the privileges granted by this Ordinance. shall, for nnd on behalf cf itself, its successors and assigns, cause the original draft of this Ordinance. and n duplicate original thereof, to be signed by its proper officers under its corporate seal duly attested and acknowledged, ns evidence of its agreement to and its acceptance of nil and sereral the.terms and conditions enumerated Is this Ordinance, after mhlch, the City Clerk is directed to cause said executed duplicate to be admitted to record in the Clerk*s Office of the Hustings Court of the City of Roanoke. SIGNED and sealed in compliance with the terms and provisions of the fore- going Ordinance: NELSON HARDMARE COMPANY (A Virginia Corporation) By Its (SEAL) ATTEST: STATE OF VIRGINIA ) ) To-wit: CITy OF ROANOKE ) I, a Notary Public in and for the City of Roanoke, Virginia, do hereby certify that C. H. NELSON and C. L, NELSON, Vice- President and Secretary. respectively, of Nelson Hardware Company, whose names are signed to the within and foregoing Ordinance. personally appe,ared before ne and acknowledged the same in the City of Roanoke, Virginia. GIVEN under my hand this __day of , 1956. Notary Public My commlssionexpires: The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Manes. Pickett, Maldrop, Mebbero Young, and the President, Mr. Moody .................. T. NAYS: None ........................ O. MOTIONS AND MISCELLANEOUS BUSINESS: BUDGET-SEMER CONSTRUCTION: The City Manager stated that an appropriation of $50,000.00 mas inclmded in the 1956 bvdget for the construction of a sewer line up Lick Run, N. M., and advi'sed that if Con~cil intends to proceed with the con~truction of said sewer line he will need engineering assistance in preparing the plans and supervising the construction of said line because of the shortage of pernotael ia the clty*s Engineering Department, the City Manager advising further that in recent years actions bi Council is the construction of similar sewer lines provided for the participation of affected property owners to the extent nr fifty per cent of the cost of said lines, nnd that he would like advice from Council on this policy. #r. Webber moved to direct the City Manager to withhold action on the construction of the sewer line up Lick Rune pending the request for such line bear fifty per cent of the cost of the construction thereof. The motion was seconded by Mr. Young aud adopted. CIVIL DEFENSE-CITY PROPERTY: The City Manager stated that under a classified Civil Defense Program certain portions of 'Mountain View' sot required for Recreation Department activities are needed for use by Civil Defense authorities for the installation of certain equipment and requested the adoption of aa Ordinance authorizing said use. Hr. Young moved that Council concur in the request of the City Manager and that the following Ordinance be placed upon its first reading: (312661) AN ORDINANCE authorizing the Local Director of Civil Defense to use portions of *Mountain View' for such purposes as the Civil Defense Authorities may deem necessary for the advancement of the over-all Civil Defense program for a period of time not to exceed ten and one-half years. MHEREAS, it has been brought to the attention of this Council that certain portions of *Mountain View** not presently used by the Department of Parks and Recreation, could be advantageously used by the office of Civil Defense for the storage and installation of valuable equipment and for other Civil Defense purposes, that would advance the over[all Civil Defense program and make the same more efficient; provided assurance is given that the same would be available for such ~urposes for a considerable period of time. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that ~hose portions of *Mountain View** not presently used by the Department of Parks and Recreation be, and the same ara, hereby placed under the complete management and authority of the Local Director of Cfrll Defense. to be used for such Civil Defense purposes as the proper Civil Defense Authorities may deem necessary for the promotion and advancement of the over-all Civil Defense program, for the duration Of the emergency and six months thereafter or for ten and one-half years, whichever is shorter; and the said Local Director of Civil Defense is hereby authorized, for and on behalf of the City of Roanoke, to execute requisite leases and contracts pursuant to which agencies of the Commonwealth of Virginia or of the United States of America officially co-operating with Civil Defense may use bnd occupy said premises or any portions thereof, not presently used by the Department of Parks and Recreation, during said period of time and for a purely nominal consideration, The motion was seconded by Mr. Davies and adopted by the following vote: ~33 AYES: Council members Davies, Hanes, Pickett, Msldrop, Mebber, Young, and the President, #r. Moody ............. 7. NAYS: None ................... O. There being ne further business, Council adjourned, APPROVED AT~ President ,! COUNCIL, REGULAR MEETING. Monday, February 20, 1956. The Council of the City of Roanoke met iR regular meeting in the Council Chamber in the Municipal Building. Monday. February 20, 1g$6, ot 2:00 o'clock, p. m., the regular meeting hour, with the President. Mr. Woody. presiding. PRESENT: Council members Davies. Hanes. Wuldrop. Webber, Young, and the President. Hr, Moody .................... ABSENT: Bra. Pickett ............ 1. OFFICERS PRESENT: Mr. Arthur 5. Owens, City Manager, Mr. Randolph G. Whittle. City Attoreey, Br. Daffy R. Yates, City Auditor. and Mr. J. Robert Thomas, City Clerk. The meeting mas opened mith a prayer by the Reverend Couley A. McBullen, Assistant Pastor, Greene Memorial Methodist Church. Mayor Moody melcoued a group of students from Jefferson Senior High School, representing the student body of that school for its annual Student Government Day. MINUTES: Copies of'the minutes of the regular meetings held on February 1g$6, ned February 13, lgSG, having been furnished each member of Council, upon motion of Mr. Banes, seconded by Mr. Davies and adopted, the reading was dispensed mith and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC BATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m., February 20, 1956. on the request of A. T. Craghead and M. S. Wilhelm that their properties located on the north side of Elm Avenue, S. M.. west of Franklin Road, be rezoned from Special Residence District to Business District, and notice of the hearing having been published in The Roanoke World-News on February 3, 1956, and the City Planning Commission having previously submitted a report, recommending that the request be denied, the hearing was held. Mr. W. B. Hopkins, Attorney for the petitioners, appeared before Council, stating that when the petition for reaching was originally presented his clients understood that a majority of the residents of the neighborhood were in favor of the request for rezoning, bui that subsequent developments indicate that the residents of the neighborhood are mom opposed to reaching of the property, therefore, he requested permission to mithdraw the petition for reaching. Mr. Young moved to concur ia the request of Mr. Hopkins and to permit the withdrawal of the petition for reaching. The motion mas seconded by Mr. Davies and adopted. STREETS AND ALLEYS: A public hearin9 having been set for 2:00 o'cloch, p. m., February 20, 1956. on the request of Mr. A. Y. Loyd, Attorney for the Club View Corporation, that an alley runniog through Block 43, Mast End and Rlverviem Land Bop. west of Tmenty-fourth Street, S. M., be vacated, discontinued and closed, and notice of the hearing having been published in The Roanoke World~News on February 3, 1956, and the City Planning Commission having previously submitted ia report, recommending that the request be granted, the hearing was held at which no one appeared either for or against the request. :;136 Ir. Bases moved that Couscll coscur Il the recommendation or the City Planning Commission and that tko following Ordinance he placed upon Its first readlsg: (n12662) AN ORDINANCE vacating all of that part or u certais alley rusnisg through Block 43.:according to the Hap of West End and RiveFvlem Land amd Ruuuracturiug Company, us lies West or the present 241h Street (or Boulevard) BBEREAS, Club View Corporation and the Norfolk mud Western Railway Company, ihe property owsers adjoining on both sides or said alley, have presested to Council a written fnutrawent sigsed and acksowledged in accordance with the provisions of Section 15-766.1 of the Code of Virginia of lgSO, which instrument re- cites that said parties are the sole abutting property owners on both sides of the aforesaid alley running thrnugh Block 43, as shown on the Map of West End and Rlverview Land and #anufacturing Company. lying West of 24th Street (or Ooulevard) S. W., and which instrument was executed by said parties for the purpose of vacating said alley, to-wit: B£ING all of the alley running through Dlock 43. accord- ing to the Map of West End and Riverview Land and Manufacturing Company, that lies west of the present 24th Street (or Boulevard) S. W. and WHEREAS, there are no other property owners in the vicinity whose rights privileges will be abridged or destroyed by the vacating of said alley, and WB~REASo under the provisions of Section 15-766.1 of the Code of Virginia, 1950, said alley may be permanently vacated by the filing for record of said instrument providing it has been approved by the governing body of the City of Roanoke, Virginia, and WHEREAS, by action of the Council of the City of Roanoke, Virginia, ga the 9th day of January, 1956, the matter was referred to the City Planning Commission for its recommendation, and WHEREAS, the Planning Commission had a public hearing on the lgth day of iJanuary, 19S6, ut which hearing there was no objection to the vacating of said alley and the Planning Commission recommended to the Council of the City of ]oanoke, Virginia, that that portion of alley running through Block 43, according to the Map of West End and Biverview Laud and Manufacturing Company, as lies west Df 24th Street (or Boulevard) S. W., be vacated and closed, and WHEREAS, the Council of the City of Roanoke, Virginia, did on the 20th day ef February, lOSS, at 2:00 o'clock, p. m., in the Council Chamber for the City of ~oanoke, Virginia, after due publication as required by law, hold a public hearing the request of Club View Corporation and the Norfolk and Western Railway Company for the closing of that part of the alley running through Block 43, West End and Rlverview Land and Manufacturing Company, as lies west of 24th Street (or Boulevard) S. w., to be closed and vacated, at which hearing there was no objection or expressed opposition, and :IBEREA$, it further-appears to. the Council or the City orRoaaoke, Virginia, that Club Yfem Corporation and tie Norfolk nad Nestern BaJlmay Company bare requested that said alley be vacated aid that said Club Vlem Corporation has agreed to bear the cost of the proceedings, TflEREFORE, BE IT ORDAINED by the Council or the City of Roaaoke,.Vlrginla, that it officially expresses its approval of the vacating of that portion of the alley ruasfag through Block 43, according to the Map of West End and Rfrerefem Land and manufacturing Compaay,.as lies west of 24th Street*(or Boulevard) S. to be closed nad vacated and more particularly described as follows: Ail that portion of the alley running through Block 43, according to the Hap of West £ad and Rlverriem Land and lanufacturing Conpany,.as lies west of 24th Street (or Boulevard) S. B£ IT FDRTBER ORDAIRED that all right, title and interest of the City of Roanoke, ¥lrgfnfa, and the public in and tm said alley be, and hereby are released insofar as this Council is empowered so to do, the City of Roanoke. however, reserving to itself a public easement to that portion of the alley in which there the right of ingress and egress for maintenance, repair and construction of the BE IT FURTHER ORDAINED that the City Engineer be, and he is hereby directed to mark 'Permanently Vacated, Ordinance Bo. 12662, dated February 27, 1956"i all of that portion of the alley extending through Block 43, according to the Map of West End and Rlverview Land and Banufacturing Company, as lies mesa of 24th Street (or Boulevard) S. N., on all maps OF plats on file In the office of the Engineer of the City of Roanoke on mhich maps or plats said alley is shown, referring to the book and page number of the Ordinances and Resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread, and referring to the deed book and page number in the Clerk*s Office of the Bustings Court for the City of Roanoke, Virginia. where the aforesaid instrument signed by the abutting property owners is filed for recordation. RE IT FURTHER ORDAINED that the Clerk of this Council be. and he is hereby directed to deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, a copy of this Ordinance in order that said Clerk may make proper notations on all maps or plats recorded in his office upon mhich said alley is shown and that said Clerk of this Council be. and he is hereby directed to furnish to Clu~ View Corporation and the Horfolk and ~estern Railway Company a certified copy of this Ordinance to be attached to the aforesaid written instrument f~r filing for record in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia. The motion mas seconded by RrB Davies and adopted by the following vote: AYES: Council members Davies. Hanes, Naldrop, gabber. Young. and the President, Hr. Noody ................... NAYS: None ..................... OB (Mrs. Pickett absent) SIDE~ALK, CURB AND GUTTER: Council having previously received a bid from Pioneer Construction Company, Incorporated, fn the total amount of /137 :~:J.38 forLke cgcstruchioc Or concrete sidewalk, curb oud~gutter, u~ vatlels locations in the CiW~or ioanoke~dur!ug, the lear 1956,,aad having tabled the matter in order to hear Hr. R. C. Churchill, Jr** President of the Company, In Goatee%lan with the bid. the matter was again before.the bodyo . Mr..Churchill appuared before~Cguncll and stated that while his bid shams a considerab~e increase over the price paid forum similar contract ~cat;year it is less than that paid by the Commonwealth of VSrginia nad ~he Cl~y..of. Lyachburg under similar contracts° therefore, he reels that hi! bid should.be receJvedand the contract awarded to his company although It was the only.bid submitted for the mark, Mr. Churchill pointing out that should.Council r~Ject his bid and readvertise the work his price would thqn:~e disclosed and~any other contractor could underbid him with ease. The City manager stated that he feels the bid should be rejected and the work readvertised since the price is considerably greater than the price paid daring the last year for this type of work and If the work Js performed under the bid of Pioneer Construction Company, Incorporated, it will mean a reduction in the amount of work which can be accomplished during the year. Mr. Hanes moved to refer the matter to a committee consisting of Messrs. Herbert A. Davies, Chairman, Arthur S. Owens, John L. Wentworth and H. Cletus Droyles to study the bid received in relation to the previous cost of construction of sidewalk, curb and gutter in the city and in various cities in the state and to submit their report and recommendations thereon. The motion was seconded by Mr. Waldrop and adopted. RCDGEToCIHCUIT COURT: Mr. whitwell W. Coxe, Chairman of the Committee on Courts of the Roanoke Bar Association, appeared before Cooncil in connection with a communication from the Roanoke Bar Association, requesting that the salary of the Jodge of the Circuit Court be increased by increasing the cltyts supplement from $522. g0 per annum to $2,~30.00 per ancum, effective February 1, 195~, and that the city's appropriation of $100.00 per month for office expense be eliminated, effective February 1, 1955, for the reason that the Twentieth Circuit has been changed by the General Assembly of Virginia and nam only includes Roanoke County and Roanoke City, the communication advising that the County of Roanoke will assume the payment of necessary office expenses, including the salary of the Secretary to the Judge. Mr. Coxe stated that the request has been made in order to place the salaries of the Judges of the three state courts on an equal basis° that the county is prohibited by law from supplementing the salary of the Judge, but mill pay the office expenses of the court, which will be equal to or greater than the amount of the salary supplement. Mr. Young moved to concur in the request of the Roanoke Bar Association and offered the following emergency Ordinan~e: ' (#126~3) AN ORDINANCE to amend and reordain Section milo *Circuit Court#. of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook H~. 21, Page 274.) Mr. Young moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Hanes and adopted by the following vote: AYESt Coueoll members Davies, Heneso Wnldrop, Webber, Young, and the President, Mr. Woody .................. 6. NAYS: None .................... O. (Mrs. Pickett ebsent) PETITIONS AND COMMUNICATIONS: OONDS~TAX£S-SCHOOLS: The Clt~ Clerk presented a communication from the Noelobe City School Hoard° requesting that · referendum Da school bonds be celled at the earliest practicable date for approval or the Issuance or $5,466,206.00 of bonds for the coostrnction of fire elementary schools, one addition to an existing Junior high school and the construction of two senior high schools. Mr. Mebber stated that in order to provide for necesser~ funds for the operation of additional schools it will be necessary to provide additional revenue for the General Fund of the City of Roanoke, which should be accomplished to instruct the City Attorney to prepare an Ordinance, providing for a referendum · of the /reebold voters to be held In connection with the Jane General Election on the question of increasing the present tax limit of $2.50 by 50t on $100~00 of assessed valuation, the said increase of 50~ to be applied to public education. The motion mas seconded by Mr. Davies and adopted. SMOKE CONTROL: The City Clerk presented a communication from the Roanoke Chamber of Commerce, recommending that Co~ncilmaintain a separate Department of Air Pollution Control, headed by a competent engineer and responsible to the City Manager, and that.every effort be made to obtain as quickly as possible a competent air control engineer to head said department. Mr. Hanes moved to refer the communication to the City Manager for his attention. The motion mas seconded by Mr. Young,and adopted. SENAGE DISPOSAL: Yhe City Clerk presented a Resolution from the Council of the Town of Salem, requesting that the existing contract between the said Town and the City of Roanoke dated October 16, 1953, providing for the transportation and treatment of sewage of the said Town by the City of Roanoke,, be amended by adding thereto the area in !the vicinity of the Hidden Yalley Country Club. Mr. Maldrop moved to refer the Resolution to a committee consisting of Messrs;Roy L. Webber, Chairman. Malter L. Young, Arthur S. Owens and Randolph G. Mhittle for study end recommendation. The motion nas seconded by Mr. Hanes LEGISLATION-OFFICE HOURS: The City Clerk presented communications,from the City Treasurer, the City Sergeant, Clerk of Courts.- the Commonwealth Attorney and the Commissioner of Revenue,. advising that they do not concur In the proposed mew Section 39.1 to the City Charter, dealing with employees in the constitutional offices, as presented to the General Assembly by Council in its Resolution No. 12639. Mr. Hanes moved to file the communications and to-instruct the City Manager study the office hours maintained by the various constitutional offices in the Municipal Government and to report his findings to Council. The motion was seconded by Mr. Waldrop end adopted. , ..... ~139 REPORTS @F OFFICERS: . FIRE DRPARTRENT: The CItF #eeeger reported that Captain EugeaeW. Weeder, injured in line or duty. on.September 2, 1955, is still under the care of a Jhysicieu end will continue to be so for en indefinite period of time, the City lounger requesting that Council authorize the extension of Captefe Weador~s sehry for an additional sixty days tine. ~r..Devi~s moved to concur in the recommendation of the City Reneger end offered the following Resol!tiou~ (u12664) A. RESOLUTION authorizing the continuance of pay to Captain Eugene W. #eador; and providing for an emergency. (For full text of Resolution, see Ordinance Boob No. 21, Page 275.) Hr. Davies moved the adoption of the Resolution. The motion was seconded by Hr. Hanes and adopted by the follomlng vote: AYES: Council members ~avies, Hanes, Naldrop, Webber, Young, end the President, Hr. Woody ...................... NAYS: None ........................ O. (Hrs. Pichett absent) REPORTS OF CORHIY?E£S: PLUHOIRG CODE: Council by Resolution No. 1246q, adopted on the ISth day of August, 1955, having appointed a committee composed of Messrs. L. G. Leftmlch, Chairman, R. N. Woodson, J. O. Meddle° Sr., Otis W. Simpson end Elmer O. Rhodes to modernize the Plumbing Code of the City of Roauohe, the committee submitted its report, transmitting a copy of the revised Plumbing Code, which It recommended be adopted. Mr. Young moved to hold a public hearing on the proposed Plumbing Code at 2:00 o'clock, p. m.. Harch lg, 1956, in the Council Chamber. The motion was seconded by Hr. Waldrop and adopted. UNFINIStlED BUSINESS: ZONING-SETBACK LIN£S: Council ut its meeting cf Jaennry 16. 1q56. having requested the City Planning Commission to study Shenandoah Avenue. N, W.o between Second Street and the city limits, with regard to its present widths and the setback lines presently e~tabllshed thereon, and to submit its recommendation. the City Planning Commission submitted its report, stating that in its opinion the setback l.tnes mhich have been previously established on Shenandoah Avenue, N, M., from Second Street to ~wenty-fourth Street, are adequate to provide for necessary street widening thereon, and recommending that Council establish a setbac~ lJee on Shenandoah Avenue, N, W., from Tmenty-fourth Street to the west norporate limits, to provide for.au 80-foot right-of-way, the proposed setback line to be established forty feet from the center line of the utreet on both sides. Hr. Webber moved to set a public hearing on the question of establishing the setback line ns recommended by the City Planning Commission at 2:00 p. m,. March lq, lgS6, in the Council Chamber. The notion was seconded by Yonn~ and adopted. ZONING-SETBACK LINES-STREETS AND ALLEYS: Council at its ~eeting of February 13, 1q56. having requested that the City planning Commission study the question of establishing a setback line on Firth Street between Orange Avenue, N, M., and Washington Aveaueo S. M., and to submit Its recommendation thereon, the City Planning Coumisslou reported that the Commission reels it desirable at the present tlme that Firth Street, S. W** between Campbell Avenue and Church Avenue, be widened to more adequately take care of the heavy volume of traffic, and that the Coomission is of the opinion that provision should be made rot this street to be widened aa soon as possible in view of the imuediate plans for the construction of the Y.M.C.A. building, the Commission reconnendlag as follom$: 1. That City Council acquire a strip of land, varying from eight to ten reel in width, along the east side only of Fifth Street from Caopbell Avenue to Church Avenue, in accordance with Plan No. 4166 attached hereto, for future street uidenlug. 2. That, if said land Is not acquired, u setback line be established to provide for the proposed street widening of the block In question in accordance with said plan. With further reference to thc matter, the City Planning Commission advised that it mill give further study to the question of establishing a setback line on Fifth Street throughout its entirety and submit its report thereon at a later date. Mr. Yoaag moved to Instruct the Cfr! Manager to contact property owners o~ tracts of land on the north side of Church Avenue, S. W., east of the Y.M.C.A. property at Fifth Street, and attempt to strange for the transfer of n lO-foot strip of land to the Y.M.C.A., in order to offset the loss of a lO-foot strip of land along Fifth Street which the Y.M.C.A. would deed to the city for street widening purposes, and to submit his report thereon along with an estimate of the cost of widening Fifth Street, S. N.,: between Campbell Avenue and Church Avenue, by ten feet on the east side thereof. The motion was seconded by Mr. Banes and adopted. ZONING: Council at its meeting of January 23. 1956. having referred to the City Planning Commission for study and recommendation a request of Moldroe and Maldron, Contractors, that their property located on the south side of ~est Avenue, S. M.. between Twentieth Street and Twenty-first Street, designated as Lots 4-9, inclusive, Block 39, Meat End and Rfverview Map, be rezoned from General Residence District to Light Industrial District. the City Planning Commission submitted .its report, recommending that Council grant the request of the petitioners, and in addition, the remainder of the property located in the area north of Patterson Avenue, S.: M., between Twentieth Street and Twenty- fourth Street, which is now classified as a Business District and a General Residence District, be at the same time rezoned to a Light Industrial District, t~ additional property being Lots 1-8, inclusive, Block 38; Lots 1-3 and Lots 9-16, Inclusive, Block 39; Lots 1-9. inclusive, Block 45: Lots 1-17, inclusive. Block 44; and part of Lets 25 and 26, Black 43, West End and Rlverview Map. Mr. Waldrop moved to hold a public hearing in the matter at 2:00 o'clock, p. m., March 26, 1956, in the Council Chamber, said hearing to include all of the properties recommended by the City Planning Commission. The motion was seconded by Mr.-Davies and adopted. :14I .:,$42 ~ORSID~MATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: EASEMENTS-SEWAGE DISPOSAL: Ordinance No, 12659, providing for the conveyauc~ to the Roanoke County Sanitation Authority of u perpetual easement for n sewer line amd related struatures across certain portions of city-owned Mater Department property located au Tinker Creek on certain terms and conditions, having previously been before Council for its first reading, read end laid over, was again before the body. Mr. Yonng moved to amend the Ordinance by adding thereto the words *dams end flumes# in the nineteenth line of the last paragraph betmeen the words *sod end oru. The motiofi Was seconded by Mr. Davies and adopted. Mr. Davies then offered the following Ordinance, as amended, for its secant reading and final adoption: (z1265g) AN ORDINANCE providing for the conveyance to Roanoke County Sanitation Authority of a perpetual easement for · sewer line and related structure: across certain portions of City-owned Mater Department property located on TJoker Creek on certaio terms and conditions. (For full text of Ordinance, see Ordinance Nook No. 21, Page 271.) Mr. Davies moved the adoption of the Ordinance. The motian mas seconded by Mr. Maldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Waldrop, Webber, Young, and the President, Mr. Moody ..................... NAYS: None ....................... O. (Mrs. Pickett absent) SPECIAL PERMITS-STREETS AND ALLEYS: Ordinance No. 12660, permitting and licensing the ~elson Hardware Company to encroach upon a portion o[ Gregory Areune, H. E., to a limited extent, upon certain terms and conditions, having previously been before Council for its first reading, read and ~aid over, was again before the body, Mr. Hanes offering the following for its se:Dud reading and final adoption: (#12660) AN ORDINANCE permitting and licensing Nelson Nardmare Company to encroach upon a portion of Gregory Avenue, N. E., to a limited extent, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Boob No. 21, Page 272.) Rr. Hanes =Dyed the adoption of the Ordinance. The motion mas seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Waldrop, Webber, Young, and the President, Mr. Moody ...................... NAYS: None ........................ O. (Mrs. Pickett absent) CIVIL DEFENSE: Ordinance No. 126bl, authorizing the Local Director of Civil Defense to use portions of *Mountain View" for such purposes as the Civil Defense Authorities may deem necessary for the advancement of the overall Civil Defense program for a period of time not to exceed ten sad one-bal£ years, baying previously been before Council for Its first reading, read and laid over, was again before the body, Mr. Young offering the following for its second reading and final adoption: (u!2661) AN ORDINANCE authorizing the Local Director of Civil Defense to use portions of 'Mountain View' rot such purposes as the Civil Defense Authorities may deer necessary rot the advancement or the over-all Civil Defense program for a period of time wot to exceed ten and aec-hair years, (For full text,of Ordinance, see Ordinance Rook No, 21, Page Mr. Young moved the adoption of the Ordinance. Tie motion was seconded by Mr. Davies end ~dopted by the following vote: AYES: Council members Davies, Hanes, Unldrop, Webber, Young, and the President, Mr. Moody ................... 6. NAYS: Nose ..................... O. (Mrs. Pickett absent) SIGNS: Council at its meeting of February 13, 1956, having directed the )reparation of a Resolution, authorizing the issuance of e ~ermit to allow the replacement of u marquee on the Savoy Hotel Hullding at 4IH Second Street, S. ¥., Mr. Young offered the following Resolution: ¢x1266S) A RESOLUTION authorizing and directing the Building Inspector to issue a permit, pursuant to the provisions of 'The Sign Ordinance of the City of Roanoke, 1949", to J. S. and S. A. Oarbour, Agents for the heirs of J. F. and L. ~A. Barbour, to replace a marquee on a certziu building located at 410 - Second Street, S. (For full text of Resolution, see Ordinance Hook No. 21, Page Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Nebber, Young, and the President, Mr. Moody ......................... NAYS: Mr. Naldrop ......... 1. (Mrs. Pickett absent) MOTIONS AND MISCELLANEOUS BUSINESS: BONDS-TAXES-SCHOOLS: Mr. Webber stated that in connection with the proposed referendum on increasing the tax limit it mill be necessary to inform the public generally o~ the conditions creating the necessity for increasing the tax rote for school operation and moved that a committee consisting of Mayor Needy as Chairman, the members of Council, the City Manager, the City Auditor, the City Attorney and the City Clerk be appointed for the purpose of informing the public on matters pertaining to the referendum. The motion was seconded by Mr. Ilanes and adopted. There being no further business, Cooncil adjourned. APPROVED pr e s~'i'~ n t "i43 7144 COUNCIL, REGULAR MEETING, Monday, February 2T, 1956, The Council of the City of Roanoke met la regular meeting in the Council Chamber iR the Municipal Building, Monday, February 27, 1956, ut 2:00 otclock, p. m., the regular meeting boar, mith the President, Mr. Moody, presiding. PRESENT: Council members Davies, Hones, Pichett, Mnldrop, Mebber, Young,. and the President, Mr. Moody ................ ?. ABSENT: None ........................ O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. lhlttl~ City Attorney, Mr. Harry R. Yarns, City Auditor, and Mr. J. Robert Thomas, City Clerk, The meeting was opened with a prayer by the Reverend Howard C. Laming, Director of Religious Education, First Presbyterian Church. Mayor Moody extended a welcome to the students of Mllliam Fleming High School, representing that school in its annual Student Government Day. HEARING OF CITIZENS UPON PUBLIC MATTERS: MATER DEPARTMENT: The Purchasing Agent having advertised for bids for streel and sidewalk restoration occasioned by the normal daily operations of the Mater Department, said bids to be received at 2:00 o'clock, p. m** February 27, 1956, bids were received from the Adams Construction Company and John A. Hall and Company. Mr. Young moved to refer the bids to a committee consisting of Messrso Arthur S. Owens, Chairman, John L. Meutwortb and Gilbert H. Ruston for tabulation and report. The motion was seconded by Mr. Ma~rop and adopted. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a communication from Mr. E. Griffith Dodson, Jr** Attorney for Roy Lo Bcchner, et al, requesting that their property fronting on Mllliamson Road 79.22 feet, 200 feet north of Liberty Road, and extending eastwardly to Edison Street, N. E., being a portion of Lot 7, Block 1, Liberty Land Company Map, be rezoned fromCeneral Residence District to Business District. Mr. Hanes moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Davies and adopted. LEGISLATION-DEPARTMENT OF PUBLIC ~ELFARE: The City Clerk presented a communication from Senator Earl A. Fltapatrick, advising that he is unable to comply with Councll*s wishes as expressed in Resolution No. 12650, requesting an amendment to the Code of Virginia so as to provide for the allocation of state funds to localities for the purpose of meeting one~bali of the cost to such localities for indigent hospital cases removed to and treated in convalescent or nursing homes, and transmitting a letter from Mr..Richard M. Copeland, Director of the Department of Melfare and Institutions, stating that the intention of the General Assembly in enacting Chapter 15, Title 32 of the Code originally was to provide specifically for state participation il the cost of care of acutely ill persons is ~eaeral hospitals at the expense or the counties and cities and that the state appropriation currently available rot this purpose not sufficient to provide a fall fifty per ~et reimbursement to the several localities, including Roanoke City, further, that any broadening of the base or the program so as to Include additional persons'mould have little meaning for those communities now spending in excess or their reimbursement entitlements unless there were u corresponding increase la the state appropriation, Hr. Copelaad suggesting that convalescent and nursing homo care for indigent persons already exists in the fora or public assistance grants where persons are qualified, pointing out that care of persons in convalescent and nursing homes freqneall~ runs into several months and eren years* darallon and lberefnre becomes more a waster of providing for maintenance plus needed medical care than for hospltalizstion. ~r. Young stated that it Is quite obvious from ~ro Copelafld*s letter lhat he does not understand the city's program and request In connection with the care of indigents under the hospitalization program, pointing out that it wa~ the intent of Council to remove hospitalized persons to convalescent or uursinghomes for the period of tine they normally remain, in hospitals for convalescence-after serious illnesses and thus the program is designed to reduce the cost of hospitaliaation in mhich the state would normally participate, and moved to instruct the City Manager to write the Director of the State Department of Nelfare and Institutions a letter, giving complete details of the city*s hospitaliaation program as it deals with the convalescent care of indigent patients, sending a copy of his letter to Senator Fitzpatrick. The motion was seconded by · aldrop and adopted. PLANMING COMMISSIOMS::The City Clerk presented a Resolution of the Ooard of Supervisors of Roanoke County, requesting the Governor of Virginia to allocate $5,000.00 for the use of the Roanoke Valley Regional Planning and Economic Development Commission, jointly sponsored by the City of Roanoke, Roanoke County, the Town of Salem and the~Townof Vinton. ?be Resolution was.ordered,filed.' REPORTS OF OFFICERS: BUDGET-CITY TREASURER: The CityRauager.reported that he has received bids for the purchase of taxibilling and.accounting machines for~the*offfce of the City Treasurer, which bids are~firm.fortwenty days from February 8, 1956, and that.he has consulted with the~City'Treasurer-and theComnissJoner of Revenue, whose offices.will be affected,.the City Manager transmitting-with his report a letterfrom~tbe~Clty Treasurer,~requesting that the purchase of the equipment be withheld for~further study by reason of the fact that the.statelegislature has* passed a law eliminating the necessityof writing state income tax tickets in the Treasnrer!.soffice and state committees are.now studying other possible changes in the tax laws of Virginia which may also affect-the number of tax tickets he will be required to write, the City. Manager also transmitting with his report a '146 letter from the Commissioner or Revenue, stutllg that the equipment to be purchased for the Joint use of kin or~lee and the Trensurertn or,ice uss thorougkly studied and agreed upon prior to the request for the equipment nad' that he has not changed his mind Mink reference to the need rot the equipment, but that if the City Treasurer does Rot mush to purchase the equipment, us agreed upon, the itels for use by his crrtce mill be or Bo use to him. Mr. Hanes moved to tube the matter under considerntlon. The motion was seconded by Mr, Hnldrop sad adopted. AUDITS-CITY TREASURER: The City Manager presented u report of the State Auditor or Public Accounts on an audit of comuonuealth revenues handled in the office of the City Treasurer for the fiscal year ended June 30, 1g$5, which report stated that proper accounting has been made for all such funds received in that office. The report was ordered filed. BUDGET-FIRE DEPARTMENT: The City Manager reported that In response to a directive of Council at its meeting of February 13,'1956, he has further investigated the scope of repairs necessary to NO. 4 Pumping Engine and has arranged for the pumper to be repaired locally at a lesser cost than that previously estimated and that no appropriation will be required at this time. Mrs. Pickett moved to concur In the report of the City Manager. The motion was seconded by Mr. Davies and adopted. RRIHG£S: The City Manager reported that as directed by Council at its meeting of December 12, 1955, he has conferred with representatives of the Norfolk and Mestern Railway Company concerning the construction of an underpass under the railway line to connect Liberty Road and Mandy Read, N. E., and that the said company has agreed that while the benefits to the railroad are negligible it nevertheless will cooperate with the city ia this improvement to the extent of paying one-half of the cost of the underpass structure alone, not to include approaches or rights-of-way costs, the City Manager recommending that the city acquire necessary land ~or widening of tbs approaches to tbs proposed underpass between Mhiteside Street and Ridgefleld Street, N. E., and that the rest of the project be held in abeyance until funds are available for completion thereof. Mr. Maldrop moved to instruct the CitT Manager to negotiate with property owners for the acquisition of land necessarT for widening LibertT Road, N. from Mhitestde Street to the Norfolk and Mestern Shenandoah Division Line, and Mandy Road, N. E., from Ridgefield Street to the Norfolk end #astern Shenandoah Division Line, as indicated on the plans for the project, and to submit his report thereon, and to direct the City Clerk to express Council's appreciation to the Norfolk and Hestern Railway Company for its cooperation in the project. The motion was seconded by Mr. Hanes and adopted. BUDGET-RECREATION DEPARTMENT: The City Manager recommended a transfer of $375.00 from Repairs to Capital Outlay in the Parks and Recreational Areas account of the 1956 budget to cover the installation of folding doors between two rooms at 'Mountain ¥1ew#. Hr. Davies moved to concur ia the recommendation ur the City Manager mud offered the roll,ming emergency Ordinance: (a12665) AN ORDINANCE to amend iud reorduiu Section alii, *Perks and Recreational Areas** or the 1956 Appropriation Ordinance, and providing rot an emergency. (For full text of Ordlunucet see Ordinance Book No. 21, Page 27H,) Hr. Davies moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Hanes, Pichett, Waldrop, Webber, Young, and the President, Mr. Woody ..................... T. NAYS: None ........................... O. BUDGET*FIRE DEPARTMENT: The City Ye=agar reported that he bas made a th,rom study of sites and locations for the installation of the new central fire alarm equipment end that ia bls opinion a building to b,nsc this equipment should be constructed on Fire Department property at the southwest corner or Rorer Avenue and Sixth Street, $. K., the city Manager recommending aa appropriation of $6,D00.00 to cover the coat or the necessary building. Hr. Webber moved to concur in the recommendation of the City Ne=agar and offered the following emergency Ordinance: (u1266T) AN ORDINANCE to amend and reordaJn Section u62, *Fire Department', of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance D,ok No. 21, Page 278.) Mr. Nebber moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, lianas, Pichett, Wa~rop, Webber, Young, and the President, Mr. Woody ..................... 7. NAYS: None ........................ ELECTRICAL EXAMINING BOARD: The City Manager reported the resignation of Mr. Roy Bra=don as a member of the Electrical Examining Board and the appointment of Mr. Ernest B. Clement to rill the unexpired term or Mr. Brand,ri. The report was filed. POLICE DEPARTMENT. TheClty Manager reported the employment of Kenneth Lee McCrawaa a polic~ officer, effective February 16f 1956. The report was filed. LEGISLATIOn-BONDS: Council at~fts meeting of February 13, 195~, bating directed the City Attorney to contact Senator Harry F. Byrd and Senator A. Willis Roberts,n, requesting copies of Senate Bill S-2290 for Council's consideration, and to also obtain comments of the senators on:the proposed bill, the City Attorney .reportedthat be has written both Senator Byrd and Senator Roberts,n, that Senator Byrd has informed him that he Is not a member of the Senate Banking. and Currency Committee and has not had an opportunity to study Senate Bill S-2290, and Senator Hobertson has advised that in his opinion the bill u,aid have no effect whatever on the cost and interest rates of future public improvement bonds and that those now engaged in investment banking are fully 'capable and . ; 4.7 148 willing to float all bonds of that character ned the Interest rate will act depend upon the lack or capitol, but will be governed bx tbe relative security of the respective issues, Senator Robertsoa further advising that he bas Consulted with #r. ¢. Francis Cocke, a past President of the ¥irgiain.Har Association, a former Chairman of the Legislative Committee of the American Hankers Association and a past President of the American Bankers Association, who has informed him that he seriously questions the advisability of conmercinl banks entering the specelative field of noderwrltfn~revenne bonds. Mr. Wnldrop moved to file the communication. The motion was seconded by Hr. navies and adopted. LEGISLATION=SCHOOLS: Council at its meeting of February 13, 1956, having directed the City Attorney to contact the legislative representatives in the General Assembly from Roanoke and explain the eity*s position mitb reference to paragraph B of Resolution No. 12650, dealing mith the allocation or state school funds for pupil transportation, the-City Attorney reported that he has discussed the matter at considerable length with Senator Fitzpatrick, who, in turn, has folly discussed the matter with both Hessrs. Rutherfoord end Gregory, and that Senator Fitzpatrick has advised that while he is sympathetic with Council*s proposal, he has discussed the proposal with representatives from the cities of Norfolk, Richmond, Lynchburg and Danville; also, members of the Senate Finance Committee, and mas unable to obtain support from any of them, consequently, he cannot comply with Council's request. Mr. Webber moved to file the report. The motion mas seconded by Hr. and adopted. REPORTS OF COMUITTEES: SALE OF PROPERTY-HOUSING: Council at its meeting of January 30, 1956, havjt referred to a committee consisting of Ressrs. Arthur S. Owens, Chairman, Randolph G. Rhlttle and Harry R. Yates for study and recommendation an offer of the City of Roanoke Redevelopment and Housing Authority to purchase from the City two lots, being Official Nos. 2020430 and ~020501, for $500.00 and $7,500.00, respectively, the committee submitted its report, recommending that action on the request be held in abeyance until the Housing Authority submits offers on other properties in the redevelopment area owned by the city which It mill require. Hr. Hanes moved to concur in the report of the committee. The motion mas seconded by MFs. Pickett and adopted. SIDEWALK, CURB AND GUTTER: Council at its meeting of February 20, 1956, having referred to a committee consisting of Messrs. Herbert' A. Davies, Chnlrnan, Arthur S. Owens, John L. Wentworth and H. Cletus Broyles the bid of Pioneer Construction Company, Incorporated, for the construction of concrete sidewalk, · curb and gutter at various locations in the City of Roanoke for the-year 1956, i for study in relation to previous costs of construction of sidewalk, curb and igutter in the Qty of Roanoke and la vatican cltles In the state, the committee submitted its report, stating that It has made such a survey, and based thereon, recommended that Council reject the bid of Pioneer Construction Company, Incorporated, and readvertise the work at an early date. Mr. Young moved to concur in the report or the committee, reject the bid of Pioneer Construction Company, Incorporated, and direct the City Homager to readvertise the work for. bids. The motion mas seconded by Hr. Waldrop and adopted. UNPINISHED BUSINESS: HONE.. CONSIDERATION OF CLAIWS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No.12662, vacating all or that part of a certain alley running through Block 43, according to the Hap of West End nnd Rivcrulem Land and Wnnufocturlog Coupany, ns lies meat of the present 24th Street (or Boulevard) S. W** having previously been before Council for its first reading, read and laid Dyer, mas again before the body, Hrs. Pickett offering the follomlag far its second reading and final adoption: (u12662) AN ORDINANCE vacating all of that part of a certain alley running through Block 43, according to the Wap of Test End and Rfverview Land and Manufacturing Company, as lies west of the present 24th Street (or Boulevard) (For full text of Ordinance. see Ordinance Book No. 21, Page 2?6.) Hrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young. and the President. Mr. Woody ................... ?. NAYS: None ......................... O. BONOS-TAXES-SCHOOLS: Council at its meeting of February 20. 1q$6, havlng directed the preparation of an Ordinance to provide for a referendum of the freehold voters to be held in connecti~ with the June General Election on the question of increasing the present tax limit of $2oS0 by SOS on $100.00 of assessed valuation for public education purposes, Mr. Webber offered the following emergency Ordinance: (n12668) AN ORDINANCE directing and providing for the holdlng of a referendum in the City of Roanoke, Virginia, to take the sense of the freehold voters of the City on the proposal to amend subsection (l) of Sec. 2. Powers of the City., of the Charter of the City of Roanoke. as amended, so as to authorize the Council of the City of Roanoke. in Its discretion, annually to exceed the over-all tax limitations contained In said subsection by additions not to exceed fifty cents (S0{) on the $100.00 of assessed value of real and personal property in said City for public school purposes; and providing for an emergency. (For full text of Ordi~ance,-see Ordinance Book No. 21, Page, 279.) Hr. Webber waved the adoption of the Ordinance. The motion mas seconded by Mr. Davies end adopted by the following vote: AYES: Council members Davies, Hanes. Pickett, ~aldrop, Webber, Young, and the President. Mr. Woody ............. NAYS: EDna ................... 0. In this connection. Mrs. Margaret Walsh Haase appeared before Council and asked if there Is any additional source of revenue available to the city with /:!50 uhich it could meet odditioeel school costs other then taxes on properS7 and Mas informed by the UeTor thus nil sources of revenue available to the city under existing lams have been exhensted by Council in Its efforts to meet present MuniCipal opernting budgets, MOTIONS AND MISCELLANEOUS BUSINESS: NONE.. There being no further business, Council adjourned. APPROV£O COUNCIL. REGULAR MEETING, Rouday, Rarch 5, 1956. The Council of the City or Roanoke met in regular meeting In the Council Chamber ia the Wunfclpal Building, Monday, Watch 5, 1956, nC 2:00 o'clock, p. the regular wetting hour, with the President, Hr. Moody, presiding, PRESENT: Council members Davies, Hanes, Waldrop, Webber, Young, and the President, Mr. Woody ...................... 6. ABSENT: Hrs. Pickett .............. 1. OFFICERS PRESENT: WF. Arthur S. Owens, City Waneger, Mr. Randolph G, Rbittlc City Attorney, Rt. Harry R. Yates, City Auditor, end Mr. J. Robert Thomas, City Clerk. The meeting mas opened with a prayer by the Reverend George B. Holmes, Associate Rector, St. Johnts Episcopal Church. #INURES: Copy ~f the mlnotes Of the regular meeting held on Monday, Februar 20, 1956, having been furnished each member of Council. upon motion of Rt. Davies. seconded by Wr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: ZONING: 'A public hearing baring been set for 2:00 o'clock, p. 1956, oo the request of M. Clayton Lemon and Rose ~ Rice that their properties. being Blocks l-S, inclusive, Union Stock Yard Nap. be rezoned from General Residence District to Light Industrial District end Heavy Industrial District, and notice of the hearing having been published In ~he Roanoke World-~ews on February 17, 19~&, and the City Planning Commission having recommended that the request of the petitioners be granted and that Blocks 1-3, inclusive, be rezoned to a Light Industrial District and ~hat Blocks 4 and S be rezoned to a Heavy Industrial District, the hearing Was held. Hr. C. £. Hunter, Attorney for the petitioners, appeared before Council and requested that the body concur in the recommendation of the City Planning Coumission. No one appeared in opposition to the request. Rt. Hanes moved that Council concur in the recommendation of the City Planning Commission and that the following' Ordinance be placed upon its first reading: ', (=12669) AN ORDINANCE tO amend and reenact Article I. Section 1. of Chapter 51 of the Code of the City of Roanoke. Vlrgiala. in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke, Virginia, to have the property located on the westerly side of Larchwood Street, as shown on the Nap of Union Stockyard Corporation, which is of record in the Clerkts Office of the Circuit Court of Roanoke. County, Virginia. in Deed Book 195. page 402. described as Lots 1, 2. 3 and 4. Block 1. Offlcial Nos. 3110801 to 3110804, both inclusive; Lots I to T, bo~h inclusive, Block 2, Official Nos. 3110901 to 311090?, both inclusive; and Lots I to 19. both Inclusive, Block 3, .152 official Has, 3111001 to 3111019. bath inclusive, renamed trow General Residence District to Light Industrial Dlstrlct~ etd also to have the property located DO the easterly side of Larcbwood Street and west of Patrick Henry Avenue, ts shown os said Map of Union Stockyard Corporation, described ts Lots I to g, both inclusive, Block 4, Official Nos, 3111101 to 3111109, both Inclusive. nod Lots 1 to 6, both inclusive, Block 5, Official Nos. 3111201 to 3111206, both inclusive, renamed from General Residence District to Heavy Industrial District; nad RHEREAS, the City Planning Commission has recommended that the above described property be rezoned ns requested; sad RHEREAS, notice required by Article Xl, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in The Roanoke Norld-News, a newspaper published In the City of Roanoke, for the time required by said section; and MHEREAS. the hearing as provided for in said notice published it said newspaper was given on the 5th day of Batch, 1936, at 2:00 o*cloch, p. w,. before the Council of the City of Roanoke in the Council Room in the Uunicipal Building, at which bearing no objections were presented by property owners and other interested parties in the affected area; and WDEREAS, this Council, after considering the application and the evidence both for and against said renaming, is of the opinion that tbe above property should be renamed as requested. THEREFORE, D~ IT ORDAINED by the Council of the City of Roanoke that Articl I, Section 1, of Chapter SI, of tbe Code of tbe City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particulars and no others, viz: (a) Lots 1, 2, 3 and 4, Block 1, Official Nos. 3110801 to 3110S04, both inclusive. Lots I to 7, both inclusive, BIDER 2, Official Nos. 3110901 to 3110907, both inclusive. Lots I to lg, both inclusive, Block 3, Official Nos. 3111001 to 3111019, both inclusive. be and abe same are hereby changed from General Residence District to Light Industrial District, and tbe Map herein referred to shall be changed ia this respect. (b) Lots I to 9, both inclusive, Dlock 4, Official Nos. 3111101 to 3111109, both Iuclosfre. Lots 1 to 6, both inclusive, Block 5, Official Nos. 3111201 to 3111206, both inclusive. be and the same are hereby changed from General Residence District to Heavy Industrial District, and the Map herein referred to shall be changed in this respect, The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Banes, Maldrop, Rubber, Young, and the President, Mr. Moody ..................... NAYS: None ........ ~ .............. O. (Mrs. Pickett absent) STREETS A~D ALLEYS: A public hearing on the request of M. Clayton Lemon, M. D.' Draper and Rose g. Rice that Patrick Henry Avenue, N. E., throughout its length over the land embraced within the Map of Onion Stock Yard Corporation, mud Lone Oak Arcane, H. H., east of Larcbwood Street, be permanently va~ated, discontinued end closed, having been set for 2:00 o'clock, p. m** Hatch S, 1956, and notice of the hearing having been published il The Roanoke ~orld-Wews on February 17, 1656, and the City Planning Coumissiou having previously presented n report, recommending that the request of the petitioners be granted, the hearing Was held. Mr. C. £..Hunter, Attorney for the petitioners, appeared before Council and requested that the body concur in the recommendation of the City Planning Coemission. no one appeared in opposition to the request. #r, ~aldrop moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (e12670) A~ O~DINANCE vacating, discontinuing and closing Patrick Henry Avenue, N. E** throughout its length over the land embraced within the Hap of Union Stock Yard Corporation, and Lose Oak Avenue east of Larehwood Street, W. £., and approving deed vacating the same, WHEREAS, ~. Clayton Lemon, Rllliam B. Draper and Rose M. Rice are the owners of all land shomn on Rap of Union Stock Yard Corporation, dated April 11, 1930, and of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Cook lgS, page 402; and [HEREAS, said owners have agreed tothe closing and vacation of that part of Patrick Henry Avenue, N. E., which is located within the boundary of the land shown on the Map of Union Stock Yard Corporation, and also Lone Oak Avenue, N. E., from its intersection with Larchwood Street (formerly Nilson Avenue) to Patrick Henry Avenne, as the name appears on said map, and to the re=location of Patrick Henry Avenue, an shown on Plan No. 4162, dated January 26, 1956, in the Office of the CityEngiueer; and NREREAS, au application mas made to City Council by said owners for approval of said agreement, and thereafter said agreement wss approved by the City Planning Commission, to mhom the matter was referred by City Council for investiga- tion and report;and MBEREAS, W. Clayton Lemon and Ruth B. Lemon, his wife, Willism R. Draper and Lemis Frye Draper, his wife, and Rose M. Rice (widow) have executed a deed, pursuant to Section 1§-766.1 of the Codeof Vlrgluia, wherein said agreement is fullyset forth; and RRER£AS, noticeof a hearing onthe application has been duly and timely published in *The Roanoke Morld-Wews*, n newspaper published in the City of Roanoke; and MflER£AS, the hearing as provided in said notice published in said news- paper was held onMarch 5, 1955, at2:OOo*clock~ p. m.,before the Council of the Cltyof Roanoke, in the Council Room in,the Hnnicipal Building, at.which hearing no objections were presented by property owners and other interested parties in the affected area; and- · 154 WHEREAS, this Council, after considering tko application and the evidence both for and against the same, is of the oplaicn that said application and deed should be approved. NOR, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that this body officially expresses its approval of the vacation and closing of. the hereinafter described streets situate In the City of Rounohe: Patrick Henry Avenue, H. E., throughout its length over the land embraced within the #sp of Onion Stock Yard Corporation, dated April. 11, 1930. and Lone. Oak Avenue, N. E., east of Larchuood Street (formerly Wilson Avenue) as shown on said map; and that all right, title and interest of the City of Roanoke and of the public ia the above described streets are.hereby released insofar as this Council is empowered so to do, the City of Roanoke. however, reserving thereto its public easement ina through and under said streets for such sewer lines, storm drains and water wains as may presently exist in said streets, together with the right of ingress and egress for the maintenance and repair of such utility facilities as way now exist In said streets. BE IT FURTHER ORDAINED that the City Engineer be directed to mark "Per.amen Vacated, Discontinued and Closed" the above described portions of said streets on all maps and plats on file in his office upon which said streets may be shown with appropriate references to the book and page of Resolution and Ordinance of this Council wherein this Ordinance shall be spread and to the boot and page of the deed book'in the Clerkts Office of the Hustings Court of this City where the instrument executed and acknowledged by the abutting land owners shall be filed for record. HE IT FURTBER ORDAINED that the deed entered into be.mesa W. Clayton Lemon and Ruth B. Lemon, his wife, William H. Draper and Lewis Frye Draper, his wife, and Rose R. Rice, dated January 31, 1956, vacating said parts of said streets, pursuant to Section 15-766ol of the 1950 Code of Virginia. be, and the same is, hereby approved, except, that the streets wentioned therein shall remain open temporarily until all covenants in said deed contained with respect to grants to the City of Roanoke of laod for street widening and street relocation have been performed. BE IT FCRTHER ORDAINED that the Clerk of this Council deliver to Co Hunter. Esqalre, attorney for the abutting landowners, a certified copy of this Ordinance to be attached to the aforesaid written instrument, signed by the aba.ting owners and to be filed for record with the same ia the Clerk's Office of the Hastings Court of the City of Roanoke. The motion was seconded by Rr. Young nod adopted by the following vote: AYES: Council members Davies, Hanes, Yaldrop, Webber, Young, and the President, Rr. Woody ................. ,, NAYS: Nooe ................... Oo (Rrs. Pickett absent) ZONING: A public hearing having been set for 2:00 o'clock, p. w., Rarch S. 1956. on the request of a. E. Quick and the Tines-World Corporation that several tracts of land located on Brandon Avenue and Colnnial Avenue. S. e.. be rezoned from General Residence District to Business District, and notice of the hearing hnvlag heel pabliahed in 7he Moanehe Morld-~ema .on Febrenry '17, 1956, end the City Plallilg Commiaainl hiving previously aubmitted I report, recommending that the request of the purl,loners be,granted, the hearing mas held~ · Mr. M. A. Oichinaon~ Attorney fur the Tlmea*Morld Corporation,' appeared before Council and r~quested that the body concur in the recommendation of the City Planning ~ommiasion and rezone the property as requested. Nc. M. H. Armlstead, XXI, President of the Times-World Corporation. appeared iud advised Council that his corporation is leasing to the firm of Goodman, Segar, Hogan, Incorporated, of Norfolk, Virginia, for a period of fifty-five years, the property it is requesting be rezoned, for the development of a shopping center, provided the property can be rezoned as requested.. Mr. R. R. Quick, one of the petitiooers, appeared and'explained the plan fo~ the development of the property, Mr. Quick presenting Hr. Hunter A. Hogan, Jr., of Norfolk, Virginia, who is one of the developers. Mr. Hogan explaining that it Is intended to construct a modern shopping center on the property with stores aggregating approximately 250,000 square feet of space and costing between $2,500,000.00 and $3,000,000.00. Mr. Quick also presented a petition, endorsing the requested rezonJng, bearing seventy-four signatures of residents In the neighborhood affected. Hrs. William il. Cook, residing at 2521:Hinthrop Avenue, S. W., also appeared! in support of the request. Mr. H. T. Edwards, Attorney for Mr. and Hrs. Samuel Splgel, as well as Mr. Julian H. Martin, appeared before Council and stated that rezoning the property as requested would be detrimental to the residential character of the property of his clients located in the rear of and adjacent to a portion of the property on which rezonlng baa been'requested~Mr. Edwards farther pointing out that the City Planning Commission in recommending the requested rezoning also recommended the acquisition of necessary land to provide for the widening of Hrandon Avenue to eighty feet fora four-lane divided highway with adequate turning lanes, which he stated would cost in excess of~$BO,000.00, and that he hasbeen informed by the city*s Traffic Department that the construction of the proposed shopping center mould increase the traffic load on Hrandoa Avenue by 4,500 automobiles per day, mhtcb* would bring the total.traffic load on the.street to,approximately '20,000 vehicles per day. ~ ' ,. :~'. ~ · , Also appearing in opposltlon to.the.request; were'Mr;. Andrew S. Coxe, Attorney for MF**J..E. Mlllett, Mr. C..R. Paxton, 920 Twenty-second Street, S. and Mr. Samuel Splgel.- ....... . Mr. William G. Andrews, 3429 Valley View Avenue, ~. M.~ appeared'before Council. and presented a petition from residents onValley View Avenue, Courtland Avenue, Tennessee Avenue and Oakland Boulevard, Nj W., and Mlldhurat Avenue, N. E., stating that if Council' Is going to.expend $90,000.00 to $100,000.00 for street improvement purposes:they feel.that thesum should,not be expended on Brandon Avenue, bat should*be used to construct,.sidewalk, curb and.gutter, streets, sewera and storm drains In the areas annexed in 1949 sack aa.the one in which he resides.. ' . · · !, ~, ~' ~ .... Mr. Core nifo presented 8 petition, opposing the requested rezoaleg, signed by approximately sixky residents of the Colonial Heights nad Broaden Avenue urea. Br. Webber pointed out that Council is considering · rezoaing request and eot the question of widening Brhtdon Avenne et this tine. Ur. Maldrop moved to table the mutter for one meek uBd to iestruct the City Manager to study the cost of widening Braldon Avenue ns recommended by the City Planning Commission, including the cost of acquisition of rig.s-of-ua! and other Mr. Jabber then moved to table the rezonlng request for one meek and to defer consideration of iuprovemeets to Brnndon Arenue until 1957 budget studies are begun; also, to direct the City Manager to consult math the Virginia Report- menu of Hlghmays and ascertain Ir the state mill participate in the proposed improvements tn Hrandon Avenue. The notion mas seconded by Mr. Maldrop Rnd adopted. PETITIONS ANO COH#UN1CATIONS: STREET LIGHTS: The City Clerk presented a communication from the Appalachiae Electric Pomer Company, reporting the installation of twenty 21000 lumen underground mercury vapor street lights on the Jefferson Street Viaduct during the month of Febrnary, 1956. The communication was ordered flied. TAXES: The City Clerk presented a communication from Mr. J. £. Fogle, stressing the need for economy in the operation of the municipal government. Mr. Maldrop moved to file the communication. The motion was seconded by Mr. Hanes and adopted. REPORTS OF OFFICERS: LEGISLATION-OFFICE HOURS: Council at its meetin9 of February 20, 1956, having directed the City Manager to study the office hours maintained by the various constitutional offices in the municipal government, the City Manager submitted his report, transmitting communications from the various departments not under his administrative control, shoving the hours during which the offices remain open to the public. The report mas ordered filed. CITY PROPERTY: The City Manager having previously recommended that certain charges be made for the rental of public buildings and Council at its meeting of January 16, 1956, having directed the preparation of an Ordinance, providing for such rentals, the City Manager presented a proposed Ordinance, providing for rental charges for the use of Rochledge Inn and Mountain View,. which he recommended be adopted. Mr. Maldrop moved to concur in the recommendation of the City Mauager and offered the folloming emergency Ordinance: (~12671) AN ORDINANCE amending Chapter 38, Public Buildings in C~nerai, of the Code of the City of Roanoke by the addition of a new section establishing a schedule of charges for the use of certain public buildings hnomn as Rockledge Xnn and Mountain Viem; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 21, Page 291.) Mr. Muldrop moved the adoption of the Ordinance. The motion mas seconded by Mr. Davies and adopted by the folloming vote: AYES: Council members Davies, Manes, Maldrop, Webbere Young, and the President, Hr. Moody ........................ 6, NAYS: Nose .......................... O. (Mrs, Pickett absent) ZONING-SETBACK LINES: The City Manager reported that he has made ns attempt to negotiate /or the transfer of a lO-foot strip of land to the Y.M.C.A. on tbs east side of its property located on the northeast corner or Church Avenue and Fifth Street, S. W., to offset the laud required by the city for the uidening of Fifth Street along the mestern boundary of the Y.M.C.A. property, but hms been unsuccessful. Mr, Yebher mound to file the report and to direct the City Manager to negotiate mith the property amber for a strip of land ten feet wide along the )roperty on the east side of Fifth Street, S. M., from Campbell Avenue south to an alley, for ~treet mldening purposes, and to submit his report thereon. The motion mas seconded by Mr. Manes and adopted. . MUDGET-JUV£NILE DETENTION MOMS: The City Manager reported that the motion picture projector in uae at the Juvenile Detention Nome being obsolete and no longer manufactured cannot be economically maintained and that the State Departeent of Yelfare and Institutions bas agreed to reimburse the cost of purchasing a'nem movie projector, the City Manager recommending an appropriation of $425.00 for this purpose. Mr. Manes moved to concur in the recommendation of the City Manager and offered the following.emergency Ordinance: (a12672) AN O£DiNANCEto amend and reordain Section n31, "Juvenile Metentfon Home", of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 292.) Mr. Manes moved the adoption of the ~rdfnance. The motion was seconded by Mr. Maldrop and adopted by.the.following vote: AYES: Council members Davies, Hanes,'Naldrop, Mebber, Young, and the President, Mr. Moody .................... HAYS: None ............ ~--~ .....O. (Mrs. Pichett absent) TRAFFIC-GRADE CROSSINGS: The City Manager reported that-the State Mlghway Department desires to purchase and install three traffic counters and recorders on the new Jefferson Street Viaduct, said counters~to bemaintained by the state, but to be operated by the city,:and.presented an Ordinance, authorizing the execution of an agreement with the State Highway Department, which he recommended be adopted. Mr. Davies moved to,concur.in.the recommendation of the City Manager and offered the following emergency Ordinance: (x12673) AN ORDINANCE providing for the Installation of certain traffic counters at various locations in the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 292.) f1'.57 '::!.58 #r, Davies moved the adoption or the Ordinance. The m,tiaa was seconded by Mr. Youzg azd adopted by the r,Il,ming vote= AYES~ Council members Davies, BaBes, Yaldrcp, Nebber, Y,nag, and the President, Mr. #o,dy ..................... 6. NAYS: Nome ....................... O. (Mrs. Pickett absent) PURCHASE OF PROP£RTY-STME£TS AND ALLEYS: Council at its meeting of August 29, 1955, having directed the City Mcaager to negotiate for the purchase of land necessary to connect Short Avenue and Pocahontas Avenue, N. E., the City aazager reported that Mr. Janes G. McConkey, Agent for the owner of the property, has agreed to sell the.city the land required for $1,375.00, and recommended that Council authorize the purchase of the necessary land at that price. Mr, Hanes moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (~12674) AN ORDINANCE providing for the acquisition of certain land to be used for the purpose of connecting Short Avenue, N. £., and Pocahontas Avenue, N. E., at a purchase price of $1,375.00. MHER£AS, Council deems it necessary and to the best interest of the public to acquire the land hereinafter described in order to provide a coaoection between Short Avenue, N. E., and Pocahontas Avenue, N. E.; and ffBEREAS, upon an appraisal of the value of said land, the City Manager has recommended its acquisition for the purchase price hereinafter provided, the same to be paid out of funds heretofore appropriated by the Council for Street Construction - Rights of Nay; and NBEREAS, Council is advised that the owner of said land is agreeable to the City*s acquisition thereof upon the terms herein provided; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are hereby, authorized and directed to acquire from Mrs. Claudine M. McConkey, or the lawful owner thereof, the following described parcel of land situate in the City of Roanoke, to-wit: ,BEGINHI~G at a.point on.the north line of Short Avenue, N. E., said beginning point being located S. H3o 06' E. 135.0 feet from the present northeast corner of Nilliomsoo Road and Short Avenue, said point also being corner to Lots I and 4, Block U, Map of Milliamson Groves; thence, with a new line through and across Lots 4, 5 and 6 of the aforesaid Block U, N. 66° 30' E. 148.92 feet to an angle point; thence, S. 69° 56* E. 5.06 feet to a point on the east line of Lot 6 and on the north line of Pocahontas Avenue, N. E., extended westerly; thence, with the east line of Lot 6, S. 13° 44* M. 76.54 feet to Short Avenue; thence, N. 83° 06' ~. 124.4 feet to the place of BEGINNING; containing 4,676,0 sqaare feet, more or less, and Being a portion of Lots 4, 5 and 6o BI,ch U, Map of the Milliamson Groves, said map being of record in Plat Book 1, pages 316 and 317, in the:Clerk's Office of the Circuit Court of Roanoke County, Virginia; at a purchase price of $1,375.00, cash, the same to be paid out of funds heretofore appropriated for Street Construction - Rights of May, a conveyance of said land to be made 'to the Cl~y in fee simple upon such form of deed as is approved by the City Attorney, and containing General Warranty of title and modern english covenants of title. The motion mum seconded by Mr. Young and od*pied by the foil*ming vote: AYES: Council members Davies, Danes, galdrop, Mebber, Young, and the President, Mr, ~oody--: ....................... 6. MAYS~ None ............................ O. (Mrs, Pickett nbseut) FIRE DEPARTMENT-POLICE DEPARTMENT: The City Manager reported the employment of Earl M. Moore in the Fire Department amd Robert Buckner in the Police Depart= meat, effective March 1, 1956o The report was ordered filed, REPORTS: The City Manager transmitted u report of the Department of Public Melfure for the months of December, 1955, and January, 1956, and submitted a list of departmental reports on file in his office. The report was ordered filed. STREETS AND ALLEYS: The City Manager reported that Mr. J. B. Harris bas offered to donate to the city a strip of land ranging in width from 10 feet to 20 feet for the purpose of widening Tyre* Avenue, N. W., on the south side, from Tennessee Avenue approximately 925 feet to the west, mhich he recommended be accepted. Mr. Maldrop movedto refer the offer to the City Planning Commission for study and recommendation, The motion was seconded by Mr. Davies and adopted. STREET LIGHTS: The City Manager presented a report, recommending the installation of street lights at various locations in the city. Mr. Young moved to concur In the recommendation of the City Manager and offered the following Resolution: (n12675) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution, see Ordinance Hook No. 21, Page 293.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Connci] members Davies, Hanes** Waldrop, Webber. Young. and the President, Mr. Woody ...................... 6. NAYS: Hone ........................ O. (Mrs. Pickett absent). SEMAGE DISPOSAL: The City Manager presented a Resolution, calling on tho State Water Control Board to take appropriate action to accelerate efforts to clear the waters of Roanoke River and its tributaries in end to the,west of Roan*Re, which he,recommended be adopted. Mr. Hanes moved to concur in the recommendation of .the City Manager and offered the following Resolution: (n12676) A RESOLUTION requesting the State Water Control Board, as expeditiously as possible, to discontinue issuing or renewing certificates for the discharge of sewage~ industrial wastes and other wastes into the Roanoke River and its tributaries within and west of the City of Roanoke; and providing for an (For full text of Resolution, see-Ordinance Hook No. 21, Page 284.) . Ir~.Hnues noted the adoption,of.the Resolutiee.**~he notiouJwas secooded by Hr. Davies an4.adopted by.tko followleg vote: . AYES: Council ne.bets Davies, Haees~-Valdrop, Webber~ Young, and the Presideni. Hr. ~oody ........ ~ ..... . .... 6.* - .. ' : NAYS: None ........ =--~ .......... O. (Mrs. Pickett nb,out) · REPORTS OFCORRITYEES~ ......... .. ,' . SEWAGE DISPOSAL: Council nt its meeting of February 20. 1956, baying · referred to 8 committee consisting of Messrs.-Roy L. Webber, Chairman, Jalter L. Young, Arthur $. Owens and Randolph G. Whittle u Resolution of the Council of the Town of Sale., requesting that the sewage.contract between the City or Roanoke and the Town of Sale. dated October 16,,1953, be ri.ended to allow the Tome of Sale. to accept wastes originating within the Hidden Valley Country Club area of Roanoke County, for study and recommendation, the.co.nit:ce saboN:ted Its report, recommending that the request of the Tome of Salem he granted. Mr. Raldrop moved,to concur in the recommendation of the committee and offered the following Resolution: (~12677) A R£SOLUTION amending the con:Fact of October 16. 1953. between the City of Roanoke and the Town of Salem dealing with the treatment of domestic amd commercial wastes; and providing for an emergency. (For full text of Resolution, see Ordinance Rook No. 21, Page*2~S.) Wt. Waldrop moved the adoption of the Resolution. The motion nas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Waldrop, Webber, Young,, and the President, Mr. Woody ......................... 6. NAYS: None ........................... O. (Hrs. Pickett absent) LICENSE TAX CODE: Council at its meeting of November 20, IgSS.~ having directed that a committee consisting of Ressrs, Harry R. Yates, Chairman, 3. N. Kincanon and Jo Robert Thomas prepare the necessary Ordinance tn increase license~ tax.fpo, on motet vehicles othe~ than private passenger motor vehicles,:the committee submitted its report, transmitting a proposed amendment to Ordinance No. 12331. providing for license taxes on privately owned trucks, trailers, etc., which it recommended be adopted, and /ur:her recommending that prior to the adoption of a revised City Code. the city no:oF vehicle license tax section be rewritten to parallel the state law as to classification and tax basis. Wt. Davies moved to concur in the report of the committee and offered the following e~ergency Ordinance: (u12678) AN ORDINANCE amending and re-enacting Section3. Privately Owned Trucks. Trailers. Etc.. of Ordinance No..12331., heretofore adopted on the 28th day of February. 195S, relating to annual license taxes on, certain motor vehicles end certain motor vehicle carriers; and providing for an emergency. (For f~ll text of Ordinance, see Ordinance Book Ho. 21, Page 287.) Wt. Davies moved the adoption of the Ordinance. The motion was seconded by Hr. Hanes and adopted, by the following vote:. *. **'161 AYES: Council members Davies, Naaes, Waldrop, Nebber, Young, nod the President, Mr, #cody ................... 6. - ; NAYS: None ..................... O. (Hrs. Pickett absent)- WATER DEPARTMENT: Cocncil et It; meeting c! February 27, i956, having referred to a committee coasistiog of Xessrs, Arthur S, Owens, Chalrmon, John L. Neotmorth and G. H, Bunion bids received rot street nnd sidewalk restoration occasioned by the normal doily operations or the Namer Department for tabulation nad reportb-the.commlttee submitted its.report and tabulation, showing the bid of John A. Hall and Company; ia the amount of $41,702.S0, ns low, and advised that this bid is approximately 14% higher than the present contract under which John A. Ball and Company is performing the work. The City #monger stated that the contract under which this work is being performed at present is approximately 12% higher than the contract for the previous and that the bid now before Council being 14% higher than the present contract *esulta in a 26% overall increase In two years, the City ganager suggesting that that a savings of besueen $5,000.00 and $10~000.00 could be effected thereby. Hr. Young moved to table the matter-and to Instruct the Manager of the Yater Department to contact John A. Ball and Company and attempS to extend thc present contract uuder mhich this restoration work is being performed foF an indefinite period; also, tc Instruct the City #anager to make a study of the costs and capital outlafs Involved in the city using its own forces to restore streets where cuts are made by the Water Department and to report the results to Council. The motion mas seconded by Mr. Hanes and adopted. UNFXNISHED BUSINESS: NONE. . CONSIDERATION OF CLAIMS: NONE. -- INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SINKING FUND CO#RISSION: Mr. Webber stated that In the Investment of the city's temporarily excess funds it is necessary to leave securities In the hands of the banks through mhlch they mere purchased from time to time In order to avoid the enpense of shipping said securities and that presently the City Treasurer Is wltbout authority to hold a receipt in lieu of the securities, Mr. Nebber offering the following emergency Ordinance: (u1267g) AN ORDXNANCE authorizing the Sinking Fund Commission of the City of Roanoke to invest and reinvest certain money tn the General and several special funds of said City when such money is or becomes available for the purpose in such United States securities and City of Roanoke Bonds as the SinkingFund Commission deems advisable; directing that the securities so purchased shall be under the control of the Sinking Fnnd Commission; authorizing the securities so purchased, at the direction of the Sinking F~nd Commission, to be held by the hank through which said securities were purchased; authorizing the Sinking Fund Commission to accept the bank's receipt for'any sec5rities purchased, and the City Treasurer to hold such receipt, in lieu of such securities; authorizing and directing said Commission to sell such of the securities so purchased at such times when in the discretion of the Sluhiug Fnnd Commission such sales nrc deemed to be sdvisoble aid will permit redeposit or sufficient money (together mlth earned iuterest) to the respective funds to pay all checks lawfully drnwo against such rands mhen presented~ and providing for an emergencr. . ~ ~, : * (Fo~ rail text of Ordinance, seeOrdluaace Oook No. 21, Page 288.) UFo Webber moved the adoption or the Ordinance. The mottos mas seconded by Hr. Banes nod adopted by the following vote: AYES: Council uembers Davies, Bones, Waldrop, Webber, Young, and the President, Mr. Woody ................. 6. RAYS: None ................... O. (Mrs, Pickett absent) WOYIONS AND ~ISCELLANEOUS BDSINESS: SEWAGE DISPOSAL: Messrs. George W. Reed and Leo F. Henebry, omners of property in the north Bolllns Road area, appeared before Council end asked that an effort be made to expedite authority for the connection of sewers from their property now under development into the county's trunk line now being constructed along Tinker Creek to the north Il area. Mr. Webber, Chairman of Conncilts committee considering the matter, adrlsed that every effort is being made to expedite the matter mith the county and that the committee expects to submit its report and recommendation in the near future. There being no further business, Council adjourned. APPROVED ATTEST: ~ COUNCIL. REGU/~R MEETING, #oudey, March 12, 19Sa. The Council of ~he City Of Roanoke met ia regular meeting in the Council Chamber iu the Municipal Huilding, Honday, March 12, 1956, at 2:00 .*clock, p. the regular meeting hour, with the President, Mr. Moody, presiding. PRESENT: Council aembern Davies, Hanes, Pickett, Wa/drop, Webber, Young, and the President, Hr. Woody ................... ?. A~SENT? None ........................... O. OFFICERS PRESENT: Mr. Arthur S, Owens, City Manager, Mr. Randolph G. Mhittle City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting mas opened with a prayer by the Reverend C. H. Mickham Pastor of the Rockingbam Court #ethodlst Church. MINUTES: Copies of the minnies of the regular meetings held on February 27, 1956, and March $, 1956, having been furnished each member of Council, upon motion of Mr. Hanes, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEARINg OF CITIZENS UPON PUBLIC MATTERS: SIDEWALK, CUBS AND CUTTER: Council having previously directed readrertising for bids for the construction of concrete sidemolk, curb and gutter at various locations in the City of Roanoke, the City Clerk reported.the receipt of five bids, one of which was received fourteen minutes late. Mr. Davies moved that the bid be received. The motion was seconded by Mr. Young and adopted. The following bids were then opened and read to Council: Draper Construction Company, $86,300.O0; Hartman Construction Company, $?g,500.OO; Pioneer Construction, Comp,fly, Incorporated, ~OS,400. O0; Adams Construction Company, }80,920.00; and Riley N. Jackson Company, Mr. Young moved to refer the bids to a committee consisting of Messrs. Arthur S. Owens, Chairman, John L. Wentworth and fl. Cletus Droyles for tabulation and report. Them,tiao was seconded by Mr; Hanes and adopted. PETITIONS A~D COMRUNICATIONS: STREET NARES-STREET EXTENSION: The City Clerk presented a communication from Ur. and Mrs. C. R. Hamilton, advising that by reason of the construction of the SeoruRoebnck,ond-Compnsy building their.street address on Rllliamson Road has been lost and that,Mllkius Street is being opened through their property and requesting that that portion,of Milkius Street in the vicinity of their property which ls,a continuation of Fourth Street, N; E;~ be redesignated to Fourth Street, N.E. Mr. Kebber moved to refer the request to the City Planning Commission for study and r~commendation, tncludiug the question of opening Mllkins Street the Hamilton property and to appo,lnt a committee consisting of Rayor Moody, Mr. Baiter Lo Young and Mr. Arthur S. Owens to study the problems :1.64 mklch would be encountered iu opening sold street uud the cost thereof. The motion mos secoudad, by Mr, Maldrop end udopted. SERAPE DISPOSAL: The City Clerk presented 8 Resolution of the Bourd of Supervisors or Rouuoke Coenty,.requeeting an amendment to the contract of September. 28,. 1954, between the City or Roanoke end the Countyof Roanoke, dealing With the tree*wen*of domestic end commercial Wastes, by the addition or the property of Miller E. Petty and the N. ¥, Donley Estate lying north of the corporate limits er the City or Roanoke nad east et H. S. Route Ho. Mr. Hanes noted to refer the request to u committee consisting of Reusrso ROT L, Webber, Chairnan,=Walter L, Young, Arthur S. Owens and Randolph B. Nhittle for study and reconneudatlon. The motion was. seconded bT Mr. Davies and adopted. gECREATION DEPARTR£NY-CIYY PROPERTY: The City Clerk presented a connunJcu- lion from MF,.G. M. Reed, Jr., Attorney for Mr. Raymond J. Fox, requesting that the city lease a portion of the old City Farm property on Colonial Avenue, S. M,, to the petitioner for operation of a golf driving range. Mr. Maldrop moved to refer the matter to the City Manager for study and recommendation, The motion mas seconded by. Mr. Webber and adopted. MATER DEPARTMENT: The City Clerk presented a communication from Mr. N. B. Felly, Jr** requesting that the city build tmo more loading and unloading ramps for boats at Carvins Cove. Mr. Hanes moved to refer the request to the City Manager for study and recommendation. The motion mas seconded by Mr. Davies end adopted. STREETS AND ALLEYS: The'City Clerk presented a communication from the City Planning Commission, advising that.the Comprehensive City Plan recommended the development of Nineteenth Street, N. M., to connect with Williamson Road, with a JYO-foot right-of-way, and that constraction is nnwunderway for a residence Lot 1, Block.l, Dorchester Court, and a contract has been signed for the construction of a residence on Lot 2, Block 1, Dorchester Court, located at the Intersection of Ravenwond Avenue and Grandylew Aven~e, No W., the City Planning Commission recommending that Council acquire a 35-foot strip along the rear of Lots 1, 2 and 3, Hlock 1, Dorchester Court, for the futureextension.of Nineteenth Street, N. W., uhfch property the owner has agreed to sell for.$3,000. O0. Mr. Young moved to table the matter until the next regular meeting of Council, in order that the members might study it. The motion was seconded by Mr. Waldrop and adopted. STREETS AND ALLEYS: The City Clerk presented a communication from the City Planning Commission, advising that Mrs. Nancy L. Hamilton has offered to convey to the city.a strip of.land approximately 150 feet in length on the south side of Sycamore Avenue, N. E., east of Lukens Street, and recommending that Council accept the offer. Mr. Robber.moved-to refer the matter to a committee consisting of Mayor ~oody, Mr. ~alter L. Young and Mr. Arthur S. Owens for study and recommendation. fhe motion was seconded by Mr. Hanes and adopted. CITY JAIL: The City Clerk praseated~a.oownunicatlon from the City Sergeant, requesting authority to eater Into a contract with the United States Governnent rot keeping of federal prisoners ia the City Jail at a cost or $1o2Sper day, said contract to cover a period of three years beginning April 1, 1g$6, and advising that the present contract which expires March 31.!g56, is.rot $1.oo per day. Mpg Mebhev saved to direct the City Attorney to prepare the necessary Resolution, carrying out the request of the City Sergeant. The notion was seconded by Mr. Maldrop and adopted. REPORTS 0¥ OFFICERS: AIRPORT: The City Managerreported that a contract, leasing to Marren Kinsey fifty acres of land at the Roanoke Municipal Airport for five years at a rental of $$.00 per acre per annum, expires March 31, 1956, and recommended that Council authorize a new lease to Mr. Rinsey for a term of five years on the same conditions as the present lease, except that the leased land be Increased to age hundred acres. Mr. Hanes moved to refer the matter to the City Attorney to study the question of liability for damages on the part cf the cityin.the event of live stock from the leased area getting on the airport operational area and causing a wreckor damage~ also, the qoestion of the.legality of entering intothe contract without advertising for bids on the lense, and to submit his report thereon. The motion was seconded by Mrs. Pickett and adopted. Hr. Young then stated that if there is any probability of aa accident occurring by reason of the leasing of the property, in his opinion, Council should not consider leasing the land at all and moved to direct the City Manager to investigate the probability of any accident occurring by reoson of leasing the property In question and to submit his. report to Council. The motion was seconded by Mr. Hanes and adopted. CLAIMS: The City Manager reported that Mr. Archelle Thornton, while voluntarily assisting a police officer in arresting two drunken men on the City Market, damaged his clothes and recommended that Mr. Thornton be reimbursed $10.00 to cover the loss suffered. Mr. Maldrop moved to concur in the recommendation of the City Manager and to authorize the payment of $10.00 to Mr. Thornton. The motion Mas seconded by Mr. Hanes and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of January 30, 1956, having received a communicatlonfrom the City Planning Commission, recommending the acquisitionof certain property at the intersection of Lnhens Street and Orange Avenue (Route 460) N. E** and having directed the City Manager to make a study of this intersection and report taft what property will be needed to accomplish the proposed plans for this intersection and submit au estimate of the cost thereof, said cost estimate to include the grade separation project, the City Manager reported that as a result of his studies it has been ascertained that twelve parcels of land will be required to provide right-of-may *,166 far the proposed clover-leaf grade separation et the intersection and permit the closing of certalm streets ia the area, aid in addition, acquisition of the said land alii provide additional area for the Hooker T. Mashlngtoa Junior High School, which the Superintendent of Schools has advised Is necessary, the City Hana~er advising further that he has received firm effern from Leon B. lytcben to convey to the city Lots 23-27, inclusive, Block 1, Lincoln Court, for $4,500.00, and from John A. Holmes to convey to the oity Lots IS and 16, Block 1, Lincoln Court. for $1,$00.00. estimating that the remainder of the land will cost approximately $19,600.00 end that the cost of the grade separation clover-leaf will be approximately $S11.200.00. In this connection, the City Clerk presented a comnnnication from the City Planning Commission, stating that it has studied the properties at the lntersectlom Jn relation to the Hooker T. Mashlngten Junior High School and streets which should be vacated for proper developuent or Lnkens Street and for reasons of safety and is of the opinion that it will be advantageous to the city in the future expansion of the school and the development of Lnkeus Street to purchase the twelve parcels of land recommended by the City Manager, the City Planning Commission advising further that it feels Lots 15 and 16. Block l, Lincoln Court. on which a residence is now under construction, and Lots 17 and 18, Hlock 1, Lincoln COUrt, on which excavation has been begun for another residence, should be acquired immediately. After some discussion, Mr. Mebber moved to direct the City Attorney to prepare an Ordinance, authorizing the acquisition of Lots IS nod 16, Hlock l, Lincoln Court, from John A. Holmes, at a price of $1,S00.00, and Lots 23-27, inclusive, Hlock 1, Lincoln Court, from Leon R. Eytchen. at a price of $4,500.00, and to direct the City Manager to negotiate with the owners of Parcels No. 2 and Nos. 4-10, inclusive, on the list submitted with his report and to report thereon to Council. The motion was seconded by Mr. Young and adopted. Mr. Hanes then moved to direct the City Clerk to ask the City Planning Commission to advise whether or not it feels the Commission should establish priorities for major constroction projects in the city. The motion was seconded by Mr. Davies and adopted, REPORTS OF COMMITTEES: NONE, UNFINISHED BUSINESS: ZONING: Council at its meeting of March 5, 1956, having held a public hearing on the request of the Tim~-World Corporation and Mr. R. R. Quick for the rezoning of certain properties at Brandon Avenue and Colonial Avenue, S. M., and having tabled the setter until the next regular meeting of the body, the matter was again beYore Council. gessrs. M. M. Armistead, III, President of the Times-Marld Corporation, and M. A. Dickinson, Attorney for the Times-Morld Corporation, as well as Mr. R. R. Quick, appeared in support of the request. Mr. R. T. Edwards again appeared in opposition to the proposal. Mr. Clifton I. Moodrcm, Jr., appeared and stated that in his opinion only one major shopping center will be erected in the City of Roanoke and that since rezoned of land and he iu interested II the erection of n shopping cea,er OB Melrose Avenue. N. ot the corporate limits of the city. rot which land has already been resound, he is opposed to the manning of uddftioaaiareos to b~sfuesa for that purpose. gr. Young moved that Council concur in the recommendation of the City Planning Commission for r~zoalng, with the understanding that such action does not indicate Councilts intent to provide rot improvement of Grandam Avenue. and that the following Ordinance be placed upon its first reading: ¢a1268o) AN ORDINANCE to amend and reenact Article f. Section 1. of Chapter 51 of the Code of thc City of Roanohe. Virginia. in relation to Zoning. MHEREAS.'appIicatlon has been made to the Council of ,be city of Roanohe to bare those tracts or parcels of land located in the City of Roanoke. State of Virginia. described as follows: (1) Three tracts located on the southerly side or Rrandon Avenue and designated as Official Lots No. 1270721. 1270402 and 1270403. (2) That certain tract containing approximately 4.67 acres lying on the southerly side of Rrandon Avenue and designated as Official Lot No. 1250928. (3) That certain tract containing 24.85 acres lying on the northerly side of Colonial Avenue and consisting of Official Lot No. 1270719; Lots 21. 22 and 23. Section 5. Manana Addition. designated as Official Lots No. 1270121. 1270122 and 1270123. respectively; the northerly part of Lots lg and 20. Section 5. Manana Addition. designated as Official Lots No. 1270144 and 12TO145. respectively. from General Residence District to Business District; and MHEREAS. the City Planning Co=mission has recommended that the above parcels be resorted from General Residence District to Hnsiness District as requested WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in 'The Roanoke World-News#, a newspaper published in the City of Roanoke, for the tine required bi said section; and NREREAS, the hearing as provided for in the said notice published in the said ue,spaperwas held on the.Stb day'of March, Id56, at 2:00 o'clock, po before the Council of the City of Roanoke, in the Council Room in the Municipal Building. atwhich hearingevidence both for and against said renaming was presented by property owners and other interested parties in the affected area; and WHEREAS, this Council, after considering the application for rezoning, is of the opinion that the aborn parcels of land should be rezoned as requested. THEREFORE, ~E IT ORDAINED by,the Council.of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning. be amended:and reenacted in the following particular and no other, ViZ: The following:tracts orparcels of land located in the City of Roanoke, Virginia; described os fellows: ....... (1) Three tracts located on the southerly side of Brandon Avenue and designated as Official Lots No. -12TOY21,.12T0402 and;12?O/03. :. . . (2) That certain tract containing approximately ,. d.&? acres lying on the southerly side of Orandoo Avenue and designated:ag.Official Lot.No, 1250926, '167 (3) That certain tract containing 24.85 acres lying on the northerly side of Colonial Avenue and consisting of official Lot Ho. 1270719{ Lots 21, 22 ned 23, Section $, Minonu Addition, designated ns Official Lots Ho. 1270121, 1270122 tod 1270123, respectively{ the northerly part or Lots 19 uld 20, Section 5, Min01o Addition, designnted us Official Lots No, 1270144 and 1270145, respectively, be and are hereby changed from General Residence District to Business District, and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Mebber, Young. and the President. Mr. Moody ..................... 6. NAYS: None ....................... O. (Mr. Maldrop not voting) ZONINO: Messrs. Julius and Morton J, Harris having submitted u request that Lot 5, Block 4, Corblesham Map, located at the intersection of Brumbletou Avenue end Ashby Street, S. B., he rezoned from General Residence District to Husiness iDiatrlct, and Council having referred the request to the City Planning Commission for study and recommendation at its meeting of August 23, 1954, the petitioners presented a communication, requesting that they be permitted to withdraw their original request for rezouiug. Mrs. Pickett moved to concur and to permit the withdrawal of the rezouJng request. The motion mas seconded by Mr. Maldrop and adopted. MATER DEPARTMENT: Council at its meeting of March 5, lgS&, having directed the Manager of the Mater Department to contact John A. Hall and Company and attempt to extend the present contract under which street and sidewalk restoration in connection with Mater Department activities is being performed for an indefinite period,.the Manager of the Nater Department reported that John A. Hall and Company has agreed to extend its present contract mhich would noraally expire March 7, 1956, for a reasonable length of time. Mr. Maldrop moved to file the communication. The motion was seconded by Mr. Davies and adopted. ZONING: Council at itsmeeting of February 27, 1956, having referred to the City PlanninR Commission for study and recommendation a request from Roy L. Beckner, et al, that their property located on the east side of Mllliamson Road 200 feet north of Liberty Road, N, E., being a portion of Lot 7, Block 1, Liberty Land Company Map, be rezoned fromOeueral Residence District to Business District, the City Planning Commission submitted its report, stating that in its opinian the land is suitable for development of the property for the extension of an already existing business and will not change the g~neral character of the neighborhood or adversely affect the value of the nearby residences, the Commission, therefore, recommending that the petitioners' request be granted. Mr. Young moved to.hold a public hearing on the request at 2:00 o'clock, p. m., April 2, 1956, in the Council Chamber. The motion mas seconded by Mr. Hanes and adopted. STREETS AND ALLEYS: Council ut its meeting of March 5, 1956, having referred to the City Planning Commission for study and recommendation as offer of Hr. J. B. Harris to donate to the city a strip of land along the southern side of Tyree Avenue, N.M,, extending.from Tennessee,Avenue mestmnrd approximately 925 feet, ranging. In width from twenty feet to a minimum of leu feet, the City Planning Commission submitted its report, recommending that Council accept the offer of Hr..Harris. Mr. lebber moved to direct the City Attorney to prepare au Ordinance, providing for the acceptance of the offer made.by Mr. J. B. morris. The motion was seconded by Mr. Young and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12669, rezonlng.Dlocks 1, 2 and 3, Union Stock Yard Map, from General Residence District to Light Industrial District, and rezoning Blocks ,4 and $,.Union Stock Yard Map, from General Residence District to Ileavy Industrial District, having pr~viously been before Council for its first reading, read and laid over, was again before the body, Hr, Maldrop offering the following Ordinance for Its second reading and final adoption: (n1266g) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter $1 of the Code of the City of Roanoke, Virginia, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 21, Page 289.) Mr. Waldrop moved the adoption of the Ordinance, The motion Was seconded by Mr. Davies and adopted by the following vote: AVES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Moody ................. 7. WAYS: None ....................... Oo STREETS AND ALLEYS: Ordinance No. 12670, vacating, discontinuing and closing Patrick Henry Avenue, N. E., throughout its length over the land embraced within the Map of Union Stock Yard Corporation, and Lone Oak Avenue, N. E., east of Larchwood Street, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Davies offertng the following for its second reading and final adoption: (~12&?O) AN ORDINANCE vacating, discontinuing and closing Patrick Henry Avenue, N. £** throughout its length over the land embraced within the Rap of Union Stock Yard Corporation, and Lone Oak Avenue east of Larchwood Street, N. E., and approving deed vacating the same. (For full text of Ordinance, see Ordinance Uook No. 21, Page 290.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pichett, Maldrop, Rabbet, Young, and the President, Mr. Moody ................. 7. NAYS: None ....................... O. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Ordinance Ho. 12674, providing for the acquisition of certain land to be used for the purpose of connecting Short Avenue and Pocahontas Avenue, N. E., from Mrs. Claudine M. McConkey, at a purchase price of $1,375.00 having previously been before Council for its first reading, read and laid graf, was again before the body, Mr. Hanes offering the following for its second reading and final adoption: 169 : 70 (a12~74) AN ORDINANCE providing for the acquisition of certain land to be used for the purpose of connecting Short Avenue, N. E** amd Pocahontas Avenue, N. £** ut u purchase price of $1,375.00. (For full text of Ordinance, see Ordinance Hook Ho. 21, Page 292.) Mr. Hanes moved.the .adoption of the Ordinance.. The motion mas secolded by MFS. Pickett and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber. Young, and the President, Mr. Moody .............. ?. NAYS: None .................... O. MOTIONS AND MISCELLANEOUS BUSINESS: BRIDGES-STADIUM: Mr. Yebber asked the City Manager about the status of the )roposed bridge over Roanoke River between South Roanoke Park and Maker Yield. The City Manager stated that Council bas never definitely decided what type )f bridge Is to be erected across the river and uatllaucb a decision is made be :aunot proceed. Mr. Mebber moved to direct the City Manager to secure bids for the installa- Lion of the bridge donated by the ~orfolk and ~stern Rallmay Company over Roanoke liver between South Roanoke Park and Mabar Field. Yke motion was seconded by Mr. ~avies and adopted. There being no further business. Council adjourned. APPROVED %TTEST: 1'17'.1 COUNCIL, REGULAR MEETING, Monday, March 19, 1956. The Council of the City of Roanoke met ia regular meeting in the Council Chamber in the Municipal Building, Monday, March 19, 1956, at:2:00 otclock, p. m., the regular meeting hour, with the President, Mr. Moody, presiding, PRESENT: Council members Davies, Hanes, Pickett, Maldrop, Mebber, Young, and the President, Mr. Moody .................. 7. ABSENT: None .......................... Oo OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Nhittle City Attorney, Mr. Harry Ro Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend M. T. Calhoun, Pastor of the Mesthampton Christian Church. BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING-SETBACK LINES: A public hearing having been set for 2:00 o'clock, p. m., March lq, 1956, in the Council Chamber, on the question of establishing building setback line s on Shenandoah Avenue, N. M., from Twenty-four. Street to the west corporate limits of the city, as recommended by the City Planuing Commission to Council at its meeting of February 20, 1956, and notice of the hearinghaving been published in The Roanoke World-Nema on March 2, 1956, the hearing was held. Mr. Milliam Hardin, Jr., President, Hardin Engineering Company, Incorporated 3362 Shenandoah Avenue, N. W.. appeared before Council and stated that a 40-foot setback line from the center of Shenandoah Avenue mould mean that the proposed future street line would eliminate parking on his land in front of his building and probably would mean that future widening of the street would necessitate cutting off the corner of his~bullding, Mr. Hardin suggesting that the setback line from Thirtieth Street westward be established tmenty feet from the present property line on:the north side of Shenandoah Avenue, leaving the present south line as established~ . , Mr. David F. Kllng, representing the Southern Machinery and Supply Company, 2745 Shenandoah Avenue, N. M.; appeared before Council and .stated that the establishment of the proposed setback line would place the new building line approximately eight feet inside thepresent Southern Machinery and Supply Company building ....... ~ .' : Bath of the gentlemen were informed that the establishment of a setback line does not mean that existing buildings will be bothered until such time as the city undertakes to widen the street, but that it prevents the erection of buildings or additions In the area orer the setback lines established, further, that if and when the city undertakes to widen the street, the procedure for acqoitingnecessaty property therefor and the payment of damages to existing buildings mill be the same whether or not a setback line is established., No one else appearing, Mr. Hanes moved toinstruct the City Attorney. to prepare auOrdinaece, providing for.and establishing a setback line on. Shenandoah ~172 Aveuuet N. W., from Twenty~fourth Street to the west corporate limits, forty feet from the center lime oe both the north end south sides of said avenue, es recommended by the City Planning Commission. The motion was seconded by Mr. Maldrop and adopted. PLUMBING CODE: A public bearing baring been set rot 2:00 o'clock, p. m.. March 19, 1956. in the Council Chamber, ia the matter of the proposed revision to the Plumbing Code of the .City of Roanoke, es recommeeded by u committee appointed by Council for that purpose, and notice or the hearing having been published in The Moanohe World-~ews on March 2, 1956, the hearing was held. Mr. flarry F. Bert of the Nelson Hnrdmarm Company appeared before Council and stated that he has read the proposed revision and is in favor of its adoption, ar. Horace C, EpFuill appeared before Council and stated that in his opinioE the revised Code should require that copper fittings used in plumbing meet the American Standards Association specifications. Mayor Woody stated that several plumbers have approached him and requested that the $$0.00 sewer connection fee required under Ordinance No. 12572 not be collected along with the plueber*s permit fee since it places a hardship on the small businessman to advance this fee for the home omner or builder. Ho one else appearing, Mr. Webber moved to refer the proposed revision to the Plumbing Code to the City Manager and the City Attorney for study, consideration of the proposals advanced, consideration of the question of providing for the collection of the $50.00 namer connection fee required by Ordinance No. 12572 along with fees on the building permit and putting the proposed Plumbing Code in proper form. The motion was seconded by Mr. Hanes and adopted. PETXTIONS AND COMMUNICATIONS: PENSIONS: The City Clerk presented a communication from the Board of Trustees of the Employees* Retirement System, advising that it has received an application for pension from au employee of a constitutional office who is still employed in the same position at bis full salary and an opinion from the City Attorney, addressed to the Commissioner of Revenue, stating that tn his opinion t~e Commissioner of Ravenna may, at his election, reemploy the person in bls office after he has been retired by the Board pursuant to the mandate of Section 6 (b) of the Pension Ordinance, even though tho person cannot be reemployed, because of his age. in any other of the city*s departments or offices, and even though such reemployment by the Commissioner might doubtless be regarded as contrary to the spirit and intent of the Employees' Retirement System, the Hoard further advising that it mas unable to approve the request for a pension and recommending that Council take action to revise the City Ordinance establishing the Employees' Retirement System so that employees of the constitutional offices will have the same rights and privileges, hut, also, be governed by the same restrictions as other city employees. Mr. Young moved to refer the matter to the City Attorney for study, and If in his opinion Council has the power to amend the Ordinance so as to prevent employees being rehired in any city department, including the constitntiunal offices, after being retired under the Employees* Retirement System. to prepare Ordinalce providing fur sneh tleedlent aid.present tame to Connnii. The motion mil seconded by #rD Davies tad adopted. STORR DRAINS: The City Clerk presented a CnllnnlettlOl rrcl Messrs. R, Wade and R, A, Nelson, residents of the 3200 bloch of Oaklnmt Avenue, N. reques%lng that action be taken to eliminate mater standing in Front of their esideeces after etch medium.to heavy raja. Hr. Mnldrnp moved to refer the matter to the City Manager for ttedy and ecommendttion, The motion mas seconded by Re. Young and adopted. REPORTS OF OFFICERS: CURD AND GDYTER-STREETS AND ALLEYS: Yhe City tanager presented a communica- tion From Hr. W. Clayton Lemon. offering to pay the entire cost of installation of curb and gutter on both sides of Thneston Avenue, N. E.. from Milllauson Road east tu Patrick Meaty Avenue. if the city mill pave the street after the installation or said curb and gutter. Hr. Webber moved to refer the matter bach to the City Manager to he handled administratively under existing policies. The motion mas seconded by Rates nndadopted. PURCMASE OF PROPERTY-ZONING-SETBACg LINES: Council at its meeting of Harcb 5, 1956, having directed the City Manager to negotiatemith the owners of a lot on the southeast corner of Campbell Avenue and Fifth Street, S. W., for the procurement of a ID-foot strip of land along the side of said lot Da Fifth Street for street midening purposes, the City manager reported that he has contacted Mr. J. D. Muffman. owner of the property, and has been advised by Rr. Muffnan that he will not entertain au offer of less than $30,000.00 for the lO-foot strip OF land required, the City Ranagersuggestieg that a decision be made at au early date on the widening of Fifth Street, S. W., between Campbell Avenue and Church Avenue, in order that the Y.M.C.A. may proceed with the location of theirbuilding on their property at the northeast corner of Fifth Street and Church Avenue. Inthis connection, Ressrs~ James M. Roore and C. W. Francis. Jr.. appeared before Council and stated that.the.Y.M.C.A, ls~,anxious to proceedwith the erection:of/its new building and requested that Council expedite action on its offer to convey to the city a strip of land along the front and side,'of its propert] Church Avenue and Fifth Street for $6,440.00. the city to construct storm drain, sidemal/,~cnrh and gutter, along mltb.midening the streets. · Rt.. Manes moved to take the:report of the City Ranager under consideration. inrthe offer of the Y.R.C~A. to sell the city a strip of landFrom its property along Church Avenue and Fifth Street at a price of $6.440. OO, the construct storm drain, sidewalk, curb and gutter, along with widening the streets.~and direct the City Attorney,to-preparethe necessary,papers for the urchaseof.said land. The motion was seconded by Rt. Waldrop and adopted. RECREATION DEPARTMENT-CITT PRDPERTYt Council at its meeting of-Varch 12~ 956,~havingreferred to the City Manager For study.and~recomnendation'a communication from Rt. G. N. geed,.Jr.o Attorney for gr. Raymond J. Fox, requesting that. the~city.lease to Rr; Fox a portion of the park land on Colonial 174 Avenue, S. #o, opposite the City Home, to be used for a golf driving range, the City leeager reported that he recommends the rejection ot the request since it mould.set a precedent of renting public parh property for private enterprises, mbich would not be in the best interests or the city. Mr. Young moved to concur in the report of the City Muesger nad to deny the request or Mr. Pox, The motion was seconded by Mr. Davies end adopted. MATER DEPARTMENT: Council et its meeting of March 12, 1956, baying to the City Manager rot study end recommendation · communication from Mr. N. Bo Felly, Jr** requesting that the city build twa additional ramps at Carvius Cove rot loading and unloading boats, the City Manager submitted his report, stating that his investigation revealed that rarely ever does it tahe over ten minutes to load or unload a boat and that the usage of the ramps at CaFvJas Cove is'not intense enough to justify the expense of constructing additional ramps, therefore, he cannot recommend compliance mlth Mr. Fairy's request. Mrs, Pickett moved to concur in the report of the City Manager and to deny the request of Mr. Felty. The motion was seconded by Mr. Davies and adopted. GARBAGE REMOVAL: The City Manager reported that the Purchasing Agent has received bids for three I l/2-ton trucks for the Garbage Department from Shackelford-Cox Truck and Machinery Company, in the amount of $8,713.44; Magic City Motor Corporation, in the amount of $9,311.82; Johnson-McReynolds Chevrolet Corporation, in the amount of $9,084.00; Dlckerson-Karnes GMC, Incorporated, in the amount of $Bo925.00; and Antrim Motors, Incorporated, in the amount of $8,929.50, and recommended that authority be granted for the acceptance of the low bid of Shachelford-Cox Truck and Machinery Company in the amount of $8,773.44, which amount is less than the appropriation contained in the 1956 bridget for the trucks. Mr. Hanes moved to concur in the recommendation of the City Manager and offered the following Resolution: (~12681) A RE$OLDTION accepting the proposal of Sbachelford-Cox Truck and Machinery Company, Roanoke, Virginia, for furnishing.the City of Roanoke three I l/2-ton trucks in the total amount of $8,?73.44 net; authorizing and directing the Purchasing Agent to purchase the trucks in accordance with said proposal; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 21, Page 294.) Mr. Banes moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Banes, Pickett, Maldrop, Mebber, Young, and the President, Mr. Moody ................ T. NAYS: None ...................... O. AIRPORT: In connection with a recommendation of the City Manager tolease to Mr. Marten L. Kinsey approximately one hundred acres of land at the Roanoke Municipal Airport for farm purposes, Council at its meeting of March 12, 1956, having directed the City Manager to study the question of the probability of live stock on the leased property wandering over the runways and causing a plane wreck and to submit his report thereon, the City Manager reported that bis investigation revealed that during the past tea years there have been three occasions'when animals were on the runways and that be believes If tho present lessee would agree to rnrm Without using live stock it would be appropriateto renew the lease as requested. Council also having directed the City Attorney to study the question or liability for damages on the part of the city in the event of live stock owned by the lessee getting os the runways and causing a wreck, as well as the qnestfoo of whether or not the land should be leased Without advertising for bids. the City Attorney reported that he has revised the proposed lease to provide that no animals or fowls shall be kept or permitted on any part or the land, to which revision Mr. Kinsey has agreed, and that in consequence of the amendment, no liability could arise, the City Attorney reporting farther that on the question of advertising, Cooncil, in its discretion, may or may not advertise for n lessee in n lease. Mr. Mebber stated that prior to bis coming to the Council meeting, Mr. Kinsey had telephoned him, stating that he would like to consult with the City Manager before the lease is approved. Mr. Banes moved to table the matter until the next regular meeting of Council, in,order to permit Mr. Kinsey to confer with the City Manager. The motion was seconded by Mr. Moldrop and adopted. BUDGET-TRAFFIC-POLICE DEPARTMENT:The City Manager submitted n report, stating that with the closing of the JeffersonStreet Grade Crossing and the limited opening of the new Jefferson Street Viaduct which hascaused drastic changes in the flow of traffic he has had made careful studies concerning the use of the streets along Shenandoah Avenue, Jefferson Street, ~ells Avenue and Center Avenue, in consequence of which he desires to install 111 parking meters in the area, the City Manager advising that on the basis of a very conservative eatimate the parking meters should produce ~3,374.40 per year andproyide a considerable increase in the amount of parking available for patrons of the downtown area, the City Manager recommending that Council appropriate $2,84g.13 to cover the cost of installing the proposed meters. · Mr~ Banes~moved to concur ia the recommendation of the City Manager and offered the following emergency Ordinance: (x12692) AN ORDXNANCE to amend and reordnin Section nbO,*Police Department" of the 1956 Appropriation Ordinance, andprovlding for an emergency. (For full text.of ordinance, see Ordinance BookNo..21, Page 295.)-, , Mr. Banes movedthe adoption of the Ordinance. The motion.wasseconded by Mrs. Plc~ettand ~dopted by the following vote: AYES: Council members Davies, Booms, Pickett,.Maldrop, Mebber, Young, and the Presldent~ Mr. Moody ................ 7. · ,. ~ATS:-None ................... ~--0. ~ ..... REPORTS OF COMMITTEES: ...... SIDEMALK, CURB AND CUTTER: Council at-its meeting of March'12,'1956, having referred to a committee consisting of Messrs. Arthur S. Owens, John L. Mentworth and B. Cletus Broyles bids received for the construction of concrete sidewalk, '175 17.6 curb and guttor~at~varlous locutioas, in the Viiy rot tabulation, tke committee submitted,its report,~skowiagtho bid.or flartusa CoostvuctiolCoupany, la the omount or $79,5oo.~0, as iow. Hr. Davies moved so amard the contract to the low bidder and offered the following Resolution: (s12683) A RESOLMTION accepting the proposal or Hartmaa Coustrnctlou CompSayo Roanoke, YJrgJnia, for the construction or concrete sidewalk and concrete curb end gutter at various locutions in the City or Roanoke in the totul sum or~$79,$oo, oo~ authorizing and directing the City Manager to execute the requisite contrQct; and providing for an emergency. (For full text of Resolatloa,see Ordinance HookHo. 21, Page 296.) Mr. Davies moved the adoption or the Resolution. Yhe motion uns seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop. Mebber and Young~---~--~ ................ 6. NAYS: The President, Mr. Moody ......... 1. In this connection, Mayor Moody stated that he has.been advised that a considerable decrease in the prices for sidemalk, curb and gutter might be bid if the city would abandon its present policy of requiring the contractor to install the projects on a priority system based on the date on'which the property owners put up their share of the cost of the projects and permit the contractor to schedule his work in such a manner that he could complete all of the projects ic one area before moving to another. After some discussion, Mr. Young moved to direct the City Manager in advertising for bids for this work in the next year to alter the specifications to provide that the successful bidder will be furnished a list of the work to be accomplished and the contractor mill be permitted to schedule the mo?k to his satisfaction, thus eliminating the necessity of projects being installed on a riority basis as heretofore done. The motion was seconded by Mr. Webber and adopted. UNFINISHED HUSINESS: PURCHASE OF pROPERYY-STREETS AND ALLEYS: Council at its meeting of March 12. 1956, having tabled until its next regular meeting a recommendation of the Cit' Planning Commissionthat Council acquire a 35-foot strip of land along the rear of Lots 1, 2 and 3, Block 1, Dorchester Court, for the future extension of Nineteenth Street, N. M., the matter was again before the body. Mr. Manes moved to refer the matter to the City Manager for study or the Cost of right-of-way and construction for the completion of the project and for consideration.of the ~easlbility of au alternate route for the extension of Nineteenth Street northward through the Huff property to Hershberger Road at such time as the Huff lands are subdivided and to sxbmit his report and recommendation thereon. The motion was seconded by Mr. Davies and adopted. .CONSIDERATION OF CLAIMS: HONE. INTRODUCTION AND'CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12660, rezoning certain properties nt Bruudon Avenue end Colonial Avenue, S. #., from General Residence District to Business District, having'previously been before Council for its first reading, read and laid over, was again before the body, Hr. Young offering the folloming rca its second reading and final adoption: (a126UO) AN ORDINANCE tn amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No, 21, Page 293.) Hr. Young moved the adoption of the Ordinance, The notion mas seconded by #r. Davies and adopted by the following vote: AYES: Council members Davies, Banes, Pickett, Rebber, Young, and the President, Mr. Roody .................. NAYS: None ........... ~ ........ O. (Mr. Maldrop not Toting) STREETS AND ALLEYS: Council at its meeting of March 12, 1956, hating directe~ the preparation of an Ordinance to accept a strip of land along the south side of Tyree Avenue~ N. M** for street widening purposes, as offered by Mr. J. fl. Barris, HFS. Pickett offered the following emergency Ordinance: (u126U4) AN ORDINANCE authorizing the acceptance from #r. J. B: Barris of a conveyance of approximately .37 acre of land for the future widening of fee Avenue; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21. Page grs. PicEett moved the adoption of the Ordinance. The notion was seconded by Rr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Robber, Young, and the President, Mr. Moody ............. T. NAYS: None ................... O. PBRCDASE OF PROPERTy-SYREETS AND ALLEYS: Council at its meeting of Hatch 12, 1956, having directed that the City Attorney prepare the necessary Ordinance, authorizing the acquinltion of Lots 23-27, inclusive. Block 1. Lincoln Court, from Rt.-Leoe,R. Kytchen, at a price of,$4,500.00, Hr. Young noved~that the following Ordinance be placed upon its first reading: * - : (n12685) AN ORDINANCE accepting the offer of Leon R. Kytchee to sell the City Lots 23,~24, 25, 26 and 2TiBlock l, according to the Hap of Lincoln Court, and authorizing and directing the proper City officials to do the necessaryin the premises. -- HBEREAS, by letter dated Rarch 1, 195b, Leon R.. Kytchen agreed to sell and convey Lots 23, 24, 25, 26 and 2T, Block 1, according to the Rap of Lincoln Court, unto the City for $4500.00 cash net; and RBEREAS, the.City Planning Commission has recommended the 'acquisition of said real estate for municipal purposes, which recommendation is concurred in by this Council. . ....... THEREFORE, BE-IT ORDAINED by the Council of the City ,of Roanoke as follows: 1T7 '178 1. ?hat the otter at Leni'R. lytobeu aacontaibcd Jn his letter to'the City Engineerof March 1, lg56. oarlle In the Office of ~he Clerk or'this Council, to sell nndconvey uhto the'City of Roasoke Lots 230 24, 25, 26 and 27. Bloch l, according t6 the Map or Lincoln Court, For $4500.00 cash net, bo, nad said offer is hereby, accepted; 2. That the City Attorney be, and he is hereby, directed to make, or cause be made, she"requiSite examination or title to the aforesaid real estate and, if It be determined that Leon R.'£ytchen, or the record ameer thermoS, may legally convey a marhetable Fee simple title thereto to the City of Roanoke, to prepare a preper deed of bargain and sale in the premises and present the same to said owner for execution and delivery to the City; 3. That the City Auditor, upon being supplied a certificate of title, by the City Attorney, shaming said land to be free of liens and encumbrances, and also the above-mentioned deed of bargain and sale properly executed by all parties having any interest in the aforesaid land. conveying the same unto the City ia fee simple and with covenants of General Marranty and modeFu english, and in Form approved by the City Attorney, be, and he Js hereby, authorized and directed to Issue a City voucher in the amount of $4500.00 and deliver such voucher to Leon R. Rytchen, to the parties entitled to said fnnd, in exchange for such deed. The motion was seconded by Mr. Itanes and adopted by the Following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Rebber, Young, and the President, Mr. Moody .................. T. NAYS: None ........................ O. PURCIIASE OF PROPERT¥-STREETSAND ALLEYS: Council st its meeting of March 1955, having directed that the City Attorney prepare the necessary Ordinance, authorizing the acquisition of Lots 15 and 16, Block 1, Lincoln Court, from John A. and Hettie M. Itolmes, at a price of $1,500.00, Mr. Hanes moved that the following Ordinance be placed upon its first reading: (=12695) AN ORDINARC~ accepting the offer of John A. Holmes and Hettle M. Holmes to sell the City Lots 15 and 16, Block 1, according to the Map of Lincoln Court, and authorizing and directing the proper City officials to do the necessary in the premises. MHEREAS, by letter dated March 1, 19~6, John A. Holmes and Hettie M. Holmes agreed to sell andconvey Lots 15 and 16, Hlock 1, according to the Rap of Lincoln Court, unto the City For $1,500.00 cash net; and RHEHEAS, the City Planning Commission has recommended, the acquisition of said real estate for municipal purposes, which recommendation.is concurred in by this Council. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of John A. Holmes and Hettte M. Bol;es as contained in their letter to the City Engineer of March 1, 1956, on file in the OFFice of the Clerk of this Coancil, to sell and convey unto the City of Roanoke Lots 15 and Block 1, according to the Map of Lincoln Court, for $1,500.00 cash net, be, and said offer is hereby, accepted; .2. -That the City Attoroey,be&,aad ke is hereby, directed to make, or cause to. be made, the requisite examlaatlol of title to, the aforesaid real estate uad,.if, lt be determloed that John A~ Bolues and Hettle R. Holues, or the record omner there.r, may-legally convey a marhetable fee simple title thereto to the Glty-of.-Roanoke~.to prepare a proper deed of bargain end sale la the premises-and present the same to. said owners for execution and delivery to the Cityl ,$.- That the City Auditor~'upon~being supplied a certificate or title, by the GityAttoruey, shoeing said land to be free of liens and encumbrances, and also the above-mentioned deed of bargain and sale properly executed by all parties having.any'interest in the.aforesaid, lend, conveying the sane unto the City Jn fee sluple and with covenants of General Marranty and modern english, and in form approved by the city Attorney, be. and he is hereby, authorized and directed to lssoe a City voucher in the amount of $1,500.0G and deliver suck voucher to Joko A. Holmes and Hettle M. Holmes, or to the parties entitled to said fund. in exckauge for soch deed. The motion was seconded by-Mrs. Pickett aod. adoptedby the following vote: AYES: Council membersDavfos, Runes, Pickett, Waldrop, Mebber, Young, and the President, Mr. Moody .............. NAYS: None .................... 0. · · CITY JAIL: Council at its meeting of March 12, 1956, keying directed the preparation of a Resolution, authorizing, tko. City Sergeant to enter intoa contract mitk the United States Government for-the care and keeping of federal prisoners in the City Jail at a cost of $1.25 per day for a period of tkree years beginning April 1. 1~$6, Mr. llanos offered the following Resolution: (~IR687)-A RESOLUTION authorizing Edgar L. Minsteod, City Sergeant, for and bekalf of the City of Roanoke. to execute a contract hetweeu the City of Roanoke Virginia. and the United States of America, for the United States Department of Justice, Bureau of Prisons, for a period not to exceed tkree years beginning April 1, 1956, covering the safekeeping, care and subsistence of persons keld under authority of any United States statute, including persons detained as aliens, in the Roanohe City Jail, Roanoke, Virginia, onder terms and conditions contained in said contract. (For full text of Resolution, see Ordinance Book No. 21, Page 297.) Mr. Runes moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Nebber, Young, and the President, Mr. Moody ............. ?. NAYS: None ................... O. PLANNING COMMISSIONS: Council at its meeting of December 19, 1955, kaving tentatively approved a report of the City Planning Commission and a Memorandum of Agreement adopted by the Planning Commissions of the City of Roanoke, the County of Roanoke, the Town of Salem and the Town of Vlnton for the establishment and operation of a Roanoke Valley Regional Planning and Economic Development Commission, Mrs. Pickett offered the follouing Resolution: (a12680) X RESOLOTION approving and agreeing to the Memorandum of Agreement adopted by the Planning Commissions of the City or Roanoke, the Comity cf Roanoke, the Town or,Salem amd the Tout of Via,os, Da the 10th day of November, 1955, appointing the three original representatives from the City to co-operate amd participate ia the establi*kmeut end operation of the Roanoke Valley Regional Planning and Economic Development Commlssion~ and directing the City Auditor, upon the mritlen request of the Treasurer of said Regional Commission and after such official bas been elected and qualified, to pay over to him the money heretofore appropriated lB the 1956 Appropriation Ordinance to said Regional Commission. (For full text of Resolution. see Ordinance Book No, 21, Page 290.) Mrs. Pickett moved the adoption of the Resolution. The motion was seconded by Mr. Hemes and adopted by the following vote: AYES: Council members SanDs, Pickett, Maldrop, Mebber, Young, and the President, Mr. Moody ..................... 6. NAYS: None ....................... O. (Mr, Davies not voting) MOTIONS ANO MISCELLANEOUS BUSINESS: GARBAGE DISPOSAL: Mr. Manes stated that the March 15, 19S6, issue of The United States Municipal Sews carried au article on a plan for citymide use of food waste disposers adopted by the City of Detroit, Michigan. and requested that the City Manager study the plan and its applicability to adaptioa for use In the City of Roanoke. There being aD further business, Council adjourned. APPROVED President CODNCIL, REGULAR MEETING, Monday, Merch 26, 1956. The Coulcil or the City of ~ounohe met In regular meeting fn the Council Chamber In the Municipal Building, Monday, March 26, 1956. et 2:00 ,ecl,ok, p. the regnlar meeting bo~r, mith thc President, Mr. #o,dy, presiding. ~ ' PRESENT: Council members Davies, BaueR, Pickett, Waldrop, Mehber. Young, sad the President, Mr. Woody ................ 7. ADSENT: None ........................ O. OFFICERS PRESENT: Mr. Arthur S. Omens. City Manager, Mr. Randolph G. Mhittl City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. Jo Robert Thomas. City Clerh.. The meeting was opened with a prayer by the Reverend J. Tommy Milliams, Pastor of the Rugby Church of God. MINUTES: Copies of the mia,les of the regular meetings held on March 12, 1956, and March 19, 1956, having been furnished each member of Council, upon motion of Mr. Hanes, seconded by Mr. Davies and adopted, the reading mas dispensed with and the minutes approred as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearieg~viug been set for 2:00 .'el,ck. p. m,. March 26. 1956, on the request of Maldron and Waldron, Contractors, and the recommendation of the City Planning Commission that Lots l-S, inclusive. Block 38; Lots 1-16, inclusive, Dlock 39; Lots 1-9. inclusive, Dloch 45; Lots 1-17, inclusive, Dloch 44; and part of'Lots 25 and 26, Block 43, Mast End and Riverviem Map. be fez,ned from General Residence District and Business District to Light Indnstriol District, and notice of the hear ing~vtng been published in The Roanoke World-News on March 9, 1956, the hearing was held. Mr. Tom Stockton Fox, Attorney.for Waldron and Waldron, appeared before Council and asked that the body concur in the recommendation of the City Planning Commission to rezone the properties. · Ho one appeared in opposition to the proposed fez,Ming. Mrs. Pickett moved, that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first (aI2689) AN ORDINANCE.to amend and ~eenact Article I, Section 1. of Chapter 51, of the Code of the City of Roanoke, Virginia, Jn relation to Zoning. · MHEREAS, application has been made to the Coancll of the City of Roanoke to have a portion of the hereinafter described property, being Lots.4 to 0, feclasfl Block 39, Mast End and RlvervJew Map, located on the south side of Mast Avenue. S. M.. extending from 21st Street 250~feet to the east, alltn the.City of Roanoke, fez,ned from General Residence District t, Light Indostrial District,.and WHEREAS, the City PlanniegCommission bas recommended that all of the hereinafter described pt,petty be ran,ned from'General Residence District and Business District to Light Industrial District, in conformity with said request, and I;;I,82 NBERRAS, notice required by Article RI, Seotloe 43, or Cbspter 51, of the Code of the Clay ,of Roanoke, ¥1rgltln, relating to ZonJlg, bis been published in The Roanoke NorldeNews, i newspaper published in the Clay of Roeoobe, for the true required by said section, nod ~BEREAS, tb~ bearing ns provided for in said notice published in said newspaper was held on the 26th do7 .of March, 1956, at 2:00 o*eloch, p, before the CowBell .of the City of Roanoke Je the Council Chamber in the Municipal Building, it which hearing the property owners and other interested parties in the affected oran were given an opportunity to be heard both for and against the said rezoning, and MBERRAS, this Council, after considering the evidence presented, is the opinfoo that said pare,la of land should be rczoned os requested, and, as well, the additional lands as recomuended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Couuoil of the City of Roanoke that Article I. Section 1, of Chapter SI, of the Code of the City of Boanohe, YlrgJnio. relating to Zoning. be amended and reenacted In the following particulars and no other, Via: The following parcels located in the City ofRooooke, ¥1rginla, as shown on the Map of M, st End and Rirervlew aDd described as follows: Block 43 - Lot 25 and part of Lot 26, Official Tax Number 1311216. located on the northeast corner of 24th Street OF Boulevard and West Avenue. Block 44 - Lots I to 17, Inclusive, Official Tax Numbers 1311901 to 1311917, inclusive, located on the south side of West Avenue between 21st Street 'and 24th S~reet or Boulevard. Block 45 - Lots I to 9, inclusive, Official Tax Numbers 1312601 to 1312609, inclusive, located on the north side of Patterson Avenue between 21st Street and 241h Street or Boulevard. That vacated portion of Rorer Avenue between 21st Street and 24th Street or Boulevard and vacated alleys in said Blocks 44 end 45. Block 3g = Lots I to 16, inclusive, Official Tax Numbers 1312001 to 1312016, inclusive, located OD the south side of Mast Avenue end north side of Rorer Avenue between 20th and 21st Streets. Block 39 - Lots 1 to'g, Inclusive, Offtcial Tax Numbers 1312701 to 1312709, inclusive, located on the south side of Rorer Avenue between 20th and 21st Streets. be, and are hereby changed from General Residence District and Buslness District to Light Industrial District, and the Zoning Rap shall be changed In this respect. The motion was seconded by .Mr. Young.and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber, Young, and the Prestdent, Mr. Moody---~ ............. NAYS: None ....................... O. MABER FIELD: Mr. LeBoy Schneider appeared before Council and stated that four big league baseball teams are interested ia using the baseball park at Maher Field for training purposes aDd propose to eutablish [oar D League type teams in the area, two at Roanohe and two at Salem, for 60-day training periods from June 15-August 15, 1q56, if the field can be secured on a fair rental basis, Mr. Sckleider stn~llg further that by reason:of n baseball law the park cannot be rented by the teams so long aS outstanding Jndguents ngnilst RoanOke Baseball, Inoorporoted,.nre not sntlsrled~ nnd that twang the claims.against Roanoke Baseball, Incorporated, the City of.Roanoke has ouefor rental of the park at Raker Field, Br. Schneider concluding that while the proposed return or professional baseball to Roanoke is il lo Way connected with Roanoke Baseball, Incorporated, of which he mas both n creditor and an official, it in his request that the city either take legal action to collect its claim, thns forcing the corporation into bankruptcy, or take action to eliminate the debt of the corporation to the city, in order to clear the way for professional baseball to return to the city. Mr. Mebber moved that Council express its interest in bringing professional baseball bach to the city and request that the proposal of the four big league teaus, as well as that of Mr. Schneider math reference to Roanoke Baseball, Iocorpornted. be placed JR writing and presented to Council for Its further consideration. The motion was seconded by Mr. Manes and adopted. PETITIONS A~B COBRUNICAYIONS: PLANNI~O COMMISSIONS: The City Clerk presented a communication from the Board of Supervisors of Roanoke County, advising that it has appointed Messrs. Edwin G. Terrell. Edward B. Lassiter and C. Bnrtley lhite as members of the Roanoke Valley Regional Planning and Economic Development Commission and has ordered payment to the Commission of $1,163.00 as the county"s share of the Comnission'~ operational funds when said Commission is properly organized and legally constituted. #F. Waldrop noted to file the communication. The motion was seconded by Br. Davies and adopted. SEMAG£ DISPOSAL: The City Clerk presented a Resolution of the Board of Sapervisors of Roanoke County, adopted March 19, 1956, requesting.the State Bater Control Board, as expeditiously as possible, to discontinue issuing or renewing certificates for,the discharge of sewage, industrial wastes and other wastes into Roanoke River and its tributaries within the County of Roanoke and west thereof. ~ ,, Mr. Banes noted to file the Resolution. T~e motion was seconded by Br. Young and adopted. . '- .* STORM DRAINS: The City Clerk presented a communication from Mr. C. O. Cromder, reqoesting that action be taken-to eliminate mater standing in front of his residence at 2702.Tenth Street, N.M. ~, . la this connection, Mr.,Maldrop,stated~that the residents of the:3000 block of Yardley Drive, N. M., have complained to him that water stands in the street in front of theirpropertiesafter rains and moved to refer the commanication from Mr. Cromder .to the City Manager, along with the complaint of the residents of Yardley Drive, N; M., for stndy and recommendation. The motion mas seconded by Mr. Young and adopted· ..'~84 SRRAGR DISPOSAL: The City Clerk presented n communication from the State Water,Control Doard, nckcouledging receipt or Resolution ~o. 12676, adopted by Council on March 5, 1956, requesting the State Water Control Doard, cs expeditiously ns possible, to discontinue issuing or renewing certificates for the discharge or sewage, industrial wastes and other wastes into Roanoke River and its tributaries wJtkJl mid west of tie City of Roanoke, lid advising that the Baird at itl meeting on March 20-21, 19S6, ruled that it it entirely in sympathy with the tenor of Resolution No. 12676~ that the Resolution is in line with the Donrd*s views and policies with respect to abating pollution ofs~te waters~ and that the City of Roanoke and other owuers in the area mhD have complied with the Doard's program for preventing pollution of state waters may rest assured that any certificates covering discharge of wastes in the Roanoke area mill be under such conditions that no pollution occurs, the Soard requesting the City of Roanoke to report to it uny cases of alleged pollution so that it may make such investigations indicated to prevent pollution of Roanoke River and its tributaries in the Roanoke area. Mr. Davies moved to file the communication. The motion was seconded by Mrs. Pickett and adopted. SEYAG£ DISPOSAL: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County, adopted March lC, 1956, requesting that the Council of the City of Roanoke amend the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, Jeallng with the treatment of domestic and commercial wastes, to provide for the addition of an area in the vicinity of State Secondary Route No. 623 and Starmount Avenue in the North 11 area of the county. Rr. Maldrop moved to refer the request to the Sewage Committee consisting of Messrs. Roy L. Webber, Chairman, Walter L. Young, Arthur S. Owens and Randolph G. Whittle for study and recommendation. The motion was seconded by Rt. Hanes and adopted. LICENSE TAX CODE~TRAFFIC: The City Clerk presented a communication from mr. Ralph E. Drumfield, 3511 Valley Yiem Avenue, N. W., objecting to the increase in taxes on automobiles and advocating the installation of mare penny parking meters in the downtown area. Mr. Davies moved to file the communication. The motion uas seconded by Rt. Young and adopted. EASEMENTS-SERERS: The City Clerk presented a communication from Hunter and Fox, Attorneys for James E. Waltz and Lella Mae Waltz, advising that the city constructed a semer across the property of the~r clients in accordance with an easement granted the city by a prior owner, but that doe to the neglect on the part of the city to record the deed of easement until after the property was conveyed by the prior owners to their clients the easement was lost, and demanding that the city move the sewer line from their property, or, in lieu thereof, accept an easement from their clients for a right-of-way for the sewer along and adjacent to either side of the property of their clients and move the sewer from its present location to the easement granted. Mr. Mebber Bored to refer'the mutter to the City Manager and the City Attorney for study and reconneadatlon. The notion was seconded by Mr. Banes uBd adopted. REPORTS OF OFFICERS: CURB AND GUTTER-STREETS AND ALLEYS: The City Manager reported that he has received a petition from residents on both sides of Cedarhurst Avenue, B, M., between Grandview Avenue and Richland Avenue, offering to donate a S=foot strip of land off the front of their respective properties for street widening purposes and agreeing to pay one-hull the cost of curb nnd gutter Installation in front of their properties, the City Homager reporting further that all of the property in the block, on both sides, have agreed to comply with the petition, uith the exception of one persont and recommended that Council accept the offer. In reply to a question, the City Manager advised that the construction of curb end gutter in the block mill be accomplished only in accordance with existing priority rules and that the donation of the load will hate no effect on the tire of such construction. Mr. Banes moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (~12690) AN ORDINANCE authorizing the acquisition of certain land for the widening of Cedarhurst Avenue, N. M., between GFandview Avenue and Richland Avenue. RHEREAS, Cedarhnrst Avenue, N. M., (fornerly Clinton Street), us originally laid oat between Block 6 and Block 7 on the Map of Rilliamson Court, of record in Plat Hook 1, pages 296.and 267, in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, is shown to be only 40.0 feet wide; and MHEREAS, at certain portions on each side of Cedarhurst Avenue, the City has heretofore acquired additional land for the purpose of the future widening of Cedarhnrst Avenue to a uniform width of 50.0 feet; and #BEREAS, recently, substantially all of the property owners on both sides of Cedarhurst. Avenue have petitioned the Council to proceed with the widening of said avenue to a uniform width of 50.0 feet and have offered to convey to the City from their respective properties a strip of land 5.0 feet in width in order that such widening may be acca=plished; and ~ RHEREAS, the City Manager has recommended that the aforesaid conveyances from said property owners be accepted and that the uniform widening of Cedarhurst Avenue be.accomplished in. accordance with the details thereof as shown on Plan Bo. 416~ prepared.in the Office of the City Engineer under date of March 16, 1956, copy of which has been exhibited to the Council. THEREFORE, BElT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are.hereby, authorized and directed, for and behalf of the City, to acquire fromthe severalomners of properties situate both sides of Cedarhurst Avenue, NJ M.; deeds of conveyance to the City of sufficient land ga both aides of said street, viz., 5.0 feet in width, to provide for the uniform widening of Cedorhurst Avenue, B. N., to a street 50.0 feet in width; all of mhich such deeds to be upon such form as isprepared and approved by the City Attorney and, in each instance,to provide for u nominal considerationof $1.00, cash. ,, . The motion was seconded by Nfs. Pickett nndndopted by the follomJng vote: AY£5: Council members Davies, Dnnes, Pickett, Naldrop, Nebber, Young, nnd the President, #r. Ioody .................... 7. NAYS: None .......................... O. PBRCDAS£ OF PROPERTY-STR£ETS AND ALL£YS: Council at its meeting of March 19, 1956, hnvlngreferred tothe City Haanger a communication from the GJty Plnnniag Coumisslon, recommending that Conncil acquire a 3S-foot strip of land along the of Lots 1, 2 nad 3, Block 1, Dorchester Court, for the future extension of Nineteenth Street, N. N., and having directed the City Nannger to study the cost of the right-nY-way and construction for the completion of the project and to consider the feasibility of au alternate route for the extension of Nineteenth Street northward through the Hurt property to Hershberger Road at such time as the Buff lands are subdivided and to submit his report thereon, the city Nanager reported that he has made a study of the proposed extension of Nineteenth Street and the alternate through the Huff farm and that in his opinion it would be as practical to use Grandviem Avenue as it would be to use Huff Lane as an extension to Hershberger Road without the fncurrence of additional expense, the City Hanager reporting further that the estimated cost of extending the route to ~illiamson Road by connecting into Ravenmood Avenue, as recommended by the City Planning Commission. Is $21,000.00, and recou~ended that Council purchase the )ropeFty as recommended by the City Planning Commission for $3,000.00. and in Iddition, a lO-foot strip of land on the north side of the proposed route from Avenue westward approximately two hundred feet at an estimated cost of $200.00. and an additional strip off the front of Lots I and 2. Block 6, Hilliamson Court, on the south side of the proposed road, east of Grandview at an estimated cost of $300.00, in order to provide for a TO-foot right-of-way at those points. Hr. Young stated that he has been unable to look over the proposed route and that the matter be tabled until the next regular meeting of Council. The notion was seconded by Hr. Maldrop and adopted. SUBDIVISIONS: The City Hauager reported that under the Subdivision Ordinance me, after attempting to prevail upon Greenland Development Corporation, the ]eveloper, to comply with the approved plan of a subdivision developed by it, ~rdered certain work accomplished in the development by city forces at a cost of Sl.2?OoOl. in order to provide a proper grade on Laburnum Avenue, which amount billed to the said corporation by the city. and that Mr. Howard E. Sigmon, President of the Corporation, refused to pay the bill, the City Manager advising that since Hr. Slgmon furnished a personal bond in the matter the account has been collected, but that Hr. Slgmon, in order to settle the claim, has offered the city a lot on the north side of Albemarle Avenue, S. £., immediately the east of city-owned property, which has been appraised at a value of $500.00, fn full settlement of the claim o2 $1,270,01, the City Hanager explaining that the city has used the lot in question over a period of some ten years in connection with the storage of materials at the asphalt plant site without the owner's consent, nad recomzended that Council accept the offer as a final settlement of the claim against the Greenland Development Corporation. , , Mr. Webber moved,to table.the matter un~ll the next, regular meeting of Council. The. motion,Was soco~ded.br #r..Youag end adopted STR~£T, LIGHTS: The Clt! .#annger submitted a report, recommending the lastallztlon~of twenty.seven additional street lights at various locations in ~ Hr. Maldrop moved to concur~ in the~recommeadation of the City Hanager and~ offered the ;allowing Resolution: (r12691) A RESOLDTION authorizing the installation of additional street lights and the replacement o! certain existing street lights on Drandon Avenue, 5. M** between Main Street and Grandln Road; also. authorizing the installation of street lights at vaTious locations in the City of Roanoke. (For. full text of Resolution, see Ordinance Hook No. 21, Page 301.) Mr. Maldrop moved the adoption of the Resolution. The motion was seconded by MF. Davies and adopted by the following vote: AYES: Coancll members Davles, Haneao Pickett, Maldrop, Jabber, Young, and the President, Hr. Moody .................. NAYS: None--o~ .................... O. MAYER DEPARTNE~T: Council at its meeting of March S, 19S6, having tabled for consideration bids received for street restoration mork In connection with the Mater Department activities and having directed the City Manager to make a study of the costs and capital outlays involved in the city using its own forces to restore the streets where cuts are made by the Mater Department and to report thereon, the City Manager reported that. in order to accomplish the work the city would need to purchase a spreader at a cost of $2o700.00 and a I l/2-ton truck ut $3,000.00, and that he estimates theannual recurring charges for operation in connection with the work under consideration at $37,225.10, mhlcb would afford a savings of approximately $4,560.00 per annum to the city based on the bid received from JohnA. Doll andCompzny, the low bidder, the City Manager stating that he does not think the government should enter into private enterprise and that the city should accept the bid of John A. Hall and Company on the basis of letter from said company dated March 13, 1956, agreeing to extend its contract under which ttpreaently operates to Jnne 30,195b, if the city will accept Its bid of February 27, 1956, and enter into a contract thereon covering the period from July 1, 1956, to March 7, 1957. Mr. Webber moved to refer the matter to the City Attorney for preparation of Resolution, authorizing the extension of the contract of John A. Hall and Company under which itpresently operates, to ~une 30,1956, and the. acceptance of the proposal of the said .company dated February 27, 1956, authorizing a contractunder, said p~oposal ~orering the period from July 1, 1956, to March 7, 1957, and that the question of*the city performing restoration work. on the streets occasioned by. the operations~of the Mater Department with its own forces be considered, during the study of the 1957budget. The motion was seconded by Mr. Hanes and adopted. . ~ : . :188 AIRPORT: The City Neisner reported tbet The Cleaves Food Service Corporatlol operator of the restaurant et the Roanoke #ualcipul Airport, has requested that It be permitted to asa a recent office on the second floor or the Airport Terminal for serving group diouers and that since the rOOB in question is not now and bas not been rented deriog the past year or so and since the city receives six per cent of the gross business of The Cleaves Fond Service Corporation as rental he can see no objection to permitting the use of the room until it can be rented as office space. Hr, Hanes moved to rerer the matter to the Airport Committee consisting of Messrs. Roy L. Webber, Chairman, Arthur S. Omens end Harry R. Yates for study and recommendation. The motion was seconded by Mr. Young amd adopted. BRIDGES-STATE HIGHWAYS MITIIIN CITY LIMITS: The City Manager reported that he has received a communication from the State Department of HJghmayso stating that it is planning very promptly to strengthen the bridges on Route 117 from Route 460-west to Route Il-north and plans to raise the capacity of the bridge over Peters Creek, north of Melrose Avenue, for H-20 loading with a 24-foot roadmay and a concrete deck at an estimated cost of Sg,O00. OO, one-bali of which cost mould be borne by the City of Roanoke, the City Manager advising that no funds have been appropriated for this purpose In the 1956 budget. Mr. Hanes moved to table the matter for consideration in connection with the 1957 budget study. The motion mas seconded by Hr. Hobber and adopted. TUBERCULOSXS SANATORIUM: The City Manager reported that a lease covering approximately sixty-two acres of land owned by the city at the Tuberculosis Sanatorium site at Coyner Springs between the City of Roanoke and Hurray Orchards expired December 31, 1955, and that two groups have approached him math proposals to lease the land from the city for grazing purposes, the City Manager recommend~ inn that he be authorized to advertise for lessees of the property, placing therein a provision for recovery of the property at the end of any grazing season. Hr. Waldrop moved to concur in the report of the City Hanager. The motion was seconded by Mr. Davies and adopted. WATER DEPARTMENT: The City manager reported that Mr. Donald S. Rallace, District Engineer, U. S. Geological Survey, has advised the Manager of the Water Department that the U. S. Geological Survey has funds available and will enter into an agreement mJth the City of Roanoke to construct a gauging station on Tinker Creek and reactivate an old station on Catawba Creek to gauge ~the flow of the two streams if the city mill pay one-half the cost of establishing the gauging station on Timber Creek, estimated at $1,760.00, and the operating cost of the two stations, estimated at $1,600.00 per annum, the city's share to be $8g0.00 and SgO0. O0, respectively, the City Manager reporting further that Mr. Wallace bas stated that he needs a definite answer prior to March 31, 1956, in order that federal funds being held for that purpose can be used, and recommend- ing that Council authorize a contract with the U. S. Geological Survey for establishing and maintainieg the two stations. eppeared beforeCouacil end'stated thee the present.plan rot obteiuing additional bat that there la no definite record of the amount of mater available from the streams, end that in his opinion the establishing of the tmo gauging stations is necessar7 in order that the amount of available water in the two streams might be determined before it becoues necessary to seek an additional mater supply. Mr. WsldFop moved to concur in the recommendation of the City Uauager and to direct the City Attorney to prepare the necessary contract carrying omt the City Manager*s recommendation and a Resolution authorizing the said contract. The motion mas seconded by Ur~ Davies and adopted. STORH DRAINS: Council at its meeting of March 19, 1956, having referred to the City Manager for study and recoumendation a communication from Messrs. R. L. Wade and R. A. Nelson, requesting that the city take action to eliminate mater standing In front o[ their residences mt 3240 and 3234 Oaklamu Avenue, N, W., the city Manager reported that the owners of the property have raised the level of their land mhich deters the normal flow of the mater and that he cannot recomuend the piping of the water to an existing drainage shaft fn the area because he is uncertaiuthat the shaft can handle the additional water, but that he will make every effort to grade the street in an attempt to disperse some of the water. Mr. Hanes moved to concur in the report of the City Manager. The motion secondcdby Mr, Davies and adopted. AIRPORT~STATE HIGHMAYS: The City Manager reported that in viem of the progre made ia the plan for the extension of the northeastern end of,the noFtheast- southmest runway at the Roanoke Municipal Airport he feels that the city should initiate procedures for closing and relocating a portion of Virginia Route 118 in the area where the runmay is tobe extended and recommended the adoption of Resolution which he has had prepared.' Ur. Webber moved to c0ncuF in the recommendation of the City manager and offered the following Resolution: (~12692) A R£SOLDTIOS relating to the proposed closing and relocation of a portlon~of:State~Primary-Sonte=No.:llH to provide for certaJnMuntclpal:AJrport :(For full textco[ Resolution. see Ordinance Dock ~o~ 21. Page 302.) :~r..Webber moved the adoption of the,Resolution. The notion was seconded by Ur. Hanes and adopted by the following vote: ,~ AYES:,Council members Davies, Hanes. Pickett, Waldrop, Webber, Young, and the President,,¥r..Woody---~ ...... ~ ......... ?..= .. NAYS:None .......... ~ ............... 0.. FIRE DEPARTMENT: The City Manager reported the employment of Marvin Rudolph Athens on March 16b 1956,.and the retlrement~of Fred L. Goad on March 31, 1956, both in the Fire Department. The report mas ordered filed. :190 REPORTS OF CO#HITTEES: STREETS AHD ALLEYS: Council ut its meeting oF Watch 12, 1956, having referred to u committee consisting oF Mayor Robert W. #**dy, Chulrmnu0 #r. Walter L, Young nnd Hr. Arthur S. Owens n cowmunlcutlon From the City Plnuning Commission, recommending the noceptnnce oF un oFFer oF Wrs, to convey to the city z strip oF lnnd approxfwately one hundred feet in length on the south side oF Sycamore Avenue, N. E., ut Lukeus Street, which property is needed for n Fill in connection with the grading oF Lukens Street, the committee submitted its report, recommending the acceptance of the proposal oF Hrs. Hamilton. Hr. Waldrop moved to concur in the report of the committee and to direct the City Attorney to prepare an Ordinance accepting tho oFFer of Hrs. Hamilton, The motion was seconded by Hr, Hanes and adopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIRS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PURCHASE OF PROPERTY-STREETS AND ALLEYS: Ordinance No. 12685, providing for the purchase of Lots 23-27, inclusive, Block 1, Lincoln Court, From Leon R. Kytchen, at a price of $4,500.00. having previously been before Council for frs First rending, read and laid over, was again before the body, Ur. Dnvies offering the following for Its second rending and Final adoption: . (~12695) AN ORDINANCE ncc*piing the offer of Leon R. Kytchen to sell the City Lots 23, 24, 25. 26 and 27. BI*ch If according to the Rap of Lincoln Co*ri. and authorizing and directing the proper City officials to do the necessary iu the premises. (For Full text oF Ordinance. see Ordlnnnce Hook No. 21. Page 2gE.) Rt. Dnvies moved the ndoption of the Ordinance. The motion was seconded by gr. Hanes and adopted by the Following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Yousg, and the President, Ur. Woody ................. T. NAYS: None ....................... O. PURCHASE OF PROPERTY-STREETS AND ALLEYS:Ordinance No. 12686, providing for the purchase oF Lots IS and lb. Block 1, Lincoln Co*rt. From John A. Holmes and Hattie R. H~lmes. at a price of $1.500.00. having previously been before Council for its first reading, read and laid over, was again before the body. Mr, Hanes offering the following for its second reading nnd final adoption: (#12686). AH ORDINANCE accepting the oFFer of John A. Holmes andHettie M. Holmes to sell the City Lots IS and.16, Bloch 1. according to the Map oF Lincoln Court, and authorizing and directing the proper City oFFicials to do the necessary in the premises. : WHEREAS. by letter dated Rnrch 1, 1956, John A. Holmes and Hattie R. Holmes agreed to sell and convey Lots IS and 16, Block l. according tn the RaP of Lincoln Court. unto the City For $1,500.00 cash oet~ nnd WHEREAS, the City Planning Commissien has recommended the acquisitioo of said real estate for mnntcipal porposes, which recommendation is coacdrred io by this Council. (For Full text oF Ordinance, see Ordinance Book No. 21, Page 300.) ,-#r~ Hates moved the adoption o£ the Ordiunnce~ Yke motion was*secolded by HFS. Pickett.and.adopted'by the i,ll.Ring vote~ ~ . . .... AYESz~Coueoll members Davies, Haues,.Plckett,' gsldrop,.Mebber, Young, ned the President, Mr. Woody ................ ?. ,NAYS: None ...................... O. AIRPORT: Conmcll at its meeting of March 19, 1956,,having tabled for one Reek the question of leasing unto Warren L, Klnseyapproxlmately one hundred acres of land.at the, Roanoke Municipal Airport for atern of five years npon certain terns and conditions, the matter was again beg.re the body., ..Mrs. Pickett move~ that the i.ll.ming Ordinance be placed upon its first reading: (u12693).AN ORDINANCE authorizing the City Manager to execute a lease, for and on behalf of th~ City, leasing unto Marten L, Kinsey approximately one hundred acres cf land at Roanoke Municipal Airport (Woodrum Field), for a term of five year: upon certain terms andcoudftfons. MNEREAS, the,City;has,heretofore leased to Yarren L. Kinsey certain real estate at*he Roanoke Municipal Airport (Woodrum Field), for farming purposes, such current lease expiring on the 31st day of March, 1956; and MHERCAS, the said Kinsey has requested an additional lease of the same and additional land.for another term of five years, to all of which the City Manager and the Airport Manager are agreeable.. THEREFORE, BE IT ORDAINED by the Conncil of the City of Roanoke that the City Manager be, and he. is.hereby, authorized and directed to execute a lease, for and on behalf of the City~.between the. City andMarren L, Kinsey, leasing unto the said Mlnsey.approximately~one hondred~acres or, land at the Roanoke Municipal Airport (Mo,drum Field), the exact loc~tion and quantity of said landto be designated:each year%by the:Airport. Manager and said land to be used by the said Kinseyfor farming pnrpose$~on'ly; the:sald, leaseto be for a term. of five years commencing as of.the 1st day of April,.1956, shall provide for a rental of $5.00. per acre per year and shall provide that no animals or fowls shall be kept or permitted on any:part of the land*leased; otherwise:the lease to be upon substantially the~same~termn*.and,cooditiots contained in the current lease between the parties;bearing date~April lOth, 1952, ! ' . The motion was seconded by Mr. Hanes.and~adopted by.the following vote: : .AYES: Council members Davies~ Hanes, Pickett,~Waldrop, Yebber, Young, and the President, Mr~Woody-~--~-~ .... ~--~-7~.~. , .. NAYS: None ........................ O. .* · ~ .~ , ZONING-SETBACK LINES: Council at-its meeting of.March lq~ 1956,.baying held a public hearingonthe:questlon~of establishing:.a setback-line.on Shenandoah Avenue, N.~M.;_from Twenty-fourth:Street to the.west.corporate limitsof the city, and having:directed:the preparation:of an-Ordinance establishing the s~tbnck line, in:order to~provide for:a·right-of-may.widtk of.;eighty feet,~Mr..Yonng: moved that the following Ordinance be placed upon its:first reading:, .~ :.192 (u12694) AN OROIHARCR establishing building setback lines on the northerly mud southerly sides of Shenandoah Avenue° N. ~.o fros 24th Street to the west cor- porate limits of the City to provide for~ the widening of Sbeassdoeb Avenue, N, ~** between said points to 80.0 feet. MRERRAS, notice has beam duly published os required by lam end the property lu the affected urea notified that Council would hold a public hearing on the 19th day of March, 1956, at 2:00 o'clock, p. m., in the Circuit Court ROOB (Council Chamber), in the Municipal Ruildieg, Roanoke, Virginia, on the question of establishing building setback lines oB the north and south sides of Shenandoah Avenue, N. M** rros 24th Street to the west corporate limits of the CJt~ the said lines to be located 40.0 feet nertherly and southerly from the present established center line of Shenandoah Avenue, N. M** betweee 2dtb Street and the corporate liuits of the City, to previde for the midealng of Shenandoah Avenue, N. ~** between said points to 80. O feet; and MH£R~AS, said hearing Was held at the tine and place aforesaid before the Council of the City of Roanoke, at which hearing all property osners in the affected area and all other persons were given an opportunity to he heard on the and MH~EAS, the ~oanoke City Plenniog Commission, to whos the uniter has eretofore been referred by the Council for consideration, has recommended and approved the establishment of such building setback lines on said avenue for the purposes hereinabove stated; and WHeReAS, after bearing all of the evidence submitted, Council is of the opinion that said building setback lines should be established; YH~£FORR, B£ IT OROAI~ZO by the Council of the City of Hoanoke that buiJding setback lines be, and the sase are hereb7, established on the north and south sides of Shenandoah Avenue, H. W., from 24th Street to the west corporate limits of the City, the said lines to be located 40~0 feet northerly and southerly from the present established center line of Shenandoah Avenue, N. M., between 24th Street and the west corporate limits of the City, to provide for the widening of Shenandoah Avenue, N. ~., between said points to 80.0 feet; and RE IT F0~THE~ OEOAINRO that no building hereafter erected on any said lots abutting said avenue shall extend over saidbuilding setback lines as established by the provisions of this Ordinance. .The motion was~seconded by Mr. Maldrop and adopted by the following vote: AYES: Council =embers Davies, Hanes, Pickett, Maldrop, Webber, Young, and the President. Mr. Moody .................... ?. NAYS: None .......................... O. P~ECHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of March 1956, having directed the preparation of an Ordinance, accepting the offer of the Young Men's Christian Association to sell the city a strip of land fros Its property along Church Avenue and Fifth Street, S. ~., at a price of $6,440. O0, the matter was again before the body. Mr. Young moved to table the setter until the next regular meeting of Council. The motion was seconded by Mr. Mebber and adopted. '19'3 TRAFFIC CODE: Mr. robber stated that dee to inconsistencies betmeel the City Codeuod the State Code it alii be necessary to amend Chspter 34 of the Code of the City or Roanoke, relating to Traffic, etc., to comply with the pr*vlsi*as or state lam, nnd offered the followItg euergeucy Ordiuooce: (z12695) AN ORDIHANCE one*ding mod reordolaing Sec. 81. Drlvlno while intoxicated., or Chapter 34 or the Code of the City or Roanoke relating to Troffic, by proklbltiog driving any autouobile or other vehicle while uoder the iofluence of alcohol, narcotic drugt or any other self-administered intoxicant or drug; providing For the use of chemical analFses to determine alcohol in blood and rot the admissibility of such Findings in evidence; providing penalties For the violation o! said section; providing For the forfeiture of certain driver*s licenses; providing For the report of conviction of persons under said section; and providing for an emergency. (For full text or Ordinance, cee Ordinance Hook Ho. 21, Page 304.) Mr. Mebber mowed the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Ualdrop, febber, Young, and the President, Mr, ~oody ................... 7. NAYS: Nose ......................... O. RESOLUTIONS OF SYRPATIIY: Hr. Young offered the following Resolution as a memorial to the Honorable ~illiams Peerce Hunter, deceased: (nl26g6) A RESOLHYIOM offered as a memorial to the Honorable Nilliams Pearce Hunter, deceased. (For full text of Resolution, see Ordinance Hook No. 21, Page 306.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Maldrop and adopted by the following vote: AYES: Council members Davies, Manes, Pickett. ~aldrop, febber, Young, and the President, Mr. Moody ................... 7. NAYS: None ......................... O. MOTIONS AND MISCELLANEOUS BUSINESS: TRAFFIC CODE: Mayor Moody stated that he feels Council should hold a public hearing on the propos~d revision of Chapter 34 of the Code of the City of Roanoke, dealing with Traffic, which revision has been prepared and previously presented to Council by the Legal Deportment at the request of the body. Mr. Rabbet moved to.hold a poblic bearing on the proposed revision of Chapter 34 of the Code of the City of Roanoke, relating to Traffic, at 2:00 o'clock, p. m., April 30, 1956, in the Council Chamber. The motion was seconded by Mr. ~aldrop and adopted. There being no further boniness, Council adjourned. APPROVED President ,.*.194 COUMCIL, REGULAR MEETING, Meudoy, April 2, 1956. The Council of the City of Roanoke wet la regular weaving lB the Council Chanber in the Wuelctpal.Bullding, Monday, April 2, 1956, at 2:00 o'clock, p. w., the regular neeting hour, with the President, Mr. Woody, presiding, PRRSENT:CoIncJI wewhers Davies, Manes, Pickett, Msldrop, Webber, Young, and the President, Mr, Woody ................. ?.. ABSENT: None ......................... O. OFFICERS PRESENT: Mr. Arthur 5. Owens, City Manager, Mr. Randolph G. Whittle CitT Attorney, Mr. Harry H. Yates. City Auditor, and Mr. J, Robert Thomas, City Clerk, ?be ueetln9 was opened with a prayer by the Reverend Gnstaf A. Johnson, Superintendent of the City Rescue Mission. MINUTES: Copt of the minutes of the regular meeting held on Monday, March 26, 1956, having been furnished each member of Council, upon notion of Mrs. Pickett, seconded by Mr. Davies and adopted, the reading was dispensed with and the ninnies approved as recorded. HEARING OF CITIZENS UPON PUULIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m., April 2, lgS6, on the request of Roy L. Deckner, et al, that the northern portion of Lot ?, Hlock 1, Liberty Land Company; located on the east side of Millianson Road 200 feet north of Liberty Road, N. E., be rezoned from General Residence District to HusJness District, and notice of the hearing having been published in The Roanoke World-News on March 16, 1956, and the City Planning Commission having recommended that the request of the petitioners be granted, the hearing was held. In this connection, Mr. E. Criffith Dodson, Jr., Attorney for the petltione~ appeared before Council and requested that the recommendation of the City Planning Commission be concurred in. No one appeared in opposition to the request. Mr. Young moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~12697) AN OROINANCE to ameod and reenact Article I, Section 1, of Chapter 51 of the Code of the Citl of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have all that parcel of real estate located in the CttT of Roanoke on the east side of Williamson Road 200 feet north of Liberty Road, N. E., with a frontage of 78.22 feet. more or less, and extending eastwardly a depth of 386.02 feet, more or less, being a portion of lot number 7 In block number 1. Liberty Land Company map and designated on Sheet 310 of the Zoning Map as Official No. 3100g04, rezoned from General Residence District to Business District, and WHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Business District as requestec and RBEREAS. notice required by Article Xl. Section 43. of Chapter 51 of the Code of the City of Roanoke. Virginia. relntJno to Zoning. bna been published in 'The Roanoke World-News~, a newspaper published In the City of Roanoke. for the time required by said section, and RREREAS. the hearing us provided for in said notice published in the said newspaper was held on the 2nd day of April. 1956. at 2:00 o'clock, p. m.o before the Council of the Cl,7 of Roanoke in the Council Chamber in the Municipal Building. at which hearing property owners and other interested parties Jo the affected oreo were given an opportunity to be heard both for and against the proposed rezonlng. RBEREAS. this Council. after considering the evidence presented, is of the opinion that the above parcel of land should be rezened as requested. TB£REFOR£. BB IT ORDAINED by the Council of the City of Roanoke that Article l. Section 1. of Chapter 51 of the Code of the City of Roanoke. Virginia. relating to Zoning. be amended and reenacted in the following particular and no other, viz: All that parcel of real estate located in the City of Roanoke on the east side of Rilliamson Road 200 feet north of Liberty Road. N. E** With a frontage of 76.22 feet. more or less. and emtending eastwardly o depth of 386.02 feet. more or less. being a portion of lot number ? in black number 1. Liberty Land Company map and deaignated on Sheet 310 of the Zoning Rap as Official No. 3100904. be and is hereby changed from General Residence District to Business District and the Zoning Rap shall be changed in this respect. The motion was seconded by Mr. Banes and adopted by the following rote: AYES: Council members Davies, Banes. Pickett, Waldrop, Webber. Young, and the President, Mr. Woody ..................... 7. NAYS: None ........................ O. PETIYIONS AND COMRONICATIONS: STREET LIGhtS: The City Clerk presented a communication from the Appalachian Electric Power Company, transmitting a report showing the installation of ten 2500 lumen street lights in the City of Roanoke during the month of March, 1956. The communication Was ordered filed. TRAFFIC: The City Clerk presented a petition from residents of Maple Avenue, S. W., protesting against the present traffic regulations on that street which prevent stopping or parking at the south end thereof. Mr. Waldrop moved to refer the petition to the City Manager as an admlnlstra- tire matter. The motion was seconded by Mr. Banes and adopted, ZONING: The City Clerk presented a communication from C. S. McNulty, Jr** and Company, requesting that a tract of land approximately 4 1/2 acres facing 65? feet onthe north aide of Grandfn Road. S. W.. between Carter goad and Carlton Road, be rezoned from General Residence District to Business District. Mr. Banes mored to refer the matter to the City Planning Commission for stndy and,recommendation. The.motion was seconded by Mr. Davies and adopted. REFUNDS AND REBATES-LICENSES: The City Clerk presented a communication from Mr. R. S. Argnbright, stating that he purchased s motor vekicle license plate for a truck Ga March 16, 1956, end sold the truck os lsrch 21, 1956, before he plnced the tags tkereoe, Mr. Argsbright requesting that he be refunded $9.00 for the unused motor vehicle license plate. #r. Davies moved to direct the City Attorney to prepare a Resolution authorizing a refund of $9.00 to Mr. Argabright for the motor vehicle license plate. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Uavies, Manes, Pickett, Maldrop, Young, and the President, Mr. Moody .............. 6. MAYS: Mr. Webber .......... PURCHASE OF PROPERTY-STREETS AND ALLEYS-SCHOOLS: The City Clerk presented commonlcation from the Roanoke City School Board, expressing its appreciation to Conncil for the action token to acquire additional land adjoining the Bonier Washington Junior High School site. Mr. Hanes moved to file the communication. Tho motion was seconded by Mr. Maldrop and adopted. MUMICXPAL COURT: The City Clerk presented a communication from the Chief Ronicipal Judge, requesting authority to appoint three employees in his office and three members of the police force as deputy clerks of the Municipal Court nnder the provisions of Section 20 of the Charter of the City of Roanoke, as amended by the General Assembly at its 1956 session. In this connection, Judge Fitzpatrick appeared before Conncil and stated that the authority requested to appoint the employees in bis office as deputy clerks fs to give them a legnl right to perform certain administrative duties, including the issuance of certain writs, and that he wishes to appoint three members of the police force as deputy clerks for the purpose of issuing warrants so that complainants can obtain those marronts on SaturdaFs, Sundays, legal holidays and at night without coming to either his home or that of Judge Quarles. In reply to a question from Mr. Hanes, Judge Fitzpatrick stated that before members of the police force will be appointed they mill be thoroughly schooled in their duties and responsibilities and will be given specific instructions that in case of doubt they should call the Judge of the Municipal Court and obtain his permission before issuance of a warrant. Mr. Maldrop moved to concur in the request of Judge Fitzpatrick and offered the following emergency Ordinance: (c12696) AN ORDINANCE authorizing the Chief Municipal Judge to appoint, from time to time, not more than three (3) members of the Police Force and not more than three (3) other City employees as deputy clerks of the Municipal Court; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 312.) Mr. Maldrop moved the adoption of ~he Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Banes, Pickett, Bnldrop, Webber, Young, and the President, Hr. Moody ................. 7. BAYS: Bone ....................... O. REPORTS OF OFFICERS: REPORTS: The City Manager submitted a report of the Department of Public Welfare rat the month of February. 1956, and a list of other departmental reports file in his office. The report mas filed, DUDGET-CLERK OF COURTS: The City Manager reported that due to amendments to the State Code by the 1956 General Assembly it is necessary to procure new General Indexes and Hinders for Conditional Sales Contracta in the office of the Clerk of Courts and recommended an appropriation or $800.00 for that purpose. Mr. Webber moved to concur in the recommendation of the City Manager and offered the folloming emergency Ordinance: (x12699) AN ORDINANCE to amend and reordaln Section a29. *Clerk of Courts". of the 1956 Appropriation Ordinnnce. end providing for an emergency. {For full text of Ordinance. see Ordinance Book No. 21. Page 312.) Hr. Webber moved the adoption of the Ordinance. The motion Was seconded by Rt. Hanes and adopted by the follomfng vote: AYES: Council members Davies. Banes. Pickett, Wnldrop, Webbev, Young, and the President. Mr. Woody .................. T. NAYS: None ........................ O. REPORTS OF COMRITYEES: NONE. UNFINISHED BUSINESS: CONSTRUCTION PROJECTS: Council at its meeting of March 12, 1956, having requested the City Planning Commission to advise whether or not it feels that it has the responsibility of setting up priorities on major construction projects. the Commission submitted its.report, stating that it believes that setting up priorities as to capital improvements is as much a part of the Waster Plan as the other phases of work which it is doing and that it will be glad to undertake the responsibility of setting up priorities on capital improvements if Council so desires and will inform the Commission of its views in the matter. Rr. Webber moved to.table the report for consideration at the next regular meeting of Council.. The motion mas seconded by Mr. Yaldrop and adopted. STREET NAMES-STREETS AND ALLEYS: Council at its meeting of March 12, 1956, having referred to the City Planning Commission for study and recommendation the question of opening Wilkins Street, N. E., through the Lnkens property, on which Sears Roebuck and Company are building a store, and a letter from Dr. and Mrs. C. N. Hamilton, requesting that Wilkins Street, N. E., be changed to Fourth Street, N. E., theCity Planning Commission submitted its report, stating that it is of the opinion that Wilhlns Street, located north of Carver Avenue, should beextended through the Lakens property to provide for proper access, and in consequence, approves the proposal to open said street with the recommendation that a dedication be made by the interested parties of the land necessary to provide for said street, the Commission suggesting that a drawing of the land to .:198 )e dedicated for the proposed street extension be made and subuitted to the ;ommissioe for its Inspection and advising that it fenl~ that the street lacated torth of Carver Avenue mhlch is now designsted es "Hllhias Street" should retsin its name and that the eem portion of the street to he dedicated and opened should ~e a continuation of MJlkius Street. #r. Webber moved to concur ia the report of the City Planning Commission smd that a copy thereof be mailed to Dr. and NFS. Hamilton. The motion mas seconded by Hr. Young and adopted. TRAFFIC-GRADE CROSSINGS-STREETS AND ALLEYS: Council having held an informal seetfng on January 5. 19S6. along mlth tbs City Planning Commission, to consider the recommendation of tbs City Planning Commission for widening, relocating and realigning streets and constructing an underpass under the tracks of the Winston- Salem Hivision of the Norfolk and Mestern Railway Company ia the vicinity of said railroad at Church Avenue and Tazewell Avenue, S. E** at which time the matter cas tabled for consideration at the meeting of April 2. 1956. the matter mas again before the body. Mr. Hanes moved to table the matter for consideration daring the study of the 19S7 badger. The motion mas seconded by Hr. Davies and adopted. SUBDIVISIONS: Council at its meeting of Hatch 26, 1956, having tabled until the next regular meeting of the body a report of the City Manager. advising that he had certain mork accomplished by city forces in connection with a subdivision by the Greenland Development Corporation at a cost of $1,270.01, which cost Mr. Ifoward E. Sigmon, President of the Corporation, bas declined to pay, bat has offered to convey to the city a lot on the north side of Albemarle Avenue. S. adjacent to the city's asphalt plant site, in settlement of the claim, the matter was again before Council. Mr. Young moved to refer the matter back to the City Manager for further study and recommendation. The motion wes seconded by Mr. Webber and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of March 26, 1956, having tabled for one week the recommendation of the City Manager that authorize the purchase of certain properties for the extension of Nineteenth ~treet, N. M., the matter was again before the body. Mr. Young mowed to direct the City Attorney to prepare an Ordinance, ~uthorizing the acquisition of a ID-foot strip of land on the north side of the ~roposed route from Grandvtew Avenue westward approximately 200 feet at an ~stimated cost of $200.00, a strip off the front of Lots I and 2. Block 6, Nllliamson Court, on the south side of the proposed road east of Grandvlew Avenue st an estimated cost of $900.00, and a 3S-foot strip along the rear of Lots 1, 2 and 3, Block 1, Dorchester Court, at a cost of $3,000.00, as recommended by the City Manager. The motion mas seconded by Mr. Hanes and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONXNG= Ordinance No. 12689, rezoning certain properties in the area north of Patterson Avenue. S. mo, between Twentieth Street and Ywenty-fourth Street, frow General Residence District and Business District to Light Industrial District, having previously been before Council for its first reading, read nod laid over, was again before the body, Hr. Davies offering the following for its second reading and final adoption: (n12669) AN ORDINANCR to amend and reenact Article I, Section 1, of Chapter 51, of the Code of the City of Roanoke, Virginia. in relation to Zoning. RHEREAS, application has been made to the Council of the City or Roanoke to have a portion of the hereinafter described property, being Lots 4 to B, lnclusiv Hlock 39. West End and Rlverview Rap, located on the south side of West Avenue, S. #.. extending from 21sl Street 250 feet to the east, all in the City of Roanoke, rezoned from General Residence DlstFlct to Light Industrial District, and (For full text of Ordinance. see Ordinance Hook No. 21, Page SO0.) Hr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. lianas and adopted by the folloming vote: AYES: Council membeFs Davies. Hanes. Pickett. Waldrop, Webber, Young, and the President, Hr. Woody .................. ?. NAYS: Hone ........................ O. STREEYS AND ALLEYS-CURB AND GUTTER: Ordinance No. 12690, authorizing the acquisition.of certain land for the wldenJng of Cedarhurst Avenue, N. W., between GFondview Avenue and Richland Avenue, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Hanes Briefing the following for its second reading and final adoption: (#126g0} AN ORDINANCE authorizing the acquisition of certain land for the widening of Cedarhurst Avenue. N. W., between Grandvlew Avenue and Richland Avenue. (For full text of Ordinance,see Ordinance Book No. 21. Page 309.) Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by Mr. Maldrop and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett. Raldrop, Webber, Young, and the President, Mr. Woody ................... 7. NAYS= None ......................... O. AIRPORT: Ordinance No. 12693, authorizing the City Manager to execute a lease, for and on behalf of the City of Roanoke, leasing unto Warren L. Rinsey approximately one hundred acres of land at the Roanoke ~uniclpal Airport for farming purposes, havin9 previously been before Council for its first reading, read and laid over, was again before the body, Mr. Maldrop offering the following for its second reading and final adoption: (~12693) AN ORDINANCE authorizing the City ~anager to execute a lease, for and on behalf of the City, leasing unto Warren L. Kinsey approximately one hundred acres of land at Roanoke Monicipal Airport (Roodrum Field), for a term of five years upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 21, Page 310.) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Hr. Woody ................ NAYS: None ...................... O. '~199 ZONIHG-SETBACK LINES: Ordiusece Ho. 12694, estnbliskleg building setback limits, to provide rot the mldenisg of the street to eighty feet, hnvieg previounly been before Council rot its first rending,' feud and laid over, uns agnln before the body, Hrs, Pickett offering the following for its second rending and final adoption: (u12694) AH ORDIHAHCE estsbliskiug bulldiug setback lines au the uortherly and southerly sides of Shesnndosh Avenue, N, We, from 24th Street to the west corporate limits of the Cftr to provide fur the uldeulug or Shennndonh Avenue, N. W., betmeen said points to 80.0 feet. (For fell text uf Ordinance, see Ordinance Book NCo 21, Page 311o) HFS. Pickett moved the adoption of the Ordinnnce. The motion Was secocded by Hr. Dunes and adopted by the following vote: AYES: Council meubers Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Hr. Wood! ................ T. NAYS: ~one ...................... O. ZONING: Ordinance Ho. 12627, renaming certain properties located on the north side of Shennndoah Avenue, H. W., west of Thirty-sixth Street, a distnnce of 470 feet. from Genernl Residence District to Ousiness District, having previously been before Council for its first reading on January 9. 1956, read and laid over, was again before the body. Mr. Davies offering thc following for its second reading and final adoption: (z1262T) AH ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. (For full text of Ordinance, see Ordinance Dook Ho. 21, Page Hr. Davies moved the adoption of the Ordinnnce. The motion was seconded by Mr. Haldrop and adopted by the following vote: AYES: Council members Davies. Hanes. Pickett. Waldrop, Webber, Young, and the President. Mr. Woody ................ T. NAYS: None ...................... O. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of March 26, 1956, having tabled until its next regular meeting a proposed Ordlnnnce to accept the offer of the Young Men's Christian Association to sell the city a strip of land from its property along Church Avenue and Fifth Street, S. W., Mr. Hanes moved that the following Ordinance be placed upon its first reading: (nl2TO0) AN ORDINANCE accepting the offer of the Young Men's Christian Association of Roanoke, Virginia, to convey unto the City approximately 3,500 square feet of real estate, and authorizing and directing the proper City Officials to do the necessary in the premises. WHEREAS, thc Young Wen*s Christian Association of Roanoke, Virginia, has offered to convey to the City of Roanoke approximately 3,500 square feet of land from its lot situate on the northeast corner of 5th Street and Church Avenue, S. and shown as shaded area un a map prepared by Frantz ~ Addkison, Architects, of Roanoke, Virginia, under date of January RTe 1956, and on file in the Office of the City Clerk, for $$o440.00, net cash, and . MMEREAS, the City Manager and the City Engineer have both recommended the THEREFORE, BE.IT DRDAINED by the Council or the City of Roanoke aa follows: 1. That the offer of the Young Men*s Christian Association of Roanoke, Virginia, to sell and convey unto the City approximately 3,500 square feet of land from its lot situate on the northeast corner of 5th Street and Church Avenue and shown as shaded area on a map prepared by Frantz ~ Addkison, Architects, of Roanoke, Virginia, under date of January 27, 1956, and on file in the Office of the City Clerk, for $6,440.00, net cash, be, and said offer is hereby, accepted; 2. That the City Attorney be, and he is hereby, directed to mahe, or cause to be made, the requisite examination of title to the aforementioned real estate and, if it be determined that the Young Men's Christian Association of Roanoke, Virginia, may legally convey a marketable fee simple title thereto to the City of Roanoke. to prepare a deed of bargain and sale Jn the premises and present the same to said owner for execution and delivery to the City; and 3. That the City Auditor, upon being supplied a certificate of title by thc City Attorney, shomin9 said land to be free of liens and encumbrances and, also, the above-mentioned deed of bargain and sale properly executed by the grantor conveying the same to the City in fee simple with covenants of General Marranty and modern english, and in form approvedby the City Attorney, be, and he is hereby, authorized and directed to issue a City vouche~ in the amount of $6,440.00 and deliver such voucher to the proper officer of the aforesaid Association, in exchange for such deed. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Manes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody .................... ?. NAYS: None .......................... O. STREETS AND ALLEYS: Council at its meeting of March 26, 1956, having directed the preparation of an Ordinance accepting the offer of Mrs. Nancy L. Mamilton to 9ire the city a strip of land on the south side of Sycamore Avenue, N. E., Mr. Young offered the following emergency Ordinance: (~12701) AN ORDINANCE authorizing the acceptance from MFS. Nancy L. Hamilton of a conveyance of a triangular strip of land approximately ISO. O feet in length on the south side of Sycamore Avenue, N. E.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. R1, Page 313.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody ............ 7. NAYS: None .................. O. MATER DEPARTMENT: Council at its meeting of March 26, 1956, having directed the preparation of a Resolution authorizing an agreement between the City of .;201 ?202 Roaooke aid the D.:$, Geological Serve7 for the eveckJoo of Ole tod tke of another gauging station on Tinker Creek nad Catakba Creek, respectively, end the operation of the two stutionso Mr. Rnldrop offered the following Resolutioo: (z12T02) A R£SOLUTIOH authorizing the execution of a co-operative agreesent between the City nnd the Geological Survey. Dnited Stores Departweot of Interior, for the investigation of later resources of Tinker and Catawba Creeks. (Per full text of Resolution, see Ordioaoce Book No. 21, Page 314.) Mr. Waldrop aoved the adoption of the Resolution. The lotion was seconded by Hr. Davies and adopted by the following vote: AY£S: Council wembers Davies. ~anes, Pickett, #aldrop. Hebber. Young, and the President, Hr. Hoody ................... 7. ~AXS: None ......................... O. MOTIOHS AND HISC£LLA~£OUS DUSINESS: HATER D£PARTN£NT: Hr. O. D. Nichols, a resident of ~he Garden City area. appeared before Council concerning an offer he lade the city to sell his rights to water flowing from a spring on his property and was informed by the Mayor that the matter was considered by Council at its meeting of Novelber T, 1g$5, and that Council at that time advised him that the tit7 has no need for the water from the spring and rejected the offer. There being no further business, Council adjourned. APPROVED President COUNCIL, REGULAR MEETING, Monday, April 9, 1956. The Council of the City of Roan*he met in regular meetlmg i! the Council Chamber in the Nnulcipal Building, Monday, April 9, 195&, at 2:00 **clock, p. m** the regelar meeting hour, with the President, Mr. Bo*dy, presiding. PB£SE~T: Council members Davies, Nones, Plckettt Maldrop, Mebber, Young, and the President, Mr. Moody ................... 7. ,ABSENT: None ............. ; ............. O. OFFICERS PRESENT: Mr. Arthur $, Owens, City Manager, Br. Randolph G. ihittle, City Attorney, Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend Arthur Mingfield, Pastor of the Nountain View Methodist Church. BINUT£S: Copy of the minutes of the regular meeting held on. Monday, April 2, 1956, having been furnished each member of Council, upon motion of Mr. Maldrop, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC BATTERS: NONE. PETITIONS AND COMMUNICATIONS: STREETS AND ALLEVS:.The City Clerk presented a petition from R. Douglas Nlninger and Lena M. NJnlnger, requesting that a l& l/2-foot roadway extending northerly from the intersection of Christian Avenne and Oakland Boulevard, for a distance of approximately five hundred feet, be vacated, discontinued and closed, in order to provide for the proper development of a new. subdivision in the.area, and stating that the petitioners propose.to:dedicateand establish as a public road a new 60-foot street, to be an extension of Oakland Boulevard, and to replace the portion of. said road they~ace requesting~be, vacated ..... In this connection, a communication from the City Planning Commission, stating that in order that provision might be made for the extension of Oakland. Boulevard and the~land properly developed~ it is necessary, to~relocatetheOld road and close that portion requested by the petitioners,%and recommending that Council vacate, discontinue and close the road requested by the petitioners, mas Mr. Davies offered the follomingResolution providing for the appointment (~12703) A RESOLUTION providing for the appointment of five freeholders, any three of whom mayact, as viewers In connection mith the application or petition of B. Douglas Nininger and Lena M. Nininger to vacate, discontinue and close a portion of a certain roadway sometimes known as Oakland Boulevard approximately 16 1/2 feet in width situated in the City of Roanoke; State of Virginia, more particularly described as follows, to wit: That certain original roadway or right* of-way approximately 16 1/2 feet in width known sometimes asOaklaud Boulevard extending northerly from the north line of Christian Avenue at its intersection with the present Oakland Boulevard northerly a distance of approximately 500 feet to the north line of the proposed Section One of Fleming Oaks. (For full text of Resolution, see Ordinance Book No. 21, Page 317.) !204 Ir, Davies no,ed tko adoption of the Resolution, The motion was seoooded by Br..Hates.and adopted b7 the roll,wing vote: · AYES: Council members Davies, Hanes, Pickett; Raldrop, gabber, Young, and the President, Mr. Mood! ................... ?. .. . NAYS: Nbue ........ ~ ................ O, Mr. Mebber then moved to set o.pablic heatlog on the questlol or VaCating, disco,trowing end closing that portion of u.16 l/2-foot roadway extending northerly approximately five hundred feet from the intersection of Oaklaod Boulevard end Christian Avenue, N..E., for 2:00 otclocko p. w., May ?f 1956, ia the Council Chamber. The motion was seconded by Mr. Young:and adopted, AIRPORT~STATE HIGHBAYS: The City Clerk presented a communication from the Commissioner of Ilighways of the Coemoomealth of Virginia. acknowledging receipt of Resolution Bo. 12692, adopted by Council on the 26th day of #arch,.1956, and advising that the State Dighmay Commission et its meeting of march 29, 1956, adopted the following Resolution: 'RBEREAS. the City of Roanoke proposes to extend the eastowest rnnmay at Mo,dram Field (the city airport of Roanoke, Virginia); nad NHEREAS, such extension will require the relocation or Primary Route 118 from a point Just south of the airport to the intersectionof Primary Route 117, a distance of approximately three-fourths of a mile; be it RESOLVEO, that this Commission approves the making of such a relocation provided it is done in:accordance with plans approved by our engineers, and provided FURTBER. that all expense in connection therewith will be borne by the City of Roanoke.' Mr. Hanes moved to file the communication. -The motion was seconded by Mrs. Pickett and adopted. BUDGET-CITY TREASURER: The City Clerk presented a communication from the City Treasurer, advising that his official bond, covering collections for the Commonwealth of Virginia, has been Increased from $3SO,OOO. O0 to $360,000o00, at au additional premium cost of $$5.21, and requesting an appropriation in that amount. Mr. Voong moved to concur in the request of the City Treasurer and offered the following emergency-Ordinance: (~12704) AN ORDINANCE to amend and reordain Section #8, *Treasurer~, of.the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page Mr. Young moved the adoption of the Ordinance. The motion was seconded by Br..Maldrop and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett, Raldrop, Mebber, Young, and the President, Mr. Moody ................ 7. NAYS: None ...................... O. ROANOKE PUBLIC LIBRARY: The City Clerk presented a communicatl6n from the President of the Roanoke Public Library Board, transmitting its report of the Roanoke Public Library for its operation during the year 1955. Mr. Hanes moved to file the communication aDd report. The motion was seconded by Ur. Davies and adopted. '205 LIBRARY BOARD: The City Clerk presented a. connuolcatlon from the President of the Roanoke Public Library Hoard,.advlslng that the terms or Dr, £. H. Dowsing Mrs. Nancy Lukens Hamilton and HFs, C. Cra*tan LJudsey,.Jr** aa members of the Roanoke Public Library Board, will expirm June 30, 1956. Mr. ~ebber moved to table tie matter until the regular meeting or June 1956. The motion was seconded by Mr. Young and adopted.. COMPLAINTS: The City Clerk presented a communication from Hrs. Myrtle Gillette, 924 First Street, S. ~., requesting that action be taken to eliminate . pigeons roosting on her property and causing damage thereto. Hr. Hanes moved to refer the communication to the City Manager as an administrative matter. The motion mas seconded by MFS. Pickett and adopted. CITY EMPLOYEES: The City Clerk presented a petition from 116 municipal employees, members of the United Construction ~orkers Union, requesting that the City Auditor be directed to deduct union dues odd Initiation fees from their pay and to transmit said deductions, along with a list showing the amounts and names from mhon said deductions were made, to the designated representative of the United Construction Morkers, Division of District 50, United Mine Morkera of America. In this connection, a representative of the union appeared before Council and asked that Council grant the request of the employees. Mr. Young moved to refer the matter to a committee consisting of Messrs. Arthur S. Omens, Chairman, }larry R. Yates and Randolph G. Mhittle for study and recommendation. The motion mas seconded by Mr. Mebber and adopted. BUDGET-CITY SERGEANT: The City Clerk presented a communication from the City Sergeant, requesting an amendment to the 1956 budget transferring $120.00 from the salary of one deputy listedthereJn at $3,720.00 to the salary of another deputy listed therein at $3,~fl0.00, nod a copy of aletter from the State Compensation Board to the City Sergeant approving the amendment to the budget requested by the~City Sergeant. subjectto concurrence by the City Council. Mr. Davies moved to table the matter until the next regularmeeting of~ Council and to request the City Sergeant to appear before. Councilat said meeting to discuss~the matter.~ The motion was seconded by Mr. Mebber and adopted. . REPORTS OF OFFICERS: ., AUDIT$~CLERK-OF COURTS: The City Manager sobmitted.a report of an ~udlt of the office of,the~Clerk'of,Courts for the pertod;June:6-December 31, 1955, as prepared by the State Auditor of Public Accounts, which report states that the Clerk has made full accounting for all fundsof record coming lnto~hiscustody. Mr. Young;moved to file the report. The motion wassecondedby Mr. Maldrop and adopted. BUDGET-SEMAGE DISPOSAL: The City Manager sobmitted;a~?eport, advising that the undergronnd:electric 'service condoit:entertngthe Sewage Treatment Plant blem out on the.morning.of December 29, 1955~ causing a~complete shutdown of the plant, and thatunder emergency actioo~he~had the unde.rground~servtce conduit renewed,and~had installed new service wiring connecting to,the mainswitchbonrd .2o6 or the plant at a cost of $40688.33, that under ezistlug rules he canaot authorize payment of. the account from rands appropriated in the 1956 budget rap replacements because it exceeds $3e000.00, and'requested that Council ratify his action and authorize payment of the account. ' Mr. Banes moved to concur in the recommendation of the City manager nad offered the follomlng Resolution: (n12705) A RESOLBTIOB ratifying the action of the City Manager in cnnsing tn be renemed the underground service conduit and to be installed new service miring to connect to the main smitchbonrd in the Sewage Treatment Plant at n cost of $4,68B.33. (For full text of Resolution, see Ordinance Boob No. 21, Page 315.) Hr. Banes moved the adoption of the Resolution. The motion mas seconded by Mr. Maldrop and adopted by the follouiug vote: AY£S: Council members Bavies. Banes, Pichett, Maldrop, Mebber, Young, and the President, Mr. Moody .................. T. NAYS: None ........................ O. BUDGET-ARMORY: The City Manager reported that the city is indebted to the American Legion in the amount of $400.00 for rental, covering space used by the National Guard in the American Legion Auditorium for the final four months of 1955, and recommended an appropriation of that amount in order that the account might be paid. Mr. Maldrop moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (z12706) AN OEDINANCE to amend and reordain Section a68, "Armory", of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 319.) Mr. Maldrop moved the adoption of the Ordinance. The motion mas seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Mebber, Young, and the President, Mr. Moody ........................ 7. NAYS: None .............................. STORM DRAINS: Council at its meeting of March 26, 1956, having referred to the City Manager for study and recommendation the complaints of property owners on Tenth Street, B. M., and Yardley Drive, N. M., that water stands in front of their properties after each rain, the City Manager reported that he can offer no solution to the problem unless the property owners will deliver to the city an easement giving legal authority to divert water onto private property. Mr. Hanes moved to concur in the report of the City Manager. The motion seconded by Mr. Davies and adopted. SUBDIVISIONS: Council at its meeting of April 2, 1956, having referred back to the City Manager for further study and recommendation bis report rendered on that date, recommending for Conncil's consideration the acceptance of an offer of Mr. Howard E. Sigmon, President of the Greenland Development Corporation, to convey to the city a lot on the north side of Albemarle Avenue, 5. E., adjacent .! to the city's asph·lt plant site, in settlement or · claim in the amount $1,270.01 For worh performed ~y the city in a subdivislo· or the Gree·lond Development Corporatlono.the City #manger submitted nn additional report, recommending that the Ordinances as enacted by City Cou·cil concerning subdivisions be cowplied with Ful~ln this case. Mr. Mebber moved to concur In the report of the City Manager. The motion mas seconded by Mr. Young and adopted. FIRE PREV£NTION: The City Manager reported that the Fire Prevention Bureau in the Fire Department has submitted a report of its operations which is on File in his office. The report was Filed. BUDGET-CITY PROPERTY: The City Manager reported that he has had a lot on Albemarle Avenue, S. E.. appraised and has received a statement from the appraiser in the amount of $10.00, for which no funds were provided in the lqS6 budget, and recommended an appropriation to pay this account. . Mr. Davies stated that since no Funds are available in the 1956 budget For land appraisals he feels that a fund for this purpose should be established and offered the Following emergency Ordinance: · (n12707) AN ORDINAHCE to amend and reordain Section ~HT, *Maintenance of City Property*, of the .1956 Appropriation Ordinance, and providing For an emergency. (For full text of Ordinance, see Ordinance Book HO. 21, Page 319.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Banes and adopted by the Following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ................... T. NAYS: None ......................... O. ,. AIRPORT: The City manager presented an Ordinance, authorizin9 the purchase )f land needed for the extension of the runway at the Roanoke Municipal Airport, which he recommended be adopted. Mr. Webber stated t~ttheResolution of the State Highway Department, authorizing the relocation of State Primary Route 116, opens the way for the extension of .the runway .and offered the following emergency Ordinance: (o12709) AN ORDINANCE providing for the acquisition of land necessary for the extension of the runway.system at Roanoke Municipal Airport; appropriatie9 funds to be used for the purchase thereof; and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ho. 21, Page 320.) Hr. Webber moved the adoption DE ,the Ordinance. YAw motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Moody .................... NAYS: None .......................... O. .FIRE,DEPARTMENT: The City Manager reported the employment of Henry LaPrad in the Fire Department, effective April 1, 1956., The report was filed. '208 REPORTS OF COMMITTEES: NONE. UNFINISHED SUSINESS: , CONSTRUCTION PROJECTS: Conlcil at its meeting of April 2, 1956. having tabled until its next regular meeting a report of the City Planning Commissiot with reference to the establishing of priorities ns to capital improvements, the matter mas again before the body. Mr. Maldrop moved to table the matter for further consideration and to request the City Planning Commission to meet with Council at 7:30 o'clock, p. m** June 15. 1956. in the Council Chamber, to discuss the matter and the Hunter Plan of the city. The motion mas seconded by Mr. Hanes amd adopted. ZONING-SETBACK LINES: Council at its meeting of December S. 1955. having referred to the City Planning Commission for study and recommendation the question of establishing building setback lines in the fire littts of the city, the City Planning Commission submitted a report, advising that in connection with Its study, and in view of plans for the construction of a business building on the outhwest corner of Day Avenue and First Street, S, N,, it feels that immediate =tlon should be taken to establish a setback line on Day Avenue, S. N,, between Jefferson Street and Franklin Road, twenty-five feet from the center line of said street, and to acquire a 5-foot strip of land from the property located on the southwest corner of Day Avenue and First Street, S. ~., to protect the future right-of=way width of Day Avenue. Mr. Young moved to set a public hearing on the question for 2:00 otclock, p. m., April 30, lgSO, in the Council Chamber. The motion was seconded by Mr. Hanes and adopted. CONSIDERATION OF CLAINS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12697, rezoning a portion of Lot 7, Block 1, Liberty Land Company, located on the east side of [illJamson Road two hundred feet north of Liberty Road, N. E., from General Residence Bistrict to Business District, having previously been before Council for its first reading, read and laid over, again before the body, Mr, Davies offering the following for its second reading and final adoption: (~1259T) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 21, Page 315.) Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Naldrop, Webber, Young, and the President, Mr. Woody .................... NAYS: None .......................... O. pURCHASE OF pROPERTY-STREETS AND ALLEYS: Ordinance No. 12700, providing for the purchase of a strip of land from the Young Men*s Christian Association property located on the northeast corner of Church Avenne and Fifth Street, S. at a price of $6,440.~0, for street widening purposes, having previously been before Coeucil, ror,lts first.reading, read and laid over, was again before the body, Hr. Young offerlpg the folloulug for its second reading end final adoption: (alg?O0) AN ORDINANCE accepting the offer or the Young Hen's Christian Association of Roanoke. Virginia, to convey unto the City approximately 3.500 square feet of real estate, and authorizing aid directing the proper City Officials to do the eecessary lathe premises. (For full text of Ordinance. see Ordinance Book No. RI. Page 316.) Br. Young moved the adoption of the Ordinance. The motion was seconded by Hr. ~aldrop end adopted by the folloulng vote: AYES: Council members Davies. Itanes. Pickett. ~aldrop. ~ebber, Young. and the President, Hr. ¥oody .................. T. NAYS: None ........................ O. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of April 2. 1956, having directed the preparation of an Ordinance authorizing the acquisition of certain properties for the future extension of Nineteenth Street. N. H.. as recommended by the City Rnnager~ Hr. Maldrop moved that the follouiug Ordinance be placed upon its first rending: (~12709) AN ORDINANCE authorizing the acceptance of the offer of Mr. O. C. Frink to sell the City a 35-foot wide strip of land across the roar of Lots 1, 2 and 3, Block 1, Dorchester Court Hap, and authorizing and directing the proper City Officials to do the necessary in the premises. MHEREAS, Mr. O. C. Frink has offered to sell the City a 35-foot wide strip of land across the rear of Lots 1, 2 and $, Block 1, Dorchester Court Map, for $3,000.00, cash net, which offer the City Manager has recommended be accepted and in which recommendation this Council concurs; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of O. C. Frink to convey unto the City a 3S-foot wide strip of land across the rear of Lots 1, 2 and 3, Dlock 1, Dorchester Court Map, for $3,000.00, cash net, be, and the said offer is hereby, accepted; 2. That the City Attorney be, and he is hereby, directed to make, or cause to be made, the requisite examination of title to the aforesaid strip of land and, if It be determined that O. C. Frink, or the record owner thereof, may legally convey a marketable fee simple title thereto to the City of Roanoke, to prepare n proper deed of bargain and sale in the premises and present the same to the owner for execution and delivery to the City; and 3. That the City Auditor, upon being supplied a certificate of title by the City Attorney, Showing said land to be free of liens and encumbrances, and also the above-mentioned deed of bargain and sale properly executed by all the parties having any interest in the aforesaid land, conveying the same unto the City in fee simple and with covenants of General Marranty and modern english, and in form approved by the City Attorney, be, and he is hereby authorized and directed to isaac n City warrant in the amount of $3,000.00 and deliver such warrant to O. C. Frink, or to the parties entitled to said fund, in exchange for such deed. -2 0 The motion Mas seconded bl'Wrs. Pichett and odopted bi the follomlog vote: AYES: CoeBcii members Davies, Hanes, Pickett, Naldrop, Webber, Young, end the President, Hr. Wood! ................ ?* NAYS: None ...................... O. REFHNOS AHO REBATES-LICENS£S: Council at its meeting of'April 2. 1956, having directed the prepnratioo of a Resolution authorizing a refund of $9.00 to Hr. R. S. Argabrlgbt, covering an unused motor vehicle license tag, Hr. Davies offered the follomieg Resolution: (~12710) A RESOLUTION ordering a refund to Hr. R. S. Argabrigbt is the amoont of $9.00. (For full text of Resolution, see Ordinance Hook No. 21. Page 321.) Mr. Davies moved the adoption of the Resolution. The motion mas seconded bi Rt. Naldrop and adopted by the following vote: AYES: Council ueubers Davies, Hanes, Pickett. ~aldropo Young, and the President, Mr. Noodl .................. 6. NAYS: Hr. #ebber .............. 1. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business. Council adjourned. APPROVED President COUNCIL, REGULAR MEETING, Monday, April 16, 1956, The Council of the City of Roanoke met In regular meeting in the Council Chamber in the Municipal Building, Monday, April l&, 1956, et 2:00 o'clock, p. the regular meeting hour, with the Vice President, Mr. Banes, presiding. PR£$ENT: Council members Davies, Picbett, Wnldrop, Webber. Young. and the Vice President, Mr. Hanes .......................... 6. ABSENT: The President, Mr. Woody ........... 1. OFFICERS PR£SENT: Mr. Arthur So Owens, City Manager, Mr. Randolph G. Whittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend E. R. Ziegler, Pastor of the Nllliamson Road Church of the Brethren. MINUTES: Copy of the minutes of the regular meetin9 held on Monday, April 9, 1956, having been furnished each member of Council, upon motion of Mr. Davies, seconded by Hr. Waldrop and adopted, the reading was dispensed with and the minutes approved as recorded.' HEARING OF CITIZENS UFON PHBLIC ~ATTERS: BUDGET-CITY SERGEANT: Council at its meeting of April 9, 1956, having received from the City Sergeant a request for the transfer of $120.00 from the salary of one Deputy Sergeant at $3,?20.00 per annam to that of another Deputy Sergeant at $3,400.00 per annum, thus making both salaries $3,600.00 per annum, and a communication from the State Compensation Board, approving the request of the City Sergeant, subject to concurrence by the Council of the City of Roanoke. and the matter having been laid over nntil the next regular meeting of Council, at which time the City Sergeant was requested to be present, the matter was again before the body. In this connection, the City Sergeant appeared before Council and stated that he desires to equalize the salaries of the three lowest paid deputies in his office, which will bring about no increase in the expense of his office. Mr. Webber moved to concur in the request of the City Sergeant and offered the following emergency Ordinance: (ni2711) AN ORDINANCE to amend and reordain Section =27, "Sergeant", of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 322.) Hr. Webber moved the adoption of the Ordinance. The motion was seconded iby Mr. Young.and adopted by the following vote: AYES: Council members Davies, Pickett, Waldrop, #ebber, Young, and the Vice President, Hr. Hanes .................. NAYS: None ........... . ............. O. (The President, Mr. Moody, absent) PETITIONS AND COMMUNICATIONS: STREETS AND ALLEYS: The City Clerk presented a communication from Dodson, Pence and Coulter, Attorneys for Hodges Lumber Corporation, requesting that Sixth Street, N. W., between Shenandoah Avenue and the Norfolk and Western right-of-way, be vacated, discontinued and closed. ,212 Mr. Young moved to refer the request to tke City Planning Commission for study eld recommendation. Tke motion was seconded by Mr. Davies eld adopted, STREETS AND ALLEYS: The City Clerk presented a petition from thirty-nine residents of Shady Lama Avenue, N, W.o requesting that the street be widened betmeea Clarendon Avenue smd Broad Street, in order to facilitate the rlom of traffic, the petitioners advising that the street is only nineteen feet and nine inches wide from curb to curb and that the city has adequate right~of-muy for the requested widening. Hrs. Pickett moved to refer the request to the City Manager for study and recommendation. The motion mas seconded by Mr. Waldrop and adopted. EASEMENTS: The City Clerk presented a communication from Mr. Leon R. Rytchen, requesting the abandonment of a S-foot public utility easement lying hetmeeo Lot 15, Block 1. Swarthuore Place, and Lots 3 and 4, Rartman Court. extend- ing northeastward from Ferncliff Avenue, N. W** west of Coveland Drive. Mr. Woldrop moved to refer the request to the City Planning Commission for study and recemmendation. The motion was seconded by Mr. Young and adopted. POLICE DEPARTMENT: The City Clerk presented a communication from the State Department Of Welfare and Institutions, transmitting a report Of an inspection of the police lockup of the City of Roanoke made by its Division of Corrections on March 13, 1956. The report was filed, CITY JAIL: The City Clerk presented a communication from the State Department of Welfare and Institutions, transmit~iog a report of an inspection of the City Jail made by its Division of Corrections on March 13, 1956. Thc report was filed. SEWAGE DISPOSAL: The City Clerk presented a communication from the State Water Control Board. advising that at its meeting of January 26-27, 1956. it adopted the following Regulation: *Regulation No. 3 - Consideration of Plans for Sewage Treatment Facilities to Serve Non-Governmental Owners The Board will (1) consider proposals and plans and specifications covering sewage treatment facilities to serve non-governmental owners insofar as they relate to the degree of treatment required to prevent pollution, and (2) not issue certificates for such treatment facilities in any locality where the political subdivision has a master zoning plan and zoning ordinancea until a use permit or approval of the area for subdivision and a use permit for a proposed treatment plant site have been 9ranted.* and that on the basis of further discussion at its meeting of March 20-21, 1956, the Board ruled that it will hold a hearing to consider amending Regulation No. 3 as follows: *Regulation No. 3 (amended) o Consideration of Plans for Sewage Treatment Facilities to Serve Non-Governmental Owners The Board may reqolre the approval of the governing body of the political subdivision concerned as to the location or alta of any proposed non-governmentally owned semage treatment plant before giving its final approval or issuing a certificate.~ Mr. Webber moved to refer the communication to the Roanoke Valley Regional Planning and Economic Development Coumission and to the City Attorney for study and recommendation. The motion was seconded by Mr. Young and adopted. GARBAGE gEMOVAL: The City Clerk presented a communication from the Hollies goad Civic League, enclosing a petition signed by.lgO residents of the Hollies goad area, protesting the establishment of a damp ia the East Gate section. la this connection, the City Manager advised Council that the city does not intend to establish a dump, bet rather to use the land rill method of disposing of garbage and trash on the city-owned property in that area, Mrs, PlcRett moved to refer the petition to the City Manager as an adminlstr tire matter with the suggestion that he meet uith the residents of the area and explain the program to them. The motion was seconded by Mr. Davies and adopted. REPORTS OF OFFICERS: BUILDING CODE: The City Manager advised that an Ordinance previously adopted by Council, controlling the erection of fences in the City of Roanoke, was repealed upon the adoption of the present Building Code and recommended tbat Council consider the adoption of an Ordinance reestablishing the control of the erection and maintenance of fences fa the city. Hr. Young moved to refer the matter to the City Manager and the City Attorne for the preparation of an Ordinance, carrying out the suggestion of the City Manager, which they can recommend to Council for adoption. The motion was seconded by Mr. Waldrop and adopted. GRADE CROSSINGS: The City Manager submitted a report, stating that he has caused a section of Jefferson Street. between Campbell Arenue and Salem Arenue, to be repaved after the installation of a storm drain, in connection with the Jefferson Street Viaduct, and that the cost of such repaying is not included in the viaduct contract, the City Manager requesting that Council authorize payment of the cost of such repaying In the amount of $390.00, one-half of which will be refunded by the Norfolk and Mestern Railway Company. Rt. ~ebber moved to direct the City Attorney to prepare a proper Resolution authorizing payment of the account. The motion was seconded by Mr. Waldrop and adopted. BUDGET-CITY JAIL: The City Manager reported that in making certain repairs to the City Jail the cost was greater than had been anticipated mhen preparing the 1956 budget and requested that $300.00 be transferred from Clothing for Rork Gang to Repairs to Jail in the Jail Account of the 1956 budget. Mr. ~aldrop moved to concur in the request of the City Manager and offered the following emergency Ordinance: (x12712) AN ORDINANCE to amend and reordaln Section ~30, "Jail", of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 323.) Mr. [aldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies. Pickett, Naldrop. #ebber, Young, and the Vice President. Mr. Hanes ................ 6. NAYS: None ....................... O. (The President. Mr. Woody, absent) '2~3 NEFOETS*OF CONNITTEES:.NONE. : ~ UNFINISHED BUSINESS: NONE. CONSIDERATION OFCLAINS:iNONE ........ INYRODUCTION AND.CONSIDERA?ION OFORUINANCES.AND RESOLUTIONS: : PURCUASE OF FEOPERTT-STREETS:AND ALLETS:. Ordinsece No..12709, providlsg for the purchase of · 3S-foot wide strip of laud across-.the rear of Lots 1, 2 asd 3, Ulook 1, Dorchester Court, from #r..O.C. Frink, et a price of $3,000.00o in connection with the proposed extension of Nfeeteenth Street, N. ~,, baylog previously been before Council rot its first reading, read and laid over, was again before the body, Hr. Davies offering the following for its second reading end final adoption: (#12709) AN ORUINANC£ authorizing the acceptance of the offer of Hr. O. £rink to sell the Citye 3S-foot eide strip of land across the rear or Lots 1, 2, and 3, Block 1, Dorchester Court Nap, and. authorizing and directing the proper EitT Officials to do the necessary in the premises. (For full.text of Ordinance, see Ordinance Book No. 21, Page 321.) Hr. Davies moved the adoption of the Ordinance. The motion uss seconded by Mrs. Pickett and edopted by the following vote: AYES: Council members Davies, Pickett, Naldrop, #ebber, Young, and the Vice President. Hr. Banes ............... 6. .. NATS: None .................... ~-O. (The President. Mr. NOddy. absent} MOTIONS AND MXSCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED ATTEST: President COUNCIL, REGULAR MEETIBG, Monday, April 23, 1956. The Council or the City of Roanoke met lB regular meeting in the Council Chamber in the Municipal Building, Monday, April 23, 1956, et 2:00 o'clock, p. m., the regular meeting hour, with the Vice President, Mr. Banes, presiding. PRES£NT: Council members Davies, Pickett, Maidrop, Mebber, Young, end the Vice President, Mr. Banes .................. ABSEBT: The President, Mr. OFFICERS PRESENT: Mr. Arthur S, Omens, City Manager, Mr, Randolph G, Mhittl, City Attorney, Hr. Barry R. Va,es, City Auditor, and Mr, J, Robert Thomas, City Clerh. The meeting mas opened with a prayer by the Reverend O. L. medlar, Pastor of Trinity Lutheran Church. MIBBYE$: Copy of the minutes of the regular meeting held on Monday, April 16, 1956, having been furnished each member of Council, upoc motion of Mr. #aldrop, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEABING OF CITIZENS UPON PUBLIC MATTERS: STREET PAVING: The City Manager having caused to be advertised au JnvJtatio for bids for paving of streets at various locations in the city for the year 1956, the City Clerk reported the receipt of the following bids: Robert T. Bain Company, $155,600,0~ Virginia Asphalt Paving Company, Incorporated, $150,540.00; Adams Construction Company, $148,480.00; and Sam Finley, Incorporated, $157,800.00. Mr. Young mored to refer the bids to a co.mi,tee consisting of Messrs. Arthur S. Owens, John L. Men,worth and B. Cie,us Broyles for tabulation and report. The motion was seconded by Mr. Maldrop and adopted. PETITIONS AND COMMUNICATIONS: STREETS ANU ALLEYS: The City Clerk presented a communication from the Roa~i Hospital Association, requesting that a portion of Park Road, $. E.. extending in a southerly direction from AshStreet through the property of the Roanoke Hospital Association to the right-of-may of the abandoned,Mill Mountain Incline, be vacated, discontinued and closed, and asking that if a public bearing should be required in the matter that it be set for May 14. 1956. Mr. Mebber moved to refer the'communication to the City PlanningCommlssion and to,the City Raeager for study and recommendation and to set a public hearing on the matter,for 2:00o'clock, p. m., May 14, 1956. .The motion was seconded by ~r. Waldrop and adopted. SEMAGE DISPOSAL: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County, requesting that the contract of September 28, 1954, between the City of Roanoke audthe County of Roanoke, dealing uith the treatment of domestic and commercial wastes, be amended by the inclusion of ~dgehlll and Edgehill Estates to the:south of the city. Hr. Maldrop Moved to refer the matter to a committee consisting or Messrs. Roy L. Mebber~ Chairman,.Malte~.L. Young, Arthur S. Owens.and Randolph C. ~hittle for study amd recommeudatlon~ The motion was seconded by Mr. Davies and adopted. '2&6 AIRPORT-STATE HIGHMAYS: The City Clerk presented a Resolution o! abe Board or Supervisors of Roanoke County, concurring in the closing ned relocation or Virginia State Route No. IlO, ia connection with the proposed extension or the east-west runway et the Roanoke Municipal Airport. .The R6solwttoe wes ordered riled. LEGISLATION-PRRCBASXKG DEPARTMENT: The City Clerk presented Senate Joint Resolution No. 33, adopted by the.General Assembly of Virginia during its 1956 session, declaring it to be the policy of the Commonwealth that the state and its political subdivisions give preference to the purchase of Supplies, equipment and materials produced .in Virginia. Mr. Maldrop moved to receive the Resolution and .to refer It to the Purcbasi Agent of the city. The motion was seconded by Mrs. Pickett and adopted. BUDCET-TRAFFIC-SCROOLS: The City Clerk presented n communication from the Grandin Court Parent-Teacher Association, advocating the establishment of Mothers Patrols ,in the vicinity or schools. Mrs. Pickett moved to refer the communication to the City Manager for his study and preparation of an estimate or the cost of establishing such patrols in the vicinity of schools where the City Manager and the Roanoke City School Board consider them needed, such estimate to be within the present budget appropriations, and to submit his report thereon. The motion nas seconded by Mr. Raldrop and adopted. STORM DRAINS: The City Clerk presented a communication from Mr. L. H. Price requesting that action be taken to eliminate water standing in the street In front or his property at 3123 Hillcrest Avenue, N, Mr. Maldrop moved to refer the request to the City Banager as an administra tire matter. The motion was seconded by Mr. Young and adopted. REPORTS OF OFFICERS: AIRPORT: The City Manager preaented a report, advising that he has been unable to reach an agreement for the purchase of the Coulter land needed for the extension of the east-west runway at the Roanoke Municipal Airport end recommended that Council adopt an Ordinance authorizing condemnation of the same. Mr. Maldrop moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (z12713) AN ORDINANCE authorizing and directing that conde~natlon proceed- ings be instituted to acquire for and on behalf of the City the fee simple title in nnd to a certain tract of land situate in Roanoke County. Virginia, containing 19.B53 acres of land, more or less, to be used for the purpose of constructing, enlarging, maintaining and operating the City*s Municipal Airport and landing fields; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 323,) Br. Maldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote:, AYES: Conncll members Davies, Pickett, Maldrop, Mebber, Young, and the Vice President, Mr. Manes .................... NAYS: None ...................... O. (The President, Hr. Moody, absent) Jl BRIDGES-STATE HIGHMAYS: The City Manager reported that the Commissioner of flighunys of the Commonwealth has again brought up the request rot the cltyes approval end participation in ratty per cent of the cost for reconstruction of abe bridge over Peters Creek nt the corporate limits of the city al Route BO. 117, at an estimated cost of $9,000.00, the City Manager explaining that the estimated cost of Sg,O00, O0 might Rot be sufficient, and recommended that Council approve the reconstrection of the bridge and the cityts participation in the cost to the extent of fifty per cent of.$10,O00oO0, Mr. Mebber moved to direct the City Attorney to prepare a Resolution carryi out the recommendation or the city Manager. The motion mas seconded by Mr. Waldro and adopted. GARBAGE DISPOSAL: The City Homager reported that he is unable, due to legal technicalities, to acquire approximately 3 1/2 acres of land from Smlcegood needed in connection uith the land fill area along Tinter Creet and recommended that Council authorize condemnation of the said property° BF. YOung moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~12714) AN ORDINANCE authorizing and directing that condemnation proceed- ings be instituted to acquire, for and on behalf o~ the City, the fee simple title in and to a certain 3.42 acre tract of land, more or less, situate on the south and east sides of Tinker Creek in the.City of Roanohe, designated on the City's Tax Appraisal Map as Lot Bo. 3240301, to be used for public purposes; and providing for an emergency. , .. · (For full text of Ordinance, see Ordinance Boob No. 21, Page 325.) Br. Young moved the adoption of the Ordinance. Yhe motion mas seconded by Bra Davies and adopted by the following vote: AYES: Council members Davies, PicRett, Waldrop, Webber, Young, and the Vice President, Mr. Banes ................... 6. · NAYS: None ..................... O. (The.President, Mr, Woody. absent) STADIUM-MAHER FIELD: The City Manager presented a tabulation of bids receiv, by the Purchasing Agent for bleachersto be installed at Victory;Stadium, as follows: J. L. Robertson, Flowers School.Equipment.and Virginia School Equipment Company, the City Manager advising that the low bid submitted by Flowers School Equipment in the amount of $17,469.64does not fully meet specifications, mhile' that of the next low bidder, J. L. Robert$on, in the amount of $20,783.00, does meet s'pecifications in every detail..~ ~ . . Mr. Young moved'tutelar the bids to.a committee'consisting of.Messrs. Herbert A. Oavies, Chairman, Arthur Hunter foratudy and.recommendation, said~studyto include the question of the need for the bleachers. The motionwas seconded by Mr. Maldrop and adopted. BUDGET-DEPARTMENT OF PUBLIC ~ELFARE: The City Manager requested that a transfer of $?OO,OObe~made from Repairs to BulldingtoMages ln.the~elfare Services account ofthelg56 budget, in order to provide for certain repairs to t~ NortheastDay Nursery. :2!8' Hrs. Pickett moved to concur in Ibm recommendation of the City Manager and offered~the r,il,ming emergency Ordinance: (a12715) AN OROINANC£ to amend and reordnin Section a53, 'Welfare Services" of the 1956 Appropriation Ordinance, and providing rot an emergency. (For ~ull text of Ordinance, see Ordinance Book No. 21, Page 326.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded b7 Mr. Davies and adopted by the r,Il,ming vote: AYES: Council members navies, Pickett, Wnldrop, Webber, Young, end the Vice PresldenL, Mr. manes ...................... 6. NAYS: None ........................ O. (Tke President, mr. Moody, absent) BUDGET-POLICE DEPARTMENT: The City Manager presented a communication from the Superintendent of Police. recommending that Council authorize the expenditure of an unexpended balance of $622.00 in the Police Department equipment account for motor vehicles and appropriate an additional $278.00 to said account, in order to permit the purchase of a dual patrol wagon and ambulance at a cost of $4,000,00, the City Manager advising that the 1956 budget provides $3,000.00 for the purchase of a 3/4-ton patrol wagon. mr. Mebber moved to refer the matter back to the City manageF for the purchase of a patrol wagon within the appropriation set in the 195& budget. The motion was seconded by MF. Young and adopted. ZONING-$E~BAC£ LINES: The City Manager presented a communication from Southern Investment Company, Incorporated, owners of property on the southuest corner of Campbell Avenue and Third Street. S. M., requesting that the corporation be authorized to erect show windows one story in height over the 10-foot setbach line to the sidewalk in front of the corporation's property on Third Street, S. N., in coneection with a proposed building to be constructed on the property, with the understanding that in the event the city should ever wish to purchase this 10-foot setback strip for street widening purposes the corporation will then sell at a fair market price and will make eD charge for the on~ story structure, provided it has been in use for ten years, the City Manager advising that he is unable t, recommend the granting of the request. In this connection, Mr. E,bert #. Uutshall, Secretary-Treasurer of Southern Investment Company, Incorporated, appeared before Council and stated that the corporation is willing to reduce the term during which it reserves the right to require the city to pay a portion of the cost of the building over the setback line from ten years to three years; whereupon, the City Manager stated that he can see no reason for objecting to the granting of the request, Mr. Webber u,ged to direct the City Attorney to prepare the proper Ordlnanc~ and necessary papers granting the request of Southern Investment Company, Incorporated. The motion was seconded by Mr. Young and adopted. EASEMENTS-STREETS AND ALLEYS: The City manager presented a report, advising that Mr. Elmore m. metes has requested easenents across an alley and Clay Street, $. E., south of Clinton Avenue, and permission to lay copper mire radials under said street and alley, in connection with the proposed erection of a radio station on bis property, to which request the City Manager advised he sees no objection. Mr. Young moved to direct the City Attorney to prepare the proper Ordlons grouting · liceise to gr..EIBore D. Belss rot the purpose.requested, The motion was seconded by Mr, #aldrop and adopted, STREET LIGHTS: The City Manager presented s report, recommending the changing nf twenty 2500 luxes street lights to 6000 lumen units and the installa- tion of twelve additional 6000 ImBeD street lights° as well as seven additional 2500 lumen street lights, aa and in the vicinity of Tenth Street, N. W** from gilliamson Road to Orange Avenuea the removal of one existing 2500 lumen street light at Tenth Street amd Rugby Oonlevnrd, N, M.;.und the installation of two 2500 lumen street lights in Thrasher Park. Mr. Maldrop moved to concur iu the recommendation of the City Manager and offered the following Resolution: (z12716) A RESOLUTION authorizing the Improvement of the ntreet lighting on and in the vicinity of Tenth Street, N. M., from gilliamson goad to Orange Avenue~ also, authorizing the installation of two street lights in Thrasher Park, (For full text of Resolution, see Ordinance Book No. 21. Page 327.) gr. Maldrop moved the adoption of the Resolution. The motion was secoude bI Hr. Davies and adopted by the following vote: AYES: Council Bembers Davies, Pichett. galdrop, Webber, Young, and the Vice President, gr. Danes ............. 6. NAYS: None .................. O. (The President, Mr. Moody, absent) BUDGET-CITY JAIL: The City Manager submitted a report, together with a request from the City Sergeant for an appropriation of $1,500.00 to Repairs la the Jail account of the 1956 budget, and advised that he is not familiar with the requirements for the appropriation. gr. Mebber moved t° refer the matter to the City ganager for discussion with the City Sergeant and to submit his recommendation to Council. The motion was seconded by Mr. Young and adopted. REPORTS OF COMMITTEES: NONE. UNFINISHED DUSINESS: ZONING: Council at its meeting of April 2, 1956, having referred to the City Planning Commission for study and recommendation a communication from C, S. McNulty, Jr,, and Company, requesting that approximately 4 1/2 acres of land facing 657 feet on Crandin Road, S. M., betweenCarter Road and Carlton Road, be rezoned from General Residence District to Business District, the City Planning Commission submitted its report, advising that the petitioner and his attorney appeared before the Commission and filed an amended request that the area to be rezoned be reduced to a parcel of land fronting 170 feet on Grandln goad for use in the erection of a filling station, that the Commission is of the opinion that the rezonlng of the property for business purposes would depreciate the values of existing residences in the. immediate neighborhood and would be contrary to the public interest, the City Plnnning Commission recommending that Council deny the request of the petitioner. 220 · -- la this coleectiom,.the Clt! Clerk presented m ccmmjeJemtJoe from C. NcSulty,Jr** uud CoBpeuyo requesting permission to mithdrem its petition rot the rezooing or the property. Mr. Davles'moved to concur.in the re~uest for permission tc mithdrnw the L petition forrezeuing, The motlol wes seconded by Mr. Weldrop and adopted. EASE#ENTS: Coemcil~ut~its meetieg of April 16, 1956, huvimg referred to the City Plouniug Commission for study nnd rucommemdntioa m communication from Mr. Leon R. lytohem, requesting the ubsmdoumemt of,u 5-Foot public utility easement lying betmeeu Lot 15, Dicer l,~Suarthmore Place, end Lots 3 and 4, Hurtmsu Court, extending northeastward from Fermeliff Avemue. N. W** mestof. Coveland Drive, the City,Planning Commission subuitted its report, advising that it can foresee no need for retaining the S-foot easement and approving the abandonment thereof. The City Nanager advised that he has not hud an opportunity to look into the matter end can make no recommendation thereon ut this time. Mr. Waldrop moved to refer'the matter to the City Manager for study end recommendation. The motion mss seconded by Mr. Davies and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SEWAGE DISPOSAL: Council at its meeting of March IR, 1956, having referred to a committee consisting of Messrs. Roy L. Webber, Chairman, Malter L. Young, Arthur S. Omens nad Randolph G. Mhittle a request of the Board of Supervisors of Roanoke County that the contract.of September 28, 1954, between the City of Roanoke and the County of Roanoke, dealing mith the treatment of domestic and commercial wastes, be amended by the addition of the propertyof Miller E. Petty and the M. W. Boxley Estate lying north of the corporate limits of the city and east of U. S. Route No. 11, the committee submitted its report, recommending that the request of the Board of Supervisors be concurred in and that Council adopt a Resolution providing for the requested amendment. Mr. Davies moved to concur in the report of the committee and offered the folloming Resolution: (#12717) A RESOLOTION amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes. (For full text of Resolution, see Ordinance Book No. 21, Page 328.) Mr. Davies mored the adoption of the Resolution. The motion mas seconded by Mrs. Pickett and adoptedby the following vote:. AYES: Council members Davies, Pickett, Maldrop, Webber, Young, a~d the Vice President, Mr..Hanes ..................... NAYS: None ............................ O. (The President, Mr. Woody, absent GRADE CROSSINGS: Council at its meeting~of April 16, 1956, having directed the City Attorney to prepare a Resolution, ratifying the action of the City Manager in having caused a portion of Jefferson Street between Campbell Avenue and Salem Avenue to be repaved by the Rea Construction Company and directing the payment of $390.00 therefor, Mr. Waldrop offered the following Resolution: (e12718) A RESOLUTION directing the City Auditor to pay Rea Construction Company $390.00 for repaying u portion of Jefferson Street betmeen Campbell and Salem Avenues. (For full text of Resolution, see Ordinance Dooh Mo. 21, Page 330.) Mr. Muldrop moved the adoption or tho Resolution. The motion mas seconded by Hr. Young aid adopted by tho follouJng vote: AYES: Council members Davies, Pickett, Maldrop, Mebber, Young. and the Vice President, Mr. Danes ................ NAYS: Moue ....................... O. (The President. HF. Moody, absent) #OTIO~S AMD #ISCELLANEOUS B~$1NESS: CITY AUDITOR: Mr. ~ebber stated that the City Auditor bas been preparing a weekly cash balance report for members of Council since the depressioo days ia the early 1930's for mhich he can see no Justification udder present conditions in viem of the fact that Council receives a complete and adequate monthly financial report of the city's operation and moved to direct the City Auditor to discontinne the preparation of the meekly report. The motion Was seconded by Mr. Davies and adopted. There being no further business. Council adjourned. APPROVED 221 222 The Council of the City of Roanoke met ia regulor meeting in the Council Chamber in the'Municipal Ouildlng, Monday, April 30, 19~&, at 2:00 ,*clock, p. m., the regular meeting h,Bt, mith the President, Mr. Woody, presiding. PRESENT: Council members Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody .................. ?. ABSENT: None ......................... OFFICERS pRESENT: Ur. Arthur S. Owens. City Manager. Mr. James N. Kincanon. Assistant City Attorney, Mr. Harry R. Tares, City Auditor, end Mr. J. Robert Thomas. City Clerk. The meeting was opened with n prayer by the Reverend H. C. Darbour, Pastor of Woodlawn Methodist'Church. MINHTES: Copy of the minutes of the regular meeting held on Monday, April 23. 195~, having been furnished each member of Council. upon motion of Maldrop, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: TRAFFIC: A public hearing on the proposed revision of the Traffic Code of the City of Roanoke having been set for 2:00 o*cio~k, p. m., April 30, 1956, in the Council Chamber, and notice of the hearing having been published in The Roanoke World-News on April 13. 1956, the bearing was held. No one appeared for the hearing. Hrs. Pichett stated that the proposed Traffic Code contains no provision for limiting the number of passengers which might be carried in passenger vehicles and that she has noticed on several occasions vehicles transporting children to schools which appeared to be loaded to such an extent that they might endanger the safety of the children. Mrs. Pickett also stated that in Section 25 (h) of the proposed revised Code the first sentence reads: ~No person shall steal or attempt to steal a ride upon any vehicle or bus and no person shall ride upon the rear of any vehicle without the consent of the person in charge#° and questioned whether or not the use of the word #stealn might be construed in any may with hitchhiking. Mr. Webber moved to table the proposed revision to the Traffic Code until the next regular meeting of Council and to refer to Mr. James N. Kincauon and Judge Beverly T. Fitzpatrick for study and recommendation the questions raised by Mrs. Pickett. The notion was seconded by Mr. Waldrop and adopted. ZONING-SETBACK LINES: A public hearing having been set for 2:00 o'clock, p. m., April 30, 1956, in the Council Chamber, on the question of establishing building setback lines on Day Avenue. S. M,, between Jefferson Street and Franklin Road, as recommended by the City Planning Commission, and notice of the hearing having been published in The Roanoke World-News on April 13, 1956, the hearing was held. -I '-223 Bra. F, ~. [nip appeared before Conncll and stated that she omas two lots In the area and that she does not nederstend whether the building line mill be fire feet or ten feet from the present stceet line In front of her property. Bra. [nip mas advised that the city proposes to establish a 2$=foot setback line from the center of the street mhlch will be five feet back of the present iproperty line in front of her lots. Mr. E. Claude Pace, representing the omners of property at 203 Day Avenue, S. B., appeared before Council end advised that the building on this property will project over the setback line. if established. Mr. Pace was advised that no action is contemplated for the widening of the street at this time. but that uben such action is taken the omners will he compensated for the land nnd damage to their property at the time the street is uidened. No oneelse appearing, Hr. Young moved that the following Ordinance be placed upon Its first reading: (n12719) AN ORDINANCE establishing building setback lines on the south side of Day Avenue, S. U., from Jefferson Street to 1st Street, S. ~.. extending 25.0 feet from the present center line of said Day Avenue, S. ~., as shown on Plan 4177 prepared in the Office of the City Engineer, Roanoke, Virginia, under date of April 5, 1956, and, also, on both the north and south sides of said Day Avenue, S. ¥., from /st Street to Franklin Road, S. ~., extending 25.0 feet from the present center line of Day Avenue, as shown on the aforesaid plan. with the intent of providing a future 50.0 foot width for said Day Avenue from Jefferson Street to Franklin Road, S. ~HEREAS, notice has been duly published as required by law and the property omners in the affected area notified that Council would hold a public hearing on the 30th day of April, 1956, at 2:00 o'clock, p. m.. in the.Circuit Courtroom (Conncil Chamber) in the HunJclpal Building. Roanoke, Virginia, on the question of establishing building setback lines on the south sld~ of Day Avenue, S. W., from Jefferson Street to 1st Street. S. ~., extending 25.0 feet from the present center line of said Day Avenue, as shown on Plan No. 4177. prepared in the Office of the City Engineer, of Roanoke. Virginia. under date of April 5. 1956, and. also, on both the north and south sides of said Day Avenue from 1st Street to Franklin Road. S. H., extending 25.0 feet from the present center line of Day Avenue, as shomn on the aforesaid plan. with the intent of providing a future 50.0 foot width for said Day Avenue from Jefferson Street to Franklin Road, S. ~.; and WHEREAS. said hearing was held at the time and place aforesaid before the Council of the City of Roanoke, at which hearing all property owners In the affected area and all other persons were given an opportunity to be heard on the question; and WHEREAS. the Roanoke City Planning Commission has recommended and approved the establishment of said building setback lines on said streets for the purposes herelnabove stated; and ..224 HHEBEAS, after heurJeg ell or the evidence submitted, Council is of the opinion that said building setback lines should be established; THEREFORE, HE IT ORDAINED by the Council of the City of Roanoke that building setback lines be, and the same are hereby, established ou the south side er Day Avenue, $. M** rrou Jefferson Street to Iai Street, S. W., extending 25.0 reel from the present center line or said Day Avenue; as shomu ou Plan No. 4177, prepared in the Office of the City Engineer, Roanoke, Virginia, under date of April S, 1956, end, also, ou both the north amd south sides of said Day Avenue, s. w.. from Isa street to Franhlin Road, S. ~., extending 25.0 feet from the preseu center line of Day Avenue, as shomu ou the aforesaid plan. mlth the intent of providing a future 50.0 foot width for said Day Avenue from Jefferson Street to Franklin Road, S. W. HE IT FURTHER ORDAINED that no building hereafter erected on any lot abutting said avenue shall extend over said setback lines as established by the provisions of this Ordinance. The motion was seconded by Mr. Hanes and adopted by the fulloming vote: AYES: Council members Davies, Hanes, Pickett, Raldrop, Webber, Young. and the President, Mr. Woody ............... 7. NAYS: None ..................... O. PETITIONS AND CORRUNICATIONS: EASEMENTS-WATER DEPARTMENT: The City Clerk presented a communication from Woods, Rogers, Ruse and Ralker. Attorneys for Hr. S. Lewis Lionberger, stating that Mr. Lionberger is purchasing Lots 3A and 30. according to a survey made for Roanoke Glass Company, Incorporated, on Rarch 20, 1926, that tbs city acquired an easement through the said lots at the tine it acquired the water system from the Roanoke Hater ~orks Company, that the easement is not now used or needed by the Water Department, except where it extends along the rear line of the lots parallel to the right-of-way of the Norfolk and Hestern Railway Company, nnd requesting that Council abandon tbs unused portion of the easement. Hr. Webber moved to refer the communication to the City Manager for study and recommendation. The motion mas seconded by Mr. Young and adopted. ZONING: The City Clerk presented a communication from Ressrs. Julius and Rorton J. Harris, requesting that Lot 5, Block 4, CorbJeshaw Map, located at the intersection of Hrambleton Avenue and Ashby Street, S. W., be reaoued from General Residence District to Business District. Mr. Hanes moved to refer the communication to the City Planning Commission for study and recommendation. The motion was seconded by Rt. Haldrop and adopted. REPORTS OF OFFICERS: STREETS AND ALLEYS: The City Manager reported that he has investigated a request from the Roanoke Uospital Association to close Park Road, $. E., from Ash Street extending southerly to the Rill Mountain Incline right-of-way, as referred to him by Council at its meeting of April 23, 1956, and recommended that the body concur in the request of the Roanoke Hospital Association. Hr. Hanes stated that this matter has also been referred to the City Planning Commission rot study and recommendation and that a public hearing has been set in the matter for 2:00 o'clock, p. m** Ray 14, 1956, and moved to table the report of the City Manager antfl the time of the public hearing. The motion mas seconded by Hr. Msldrop and adopted, STATE HICHRAYS MITHIN CITY LIHITS: The City #manger submitted a report, stating that at the request of Councilman Webber he has investigated the state of the contract of the Comnonmeolth of Virginia rot the construction of Hershberger Road and that the state has completed its part of the contract and the city has paved the portion of the road lying uithin the city*s corporate limits, The report mos ordered filed. BUDGET-CITY JAIL: The City Manager reported that be bas made a further study of the request of the City Sergeant for aa appropriation of $1,$00.00 for repairs to the City Jail, as directed by Council at its meeting of April 23, 1956, and found that the original estimate for the mark to be accomplished in the Jail ~as made over eighteen months ago and that due to the rising cost of steel and labor the additional $1,500.00 requested will be necessary to accomplish the mark, the City Manager recommending that this sum be appropriated. Mr. Maldrop moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (s12720) AN ORDINANCE to amend and reordain Section zOO, UJall** of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 21, Page 331.) Hr. Maldrop moved the adoption of the Ordinaoce. The motion mas seconded by Hr. Danes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Mebber, Young, and the President, Hr. Woody .................. ?. HAYS: None ........................ O. EASEMENTS: Council at its meeting of April 23, 1956, having referred to the City Hanager for stody aod recommendatioe a request from Mr. Leon R. Kytchen that a 5-foot public utility easement lying between Lot 15, Hlock 1, Smarthmore Place, and Lots 3 and 4, Hartmsn Court, extending northeastmard from Ferncliff Avenue, ~. W., mest of Coveland Drive, be vacated and abandoned, the City Manager submitted his report, stating that a study of the easement involved shows no foreseeable need therefor, and recommended that Council abandon the easement as requested by Hr. Eytchen. Mr. Hanes mnved to conc~r in the report of the City Manager and to direct Mr. ~ytchee to have bis attorney prepare the necessary Ordinance and deed of release to accomplish his request, subject to the approval of the City Attorney, for presentation to Council. The motion nas seconded by Mr. Davies and adopted. STREETS AND ALLEYS: The City Manager repbrted that the American Bakeries Company has agreed to donate a 5-foot strip of land for street widening purposes In front of its property fronting 90 feet on the north side uf Salem Avenue, S. M., approximately 150 feet mast of Fifth Street, and that the lqSS budget ,,2'25 '226- carries the necessary fnnds for the widening of the street lB front of said property, the City Manager recommending that the offer or the American Bakeries Compan! be accepted. Mr. Jabber moved to cancer in the recommendation of the City Mnnager aid to direct the City Attorney to prepare the necessary Ordinance and legal- Ioeuments for the accomplishment thereof. The motion was aeconded by Mr. Unnea and adopted. TUBERCULOSXS SANATORXUM: The CityMannger rep,rUed that in compliance with authority of Council at its meeting of March 26, 1956, he has advertised for bids for the lease of approximately fifty acres or grazing land and twelve acres of alfalfa land at the Roanoke Tuberculosis Sanatorium dear C,vnet Springs and has received two bids for the rental of said property; i. e.. Murray Orchards, in the amonnt-of $510.00; and Mr. Thomas M. Gmeltney, in the amount of $276.oo, the City Manager recommending the acceptance of the bid of Murray Orchards as the best bid received. Mr. Yaldrop moved to concur in the recommendation of the City Manager and to direct the City Attorney to prepare the necessary Ordinance and lease to carry out said recommendation. The motion was seconded by Mr. Davies and adopted.- REPORTS: The City Manager submitted a report from the Department of Public Welfare.for the month of March, i956, and advised that he bas various other departmental reports on file in his office. The report was ordered filed. REPORTS OF COMMITTEES: STREET PAVING: Council at its meeting of April 23, 1956, having referred to a committee consisting of Messrs. Arthur S. Owens~ John L. ~entworth and U. Cletus Dr,vies bids received for the paving of streets at various locations in the City of R,Sm,he for tabulation and report, the committee submitted its report, showing the bid of Adams Construction Company, in-the amount of $148,480.00, as low, Mr. Young offered the following Resolution awarding the contract for the work to Adams Construction Company: (a12721) A RESOLUTION accepting the proposal of Adams Construction Company, Roanoke, Virginia, for the paving of streets at various locations in the City of Roanoke according to the Virginia Department of Highmays Specifications dated April 1, 1954, in the total sum of $149,460.00; authorixing and directing the City Manager to execute the requisite contract; and providing for an emergency. (For full text Of Resolution, see Ordinance D,ok No. 21, Page 331.) Mr. Young moved the adoption of the Res,latium. The motion was seconded by Mr. Davies and adopted by the following rote: AYES: council members Davies, Hanes, Pickett, Maldrop, Webber, Young, and the Presidentt Mr. Moody ............~--7. NAYS: None ...................... O. STADIUM: Council at its meeting of April 23, 1956, having referred ton committee consisting of Messrs. Herbert A. Davies, Chairman, Arthur S. Owens, John L. Rentnorth ned Robert P. Hunter bids received for the installation of perleoell grandstands nS Victory Stadium for study and recommendation, the study to Include the question or the need for the bleachers, os well ns the speciflca- tidal old bids. end to submit its report thereon, the committee reported that it bas made a careful study of the bids received and of the work authorized by Ordinance NO. 12503, adopted on September 26, 1955, and that it feels that rising cost mill DOt permit the accomplishment of two Items authorized in the said Ordinance for the amount of money provided; consequently, the committee recommended that Item 4, nhich is an appropriation of $3o520:00 for a brick wall at the southern end of the Stadium. and Item 5, mhick is an appropriation or $22.500.00 for 3,000 bleacher seats to be installed et the northern end of the Stadium, be deferred indefinitely. Hr. #ebber moved to concur in.the report and recommendation of the committee The motion mas seconded by Hr. Ualdrep and adopted. SERAGE DISPOSAL: Council at its meeting of Hatch 26. 1956. having referred to n committee consisting of Ressrs. Roy L. Rabbet. Chairman, Welter L. Young. Arthur S. Omens and Randolph G. Whittle n request of the Board of Supervisors of Roanoke County that the contract of September 2S. 1954, between the City of Roanoke and the County of Roanoke. dealing with the treatment er domestic end commercial wastes, be amended Zo include an addition31 area in the NoFth Il region of the county, being the property or Lonnie J. and #artha Arlene Slayton. William A. and CeceliaL. Obenshaln. Jr.. William A. Obenshain, J. L. LaHrie and G. L. Whitlow. respectively, the committee submitted its repoFL, recommending that the request of the county be granted. mr. Davies moved to concur in the recommendation of the committee and offered the following Resolution: (~127221A RESOLUTION amending the contract of September 20. 1954. between the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes. (FOF full text Of Resolution. see Ordinance Book No. 21. Page 332.1 Mr. Davies moved the adoption, of the Resolution. The motion was seconded by Hr. Young and adopted by the following vote: .. AYES: Council members Davies,-,ames. Pickett, Waldrop. Webber, Young, and the President. Hr. Roody ................. 7. * - NAYS: Nose ....................... O. UNFINISHED BUSINESS: NONE; : . CONSIDERATION OF CLAIMS: NONE. INYRODUCTIONANO CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BRIDOES-STAYE HIOHMAYS: Cenncil at:itm meeting of April 23, 1956, having directed the preparation of an Ordinauee, providing for the city's approval of and partietpntinn in the cost Of the improrement of a bridge on Route No. 117 orcr Peters Creek at the city limits to the extent of fifty, per cent uot exceeding $10,000.00 total, cost, as requested by the State Department of * Highways, Mr, Yonn9 moved that the fnllowieg Ordinance beplaced upon its first readiug: -.:;,227 .228 (r12723) AN ORDINANCE approving certain proposed improvements of a bridge mrer Petern Creek on State Route No. ll?J providing rot the Clty*s poymeot or aBe- kalr of the cost of suck improvementt~ tod appropriating the sum of $5,000.00 from the General Fund to Hridge Construction, Account NO. 144, to provide for the payment therefore. NHEREAS, tke Comaonmeulth of Virginia, Oepartmeut of Highways, has proposed certain plant for strengthening and raising the capacity of the existing bridge over Peters Creek on State Route No. 117 at an estimated total cost of $9,000.00 and has requested that the City of Roanoke agree to participate in the total cost of such work, equally with the Commonwealth. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the ~roposal of the Commonwealth of Virginia, Department of Iligbways, to improve the ibridge over Peters Creek on State Route No. 117 on the west corporate limits of the City be, and they are hereby, approved. HE IT FURTHER ORDAINED that the said City does hereby agree to participate equally with the Commonwealth in the payment of the total cost of the improvement of the aforesaid bridge, such total cost not to exceed the sum of $10,000.00 and the share of said City not to exceed the sum of BE IT FURTHER ORDAINED that there be, and there is hereby, appropriated from the General Fund to Bridge Construction, Account No. 144. the sam of $5.000.00 to provide for the payment of the City*s share of the aforesaid bridge improvement. The motion was seconded by Hr. llanos and adopted by the following vote: AYES: Council members aeries, Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody ................ 7. NAYS: None ...................... O. MOTIONS AND MISCELLANEOUS BUSINESS: STREETS AND ALLEYS: Br. Young stated that he has been advised that the alley in the rear of Belmont Baptist Church located on the corner of Ntntb Street and Stewart Avenue, S. E., is badly in need of repair and moved tn instruct the City Nanager to study the question of improvement of the alley and to submit his report thereon. The motion was seconded by Hr. Webber and adopted. TAXES: At the request of the Rayor, Br. Davies reported that Council's sub-committee, established to provide information in connection with the Tax Referendum to be held on June 12, 195&. bas completed its compilation of data land has placed it in the hands of a Speakers Bureau and Pablic Information Committee, along with other interested parties, Mr. Davies reporting further that numerous groups have requested speakers to advise them of the matters pertaining to the referendum and that each speaker has a team of members of Council, the Roanoke City School Board and city officials assigned to attend these meetings for the purpose of answering questions in connection mitb the proposed lifting of the tax celllnR, There being no further business, Council adjourned. APPROVED ,! Pre sT~-en~ COUNCIL, REGULAR Monday, Ney ?, 1956. Tie Council of the CLay of iUnlcke met fo regular meet/ag lu tie Couuofl Chamber lu the #unlcipal Betiding, Monday, #ny T, 1956, at 2:00 o'clock, p. m., the regular meeting hoar, with the President, Mr. Woody, presiding. PRESENT: Council members Davies, Hanes, Pickett, Mnldrop, Mebber, Young, aad the President, Mr, Woody ................. 7. ASSENT: None ......................... OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. Randolph G. ihittle City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting Was opened with a prayer by the Reverend Lewis E. Dateat Pastor of Vloton Baptist Church. RINDTES: Copy of the minutes of the regular meeting held on #onday, April 3O, 1956, having been furnished each member or Council, upon motion of Hr. Hanes, seconded by Mr. Darfes and adopted, the reading was dispensed with and the minutes approved as recorded. D£ARIND OF CITIZEHS UPON PUBLIC MATTERS: STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m. May 7, 1956, on the request of R. Douglas Nininger and Lena R. Nininger that a portion of a 16 l/2-foot roadway sometimes known as Oakland Boulevard. extending northerly approximately 500 feet from the Intersection of Oakland Boulevard and Christian Avenue. N. E., be permanently vacated, discontinued and closed, and notice of the hearing bating been published in The Roanoke World-News on April 20, 1956, the hearing was held. In this connection, the City Clerk presented a report of viewers appointed by Council in Resolution No. 12703, adopted on April g, 1956, advising that they have viewed the said street and the neighboring properties and are unanimously of the opinion that no Inconvenience will resolt either to the public or to any person, firm or corporation from permanently vacating, discontinuing and closing the roadway as requested by the petitioners. No one appeared at the hearing. Council at its meeting of April 9, 1956, having also received a cenmunicatio from the City PlannlngCommission, recommending that the request of the petitioners be granted, Mrs. Pickett moved that Council concur in the recommendation of the City Planning Cammissioa and that the following Ordinance be placed upon its first reading: . (u12724) AN ORDINANCE enacted pursuant to the provisions of Section 15-76§ of the Code of Virginia (1950) as amended to date providing for vacating, discon- tinuing and closing a portion of a certain roadway sometimes known as Oakland Boulevard approximately 16 1/2 feet in width situated in the City of Roanoke, State of Virginia, and hereinafter more particularly described. gHEREAS, a petition has been filed uith the Council of the City of Roanoke ursuant to the provisions of Section 15-766 of the Code of Virginia (1950) as .'-229 '230 amended to date, mkorein it is asked Ikat that portion of a certain roaduay sonetle ha*ua as Oaklnad Boulevard approximately 16 1/2 reel lu midth extending northerly from the north line of Christian Avenue at its intersection uith the present Oakland Boulevard a distance of approximately 500 feet to the north line of the proposed Seatfoa One of FIBBing Oaks be vacated, discontinued and closed; and, BBEREAS, due legal notice mas posted as required by Section 15-766 of the Code of Yirglaia {1950) ns *Beaded to date, and in conformity with the law in such cases made and provided, the land proprietors affected thereby along that portion of said roadway have been notified; and, ~ WHEREAS, by Resolution NO. 12703 adopted ca the 9th day of April, 1956, the Council of the City of Roanoke, .Ylrgfnia, appointed viewers to report mhether or not in their opinion any, and if any eh*t. inconvenience would result from permanently vacating said portion of said roadway; and, NHEREAS, the viewers appointed reported, In writing, that after having been duly sworn, they viewed the said street and the neighboring properties and are unanimously of the opinion that no Inconvenience would result either to the public or to any person, firm or corporation, from permanently vacating. discontinuing and closing said portion of said roadway; and. NREREAS, the City Planning Commission has considered the request and has recommended to the Council that said portion of said roadway be vacated; and, · ItEREAS, the Council of the City of Roanoke caused a public hearing to be held on the question niter publication of due notice thereof, at which hearing the property omneFs and other Interested parties In the affected area were given an opportnnlt! to be heard both for and against the request; and. RDEREAS, this Council. after considering the evidence submitted, is of the opinion that vacating that portion of a certain roadway sometimes known as Oakland Boulevard approximately 16 1/2 feet in width situated in the City of Roanoke, State of Virginia, and more particularly described as follows, to-wit: That certain original roadway or right- of-way approximately 15 1/2 feet in width hnown sometimes as Oakland Boulevard exteoding northerly from the north line of Christian Avenue at its intersection with the present Oakland Boulevard a distance of approximately 500 feet to the north line of the proposed Section One of Fleming Oaks, will not ahFtdge or destroy any of the rights, and privileges of any person, firm or corporation, and that no inconvenience would result to anyone therefrom, and, is further of the opinion that the request of said petition should be granted. THEREFORE, BE XT ORDAINED by the Council of the City of Roanoke that that portion of a certain roadway sometimes known as Oakland Boulevard approximately 15 1/2 feet in width situated in the City of Roanoke, State of Virginia, and more particularly described as folloBSo to-Bit: That certain original roadway or right- of-way approximately 15 1/2 feet in width known sometimes as Oakland Boulevard extending northerly from the north line of Christian Avenue at its intersection with the present Oakland Boulevard a distance of approximately 500 feet to the north line. of the proposed Section One of Fleming Oaks, be permanently vacated, discontinued and closed as provided b7 Section 15-766 of the Code of Virginia (lgSO) as amended to date, and in accordance with the lam in such coses made cud provided, HE IT FURTHER ORDAIN£D by the Council or the City or Roanoke that n certified copy or this Ordinance be delivered by the City Clerk to the Clerk or the Dustings Court of the City of Roanoke, Virginia, to the Clerk of the Circuit Court of the County of Roanoke, Virginia, and to the City Engineer of the City of Roanoke, Vlrginio, and that the City Engineer of Roasohe, Virginia, make appropriate notation of the vacation herein approved on the Official Hap of the City of Roanoke. The motion nas seconded by Hr. Hanes and adopted by the follomiog rote: AYES: Council numbers Davies, Hanes, Pickett, Yaldrop, Mebber, Young, and the President, Hr. Moody .................... T. NAYS: None .......................... O. PETITIONS AND COHHUNICATIONS: BUDGET=SCHOOLS: The City Clerk presented a communication from the Roanoke City School Board, requesting that Council revise the 19S6 budget by deleting the details under 'Equipment# in the Schools account. in this connection, Hr. J. P. Cruickshauk, Chairman of the School Board, appeared before Council and advised the body that estimates for the school budget mere made so far in advance that school officials could not anticipate some items of equipment necessary for replacement doting the operating year, and in consequence they find it necessary to purchase some items they had not anticipated replacing and are using some items for another year which they had anticipated replacing, as a result of which the City Auditor has refused to pay some of the invoices. Hr. Young moved to concur in the request of the School Board and offered the folloming emergency Ordinance: (~12725) AN ORHIHANCE to amend and reordain Section ~1~0, 'Schools', of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book Ho. 21, Page 355.) Hr. Young mored the adoption of the OrdJnouCeo The motion was seconded by Mr. Mebber and adopted by the following vote: AYES: Council members Davies, Hanes, Pichett, Maldrop, Mebber, Young, and the President, Hr. Woody .................. ?. NAYS: None ......... ~ ............ ~0. .. BUDGET-SCHOOLS: The City Clerk presented a communication from the Roanoke City School Board, requesting an appropriation of $39,566°00 to provide for the payment of two school sites as authorized under the provisions of Resolution ~o. 12515, adopted by Council on October 3, 1955, the two sites being a 9.47 acre tract adjacent to MashJngton Park at a price of $18,000.00 and a 10.783 acre tract located between Salem Turnpike and Troutland Avenue. N. W., near Thirty- sixth Street, et a price of $21.566.00. Ur. Webber moved to concur in the request of the School Board and offered the folloming emergency Ordinance: .;232 (al2?2&) AN ORDINANCE to amend and reordele Section' e142, *Traesfer to ImproveBeet Fund', or the 1956 Appropriation Ordinance, led providing For ae emergency. (For full text of Ordinance, see Ordinance Dunk No, 21, Page 336.) Ur. Webber moved the adoption of the Ordinance. The motion was seconded by Hr. Yoang and adopted bF the FolloMlug vote: AYES: Council BeRbers Davies, Hanes, Pickett, Waldrop, Webber, Young, and the President, Wt. NODdy ................ 7. NAYS:' None ...................... O. o STREETS AMD ALLEYS: The City Clerk presented a petition from Mr. T. L. Fluakett, Jr** Attorney For Mrs. Lena Wu Nlninger, requesting that Dazelrldge Road, N. W., between Oakland Boulevard and Triukle Avenue, be vacated, discontinued and closed, and a communication from the City Planning Commission, advising that it bas studied the reqnest of the petitioner, which contemplates · roadway relocation under a subdivision, and that ia Its opinion the relocation will eliminate traffic problems and be ia the Interest of the public at large, the City Planning Commission, therefore, recommending that the request of the petitioner be granted. Mtn Hobber moved to set a public hearing in the matter For 2:00 o°clocko p. m., June 4, 1956, in the Council Chamber. The motion was seconded by Hr. Young and adopted. AODITS-PENSIONS: The City Clerk presented a communication from the Board of Trustees of the Employees' Retirement System of the City of Roanoke, transmitting a copy oF an audit oF the system as prepared by A. R, Kennett and Company, covering the year 1955, the report stating that proper accounting has been made for all funds in the hands of the Treasurer of the system. The report was ordered filed. STREET LIGHTS: The City Clerk presented a communication from the Appalachial Electric Power Company. reporting the installation of fourteen 2500 lumen street lights at various locations in the City of Roanoke daring the month of April, 1956. The communication was ordered filed. WATER DEPARTMENT: The City Clerk presented a communication from Mr. H. K. Riley, advising that the road in the Carries Cove area leading to the glley Cemetery has not been kept in good condition by the city, as required by its agreement when the property was purchased, and requesting that immediate improvements be made. Mr. Hanes moved to refer the matter to the City Manager for administrative action. The motion was seconded by Mr. Davies and adopted. ZONING: The City Clerk presented a communication from Mr. H. W. Smith, requesting that his property located on the southeast corner of West Avenue and Nineteenth Street, S. W., being official Lots No, 1312101 and No. 1312102, be rezoned From General Residence District to Light Industrial District. Mr. Davies moved to refer the request to the City Planning Commission for study and recommendation. Tbe motion Bas seconded by Mr. Waldrop and adopted. 'm ZONING: The City Clerk presented I communication trow the Star City RelIty Coopnny, Ageuta rot the School Board or the County or ionnoke, requesting that a ? 1/2 acre tract or lind lying ga the elat side or Rollins Bond, N. E** it the northern corporate limits of the city, be rezoned fram Special Residence District to Light Industrial District. Hr. Young unwed to refer the reqaest to the City Planning Commission rot study and recoumeadatioa and to the Ronnoke City School Board for advice as to mhelher or not the School Board might be interested in the property as n school site. The motion was seconded by Br. lnldrop and adopted. STRE£TS AH~ ALL£YS: The City Clerh presented a petition from thirty-roar residents or the Garden City area, requesting that Reynolds Road, S. £., between Babry Avenue nad Bandy Road. be hardsurraced. In this connection, Br. G, E. ~Jllis, a resident or Habry Avenue, S. £., appeared before ConaciI and staled that the roadmny in question Is in such bad shape that fire trucks no longer attempt to use It. Br. Maldrop moved Lo refer the petition to the City manager for study and recommendation. The motion was seconded by BF. Young and adopted. REPORTS OF OFFICERS: TRAFFIC-SCHOOLS: Council at its meeting of April 23. lg56. having referred to the city #manger a reqaest of the Grandin Court Parent-Teacher Association that a Bothers Patrol be established in the vicinity or public schools for the protection of children while crossing streets going to and from school with the direction that he estimate the cost of establishing such patrols at such schools as he may determine are needed, after consultation with the Roanoke City School Board. the City manager reported that he has studied au analysis of such operations in eight of the Virginia cities, and with the aid of the Police Department. has made a survey of the school areas in the city. listing sixteen intersections at fourteen schools where Bother Patrols might be used. the City lounger advising that the estimated cost of the operation of sacb patrols is $950.00 each per year and to cover the sixteen points listed in the police survey will cost appFoxinately ~$15,200.00 per yenr..thecost being based upon an average of sixty-nine hours pew month at $1.00 per.hour, plus the cost of uniforms, training and miscellaneous expense, the City Manager advising further that In bis opinion the existing police budget should not be used to cover, such 1 program if Conncil decides to institute it. but that additional appropriations should be made. covering the cost of the program. Br. Robber stated that.some citizens have evidenced concern over the possibl~ elimination of the School Boy Patrol by the establishment of a Bothers Patrol program, which he stated insofar as he knows is not the intent of Council. that the School Boy Patrol has done an outstanding Job in the city and since its existence no serious accident or fatality has occurred from traffic at any point where the patrol has operated. In reply to a question=from=Br~ lebber, the City manager advised that the establishment of a Bothers Patrol nad the~probable location for its~uctivities has not been discussed with the Roanoke City School Board. . 23,4 Mr. Rubber thee muted lo rater tbs matter to the School Hoard for study and recommendation to include a list of ietersectioes mherelt feels Mother Petrols might be needed iR the order of their priority. The motion uss seconded by Mr. Hanes and adopted, AIRPORT: The City Manager reported that uzder the provisions of Ordinance No. 1270H he has attempted to arrive at an agreement rot the purchase of u 3.732 acre tract of lend owned by Mr. Daniel H, Shepherd needed for the extension or the northeast-southwest runway at the Roanohe Mznfelpel Airport, but that he has been usable to secure an agreement to acquire the necessary land at a reasonable price, and recommended that Council authorize the cendewoutJon of the property. Hrs. Pickett moved to concur ia the recommendation of the City manager and offered the follomlng emergencf Ordinance: (~12727) AN ORDINANCE authorizing and directing that condemnation proceedings be instituted to acquire for and on behalf of the City the fee simple title in and to a certain tract of land situate in Roanoke County, Virginia, c~ntafnlng 3.732 acres, more or less, to be used for the purpose of constructing, enlarging, maintaining ned operating the CJtyts municipal Airport and landing fields~ and providing for an emergency. (For full text of Ordinance. see Ordinance Hook No. 21, Page 336.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by ar. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody .................. 7. NAYS: None .......................... O. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager presented a commnnlcation from Blue Ridge Optical Company, Incorporated, offering to convey unto the city a 5-foot strip of land from the front of Its property, Official Lots Nos. 1020412 and 1020413, along the south side of Day Avenue, S. M., from First Street extending approximately 130 feet to the west, to be used for street widening purposes, at a price of $2,500.00, plus $1,195.00 as damages caused by the delay in construction occasioned by the city's establishment of a bulldlng setback line on said street, the City Manager advising that the offer becomes void unless accepted by the city on or before May H, 1956, and recommended that if Council desires to purchase the said property he be authorized to accept the offer on the following day. Mr. Rubber moved to concur in the recommendation of the City Manager and to direct the City Attorney to prepare the necessary Ordinance and legal documents for the purchase of the property. The motion was seconded by Mr. Maldrop and adopted. BUUGET-DUILDING INSPECTOR: The.City Manager reported that a city-owned vehicle has been assigned to the Sign and Elevator Inspector in the office of the Building Inspector, mffecttve May 1, IR56, and requested that the 1956 budget be amended by increasing the appropriation for Gasoline and Oil by $150.00 and reducing the appropriation for Automobile Allowance by $200.00 in the Building end Plumbing Inspection account. Ir. Hates loved to concur fn the request of the City Hanager nad offered the following emergency Ordlttuce: (sim?mD) AD GRDIDADCE to amend iud reordalo Section t63, 'Rullditg and Plolblng Inspection", of the 1956 Appropriation Ordinance, and providing for tn emergency. (For full text of Ordittuce, see Ordinance Dooh No. 21, Page 338.) Dr. Danes moved the adoption of the Orditalce. The lotion vas seconded by Hr. Dtvfeu nod adopted by the follolitg vote: AYES: Council melbers Davies, Dates, Plchett, Naldrop, Hebber, Young, tod the President, #r. Wood! ............. ?. NAYS: Note ................... O. EASEDENYS-NATER DEPARTMENT: Council at its meeting of April 30, 1956, hauin referred to the City Manager for study and recommendation a request of Mr. S. Leuis Llonberger that the city abandon an easement through Lots 3A and 3B of a map of Roanoke Glass Company, Incorporated, the property being east of the Norfolk and Western Rtllway. BinstonoSalem line at its intersection with South Jefferson Street, the City Manager reported that he has visited the area and does not beliere that the city has any future need for the easement, further, that the Mater Department concurs in his belief, the City Manager, therefore, recommending that the easement be abandoned as requested by Mr. Lionberger. Mr. Haidrop moved to concur in the recommendation of the City Manager and to direct the attorney for the petitioner to prepare proper deed of release and Ordinance carrying out the recommendation of the City Manager for presentation to Cooncil. The motion las seconded by Mrs. Pickett and adopted. STREETS AND ALLEYS: Council at its meeting of April 30, 1986, having referr* to the City Manager for study and recommendation the question of paving an alley at the rear of Belmont Baptist Church located at Ninth Street and Stewart Avenue, S. E., tho City Manager reported that some slx weeks ago he and the Director of Public Works met with officials of the church to inspect the alley and advised said officials that the city would pave the alley in the rear of the church if the church would, bunt one-half of the cost of the work estimated et $150.00, the City Manager advising that.this being consistent with past policies he cannot recommend a departure.therefrom.. ~ Mr. Young moved to direct the City Maoager to again contact the church officials and explain the administrative policy of the city in this matter and attempt to work out theproblem with them. The motion was seconded by Mr. Waldrop and adopted. . P~RCNASE.OF PROPERS-STREETS:AND ALLEYS: Council at its meeting of October IO, 1955, having received from the City Planning,Commission n recommendation that the city acquire sufficient land at the sootheast corner of Jefferson Street and Elm Avenue, S. E.; to providea 30-foot radius for that corner, and having referred the matter to the City Manager to negotiate with the owner, the City Homager reportedthathe has hodthe property appraised ot;n value of $1,207.31 and presented a communication from Mr. J. C. ~right, the owner, advising that he will sell the property to the city at a price of $3,637°00. . , :235 '236 Mr. Yoeag moved to direct the City Moeoger to eoetinee his efforts to ocqeire the property required at a price clone to the npprnised value, nad ir he foils to retch en agreement mith the property oweer, to present the mutter to Council ngolu with the recommeedolioa thor coedemoetioe be authorized. The motion war seconded by Mr, Naldrop ted adopted, HRIDGES: The City Manager reported that in 1954 the city entered into oe sgreemeet uith the state for the construction of a bridge over Tinker Creek to Via,on and included ia the budget for that year sufficient fends to provide fur the payment o[ the city's part, bet that the bridge mas not completed during the last fiscal year and he now his invoices in the amount or $4,435.42, representing the city's proportional part of the cost of the bridge, the City Manager recommendiu that Council appropriate fends to pay this account. Hr. Hanes moved to concur in the recommendation of the City Manager and offered the follcming emergency Ordinance: (a12729) AN ORDINANCE to emend and reordain Section a144, #Hridge Construction'. of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 338.) Hr. Hanes moved the adoption of the Ordinance. The motion mas seconded by Mr. Oavles and adopted by the following vote: AYES: Council members Davies. Hanes. Pickett, ~aldrop, ~ebber. Young. and the President, #r. Hoody ................. ?. NAYS: None ....................... SALARIES-CITY EMPLOYEES: The City Manager reported that under the Job Classification Plan presently being studied the City Pharmacist is not included by reason of the fact that he is on a contract basis and suggested that after the salary study ls completed the existing contract with the City Pharmacist be reviewed. Hr. Young moved to concur in the report of the City Hanager. The motion mas seconded by Mr. Hanes and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that in consequence of a directive of Council at its meeting of Hatch 12o 1956, he has secured an option to purchase from Johnnle Rood property described as Lots 17 and 18. Block 1, Lincoln Court, at a price of $1,550.00, which property is located at the intersection of Route 460 and Lukees Street, and presented an Ordinance authorizing the purchase of the property. Mr. Young offered the follomlng emergency Ordinance: (n12730) AN ORDINANCE authorizing and directing the acquisition of certain land known as Lots IT and lB, Blockl, according to the Hap of Lincoln Court. upon certain terms and conditions;.and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 339.) Hr. Yoeng moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, ~aldrop, Nebber. Young, and the President, Mr. Hoody~ .......... ~ .... 7. NAYS: None ...................... O. ~237 EASEMENTS-SElf, RS: Council at its we,ting of March 26, 1g$6, having referred to the City Mneager sad the City Attoraey for study amd recommendation a colmnlication from Hunter nad Fox, Attars*rs for JIBES E. nad Lelia Mae Malta, requesting that the city take immediate actioa to move n sewer line raaafag through their property over au easement which the city has lost by reason or failure to record same, the City Manager reported that he and the attorney have secured a now easement from tho property omners for relocating the sewer amd recamweaded that It he accepted. Mr. Mebber moved to coacur in the recommendation of the City Manager and to direct the City Attorney to prepare a Resolution accepting the easement, The motion was seconded by Mr. Maldrop end adopted. MATER DEPARTMENT: The City Manager transmitted a communication from the Manager af the Mater Department, advising that it will be necessary to construct a pumping station to provide adequate water pressure for a new subdivision known as Chapel Forest being developed on Stone Mountain in the South Roanoke area and that the present Rules and Regulations of the Mater Department do not cover this situation. In this connection, Mr. R. T. Edwards, Attorney for Hartin and Stayer Realtors and Developers, Incorporated. developers of the area, appeared before Council and stated that his clients plan to develop an expensive and exclusive residential area on the top of Stone Mountain and hare agreed to build the pumping station, install the necessary pomp and auxiliary pump far fire service and deed the entire station, with equipment, to the city, but cannot undertake to maintain the pumping station after it is installed Mr. Maldrop moved to refer the =attar to a committee consisting of Messrs. Roy L. Webber, Chairman. Malter L. Young, Arthur S. Owens, Randolph G. Mhittle, Rarry R. Yates and G. H. austin for study and recommendation. The motion was seconded by Mr, Danes and adopted. FIRE DEPARTMENT-POLICE DEPARTMENT: The City Manager reported the employment of Joseph E. Myers in the Fire Department and Melrln G. Mis*man in the Police Department, effective May 1, The report was ordered filed. REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: TRAFFIC: Council at its meeting of April 30, 1956, having tabled until the next regular weetiag of the body the proposed revision of the Traffic Code and having referred to Mr. J. N. Kincanon and Judge Beverly T. Fitzpatrick far study and recommendation the qnestion o[ prorlnlou for the number of passengers to be carried in any passenger vehicle and the question of using the word *steal* in Section 25 (h) of the proposed code, the matter was again before Council. Mt. Ranchman and Judge Fitzpatrick snbmittod a report, recommending that an additional subparagraph to subsection (b) of Section 7 be added as follows: *(11) Operate a motor vehicle on any highway the City when such vehicle is so loaded, by passengers or otherwise, as to inter- ~ere with sach operatoren safe and proper operation thereof.* ,238 and advislngth~tluuotd.*steel' ns used Iu Section 25 (h) Is wot nad would wot be held synonymous with the word 'hitchhfkfugu. recouwexdlug that subsection (al of Section 25 or the proposed code be aueeded by Inserting the words 'using or" between the word *whew' nnd the word mcr,suing* iu tke first line and inserting the words 'or obstruct* between the word *with* end the word *t~e* fa the second line; also. that subsection (al of Section 78 be changed to read ns follows: (al It shall be uuinmrul fur any person to run. drive er operate nay automobile, motorcycle, motor tricycle, motor bicycle or any vehicle of any kind the motive power or which shall be electrlcltyt steam, gasoline or uny other motive power except animal power, on. along or across nay public street, road or alley of the city or allow the same to be parked or stopped thereon, except and until such person shall have paid the proper license fee prescribed by ordinance for such vehicle; provided, however, that this section shall not apply to any vehicle, the owner of mhich is not a resident of the city. when such vehicle Is used excluslrely for pleasure or personal transportation and not for hire. or for trans- porting into and within the city for. sale in person or by his employees of wood. meats, poultry, fruits, fi.mars, rag,tables. milk. butter, cream or eggs produced or grown by him. and not purchased by him for sale. or for both such purposes, provided. that such vehicle is not used in said city in the conduct of any business or occupation other than those herein set out. Mr. Webber moved to concur in the report of the committee and to refer the proposed rerlsion of the Traffic Code to the City Attorney to place in final form for inclusion in the proposed new City Code. including the recommendations of the committee and deletion from the code of restrictions on the City #anager in establishing traffic rules. The motion was seconded by Hr. Banes and adopted. SERAGE DISPOSAL: Council at its meeting of April 16. 1956. having referred to the Roanoke Valley Regional Planning and Economic Development Commission and to the City Attorney for study and recommendation a letter from the State Water Control Board. adrlslog of certain actions covering permits for non-governmental sewage treatment facilities in connection with its ~egulations on which it proposes to hold a hearing on Ray 11, 1956, the Commission submitted Its report, advising that it is the nnderstanding of the Commission that the proposed amendment mill affect only those political Jurisdictions which hare no Zoning Ordinances and that it is not applicable to the Roanoke Valley area, and the City Attorney submitted his report, stating that the matter is of little concern to the City of Roanoke as obviously such non-governmentally omned sewage treatment plants as referred to. so far as the City of Roanoke is concerned, will. in all probability, be erected in industrial areas where they should not prove offensive. Hr. Davies norad to file the reports. The motion mas seconded by ar. Banes and adopted. CONSIDERATION OF CLAIMS: NONE.' INIRODUCTION AND CONSIDERATION OF ORDINANCES /ND RESOLUTIONS: ZONING-SETBACK LINES: Ordinance No. 12719, establishing building setback lines on Day Avenue. S. W., from Jefferson Street to Franklin Road, having previous1 been befor~ Counnil for its first reading, read 'and laid over. was again before the body. Mr. Davies ;ffering the following for its second reading and fi'hal adoption:: ,! (e12719) AN ORDIffANCE establishing building setback lines on the south side of Day Avenue, S. M** from Jefferson Street to 1st Street, S. M** extending 25.0 reef rrna the present center line or said DRy Avenue, 5. M.o as shown ou Plan No. 4177 prepared in the office or the City ~eglneer,'Rnaaohe, Virginia, under date of April 5, 19560 aud. also, on both the north end south sides of said Day Avenue, S. M., from 1st Street to Franklin Bond, $. M., extending 25.0 reef from the present center lire or Day Avenue, Rs' shown on the aforesaid plan, with the intent of providing · future 50.0 foot width for said Dsy Avenue from Jefferson Street to Franklin Road. S. (For full text of Ordinance. see Ordinance Book No. 21. Page 333.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Banes and adopted by the following vote: AYES: Council members navies. Hanes, Pickett. Maldrop, Webber. Young. and the President, Hr. Moody ..................... T. NAYS: Hone ........................... O. BRIDGES-STATE HIGHWAYS: Ordinance No. 1~723. providing.for payment by the City of Roanoke of one-half of the cost of improving the bridge over Peters Creek on Route !17 not to exceed the sRm of $5,000,00, having previously been before Council for its first reading, read and laid over. was again before the body, Mr. Young offering the following for its second readln9 and final adoption: (x12723) AN ORDINANCE approving~certain proposed improvements of a bridge over Peters Creek on State Route No. 117; providing for the Clty*s payment of one- half of the cost of such improvements; and appropriating the sum of from the Ceneral Fund to Bridge Construction, Account No. 144, to provide for the payment therefore. (For full text of Ordinance. see Ordinance Book No. 21, Page 335.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Maldrop and adopted by the following vote: · ' AYES: Council members Davies, Banes. Pickett, Maldrop. Webber, Young, and the President, Mr. Woody ................. 7. NAYS: Hone ....................... O. DATER DEPARTMENT: Council at its meeting of March 26, 1956, having directed the preparation of anOrdinance extending the contract of John A. Ball and Company which expired March 7, 1956, for street restoration uork for the Mater Department, to June 30, 1956, in accordance with a letter of the company dated March 13, 1956, and to thereafter award a contract to the company based upon its bid of February 27, 1956, for aperiod fromJuly 1, 1956, to March :7..1957, Mr. Young offered the following e~ergeRcy Ordinance: (n12731) AN ORDINANCE extending the contract, for Dater Department's street and sidewalk restoration, between the City of Roanoke and John A; Dali and Company which normally would have expired ~arch 7,' 1956, to June 30, 1956; awarding said Company a contract,~ based upon its proposal of February 27, 1056, for the period of time from July 1, 1956; to March 7. 19571 and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 21, Page 340.) 239 · 240 Hr. Young moved the adoption of the Ordinance. The motion nas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, ~aldrop, Hebber, Young, and the President, Hr. ~oody ................ NAYS: None ...................... O, ZONING-SETBACK LINES: Council at its meeting of April 23, 1956, having directed the preparation of an Ordinance granting a license to Southern Investment Company, Incorporated. to erect show mindows one story la height over a ID-foot setback line fa front of Its property on Third Street, S. ~.. at its intersection with Campbell Avenue, Hrs. Pickett moved that the following Ordinance be placed upon its first reading: (~12732} AN ORDINA~C£ authorizing Southern Investment Company. Incorporated, to construct certain temporary encroachments over a building setback line heretofore established on the west side of Third Street. $. H.. between Campbell Avenue and Church Avenue pursuant to Ordinance No. 10003 adopted Nay 31. 1949, upon certain terms and conditions. NREREAS. application has been made to the Council for the license herein- after granted; THEREFORE. DE IT ORDAINED by tho Council of the City of Roanoke that Southern Investment Company. Incorporated. be, and is hereby, granted temporary permission and license to construct show windows only, one story in height. easterly of and over a certain building setback line heretofore established by the Council on the 31st day of Ray, 1949, by its Ordinance No. 10003 on certain land in the City of Roanoke known as the eastern portion of lots No. O, 10, 11 and 12, according to the I. ~. Cna Map, also designated on the Clty*s Tax Appraisal Nap as lot bo. 1011331, the aforesaid encroachment over said building setback line to be exercised by said licensee upon the following express terms and conditions, to-wit: 1. That the main portion of the structure proposed to be erected by the licensee on its said property will be erected west of the building setback line established by Ordinance No. 10003, aforesaid, and that the one story show windows appurtenant to said main structure shall he the only portion of said structure erected east of the aforesaid building setback line; 2. That the one story show windows aforesaid shall be installed and erected in full accordance with the terms and provisions of the Building Code of the City of Roanoke and shall be so built that the same can be removed from the main structure of the building, west of said setback line, should the City ever desire to acquire the land of the licensee east of said setback line for street widening purposes. 3. That should the City of Roanoke not acquire the land east of said building setback line by purchase or otherwise within three years from the passage date of this Ordinance but thereafter acquire said land or any portion thereof on which said show windows may be constructed then, and lu that event, Southern Investment Company, Incorporated, its successors or assigns, shall make no charge for, or assert un claim against the City for damage to the show windows constructed on said property east of the aforesaid building setback line; hut the said Southern Investment Compsny, Incorporated, its successors or assigns, niter nasd three-year period° gould charge, or claim, ~oly, the then fair market value of thelsud, exclusive of the value of said show uludows as improvements thereon; 4. That the terms and couditiols hereinobove provided shall be and constitute covenants rearing ulth the title to the land of the said Southern Investment Cnlpnsy, Incorporated, known ns the eastern part or lots No. 9, 10, 11 eld 12, according'to the V. V. Con Map, and also nbomn on the City's Tax Appraisal Map es lot No. 1011331 and shall be binding upon the said Southern Investment Compsny, Incorporated, its successors and assigns; and 5. That the said Southern Investment Company, Incorporated, shall prior to exercising any of the privileges granted by this ordinance, for and on behalf of Itself. Its heirs or assigns, cause the original draft and at least one duplicate attested copy of this Ordinance to be executed by its proper officers under the seal of said corporation, and acknouledged, as evidence of its agreement to the terms and conditions hereinabove enumerated and that the City Clerk is directed forthwith to have recorded In the Clerk's Office of theUustings Court an executed duplicate copy hereof. Signed, sealed sad acknowledged in consent to and compliance with the terms of the aforesaid. Ordinance: SOUTHERN INVESTMENT COMPANY, INCORPORATED By President %TTEST: Secretary STATE OF VIRGINIA) ) To-wit: CITY OF ROANOKE ) l, ... , a Notary Public in and for the City of Roanoke, in the State of Virginia, do hereby certify that and President and. Secretary, respectively, of SOUTHERN INVESTMENT COMPANY, INCORPORATED, of the City of Roanoke, whose names as such are signed to the fore- going Ordinance No. and consent agreement dated have personally appeared before me in my City and State aforesaid and acknowledged, the same. · GIVEN under my hand this ~day of , 1956. My commission expires: Notary Public The motion was seconded by Mr. Hanes and adopted by ~he following vote: AYES: Co,nc~l members Davies, Manes, Pickett, Maldrop, Mebber, Young, and the President. Mr. Moody ....... ~ .......... 7. NAYS: None ........................ 0. EASEMENTs-STREETS'AND ALLEYS: Council at its meeting of April 23, 1956, having directed the preparation of an Ordinance granting a license to Mr. Elmore D. Horns, permitting the laying of copper wire radials under a portion of Clay Street, S. E., south of Clinton AVenGe, and an alley in the rear of Lots Nos. ':'24:[ ,242 4320805 tbroagb 4320011, inclusive, Hr. Davies moved that the following Ordinance be placed upon its first resdia~: (a12733) AN ORDINASCE authorizing Elmore O. Heiss to lay certain temporary copper mire radials under a portion or Clay. Street. s. E** amd ander a portion of certain alley in the rear or lots Ho. 4320805 through 4320811, inclusive, as shown ua the City's Tax Appraisal lap, upon certain SerBs nad conditions. IH£REAS, application hun been mede to the Coancil for the license herein- after granted; TH£R£FORE, 0£ IT ORDAINED by the Council of the City of Rouaohe that, subject to the terms and condition~ hereinafter stated, £1more D. Helms be. end he is. hereby, grun~ted permission to install end maintain under the surface of Clay Street, S. E.. as it abuts lots No. 4320805 through 4320811, inclusive, as shown on the City's Tax Appraisal Hap. and under the surface of the alley at the rear of the aforesaid seven (7) lots bare copper wire radials, size No. IO. the sene to be buried at a depth of approximately three (3) feet from the ground surface, subject, however, to the following express terms and conditions: 1. That not more than twenty-five (25) such wire radials shall be buried under Clay Street. $. £** at three-degree (3o) intervals from the tower base on the licensee's property and that not more than thirty-six (36) such wire radials shall be buried under the aforesaid alley at the same intervals; 2. That the licensee will restore to the same condition as it exists at the time of such construction thc surface of said street or alley under which the aforesaid wire radials may be buried at said licensee*s sole cost and expense and, further, that the licensee, his personal representatives or assigns, will indemnify and save harmless the City of Roanoke from any damage or claim to damage or injury to persoas or property by reason of the construction or existence of any of the aforesaid wire radials; 3. That the said licensee in laying the wire radials under the surface of the street and alley aforesaid will not damage any existing sewer lice, water line or drain or the existing lines or property of any public utility company which may at this time be installed ia, gu, over or under the land in the aforesaid street or alley; 4. That the provisions of this ordinance shall nat, in any event, be taken to authorize said licensee or other persons in anywise to binder, obstruct, impede or otherwise impair the full, free and safe use of the surface of said street er alley by the public or the rights of any person therein or thereto, heretofore or hereafter granted, and should the City hereafter desire to lay uny.public sewer line, water line or drain, or should it construct any other public improvement, or should it permit any public utility company to install any public utilities la, on, over or along said street or alley then, and ia such event, or events, neither the City nor such public utility company shall in anywise be liable or responsible to said liceasee for uny damage done to such wire radials as may have been laid by the licensee in said street or alley, hereunder; and 5. That the aforesaid license so granted the said Elmore D. Helms shall become effective only upon the said Elmore D. Halos acquiring the title to the aforesaid lots No. 4320805 through 4320811, inclusive, according to Tax Appraisal ,! Nip, end thereafter shall be held nnd deemed to be u license merely and shall be revokable et the pleasure or the CfW Coutcil or of the General Assembly of Vlrgllin, nnd tbnt the said Elmore D. Helms shall, prior to exercising ely of the rights nod privileges granted by this ordinance, shall, for and on behalf or himself, his personal representatives or assigns, sign the original draft or this ordinnnce as evidence of bis agreement to the terms and conditions herelnabove enumerated. Signed aid. sealed ia evidence of Consent to and compliance with the terms of the arnresnld ordinance: (SEAL) Elmore D. Reins The motion was seconded by Mr. ialdrnp and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, laldrop, lebber, Young, and the President, Mr. ~oody ................. ?. NAYS: None ....................... O. YOBEHCULO$IS SANATORICM: Council at lis meeting of April 30, 1g$6, h3viug directed the preparation of an Ordinance to lease unto Murray Orchards approxlmatelr sixty-two acres of land at the Roanoke Tuberculosis Sanatorium, Coiner Springs, Virginia, Mr. Hanes moved that the following Ordinance be placed upon its first reading: (n12Y34) AN ORDINANCE providing for the lease of certain City farm land located at Coyner Springs, in Botetourt County, Virginia. WHEREAS, the City heretofore advertised for bids £or the'leasing of approximately sixty-two (62) acres of land located near Coyner Springs, in Ootetourt County, Virginia, subject to the terms and conditions set out in said advertisement; and MUEHEAS, two bids have been made to the City pursuant to said advertisement; one at a rental of $276.00, and the other at $510.00, both for the term of the lease; the latter being made by Maz A. Murray and N. Kent Murray, trading as Murray Orchards--both the City Manager.and the City Purchasing Agent having recommended the acceptance of the last mentioned bid; and hHEREAS, this Council concurs in said recommendations., THEREFORE° BE IT O~DAINED by the Council of the City of Roanoke as follows: 1. That the bid or Max A. Hurray and ~.Kent Murray, trading as Murray Orchards. for the lease of approximately SO acrenof grazing land and 12 acres of alfalfa land owned by the City near Coiner Springs, in Ootetourt County. Virginia, for a term from June IS, 1956o to December 31, 19§8, at a rental of $SI0.00, for the term, and upon the general terms contained in the City's advertisement for said bid be, and the same is hereby, accepted;and 2. That the City Hanager be, and he. is hereby, authorized and directed, fur and on behalf of the City, to execute a written lease or the aforesaid lands to the said bidder, said lense to be upon suchrorm as is prepared and approved by.the City Attorney and to be upon such terms end conditions as are approved by the City Manager but shall, nevertheless, provide for the following: ~24'3 244 (a) That the $51o,oo rental shall be payable us follows: S110.00 cash, payable upon the effeccfvn dote af thin erdlaunce~ $200.00 cash, payable on January 1, 195T~ iud $200.00 cash, payable on January 1. 1950; .(b) That she land shall he used by the Lessee for grazing and baymahlng purposes only and not for general cultivation; (c) That the Lessee will keep briars off of said land and mill do such cleaning of the land as may be necessary rot the best advantage of the pasture and may. et bls election, reseed any or nil of the alfalfa land at the Lesseets entire expense; (d) That the fences shall be maintained by and at the expense of the Lessee; (e) That the City will not be responsible for any damage done the property of others by any livestock of the Lessee; and (f) That the said lease may be renewed upon its termination for a further period of two or three years by mutual agreement between the City and said Lessee. The motion was seconded by Rrs. Pickett and adopted by the following vote: AYES: Council members Davies, Hanes. Pickett. Raldrop. Robber. Young, and the President. Hr. #oody ........................ ?. NAYS: None .............................. O. MOTIONS AND MISCELLANEOUS HUSINESS: SEGREGATIOn: Hayor Moody presented a letter from a committee of the Roan~ e Ministers Conference. transmitting a Resolution requesting the governing bodies of Roanoke City and Roanoke County to consider appointing study commissions composed of level-headed leaders of both races with the responsibility of bringing to light the tensions connected with race relations of our area and recommendations as to their solutions. Rt. Davies mored to take the matter 'under advisement and to direct the City Clerk to furnish copies of the letter and Resolution to each member of Council. The motion was seconded by Mr. Hanes and adopted. SECRCGATION: Hr. Young stated that the lccident which occurred the night of Friday, Ray 4, lgSb. at the American Legion Auditorium. mhen a near riot broke out at a negro dance attended by white spectators, mas alarming and that more of these dances are scheduled for the near future, that the city cannot furnish sufficient policemen to control crowds at these functions which run in excess of four thousand persons and that if some action to avoid such occurrences in the future is not taken full scale riots might result by reason of existing tensions caused by the decision of the United States Supreme Court outlawing racial segregation. Mr. Young, therefore, moved that the records show that Council will not condone such lawless outbreaks in the future and signify Council's intent to take such action as is necessary to prevent a repetition of such incidents and that a committee consisting of Messrs. Arthur S. Omens, Randolph G. Whittle and Frank H. Mebb be appointed to.study all phases of. the problem, including the possibility of adoption of an Ordinance forbidding spectator dances in the city, the committee to submit its report and recommendations to Council. Mr. Webber moved to amend the motion bI adding the name of Hr. Walter L. Young to the committee. The motion to amend was seconded by Hr. Wsldrop and ndopted. The amended motion mas seconded bT ~ro Mebber and adopted, There being no further business, Council adJourned. APPROVED :246 COUNCIL. NEGULAR MEETING. Mondays May 14, 1956, The Council of the City of Roanoke met la regular meeting in the Council Chamber in the Municipal Ooildingo Monday, May 14, 1956, at 2:00 o'clock, p. the regular ueetiog hour. with the President, Mr. Moody, presiding. PRESENT: Council members Davies. Hanes, Pickett, Maldropo Webber, Young, and the President, Mr. Moody .................. ?. ADSENT: Noun .......................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G~ Whittle. City Attorney, Mr. ltarry R. Yarns, City AuditoF, and Mr. J. Robert Thomas, City Clerk. The meeting was opened uith a prayer by OF. Richard R. Beasley, Rector, St. John's Episcopal Church. REARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. May 14, 1955. on the request of the Roanoke Dospltal Association that a portion of Park Road, S. E., extending in a southerly direction from Ash Street through the property of the Roanoke tlospitaI Association to the right-of-way of the abandone Mill Mountain Incline, be vacated, discontinued and closed, and notice of the hearing having been published in The Roanoke Morld-News on April 2T, 1956. the hearing was held. In this connection, the City Clerk presented a communication frnm the City Plannlng Commission, advising that in Its opinion the closing of said street mill not destroy any of the privileges of the City of Roanoke, which is the only abutting property owner, and recommending that Council grant the request of the petitioner. No one appeared at the hearing. Mr. Young moved that Council concur In the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (#12755) AN ORDINANCE vacating, abandoning and closing that portion of Park Road lying between its intersection with the westerly side of Ash Street and its intersection with the easterly side of certain property owned by the City of Roanoke, Virginia. known as Will Mountain Incline, and which lies wholly within the real estate owned by Roanoke Hospital ~ssoclation and which ts sometimes hereinafter referred to as *that portion of Park Road.* WHEREAS, Roanoke Hospital Association has presented to the Council of the City of Roanoke an Instrument In Writing, in compliance with Section 1~-766.1 of the Code of Virginia, for the purpose of effecting the vacation, abandonment and closing of that portion Of Park Road; and MREREAS. Roanoke Hospital Association is the owner of all the land abutting on that portion of Park Road; and MREREAS. such vacation, abandonment and closing would not abridge or destroy any of the rights or privileges of other property owners; and m. MREREAS, no inconvenience to the public mould, or could, result from pernouentiy vacating, abandoning and closing that portion of Park Road; iud MHEREAS, there are no semer lines, storm draina, mater mains or other municipal Installations nam located in that portion of Park Road; and MREREASo the request of Roanoke Hospital Assoclutioo for the vacation, abandonment and closing of that portion of Park Road was duly mode to, and has been considered and approved by the City Planning Commission at a meeting held on the 2ad day of Hay, 19~6; and MHEREAS, notice of a public hearing on the request of Roanoke Hospital Association for the vacation, abandonment and closing of that portion of Park Road bas been duly and timely published iu The Roanoke Morld-Nems** a newspaper published in the City of Roanohe, Virginia; and MHEREAS, the hearing as provided in said notice published in said nemspaper was held on March 14, 1956, at 2:00 o'cluck, p. m., before the Council of the City of Roanohe, in the Council Chamber in the Municipal Huilding, at which hearing the property ameers and other interested parties Jn the affected area mere given an opportunity to be heard both for and against the request; and MtlEREAS, this Council. after considering the request and the evidence both for and against the same, Is Of the opinion that said request and the Instrument in Writing should be approved. THEREFORE, BE IV ORDAINED by the Council of the City of Roanohe, Virginia, that it does officially approve and effect the vacation, abandonment and closing of, and does hereby, release and renounce all right, title, and interest of the City of Roanoke. Virginia, and the public, in and to, Vhat portion of Park Road lying between Its intersection with the westerly side of Ash Street and its intersection with the easterly side of certain property owned by the City of Roanoke, Virginia, knomn as the Mill Mountain Incline, mbich portion of Park Road** BE IT PURTtlER ORDAINED that the City EugJneer be, and he is hereby directed to mark *Permaoently Vacated. Abandoned and Closed" that portion of Park Road on all maps and plats un file in the office of the City Engineer of the City of Roanoke, Virginia, on mhich that portion o£ Part Road is shown, and to make reference thereon to the Book and Page of Resolutions and Ordioances of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread, and to the Deed Book and Page in the Clerk*s Office of the Ilusttngs Court of the City of Roanoke, Virginia, mherein the said mritten Instrument, signed by Roanoke ttospital Association. and a copy of this Ordinance are spread of record. OE IT FURVttER ORDAINED that the Clerk of this Council shall deliver to Roanoke Hospital Association such certified copies of this Ordinance as may be requested by it. The motion mas seconded byMr. #aldrop and adopted by the follouing vote: AVES: Council members Davies, ltanes. Pickett, Waldrop, Hobber. Young. and the President. Mr. Moody ....... L ......... 7. NAYS: Noon ........................... O. SECREGATION: Mr. George P. Lawrence, Attorney appeared betore Council and presented a communication, advocating the appointment of a bi-racial commission to alleviate racial tension with po~er to investigate and study causes of such tension ..';247 248 end to mark on educational and orientation programs to preterit racial misuoder- etandioga. Mr. Webber moved to take the latter under consideration. The lotion mas seconded by Mr. Waldrop and adopted, PETITIONS A~O COBRBNICATIONS: flOBGET-SCDOOLS: The City Clerk presented a commaniratlon from the State Board of Education, advising that Section 22-37 of the Code of Virginia ual amended by the 1~56 session of the General Assembly to provide for increasing the salary of Division Superintendents of Schools. Mr. Waldrop moved to refer the communication to the Boanoke City School Board. The lotion ubs seconded by Mr, Danes and adopted. SLUM CLEARANCE: The City Clerk presented a colmunicntion from the City of Roanoke Redeveloplent and Dousing Authorlty~ transmitting a Progress Report on the Commonwealth Redevelopment Project. In this connection, the City Manager advised that fn his oplnfoo certain provisions of the plans for the Commonwealth Redevelopment Project should be reviewed and possibly changed and that during the next week he will hold a meeting with members of the Authority to discuss these plans. Mr. Raldrop moved to receive the report of the Authority and to appoint a committee consisting of Brs. Mary C. Pickett, Mr. Roy L. Webber and Mr. Walter L. Young to meet with tbs City ~anager and the representatives of the Authority to go over the plans and study the recommendations of the City Manager in connection therewith. The notion was seconded by Mr. Danes and adopted. REPORTS OF OFFICERS: STREETS ANO ALLEYS: Council at its meeting of May 7, 1956, having referred to the City Manager for study and recommendation a petition from thirty-four residents in the Garden City area, requesting that Reynolds Road, S. E., between Rabry Avenue and Randy Road. be hardsurfaced, the City Manager reported that no funds are available in the 1956 budget to provide for said hardsurfaclng, but that the city will carry on proper maintenance of the road during this year and he will consider the' inclusion in the lgS? budget of sufficient funds for paving the road as requested. In this connection, Mr. J. C. Reynolds, a resident of Reynolds Road, appear before Council and advised that the street is in such a deplorable condition that tbs residents thereon live fn a constant cloud of dust. Rt. Webber moved to concur in the report of the City Ranager. The motion was seconded by Mr. Danes and adopted. TUBERCULOSIS SANATORIUM: The City Manager reported that sufficient progress has been made in planning for the transfer of patients from the Boano~e Tuberculost~ Sanatorium to state institutions to assure that the city saoatoriui can be closed down sometime between August IS-September 15, 1956, and presented a Resolution, authorizing the closing of the sanatorium and maintenance of the property there- after, which he recommended for Council's consideration. I i i Mr, Davies moved to concur ia the report of the City Manager and offered tke following Resulatlon: (e!2736) A RESOLUTION authorizing the closing of the city*s Tuberculosis Saaatoriam ut Coyaer Springs. (For full text of Resolution, see Ordinance Hook No. 21, PaRe 347.) Mr. Davies moved the adoption of the Besolutloo. The motion mas secooded by Mr. ialdrop aad adopted by the folloming vote: AYES: Council members Davies, Hanes, Pickett, #aldropo Webber, Young, and the President, Mr. Woody ................. ?. NAYS: None ....................... O. Mr. Webber then moved to direct the City Manager to submit on or before July 23, lgSG, his recommendations for the future use or disposal of the Roanoke Tuberculosis Saaatorium property at Coyner Springs. The motion mas seconded by Mrs. Pickett and adopted. HUILDING CODE-ZONING: Council at its meeting of April 16o 1956, baying referred to the City Manager and the City Attorney a recommendation of the City Hanager that au Ordinance be adopted controlling the erection of fences and walls in the city. the City Manager reported that he and the City Attorney have studied the question and have prepared an Ordinance, providing for a limit of 3 1/2 feet in height on fences, planting or other obstructions to vision at corners in the residential districts, and further providing that no f~nce or wall of more than 3 1/2 feet in height may be erected between the setback building line nod the street on which the lot faces, nor more than 6 feet high in the rear of the building setback line in residential districts, and that no barbed wire or other sharp pointed fence or electrically charged fence shall be erected or maintained, except that barbed wire may be used on the top of fences erected In a business district or industrial district a minimum height of 7 feet above the ground. After considerable discassion, Mr. Hanes moved to direct the City Attorney to prepare an Ordinance providing for the regulation of the height of fences, hedges and plantings and of the lower limbs of trees where they might affect public safety. The motion was seconded by Mrs, Pickett and adopted. PURCHASE OF PROPERTY-GARBAGE REMOVAL: The City Manager reported that be has secured an agreement for the purchase from James R. Simmons of a one acre tract of land in the Hollins Road area for use in connection with a sanitary land fill project at a parcbase price of ~5,000.00, mhich is the appraised value, and recommended that he be authorized to purchase thesaid property. Mr. #aldrop moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance; (~12737) AN ORDINANCE authorizing the City's acquisition of !.0 acre of leal more or less, and the appurtenances thereon designated as lot No. 3240303 on the City's Tax Appraisal Map upon certain terms and conditions, the said land to be used for public purposes; providing for the payment of the sum of $5,000.00 there~r and providing for an emergency. . (For full text of Ordinance, see Ordinance Boob No. 21, Page 346.) ,,2-50 Mr. Maldgop moved the adoption of the Ordinance. The motion mss seconded by Mr. Young end adopted by the following vote: AYES: Council members Davies, ~anes, Pickett. Maldrop, Mebber. Young, nad the President, #v. Moody .................. ?. NAYS: None ........................ O. INSURANCE: The City Manager presented au offer of the city*a Insurance Committee to reopprnlse the cityes property for Insurance purposes, provided the reappraisal would be done with the understanding that the clty*s insurance would he adjusted in accordance uith the revised values regardless of mhether they are up or d,mae the City Manager stating that be does not recommend that the re- appraisal he accomplished at this time. Mr. Davies moved to concur in the report of the City Manager. The motion uas seconded by Mr. Banes and adopted by the followfng vote: AYES: Council members Davies, llanos, Pickett, Mebber, Young, and the President, Mr. Moody ................... 6. NAYS: Mr. Maldrop .............. 1. GARBAGE REMOVAL: The City Manager reported that the Purchasing Agent has received bids on one 16-yard capacity rotary type load packer body to be mounted on a truck chassis furnished by the city from Southern Machinery and Supply Company in the amount of $5,452.000 fo o. b. factory, and the Baker Equipment Engineering Company in the amount of $5,132.00, f. o. b. factory, the City Manager advising that in his opinion both bidders met the specifications upon which the city requested bids, and recomeended that Council accept the low bid as submitted by the Baker Equipment Enoineering Company. In this connection, Mr. Gordon C. St. Clair, representing tko Southern Machinery and Supply Company, and Mr. Mllliam Harrington, factory representative, appeared before Council and stated that in their opinion the Baker Equipment Engineering Company bid does not meet the specifications upon which the city requested bids. Mr. R. Paul Fultz, representing the Baker Equipment Engineering Company, appeared before Council and stated that in his opinion his company*s bid does meet specifications since the specifications were built around the type of body bid on by his competitor with the words #or equal~ added thereto, Mr. Fultz statin9 tbot the equipment upon which his company bid is equal in every respect to that of his competitor. Mr. Davies moved to concur in the recommendation of the City Manager and offered the following Resolution: (alR73B) A RESOLUTION accepting tho proposal of Baker Equipment Engineering Company, Richmond, Virginia, for furnishing the City of Roanoke one 16~yard capacity rotary type load packer body in the amount of $5,132.00, f. o. b. factory, installed on city .truck; authorizing and directing the Purchasing Agent to purchase the truck body in accordance with said proposal. (For full text of Resolution, see Ordinance Book No. 21, Page 349.) Mr. Davies moved the adoption of the Resolution. The motion was seconded by Mr. Mebber and adopted by the following vote: AYES: Council members Davies, Haneso Pickett, Raldrop, Mebber, Young0 and the President, Mr. Jood~ ................... NAYS: None ......................... O. BDDGET-JDVENIL£ DETENTION BORE: The City Ranager submitted n request of the Juvenile and Domestic Relations Court for an appropriation of $135.00 to purchase thirty mattress covets for the Juvenile Detention Dome, advising that the entire cost of the covers will be refunded by the Commoumeaith of Virginia. Hrs. Pickett moved to concur in the request and offered the f,Il,ming emergency Ordinance: (~12T39) AN ORDINANCE to amend and reordain Section ~31. "Juvenile Detention Home~. of the 1956 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 21. Page 3S0.) Hrs. Pickett moved the adoption of the Ordinance. The notion was seconded by Hr. Hanes and adopted By the following vote: AYES: Council members Davies, Uancs. Pickett, Naldrop. Mebber. Young. and the President, Rr. Noody ..................... NAYS: None ........................... O. REPORTS OF COMRITTEES: NONE. UNFINISHED BDSINES5: SEGREGATION: Counoil at its meeting of Nay 7, 1956. having received and tabled until its next regular meeting a Resolution of the Roanoke Rinisters Con- f,ronco, requesting the appointment of a study commission on race relations, the matter mas again before the body. Rt. #ebber moved to kate the Resolution under constderatloa ~ong With other requests of the sane nature. The motion was seconded by Mr. Naldrop and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDANANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 12724, vacating, discontinuing and closin, a portion of a 16 1/2 foot roadway sometimes knomn as Oakland Roulevard, extending northerly from the intersection of Oakland Boulevard and Christian Avenue, N. E., a distance of approximately 500 feet, having previously been before Council for Its first reading, read and laid over, was again before the body, Mr. Davies offering the following for its second reading and final adoption: (#12724) AN ORDINANCE enacted pursuant to the provisions of Section 15-766 of the Code of Virginia (1950) as amended to date providing for vacating, discontiouing and closing a portion of a certain roadway sometimes known as Oakland Boulevard approximately 16 I/2 feet in width situated in the City of Roanoke. State of Virginia. and hereinafter more particularly described. (For full text of Ordinance. see Ordinance Book No. 21. Page 341.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Rt. Banes and adopted by the following vote: AYES: Couocil members Davies, Banes, Pickett, Maldrop, Mebbero Young, and the President, Mr. Moody ...................... 7. NAYS: None ............................ O. '2.51 252 ZONING-SETDAC£ LIHES: Ordinance No. 12732, authorizing Southern Investment Company, Incorporated, to construct show windows, one story.in height, over a setback line in front of its property on the west side of Third Street, S. ~,, ut Campbell Avenue, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Hanes offering the folloming for its second reading and final adoption: (=12732) AN ORDINANCE authorizing Southern Investment Company, fucnrporated to construct certain t'emporary encroachments over a building setback line heretO- Fore established on the meat side of Third Street, S. W., between Campbell Avenue and Church Avenue pursuant to Ordinance No. 10003 adopted kay 31. 1949o upon certain terms and conditions. ~UEREASo application has been made to the Council for the license hereinafter granted; (For full text of Ordinance, see Ordinance Book No. 21, Page 342.) Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by Mr. Wsldrop and adopted by the following vote: AYES: Council members Oar(es, Hanes. Pickett, Waldrop, Webber. Young, and the President, Mr. ~oody ..................... T. NAYS: None ........................... O. STREEYS AND ALLEYS: Ordinance No. 12733, authorizing Eimore D. Beins to Jay certain temporary copper mire radials under a portion of Clay Street, S. E., and under a portion of a certain alley in the rear of Lots Nos. 4820805 through 4320811, Inclusive, upon certain terms and conditions, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Youn9 offering the following for its second reading and final adoption: (=12733) AN ORDINANCE authorizing Elmore D. Be(ns to lay certain temporary copper wire radials under a portion of Clay Street, S. Eo, and under a portion of a certain alley in the rear of lots No. 4320805 through 4320811, inclusive, as shown on the Cityes Tax Appraisal Wap, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 21, Page 344.) Mr. Young moved the adoption of the Ordinance. The motion mas seconded by Mr. Webber and adopted by the following vote: AYES: Council members Davies. Hanes, Pickett, ~aldrop. Webber, Young, and the President, Mr. ~oody ................. ?. NAYS: None ........................... O. TUBERCULOSIS SANATORIUM: Ordinance NO. 12734, leasing approximately sixty- two acres of land at the ~oanoke Tuberculosis Sanatorium, Coyner Springs, Virginia, to Murray Orchards, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Moldrop offering the following for its second reading and final adoption: (z12734) AN ORDINANCE providing for the lease of certain City farm land located at Coyner Springs, in Hotetourt :County. Virginia. (For full text of Ordinance, see Ordinance Book No. 21, Page 345.) Mr. #aldrop moved the adoption of the Ordinance. The motion mas seconded by Mrs. Pickett and adopted by the following vote: ,! AYES: Council members Davies, Hanes, Pickett, Haldrop, ~ebber, Young, and the President, Hr. lo*dy ................ ?. HAYS: Hone ...................... O. PURCHASE OF PROPERTY-ZONIWG-SETBACE LIHES: Council at its meeting of Y, 1956, having directed the~eparation of an Ordinance to purchase from Slue Ridge Optical Company, Incorporated. a 5-root strip of land along the front of its property located on the southmest corner of Day Avenue and First Street, S. Hr. ~ebber offered the following emergency Ordinance: (;12740) AM ORDIMAMC£ accepting the offer of Blue Ridge Optical Cnmpnny. Inc., to convey unto the City a five-foot strip of land off the northerly side of its lots Mos. 1020412 and 1020413 situate on the south side of Day Avenue, $. and providing for an emergency. (For full text of Ordinance, see Ordinance Hook Mo. 21, Page 350.) Hr. Webber moved the adoption of the Ordinance. The motion was seconded by Wt. ~anes and adopted by the following yore: AYES: Council members Davies, [lanes, Pickett, Waldrop. Webber. Young, and the President. Mr. Woody ................. 7. NAYS: Mone ....................... O. EASEMENTS: Council at its meeting of April 30, 1956. having directed the preparation of an Ordinance, providing for the release of a 5-foot public utility easement lying between Lot 15. Block 1. Swarthmore Place. and Lots 3 and 4. Dartman Court. extending northeastward from Ferncliff Avenue. M. ~., west of Coveland Drive. Mr. Davies moved that the following Ordinance be placed upon its first reading: (;12741) AM ORDINANCE authorizing and directing the proper City Officials, for and on behalf of the City of Roanoke, to execute a release deed unto Leon Kytchen,or his successors in title, if any. releasing and quitclaining all right. title and interest of the City of Roanoke in and to a five-foot public utility easement lying between Lot 15. Block 1. according to the Map of Suarthmore Place, recorded October I0. 1955. in the Clerk's Office of the Hustings Court in Plat Rook 1. page 71, and Lots 3 and 4. Section 1, Hartman Court. recorded in said Clerk's Office, September 19, lg51, in Plat Book 1, page 11, extending northeast- ward from Ferncliff Avenue. N. ~.. went of Covelacd Drive, and authorizing the abandonment of said five-fo~t public utility easement over said Lots 3 and 4, 2§3 MREREAS. the Planning Comuissioe on April 20. 1956. reported to the said Council that it hsd sm,died the matter and that It could not foresee uny need for retaining the said rive-foot easement amd approved the abandonment of said ease,eat. TIIEREFORE. BE XT ORDAINED by the Council of the City of Roanoke that the Mayor be, end he is hereby, authorized ned directed: for and on behalf of the City of Roanoke, to execute a proper deed, releasing and qnltclaJmlng unto Leon R. Kytchen. or his successors in title, if any. oil right, title and interest the City of Roanoke acquired by virtue of the recordation by Lee C. Dertm~aod wife af the Map of Section I, Hartmae Court, in Plat Book If page 11. to the rive-foot public utility easement shown on said nap over Lams 3 and 4. Section 10 Hartman Court. adjoining Lot 15. Section 1. Smarthmore Place Map. of Fee,rd in Plat Book 1, page ?1. and that the City Clerk be, and he Is hereby authorized end dJrect~ for and on behalf of the City of Roanoke. to attest said deed and affix the official seal of the City of Roanoke thereto. The motion was seconded by Mr. Waldrop and adopted by the foil,ming vote: AYES: Council members Davies. Danes. Pickett. Ualdrop. Webber. Young. and the President. Mr. Moody .................. ?. NAYS: None ........................ O. MOTIONS AND ~ISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED Clerk President I I 8 Monday, May 21, 1956. The Council of the City of Roanoke met in regular meeting in tke Council Chamber lu the #uulcipal Building, Monday, Muy 21, 1956, at 2:00 o'clock, p. m** the regular meeting hour. mith the President. Mr. #cody, presiding. PRESENT: Council members Davies, ~aues, Pickett. #aldrnp, Mebber, and the President. Mr. ~oody ................... 6. ABSENT: Mr. Young .............. 1. OFFICERS pRESENT: Mr. Arthur S. Omens. City Manager, Hr. Randolph G. Nhittle, City Attorney, Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend Ralph £. Bennett, Pastor of Belmont Christian Church. MINHTE$: Copies of the minutes of the regular meetings held on May 7. 1956. and May 14. 1956. having been furnished each member or Council. upon motion of Mr. Davies, seconded by Mrs. Pickett and adopted, the reading mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC RATTERS: STORR DRAINS: The City Purchasing Agent having advertised for bids for the drilling of drainage wells in the Milliamsou Road area of the City of Roanoke at locations designated by the Director of Public Mork$, the folloming bids were received: SnidomDrilling Company, $9,T00.00; and G. C. Kimberlin and Son, $9,305.00. Mr. Maldrop moved to refer the bids to Messrs. Arthur S. Owens and John L. Mentmorth for tabulation, checking for compliance with specifications and report thereon. The motion Was seconded by Mr. Rebber and adopted. STORR DRAINS: Mr. Posey M. Luney, residing at 3110 Crockett Avenue, N. R., appeared before Council and advised that a lot next door to bis home has been set aside bythe developer of his subdivision for a surface Mater seepage area, that, subsequently, numerous other subdivisions in the area have beencompleted from mhich surface water drains to said seepage area, with the result that, inhis opininn, a heavy storm would overflow the drainage area with probable damage to his property. J= In this connection, Mr. R, Douglas Nlninger, developer of the subdivision in question, appeared beforeCouucil and statedthat this particular subdivision laid oat and the map recorded in May, 1950, and that prior to that tfmeboth his and the city's engineers had studiedthe drainage problem in the general drainage area and felt that the lot set aside would be sufficient, Mr. Nlninger stating, homever, that in all probabilitya heavyrain storm mould overflow the lot in question. - -The City Manager advised that the seepage area in question mas approved by the City Planning Commission under the.Subdivision Ordinance and at the time of approval it mas felt to be adequate. -256 Hr. Homes moved to refer the matter to the City Hsuoger for sandy aid recomweudutloa, including the possfbflitr of a drainage abaft ot that locution. The motion Was seconded by Mr. Nuldrop and adopted. PETITIONS AND COHHRNICATIONS: STREETS AiD ALLEYS: The City Clerk presented u communication from Mr, John M. Thorutoao Jr** Attorney for James E. 0vier, et al, requesting that u lO-foot alley located between Helrose Avenue and Virginia Avenue, N. H** mesa of Comer City Planning Commission, flaring that In Its opinion the closing of the alley would not adversely affect the public or property owners ia the neighborhood and recommending that the request of the petitioners be granted. Hr. Hebber moved to set a public bearing no the question for 2:00 o'clock, p. m., June IH, 1956, in the Council Chamber. The motion mas seconded by Manes and adopted. SCHOOL HOARD: The City Clerk presented a communication from the Oakland Parent-Teacher Association, urging the reappointuent to the Roanoke City School Hoard of Hr. J. P. Cruichshanh and Hrs. G. C. Ltgon. The communication mas ordered filed. TRAYFIC: The City Clerk presented a communication from Hr. G. T. Dickersoa, o resident of HotetouFt County, complaining of parking regulations in the city. Hr. Hebber moved to file the communication. The motion was seconded by Davies and adopted. STREETS AND ALLEYS: The City Clerh presented a petition from residents of Compton Street, N. E.o requesting that the street be hardsurfaced. Mr. Manes moved to refer the petition to the City Manager as an administra- tive matter. The mutton Was seconded by Mr. Davies and adopted. REPORTS OF OFFICERS: ELECTIONS: The City Manager reported that the City Purchasing Agent has received bids for printing 150 copies of the voting list from Dammoud*s Printing and Lltbographing Horks at $11.29 per page, an estimated total of $6,661.10, and from Roanoke Printing Company, Incorporated, at $11.50 per page, an estimated total of $6,?H5.00, based on approximately 590 pages for the voting 1Est, and recommended the acceptance of the low bid. Mr. Davies moved to concur in the recommendation of the City Manager and offered the following Resolution: (=12742) A R/SOLUTION accepting the proposal of Mammood*s Printing and Litho. Murks, Roanoke, Virginia, for printing 150 copies of the current voting list for the City of Roanoke at a price of $11.29 per page for an estimated pages; and aathorizing and directing the Purchasing Agent to purchase ]SO copies of the voting list at a cost of approximately $6,661.10. (For full text of Resolution, see Ordinance Rook No. 21, Page 354.) Mr. Davies moved the adoption of the Resolution. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Haldrop, Hebbero and the President, Mr. Moody .................... NAYS: None ...................... O. (Hr. Young absent) ,! d BUDGET*POLICE DEPARTMEHT~ The City Manager reported that the Police Depart- meat baa been usable to bare a Commueltutloua Officer for which es annual salary of $30600.00 la contained in the 1956 budget amd yecommeeded that authority be granted to employ two temporary, Communications Officers during the busy summer season at. un estimated cast of $1,2oo. oo, mhicb has been saved from the original appropriation,, Mrs. Pickett moved to concur In the recommcedatfoa o/.the City Manager and offered the following emergency Ordinance: (z12743) AH ORDINAHCE to amend and reordein Section a60, "Police Depart- meat', of the 1956 AppropFlation Ordinance, and providing for an emergency. (For rail text of Ordinance. see Ordinance Book Ho. 21. Page 354.) Nra. Pickett moved the adoption of the Ordinance. The motion mas seconded by HF. Haldrop and adopted by the folloming vote: AYES: Council members Davies, Hanes, Pickett, Maldrcp, Mebber, and the President, Mr. Wood7 ................. ~-6. HAYS: Hone ..................... O. (Mr. Young absent) CITY FARM: The City Hanager advised that an old barn and chicken house located on the old City Farm property are in a bad state of deterioration and are no longer needed for municipal, purposes, the City #manger requesting authority to raze the buildings. Hrs. Pickett moved to concur in the request of the City #manger and to direct that the matter be handled administratively. The motion was seconded by Hr. Davies and adopted. REPORTS OF COMNITTEES: SEGREGATIOH:~Couecil at, its meeting of Hay ?, 1945, having referred to committee.composed of Hessrs. Arthur $.. Owens, Chairman, Walter L. Young, Randolph O. Hhittle and Frank H, Webb for study and recommendation the question of a racial disturbance at,the American Legioo Auditorium on the night of Hay 4, 1956, in connection witha spectator dance, the committee submitted a preliminary report, advising that the American Legtonhas agreed not to lease the auditorium in the future for the holding of public spectator dances similar to the one held on Hay 4, lqS~,and that the committee believes that this.action on the part of the American.Legion Mill prevent a recurrence of the hJgblyobJectionable conduct on that occasion, the.committee advising further that it will continue its study and, subsequently, make.a further report to Council. Hr. Waldrop moved that the report be accepted and filed. The motion was seconded bY Hr. Hanes andadopted. CITY CODE; Hr. Hanes reported that the committee consisting of ~essrs. B. Hanes, Jr., Chairman, Walter L. Young, Roy L. Webber, Arthur $. Owens and James H. [lncanon appointed by Council at its meeting of. July 5e 1955, to work mith the City Clerk in preparing a new City Code has held several meetings and since receiving enabling legislation in the form of a Charter change for the printing of the Code has directed.the City Clerk.to have the Purchasing Agent secure bids for the printing of the Code, Hr. Hanes advising further that upon receipt of the bids the committee Mill mahe a further report and recommendation to Council. ':.257 __J 258 S£JAOE DISPOSAL: Council at its wanting of December 27, 1955, having referred to n committee consisting of #essrs. Roy L. Mebber, Chairmaa, Walter L. Young, Arthur S. Owens nnd Randolph G. Mhlttle for study and recommendation n reqne~ that provision be made for sewer connections frow proposed subdivisions in the northeast section of the city to the couutyts sewer line being constructed along submitted a report, advising that it has held several meetings with county authorities, and as a result of such dlscnssfonno has had prepared a Resolution amending the contract of Septeuber 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of dowestic and commercial wastes, which it recommended that Council adopt. Hr. Davies moved to concur lU the recommendation Of the committee and offered the following Resolution: (n12744) A RESOLUTION amending the contract between the City of Roanoke and the County of Roanoke dated September 28, 1954. (For full teat of Resolution, see Ordinance Book No. 21, Page 355.) Nr. Davies moved the adoption of the Resolution. The motion was seconded by Nr. Waldrop and adopted by the following rote: AYES: Council members Davies. Hanes, Pickett. Waldrop, Webber, and the President. Mr. Moody ............... 6. NAYS: None ................. O. (Hr. Young absent) UNFINISHED BUSIRESS: ZONING: Council at its meeting of May 7, 1956, having referred to the City Planning Commission for study and recommendation a request of the 5tar City Realty Company, agents for the Roanoke County School Board, that a 7 1/2 acre tract of land lying on the east side of Hollins Road, N. E., at the northern corporate limits of the city, be rezoned from General Residence District and Special Residence District to Light Industrial District, the City Planning Commission submitted its report, stating that after studying the location of the property in question, which is situated across the highmay from a large industrial district, it believes that the land is more suitable for industrial uses than for residential -purposes, and that it should be rezoned, the Commission advising further that it feels that several properties adjacent on the north of the tract of land in question should be placed in the same classification for future developuent, and, therefore, recommending that Council grant the request of the petitioner, and that in addition, Official Lot No. 3140810, in the names of R. C. and Ethel C. Jernell; Official Lot No. 3140809, in the name of Johnson Carper Furniture Company, Incorporated; and Official Lot No. 3140808, in the name of Lera E. Jennings, be also rezoned to a Light Industrial District. In this connection, the City Clerk advised that the matter has also been referred to the Roanoke City School Board for advice as to mhether or not it desires the site for school purposes, bat that the School Board report will not be submitted until after its meeting on the evening of Bay 21, 1956. Bt. Maldrop moved to hold a public hearing on the request at 2:00 o'clock, p. m., June 16. 1956, in the Council Chamber. The motion was seconded by Hr. · ebber and adopted. CONSIDERATION OF CLAIMS: NONE. ' INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 127350 vacating, abandoning and closing that portion of Park Road, S. E,. extending from Ash Street through property owned by the Roanoke Hospital Association to the Hill Mountain Incline. having previously been before Council for ika first reading, read and laid over, was again before the body, Hr. Davies offering the following for its second reading and final adoption: (x12735) AN ORDINANCE vacating, abandoning and closing that portion of Park Road lying between its intersection with the westerly side or Ash Street and its intersection with the easterly side of certain property owned by the City of Roanoke, Virginia, known as Mill Mountain Incline, and which lies wholly within the real estate owned by Roanoke Hospital Association and which is sometimes hereinafter referred to as *that portion of Park Road** (For full text of Ordinance, see Ordinance Book No. 21, Page 3SI.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Maldrop, Webber, and the President, Mr. Moody ............. NAYS: None ............... O. (Hr. Young absent) CASEMCNTS: Ordinauce No. 12741, authorizing and directing the proper city officials to execute a release deed unto Leon R. gytchen, releasing and quitclaim- lng all right, title and interest of the City of Roanoke in and to a 5-foot public utility easement lying between Lot 15, Block 1, Swarthmore Place, and Lots 3 and 4, Hartman Court, extending northeastward from Ferncliff Avenue, N. H., west of Coveland Drive, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Maldrop offering the following for its second reading and final adoption: (~12741) AN ORDINANCE authorizing and directing the proper City Officials, for and on behalf of the City of Roanoke, to execute a release deed unto Leon R. Kytchen, or his successors in title, if any, releasing and qultclaieing all right, title and interest of the City of Roanoke in and to a five-foot public utility easement lying between Lot 15, Block 1, according to the Hap of Swarthmore Place, recorded October 19, 1955, in the Clerk's Office of the Hustings Court in Plat Book 1, page 71, and Lots 3 and 4, Section 1, Hartman Court, recorded in said Clerk's Office, September lC, 1951, ia Plat Book 1, page 11, extending northeast- ward from Ferncliff Avenue, N. M., west of Coveland Drive, and authorizing the abandonment of said five-foot public utility easement over said Lots 3 and 4, Section 1, Hartman Court. (For full text of Ordinance, see Ordinance Book No. 21, Page 353.) Mr. Maldrop moved the adoption of the Ordinance. The motion wa~ seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Davies, Hanes, Pickett, Waldrop, Webber, and the President, Mr. Moody ................ NAYS: None .................. O. (Mr. Y~un9 absent) 260 MOTIONS AND MISCELLANEOUS BUSINESS: PARRS AND PLAYGROUNDS:.Mr. Maldrop stated that'he has received a complaint that due to the luck of supervision it Lakeuood Perk a group of older boys is molesting younger children and moved to refer the matter to the City Manager for administrative action. ~he motion Mas seconded by Mrs. Pfctett and adopted. COUNCIL: Mr. Hales submitted a letter, advising that he has been appointed to the positiom of Assistant United States Attorney for the Resters District of Virginia, and that due to government regulations, the Department of Justice has denied his request that he be allomed to serve the relalader of bis term on the Council of the City of Ronnoke, consequently, he fs tendering hfs resignation ns member of Roanoke City Council effective Ray 21, 1956, with deep regret. Mayor Moody, speaking for the other members of Cooncil, expressed the sincere regrets of the body at the necessity of Mr. ~anes* resignation mhich mill result in the loss of his mlse counsel In the deliberations of the body and presented Mr. Hanes with a sliver platter from his colleagues in appreciation of his service with them on the Council of the City of Roanoke. There being aa farther business, Council adjoorned. APPROVED I i COUNCIL, REGULAR Monday. #ny 28, The Council of the City of Roanoke Bet in regular meeting in the Council Chamber in the Municipal Building, Monday. May 20, 1956, ut 2:00 oOclock, p. m., the regular meeting hour, with the President, Mr. Moody, presiding. PRESENT: Council members Davies, Pickett, #aldrop, Yebber, Young. and the President, Hr. ¥oody ................. 6. ABSENT: Noae ................. O. OFFICERS PRESENT: Mr. Arthur $. Omens, City Manager, Mr. Randolph G. Mhittle, City Attorney. Hr. Barry R. Yates, City Auditor. and Hr. J. Robert Thomas. City Clerk. The meeting was opened mith a prayer by The Very Reverend John S. Igoe, Pastor of St. Andremts Roman Catholic Church. MINUTES: Copy or the minutes of the regular meeting held on Monday, Ray 21. 1956. having been furnished each member of Council, upon motion of HFS. Pickett. seconded by Mr. Davies and adopted..the reading was dispensed with and the minutes approved as recorded. B£ARING OF CITIZENS UPO~ PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: SCHOOL BOARD: The City Clerk presented a communication from the Boff Lone Parent-Teacher Association, requesting that Mr. J, P. Cruickshaoh and Mrs. C. C. Llgon be reappointed as members of the Roanoke City School Board. The communication mas ordered filed. SCHOOL BOARD: Zhe City Clerk presented a communication from the Lee Junior Parent-Teacher Association, recommending the reappointment of Mr. J. P. Cruickshank as a member of the Roanoke City School Board. The communication mas ordered filed. REPORTS OF OFFICERS: STORm DRAINS: Council at its meeting of Ray 21, 1956, having referred to the City Manager for study and report a communication from Mr. Posey M. Luney, 3110 Crockett Avenue, N. ¥,, concerning a seepage area for excess surface water next door to his property, the City Manager reported that every effort will be made to furnish adequate maintenance service, and if successful, some of the new drainage shafts may relieve this seepage area of some of the mater now flowing Mr. ¥ebber moved to concur in the report of the City Manager. The motion was seconded by. Mr. Young and adopted. ~ RECREATION DEPARTMENT-PARRS ANDPLAYBROUNDS: The City Manager reported that he has successfully negotiated for a reasonably large play area tnGarden City at a rental of $50.00 per year for a period of three yearsaod recommended that he be authorized to lease the said property. Mr. Davies moved to concur in the recommendation of the City Manager and offered.the following emergency Ordinance: · 261 ,262 (a12745) AN ORDINANCE aethorlling the City manager to lense approximately four (4) acres of lnnd from #rs. Gale B. Cyphers for n three-year period, commencing June 1, 1956, for recreational purposes, ut $$0.00 per year; nad providing for na emergency. (For full text or Ordinance, see 0rdlnnace Book No, 21, Page Mr, Davies moved thc adoption of the Ordinance. The motion was seconded by Hr. Webber and adopted brahe following voter AYES: Council members Davies, Piohett, Naldrop, Mebber, Young, and the President. Ne. Woody ................. ,NAYS: None ................... O. GRADE CROSSINGS-STREET IMPROVEMENTS: The City manager reported that, acting under Instructions of Council, he contracted mith Ben Constructinn Company, locorporated, for the construction of concrete pavement, curb and gutter, sidemalhs, drainage lines and other appurtenant work for constructing a roadway betmeen Salem Avenue and Norfolk Avenne. S. E** nest of Third Street. and requested that Council adopt an Ordinance ratifying the execution of the contract for said mork. Mr. young moved to concur in the recommendation of the City Manager acd offered the follouing emergency Ordinance: (=12746) AN OROlNANC£vatifying and approving the act of the City Manager and of the City Clerk in executing a contract for, and on behalf of, the City of Roanoke with Rea Construction Company, Inc., bearing the date of March 5, 1955; appropriating $8,B96.78 to defray the City*s part of the obligation incurred under said contract; andproviding for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 35T.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following rote: AYES: Council members Davies, Pickett, Naldrop, Webber, Young, and the President, Br. Woody .................... NAYS: None ...................... O. BUDGET-COMMISSIONER OF REVENUE: The City Manager reported that the Commissi( of Revenue has requested an additional appropriation of $700,00 for the purchase of city automobile tags for 1956, which he recommended be granted. Mr. Waldrop moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (n12747) AN ORDINANCE to amend and reordain Section #5, #Commissioner of Revenue", of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordtnacce Boob No. 21, Page 358.) Mr. Natdrop moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the~folloming vote: AYES= Council members Davies, Pickett, Waldrop,. Nebher, Young, and the President, Mr. Woody ................. NAYS: None ................ ~--0. REPORTS OF COMMITTEES: STORM DRAINS: Council at its meeting of May 21, 1956, having referred to Messrs. Arthur S. Omens and John L. Wentworth for tabulation and report bids t received for the drilling of drainage shsfts in the Mlllinmson Road area, the committee submitted its report, along with the tabulation, showing the bid of the Snidow Drilling Company in the anoint Of $6.700.00 aS IOW, Smd advising that the bid meets the city's specifications, Mr. Young moved to file the report and offered the following Resolution: (a12749) A RESOLUTION accepting the proposal of Snidom Drilling Company, Christialsbnrg, Virginia, for the drilling of drainage wells Il the Milliauson Road area of the City of Roanohe at specific locations designated by the Director of Public Rorks and to include the furnishing and installing of casings in the total sum of $8.700.00; and authorizing and directing the City Manager to execute the requisite contract. (For full text of Resolution, see Ordinance Dook Ho. 21, Page 35g.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Maldrop and adopted by the folloming vote: AYES: Council members Dories. Plckett, Ma]drop, Webber, Young, and the President. Mr. Moody ................... 6. NAYS: None ..................... O. S£MA~E DISPOSAL: Council at lts meeting of April 23, 1956, hating referred a committee composed of Messrs. Roy L. Webber. Chairman. Walter L. Young. Arthur S. Owens and Randolph ~. Rhittle for study and recommendation a request of the Board of Supervisors Of Roanoke Connty for an amendment to the contract of September 28, 1954. between the City Of Roanoke and the County of Roanohe, dealing mith the treatment of domestic and commercial wastes, by adding Edgehill and Edgehlll Estates lying south of the city, the committee Submitted its report. recommending that the request of the Doard of Supervisors of Roanoke County be granted. Mr. Davies moved to concur in the report of the committee and offered the following Resolution: (~12749) A RESOLUTION amending the contract of September 28, 1954. between the City of Roanohe and the County Of Roanoke dealing with the treatment of domestic and commercial wastes, (For full text of Resolution, see Ordin'once Oook No. 21, Page 360.) Mr. Davies moved the adoption of the Resolution. The motion was seconded Mrs. Pichett and adopted by the follomlng vote: AYES: Council members Davies, Pickett, Maldrop, Webber, Young, and the President, Mr. Moody ................... NAYS: None ..................... O. MATER DEPARTMENT: Council at its meeting of ~ay 7, 19~6, having referred to a committee composed of Messrs. Roy L. Webber, Chairman, Walter L. Young, Arthur S. Owens, Randolph G. Whittle, Harry R. Yates and G. H. Rnston for study and recommendation a proposed establishment of a pumping station for the Chapel Forest Subdivision on the summit of Stone Mountain, the committee submitted its report, stating that after studying the problems of supplying Water tn such a high elevation which will require four different pumpings of mater, it has concluded that the additional service required necessitates the adoption of higher applicable water rates, and that for technical reasons it is impracticable to set a hydraulic level at which the rate Should increase, the committee, therefore, ~264 recommending that an increase of tuenty cents per hundred cubic feet over the eztstlng rates be imposed on the consumers of water that is pumped friar times. Mr. Wnldrop moved to concur in the report or the committee and offered the follouing emergency Ordinance: ¢n12750) AN OIDINA~CE establishing a hem schedule of rates for mater pumped four times and furnished to consumers by the Water Department of the City of Roanohe; and providing for an emergency. (For full tent of Ordinance, see Ordinance Hook No. 21, Page 361.) Mr. Maldrop moved the adoption of the Ordinance. The motion mas seconded b~ #r. Davies end adopted by the follomiog vote: AYES: Council members Davies, Pichett, Nnldrop, Webber, Young. and the President. Hr~ Woody .................... 6. NAYS: None ...................... O. Hr. Mebber, Chairman of the committee, then stated that it mas the intent of the committee that Council should accept the pumping station when properly constructed by the Chapel Forest Subdivision developers in accordance with the city*s specifications and approved by the City Manager and moved that upon notificatloo by the City Manager that the said station has been properly constructed in accordance uith the city*s specifications, the City Attorney prepare a proper Ordinance accepting the station for presentation to Council. The motion was seconded by Mr. [oldrop and adopted. UNFINISHED BUSINESS: BUDGET-TRAFFIC-SCHOOLS: Council at its meeting of May 7, 1956, having referred to the Roanoke City School Board for study and recommendation the question of establishing Mothers Patrols in the vicinity of public schools, the School Board reported that it has the matter under consideration and mill continue its studies. The report mas ordered filed. ZONING-SCHOOLS: Council at its meeting of May T. 1956. having requested ,hal the Roanoke City School Hoard advise the body whether or not the School Board is interested in a 7 1/2 acre tract of land owned by the Roanoke County School Board lying on the east side of Dollins Road, N. E** at the northern corporate limits, ¢ as a possible school site, the Board reported that it considers the tract undesirable as a school site because of topography and location and, therefore, is not interested in the tract as n school site. Mr. Davies moved to file the report. The motion was seconded by Mr. Waldro and adopted. CONSIDERATIONOF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: EASEMENTS-SEIfEHS: Council at its meeting of May 7, 1956, having directed the preparation of a Resolution, providing for the acceptance of a right-of=way dee for a sewer line over the property of James E. and Lelia M. [altz, being part of Lot 5, Block 6, Meaver Heights, as recommended by the City Manager, Mr. Young offered the folloming Resolution: .! (n12751) A RESO£UTIO~ accepting a newer easement from Janen £. iud Lulls #. Maltz. (For full text of Resolution, see Ordinance Book No.21, Page 362.) · ~r. Young mov~d the adoptLon of the Resolution. The motion man seconded by Mr. Nebber and a~opted by the following vote: AYES: Council members Darien, Pickett, Maldrop, Mebber, Young, and the President, Mr. ~oody ................. 6. NAYS: None ................... O, 'MOTIONS AND 'MISCELLANEOUS BUSINESS: BUDGET-P~LI~E DEPARTMENT: The City Manager stated t~at'he'and the Superintendent of Police hare concloded after a study of the shortage of'manpower in the Police Oep~rt~ent that by equipping two additional 3~wheel motorcycles with radio equipment for use in the downtomn are~ during the night better police coverage could be given in patrolling that area, that the cost of equipping such vehicles woul~ be approximately $900.00 and that $620.00 of that amount could be authorized from unexpended funds in the 1956 budget for automotive ~qnJpment, thus necessitating an appropriation of only $260.00 which h~ wishes Council to consider. Mr. Webber moved to direct the City Manager to present a written report wi~h his recommendations in the matter at the next regular meeting of Council. The motion was seconded by Mr. Young an~ adopte~. There being no further business, Council adjourned. APPROVED :266 COUNCIL, NEGULA~ MEETING, Monday, June 4, 1956. The Council of the City of Roanoke met ia regular meeting in the Council Chamber In the Municipal flaildfn9, Monday, June 4, 1956. It 2300 otolcck, p. the regalar meeting hour, with the President, Mr. Woody, presiding. PRESENTx Council members Davies, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ............... A~SEflT: None ............... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr, Randolph 6. Mhittl~ City Attorney, Mr. W. F. Grlggs, Assistant City Auditor. and Mr, J, Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend J. L. Ayres, Assistant Pastor of Belmont Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, May 1956, having been furnished each member of Council, upon motion of Mr. Davies, seconded by Mrs. Pickett and adopted, the reading was dispensed with and the minntes approved as recorded. BEARINO OF CITIZENS UPON P~BLIC RATTERS: STREETS AND ALLEYS: A public hearing having been set fur 2:00 o'clock, p. June 4, 1955, on the request of Mrs. Lena M. Ninluger that a portion of Hazelrldge Road. N. M., extending from Oakland Boulevard northerly across Troy Avenue as shown on Map No. 11 of William Fleming Court. be vacated, discontinued and closed, and notice of the hearing having been published in The Roanoke Norld-Nems on May 18, 1956. and the City Planning Commission having previously recommended that the request of the petitioner be granted, the hearing was held at which no one appeared, Mr. Waldrop moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (n12752) AN ORDINANCE enacted pursuant to the provisions of Section of the Code of Virginia (1950) as amended to date providing for the approval of the Council of the City of Roanoke, Virginia, to aa instrument vacating, discontinuing and closing that portion of Dazelridge Road. N. W., extending northerly from Oakland Boulevard across Troy Avenue as shown on Map No. 11, William Fleming Court. WHEREAS. application has been made to the Council of the City of Roanoke to hare approved a certain instrument dated May 4, 1956, executed by Lena M. Nininger vacating, discontinuing and closing that portion of Bazelridge Road, N. W., extendl~ from Oakland Boulevard northerly across Troy Avenue as shown on Map No. 11, William Fleming Court; and WHEREAS, the said Lena M. Nininger ts the owner of all of the property abutting said portion of Hazelridge Road; and WHEREAS, the City Planning Commission has considered the request of said application and has recommended that the same be granted; and MREREAS. this Council caused a public hearing to be held on June 4. 1956, pursuant to notice thereof, at which hearing, the citiaens were given an opportunit] to be heard beth for and against the request of said petition; and WHEREAS° thin Council, after considering the evidence snbmitted, is of the opinion that vacating said portion of Hszelridge Road mill not abridge or destroy any of the rights and privileges or any other owners or property mithln the bounds cf the area mf land shomn on said Map or William Fleming Court, smd is further of the opinion that said request should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certain instrument, executed by Lena B. Nininger, under date of May 4, 19§6, per- manently vacating, discontinuing and closing said portioncf Bazelridge Road extendl: from Oakland Boulevard northerly across Troy Avenue as shomn on Hap No. 11 of Williau Fleming Court of record in Plat Boob 1, page 49, be, and the seme is hereby approved by thin Council as provided by Section 15-766.1 of the Code of Virginia (1950) as amended to date. BE IT FURTHER ORDAINED by the Council of tbe City of Roanoke that a certifi( copy Of this Ordinance be delivered by tbe City Clerk to the Clerk of the Hustings Court of the City of Roanoke, Virginia, to the City Engineer of the City of Roanoke, Virginia, that the City Engineer of the City of Roanoke, Virginia, make appropriate notation of tbe vacation herein approved, and that said vacation instrument dated May 4, lgS6, be recorded in the Clerk*s Office of tbe Hustings Court of the City of Roanokee Virginia. The motion mas seconded by Rro Young and adopted by the following vote: AYES: Council members Darles, Pickett. laldropo ~ebbero Yonng, and the Pre~ldento Mr~ ~oody ............. 6. NAYS: None ............... O. PETITIONS AND COMMUNICATIONS: SEWAGB DISPOSAL: The City Clerk presented a commu~nication from Mr. Robert P Woodson, 1115 Tayloe Avenue, B. B., complaining of odors emanating from the Sewage i Treatment Plant. , . Mr. Waldrop moved to refer the communication to .t_he City Manager as an administrative matter. Tbe motionwa$ seconded by Mr. Davies and adopted. SPECIAL pERMITS-STREETS AND ALLEYS: The City Clerk presented a communicatior M t th iljl from Mr. TomStochton Fox, Attorney for r. Alber R. Algal, advising at a bu ding omned by his clienton the northwest corner of Fourth Street and Campbell Avenue, [ ! to remain. Mro.Webber moyed that Council concur .in the request and that the following Ordinance be placed upon,its.first reading: : ~ (x12753) AN ORDXNANC£ granting permission to Albert R, Algal .to maintain certain encroachments over the aorta line of the sidewalk on tbenorth side of Campbell Avenue~ S;,W., west of Fourth Street, and on the west side:of Fourth Street, S. W., north of Campbell;Avenue. upon.certain terms and caflditions.. WHEREAS, a ~nrvey of the property of Albert B. Algal situate on the north- mest corner of Campbell Avenue and Fourth Street, S. N., in the City of Roanoke, shom~ as number:lOlO?09 om'the Official TaxMap of the City; and as'Lot'l,,Bloch 13 according to the F. Rorer Map, made by C. 8. Malcolm and Son, State Certified Engineers, dated May 25, 1955, shows that the building erected thereon by Albert R. Algal in 1~45 projects southerly .09 of a foot over the street or sidewalk line at :'267 the mesteru end of the building on the north side or Campbell Avenue uBd ,33 of u root over said line nt the eastern end or the said building on the north aide of Campbell Arcane, and .9S of n foot over the sidewalk or street line on Fourth Street ut the southern end of the said building on Fourth Street and 1.45 or a root over said sldemalk or street line at the northern end or said building on Fourth Street, and WHEREAS, said encroachments appear to have been Innocently and lnadverteetll mede due either to minor errors in the survey in the original Rorer Subdivision, in the location of the stakes for the erection of said building in 1946, or in the change of street monuments, bat tho said errors do not impracticably affect, abridge or destroy any of the rlght~ to the use of the said streets, and , WHEREAS. the said Albert R. AlGal donated and gaV~ to the City six feet on the northern side of Campbell Avenue for said sidemnlk in the year 194b, and the other members of his family lJkemise gave six feet for said purpose along the northerly side of said Campbell Avenue to go with the donation by the said Albert R. AlGal for the entire block lying between Fourth and Fifth Streets, end WEEREAS, the said Albert R. AlGal bas petitioned this Council for authority to maintain said encroachments upon the terms and conditions hereinafter provided. THEREFORE, BK 1T ORDAINED by the Council of the City of Roanoke that per- mission be, and the same is hereby, granted to Albert R. AlGal to maintain, subject to the terms and conditions hereinafter provided, the encroachment of.the front wall of the said building located upon said Lot .1. Block 13. according to the F. Rorer Map, being Number 1010709 on the Official Tax Map of the City, over the front line of said lot onto the sidewalk or street area on the north side of Campbell Avenue for a distance of .08 of a foot at the mestern end of the said building and .33 of a foot at the eastern end of the said building, and over the sidewalk or street line on the west side of Fourth Street for .95 of a foot at ~he southerly end of said building and 1.45 of a foot at the northerly end of said building; provided,, however, that the aforesaid permission so granted shall be held and deemed to be a license merely and shall be revocable by this Council, or the General Assembly, or upon the removal or destruction of the said existing building,, and that the said Albert R. Alenf shall, by acting under this ordinance, be deemed to agree to indemnify and save harmless the City of Roanoke from all claims for ~am~ge~ to person or property by reason of the construction, existence or maintenance of the aforesaid encroachments. The motion was seconded by Mr. Davies and adopted by the following vote: - AYES: Council members Davies. Pickett, Maldrop, Webber. Young, and the President, Mr. Woody ............. NAYS: None ............... O. ZONING: The City Clerk presented a communication fre~ R~. Albert C. Roberts and Mrs.. Ethel E. Ford, requesting that Lets 1 and 2. Block 7, BelmoeL Land Company. be resound from Special Resiience District to Business District. Mr. Young moved to ~efer the request to the City Planning Commission for study and recommendation. ~he motion was seconded by Mr. Waldrop and adopted. .! REPORTS OF OFFICERS~ BUDGET-POLICE DEPARTMENT: Council ut its meeting of Ray 20, 1956, having directed the City #aasger to preheat, la writing,.e proponal for equipping tmo police 3-mheol motorcycles with radio equipment, the City Manager submitted a repor' advising, that equipping the two vehicles with two-may radios would strengthen the police effort in the downtown area since the three vehicles could do the work of si: patrolmen and that the eost momld be $900.00. Mr. lebher moved to concur In the report of the City Manager and offered the follomlng emergency Ordinance: (al2TS4} AN ORDINANCE to amend and reordaln Section u60. #Police Department' of the 1956 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance. see Ordinance Rook No. 21, Page 363.) Mr. lebber moved the adoption of the Ordinance. The notion was seconded by Mr. Young and adopted by the foliow~ng vote: AYES: Council members Davies. Pickett. ~aldrop. ~ebber. Young. and the President, #r. ¥oody ............. 6. NAYS: None ............... O. BUDGET-HEALTH DEPARTMENT: The City Manager advised that he inadvertently omitted from his 1956 budget request the amount of $1.090.00 needed to carry on the work of the dental clinics in the Healt~ Department for the current year and requested that an appropriation of that amount be nude. Mr. Waldrop moved to concur Jn the recommendation of the City Manager and offered the f~llowln9 emergency Ordinance: (u12755) AN ORDINANCE to amend and reordain Section #40, "Health Department' of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 21. Page 363.) Mr. Woldrop moved the adoption of the Ordinance. The notion was seconded b) Mrs. Pickett and adopted by the following vote: AyES~ Council members Davies. Pickett, Waldrop, Webber, Young. and the President, Mr, Woody ........... 6. NAYS: None ............. O. BUILDING CODE: The City Manager presented a revised Building Code which has been prepared by the Building Inspector and which mill adopt the 1955 edition of The ~atlonal Building Code, with amendments, to replace the 1949 National RuJlding Code mom in use, the City Manager advising that the Building Inspector has gone over the proposed new code with the various building trades and that the proposed Ordinance has been prepared by the City ittorael, the City Manager advising further that he recommends that the proposed Building Code be adopted along with other Ordinances in the preparation of the nam City Code. Mr. Ioung moved to hold a public hearing on the proposed Building Code at R:O0 o*¢lock, p. m.. July 30, 1956, in the Council Chamber. The motion was seconde~ by Mr. Waldrop and adopted.-_ REPORTS: The City Manager transmitted the report of the Department of Public Welfare for the month of April. 1956, and reported that other departmental reports are on file in his office. The report was ordered filed. ~.',270 .* '* REPORTS OF CORMITTEES:'NONE. ' . : · UNFINISHED BDSIHESS~,HOHEo'' ~. ~ ' CONSIDERATION OF CLAIRS: HOHE. '" ,'. . :' ': INTRODUCTION AED.CONSIDEDATION OF ORDINANCES AND RESOLUTIONS: NONE. NOTIONS'A~D NISC~LANEOOS DOSINESS: ~ .... RECREATION D~ARTMENT-PARRS AEDPLAY~OUNDS: Rrs~ C. O. Bishop, 4036 Eentuchy Avenue,.N. #..* appeared before Council and stated that there being no park area for children in the Hashing*on Heights-section** her property.' along that or her neighbors, is overrun by children in:their play, resulting in damage to gardens, rlomera;~ etc..' Mrs. Bishop requesting that Council take action to provide Mr. Hobber moved to rarer'the request to the City Manager rot study and recoumendation. The motion mas seconded by Mr. *Young and adopted.,. * ZONING: The City Clerk preseoted, a comnnnication from the Star City Realty Company. asking that its request for rezoning from General*Residence District and Special Residence District to Light Industrial District a ? 1/2 acre tract Or land lying on the east side Or Hollins Road, N. E.. at the northern corporate limits, be mlthdramc from Council.ts agenda.the City Clerk advising that no notice or the public hearing set rot 2:00 oeciock, p. m** June 18. 19S6, as previously authorized by Council. has been published. Mr. #ebber moved to concur lu the request for withdrawal and *hal the matter be stricken from the calendar. The motion was seconded by Mrs. Pickett and adopted. There being no rug*her business, Council adjourned. . . . APPROVED COUNCIL, REGULAR MEETING, Monday, June 18, 1q$6, The Council or the CIW of Roanoke met in regular meeting in lbe Council Chamber in the Municipal Building, Monday, Juce 18, 1956, at 2:00 o'clock, the regular meeting boar, uith the President, RFc Moody, presiding. PRESENT: Council Members Davies, Pickett, Maldrop, Rubber, Yonng, and the President, Mr. Moody ....................... 6. ABSENT: None ....................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Nhittleo City Attorney, #r. Barry R. Yates, City Auditor, and Hr. J. Robert Thomas, City Clerk. The meeting was opened ~lth a prayer by the Reverend Charles E. Crank, iF., Pastor of First Christian ChuFch, COUNCIL: The Mayor announced that the next order of business would be the election of n successor on Council to Mr. Leigh B. Banes, Jr., resigned, for his unexpired term ending Angust 31, lgS&. Mr. Davies placed in nomination the name of Mr. Benton O. Dillard. Mr. ~ebher moved to close the nominations. The motion was seconded by Mr. Young and adopted; whereupon, Mr, Benton O. Dillard was elected n member of City Council to fill the unexpired term of #F. Leigh B. Banes, Jr., resigned, which term expires August 31, lgS$, by the following vote: AYES: Council members Davies, Pickett, laldrop, Rubber. Young, and the President, Mr. Moody ................... NAYS: None ..................... O. MINUTES: Copy of the minutes of the regular meeting held on Monday, June 4, 1956, having been furnished each member of Council, upon motion of Mrs. Pickett, seconded by Mr. Davies and adopted, the reading mas dispensed with and the minutes approved as recorded. COUNCIL: At this point, Mr. Benton O. Dillard presented his oath of office, and being qualified, took his seat on Council. HEARING OF CITIZENS UPON PUBLIC MATYERS: STREETS AND ALLEYs: A public hearing having been set for 2:00 o'clock, p. June 16, 1956. on the request of:James E. Oyler, et al, that a lO-foot alley located between Belrose.Avenne and Virginia Avenue, N. #., west of Comer Street, he vacated, discontinued andclosed, and notice of the hearing baying been published in The Roanoke Morld~Nems on May.31, 1956, and the Ctty Plonning Commission having previously recommended that the request of the petitioners be 9ranted, the hearing was held at which no one appeared. Mr. Young moved that Council concur in the recommendation of the City Planning Commission.and that the following Ordinance be placed upon its first reading: (u12756) AN ORDINANCE approving the vacation of a lO-foot alley ia the City of Roanoke, Virginia, lying north of and parallel to Melrose Avenue, N. bounded on the east by Comer Street and dead-ending on the west against n tract of land. ::271 ..272 ' MHERBAS, pursuant to the provisions of Section 15-766.1, Code or ¥1rglule (1950) Supp.), James E. Oyler, Helen T. Oyler end The Coloelel-Awericee Watluael Sseh of Roanoke, Virginie, keve executed ned eckeowledged au iestrument dated May 17..1956, reciting that the pint of Dloch !, West Path, reveals · certeln lO-foot alley tr'averslng Block 1, according to that map, and further reciting that the above parties h~ve become the oweers of ell property abutting upon this alley and thst it is the desire of these parties as nil of theabuttieg landowners that ibis alley be permanently vacated{ end. MHEREAS, the proposed vacation of this alley has been submitted to and approved by the City Planning Commission ia accordaece with the provisions of Section 15-909, Code of Virginia (1950); and NHEREAS, the vacation of this alley will neither abridge nor destroy the rights or privileges of any otbet property owners; and MHEREAS. the abutting landowners have duly presented the foregoing matter by petition to this Council for approval, this Council being the governing body of the City in which the aforesaid alley is now located. THEREFORE. BE IT ORDAINED by the Council of the City of Roanoke that it officially express Its approval of the vacation of that certain 10-foot alley shown on the plot of Mast Pork. as recorded in Plat Book 1, page 327, in the Circuit Court for Roanoke County, lying parallel to and approximately 160 feet north of Melrose Avenue, N. M., and bounded on the east by Comer Street and abuttin7 on certain property owned by James E. O71er and Helen T. Oyler on the xest and that all right, title and interest of the City of Roanohe and the public in the above described alley is hereby released insofar as this Council is empowered SO tO do. DE IT FDRYDE8 OEDAINED that the City Engineer be directed to mark · Permanently Vacated, Discontinued and Closed* the above described alley on all naps and plats on file in his office upon which this alley may be shown with appropriate reference to the book and page of Resolutions and Ordinances of this Council, and to the boob and page of the deed book in the Clerk*s Office of the Hustings Court of this City where the instrument executed and acknowledged by the abutting landowners shall be filed for record. DE XT FURTHER OEDAINED that the Clerk of this Council deliver to the Clerk of the Hustings Court for the City of Roanoke a copy of'this Ordinance in order that proper notation may be made on all maps and plats in said clerk's office upon which are shown the said alley; and further that the Clerk of this Cooncil deliver to James E. Oyler and Helen T. Oyler and The Colonial-American National Dank of Roan6he, the abutting landowners, a certified copy Of this Ordinance to be attached to the written instrument signed by said property owners and filed in the Clerkts Office of the Hustings Court for the City of Roanoke for record. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Waldrop, Mebber,¥oung, and the President, Mr. Moody .................... NAYS: None .......................... O. , DEPOSITORIES: Mr. Earl A. Fitzpatrick. Attorney for.local basks designated us City Oepositories,,appezred before Council amd presented a.comnunlcation, requestieg.tbct consideration be given to aweodizgChupter 21. Section 5, of the Roanoke City Code, Which requires depository banks to have on deposit with the Treasurer of-the City or Rcsnokeas indemnity against loss, by reason of failure of such depository, bauds o[ the Umfted States Gorermmeet. State of Yirglmlu, er uny city or the first class within the Slate of Virginia having a current loan value of 105~ of the total amount of money of tbs city ca deposit with such depository, said securities being deposited in escrow in local bashing institutions, the requested auendment to provide that the pledged securities be deposited in escrow with the Federal Reserve Eank under Operating Circular No. 16 dated January 1, 1953. issued by the Federal Reserve Banh of Richmond, Fitzpatrick explaining that the requested change would pernit the depository banks in the city to save a considerable amount o! expense entailed in the shipping of pledged securities when the sane are sold, exchanged or redeemed, and in addition, would save a considerable amount of tine on the part of bank and government officials in the clipping of coupons since tbs present escrow agreements require officials of two banks and the city for this.purpose, Mr. Fitzpatrick stating that neither he nor his clients wish to,lessen the security of the City of Roanoke in any manner, and suggested that Council appoint a committee to study his proposal and submit its recommendations to the body prior to any action being taken. Mr. Rubber mored to appoint a committee consisting.of Messrs. Marry Yates. Chairman, J.M. Johnson and Randolph G. Mhittle to make a study of the matter and submit its report thereon. The motion was seconded by Mr. Young and adopted. STREETS AMD ALLEYS-SIDEWALKS: Mrs. Alba E. Simmons appeared before Council and submitted a petition from residents of Forest Mill Avenue and Lyndburst Street, N. W., requesting that immediate attention be given to the resurfaclng of their streets and the repairing of the sidewalk on Lyndhurst Street, N. W~, from Forest Mill Avenue to Williamson Road. Mr. Webber moved to refer the petition to the City Manager for disposition. The motion was seconded by Mr. Young and adopted. PETITIONS ANOCOMMUNICATIONS: STREET LICHYS: The City Clerk presented a communication fromthe Appalachian Electric Power Company, reporting the,installation of twenty-three 2500.lumen street lights and three 6000 lumen street lights, increasing five2500 lumen street lights to 6000 lumen units and the removal of one 21000 lumen street light during the month of May, 1956. The report mas ordered filed. TRAFFIC: The City Clerk presented a communication from the American Automobile Association. advising that the City=of Roanoke hasbeen awarded Honorable Mention for Pedestrian Program.Activities for1955. . ;The communication was ordered filed~ BUDGET-COMMISSIONER OF REVENUE: The City Clerk presented a communication from Mr. JanesA. Armstrong. Commissioner of Revenue. requesting that his 1956 :.273 ;274 budget be amended by appropriating $2,590.54 for the purchase of fourteen desks and fnnrteeu ehnirn for his office, one-third of the cost of uhlcb will be paid by the Cnmwouuealth of Virgiull0 and a.further communication from the Compensation Board of the Commonwealth of ¥irgiulu, advisleg that it has approved a request of the Coumisslnner of Revenue for the purchase nr fourteen desks amd fourteen cbulrn ut n total cost of $1,624.50. Mr. Mebber waved that the matter be deferred for consideration along with the 1957 budget. The motion was seconded by Mr. Davies and adopted. GARBAGE REROYAL: The City Clerk presented a Resolution of the Hollius Road Civic League, Incorporated, objecting to the establishment of a garbage dump in ins community and advising that If a sanitary land fill dump is to be established it feels that Council should go on record assuring the comwunity that the dump will be properly operated and cared for as previously outlined to the residents of the community by the City Ranager. Ia this connection, Hr. Lewis M. Mills, a resident of the aFea, appeared before Council sad stated that the residents of the area feel Shat Council should appropriate sufficient funds to procure the proper equipment for use in the land fill operations and should assure the residents that proper methods of operation will be used in the dump in ordeF thai the citizens will suffer no deteriorasion in the value of their properties. Hr. Webber moved to refer the matter to the city Rauager for study with the direction that he furnish a plan of operation for the dump prior to starting ~garboge disposal activities thereon. The motion was seconded by Mr. Waldrop end ladopted. R£RORIALS-GRAHE CROSSINGS: The Cltl Clerk presented a Resolution of the Rotary Clob of Roanoke, requesting that Council give its authority for the following: 1. TQ authorize and permit the Rotary Club of Roanoke to erect In the mafu corridor of the Municipal Building a memorial plaque for'Williams Pearce Hnnter, form and wording of said plaque to be subject to approval of City Council. 2. That the new viaduct now nearing completion in the heart of Roanoke be named in honor of Mr. Hunter, either 'W. P. Hunter Remorlal Viaduct,' 'Hunter Memorial Viaduct,' 'Hunter Viaduct,' or some similar title. In this connection, Hr. R. Carl Andrems, a member of the Board of Directors of the Rotary Club, appeared before Council and stated that the members of the club feel that due to Mr. Hunter's long and faithful service as City Manager. as a member of Council and as Mayor of the City of Roanoke his memory should be preserved to posterity. Mrs. Pickett moved to concur in the request of the Rotary Club for permissie to erect a memorial plaque in the Municipal Building, the form, wording and location thereof to be approved by the City Manager, and that the request for the naming of the Jefferson Street Viaduct in honor of Mr. Hunter be tahen under consideration and that Mr. Young be requested to consult with the State Highway Department and the Norfolk and Western Railway Company to ascertain if they will concur in se naming the bridge. The motion was seconded by Mr. Dillard and adopted. REPORTS OF OFFICERS: · PURCHASE OF PROPERTY-STREETS AND ALLEYS: Coatcll ut its meeting of May T, 1956. having directed tie City Manager to continue his efforts to acquire necessary laud aa the southeast cornerof Jefferson Street amd Elm Avenue to provide a 30-root radius on the'said corner at or near the appraised value of $1,267.31, tie City Manager reported that be has had the property reappraised nad that the appraisers have eynluated it at $1,287.31. that the caner, Mr. J. C. Mrlght of Eapidan, Virginia, has also had the property appraised at a figure of $2,518.5o, and that there appears to be no possibility of compromising at a reasonable price for the property. MFo Maldrop moved to instruct the City Attorney tm prepare an Ordinance wahiug a firm offer to Mr. J. C. Mrlgbt for the prnperty required In the amount of $1,297.31 and providing for condemnation in the event the offer is rejected. The motion was seconded by Mr. Young and adopted. DUSES: The City Manager submitted a report, advising that the contract agreement with the Roanoke Railway and Electric Company and the Safety Motor Transit Corporation. granting them a franchise for operating bus traesportatfou. is not aa exclusive privilege and that other imtercity bus lines are rendering intracity services at fares less than those established by Council for the operation of the two companies, the City Manager advising further that he has had the Legal Department prepare an Ordinance making It unlawful for any public carrier to take on and also discharge passengers within the City of Roanoke witbomt first obtaining a license, contract or franchise from the city to do so. and recommended its adoption. In this connection, Mr. Milllam Lo Martin, Attorney for the Roanohe Starkey Bus Line, appeared before Council and stated that his client has a Certificate of Public Convenience and Necessity from the State Corporation Commission which is not limited in its scope of operation, that its tariffs are set by the State Cor- poration Commission and have not heretofore been opposed by the city. therefore. he £eelsthat his client bas ample authority for its nperation under the certificate of the said State Corporation Commission. Mr. Mebber stated that he feels Council should have au opportunity to study the.matter and moved to table the.report of-the City Manager until the next regular meeting of Cnmncil. ~The'motion was seconded by Yr. Young and adopted. RECREATION DEPARTMENT*PARHS AND PLAYGROUNDS: Council at its meeting o[ June 4, 1956, having directed the City Manager to study the question of establishing recreational or park facilities in the Ma~hington Heights area andsubmithis recommendation thereon, the City Manager reported that the Director of Parks and Hecreation has advised him that for several years an attempt has been made to acquire sufficient land in the Manbingtou Heights section for path use, but that the efforts of both the Department of Paths and.Recreation end the City.Planning Commission'to locate:desJrablepropertyuhich the city might acquire have been unsuccessful~.that both.the Departmemt of Parks and:Recreation and the City Planning.Commission will continue to try to find an area suitable for the purpose. ;:275 '276. The report was ordered Filed. ,.SALE,OF PROPERTY-MATEh ,DEPARTMENT: The City Manager snbmitted a colmnnicotio: from the Manager of-the Mater Department, advising that the Mater Department owes Lot 10. H. R. Bolling Addition, Tax Map No. 2160715, located on the uesterly side of Draudvlem Avenneo N. M., near.the intersection of Round Top Road, on which ore located two old coocrete reservoirs that ere In n bad state of repair, that the property Is no longer required for the operation of the.Mater Department, that in order to eliminate the possibility.of the reservoirs thereon becoming n menace and n hazard it will reqnire approximately $2,500.00 for repairs to said reservoirs. the City gaoager advlsing that he concurs in the recommendation of the Mater Department that the property be sold. ,. Rt. Mebber moved to refer the matter to.the City Manager for further study end report. The motion mas seconded by Hr. Maldrop and adapted. BUDGET-MATER DEPARTMENT: The CityManager presented a communication from the Ranager of the Rater Department, requesting authority to purchase a bill printing nnd addressing machine et a cost of $12,064.00 to replace equipment presently Jn use purchased in 1946. Hr. Davies moved to defer the matter for consideration with the 1957 budget and to direct the City Auditor to study the system of billing mom in use at the Mater Department to determine if more efficient mthods might permit the billing operation on less expensive equipment and submit his report thereon. The motion mas seconded by Hr. Maldrop and adopted. RECREATION.DEPARTRENT-PARRS AND PLAYGROUNDS: The City Manager advised that subsequent to the adoption of Ordinance No. 12745 on May 20, 19S&, authorizing the leasing of approximately four acres of.land from Gale D. Cyphers, et ux, to the city For a period of three years, the owners of the property have decided that they mill Dot enter into a lease for the property for a period in excess of one year, the City Manager recommending the repea! of Ordinance No. 12745 and the granting of autto rity for entering into a lease on the property for one year. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the Following emergency Ordinance: (n12757) AN ORDINANCE repealing Ordinance No. 12745;authorizing the City Manager to lease approximately four (4) acres of land From Gale H. Cyphers, et ux, for a term of one year, commencing June 1, lgSG, for recreational purposes, at $50.00 Yor thetnrm; and providing for an emergency. (For full text of Ordinance, see Ordinance Dooh No. 21, Mrs. Pjchett moved the adoption of the Ordinance. The motion mas seconded by Mr. MaldFop and.adopted by the follomlng vote: AYES: Council membersDavies, Dillard, Pickett, Mnldrop, Rabbet, Young, and the President,.Mr. Moody ............. ~ .... 7. NAYS:. None ......................... O. STREETS AND.ALLEYS: The City Manager presented a communication from Mr. Morton Honeyman, Attorney for Henpaul Homes, Incorporated, advising that in connection With the development of its property bonnded by Lnkens Street, Mllhins Street, Madddch byline.and Thurston Avenue, N. E., it,mill.convey.to,the city I strip of land approximately ten teat fn width along its property on Sycamore Avenne, 8 portion or,Wilkina Street, a'portlau or Noble Avenue and on Likens Street ia considerntlonor tke city closing Maddock Avenue and Thurnton Avenue; that it will nlsoconrey n 60-foot right-or-way through its property between TkurstonAvenue and Sycamore Arenue rot the,retocution of Mllhlna Street to provide rot the elimination of the present offset or said street in,that block; that it mill pay one-half or the cost,or moving a watermaln from Thurston Avenue to Sycamore Avenue. the City Minnger recommending that the matter be referred to the City Planning Commission for its study and recommendation. Mr. Maldrop moved that the matter be referred to the City.Planning Commissio] for study and recommendation. The motion was seconded by Mr. Haynes and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS:~The City Manager reported that he has secured an agreement from Mr. Thomas D. Stnltz to sell the city a portion of Lot 2, Block 6. of.a revised portion or the WJlliomson Court Map, containing 912 square feet, more or less~ and from Mr. R. N. Martin to.sell the city a portion of Lot 1, Rloch 6, cf a revised portion of the ~illiamson Court Map, containing l,gSl square feet, moreor less, for the purpose of widening Avalon Avenue, N. M., east of Grandview Avenue, for the amounts of $100.00 and $150.00, respectively, which be recommended be accepted. Mrs; Pickett moved that Council concur.in the recommendation of the City Manager and that the following Ordinance. accepting the offer of Hr. Stains. be placed upon its first reading: (n1275~) AN ORDINANCE accepting the offer of Thomas B. Stultz to convey unto the City a portion of Lot.2, Block 6, of a revised portion of the Nllliamsou Court Map. ~BEREAS, Thomas B. Stultz has offered to coovey unto the City of Roanoke a part of Lot,2, Block 6, of a revised portion of the Milliamson Court Map for $100.00 net cash; and ~HEREAS. the Planning Commission has recommended the acquisition of said land andthe City Manager.has'recommended the acceptanceof theaforesaidoffer. THEREFORE, BE IT.ORDAINED by the Council of the City of Roanoke as folloms: : 1. That the offer of Thoman B. Stultz tosell.and convey unto the City a triangular shaped tract of land off of the.rear of Lot 2, Block 6,.of arevised portionof the ~llliamsoa.Court Map,:containing 912 nquare feet, mare or less, as shown in.detail on Planada. 418g-1~ dated June 13,1956, filed in the Office of the City Engineer, for $100~00 net cash, be, and aaid:offerfs hereby, accepted; 2. That the City:Attorney be, and he is hereby, directed.to make, or cause to be made~,the:requisiteexaminution of title to the aforementioned real estate and, if it he determined that Thomas B. Stultz and/or the legal owner thereo may legally convey a marketable fee:simple title thereto untothe.City of Roanoke, toprepare or,approve a deed .nfbargain'and sale; and ~ : . · '.'.'.'277 __1 .278 3. That the City Auditor, upon being supplied a certificate of title by the City Attorney, shoeing the said land to be free or liens and encumbrances and, also, upon being assured that the deed of bargain and sale, properly executed by the grantors conveying tie same to the City iu re, simple, eith covenants of General ~arranty and modern eoglfsh, and fa form approved by the City Attorney, has been delivered to the City, be, amd he is hereby, authorized and directed to issue a City voucher la the am,sst of $100.00 and deliver sech voucher to the tarries entitled to receive the came, in exchange for such deed. The motion wac seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, ~aldrop, Mebber, Yonng, iud the President, Mr. Moody ........................... NAYS: None ..................................... O. Mr. Mnldrop then moved that the following Ordinance, accepting the offer of Mr. Martin, be placed upon its first reading: (=12759) AN ORDINANCE accepting the offer of R. N. Martin to convey unto the City a portion of Lot 1, Block &, of a revised portion of the Milliamson Court Map. MNEREAS, R. N. Martin has offered to convey unto the City of Roanoke a part of Lot 1, BI.ch 6, of a revised portion of Mllliamson Court Map, for $150.00 net cash; and MHEREAS. the Planning Commission has recommended the acquisition of said land and the City Manager has recommended the acceptance of the aforesaid offer. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as f.il,ms: 1. That the offer of M. N. Martin to sell and convey unto the City an irregular shaped tract of land off of the rear of Lot 1, Block ~, of a revised portion of Mllliamson Court Map, containing 1931 square feet, more or less, as sbow~ in detail on Plan No. 4169-1, dated June 13, 1955, flied in the Office of the City Engineer, for $150.00 net cash, be, and said offer is hereby, accepted; 2. That the City Attorney be, and he is hereby, directed to mahe, or cause to be made. the reqoisite examination of title to the aforementioned real estate and, if it he determined that R. ~. Martin and/or the legal omner thereof may legally convey a math,table fee simple title thereto nnto the City of Roanoke, to prepare or approve a deed of bargain and sale; and 3. That the City Auditor, upon being supplied a certificate of title by the City Attorney, nb,ming the said laud to be free of liens and encumbrances and, also, upon being assured that the deed of bargain and sale, properly executed by the grantors conveying the came to the City in fee simple, with covenants of General Mavranty and modern english, and ia form approved by the City Attorney, has been delivered to the City, be, and be in hereby, authorized and directed to issue a City voucher in the amount of $150.00 and deliver such voucher to the )ariSes entitled to receive the same, in exchange for such deed. The motion mas seconded by Mr. Young and adopted by the f,Il,ming vote: AYES: Council members Davies, Dillard, Pickett, ~aldrop, Robber, Young, and the President, Mr. [oodI ..................... ?. ~AYS: None ........................... O. EASERENTS-STOiN DRAINS: Tie City #stager reported tint in tie development Lougmood Subdivision.located on,the.east side of Peters Creek Road the subdivider has encountered a considerable drainage problem which CaB be.simplified.by the use of a drainage enseweut~througb.the properties or HFS, LeasH. Arnold.undO, J, Prink, Jr,6 et.ax, nnd that.both or the property ameers bare offered to donate an easement for that purpose.to the~oity, mhich.be recommended be accepted, Mr. Webber moved to concur la the recommendation of the City Raonger and offered tke.follomlng emergency.Ordinance accepting the-offer of Hrs, Arnold: (n12760) AN.ORDIBANCE,accqpting the offer of (NFS,) LeasH. Arnold. to donate an easement unto the City; and:providing for an emergency.. (For rail text of Ordinance, see Ordinance Book Ho, 21, Page 367,) Mr. Nebber moved the adoption of the Ordinance.. The motion mas seconded by Dr. laldrop and adopted,by the.following vote: AYES: Council members Davies, Dillard, Pickett, Waldrop, Yebber, Young, and the President, Hr. Woody .................... NAYS: None .......................... O. Mrs. Pickett then offered the following emergency Ordinance accepting the offer of Mr. and Mrs. Prink: (a12761) AN ORDINANCE accepting the offer of O. J. Frlak, Jr., et ax, to donate an easement unto the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 21, Page Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ...................... 7. NAYS: None ................................ O. SENAHE DISPOSAL: The City Attorney reported that the Law and Chancery Court of the City of Roanoke has decided the case of R. S. Hudgins, et al, against the City of Roanoke in favor of the plaintiffs and has entered judgment in the amount of $9,000.00, with interest thereon from June 12, 1953, plus cost, against the city, the City Attorney recommending that Council authorize the payment of the said Judgment and appropriate sufficient funds therefor. Mr. #ebher moved to concur in the recommendation of the City Attorney and offered the following emergency Ordinance: (~12762) AN ORDINANCE providing for the payment of a Judgment recovered against the City by M. S. Hudgins, et al; appropriating the sum of $10,648.63 for the payment thereof; and providing for an emergency. (For full text of Ordinance, see O~dl~anceBook No. 21, Page Mr;:Webber moved the adoption of the Ordinance. The motion Has seconded by Mr. Young ondudopted by the following:vote: .. AYES: Conncil members:Davies, Dillard, Pickett~Naldrop, Nebber, Young, and the President, Mr. Noody ....... ~--~--~ ....... ~7.'.. . . NAYS: None ..... ~ ........ ~ ............. O. . . 28O REPORTS OF COMMITTEES: STREETS AND ALLETS: Council ut its meeting of March 12, 1956, haying rnfnrre to u committee coeslstlng of Mayor Robert M. ~oody, Chairman, and Messrs. Melter L, Young and Arthur S, Omens for study und recommendation the question of opening Mllkins Street, N. E., through the property of Dr. and Mrs. C, W. Hamilton, the committee submitted Its report, advising that it has studied the matter and recommending that Council concur in the recommendation of the City Planning Commission that the said street be opened if the landowners would donate u right-or- way therefor, the committee, homever, recommending that occeptauce of the right-of- way be based upon the following provisions: 1. That the street be graded in accordance with city specifications, subject to the approval of the Director of Public Moths. 2. That a minimum of six inches or compacted stone be placed as a base for the street. In this connection, the City Clerk presented a communication from Mr. C. Hunter, Attorney for Nancy E. Hamilton and C. M. Hamilton, her husband, enclosing a deed conveying two parcels of land, one for the extension of Milklns Street, N. E., through their property south of Mayne Street, and the other for cutting back the southmost corner of Milkins Street and Sycamore Avenue, N. E., said conveyance to be at no cost to the City of Roanoke. Mr. Youu9 moved to concur in the recommendation of the committee and offered the following Resolution: (n12763) A RESOLUTION expressing this Conncil's conditional intention of accepting a deed from Nancy E. Hamilton, et al, donating, unto the City of Roanoke, the real estate therein described. (For full text of Resolution, see Resolution Book No. 21, Page Mr. Young moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council ~embers Davies, Dillard, Pickett, ~aldrop, Robber, Young, and the President, Mr. Woody .................... 7. NAYS: None .......................... O. UNFINISHED BUSINESS: TAXES-SCHOOLS: Conncil, by Ordinance No. 1266B, adopted on February 27, lgSt having directed the holding of a referendum on the proposal to amend the City Charter to provide for Increasing the basic tax rate on real and personal property from $2.50 to $3.00 per $100.00 of assessed valuation, the City Cloth presented the folloming Certificate of Canvassers of the vote: 'CERTIFICATE OF CANVASSERS Me, the undersigned Canvassers of election, appointed by the Electoral Board of the City of Roanoke, pursuant to an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 2?th day of February, 1956, to take the sense of the freehold voters of the City on the question of endorsing the following Ordinance: *An Ordinance directing and providing for the holding of a referendum in the City of Roanoke, Virginia, to take the sense of the freehold voters of the City on the proposal to amend subsection (1) of Sec. 2. Powers of the Citf., of the Charter of the City of Roanoke, as amended, so as to authorize the Council of the City of Roanoke, in its discretion, aonoally to exceed the over-all tax limitations contained in said subsection by additions not to exceed fifty cents (SO{) on the $100.00 of assessed value of real and personal property in said City for public school purposes~ and providing for az emergency** do hereby certify that at oB electiou held on. the 12th day of Juae,lgS~o vote~ were east as folloms: QBRSTION: Shall.subsection (l)~or sec. 2. powers of the City** of the Charter of the City or Roanoke, ns amended, be axeaded so as to.authorize the Conical of the'City of Roaloke, Iu Its discretiou, aaaanlly to exceed the over-all tax.llmltatioas.coutained.iz said subsection by additions cot to exceed fifty Death (50~) on the $100.00 of assessed value of real tad personal property in said City for public school purposes? FOg 2364 GIYEN under our hands this 14th day of June, 1956. (Signed) N, N. Gray (Signed) B. Stanley Bailey (Signed) E. T. Wright (Signed) R. J. Pllson (Signed) N. P. Nylloa ATTEST: (Signed) J. Robert Thomas . _ City Clerkm Mr. Webber moved to file the report. The motion uss seconded by Mr. Dillard and adopted. ZONING: Council at its meeting of Ray 7, lgSb, having referred to the City Planning Commission for study and recommendation a request of NFo No N. Smith that his property on the southeast corner of Rest Avenue and Twentieth Street, $. N., be rezoned from General Residence District tn Light Industrial District, the City Planning Commission submitted its report, stating that the property in question is bounded on the north and on the west by a Light Industrial District and that in its opinion the petitioner's lots, as well as the remaining lots in the block which front on West Avenue, are more suitable for industrial development than for residential purposes, and recommending that the request of the petitioner be granted, and that in addition, the property of Blue Ridge Post No. 494, designated as Lots 1-6. Inclusive, Block 33, West End and River View Map, be rezoned from General Residence District to Light Industrial District. In this connection, the City Clerk presented a communication from Blue Ridge Post No, 4D4, Veterans of Foreign Rats, requesting that its property located on the south side of West Avenue, S. W., between Nineteenth Street and Twentieth Street, designated as Lots 1-$, inclusive, Bloch 33, West End and River View Rap, be renoned from General Residence District to Light Industrial District. Mr. Maldrop moved to set a public heaving on the question of rezoning the property as requested for 2:00 o'clock, p. m** July 16, 195~, in the Council Chamber. T~e motion was seconded by Mr. Davies and adopted. CONSIDE~ATiON OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLBTIONS: STREETS AND ALLEYS: Ordinance No. 1275~, vacating, discontinuing and closin that portion of Bazelridge Road, N. ~., extending northerly from Oakland Boulevard across Troy Avenue as shown on Map No. 11, Rilliam Fleming Court, having previously been before Council for its first reading, read and lald over, was again before the body, Mr. Davies offering the following for Its second reading and final adoption: 282 (uI2T52)iAN.ORDIHAN~E euueted pursuant to the pr,vlsi,us.of.Section 15-T66.1 et the Code or VJrgielu~(1950)~us.emeuded to dute providing for.the approval er the Council or the.City of B,as,kw, Vlrgin~e, to aa instrument.yachting, discontinuing.and closing tbut portioe~ot-Hnzelridge Roud,.N. M** extending northerly iron Ouklnnd Boulevard ncr,ss Troy Avenne ns skonu on Map No. 11, Mllliom Fleming Court. (For tull text et OrdiBauce, see Ordinance Book No. 21, Page 363.) Mr. Davies w,red the nd,piles et the Ordinance. The motion was seconded by Mr. hldrop and adopted by.theft,Il,wing vote: AYES: Council uenbers Davies. Dillard. Pickett. Waldrop. Webber. Young, and the President. Mr. Woody .................... T. NAYS: None .......................... O. SPECIAL PERMITS-STREETS AND ALLEYS: Ordinance No. 12753, granting permission to Albert R. Al,ut to maintain certain encroachments over the north line of the sidewalk on the north side of Campbell Avenge, S. W., went o! Fonrtb Street, and on the west side of Fourth Street, S. W., north of Campbell Avenue, upon certain terms and conditions, having previously been before Council for its first reading, read and laid over. was again before the body. Mr. Young offering the following for its second reading and final adoption: (~i2753) AN ORDINANCE granting permission to Albert R. Al,ut to maintain certain encroachments over the North line of the sidewalk on the North side of Campbell Avenue, S. W., West of Fourth Street, and on the West side of Fourth Street, S. W., H,rib of Campbell Avenue, upon certain terms and conditions. (For full text of Ordinance, see Ordinance.Book No. 21, Page 364.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the f. Il,wing vote: AYES: Council members Davies, Dillard, Pickett, Maldrop, Webber, Young, and the Presideut, Mr. N,,dy ............................ 7. NAYS: None .................................. O. MOTIONS AND MISCELLANEOUS BUSINESS: TAXES: Mr. Leo F. Benebry appeared before Council, stating that there will be a hearing of the Virginia Tax Study Commission at the Patrick Henry Hotel at 10:00 o'clock, a. m., June 19, 1956, at which he proposes to be present, and that he feels Council should be represented, Mr. Benebry stating that he feels that if a sales tax is adopted by the state as much local control as possible should be maintained and that schools should be kept under the local government if possible. The Mayor stated that members.of Council have given some prior consideration to the hearing to be held by th? Virginia Tax Study Commission and that they also feel the city should be represented~ whereupon, Mr. Webber moved to appoint a committee consisting of Mayor Moody, Mr. Barry B. Yarns, Mr. Randolph G. Bhittle and Mr. Arthur S. Owens to attend the hearing of the Commission, representing the city, and to urge theCommission to protect the cityts present tax base, and, also, to request that the Commission, before making aoy recommendation xbich xould be detrimental to the city's interest, give the Council of the City of Roanoke an opportunity to be heard in the matter. The motion was seconded by Mr. Davies and adopted. fNSUHAHC£: Mr. Mltlfou P. $1mopouios, District iepresentetive of the Nationwide Insurance Compnnies, appeared before Council end requested that the body give coaaideratloa to his company writing the cityts automobile fleet coverage, both property ood liability, amd, also. the city's blanket fire insurance au property, #r. Simopoulos stating that his company could guarantee aa aaBaal savlugsoa insurance premiums to the city. Mr. Simopoulos was advised to submit his proposal lu writing and in detail to the City Manager for consideration. CITY EMPLOYEES: Mr. Earl B. Lacn$, a union representative, appeared before Council, stating that he represents the municipal employees mbo previously asked Council to establish a check-off system for their anion does, mkich matter was referred to a committee for study and recommendation, and asked when the report of the committee will be made. The City Manager stated that the committee has been working on the matter amd has Just received the final portions of information it bas requested and mill submit Its report at the next regular meeting of Council. Mr. Lucos was so informed. SCHOOL BOARD: The City Clerk presented a communication from Mr. Lucian Booth, submitting his resignation as a member of the Roanoke City School Board to take effect June 30, 1956. Mr. Webber moved to accept the resignation of Mr. Hooth. with regrets, stating that Mr. Booth has been a valuable member of the School Board. Yhe motion Was seconded by Mr. Young and adopted. SCHOOL HOARD: The City Clerk presented communications from Miss Sara L. Rosenbaum, 1724 Roanoke Avenue, S. W., Miss Oakey Moody, 1614 Marriagton Road, S. M., and Mrs. Ethel G. Beard, 1414 Chapman Avenue, $. N., each requesting that Mrs. O. C. Ligon be reappointed as a member of the Roanoke City School Board, and a communication from the Tinker Parent~Teacber Association, requesting that J. P. Cruickshank be reappointed as a member of the School Board. The communications were ordered filed. LIBRARY BOARD-SCHOOL BOARD-pENSION BOARD: The Mayor announced that the next order of business would be the election of three members to the Library Board of the City of Roanoke for terms of three years each; two members to the Roanoke cat School Board for terms of three years each and one member to the School Board to fill the unexpired term of Mr. Lucian D. Booth for two yours; and one member of the Board of Trustees of the Employees* Retirement System for a term of four years. Mr. Webber nominated Mrs. C. Grattan Lindsey, Jr** Mrs. Nancy L. Hamilton amd Dr. E. D. Downing for reelection as members of the Library Board for terms of three years each beginning July 1, 1956. There being no further nominations, Mrs. C. Urattan Lindsey, Jr., Mrs. Nanc L. Hamilton and Or. E. D. Downing were reelected as members of the Library Board for terms of three years each beginning July 1,1956, by the following vote: AYES: Council members Davies, Dillard, Pickett, Maldrop, Mebber, Young, and the President, Mr. Woody ..................... 7. NAYS: None ............................... O. Mr. Young then nominated Mrl B. Cletms Broyles rot reelection ts u member of the Beard of Trustees or the Employees' Betiremelt System for u term of [our veers beginning July 1, 1956. There being no further eominntiouse Mr. D. Cletus Droyles uus reelected us u member of the Bosrd of Trustees of tie Employees' Betirement System for I term of four years beginning July 1, 1956, by the relieving yore: ' AYES: Council members Oevies~ Dillard, Pickett', Maldrop, Mebber, Young, and the President, Mr. Moody ................... RAYS: None ......................... O. Hr, Robber nominated Mr. J. P. Cruickshaok [or reelection us a member of the School Board for u term of three years beginning July 1, 1956. The #aver announced that nominees rot membership on the School Board mould be voted on separately; mhereupono Hr. Jo Po Cruickshonh was elected as a member of the School Board for a term of three years beginning July 1o I956, by the following vote: AYES: Council members Davies, Dillard, Pickett, Valdrop, Robber, Young, and the President, Hr. Moody ................... 7. NAYS: None ......................... O. Mr. Dillard nominated Mrs. Grover C. Ligon for reelection as a member of the School Board for a term of three years beginning July 1, 1956. Upon a roll call rote, Mrs. trover C. Ligon uas elected os a member of the School Board for a term of three years beginning July 1, 1956, by the following vote: AYES: Council members Dillard', Maldrop, Young, and the President, Moody ..................... NAYS: Council members Davies and Pickett ......... 2. (Mr. Robber not voting] Mr. Young nominated Mr. Jo M. Rhodes as a member of the School Board to fill the unexpired term of Mr. Lucian D. Booth, resigned, ending June 30, Upon a roll call vote, Mr. J. R. Rhodes was elected os a member of the School Board for a term of two years to expire June 30, 1958, by the following AYES: Council members Davies. Dillard, Pickett, Maldrop, Robber, Young, and the President, Mr. Moody .................... NAYS: None .......................... O. There being no further business, Council adjourned. APPROVED COUNCIL. REGULAR RRETING, Ronday. July 2, 1956. The Council of the City of Roanoke met in regular meeting in the Council Chamber In the Municipal Dulldlngo Mondsy, July 2, lgS6. nt ~:00 o'clock, p, the regalnr meeting hoar, with the President, Mr. Moody, presiding. PRESENT: Council members Davies, Dillard, Pickett, Meldrop, Webber, Young, and the President. Mr. Moody ....... A~SRNT: None ................ O. OFFICERS PRESENT: Mr. Randolph G. Mhittle, City Attorney. Mr. Darry R. Yarn2 City Auditor and Acting City Manager, and Mr. J. Robert Thomas. City Clerk. The meeting mas opened with a prayer by the Reverend Edgar D. Hoover, Minister of Education. Greene Memorial Methodist Church. MINUTES: Copy of the minutes of the regnlar meeting held on Monday, June 10 1956, having been furnished each number of Council. upon motion of Mr. Davies, seconded by Mr. Young and adopted, the reading was dispensed with and the minutes approved as recorded. IlEARING OF CITIZENS UPON PUBLIC MATTERS: STREETS AND ALLEYS:~Mro L. B. Coburn and a group of residents on Aspen Street, Orduay Drive, Kirkland Drive and Meadomviem Drive, N. W., appeared before Council and requested that their streets be paved, Mr. Coburn presenting a petition signed by forty-eight residents of the area, requesting that the streets, be paved; a letter from Mr. John L.~Mentwortb, Director of Public Morks, dated February 3, 1956, advising one of the residents that the construction of sidewalk, curb and gutter, as nell:as street paving for the area requested would be done under the 1956 budget; and a letter from the City Manager, dated May 2g, 1956, advising that no funds are available in the 1956 budget for the paving requested. In response to a query from Couucil;.Mr. Coburn advised that the curb and gutter has not been constructed on the streets in question by reason of the fact that the property owners have been unable to get seventy-five per cent of their number to put up the necessary funds uhen an assessmentwas made last year for that purpose. Mr. Webber moved~,to refer the matter.to the City Manager for study and report, said report to include nn explanationof the discrepancy between his letter audthat of the. Oirector of Public Moths. The motion was seconded by, Mr. Dillard aod adopted. PETITIONS AND COMMUNICATIONS: EASEMENTS-ROANORE GAS COMPANY: The City Clerk presented a communication from Eazlegrove~ Shackelford and, Carr, Attorneys for the Roanoke Oas Company, requesting that Councilgrant an easement for the construction and maintenance of agas.line across.its property situated on the northwesterly side of Col.onial Avenue, S, M,, at the corporate limits of the*city, the attorneys advising that the company intends to construct' ahigh pressure line to serve the Crandin Court area and that the line mill be needed at the beginning of,the next heating season. In this connection~ Mr. John,~. Young, III, appeared before Council for the petitioner,. Mr. Young stating that the request of the company h~s been gone over mlth the City Manager and the Manager nf the Water Department, both of whom have approved the request. Hr. Waldrop moved that Council concur in the requesh ned that the Following Ordfuonce be placed upon its first reading: (mi2764) AN ORDI#ANCE granting to the Roonohe Gas Company a right-or-may old easement rot n gas pipe line npproxlmotely one lboasend seven baudrod thirty- rive, end 15/I00 (1,73~.15) reef in length across the lands or the City of Roanohe, situate in the City of Roanoke, Virginia, adjoining Colonial Arenas, S, W** end the City of Roanoke Corporation Line, : DE IT ORDAINED by the Council of the City or Roanohe ~hat there he nod there hereby is granted to the Roanohe Gas Company a permanent right-or*way and easement rorty~(40) feet in mJdth to eonstvuoto~ operate, repair, replace and maintain-· gas pipe line or lines (with appliances and accessories useful and necessary in connection therewith) over, under, through and across the southwesterl 40 Feet of the City of Roanohe property, situate in the City or Roanohe, Virginia, adjoining Colonial Avenue ned the City of Roanoke Corporation Line. beginning at tb intersection or the City of Roanoke Corporation Line (tho line of Samuel Ronh) and the northwesterly side of Colonial Avenue (State Route No. 612) and running thence along the City of Roanoke Corporation Line (the line of Samuel. Ronk) in a north- westerly direction a distance of approximately one thousand three hundred five and SI/lO0 (1.305.51) feet to a corner in the City of Roanoke Corporation Line, and thence along the City of Roanohe Corporation Line (the line of Dlock No. 4 of Greenwood Forest Subdivision). in a northeasterly direction a distance of approxi- mately 429.64 feet to the oortherly line of LOt No. 10 of Greenwood Forest Subdivision projected to intersection with the aforesaid 4D-foot easement, the said easement being more particularly shown on a plat for Roanoke Cas Company dated June 14. 1956, captioned "Easement Across Property of City of Roanoke#. BE IT FURTHER ORDAINED that the proper officers of the City of Roanoke are hereby authorized to execute and deliver on behalf of the City a written easement carrying out the intent of this ordinance subject to the Roanoke Gas CompanyVs firs~ paying to the City of Roanoke for said easement the sum or $1o.oo and conditioned upon its agreeipg to pay annually unto the City the same per foot rate as if the line mere laid entirely in city streets and to hold harmless the City from any liability based upon the negligence of the Roanoke Gas Company with re~pect to said easement and the written easement shall also be subject to approval, as to other terns by the City Manager and the City Attorney. The motion'was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Darien, Dillard, Pickett. Raldrop, Rebbe~, Young, and the President, Mr. Woody .......... -7. : NAYS: None ................. O. : STREETS AND ALLEYS: The City Clerk presented a communication from Mr; L. B. Pillow, requesting that action be taken to eliminate the dusty condition on Lewis Road, S. E., which runs along the side of his property, Rt. Pillow explaining that dust from the road fills his home when windows are left open and that .if .the city is unwilling to put gravel and tar on the road at its expense it is his request that it do so at his expense. Mr. Young moved to refer the commun/cation to the City Manager for study and. recommendation, The motion was seconded by Mr. Dillard and adoBted. . GARRAGE REJfOVAL: The City Clerk presented a communication from the Wlldwoo~ Civic League. re,nesting that Council adopt n Resolution,. providing that all garbs! etc** emptied on the laud acquired by the city in the vicinity of Tinker Creek for garbage and trash disposal be promptly and properly covered, thus efrectlng s true lnnd fill operation. Hr. Webber stated that a Similar request xas received rr~m the Collins Road Civic League ut the previous meeting of Council. st which time the matter mas referred to the City Manager with instructions that prior to disposing of any garbage nad trash la the area concerned · plan of operation fur such disposal be presented to Council for Its approval, and moved that the comuunicntton from the Wildwood Civic League be referred to the City Mnnnger for consideration along with the prior communication from the Hollfns Road Clvfc League add that the Wildwood Clvic LeagUe be advised accordingly. The motion was seconded by Hr. Davies end adopted. ZONING: The City Cl~rk presented a communication from Mr. Ralph A. Glasgow, requesting that his, property located on the south side of Orange Avenue,. N. between Fifth Street and Raleigh Avenue, being Official Lot Ho. 2o2o215. be renamed from General Residence District to Business District. Mr. Dories mated to refer the communication to 'the City Planning Comnlssiun fur study and recommendation. The motion was seconded by Mr. Waldrop and adopted, ZONING: The City Clerk presented a petition from Messrs, John W. RcCoy and L. L. Rush, requesting that a tract of land containing 5.11 acres located on the north side of Brandon Avenue. S. W., near the western corporate limit~ of the city, be rezonnd from GeneralResidence District to Business District for a depth of 190 feet. In this connection, Mr. R. Roy Rash, Attorney for the petitiouers,~uppeared before Coaucil and stated that although this property is a portion of that contained in a prerieus request during the preceding year and deniedby Council. the property contained in the present request, being a portion of Official Lot No. 1610205, is limited to lqo feet In depth and the owners of the property do not:intend to construct.a:shopping center thereon, but rather business huildiugs for nnubjection- able activities. Ur; Herbert,S. Knrshan, a resident of the area, appeared before Council and stated that the residents of the area are again objecting, to therezonlngofany property on:Crandun Asenue for busiuess purposes; Mr. Kurshan stating that it appears the residents will hose to present their objections every six months unless Council denies the request rather than submit it to the City, Planning Co~mlssion. ~:The Rayor advised Br.'£urshun that under the zoning lacs the procedures are set and'th~ th~ reqoest presently beforeCouncJl must betreated asa brand new, request since more than six months hose elapsed,since the previous requestwns denied. Rr. Waldrop moved, to refer the, request'of the petitioners to the City Planning CommiSsion for study and recommendation. The motion was seconded by Mr. Dillard and adopted. · COUSICB: The City Clerh~presented · communication from'the City of Roanoke Redevelopment and' BousingAuthority, transmitting a:state~ent, of the. Authority*s recoupnent'of advance of cost of off-site improvements by the application, of pay. meats in lieu of taxes due the city. .288 Hr. #ebber moved to file the report and to trnesmit n copy thereof to the Roanoke Real Estate Board, The motl~n wes seconded by Mr. Baldrop smd adopted by the following votet AYES~ Council members Davies, Dillard, Baldrop, Webber, Young, nad the President, Hr, Moody .......... 6, BATS: His. Pickett ...... 1. REPORTS OF OFFICERS: SLlrAGE DISPOSAL: The City Banager reported that it has become necessary to rewire four 440-volt circuits serving the Secondary Settling Basin, the Sludge Grinder and the Digester Control Rouse at the Sewage Treatment Plant by reason of failure of the existing circuits, that he has had the work advertised for bids and has received bids from Davis B, Elliott Company, in the amount of Jefferson Electric Company, in the amount of $6,244.75: and Muddlman Electric Company, in the amount of $5,750.00, the City Manager recommending the acceptance of the bid Of Maddlman Electric Company, the low bidder. Bt. Maldrop moved to concur in the recommendation of the City Manager and offered the following Resolution: (u1276S) A RESOLUTION accepting the proposal of Muddiman Electric Company, Roanoke, Firgfufa. for the replacement of font 440-volt circuits serving the Secondary Settling Basin, the Sludge Grinder and the Digester Control House at the Sewage Zreatment Plant, in the amount of $5,750.001 and authorizing and di~ectl the Purchasing Agent to issue an order for said replacement in accordance with said proposal. (For full text of Resolution, see Resolution Book No. 21, Page 3?3.) Mr. Waldrop moved the adoption of the Resolution. lhem~tion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Waldrop. Webber. Young, and the President, Mr. Woody .......... NAYS: None ................. O. STREET LIGOTS: The City Manager reported that he has caused a survey to be made of the needs for lighting on Norfolk Avenue, Third Street and Salem Avenue, So E., under the new Jefferson Street Viaduct, and presented a report of the survey made by the Appalachian Electric Power Company, recommending She installation of nineteen 21000 lnmen mercury vapor lights and the removal of two 250~ lumen overhead incandescent street lights in the area. which the City Manager recommended be authorized. ~r. Young stated that this is a considerable increase in the amount of lighting in the small area involved and mored to refer. ~he matter back to the City Manager for a restudy of the needs and to submit his report thereon. The motion was seconded by Rt. Dillard and adopted. FIRE DEPARTMEITf: The CliI Manager reported the employment of Bradle~ C. Robertson in the Fire Department, effective June 16, 1956. The report was ordered fei.ed. BBDCET-STRREIS AND ALLEYS: The City Manager reported th.at property already purchased and authorized for purchase for street rights-of-way will cost $6,283.00 in excess of the $20,000.00 appropriation provided in the I956 budget for that purpose and recommended that an additional appropriation of $15o000.00 be made. ~2~89 ar, Young moved to concur.In,the recommendation or tbeC~y #unnger-~nd offered tbefollowlug emergency Ordinanpe: (ei2765) AN ORDINANCE to amend and reorduln Section #!40, 'Street Coastructfonf, of the 1956 Appropriation Ordlnnaceo. and providing for sa emergency. (For full text of 0rdlnanoe, see Ordlnn~ce Dank No. 21, Page 374..) Mr, Young moved the adoption or the Ordinance. The motion mas seconded by Wro Davies and adopted by the following vote: ~YES~ Council members Davies, Dillard, Pickett, Wnldrop, Webber, Young, and the President, Mr, Woody .......... DAYS: None .................... O. FIRE DEPARTMEt~r: The City Manager reported the appointment o~ Mr. Eugene Mesdor as Acting Assistant Fire Chief, ef~ectiv~ June 18, 1956, The report mas ordered filed. CITY DOME-RECREATION DEPARTMENT.: The City Manager reported that the City Audltor ha~ been receiving trading stamps for equipment and supplies purchased by the City of Roanoke'and has turned over .to-him about five and one*half boobs of these.stamps, the City Manager recommending that hq be authorized to nme the stamps to secure various items for the City Home, Mrs. Pickett stated that the City Rome is very well furnished, but that Mountain View has very little equipment .and supplies, most of mbich has been donated by citizens and organizations, that while appropriations for thq City Done are adequate, those for Mountain ¥iew do not meet needs, and moved that the trading stamps now held by the city and those received in the future be used to secure necessary Items of equipment for Mountain View as the Department of Parks and Recreation may reqaqst. The motion ~as seconded by Ur. Waldrop and adopted. SPECIAL PERMITS-STReETS AND ALLEYS: The City Manager reported t~at the Norf lk and Western Railway Company has requested a permit to cross Eleventh Street, N,. E., at a point neartbe intersection of said street math Gregory Avenue, a distance of approximately sixty feet, with an industrial lead trac~, which hq recommended be granted. Mr. Davies moved that Coancilconcur in the recommendation of the-City Manager andthat t~efollowing.Ordlnance be placed upon.its first reading: · (u12767) AN ORDINANCE granting a-permit to Norfqlk and ~estern Railway Company to con~trnct,.maintain and operate a spur or.industrial lead ~rach across llth Street, N..E., /or a distance of approxfmateIy &O feet; BE iT ORDAINED by the Council of the ;lty of Roanoke that a permit be, and one is hereby granted to Norfolk and Western Railway Company*to construct, maintain and operate.locomotives and cars upon a spur or industrial lead trac~ across llth Street, N.-E,, a distance of-approximately ~0 feet at a point near thq intersection of'said llth.Stree~, N. E., with the southerly side.of Gregory Avenue, N. E., ns shown on:said-Railway Companyes Plan ~-26325-B, prepared in th~ Officeofits Chief Engineer and dated,May 29, 1956, print of mhichsaid Plan is on file in the City Clerk's Office and by this reference made a part hereof;/said permit being granted, however.,upon'the.folloming conditions: 1. Thatin constructing.said track the present grade of llth Street, N. g., shall not be substantially changed or interfered with-and the tops of the rails of said track shall be made to conform to said grade; and ,?90 2. That' ~be a~'eut' area' occupied by"thu' said ~rack' shall'be pnYud mitb tke same material as that used aa the street:and ~be s~id~%ruok and the s(ree~' aYea lying fire febt' on either side of the' center line of said' t¥ick ~hellb'e maintained .in goo~ repair by'sbld Railway Coup'anY ml'thout cost'to the Cit7;md 3., That"~aid p'ermit hs'7'be'~evoked by the Council of the City' of Roanoke at any time upon 30 days notice, in mhich''eveat'said Railway Coupauy shall forth- with remove said tracks and restore that portion of the 'street occupied by said · tracks to the sane condition 'as prevailed in said ~tteet'idJacent thereto, The notion was seconded by RF. Dlllordand adap'ted' by the tollomin'g v'ote: AYES: Council members Davies, Dillard, Pickett, Maldrop. Nebbero and the President.' NAYS: None ..... ~---' ...... O. '(Hr. Young ri'at vo~ing) BUDGET-LIBRARIES: The City Manager submitted a request of the Roanoke Publi Libr'ury Bo'ard for an additional appr'opriation 'of $1.000;00 fo'r extr~ 'employees in the Library 'account of the 1955 budget.' which' he recommended b'e granted. In this connection. Rabbi Morris W. Graft. President of the Roanoke Public Library Board. ~nd Mr. Harold J. Sander.' Librarian.' appeared before Council and explained that the reason for the increase is that heretofore extra help for vacation and summer work baa been paid from unused salaries Of regulnF .employees, brought about by the turnover in personnel. Mr. Davies moved to concur in the recommendation of the City Manager and ottered the following emergency.Ordinance: (n12760) AN ORDINANCE to amend and reordaln Section mi21, "Libraries", of the 1956 Approprl'atlon Ordinance, and p'roviding fgr an emergency. (For full text of Ordinance, see Ordinance Book-No. 21, Page 374.) Mr. Davies named the adoption of ~h~' Ordinance. The' notion was ~econded by Mrs.- Pickett and adopt~d b~ the following vote: AYES: Council members Davies. Dillard. Pickett. #nldrop. MebbeF, Young, acd the President, Mr. Woody ........... NAYS: None ................. O. HEALTH DEPARTHENT: The City Manager reported the' appointment of-Mr. Arthur T. Elicit for a term of twoyears and Mr. ~llliam P. Swartz, Jr.. for'a tern of one year succeeding Mr. Jack B.' Coulter, who has declined to accept reapPointment, nad Mr. Robert J. Heyhtn, deceased; also, the reappointment of Dr. C,' D; Hagenbnch for a tern of two years, effectiV~ July 1, 1956. as' members of the Doard"of Health. The report mas ordered filed. MATES DEPARTMENT: The City Manager transmitted a commnnication from the Maeager of the Mater Department, making certain recommendations for changes in 0~dinance No. 12519. authorizing the sale of certain'timber on the Beave~ Dam and Falling Creek water reservotF sites, in accordance with -recommendations of the Virg'inia Forest Service made In its report 'o~ timb'er marked for harvesting 'dated May 21, 1956, SpecificallY, to provide'for sale of the timb'er in three tracts rather than two and the sale of the timber at public auctlon rather that by advertising for and receiving sealed bids, and, also, presented a proposed 0rdiaanc which h~ rec'onne~ded be adopted, carrying oat the'recommendations of the-Manager the Mater Department. #r, Ulldrop moved to refer the sitter to I coisitte~'coaJfstihg of Uessrs, Boy L,. Uebber, Chlirwsn, ,Herbert A~,Divies; Arthur.S, O~eis~ G; B. musica'end R. P. Hunterifor .study and ,vecosmeldution..~'Th~ m6ttOn uas:secolded by Ur. ¥oong and adopted.. ~ PURCGASB OF.PRGP~RYY~PARKS A~) PLAYGROU~DSt~The Clty'RInlger reported tblt he holds~optlons~to,parchise~Lots '1-7, IB©le$iva, Block 2,~'AlleghsnylAddition~ sad Lots,?-lO~ isclssive~ Bloch 3,,Alleghsny Addition; from C. F; Eefsuver, at a' cost of $3,000,00~ and Lots 1-6; inclusive,. Block 3, Alleghsn7 Addition; from Usry C, Thoms~ aid George J, ~bomlo, ut ~ cost'of,$3,0OO, OO,~ilid property being~located on both sides"of Stlunton Avenue, N, W.,.east or FlfthStreet, adjacent to Washington P~zh,.;the City Ransger~recosmending,th~t. Councii consider purchasing the lots in question for pir~ land, Rt. Ualdrop*novcd to refer the matter tootle City Planning Commission for study end recommendation. The motion was seconded by Mr, Webber and sdopSed, GUBGET-UATrw GEPARTR£~T: The City Banagor reported that he has been ~drlsed by the Manager of the Water Department that various residents'tn the Idlowlld- Kenwood,section heiagserved water by the Tomn of Vision have received unsatis- factory water service due to failure in t~he Town of Yintonts water mains and · recommended that the Water Department he authorized to install nppro~fB~el7 900 feet of 6-inch main In Roar Street, ~. E., sest from~Yinton Road;~and npproximstel! 1,100 feet of I2-inch,maln in Carvin Street, ~. E,; west rFom'Ylntnn ~oad to Dlbb Ssreet, et on approximate cost of $?,?OO,O0, ia.order to relieve Shls condition,for the residents ~f tho arei~ 0~ request from Mr. Young, Mr. Ruston Informed Council:shoO,the rater Department will,also have to,Install meters for the homes in,the area and that he feels it would be unfair to charge the residents the normal connection fee.. Ur. Webber mored to defer the matter ~or consideration along with the study of the 19S? budget. The motion was seconded by Mr. Waldrop,and ~dopted. TRAFFIC: The Acting City Manager submitted a-report,.stating that recent changes in tho City Charter and the general law of the:stategivethe city power to disposer of unclaimed vehicles'stored:by the police nfterbeing removedfrom the cit streets and public,places; and presented a proposed,0rdinance'~toamend Chapter 34 of the Code Of!the City of Roinokee relating tottraffic, by,adding anew section providing'for the removal fro~ highmays and other public places of'certain vehicles 3nd other objects; providing for tho storageand, disposal~thereof;~repealing Ordinance Ho. 1221S heretofore adopted on the ?th day of September, 1954, authoriz- ing police officers to remove certain vehicles from the streets, etc.; and proridln! for an emergency, which he recommended be adopted. In this connection. It' was brought to the a~tention ~f ~ouncil that the Ordinance prorldes for the $[orage of such vehicle~ at the City Garage, whereas. Council has heretofore provided for the storage of the vehicles at the SeWage Treatmeot Plant; w~erenpon, Mr. Ualdrop moved to refer the proposed Ordinance to th* City Attorney for correction on t.hls point and resubmission to Council. The motion was seconded by Mr. Dillard and adopted. R~FOBTS: The City ~anager submitted n report from the Department of Public Welfare for the month of Ray, 195~, and reported other departmental reports ca file in his office. The report was ordered filed. 9'1 IEFORTS.QF CO#MITTKES: · . CITY CODEs Counoil vt .Its meeting of* JuLy 5, 1955, ,hiving appointed n committee coRaLs,Ilg or #users., Leigk B,~ Hllnst. Jr.'e Cheiruan, ~altev L. Young, Roy L. ~ebber, Arthur S, Owens, and Jones N. [faRinon to work mlth the Clt~ Clerk IR arranging details for the publico,ion of n new CltyCode, the committee' subnitte¢ Its ~epovk, advising tho~ most of .the major &ectlons of the Code have beer rewritten end opproved by C~nec. ll nfte~ holding public hen~lugs and ,the Code m~terioi Is about ready to be delivered to,the prin~era, that ,.he committee kris £eueed bids to be taken for the work of editing and printing the new Code, ~oth by publicly advertising and mail~ing requests rev qeotttio~s to ell major known publishing houses and to all locol printers, that'it has received bids from M.. H, Anderson Company of Cincinnati, Ohio, at a price of $9,$3.~.00 for 450 copies of the Code of approximately 600 pages, plus $9.00 per page for each page in addition tn 600, and Mlchl~Clty Publications C~npnny of Charlottesville, Virginia, at a price of $5.o25.00 rev 450 copies of the Code of approximately 600 pages,'plus $6.50 per page for each page in addition to 600, the committee further submitting a proposed Ordinance, accepting the bid of The Mlchie Company and authorizing the printing of the Code, which itveco~mended be adopted. Mr. Maldrop moved to concur in the report of the committee and offered the following emergency Ordinance: (~12769) AN 0RDXNANCE pravid.in~ for a general compilation, recodification, and printing of the general ordinances Of ~he City Of Roanoke; awarding a contract for the printing of said ordinances; and providing for a~ emergency.~ (For full text of Ordinance, see 0rdinanc.e Book ~o. 210 Page 375.) Mr. Naldrop moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Dillard, Pickettt Maldrop, Webber,. Young, and the President, Mr. ~oody ....... ~---?. NAYS: None ..... ............ UNPINISHE~BUSINESS: B~DOET-TRAPFIC-SCEOOLS~ Council et its meeting of May ?, 1955, having referred to the Roanoke City School Board for study and r.ecommondatlon the question of establishing a Mothers P~trol In the vleintt~ of public schools'for the pro,Retie of school children in crossing streets going to ned from school, the School Board submitted its report, which a~vtsed as follows: The School Board is vitally interested in the safety of ~uplls. ~atever can be done to assure a reasonably safe route to and from school is the concern of every School Board member as well as the ' .entire school staff. The School Board co'curs in the findings of the survey made by Sergeant N. C. Stewart. The Superintendent has ~onferred with Major Webb, Lieutenant Harris, and Sergeant Stewart, They are cognizant of the .situation in each individual school and have made a realiStS& appraisal of the safety needs. · Although the School Board is ~ware Of the sovvice ned the protection which Mother Patrols would afford to our boy. and girls, the members of the Board realize that there is no way in which funds could be taken from the .school budget to finance this project. If money could be obtained, tlLe'School Board would ~ecommend,that the administration of this service be placed under the Traffic Division of the Roanoke City Police Department' and that'the rep6tt of Sergeant Stewart be followed. .8 Mr. Webber moved to tcble the matter for consideration along With the study of thc 1957 budget. The motion was seconded by.Mr. Young and adopted,by the follow- icg vote: AYES: Council members Dillard, Pickett, Jaldropo Webber, Youagf and the President. Mr. Woody ......... 6. · NAYS: Mr, Davies .... 1, : CONSIDERATION OF CLAIMS: NONE, INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLOTIONS: '. . STREETS AND ALLEYS: Ordinance Wa. 12?S&, approriag the vacation of a lO-foot alley lying north of and parallel to Melrose Avenue, W. W., bounded on thc east by Comer Street and on the west by a tract of land. having previously been before Coanc for its first reading, read and laid over, was again before the body, Mr. navies offering the following for its second reading and final adoption: (~127S6) AW OgOINANCE approricg~tke vacation of a lO-foot alloy in the City of Roanoke. Virginia, lying north of and parallel to Melrose Avenue, N~ W.. bounded on the east by Comer Street and dead-ending on the west against a.tract of land. (For full text of Ordinance, see Ordinance Dank No. 21, Page 370.) Mr. Davies moved the adoption of the Ordinance. The notion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett. #aldrop, Webber. Young, and the President. Mr; Woody ........ ?. WAYS: Wone .......... PURCHASE OF PROPERTY-STREETS AND ALLEYS: Ordinance. No. 12758, providing for the purchase of a portion.of Lot2, Block 6, of a revised portion of the Williamson Court Map,.from Mr.,Thomas B. Stultz, at a cost of $100.00, in connection with the future extension of Nineteenth Street, W. W., having previously been before Council for its first reading, read and laid afar, was again before the body, Mrs.:Pickett offering the following for its second reading and final adoption: (a12759) AN ORDINANCE accepting the offer of Thomas B. Stultz to.convey unto the City a portion of Lot 2, Block 6. of a revised portion of the #lllJamson Court Map. (For full text of Ordinance, see Ordinan~e Rook Wo..21~ Page 372.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr.,Dlllard~aud~adopted by the~folloeing-vote: : ': AYES: Council members Davies, Dillard, Pickett, Waldrop, Webber. Young, and the Presldent,'~Mr.~Moody ........ T. NAYS: Wone ......... ~-~--0. PURCHASE OF.PROPERTY~STREEYSAND ALLEYS: Ordinance No. 12759, providing for the purchase of a portion of Lot 1, Block:6; of a'revised:portion of. the #illiamson Coart Map,/from Mr..R.~N.~Martin, at acout of-$150.00, la connection',with.the futur extension of Nineteenth Street, W;.W., having previously.been before Council far,its first reading, read andlaid:.orer,:was:'agaiu~before~the'body,'Mr. Wnldrop offering the following for its:second,reading nnd::final adoption: (u12759) AN ORDINANCE accepting the offer of R.-N. Martin to convey unto the City.a;porttoa of Lot l~.Block:6, of azrevised.portion.of the Williamson. Court Map. (For full text of Ordinance; see Ordieance Book Wa. 21, Page Mr. Waldrop moved the adoption of the Ordinance. The notion was seconded by Mr, Davies and adopted by the following vote: AYESt Council members Davies, Dillard, Pickett, Mnldrop, Mebber,.Young, nnd the Preside·t, Mr, Noodf ......... NAYS: None ................ O. : PDRCBASR OP PROPERTY-STREETS AND ALLRYS: Couucil hnving previously directed the preporntion or nn Ordinance, providing for the acquisition of · sunll parcel of lnnd constituting the southeast corner of Jefferson Street ·nd Elm.Avenne, S. E** for street widening purposes, Mr, Davies offered the following emergency Ordinance: (UlR??O) AN ORDINANCE providing for the acquisition of · small parcel of lend conntitntlng the aontbennt corner of Jefferson Street nnd Elm Avenue, S. designating the fund from.which the purchase price thereof shall be paid; and providing for an emergency. (For foil text of Ordinance, see Ordionnce Dock No. 21, Page 376.) Mr. Dnviesmcred the adoption of the Ordinance. The motion mae seconded by Mr. Young nnd adopted by the folleming vote: AYES: Council members Davies, Dillard, Pickett. Maldrop, Mebber, Young, and the.President, Mr. Woody ........ 7. NAYS: None .............. O. AXRPORT: Council hating preriously authorized the condemnation of a tract of land containing 19.033 acres from Mrs. Mary Elva Coulter needed hy the city in connention with the proposed extension of the northeast-snnthmest runway at the Roanoke Municipal Airport, the City Attorney advised that Mrs. Coulter has offered to sell the property for · sen of $45,000.00; whereupon, Mr. Webber offered the following emergency Ordinance: (UlR??l) AN ORDINANCE accepting the offer of (Mrs.) Mary Riva Coulter to convey unto the City the 19.853 acres of land needed by the City.in connection with the proposed extension, enlargement and.improvement of the existing northeast- southmest,runway at the Municipal Airport; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Waldrop, Webber, Young,.and the President, Mr. Woody .......... 7. NAYS: None ................ O. AIRPORT: Council having previously authorized the condemnation of a tract land owned by Mr. Daniel H. Shepherd containing 3.732 acres needed by the city in connection with the proposed extension of the northeast-southwest.runway at the Roanoke Municipal Airport, the City Attorney advised that Mr. Shepherd has offered to convey the property to the c~ty at · cost of $5,14R.50; whereupon, Mr. Woldrop offered the following emergency Ordinance: (u12772) AN ORDINANCE accepting the offer of Daniel D. Shepherd to convey unto the City the 3.732 acres of land needed by the City in connection with the proposed extenst~.enlargement and improvement of the existing northeast-southuest runway at the MnnicJpal Airport; and providing for an emergency. (For full text of. Ordinance, see Ordinance Book No. 21, Page 379.) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: ATES~COu~cil~em~ersqavies,~Olllard~ ~l~kgt~ W~ldrQp, ~bber.~Ycuag,.aad EASEIfENTS-WATER DEPART#ENTc Council hqllug..prev[ously~dl~eQted,~he:prepara- tion o! an Ordinance, authorizing a deed or rq~easo.sud.,quitclalm or a certain eaaemea~ ~o S.~em~.Lion~e~gert ~t uX~ #r. O~llard mofed that the:following Ord~n~Tc~ be p~!ce~_upon ITS~firsT_res~log! (si2??3) AR ORDINASCE authorizing and dire~ting,,the:proper,Cit~ officials to execute a deed of release and quitclaim of a~cer~eln.eas~ment ~nto:$. Lewis Lloeberger. et ux, or to the present owners or property in the City of Roanok~o Virginia..~esigaRte~ .~s. LoTs_Q-A.a~d.3~h~ according.to a map prepared roe Roaaohe Glass-Company, In~TPOruTqd by ~a~es T..#~Tier, under date of,March 20, 1~26, and recoTdedli~ Deed e~ok 547, page.95, in the Clerk's O~£lce of the Hautiogs Court for the City~,ef Rqanpke. WIIEREAS. by deed dated January 27. 1937, and recorded in the Clerk*s Offlcei of the Has[legsCourtfor the City Of Roanoke, Ylrglnlat,la Dee~ Book.i!?, page 115 Roano~e,Glass. C~mpany, Incorporated, conve~ed to. Roanoke Water Rorks Company, a gig1 of may and easeaent-:fer,a 16-inch mater.main through and-across portions of Lots , 3-A and 3-H, according to the recorded map of the Roanoke Grass. Company property. of ~ecor4 in-Deed Book 547. page.95, in tbe~afoeesaid clerk*s office, the location of mhlch 16-inch wa~er main..is.shown on:the,map attached to the said deed of easement at page lid of Oe~d Beek.$4?orand NHEREAS, the City of Roanoke subsequently acquired title to said easement. and #REIIEAS. that portion of the 16~lnch~water main shown on the last mentioned map which.does not lie.paralleland adJacentto the Norfolk and Western Railway Conpaay~s~rigbt~of.way for lta.~inston-Salem Division. is nD.longer necessary or useful for~the~.parpose~ of the City and has been abandoned by the Water Department, and ;#REREAS,~tbe:.City ~agage~:an~ the Hanager~qf the City's Water Department have recommended to the Council that the aforesaid abandoned portion of said ., easement is no longer neededfgr t~e purpose~ of theCity and should be released to the present owners or-.the land through.which said.easement runs,.and WHEREAS. the abandoned portion of the m~ter main has~bee~.replaced by.other facilities, and WHEREAS, S. Lewis Lionberger an~ Frances J. Lionberger by.mesne conveyances from=Roanoke_Glns~:Conpany.,~Incorporated,.have.acquired tttl~ t~ Lots 3-A and shown on-the, aforesaid.map.aod.have requested Council to authorize the release and quitclaim of the unused portion of the easement aforesaid. ~THEREFORE~ BE IT ORDAINED by the,Council.of the City.of Roanoke that the proper Ctty,of(iol~ls~be,.aad,,t~ey~hereby are,..autborized,and directed for.and.on behalf-of=the. City~ef~Roanoke~to-exece~e.a:.proper.~eed approved by the City. Att~rne: whereby the:said City,.will..releaseo relinquish and.forever quitclaim, unto S.-Lewis Lionberger-,audrFrances J. Llonberger, all right, title and interest which the City may have or:claim, to have by~v~ueof the,~asem~ut cg~veyed toRoanokeWaterWork~ Company by the dead,above reclted,.aed-subsequently~,acq~lred bythe City of. Roanoke, in and to that portion of the 16-inch water main shown on the map of record in Deed Book $47, page 15§, in the ClerkVs Office of the Hustings Court for the City o Roanoke, Virginia, which is not parallel and adjacent to the eastern right of way i295 -.296 the linston-Sslem D~visioa or the Norfclh.ond.lestern Dsilwnl CompoaI~ The motion was seconded bl Mrs, Plchett and adopted bl the following-vote= AYES= Council members Davies, Dillard, Plchetto #nldrop, #ebber, Young, and the ~resfdeat. #r.'loodl ........... ?. NAYSt None ................. BUSES= Couo¢ll nt ltl meeting-of June 18~ 1956, having tabled for coosldcrn- tiaa at itl next regular meeting nn Ordinance recommended bl.the City Manager to prevent public carriers from taking on end also discharging passengers within the CitI of Roanoke without first obtaining a license, the walter mss again before the body. In this connection, Hr. William L~ Martin, AttorneI for the Ronnoke-Stsrkef Bus Line, again appeared before Council and.objected.to the passage of the Ordinance but stated that his client will make an application for a permit to operate in the city the sane as other lines as soon ns he returns from a proposed vacation trip Jn a rem weeks. · Mr. Young stated that be could see no reason for delaying the passage of Ordinance since until ft Is passed applications for permission to operate thereunde] cannot be taken by the City Manager and moved that the following Ordinance be place~ upon its first reading: (n12774) AN ORDINANCE making it unlawful for any public carrier to take on and also discharge passengers within the City of Roanoke without first obtaining a license, contract or franchise from the City to do so. BE IT OEDAINED by the Council of the City of Roanoke as follows: It shall be unlawful for any public carrier to permit uny passenger to enter its conveyance within tho City of Roanoke and also to discharge such passenger before having first traversed the-corporate limits of the City, without previously obtaining a license, contract or franchise from the ~Ity to do ~o. public carrier found guilty of violating this ordinance shall be fined not less than ten dollars nor more than one hundred dollars for each offense. BE IT FURTHE~ ORDAINED that this Ordinance shall be in full force and effect on and after October 15, 1956. · The motion was seconded by Mr. Davies and adopted by the followihg vote: AYES: Council members Davies. Dillard. Pickett, Waldrop, Nebber, Ybung. and the President, Mr. #cody ......... ?. NAYS: None ............... O. MOTIONS AND MISCELLANEOUS BUSINESS: SENERS: Mr. G. L. Beasley appeared before Counci~ and stated that he owns a residence at l~OD Archbold Avenue, ~. E., which bas been condemned by the city because of its failure to neet the requirements of the Uousing and Hygiene Ordinanct that subsequent to the condemnation of the building he has made repairs thereto, but cannot gain approval of the building.by reason of the lack of-inside toilet fucilit! Hr. Beaslel stating that.to provide such facilities.would require the construction of a septic tank on the property at considerable cost and that he feels be should not be required to construct the septic tank since in excess of sixty per cent of homes in the area are without inside toilet facilities and to require him to provide such facilities under the circumstances would be a discrimination. Hr. Webber moved to refer the matter to the City Hnanger for study nad repot to Council on the conditions complained of by Mr. Hensley. The motion mas seconded by Hr, Waldrop nnd adopted. QUALIFICATION OF HOARD HKRHFuS: The City Clerk reported the qualification of the following Hoard members: School Hoard, Hr. J. W. Rhodes, Mr. J. P. Cruichsbank and ~rs. Grover C, Ligon~ Library Board, Dr. E. D. Domnlng; end Board of Trustees of the £mployeene Retirement System, Mr. B. C. Broyles; also, Housing and Hygiene Board, Dr. Grady P. Gregory. The report Was ordered flied. LEGISLATION-SEWAGE DISPOSAL: Mayor Moody stated that House 8111 Ho. 2479 now before the Congress of the United States provides for federal aid to localities constructing sewage treatment plants, bat insofar as he can tell no provision is made for federal aid to those cities who have already constructed sewage treatment plants, Mayor Moody pointing out that the City of Roanoke falls in this category, that the plant was constracted with funds from the sale of bonds voted by the people, which bonds are mostly.outstanding, and that he feels Council should take some action to acquaint Congress with its feelings in the matter. Mr. Young moved tc instruct the City Attorney to contact the representatives in Congress from Virginia and request that House Bill No. 2479 be amended to provide for federal aid to those localities who have already constructed sewage treatment facilities in the same amount as those who construct in the future. The motion was seconded by Mr. Waldrop and ~opted. ZONING: Hr. Waldrop presented a petition from Hr. T. L. Plunkett. Jr., Attorney for L ~ F Building Company, Incorporated, requesting that a tract of land containing 4.55 acres, more or less, On the westerly side of Mhiteside Street, N. E. designated as Official Lot No. 3150102, be rezoced from General Residence District ito Business District. Mr. Woldrop moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Davies and adopted. There being no further business, Council adjourned. APPROVED - City ~/lerk President '~297 298 COUNCIL, REGULAR MEETING, 'Monday, July 16, 1956'. Th~ C~un~lI o! the City~f ~ounoke met ia regular meeting In the Council Chamber in the Municipal ~u~ldlng. Monday, July 16, 1~56, at 2:50 .*clock, p. the regular meeting hour,'wi~h ~he President, Mr. Moody. presiding. PRESENT: Council members Davies, Dillard, Pl~hett, Ma~drop, Webber, and the President, Mr, Moody ...................... 6. ~BSENT: Mr. Young .................. 1. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph G. Whittle City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend R, F. Deattie, ~astor of Our Lady of Nazareth Roman Catholic Church. MINUTES: Copy of the minutes of the regllar ~eeting held on Monday. July 2. 1956. having been ~urnished each member of Council. upon motion of Mr. Davies. seconded by Mr. Dillard and adopted, the reading was dispensed with and t~e minutes approved as recorded. HEARING OF CITIZENS UPON pUBLIC MATTERS: · SIDEMALKS-STREETS AND ALLEYS: A group of citizens residing on Forest Hill Avenue and Lyndhurst Street, N. M., ~ppeared before Council, with Mrs. Alba K. Simmons acting as spokesman, the citizens appearing with reference to their request of June 15, 195~, that immediate attention be given to resurfacing their streets and repairing sidewalks on Lyndhurst Street, N. M., from Fores~ Hill Avenue to Nilllamson Road, Mrs. Simmons stating that ~hey were advised by the Clty Manager under date of June ~8, 1956, that no funds are available In the 1956 budget for the work they have requested and pointing out that the same a~swer was given to the residents of ~rdway Drive, Kirkland Drive and ~eadowview Drive, N. but subsequently money h~s been found to pave those streets, Mrs. Simmons requesting that Council investigate the matter. . Mr. Dillard moved to direct the City Manager to make a comprehensive survey of the City and report to Council the sections where lihe conditions exist, along with an estimated cost of providing necessary pavement in said sections and his recommendation as to priority and time of accomplishing the needed work. The motion was seconded by Mr. Webber and adopted. LICENSE TAX CODE: Mr. Frank W. Rogers, Attorney for The Sperry and Hutchinsc Company, appeared before Council and requested that Section 116 of the License Tax Code be amended to reduce the tax on persons engaged in the business of furnishing or supplying to another trading stamps, checks, coupons, etc., from the present rate of $55.00, plus H3t per $100.00 of the gross receipts of such business, to the rate presently being paid by retail merchants; i. e., $55.00, plus 55t per $100.00 of the gross rece~ts of such business, Mr. Rogers stating that his client is willing to pay a reasonable tax for the privilege of doing business in the city, bat feels that the present tax is inequitable for the reason that it is not properly classified end imposes a tax on sales made outside of the city by its traveling salesmen working ·rider the Roanoke of[ice, Mr. Rogers pointing o·t that the General Assembly of Virginia at its last session imposed · state license tax o· trading stamps effective January 1, 1957, of $50.00 on the first $10,000,00 of value end 25¢ per $100. O0. oa the amount in excess thereof, Mr. John 0. Cart, Attorney row a group of independent retail grocers, appeared before C~nacil and stated that his clients feel the tax aa dealers in trading stamps sho·ld be Increased, ir changed at all,since the use of trading stasps by the larger companies is a discrimination against the smaller retailers, Hr. Cart stating that in the opinion of his clients the b·siness of The Sperry and Hutchinson Company is not that of a retailer, but of an advertising agent. Appearing with #r. Carr mas a gou~ of his clients in opposition to a red·etlon of the tax as requested by Hr, Rogers. Hr. Mebber moved to deny the request. The motion was seconded by Mr. Davies and adopted. PETITIONS AND CONMUNICATIONS: STREET LIGHTS: The City Clerk presented a communication[rom the Appalachian Electric Power Company, transmitting a report showing the installation of sixteen 6000 lumen street lights and three 2500 lumen street lights, as well an the removal of five 2500 lumen street lights and one 21000 lumen street light in the city during the month of June, 1956. The communication and report were ordered filed. CITY JAIL: The City Clerk presented a communication from the Director of the Division of Corrections, State Department of Mol[are and Institutions, transmitting a report of an inspection of the City Jail by that Division on June 26, 1q56. The communication and report were ordered filed. ZONING: The City Clerk presented a petition from Mr. T. L. Plunkett, Jr** Attorney for Milllam B. and Virginia G. Hopkins and the Elmwood Ii,using Corporation, requesting that their properties situated on Maple Avenue, S. M., betmeeo Jefferson Street and Malnut Avenue, designated as Official Lots Nos. 1023313, 1023315, 1023316 and 1023317, be rezoned from Special Residence District to Dnsiness District~ Mr. Davies moved to refer the petition to the City Planning Commission for study and recommendation. The motion was'seconded by Mr. Maldrop and adopted. STREETS AND ALLEYS: The City Clerk presented a communication from Mr. Andrew S. Coxe, Attorney for Hr. Dans C. Lund, requesting that a portion of Speedmell Avenue, N. M., approximately 175 feet in length from the south lineal Churchill Drive to n Ia-foot alley in Block 7, Dorchester Coart, be vacated, discontinued end closed, and advising that a copy of the petition has been posted by the City Sergeant, as required by lam, Rr.~Coxe also requesting that Council appoint five viewers to view the said street and report thereon as required by Section 15=766, Code of Virginia (1950) as amended. Mr. laldropmoved to refer tberequest to the City Planning Commission for study and recommendation. The motion mas seconded by Mr; Dillard and adopted, Mrs. Pickett then offered-the-following Resolution providing for the appointment of the viewers: ':'299 300 (a12Y75) A RESOLUTION providing rot the oppolatweat of riva rreaholdars, Bay abram, or whom may ant os viewers ia counactioa with the patitioa of Haas C. Luad to permanently vacate, di~coatiuae tad close a certoio mapped, but undeveloped, portion of Speedwell Avenue, H. H** approximately 175 feet ia length from the south line or Churchill Drive, N. ~., to a lo-root undeveloped alley in HI,ch 7, Dorcheste Court, City of R,aa,he, Virginia. (For full text of Resolution, see Resolution Hook Ho. 21, Page 384.) Hrs. Pickett m,red the adoption of the Resolution. The motion mas seconded by Mr. Hebber and adopted by the f,Il,ming vote: AYES: Council members ,aries, Dillard, Plchett. Webber. and the President, Mr. H,,dy ........................ 5. NAYS: None ............... O. (Mr. Maldrop not voting) (Mr. Young absent) ZOHIHO: The City Clerk presented a communication from Mr. Morton Honeynaa, requesting that Lots ?, 8 and 9, Oak Viem Heights, fronting 305 feet on Shenandoah Avenue, N. H., be fez,ned from General Residence District to Ruslnesu D~strlct or Light Industrial District. Hr. Duyies moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Dillard and adopted. TRAFFIC: The City Clerk presented a communication from residents and pr,pert owners in the 1000 block of Helton Avenue, S. H.. requesting that action be taken to eliminate the use of their street by heavy trucks and other commercial vehicles. In this connection, Mrs. Pickett stated that she has received a like request from the residents of Crandin Road, S. M., between Hlndsor Avenue and Memorial Avenue, and moved that both requests be referred to the City Manager for administrative action. The motion was seconded by Hr. Davies and adopted. CITY PROPERTY-TRAFFIC: The City Clerk presented a communication from the Roanoke Hospital Association, requesting that the city lease unto the association a portion of the Hater Department land located on the east side of Jefferson Street, south of Belleview Avenue, under certain terms and conditions. In this connection. Mr. H. A. Dickinson, Attorney for the petitioner, appeared before Council and stated that the hospital is badly in need or parking Facilities for residents visiting patients in the hospital and that the property in question would be used by the hospital primarily for that purpose. Mr. Nebber moved to refer the matter to the City Planning Commission for study and recommendation and to the City Manager for his study with reference to paving, lighting, cross-overs, liability and all other phases, to include the ipossibilityof covered shelter for awaiting buses, and to erecting a citizens report his recommendation with reference thereto and submit a proposed lease which he m,aid recommend. The motion mas seconded by Mr. Davies and adopted. REPORTS OF OFFICERS: STATE HICHMAYS-STREETS AND ALLEYS: The City Manager reported that he has caused appraisals to be made of various properties on the north side of Salem Avenue, S. H., between Jefferson Street and First Street, needed for the widening of said street, and recommended that he be authorized to make bona fide offers for a 13-foot strip of land across the properties of H. V. Kirk Estate, Goodwill Industries and Gospel Mission and the Hhiting 011 Corporation. #v. Maldrop moved to concur in the recommendation or the City Manager and offered the ~ollowiag emergency Ordinance: (al2??&) AN ORDIHANCE authorizing and directing the acquisition of certain lands on the north side'of Salem Avenue betmeea Jefferson Street and 1St Street, s. M., rot street uidening purposes; appropriating $?0,000.00 for the purchase thereof; and providing for aa emergency. (For full text of Ordinance, see Ordinance Dooh Ho. 21, Page 305.) Mr. Maldrop moved the adoption of the Ordinance. The motion mas seconded by ar. Dillard and adopted by the folloming vote: AYES: Council members Oavies, Dillard, Pickett, Moldrop, Mehber, and the President, Mr. Moody ..................... NAYS: Hone-~ ..................... OD (Hr. Young absent) TELEVISION-PARKS AND PLAYGROUNDS: The City Manager submitted a request of the Chesapeake and Potomac Telephone Company that the city recognize and continue a lease betmeen the said company and the Times-World Corporation, leasing unto the Chesapeake and Potomac Telephone Company thirty-six square feet of floor space in the television transmitter hal]ding atop Mill Mountain at an annual rental of $300.00 per year, after the building has been released to the city by the Times-World Corporation. Mr. Webber moved to refer the reqoest to the City Attorney for study and report. The motion was seconded by Mr. Dillard and adopted. BUDGET-BRIDGES: The City Manager reported that he bas received the final bill from the Department of Uighways of the Commonwealth of Virginia for the city*s share in the cost of the construction of a bridge over Tinker Creek to Vintun mhich will necessitate the appropriation of $g45.0~ for the payment thereof. Mrs. Pickett offered the following emergency Ordinance appropriating the 945.06: (s12777) AH ORDINAHCE to amend and reordain Section ~144, "Bridge Construetio f the 1956 Appropriation Ordinance, and providing for an emergency. . (For full text of Ordinance, see Ordinance Book No. 21, Page 397.) Hrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Davlesaad adopted by the following vote: AYES~ Council members Davies, Dillard, Pickett, Maldrop, #abhor, and the President, Hr. Moody ..................... 6. HAYS: None ....................... O. (Mr. Young absent) PURCBASE OF PROPERTY-OARBAGE ~EMOVAL: Tho City Manager reported that the City Attorney*s office has advised that under condemnation proceedings authorized by Ordinance No. 12714, adopted on the 23rd day of April, 1956, the Court has awarded $3,250.00 for a 3.42 acre tract of land sought to be acquired from R. T. Smtcegood on Tinker Creek in the northeast ~ection.of.the.city and that it will require an appropriation of $1,750.00 to pay the award~ which he.recommended be made. Mr~ Maldrop moved toconcur in the recommendation'of the.City Manager and offered the following emergencyOrdinance: /302 (u12776) AN ORDINANCE appropriating $1o750,00 for the purpose of acquiring certain lands nad the payment of certain Court costs In connection thereulth for. rernse disposal; and providing for an emergency. (For rail text or Ordinnnce, see Ordinance Book No, 21, Page 387.) Hr. Wuldrop moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett end adopted by the following vote: AYES: Council members Davies. Dillard. Pickett, Wnldrop. Yebbero and the President. Hr. Woody ................... 6. NAYS: None ..................... O. (Nr. Yonng abse~) BUDGET-DEPARTMENT OF PUBLIC WELFARE: The City Manager presented the budget of the Department of Public Welfare for the fiscal year ending June 30, 1957. as approved by the State Department of #elfare and Institutions, which he advised will reduce the appropriations for relief by $5.240.00 and personal services by $1.016.50 for the remainder of 1956, the City Nanager. however, recommending that the amount of $1.016.50 for personal services be left la the 1g$6 budget since it represents the normal amount of funds left unexpended by reason of turnover in personnel la the department, and, also, recommending that an appropriation of $300.00 for a transcriber and $21o.oo for a typewriter be authorized out of local fnnds for the department, all of which will effect a net savings of $3,713.50 in the 1956 budget appropriation for the department. Mr. Webber moved to concur in the recommendation of the City Manager .and offered the following emergency Ordinance: (nI27Tg) AN ORDINANCE to amend and reordain Section #52, *Public Assistance* of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinonce Book No. 21, Page Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Waldrop, Webber, and the President, Mr. Moody .................... NAYS: None ....... ? .............. O. (Mr. Young absent) ZONING-CITY PROPERTY: The City Manager presented a request of the Gulf Oil Corporation that the city lease unto the corporation a parcel of land owned by the city on the northwest corner of Tenth Street and Orange Avenue, N. W., at an annual rental of $300.00, the City Manager recommending that the said property be leased to the Gulf Corporation at an annual rental of $500.00, with the proviso that no permanent structures be placed on the property; that any tanks, structures or implementations placed thereon be removed if the city decides to recapture t~e property; that the property be resound for business; and that the Gulf Oil Corporati secure final good title to adjoining properties. In this connection, Mr. B. C. Fracher, a resident of the neighborhood, appeared before Council and urged that the body give serious consideration to the leasing of the property. Mrs. Pickett moved to refer the matter to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Dillard and adopted. ~SEM~MS:~Cootcil 'at its Beating of July 2, 1956o having referred to the City Maaager'for study tad report a complaint of Mr. 6. L. Deasley that he is being dtscrlmluoted:agslnst by the city<Condemning bis'property.ut~140O Archbold Avenue, M. E;o for lach.or*lnteraaltollet:rocllities, while le excess or sixty per cent of the homes, in the area do,oat have.such racilitieso the City Maoager.reported that he'bas'investigated the matter and Informed Mr. Deasley that action has been taken under the*Dousing aid Hygiene:Ordinance upon a complaint received from residents in the neighborhood and that he can offer no encouragement for exception to the law as it has been enacted by Council. Mr. Dillard moved to concur in the report of the City Manager. The motion mas seconded by Mr. Davies and adopted. BUDGET-LIDRARIES: The City Manager Submitted a request or:the Roanoke Publl( Library Doard that an appropriation of $350.00 be made to provide for the expenses of the Library Doard in Interviewing applicants for the position of Director of Libraries. Mr. Debber.moved to refer the request to the City Manager for further study and recommendation. The motion was seconded by Mr. Maldrop and adopted. ~TBAFFIC-CI¥1L DEFENSE: The City Manager reported that.the Coordinator of Civil Defense has advised that the Air.Force Filter Center in Roanoke mas closed effective July'l, 1956, and that the parking area set aside on DullittAveaue. S. E** for volunteers working In the'filter center is no longer needed, the City Manager, therefore, recommending that Resolution No. l1287,setting aside the said parking area, be rescinded. . #r. Maldrop moved to concur In the recommendation of the City Manager and offered the following Resolution: (Zl2?DO) A R£$OLUTIO~ to repeal a Resolution adopted by the Council of the City of Roanoke, Virginia, on the 13th da7 of November, 1951, No. 11257, entitled. WA Resolution authorizing and directing the City.Manager,.acting under authority of Section ?g of Chapter 34, #Traffic~o of the.Code Of the City of Boanoke, to allow volunteer workers in the Civil Defense Filter Center and no other persons, to lawfully park automobiles on,the north side of BulllttAVeaue between Jefferson and First Streets, S. E., for the period of Line and under the.conditions herein (For fall text;of Mesolution~ see Resolution Book No. 21, Page38~.) Mr. Maldrop moved the adoption of the Resolution..The motion was.seconded by Mr. Davies and adopted by,the follouing:vote: '~ AYES:Council members Davies,.Dillard, Pickett, Maldrop. Mebber, and the President, Mr. ~oody ...................... '!NAYS: None ........................ O. (Mt. Young absent) POLICE DEPARTMENT: The City Manager reported the resignation of Basil Kelly in .the.Police Department, effective July.15~ 1956. : The report.was ordered filed ..... ~REPORTSOF COMMITTEES: . : . · ..... '.- MATER DEPARTMENT: Council at its:meeting of July 2,.1956~ having referred a committee composed of Messrs. Roy:L..Mebber0.Chairmau, Herbert A* Davies, Arthur S. Owens, G. B. Ruston and R. P. Bunter for study and recommendation a report of the City Manager, making certain recommendations with reference to the sale of ;304 timber co the Beaver Dam uudFalliag Creek water reservoir lauds, tka committee submitted its report, unanimously recommending that the timber ou the matersheds be sold at publin unction, and four members of the committee, Mr. Mebber dissenting, endorsing the sale of Parcel ! (120 acres orr the matershed) ut this time so that the city mill bare uR opportunity to correct any possible contractual errors mhich might arise and thereby provide further protection to the uatershed, the sale of Parcels 2 and 3 to be considered mhen the msrhlag of these tracts bus been completed. In this consectloo, Mr. Mebher stated that it in bis opinion that uo sale should be made until the entire ares has been marked by the Vlrginis Forest Service under its contract with the City of Roanoke. Mr. Oillard moved to table the matter until thn next regular meeting of Council. The motion mas seconded by Hr. Davies and adopted. UNFINISHED BUSINESS: ZONING: Council at its meeting of June 18, 1956, hsving set a public hear on the request of Mr. Il. Mo Smith and Blue Ridge Post No. 484, Veterans of Foreign Nuts, that their properties located on the south aide of Nest Avenue, S. between Nineteenth Street and Twentieth Street, be rezoned from General Residence District to Light Industrial District, the City Clerk advised that the petitioners failed to have prepared the proper notice of the said hearing and that Mr. R. T. Edwards, Attorney for the petitioners, has requested that a nam hearing date be set. Mr. Webber moved to set a new date for hearing of the matter at 2:00 o'clock p. m.. August 13, 1956, in the Council Chamber. The motion mas seconded by #aldrop and adopted. ZONING: Council at its meeting of June 4. 1956, having referred to the City Planning Commission for study and recommendation a request from Mr. Albert C. Roberts that Lots I and R, Dlock 7, Belmont Land Company, be rezoned from General Residence District to Business District. the City Planning Commission submitted its report, advising that .the request has been amended to include the south part of Lot 3, Gloch 7, Belmont Land Company, and that upon consideration of the proposed use of the land it is the opinion of the Commission that the reznalng of the said property will permit development of it mhtch sill be in the interests of the immediate neighborhood, the Commission recommending that the request of the petitioner be granted. Mr. Maldrop moved to hold a public hearing on the request at 2:00 o'clock, p. m., August 13, 1956, in the Council Chamber. The motion was seconded by Mrs. Pickett and adopted. ZONING: Council at its meeting of April 30, 1q56, having referred to the City Planning Commission for study and recommendation the request of Julius and Morton J. Harris that Lot 5, Block 4, Corbieshaw Map, located at the intersection of Brambleton Avenue and Ashby Street, S. W., be rezoned from General Residence District tn Business District, the City Planning Commission submitted its report, advising that in its opinion the proposed use of-the property will not change the general character of the neighborhood.or be contraryto the public interests and will.provide services convenient ~o the residents in the Graedlu Court section, the Commluulee,Focommeodleg that the~reque~t of the petitioners be granted. MFS. Pickett moved to.hold a public hearing.on tke. reqlest at 2:00 o!clock, p. m** August 13, 1956, In the Council Chamber. The motion mas seconded by Mr. Davies end adopted. . ZONING: Council at its seeting of July 2, 1956, having referred to the City Planuieg~gmmissign for study and recommendation n petition from Mr. T. PlunkerS, Jr., A~torney ret L & F Building Company, Incorporated, requesting that u tract of land containing 4.55 acres, more or less, located oe the westerly side of Mhiteside Street, N. E., Official Lot So. 3150102, be rezoeed from Generul Residence District to Ousiness District, the City Planning Commission submitted its report, stating that in its opinion the location of the laud in question is such Shut. it is suitable.for business uses and that the retorting of it will provide a barrier between a Residential District and a ~eavy Industrial District, the Commission recommending that the request of the petitioner be granted. .Mr. Davies moved to hold a public hearing on the request at 2:00 o'clock, p. m., August 13, 1956, In the Council Chamber. The motion wes seconded by Dillard and adopted. ZOninG: Council ar Its meeting of July 2, 1956, havteg referred to the City Planning Commission for study and recommendation a request of Ur. Ralph A. Glasgow that his property located on the south side of Orange Avenue, S. #** between Raleigh Aven~e and Fifth Street. designated as Officlal Lot No. 2020215. be rezoned from General Residence District to Business District, the City Planning Commission submitted its report, stutingthat in its opinion the rezoeing of the lot will result in #spot~ zoning, contrary to the best interests of all concerned. the Commission recommending that the request of the petitioner be denied. Rr. Maldrop moved to hold a public hen?lng on the request at 2:00 o'clock, p. m., August 27, 1955, in the Council Chamber. The motion Was seconded by Rrm. Pickett and adopted. STREETS AmD ALLEYS: Council at its meeting of April 1~, 1955, having referre to the City Plaening Commission for study and recommendation a request of the Hodges Lumber Corporation that Sixth Street, N. W., between Shenandoah Avenue and the ~orfolh and Wqstern Railway right-of-way, be vacated, discontinued and closed, the City Planning Commisslonsubmitted its report, advising that the street in question is undeveloped, h~s never been used as a public right-of-may and has no utilltleslocated therein, and that in the opinionof the Commission the abandon- ment of said street mill not.be..contrary to private or public ~nterests, the Commission recommending that the request of the petitioner be grantqd. Mr. Dillard moved to holda.public hearing outhe request at.2:00 o'clock, p. m., August.27, 1956, in the Council Chamber. The motion was seconded by Ur. Maldrop and adopted. PURCHASE.OF PROPERTY-PARKSAND PLAYGROUNDS: Council at Its meeting of July 2, 1955, having referred to the City Planning Commission for study and recommendatioh a communication from the City Manager, advising that he has options to,purchase Lots l-Th iaclusive,.Slocb 2, Aileghany Addition~ and Lots 1-10, inclusive, Dlock ":3(~5 3, Allegheny'Addition, located on Stauntoa Avenue, N. Mo, east of Fifth Street, which he urged Council to consider acquiring as aa addition to Washington Park, the City Planning Commission submitted tta report, advising that in its opinion the lots, which are adjacent to Washington Park, moeld be n desirable addition thereto and recommending that Council acquire the properties in question for ultimate park purposes. Mr. Webber moved to concur iu the recommendation of the City Planning Commission and to direct the City Attorney to prepare the necessary Ordinance authorizing the purchase of.the properties in question. The motion was seconded by Mr. Davies and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: EASEMENTS-ROANOKE GAS COMPANY: Ordinance No. t2764, granting to the Roanoke Dss Company a right-of-way and easement for a gas pipe line approximately 1,735.15- feet in length across city property adjoining Colonial Avenue, S. M., at the corporate limits, having previously been before Council for its first reading, read and laid opera was again before the body, Mr. Davies offering the following for its second reading amd final adoption: (z12764) AN ORDINANCE granting to the Roanoke Gas Company a right-of-way.. and easement for a gas pipe line approximately one thousand seven hundred thirty- five and 15/100 (l,?35.15)feet in length across the lands of the City of Roanoke. situate in the City of Roanoke, Virginia, adjoining Colonial Avenue, S. W., and the City of Roanoke Corporation Line. (For full text of Ordinance, see Ordinance Book No. 21, Page Mr. Davies moved the adoption of the Ordinance.- The motion was seconded by Mr. ~aldrop and adopted by the following rote: AYES: Council members Davies, Dillard, Pickett, Waldrop, Mebbero and the President, Mr. NoDdy ................... NAYS: None ..................... O. (Mr. Young absent) SPECIAL PERMITS: Ordinance No. 12767, granting apermit to the Norfolk and #estern Railway Company to construct, maintain and operate a spur or industrial lead track across Eleventh Street, N. E., for a distance of approximately sixty feet, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Waldrop offering the following for its second reading and final adoption: (=12767) AN ORDINANCE granting a permit to Norfolk and ~estern Railway Company to construct, maintain and operate a spur or industrial lead track across Eleventh Street, N. E., for a distance of approximately sixty feet. (For full text of Ordinance, see Ordinance Book No. 21, Page 382.) Mr. Maldrop moved-the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Waldrop, Webber, and the President, Mro Woody ............... 6. NAYS: None ................. O. (Mr. Young absent) EASEMENTS-~ATER DEPARTMENT: Ordinance No. 12773, authorizing a deed of release and quitclaim of a certain easement unto S. Lewis Lionberger, et mx, having previously been before Council for its first reading, read and laid over, was again before the body, Hr, Dillard offering the following for its second reading end final adoptiou~ (aI2773) AN ORDINANCE authorizing and directing the-proper City officials to execute a deed of release and quitclaim of u certain easement onto S. Lewis Lionberger, et mx. or to the present owners of p~operty in the City of Roanoke, Virginia, designated as Lots 3-A and 3-D, according to a map prepared for Roanoke Glass Company. Incorporated, by James F. MeTier. under date of March 20. 1926. and recorded in Deed Book 547, page 95, in the Clerkes orrtce er the Itustings Court rot the City of Roanoke. (For full text of Ordinance. see Ordinance Book No. 21. Page 382.) Mr. Dillard moved the adoption of the Ordinance. The m6tion was seconded by Mr. Maldrop and adopted~by the folloming vote: AYES: Council members Davies. Dillard. Pickett, Maldrop, Nebber, and the President. Mr. Moody ................. NAYS: None ................... O. (Mr. Young absent) RUSES: Ordinance No. 12774, making it unlawful for any public carrier to take on and also discharge passengers within the City of Roanoke without first obtaining ia license, contract or franchise from the city to do so. having previously been before Council for its first reading, read and laid over. mas again before the body. In this connection, Mr. Leonard G. Muse, Attorney for the Safety Motor Transit Corporation and the RD&make Railmay and Electric Company; appeared before Council and stated that his clients are in favor of the adoption of the proposed Ordinance and object to a license, contract or franchise being granted to any additional carriers in the city since they hare sustained operating losses of considerable amounts during recent years. Mr. Waldrop offered the following Ordinance for its second reading and final adoption: (~12774) AN ORDINANCE making it unlawful for any public carrier to take on and also discharge passengers within the City of Roanoke without first obtaining a license, contract or franchise-from the City to do so. .- (For full text of Ordhance. see Ordinance Book No. 21.:Page 394.) Mr. Maldrop moved.the adoption of the Ordinance. The motion was,seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Dillard. Pickett. Waldrop. Webber. and the President, Mr. Moody ................. 6. NAYS: None ................... Oo (Mr. Voung absent) TRAFFIC: Council at its meeting of July 2. 1955. having directed the revislo~ of a proposed Ordinance. amending Chapter 34 of the Code of the City of Roanoke, relating to traffic. Mrs. Pickett offered the following emergency Ordinance: (712761) AN ORDINANCE amending Chapter34 of the Code of the City of Roanoke, relating to traffic, by adding a new section providing for the removal from highways and other public places of certain vehicles and other objects; providing for the storage and disposal thereof; repealing Ordinance No. 12215 heretofore ~:.307 -308 adopted on the ?th do! of Septembpv, 1954, uuthoriaiugpolice offlcersto remove certain vehicles from the streets, etc** and providing for aa euergeaoy. (For full text,or OrdJaance..see,Ordlnnace 8cch No. 21, Page 389.) HFs. Pickett moved the adoptioo of the Ordinance. The motion ~os seconded by gr., Nebber end adopted by the following vote: . AYES: Council members DouSes, Dillard, Pickett, Msldvop, Mebber, and the President, Mr. Noody .............. ~-6., '. flAYS: Noae---~ .............. O. (Mr. Young absent) MEMORIALS-GRADE CROSSINGS: Hr. Young having previously requested that a Resolution, requesting the State fllghmay Commission to anne the hem Jefferson Street Grade Crossing £11mination Dredge in honor or the late Milliams Fcorce lluuter, be prepared, Hr. Nebber offered the following: (n12?O2) A R£SOLUYION requesting the State Higheoy Commission to name the new Jefferson Street Grade Crossing Elimination Bridge In honor of the late Million Pearcel~ntev; agreeing to pay the cost and expense in connection therewith, including the cost of erecting appropriate plaques; and appointing a committee to design and cause such plaques to be affixed. (For full text of Re~olution, see Resolution Dock No. 21, Page 391.) Hr. Mebber moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Dillard, Pichett, Naldrop, Nebber, and the President, Mr. Moody ................... NAYS: None ..................... O. (Rt. Young absent) MOTIONS AND MISCELLANEOUS BUSINESS: LIBRARY BOARD-HOUSING AUYHORITY: The City Clerk reported the qualification of Mrs. Nancy Luhcns Hamilton as a member of the Board of Directors of the Roanohe Public Library for a term of three years beginning July 1, 1956, and of Mr. Francis R. Vehr as a Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill the nnexpired term of Mr. Malcolm Lee Morrell, resigned, ending August 31,~1959. The report nas ordered filed. CIVIL DEFENSE:Mayor Moody stated that he attended a portion of a meeting in Roanoke called by Mr. Joseph 11. Nyse, Coordinator of Civil Defense of the Commonmealth of Virginia, where a survival plan study mas presented to local Civil Defense authorities, and asked that the Coordinator of Civil Defense for the city brief Council in the matter. Mr. Thomas advised that, at therequeat of Mr. Nyse, Roanoke Ctty*s Civil Defense staff is presently studying the proposal of Mr. Nyse, and that he mill, upon.completion of.these studies, submit, through the City Manager, to Council his recomnendationmith reference to the proposed survival plan study. Yhere being no further business, Council adjourned. APPROVKD Pre sidenC.~--- - COUNCIL, REGULAR MEETING, Monday, July 30, 1956, The Council of the City of Roanoke met'in regular meeting tn the ~ouacil Chsmb'er in the Municipal gullding, Noadey, July 30, 1956, ~t 2:00 o'clock, p. the regula~ meeting bout, with ~he president, Mr. Moody, presiding. PRESENT: Council members Davies. Dillard, Pickett. Maldrop, Mebber, Young, the President, Mr, Moody ............ OFFICIOS PRESENT: Mr. Arthur S, Owens, City Manager, Mr, Randolph* G, Mhittle City Atterney, Mr, Harry R, Yates, ~ity Auditor, and Mr, J, Robert Thomas, City Clark, The meeting was opened with a prayer by the Reverend J. L. Coppoch, Pastor of Nest End Presbyterian ~hurch, MINUTES: Copy of the mlno'tes Of the regular meeting held on Ronday, July 16, 1956, having been furnished each member of Council, upon mo'tio'u of Mr. Maldrop, seconded by Mr. Davies and adopted, the reading was dispensed with and the minute's approved as recorded. BEARING OF CITIZENS UPON PUBLIC RATTERS: BUILDING CODE: A public hearing having been set for 2:00 o'clock, p. m., July 30, 1956, in the Council Chamber in the Municipal Building, on the revised Huilding Code, as recommended by the City Manager for adoption, and notice of the hearing having been published in The Roanoke World'News on July 19, 1956, the hearing was held, at which no one appeared. Mr. ~aldrop moved that 'the City Clerk' be dire'cted to include the proposed revision of the Building Code in the new City Code now being prepared. The motion was seconded by Mr, Davies and adopted, PETITIONS APeD COMMUNICATIONS: REFUNDS AND REBATES-LICENSES: The City Clerk presented a communic'ation from Miss Sadie Cecilia Nackley. advising that as owner of Nackley*s Confectionery. located at 39 Market Square. 'she had purchased a license for that business for the year 1956 but subsequently had sold the business to Mr. Joseph L. Rillehan in January of this year, that Mr. Milleban had transferred to this business a license which he had purchased' for the same type of business at another location, and that consequently her license is not now needed, Miss Nackley requesting that Council authorize a refund of $368.28, the amount of tax paid on said license. Mr. Rubber stated that similar requests hare been turned down from time to time by Council and moved that the request of Miss Nackley 'be denied. T~e motion was seconded by Mr. Young and adopted. POLICE DEPARTMEr~: The City Clerk :presented a communication from the State Department of Welfare and Institutions, transmitting a report of an inspection of the ~olice lockup of the City of Roanoke made by its Division of Corrections on June 26, 1~56, the report' stating that no privacy for women exists insofar as sound is concerned in the lockup, Mrs. Pickett moved that the Clt~ Manager. be directed to study the questio~ of providing adequate privacy for women in the lockup and submit his report mith an estimate of the cost thereof. The motion w~s seconded by Mr. Dillard and adopted, :,309 ZONING: The City Clerk presented a communication fre~ Mr. Paxton C. Judge, et al. requesting that their properties located on Sycamore Avenue, M, E.. nest of Wllliamson Road, be rezoned from General Residence District to Business District, Mr, Davies moved to refer the request to the City Planning Commission for study nnd recommendation, The motion mas seconded by Mrs. Pichett mod odopted, · RECREATION DEPARTMENT-PARKS AND PLAYGROUNDS: The City Clerk presented u mmonicution fr~m the Garden City ~lvic League, requesting that Council consider purchasing the property or Gale B. Cyphers, et ux, mom being rented and used by the city as n pla7 area. Mr, Webber moved to refer the request ~o the City Manager and the City Plannin~ Commission ~or study and recommendation. The motion mas seconded by Mrs. Pickett and adopted. BUBGET-SCBOOLS: The City Clerk presented a communication from the Roanoke City School Board,' r~questing ag appropriation of $121,226.13 to provide for the purchase of tug school sites, as follows: (1) a 14.~72 acre tract on the north side of Rockland Arenue, N. W., betueeo Oahlaod Boulevard and Court Street, and (2) a S0.464 acre tract of land located in Roanoke County north of Bershberger Road and being a portion of a farm owned by Dr. and Mrs. Ralph T. Stemart, the City Clerk als, presenting a letter from the City Planning Commission, stating that it has studied the sites which the School Board recommends be acquired and approves the selections made by the School Board, further stating that In its opinion the fifty acre tr3ct north of the city could be used for both school and recreational purposes, the City Planning Commission recommending that Council acquire the land as recommended by the School Board, In this connection. Mr. John N. ~hornton. Jr.. Vice Chairman of the Roanoke City School Board. appeared before Council and stated that the tracts of ~and recommended are the only suitable available sites in the area in a reasonable price range end that the School Board feels that t~eir acquisition is ~ssential. Mr. Young stated that he bas been unable to look over the property and moved table the matter until the next regular neet'lng of Council in order to permit members of Council to look at the property in question. Yhe notion was seconded by Mr. Webber and adopted. BUDCET-COMMONMEALTB ~T'FORNEY: The City Clerk presented a communication from the Commonwealth Attorney, requesting an appropriation of $00.00 for the purpose of paying travel expenses for himself and his assistant to the Local Government Officials* Conference at the University of Virginia on August 27-2g, 1955, and advising that the State of Virginia will reimburse one-half of the expense not to exceed SdO.O0 per person. Mr. Waldrop moved to concur in the request of the Commonwealth Attorney and offered the following emergency Ordinance: (ml2?B3) AN ORDINANCE to amend and reordain Section m26, #Commonwe~lth*s Attorney", of the i956 Appropriation Ordinance, aod providing for an emergency, (For full text of Ordinance, see Ordinance Book No. 21, page 392.) Mr. Maldrop moved the adoption of the Ordinance. Zhe motion was seconded b: Mr. Davies and adopted by the following vote: AYES: Council members D~vies, Dillard, Pickett, Waldrop, Webber,' Young, and the President, Rr. Woody ............ NAYS: None .................... O. BUDGET-CITY TREASURER: The City Clerk presented a communication from the City Treasurer, requesting un appropriation of $120.00 for the purpose of paying travel expenses for himself end two employees in his office to the Local Government Officials* Conference at the University of Virginia un August ~7-2g, 1956, and advising that the State of Virginia will reimburse one-third of the expense not to exceed $40.00 per person. · Mr. Davies moved to concur in tberequest o~ the City Treasurer and offered the following emergency Ordinance:. (u127S4) AN ORDINANCE to amend and reordain Section nO, .*Treasurerw. of the lC56 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, page 392.) Mr. Davies moved the adoption Of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES~ Council members Davies, Dillard, Pickett, #aldrop, Mebber, Young, and the President, Mr. Moody ......... ?. NAYS: None ............... O. TRAFFIC: Tho City Clerk presented .a petition from property owners, residents et al, in the area surrounding the intersection of First Street and Center Avenue. N. M., requesting the installation of adequate traffic control signals at that intersection. Mr. George P. Lawrence. attorney for the petitioners, appeared before Connci and stated that the traffic load at the intersection is one of the heaviest in the city and that parking being permitted in the vicinity of the intersection reduces thearailable~traffic lane to a width barely sufficient for ts. lanes of traffic, which creates a dangerous condition in such a congested area. The Reverend Frederick G. Sampson also appeared before Council. ~tating that conditions are such as to be he is pastor of a church in the area and that traffic dangerous to people attending church functions. Mr. Mebber moved to refer the petition to the City Manager for consideration! The motion was seconded by Mr. Young and adopted. FIRE DEPARYMENT:.Zhe City Clerk presented a petition from citizens o£ the Garden City and Riverdale areas, protesting the erection of a building to house a volunteer fire company in the Garden City area and advising that if a fire station is to be built it should be a regular station for regular full=time firemen and at a location which will serve both communities. Mr; Maldrop moved to file the petition. The motion was seconded by Mr. Dillard and adopted. SIGNS: The City Clerkpreaented a communication from the City Planning Commission, advising that application has been made by the Times-Morld Corporation for a.permit for the erection of a marquee above the Campbell Avenue entrance to the new building on Campbell Avenue, S. M., west of Second Street, as required by Section 9 of the Sign Ordinance of the City. and that in its opinion the.marquee proposed will serve a useful purpose, the Planning Commission, therefore, recommend. ,lng that Council authorize a permit for the constructionof the marquee in accordance with the drawings submitted. . MF~ Mebber'moved that Council concur in the recommendation of the City Planning:Commission and~that the CityAttorney be directed to pvepsre.a Resolution authorizing the permit requested. ,The motion was seconded by Mr. Davies and adopted~ :3~.2 SEWAGE DISPOSAL: The City Clerh presented n Resolution from the Board of Supervisors of Roanoke County, teqnestlag that the existing ooatrnct between the city nnd the county dated September 20, 19S4o dealing with the treatment of domestic and commercial wastes, be amended to include tun areas lying to the mest of Bolllns Road and Immediately north of the city corporate limits. Mrs. Pickett moved that the request be referred to.a committee cansistlug of Rt. Roy L. Webber, Chairman, Mr, Walter L. Young, Mr. Arthur S. Owens an~ Mr. Randolph Go Whittle for study and recommendation.. The motion mas seconded by raldrop aaa adopted. SEWAGE DISPOSAL: The City Clerk presented a Resolution from the Council of the Town of Salem. and a~esolution from the Board of Supervisors of Roanoke County, requesting that the existing .contract between the Town of Salem end the City of Roanoke dated October 16. 1953. dealing with the treatment of domestic and commereJa wastes, be emended by adding thereto an area located on U. S. Route No. 460 east of the Town of Salem. Mr. Davies moved that the request be referred to a committee consisting of Messrs. Roy L. Webber, Chairman. Walter L. Young. Arthur S. Owens and Randolph Mhittle for study and recommendation. The motion was seconded by Mr. Dillard and adopted, SEWAGE DISPOSAL: The City Clerk presented a Resolution from the Council of the Town of Salem and a Resolution from the Board of Supervisors of Roanoke County, requesting that the existing contract between the Town of Salem and the City of Roanoke dated October 16. 1953. dealing with the treatment of domestic and commercl~ wastes, be amended by adding thereto an area along both sides of g. S. Route No. 460 west of Salem. Mr. Richard T. Edwards appeared before Council. stating that he represents the Ortho-Vent Shoe Company which Is erecting a plant in the area covered by this request and that his clients will appreciate any effor~ Council might make to expedite action on this request. Mr. Waldrop moved that the.request be referred to a committee consisting of Messrs. Roy L. Webber, Chairman. Walter L. Young. Arthur S.:Owens and Randolph Whittle for study and recommendation. The ~otlon was seconded by Mr. Young and adopted. REPORTS OF OFFICERS: INSURANCE: The City Manager reported that he has studied the city's insuran~ program and has received communications from one insurance company indicating that savings in the city's insurance premium might be effected by changing the city's policy heretofore established of allocating the city's insurance policies to the local agents on an equitable basis, the City Manager stating that in his opinion if a change In existing methods is made insurance should be procured on a publ'lc competition basis. Mr. Webber moved that the City Manager be directed, as a matter ~ policy, to procure all the city's insurance after public advertisement and competition as pro- vided for in the City Charter. The motion was seconded by Mrs. Pickett and adopted. BUDGET-LIBRARIES: Council at its meeting of Jul! 16. 1956. having referred back to the City Manager for further study and recommendation a request qf the Roanoke Pobllc Library Board for an appropriation of $350.00 to cover the cost of interviewing applicants for the position of Directgr of Libraries. the City Manager submitted a further report again recommending that the appropriation be made. Mr, Young moved that 'Council concur in the recommendation of tie City Manager tad offered the following emergency Ordinance:' (a12765) AN ORDINANCE to amend and re~rdain Section c121, *Libraries", of the 1956 Appropriation Ordinance, old providing for an emergency, (For full text of Ordinance, see Ordinance Boob No. 21, page 393,) Mr. Young moved the adoption of the Ordinance, The motion was seconded by Mr. Waldrop end adopted by the following vote:' AYES: Council members Devies,.Blllard, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ........... NAYS: None .................. O. GARBAGE REMOVAL: Council at its meetings of June lO and July 2, 1956, having directed the City Manager to furnish a plan Of operation for the disposal' of garbage and other ~efuse On the 'land recently acquired by the city in the Il. Ilium Road area prior to beginning disposal ~perations thereon, the City Manager sabmitt~d · report transmitting such a plan and showing estimated cost of approximately $47,000.~0 for necessary eqoipment, etc** to carry out the said plan. Mr. Young mored that the report be accepted and filed and 'that the City Manager request such equipment and supplies as' in his Judgment is needed in the lgS7 budget. The motion was seconded by Mr. Webber and adopted. REFUNOS AND REBATES-LICENSES: The City Manager reported that Coleman Construc tion Company of Lynchborg, Virginia. has been inadvertently overcharged $11.00 throulh an error in the office of the Commissioner of Revenue in securing a 1q56 contractor' license and recommended that Council authorize o refund of the overcharge. Mr. Davies moved that Council concur in the recommendation of t~e City Manager and offered thc following Resolution: (u12706) A RESOLUTION directing a penalty refund to Coleman Construction Company. (For full text of Resolution. see ResolUtion Book No. 21. page 393.) M~. Davies moved the adoption of the Resolution. The motion was seconded by Mr. young and adopted ~y thc following vote: AYES: Council members DavieS. Oillard, Pickett, Waldrop, Webber. Young, and the President, Mr. Woody ........... NAYS: None ................... O. STREET LIGHTS: Tho City Manager reported %hat fourteen 21000 l~men undergroun mercury vapor street lights are included in the construction project of the Jeffe£so~ Street leg of the new Viaduct eleven of which lights hare already been installed by the Appalachian Electric Power Company, the City Manager recommending that a Resolution authorizing the installation of the fourteen lights be adopted. Mr. Waldrop moved to concur in the recommendation of the City Manager and offered the following Resolution: (u12707) A RESOLUTION authorizing the installation of fourteen 2[000 lumen underground mercury vapor street lights in the vicinity of the Jefferson Street Grade Crossing Elimination Viaduct. (For full text of Resolution. see Resolution Book No. 21, page 394.) Mr. Maldrop moved the adoption of the Resolution. The motio~ was seconded by Mr, Dillard and ad~pt~d by the ~ollouing vote: .:..3.1.4 AYESt Council members Davies, Dillard, Piehett, ~eldropo Mebber, Young, and the President, Nv, ~oody ........... -T. NAYS: None .................. 0.' BUDGET-BUILDINGS: The City Nannger submitted n report recommending that $600.00 be appropriated to the account of the Building fid Plumbing Inspector to corer the ~ost of demolition of buildings condemned by the Building Inspector under the provisions of the Rulldln~ Code. Hr. ~ebber moved to concur il the recommendation of the City Manager an~ offered the following emergency Ordinance. (~12700) AN ORDINANCE to amend and re~rdain Section u63, ~Building and Plumbing Inspection", of the 1956 AppropriatiOn Ordinance, and providing for an emergency. (For full text of Ordinance. see Ordinance Book No. 21. Page 394.) Hr. #ebber moved the adoption of the Ordinance, The motion mas seconded by Mr. Young and adopted by the folloming vote: AYES: Council members Davies, Dillard, Pickett. Maldrop, Nebber, Young, an~ the President, Mr, Moody .... ~- ...... T. NAYS: None ................. O. MATER DEPARTMENT: The City Manager reported that Contract "A# covering structures for the ~ilter Plant AdditiOn at Carvins Cove has been completed by J. Turner and Company. Incorporated. and has been inspected and approved by the Manager' of the Mater Department and by Alvord. Durdick and Dowsoo. the city*s Consulting Engineers, the City Manager recommending that Council accept the struntul for the c'ity. Mr. Maldrop moved to concur in the recommendation of the City Moa'agar and offered the following Resolution: (Ul2?Bg) A RESOLUTION accepting the ~ork done under Contract *A# for the Carvin*s Cove Filter Plant Addition. (For loll text ~f Resolution. see Resolution Book No. 21. page 395.) Mr. Maldrop moved t~e adoption of the Resolution. The motion was' seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Dillard. Pickett, Maldrop, Mebber, Young. and the President. Mr. Moody ......... NAYS: None ............... O. MATER DEPARTMENT: The City Manager reported that Contract 'D# covering flit* equipment for the Filter Plant Addition at Coffins Cove has been completed by Roberts Filter Manufacturing Company, and has been inspected and approved by the Manager of the Mater Department and by Alvord. Durdick and Bowson, the city's Consulting Engioeers, the City Manager recommending that Council accept the equipment for the city. Mr. Davies moved to concur in the recommendation of the City Manager and offered the following Resolution: (Ul~?90) A RE$OLDYION accepting the work done under Eontract "B' relating to furnishing and installation of certain equipment for the Corvin*s Cove Filter Plant Addition. IFor full text of ~esolution, see Resolution Book No. 21, page Mr. Davies moved the adoption of the Resolution. The motion wns seconded by Mr. Maldvop and adopted by the folloming vote: AYES: Council members Davies, Dillard. Pickett. Wuldrop. Webber, Yousg, and the President, Mr. Woody ........... -?. RAYS: None ................. O. STREETS AND ALLEYS: Council ~at its meeting of July 2, 1956, having referred to the City Manager for study smd recommendation u request of Mr. L. D. Pillom that action be taken to eliminate the dusty condition cu Lewis Road. S. E., the City Manager reported that he has studied the situation, that Lemis Road is a dead-end street approximately five hundred .feet off Garden City Boulevard, that the usage thereof is confined only to the residents of the street and that due to the tremendous demand for street work and limited funds be can only recommend that the street in question be maintained under the oitysn existing maintenance program. Mr. Webber moved to concur in the report of the City Manager. The motion was seconded by Mr. Dillard and adopted. STREETS AND ALLEYS: Council at its meeting of July R, 1956. having referred to the City Manager a petition from residents of Aspen Street, Ordmay Drive, Klrklan Drive and Meadomvlew Drive. N. W.. requesting that their streets be paved, along with a letter from the City Manager. advising that the streets cannot be paved under the 1956 street program, and a letter from the Director of Public Marks. advising that the streets will be paved under the 1956 program, with direction that he report on the apparent discrepancy, the City Manager reported that the streets in question have already been paved by the Department of Public Works. Mr. Webber moved that the report be filed. The motion was seconded by Mr. Young andadopted. SALE OF PROPERTY-MATER DEPARYMENT: Council at its meeting of June 18. 1956. having directed the City Manager to restudy his reconnendation for the sale of a tract of land on Crandview Avenue and Round Top Road, H. N., on mhich is located,an old water reservoir, the City Manager submitted his report, advising that he has considered use of the property for temporary storage of drainage water from a portioo of Round Hill. that to accomplish this.purpose nould cost approxlmately $4,000.00 for immediate improvements, plus recurring operating costs, and that this would only be a stopgap means of controlling*e portion of*the storm water off of Round Hill. Mr. Young moved to concur in the previous recommendation of the City Manage: to dispose of the property and to direct the City Manager to proceed to.secure offers from prospective purchasers of the:property with the proviso that the successful purchaser* of theproperty' remove therefrom ell structures, leaving no hazardous conditions, within a periodof six:months miter, the purchase, such offers to be presented to Council. The motion was seconded by Dr. Dillard and adopted. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that he has received a letter from the Wildwood Civic League, requesting that action be taken to sidec a curve on Vinton Road et CarvJn Street. N. E.. mhich curve has been the site of several accidents in the past, the,City Manager recommending that he be authorized to make an offer for necessary land for-widening of.the road atthls point. Mr. Rabbet'moved that Council concur in the recommendation of the City Mannger-uod that Re be directed-to make appropriate offers for the necessary land for widening of the roadmay and submit his report thereon. The motion was seconded by Mr. Waldrop nnd adopted. · ::3.1.5 *.316 POLICE DEPARTMENT3 The City manager reported the resignation of Bureet Hyde Mcieever, Jr** from the Police Department, effective July 27. The report was ordered filed. PURCHASE OF PROPERTY-STREETS AND ALLEYS~ The City Manager reported that in purchaaing laud.foe the connection of Pocahontas Avenue, H. E** and Short Avenue. N. E.. and in connecting the two streets, a Strip of land iu excess to the require- meets of the street, remains unused, the City Manager recommending that necessary action be taken to retease said property to Er. J. G. McCoakey. aa adjoining propert omner. Mr. Webber moved to refer the matter back to the City manager for further study and report. The motion mas seconded by Hr. Davies and adopted. BUSES~ ~he City Manager reported that the Roanoke Railway and Electric Company and the Safety Motor Transit Corporation have transferre~ their operating rights for limousine service at the Roanoke Municipal Airport to a subsidiary of the Yellow Cab Company and that the rules and regulations at the municipal Airport do not provide for fees on this type of operation**thq City Manager presenting an Ordinance which be recommends be adopted. Mr. Webber moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (u12791) AN ORDINANCE amendin9 Ordioance No. 11709 heretofore adopted on the 9th day of February, 1953, establishing a schedule of rates and charges, etc., for the use and operation of Roanoke Municipal Airport, (Moodrum Field)..hy adding a new section relating to limousine service; and providing for an.emergency. (For full text of Ordinance, see Ordinance Book ~o. 21, page 396.) Mr. Mebber moved the adoption of the Ordinance. The motion mas seconded by Mr. Yuung and adopted by.the following vote: AYES: Council members Davies, Dillard. Pickett, Maldrop. Webber. Young, and the President. Mr. Woody .......... NAYS: None ................. BUDGET-JUVENILE DETENTIO~ HOME: The City Manager recommended an appr~priati( of $259.R0 for the purchase of school type desks for use at the Jovan lie Oetention Home, advising that the cost thereof will be reimbursed by the Commonwealth of Ylrglnia. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~12792) AN ORDXNA~CE to amend and reordaJe Section u31, "Juvenile Detention Home*, of the 1956 Appropriation Ordinance. and providing for an emergency. (For full text of Ordinance, see Ordinance Book ~o. 21. page Mrs. Pickett moved the adoption of the Ordinaece. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies. Dillard, Pickett, Maldrop. Webber. Young, and the President, Mr. Woody ........... -7. NAYS: None .................. O. YUBERCULOSIS SANAYORIUM: Cooecil at its meeting of Ray 14, 1956, havl~g directed the Cltl Manager to submit his recommendations concerning the future use or disposition of the Tuberculosis Sanatorium property at Coyner Springs, the City Manager reported that the. property is in excellent Condition and should be retained by a governmental agency, if possible, that he cannot recommend sale thereof., and that modern-day medical care has lengthened the longevity of aged and chronically ill in recent generations, advising that many cities and states are making plans to care for this group, the City Manager reconnendlng that Council authorize consulta- tion with several towns, cities and counties within a reasonable radius of the cji to discuss the possibility of using the property as a hospital for chronically ill and aged os a Joint facility, and stating that the Director of Public Melfare Is no in agreement with him as to Joint usage or the property, -Mr, John D, Fallwell, Director of Public Welfare, appeared before Council and stated that he feels that the property is not sufficient in size to accommodate the type of people contemplated from the city and its neighboring cities end towns and that the operation should beasaconvalescent home rather than a hospital for the use of the City of Roanoke only, Mrs. Pickett stated that possibly Roanoke is n little previous in going lute such an operation since the Governor of Virginia has appointed a committee to make study of this problem for the state, BF.. Webber moved .to refer the matter to a committee consisting of Messrs. Arthur S, Omens, Chalrnan, and John H. Fallwell to consult nith neighboring cities, towns and counties and the GoveFnores connittee for possible use of the Sanatorium as a hospital or convalescent hone for chronically ill and aged people; and submit their report thereon to Council. The notion wa~ seconded by Rrs. Pickett and adopted~ AIRPORT: The City Manager reported that Resolution No. 12323 adopted on February 7, 1955, establishing a fiveoyear program of improvements at the Roanohe Runicipol Airport. does not provide for acquisition of necessary land for a =Doolittle' clear zone required by the Federal government and that under date of July 14, 195b, the District Airport Engineer of the Civil Aeronautics AdministratioE has advised that no future Federal funds can be 9ranted for extension of the runways at the Runicipal Airport until the ~Doollttle# zone requirements are met. the City Ranager recommending that the five-year plan be amended by extending it to seven years and providing for acquisition of the southwest clear zone at an estimated cost of $66.000.00, relocation of a sewer line at $6,000.00, expansion of the ~aprons at $28,000.00. and inclusion Of $20.000.00 for land costs in excess of that contained in the original program, and, further, to provide for.future acquisition of the · northeast clear zone. Mr. Waldrop moved to concur in the recommendation of the City Manager and offered the following Resolution: (~12793) A RESOLUTION extending the proposed Runicipal Airport Development Program, as embodied in Resolution No. 12323 ~o embrnee a period of two'(2) addition years; authorizing the City Manager to execute and submit to the Civil Aeronautics 'Adnlnistrntton the requisite project applications to effectuate the addition to said Airport DevelopmentProgram, as herein contemplated; to execute and accept grant offers made by the Government pursuant to such applications; that the 1956-57 proposed project be amended to provide for the follomio9, viz: acquisition of land (transferred from Project No. 9-44-012-506) in the amount of $20,000, the acquisitiob of requisite land for the southwest clear zone in the estimated amount of the reloeation~of the terminal building semer linc'at an estimated cost of $6°000, and the expansion of the apron at an'estimated cast of'$2~,O00; and that-the necessary prograning be authorized for the subsequent acquisition of requisite clear zone land off the northeast runway. (For full text of Resolmtion, see Resolution Book No; 21, page 3gG;) Mr. Weldrop moved the adoption or the Resolution. The motion mss seconded by Mr. Davies and odopted by the following vote: AYES: Council members Dories, Dillard, Pickett, Woidrop, Webber. Young, and the President, Mr. Woody ........... -?. NAYS: None ......... ~ ........ O. BUDGET-REGISTRAR: The City Manager recommended the trims(er of $~00.00 trow the appropriation of Judges and Clerhs to Extra Employees in the Electoral Board account of the 1956 budget to provide rot unforseea uorh Jn tho office of, the Central Registrar. Mr. Waldrop moved to concur in the recommen~ation of the City Manager and offered the following emergency Ordinance: (ni2794) AN ORDINANCE to amend and reordRln Section n132, #Electoral Doard#, Of the lqS& Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance ncnb No. 21, page Mr. Waldrop norad the adoption of the.Ordinance. The motion was s~conded by Mr. Dillard and adopted by the following vote: AYES: Council members Davies, Dillard, Pichett. #aldrcp. Webber, Young. and the President, Mr. ~oody .......... -7. NAYS: None---~ ............. O. WATER DEPARTMENT: The City Manager reported that he has been requested by Messrs. Joseph W. Hazelgrove. W. T. Slusher a~d Dr. W. W. S. Butler, III, to grant a permit for diving operations in the waters of Carvins Cove, in connection with which the city will be able to secure pictures of the interior side of the dam and salvage from the waters an airplane lost therein several years ago. and advising that under the Rules and Regulations of the Water Department adopted by Council suct a permit can only be granted by its authority, the City Manager recommending that the body authorize the issuance of such a permit. Mr. Webber moved to con,ur in the recommendation of the City Man~ger and to direct the City Attorney to prepare a Nesolutiqu granting the permission requested. The motion was seconded by Mr. Waldrop and adopted. APPOINTMENTS-SMOKE CONTROL: The City Manager reported ~he appointment of Mr. John Bo Noftslnger as Director Of Air Pollution Control. effective September 1, 1956 The report was ordered filed. SALE OF PROPERTY: The City Manager reported that he has received an offer from Messrs. O. M. Gills and Robert W. Putnam of $2.150.00 for Lot 23. Block 43, West End and Niverview Map, now owned by the city. which offer has been approved by the Real Estate Committee, the City Manager recommending that the offer be accepted. Mr. Young moved that Council concur in the recommendation of the City Manage and that the City Attorney be directed to prepare the necessary Ordinance providing for the sale of the p~operty. The motion was seconded by Mr. Webber and adopted. REPORTS OF COMMITTEES: CITY EMPLOYEES: Council at its meeting of April 9, 1956. having referred to a committee consisting of Messrs. Arthur S. Owens. Chairman, Harry R. Yarns and Randolph G. Whittle for study and recommendation, a petition from a group of city employees requesting that the City Auditor be directed to deduct union dues and initiation fees, when owing, from the pay checks of said e~ployees, the committee submitte~ its report, qdvising that numerous requests of a similar nature have been turned down in the past and that the pay roll equipment in the office of the City Auditor cannot uccossodate wore than two additlonol dedoctions, stating that if a chaege or policy is to be wade those requests previously turned domn ~hoald be give: priority at this time which will preclude ~rsnt~ng the present reqeest due to llmltotloas of the present pay roll equlpwent, the comwlttee further stating that hsndliag of deductions of this nature is on expense upon the city mhich it cannot recomwend and that a survey conducted by the said comwittee Indicates that no municipality in the Commonmenlt~ o! Virginia is bsndllng union dues on a chech-off basis, the comwlttee, therefore, recommending that the request be denied. Hr~ Davies moved that Council concur in thc report of the committee and that the request be denied. The wotioa uss seconded by Hr. Webber and adopted. UNFINISHED BUSINESS: WATER DEPARTMEI~: Council at its meeting of July 16. 1956. having tab.led for consideration et its next regular wee.lng a report of its Timberlands Committee concerning the disposition of tiaber on the watersheds or the Water Department, the matter was again before th~body, Mr. Webber again stated his position as a minority member of the comnittee, i.e.; that no sale should be made of portions of the timber until the entire area has been marked and estimated by the Virginia Forest Service under the contract between it and the City of Roanoke. it being hi~ opinion that the city will be In a better bargaining position for sale of the timber if the entire area is advertised as a whole and as several areas so that bidders con offer alternate prices and compete with each other regardless of the size of the bidding firm. Mr, Webber t~en moved that the repor.t of the committee be accep.ted and that the City Attorney be directed to rewrite the Ordinance presented ia connection therewith to provide for the sale of the timber on the Beaver Dam and Fallin9 Creek Watersheds. at public auction after public advertisement, either as a whole or in three different sections, after the Virginia Forest Service has completed its markin and estimating and the timber l~ ready for sale, The motion was seconded by Mr, Davies and .adopted. At this point, Hr. Y~uog was excused from the meeting. CONSIDERATION OF CLAIRS: NONE.: INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: .. SEWERS: Council, by Resolution No. 12460, .adopted on theist ~ay of August, 1955, having authorized the construction of .a sanitary sewer to serve portions of the area of Salem Avenue. West Avenue and Westview Avenue.-S. W., west of Eighteenth Street, ~nd having established the estimated amounts of assessmen~ against the abutting landowners, saidsewer having subsequently:been completed and the final cost thereof having been determined, .Mr. WaldropoffeFed the following Resolution establishing the final amounts assessed agains~ the parcels Of land served by the said sewer: . (m12795) A RESOLUTION establishing the amounts finally assessed against the parcels of land described In Resolution No. 12460, resulting from the construction of sanitary sewers to serve portions of the area of Salem Avenue, West Avenue and Westview Avenue west of Eighteenth Street, S. W. (For full text of Resolution, see Resolution Book No, 2], page 399,) Mr, Waldrop moved the adoption of the Resolution. The motion was seconded by Rt, Dillard and adopted by the following vote: 31'9 320 AYES: Council members Davies, Dillard, Pickett, Wnldrop, Webber, and the President, Hr. Woody ............. 6. _ NAYS: None ................ O. ~(Mr. Young absent) PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Council at Its meetlng~ July 16 1956, baring directed the preparation of the necessary Ordinance for the scquisition of Lots I through 7, inclusive, Block 2, and Lets ? through 10, Inclusive, Block Allegheny Addition, located on Stnnnton Avenue. N. M** east of Fifth Street, Mrs. Pickett offered the following emergency Ordinance: (n12796) AN ORDINANCE providing for the acquisition of certain laud knomn as Lots I through ?, inclusive, Block 2, and Lots 7 through 10, inclusive. Block both according to the Map of Allegheny Addition, for public purposes; appropristing $3.250.00 to be used In connection with the purchase thereof; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, page 402.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the folloming vote: AYES: Council members Davies, Dillard. Pickett, Naldrop, Mebber. and the - President, Mr. Moody ......... NAYS: None ........... O, (Mr. Young absent) PURCHASE OF PROPERTY-PARKS AND PLAYGROUNDS: Council at its meeting of July 16, 1956, having directed the preparation of the necessary Ordinance for the acquisl tion of Lots I through 6. inclusive, Block 3. Allegheny Addition. located on Stnunto Avenue, N. M., east of Fifth Street. Mr. Naldrop offered the folloming emergency Ordinance: (~12797) A~ ORDINANCE proyiding for the acquisition of certain land known as Lots I through 6, inclusive, Block 3, according to the Map of Allegheny Addition, for public purposes; appropriating $3,000.00 to be used in connection with the acquisition thereof; and providing for an e~ergency. (For full text of Ordinance. see Ordinance Book No. 21, page 403.) Mr. Maldrop moved the adoption of the Ordinance. The motion mas seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett. Maldrop, Mebber, and the President. Mr. Moody ............ NAYS: None .............. O. (Mr. Young absent) DOTIONS AND ~ISCELLANEOUS BUSINESS: REALTH DEPARTMENT: The City Clerk reported the qualification of Hr. G. Frank Clement as a member of the Board of Housing and Hygiene for the Cityof Roanoke for a term of two years beginning February 1. 1956. The report was ordered filed. There being no further business. Council adjourned. APPROVED President COUNCIL, REGULAR HEETTNG, monday, August 13, 1956. ~e ~oo~cll of the City of Roanoke Bet la regular meeting in the Council Chamber in the municipal Building, #oaday, August 13, 1956,.at 2:00 p. m., the regular meeting hour, with the President, mr. Woody, presiding. PRESENT: Council members Davies, Dillard, Pickett, Waldrop, Webber, Young, and the President, Wt. Woody .................. 7. ,ABSENT: None .......................... O. OFFICERS ~RESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph D. ghittle City Attorney, Hr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting nas opened mith a prayer by the Reverend C. W. FinE, Pastor of the Melrose Avenue methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, July 30, i9567 having been furnished each member of Council, upon notion of #r. Davies, seconded by ~rs. Pickett and adopted,.the reading mas dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m., August 13, 1956, on the request of Mr. B. M. Smith and Blue Ridge Post 404, V. F. W., that their properties located on the south side of West Avenue, $. M,, between Nineteenth Street and Twentieth Street, be rezoned from General Residence District to Light !Industrial District, and notice of the hearing having been published in The Roanoke World-News on July 27, 1956, and ~he City Planning Commission having previously recommended that the request of the petitioners be granted, the hearing mas held at which no one appeared l.n opposition. Mr. R. T. Edwards, Attorney for the petitioners, appeared and requested that Council concur in.the recommendation of the City Planning Commission and grant the request of the petitioners. Mrs. Pickett moved that Council concur in the recommendation.of the City Planning Commission and that the.following Ordinance be placed upon its first reading: (n12798) AN ORDINANCE to amend and re-enact ArticleI, Section 1, of Chapter 51 of the Code Of the City of Roanoke, Virginia, i~ relation to Zoning. MBEREAS, application has been made.to the Council of the City of Roanoke to have eight parcels of land, lying on the south side of West,Avenue~ and between Nineteenth and Twentieth Streets, S. mo, described as Lots 1, 2, 3, 4, 5, Block 33, according to the West End and River View Map, bearing Official Numbers 1312107, 1312106, 1312105, 1312104, 1312103, 1312102, and 1312101, rewound from General Residence District to Light Industrial District;and- WHEREAS, the City PlanningCommission has recommended that the application to rezone the property be approved; and WHEREAS, .notice required by Article XI, Section 43, of Chapter 51, of the ~ode of the City of Roanoke, Virginia, relating to Zoning, has been pablished in ~';321 ?322 *The Ronleke Morld-NemsU, a sewspsper published in the City of Roanoke for tko time.required by said. Section; aid WHEREAS, the hearing, provided rev ii said notice published in the said uewspsper, wnsheld on.the 13th day of August, 1956, nt 2:00 otclnck, p. w.o before the Council of'the City of Roanoke in the Council Chamber in the Runicipel Building, nt which hearing property omeers.ssd other interested psrties lu the~reeted sren · mere given su opportunity to be heard both for nad ugutest the propoied rezoelug~ and -' WHEREAS° this Council after eousiderisg the application for renewing, the report of the City Planning Commission& ned the evidence presented, is of the opinion that the ubove property should be renewed ns requested. THEREFORE. BE IT ORDAIHED by the Council of the City of Roanoke that Article I, Section.l, of Chapter 51, of the Code of the City of Roanoke, Virginia. relating to Zoning, be amended and re-enacted in.the following particular end un other, viz: Those eight parcels of land, lying on the south side or West Aveene~ and between Nineteenth and Twentieth Streets, S. W. 6 described as Lots 1; 2, 3, 4, 5, 6, 7 and 8, Block 33, according to the West End and River View Rapt bearing Official Numbers 1312107, 1312106, 1312105, 1312104. 1312103, 1312102, and 1312101. be, and the.sase ere her~b! changed from General Residence District tO Light Industrlal.Blstriot..nnd that the Zoning Hap shall be changed in this respect. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Dlllardt Pickett. laldrop. Yebber, Toung, end the President, Hr. Woody ................. NAYS: None ....................... O. ZONING: A public hearing having been set for 2:00 otclock, p. w.. August 13 1956. on the request of Mr. Albert C¢ Roberts that his property located on the east slde of Ninth Street. S, E.. south of Stewart Avenue. be rezoned from General Residence District to Business District. andmtice of the hearing having been published fn The Roanoke World-Rems on July 27. 1956, and,the City Planning Commission having previously recommended that the request of the petitioner be granted, the hearing mas held at which no use appeared in opposition. Mr. James Po Dart, Attorney for the petitioner, appeared and requested that Council concur in the recommendation of the City Planning Commission and grant the request of the petitioner. Hr. Davies uoved that Council concur in the recomuendatfon of the City Planning Commission and that the following Ordinance be placed upon its first reading: .......... (u12799) AN ORDINANCE.to amend and reenact Article I, Section 1. of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application 'has been made to the Council of the City of Roanoke to have a parcel of land known as Lots I, 2. and the southerly portion of Lot 3, 7. Belmont Land Company, and designated as Official Lot No. 4112701. all in the City of Roanoke. rezoned from General.Residence District to Bnsiness.Bistrict, and MHER£AS, the City Plaaalng Commission has recomweaded that the above parcel or land be rezoned frow General Residence District to Business District as requested, sad RHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Vlrgiula. relating to Zoning, bas been published in Roanoke World-Newsm, a newspaper published In the City of Roanote, for the time required by said section, and RHEREAS, the hearing as provided for in said notice published in the said aewspaper was held on the 13th day of August, 19S6, at 2:00 o'clock, p. m.. before the Council of the City of Roanoke in the Council Chauber in the municipal Building. at which hearing property owners and other-interested parties in the affected area were given an opportunity to be heard both for and against the proposed rezonlng, and REEREAS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be retorted as requested. THEREFORE. HE IT ORDAINED by the Council of the City of Roanoke that Article I. Section 1. of Chapter SI of the Code of the City of Roanoke. Virginia. relating to Zoning. be amended and reenacted in the following particular and no other, viz: A parcel of land Shown as Lots 1, 2, and the southerly portion of Lot Block 7, BalBoaS Land Company. and designated as Official Lot No. 4112701, all in the City of Roanoke, be, and is hereby changed frou General Residence District to Business District and that the Zoning Rap shall be changed in this respect. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ................ ?. HAYS: None .......................... 0. ZONING: A public hearing having been set for 2:00 o'clock, p. n., August 13, 1956, on the request of messrs. Julius and Horton J. Harris that their property located at the intersection of Hrambleton Avenue and Ashby Street, S. designated as Official Lot No. 1650801, be retorted from General Residence District to Huslness District, and notice of the hearing having been published in The RoanoRe lorld-Neus on July 27, 1956, and the City Planning Commission having previously recommended that the request of the petitioners be granted, the hearing was held. Hr. John H. Jewett, 2819 Crobieshaw Road, S. N** appeared and presented a petition signed by thirty-two persons residing in the immediate riclnity of the property in question, requestIng that Council deny the request of the petitioners. Also appearing In opposition, were H£. Leonard O. Burton, mrs. W. E. Leffel, ~r. T. T. Hayo and Hrs. F. L. Wright, along with five other residents and signers of the petition. Rt. morton Honeyman, Attorney for the petitioners, appeared and requested that Council concur In the reconmendation of the City Plonning CommlssJon, ~oneyman presenting a petition signed by twenty-two residents of the general area, advising that they consent to the rezonlng requested and that they are of the opinion that the proposed use of the property will be beneficial to the neighborhood. 323 Also appearing ia'favor or the petitloa,'were #r, Morton J, Harris and Hr. Rufus C. Hurt; .... Hr. Davies moved to deny the request or the petitioners. The motion mos seconded'by ars. Pickett aid adopted. -' ZONING: A pnblfc hearing on tie request of L & F Belldlng Company, Incorporated~ that · tract of lied approximately five acres It area located on the masterly side of Whltealde Street, N, ~., designhted os Official' £ot No. 3150102, be rezoned from General Residence District to Business District. having been set roy 2:00 o'clock, p. m.o Augnst 13, 1956,. nad notice or the hearing having been published in The Ronnohe World-News on Jsly 27~ 1PS&, and the City Planning Commission having'previously recommended that the request of the petitioner be granted; the hearing was held at mhich no one appeared in ~pposltion. Hr. To Lo Plunkett, Jr** Attorney for the petitioner, appeared and requested that Council grant the reqaest of his client for reuoning. Hr. Dillard moved that Council concur in the recommendation of the City Planning Commission and that the follouing Ordinance be placed upon its first reading: (rl2OO0) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia. in relation to Zoning. · HEREAS, application has been made to the Council of the City of Roanohe to have all that parcel of real estate located in the City of Roanoke on the westerly side of Mhiteslde Street, N, E.. rezoned from General Residence District to Business District, which parcel of land is sore particnlarJy described as follows, to-wit: BEGINNING at the southeasterly corner of the tract hnomn and designated as Official Serial Number 3150102; thence mkth the sootherly side of said tract and an extension thereof in a westerly'direction approximately 335 feet to a point; thence with a new line through and across the Tract designated as Official Number 3150101 in a northerly direction approximately ?05 feet tO the southerly line of the Huntington Court Sahdf,isfoo; thence with the southerly line of the Huntington Court Subdivision in un easterly direction approximately 335 feet to the north- easterly corner of said Tract designated 3150102; thence with the easterly line thereof in a southerly direction approximately 705 feet to the place of BEGINNING. and. MHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Business District as requested; and, MHEREAS. notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published ia =The Roanoke World-News#, a newspaper published in the City of Roanoke, for the time required by said section; and, WI~REAS, the hearing as provided for in said notice published in the said newspaper nas held os the 13th day of Angnst, 19S6, at 2:00 o'cJoc~, p. n., before the Council of the City of Roanoke in the Council Chamber in the Municipal Building, et.which herring property owners and other interested putties in the affected area were given aa opportunity to be heard both for and against the proposed rezoalag; nude WHEREAS, thin Council, after considering the evidence presented, is of the opinion that the above psrcel or land should be rezoned as requested, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section l, of Chapter 51 of the Code or the City of Roanohe, VlrgJula, relating to Zoning, be auended aud reenacted il the rclloming particular aid no other, viz: Ail that parcel of real estate located on the westerly side of Whlteside Street, N. E., more particularly described as follous, toowlt: OEGINHING at the southeasterly corner of the Tract known and designated as Official Serial Number 31S0102; thence mith the southerly side of said tract and an extension thereof in a westerly direction approximately 335 feet to a point; thence with a new line through and across the Tract designated as Official Nuuber 3150101 in a northerly direction approximately ?05 feet to the southerly line of the Huntington Court Subidivisinn; thence with the southerly line of the Huntington Court Subdivision in nn easterly direction approximately 33S feet to the north- easterly corner of said Tract designated 3150102; thence with the easterly line thereof in a southerly direction approximately 705 feet to the place of BEGINNING. be, and Is hereby changed from General Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Hr. Young and adopted by the following vote: AYES: Council uembers Davies, Dillard, Pickett, #ebber, Young, and the President, Hr. Woody .............. 6. NAYS: Hone ................ O. (Hr. Waldrop not voting for personal reasons) PETITIONS AND CORMUNICATIONS: HOUSING AUYHORITY-PLANNIND: The City Clerk presented a communication from the City of Roanoke Redevelopment and Housing Authority, asking that Council adopt a Resolution requesting the House Home Finance Administrator of the Federal Govern- ment to reserve capital grant funds in an amount not to exceed $25,000,000.00 and authorizing the City of Roanoke Redevelopment and Housing Authority to make application to the said Administrator for planning funds estimated at to provide for the planning of a Redevelopment Program designed to relieve the city of a large percentage of its substandard and deteriorating living units and to revitalize the heart of the City of Roanoke, this program to involve approxi- mately 1,~00 acres in the center of the city, running generally from Fifteenth Street, N. W., and Fifteenth Street, 5. W., as a western boundary, Orange Avenue, N. M., and Orange Avenue, N. E., as a northern boundary, Hoanohe River as a southern boundary and Sixth Street, S. E** and Seventh Street, N. E., as an eastern boundary. Mr. C. Fred Mangus, Chairman, and Mr. Richard L. Deck, Executive Director, City of Roanoke Redevelopment and Housing Authority, appeared before Council and explained that if the city adopts the Resolution as requested the Housing Authority mill then proceed with planning the proposed project which it estimates '3~5 ~326 mill require approximately eighteen months, that the reseltamt plan, if approved, mill become the master piti of the city for that areal farther, that if tie plea Js approved by Council, after its completion, then the cost or thc plea mill become u part of tko overall cost of tie progrcm wed the city milt participate is the Bet deficit of the program au a one-third basis, pointing out that if the program rues the estimated cost of $35,000o000,00 end takes fifteen years to develop, the.cfty*s proportloente share mill be $12,000,000.00 spread over a fifteen ~eer period et $800,000.00 per year, the Authority further estluatiug that It mill probably take ama to two-nnd-one-half yearn before the program, if adopted, can be put into operation. Mr. J. M. Boswell, representing the Roanoke ~eul Estate Hoard, appeared before Council and stated that his Board has appointed a committee to study the proposal of the Housing Authority and requested that Council hold a public bearing In the matter before adopting a Resolution as recommended by thesald Authority. Hr. Rosmell mas advised that it is Council*s policy to hold public hearings before taking action in matters of this kind. Mr. Mebber moved to refer the communication from the City of Roanoke Redevelopment and Housing Authority to the City Manager and the City Planning Commission for their study and recommendation. The motion was seconded by Mr. Young and adopted. INSURANCE: The City Clerk presented a communication from Br. Reginald B. Wood, Chairmao*of the Insurance Advisory Committee, requesting that Council reconsider and rescind its action of July 30, 1956, mherein it established a policy providing for public advertisement and free competition before procurement of the cityts insurance requirements. Mr. Co Eo Hunter, Attorney for the Insurance Advisory Committee, appeared before Council and presented a Resolution adopted by the Roanoke Association of Insurance Agents uuder date of Auguut B, 1956, requesting that Council reconsider and rescind its action of July 30, 1956, above referred to, Mr. Hunter stating that the action of Council mas based oa Section 40 of the City Charter which be construes to apply only to purchases and contracts applicable to public improve- ments and that the present City Code, under Chapter 19, Section 3, proetding for purchases under free competition, in his opinion, applies only to tangible items. Mr. Mood appeared before Council and stated that his committee has been operating under a contract with the City of Roanoke since 1949 on the basis of service to the city only for the placing of its insurance and handling insurance claims for the city, that all insurance has been placed under the contract on a point system through agents mbo are citizens of the city, Mr. Mood pointing out that bis oma firm did not receive any premiums from the cityts insurance because ef the fact that be, personally, does not live inside the corporate limits of the city, Mr. Rood stating further that he feels that his committee, with the aid of the resident insurance agents, has furnished the city the best insurance service that it can possibly hope for, and urged that Council continue the operation of its insurance busioesa under the previous contract which be advised the City Manager bas notified the Insurance Advisory Committee of the cityts intention to RI. Fouler M. Johnston, representing the mutual insurance agents in the city, appeared nnd advised that the mutual agents in the city concur In the Resolution or the Roanoke Association of Insurance Agents presented by Hr. Hunter. Also appearing in support or the Insurance Advisor7 Committee, mere Ressrs, Lacy G. Edgerton and A. T. Kinsey. Mr. Nilliam P. SJmopoulos, Resident Agent of the Hatlonmlde #utual Insurance Company, appeared and stated that his compnny feels that the city's insurance shoel¢ be advertised and free competition given and that his company mill bid thereon. Hr. Yaldrop moved that the City Attorney be instructed to'render an opinion to Council, interpreting Section 40 of the City Charter. The motion mas lost. for mant of a second. Hr. Davies then moved to rescind the action of Council at its meeting of July 30, 1956, mherein, it established a policy of procuring the city's insurance needs niter public advertisement and free competition, and to continue procuring insurance requlrementsunder previous procedure. The motion mas seconded by Mr. Dillard and lost by the follomJng vote: AYES: Council members Davies, Dillard and Waldrop .............. 3. NAYS: Council members Pickett, Webber, Young, and the President, Woody ................ 4. Mr. Waldrop then moved to directthe City Attorney to reader an opinion, advising. Council mhether or not Section 40 of the City Charter requires public advertisement and free competition prior to amarding the city's insurance business. The notion mas seconded by Mr. Dillard and adopted. ZONING: The City Clerk presented a connunicatJon from the Mary Louise Uone of the King"s Daughters, requesting that their property situated on the northwest corner of Tenth Street and Patterson Avenue, S. #., being Lots 1, 2 and 3, Block 25, Ferdinand Rorer Map, be rezoned from Special Residence District to Business District, #r. Davies moved to refer the request to the City Planning Commission for study and recommendation. .The motion mas.seconded.by #r. Waldrop and adopted. ZONING: The City Clerk presented a communication from Mr. R. B. Whitman, requesting that his property located at:Id01 Melrose Avenue, N. R., being Lots 15 and 16, Bloch-36, Nelrose Land Company, be rezoned from Special Residence District to Business. District. Mr. Young.moved to refer.the request to the City. Planning Commission for study and recommendation. The notion mas seconded byMr. Waldrop nnd adopted. LIBRARY BOARD: The CltyClerk. presented a commnaication from Rabbi Norris W. Gruff, submitting his resignation as a member of the Roanoke Public Library Board, effective September 1, 1956, by reason of removal of his residence to Florida. . .... Ri. Young moved.to accept the resignation of Rabbi. Gruff with regret~ The motion was.seconded by Mr~ Davies~and.adopted. - ~327 :328 STREET LIGHTS: The City Clerk preseeted:n cowwueicntion from the Appnlschlns Electric Power Cowpnnf, reporting tke installation o~ twenty 6DOG lumen sty*et. lights, five 2500 lumen street ligkts and the removal or twelve 2500 lumen street lights 1. the city during tke month of July, 1956. Tke co.mnuicatiou wus ordered filed. PENSIONS: The City Clerk presented a couwuuicntlon fro. the Employees* Retirement Systew Board of Trustees, transmitting an appraisal of she securities in that system us'of June 30, 1g$6. Mr. Young waved to accept and file the comwuuicatiou and report. The wa*ion was seconded by Mr. Mebber and adopted. Z0~IRG: The City Clerk presented n communication from George M. and Lena F. Holcomb, requesting that Lots 12, 13 and 14, Block 2, Virginia Heights Map, located on the noFthwest corner of Memorial Avenue and Moasoke Avenue, S. M., be fez*ned from Special Residence District to Business District. Hr. Dillard moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Maldrop and adopted. N£PORTS OF OFFICERS: PURCIIASE OF PROpERYY-STR£ETS AND ALLEYS: Council, by Ordinance No. 12776, adopted on July lb, 1955, having authorized and directed the acquisition of certain lands on the north side of Salem Avenue, S. W., between Jefferson Street and First Street, for street widening purposes, the City Manager reported that he has been unsuccessful In negotiating with the owners of the property for the purchase thereof and recomneoded *bat condemnation proceedings be instituted. Mr. ~ebber moved to instruct the City Attorney to prepare an Ordinance providing for the condemnation of the necessary property and to direct the City Manager to continue his negotiations with the owners thereof, pending the adoption of such Ordinance. The motion was seconded by Mr. Young and adopted. BUDGET-RECREATION DEPARTMENT: The City Manager recommended the transfer of $47.64 to Renovation of Sandlot Football Equipment and $100.00 to Stationery and Office Supplies from Repairs in the Recreation account of the 1955 budget. Mr. Young moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance; (n12801) AN ORDINANCE to amend and reordain Section ~110, *Recreation Department** of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Boor No. 21, Page 404.) Mr. Young moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Maldrop and adopted by the following vote: AYES: Council members Davies, Dillard, Pl'ckett, Maldrop, ~ebber, Young, and the President, Mr. Moody ................. 7. NAYS: None ....................... O. BUDGET-DEPARTMENT OF PUBLIC lfELFARE: 7be City Manager requested an appropriation of $2,500.00 to Refnnds and Rebates in the i955 budget to provide for refund to the state of public assistance funds recovered by the city. Mr. Maldrop moved to concur in the request of the City Manager and offered the following emergency Ordinance: (m12802) AN ORDINANCE to amend and reorduin Sectiom a!54, 'Refumds amd Rebotes', or the 1956 Appropriation Ordlnuuoe, and providing for an emergency. (For fall teat of Ordinance, see Ordimouce Book No, 21, Page 405.) Mr. Wuldrop moved the adoption of the Ordinmnce, The motion mas seconded by Ur. Dillard and adopted by the f,Il,ming vote: AYES: Council members Davies, Dillard, Plcketto Maldrop, Webber, Young, and the President, Nr. Woody ........................ ?. NAYS: None .............................. O. BUDGET-SEMER5: The City Manager reported that in order to continue short line sewer connections additional funds mill be required for the purchase of materials and supplies and recommended that $12,000.00 be transIerred from Contractors to Materials and Supplies in the 5emer and Drain Construction account of the 1956 budget. Mr. Mebber moved to concur in the recommendation of the City Manager and offered the follomlng emergency Ordinance: (a12803) AN ORDINANCE to amend and reordaln Section ~141. '$emer and Drain Construction', of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 405.) Mr. Mebber moved the adoption of the Ordinance. The motion mas seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Maldrop, Mebber, Young, and the President, Mr. Woody ............. ?. NAYS: None ....................... O. APPOINTMENTS-PUBLIC LIBRARY: The City Manager reported the appointment of Mr. Claude L. Settlemlre as Director of Libraries, effective September 16, 1956. The report mas ordered filed. REPORTS: The City Manager transmitted a report of the Department of Public Welfare for the month of June, 1956, and reported other departmental reports on file in his office. The report was ordered filed. BUDGET-STREET REPAIR: The City Manager reported that additional funds are needed for the purchase of materials and supplies in the Street Repair account in order to bind rock applied to streets in nam subdivisions and that the present contract with Adams Construction Company for the application of black top in the city can be extended, to the advantage of the city since, in his opinion, the cost of that work for the next year will be greater; therefore, the City Manager recommended un appropriation in the amount of $50,000.00 for Contractors and $15,000.00 for Materials and Supplies in the Street Repair account of the 1956 budget and that amthority be granted for the amendment of the contract between the City of Roanoke and Adams Construction Company by the addition of $50,000.00 of work under the said contract for black top paving in the, city during the year 1956. ~ Mr. Webber moved to concur in the recommendation of the City Manager and to direct the City Attorney to prepare a Resolution amendingthe contract between the "329 -330 City of Roanoke and Adams Construction Company for black top paving In the City of Roanoke by the addition thereto of $50,000,00. The motion was seconded by#r, Young amd adopted. Mr. Webber then offered the following ewergency Ordinance appropriating $50,000.00 to Contractors and $15,000,O0 to Materials and Supplies in the Street Repair account of the 1956 budget: (nI20Od) AN ORDINANCE to amend and reordaiu Section aOl, 'Street Repair', of the 1956 Appropriation Ordinance, end providing for on emergency. (For full text of Ordinance, see Ordinance nook No. 2i, Page 406.) Mr. Webber moved the adoption of the Ordinnnce. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett. Maldrop, Webber, Young, and the President, Mr. Moody ............... NAYS: None ..................... O, PBRCHASE OF PROPERYY-SYREETS AND ALLEYS: Council at its meeting of July 1956, having referred to the City Manager for further consideration his recommendation that certain land omned by the city in excess to its needs at the connection between Pocahontas Avenue and Short Avenne, N. E., be released to J. G. McConhey, the City Manager reported that he has conferred with Mr. MoCenkey who has offered to purchase a parcel of land containing approximately 2,675 square feet to the south of the new connection between Pocahontas Avenue and Short Avenue at a price of $25.00. Mr. Maldrop moved to table the matter until the next regular meeting of Council for further consideration by Council and the City Manager. The mtion was seconded by Mr. Young and adopted. REPORTS OF CORMITTEES: SEMAUE DISPOSAL: Council at its meeting of July 30, 1956, having referred to a committee composed of Messrs. Roy L. Webber, Chairman, Walter L. Young. Arthur S. Owens and Randolph O. Whittle a request of the Town of Salem and the Board of Supervisors of Roanoke County that the contract dated October 16, 1953, between the City of Roanoke and the Town of Salem, dealing with the treatment of domestic and commercial wastes, be amended to include an area located on U. Route 460 adjacent to the Town of Salem baseball park, for study and recommendation the committee submitted its report, recommending that the request of the Town of Salem be granted. Mr. Maldrop moved to concur in the recommendation of the committee and offered the following Resolution: (u12805) A RESOLUTION amending the contract of October 16, 1953, between the City of Roanoke and the Tomn of Salem dealing with the treatment of domestic and commercial wastes. (For full text of Resolution, see Resolution Book No. 21, Page 406.) Mr. Maldrop moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Waldrop, Webber, Young, and the President, Mr, Moody ............ T. NAYS: None ...................... O. WAGES-CITY EMPLOYEES: Couacilo by Ordlnsmce No., 12651, adopted on tho 30th day of January, 1956, hovimg appointed · committee consisting of, Messrs. Roy L. Rebher,,Chmlrmss, Herbert A. Davies, Leigh H, Hates, Jr., John P. Crulchshanh, K. M, aushton, Arthur $. Omens and J. Robert Thomas to assist In a survey of the eityts Jobs and pay rates, the preparation or position classification and pay plan for officers and employees of the city, excluding certain personnel, and to make decisions of policy, final classification and pa7 schedules prior to the transmittal of the results of said survey to Council, the committee submitted its report, transmitting a pay plan mhich It recommended be adopted, the committee further recommending that pay increases under the plan for the year 1956 be retroactive to January 1, 1956. for all employees Who merited increases and mbo were in the city's service during that year; that In-grade increases as provided for in the plan be made applicable to present employees on the criteria for those Increases provided in the plan to bring their salaries to the level at mhich they would mom exist had the plan been in effect over the previous period of their employment; that a committee of three members of Council, to be appointed by the Mayor. be set up for the purpose of recommending to Council salaries of persons falling under the managerial-executive salaries section of the plan; that the ;!Job Classification Committee be confirmed.for a period of one year for the ipnrpose of recommending changes in the plan concerning policies, classifications and pay schedules; and that the employment of a consultant in connection math the administration of the plan for a mlnlmum period of tmelve months on a contract basis at a retainer of $300.00 per neath be authorized. A group of employees of the Sanitation Department appeared before Council, with Mr. T. H. Price acting as spokesman, and advised Council that it requested the Job Classification Committee to discuss the plan in detail with the group prior to presentation of the report to Council, that the committee did not afford the group that opportunity, but rather, asked the City Manager to consult with the group and advise the committee of its request, Mr. Price stating further that he feels the employees have the right to consult mith the committee, and since they have not been afforded that opportunity, it is their request that Council delay action on the plan in order to permit employees of the city to discuss its details with. the body. Captain 6. W. Craddock and Mr. L. G. Payne appeared in support of the statements made by Mr. Price.. Mr. Nebber, Cbairman of the committee, stated that the committee felt that it had not been directed by Council to hold publicheavings on,.the matter, but rather, to present a pay plan in accordance with accepted principles mhich would deal fairly with all employees of the city within the city*s ability to meet the cost, and that the committee has done, Mr. Yaldrop moved to hold a special meeting of Coaocil at 2:00 o'clock, p. m., Monday, August 20, 1956, in tho Council Chamber, for consideration of the plal at mhich time employees of the municipal government may present their views in connection mith the report, groups of employees to have representatives and their /33I '!3.32 vlew~ to be complete and iu mritiug and lu the hands of the City Clerk by 12:OO oOclock, BOOme Thursday, August 16, 1956, nod tho City Clerk to furnish copies of all or the employees° communications to etch member of Couuoll nod the members or the Job Classification Committee, along with au agenda for the special meeting. The motion was seconded by Mr. Dillard and adopted. UNFINISHED BUSINESS: SYNEETS AND ALLEYS: Council at its meeting of 3one IH, 1956, huvlcg referre~ to the City Plcunieg CommiSsion for study nad recommeadntlon u letter from Henpnul Bowes. lncorporuted, mnkiug certain offers with reference to thc rnlocutlon of portions of filkius Street, N. £.. sad the cloning of Naddock Avenue end Thornton Avenue, N. E.. the City Placning Commission submitted its report, stntlng them in its opinion that portion of filkius Street, N. E.. between Syosmore Avenue and Thornton Avenue, should eot be relocated, however, the Commission recommended thnt Naddock Avenue nnd Tburstou Avenue, N. E.. between Lukens Street and Nilkies Street, be permanently vacated, discontinued and closed, and that the petitioner's offer to dedicate land for the future widening of Sycamore Avenue, Lukens Street, Mllklns Street and Noble Avenue, as shown on a preliminary map presented by the petitioner, be accepted. Mr. Nebber moved to set a public hearing for 2:00 o'clock, p. m., September 4, 1956, in the Council Chamber in the Municipal Building, on the question of permanently vacating, discontinning and closing Maddock Avenue and Thornton Avenue, N. E., between Lukens Street and Nllkins Street. The motion was seconded by Yr. Davies amd adopted. ZONING-CITY PROPERTY: Council at its meeting of July 16, 1956, having referred to the City Planning Commission for study and recommendation the question of rezonlng city-owned property on the northwest corner of Tenth Street and O~ange Avenue, N. M., from General Residence District to Husines$ District, the City Planning Commission submitted its report, stating that the heavy volume of traffic at the location, mhich in the opinion of the Commission will increase, would create an unnecessary traffic hazard if a filling station were erected on the property in question, and recommended that Council not rezone the lot in question. Mr. ~aldrop moved to set a public hearing for 2:00 o'clock, p. m., Septembel 4, 1956, in the Council Chamber in the Municipal Building, on the question of rezoning the said property. The motion was seconded by Mr. Davies. Mrs. Pickett offered n substitute motion that the city, as owner Of the property, withdraw the rezoning request. There being no second, the substitute motion was lost and the original motion adopted. ZONING: Conncil at its meeting of July 16, 1956, having referred to the City Planning Commission for study and recommendation the request of William B. Hopkins, et al, that their properties situated on gaple Avenue, $. M., between Jefferson Street and Malnut Avenue, be rezoned from Special Nesidence District to Husiness District, the City Planning Commission submitted its report, advising that in its opinion the property in question Is better adapted for business uses than for residential purposes, amd that the fez,ming of the property will be a natural extension of au existing Business Dlstrlcta therefore, the Commission recommended that the request.of the petitioners be.granted nad that the property belonging to the Trustees of St. PaulUs Reformed Church, adjacent to the petitioners* property, be included in the rezoalng to a Business District. Hr. Nebber moved to set a public hearing on the question of fez,ming to a Business District property designated as Official Lots Nos. 1023313, 1023314, 1023315. 1023316 and 1023317, for 2:00 o'clock, p. m** September 4, 1956. in the Council Chamber in the Municipal Building. The motion was seconded by Br. Davies and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLDTIONS: PDRCNASE OF PROPERTY-SCHOOLS: Council at its meeting of July 30. 1956. having tabled until its next regular meeting a request of the R,an,he City School Board for authority to purchase two tracts of land as school sites at a combined cost of $131o226.13 out of funds provisionally committed under Resolution No. 12515. adopted October 3. 1955, as loans against future school bond issues, the matter was again before Council, Mr. Young offering the following emergency Ordinance providing for the purchase of 14.472 acres of the Matts property: (u12806) AN ORDINANCE providing for the acquisition of 14.472 acres of land in the northwest section of the City of Roanoke for public school purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21. Page 407.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Br. Davies and adopted by the following vote: AYES: Council members Davies, Dillard. Pickett, ~aldrop. Yebber. Young, and the President, gr. Moody ............. 7. NAYS: None ....................... O. Mr. Webber offered the following emergency Ordinance, providing for the ~urchase of 50.464 acres of the Stemart property in Roanoke County: (z12807) AN ORDINANCE providing for the acquisition of 50.464 acres of land, more or less, situate.in Roanoke County adjacent to the north corporate line of the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 408.) Br. Nebber moved the adoption of the Ordinance. The motion Was seconded by Mrs. PlcRett and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Maldrop, ~ebber, and the President, Mr. Moody .................. NAYS: Mr. Young ............... 1. Br. Davies then offered the following emergency Ordinance, providing for the appropriation of~$131,226.13: (u12808) AN ORDINANCE to amend and reordain Section ~142, 'Transfer to Improvement Fund#, of the 1956 Appropriation Ordinance, and providing for an. emergency. '. (For full text of Ordinance, see Ordinance Book No. 21; Page 409.) 333 J'~.334 · Mr. Davies moved the ed*pilot of the Ordlunnce. The motion mas seconded by Sr. hldrop and adopted by the f,Il*ming vote: AYES: Conn~il members Davies, Dillard° Pickett, Waldrop, Webber, Young, nnd the President, Wt. Woody .......... ~---7. ' NAYS: None ........................ O~ · AEQUEES: Coancll nt ltl meeting of JnJy 30, 1956, baying directed the preparation or a proper Resolution, granting n permit to The Times-World Corporation for the erection of a marquee above the Campbell Avenue entrance to its new building on Campbell Avenne nad Second Street, $. W** Mm. Pickett offered the f,Il*ming Resolution: (n1280g) A RESOLUTION Ruth*riming and directing the Building Inspector, pursuant to the provisions of 'The Sign Ordinance of the City of Roanoke, tn issue a permit to the Tines-World Corporation. to erect a marquee for'said Curporntion*s new building now under construction at the northmest corner of Campbell Avenue and Second Street, S. (For full text of Resolution, see Resolution Book No. 21. Page 409.) Hrs. Pickett noted the adoption of the Resolution. The notion was seconded by #F. Davies and adopted by the roll*ming vote: AYES: Council members Davies, Dillard, Pickett, Waldrop, Webber. Young, and the President, Hr. Woody ................ NAYS: None .......................... O. SALE OF PROPERTY: Council at Its meeting of July 30, 1956. having directed the preparation of the necessary Ordinance. authoriaing the sale of certain real estate. Mr. Young moved that the following Ordinance be placed upon its first reading: (~12BlO) AN ORDINANCE authorizing the sale and conveyanceof Lot 23, Block 43, according to the Hap of West End and Rivervieu, to O. W. Gills and Robert W. Putnam upon certain terms and provisions. #HEREAS, O. W. Gills and Robert W. Putnam have offered to purchase from the City the lot or parcel of land hereinafter described upon the terms and provisions hereinafter provided; and RBEREAS, the Council deems the aforesaid offer fair and reasonable and, for the best interests of the City, one to be accepted; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the offer of O. W. Gills and Robert W. Putnam to purchase from the City Lot 23,.Block 43, according to the Rap of West End and Rlverview, for a cash consideration of $2,150.00, conveyance to be made by the City by deed containing Special Warranty of title, be, and it is hereby, accepted. BE IT FURTHER ORDAINED that the proper City officials, upon payment to the City of thepurchase price hereinabove provided, be, and they are hereby, authorized and directed to execute, acknouledge and deliver, for and on behalf of the City, to the said purchaser, the City*a deed conveying the aforesaid real estate, the deed to be upon much form as is prepared and approved by the City Attorney, containing the terms and provisions bereinabove provided and conveying said land to said purchasers uith Special Warranty of title on the part of the said City, The motion .mas seconded bi Hr. Dillard and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Waldrep, Webber, Young, and the President, Hr. Woody ............... 7. NAYS: Nome ..................... O. MATER DEPARTMENT: Council at its meeting qf July 30, 195&, haviag~rected the preparation of a Resolution, authorizing skin diving operations in the Carvins Cove Reservoir, Hr. Davies offered the following Resolution: (s12811) A RESOLUTION granting permission unto Joseph M. Razlegrove, et al, to practice skin diving at Carvlus Cove. (For full text of Resolution, see Resolution Rook No. 21, Page 410.) Mr. Davies moved the adoption of the Resolution. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Waldrop, Rabbet, Young, and the President, Mr. Moody ................ NAYS: None .......................... O. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. APPROVED 336 COUNCIL, SPECIAL MEETING, Mosday, August 20, 1956. The Conncil of the City of Roanoke met ia special meeting iu the Council Chamber ia the Municipal Building, Monday, August 20, 1956t at 2:00 **clock, p. m** mith the President. Mr. Moody, presiding, said meeting having been called by action of Council at its meeting of August 13, 1956, rot the purpose of considering the report of the Job Classiffcatfos Committee. PRESENT: Council members Davies, Dillard, Pickett, Maldrop, Mebber, Young, asd the President, Mr. Moody .................. ?. ABSENT: None .......................... O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr, James N. Klncauon, Assistant City Attorney, Mr, ilarry R, Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was ope*ed mith a prayer by Mr. Arthur S. Omens, City Manager. NAGES-CITY EMPLOYEES: Council at its meeting of August 13, 1955, having tabled for consideration at a special meeting to be held at 2:00 **clock, p. m., August 20, 1956, the report of the Job Classification Committee, the matter mas again before the body. The City Clerk presented a communication from Mr. T. Ho Price, representing hourly paid employees of the Sanitation Department, stating the position of said employees as follows: 1. It is the feeling of ali hourly paid employees that the merit rating .system, as outlined in the Brickman Report, will lead to discrimination and dissatisfaction among the hourly paid em- ployees. They request that no such system be considered. 2. Dourly paid employees want to know how much money has been set aside for merit increases. 3. Hourly paid employees want City Council to explain to them how much increase is provided for each classification. 4. The hourly paid employees are of the opinion that since they have not had a wage increase since 1953 and the number of new units that they have been assigned to maintain have increased more than 1500 without any additional employees or equipment, they should be entitled to at least a ten cents (10~) per hour general mag* increase applied to all hourly paid employees without discrimination. S. It is the feeling of the hourly paid employees that the Brichman Report was taken from a survey made by Mr. Brlckman of the various industrial establishments in the Roanoke Area; most of mhich operate on the basis of forty (40) hours per week with over-time in excess Of eight (6) hours per day or forty (40) hours per week. It is called to the City Councilts attention that most of the hourly paid employees work from £orty-eight (48) to fifty-one (51) hours per week without any consideration as far as over*time is concerned. They request that their hour s be reduced to a more reasonable number of hours per week with*at any decrease fa present tahe home pay, plus the above requested increase. 6. Xt Is the feeling of the hourly paid employees that the Brtchman Report is unjust, discriminatory, and inadequate and they ask that the City Connofl reject same in its entirety and con- sider the across the board increase as above requested. Mr. Price, Regional Director of the United Construction Markers, Division of District 50, United Mtn* Mothers of America, appeared with a group of employees from the Sanitation Department In support of the communication and requested that Council reject the committee*s report now under con*id*ratios. The City Clerk presented n communication from a committee of members of the Roanoke Fire Depsrtment, stating that they object to the report of the Job iClossiricatiom Committee, on two basic counts: (1) the merit system involved; !amd (2) tho sun or money allocated to the Fire Deportment ns reported in the )tess for mage Increases. TheF also objected to the classification of various members of the Five Jepartwent as inclnded in the report, Messrs. Harry P. BcEinney, Jr** G. W, Craddock and G. T. Belcher of the Fire Department appeared and made the folloming recommendations: Win thc best Interest of the City of Roanoke and the Roanoke Fire Department, the members that we are representing, strongly oppose the merit System which Mr. Brickuan recommends to be placed in effect In our Department. We feel that under this system which Hr. Brickman recommends, only a favored, select few of the Fire Department will receive the top pay in his respective rank. However, we would like to point out that in Fire Fighting as a coordinated team effort, no one individual is highly outstanding, without the aid of all bis fellom members cf his fire companF. We question how one individual, on one piece of fire apparatus, In one section of the city deserves more money than a man in the opposite section of the city that is performing the exact same duty. Also we question the system of aerlt from the standpoint of morale in the department, in as much as only one individual, the department head, will have the authority to give a merit raise. We feel that you Councilmen can readily see that a person who is liked by this officer will get special preference over a man that is as mall qualified, but not liked as well as the other man. We urge yon to reject this merit system for the Fire Department, instead for the betterment of the department, that a sizeable wage increase be made to the Fire Department, as a whole and leave the promotions on seniority and examination as at the present time. Also we plead with you to leave fonr year apprenticeship in effect that we now have, before receiving top pay as Fireman. Ne feel that each Captain, Engineer a~d Fireman that has completed his apprenticeship receive the same pay as his fellow Fire Fighter that is in the sane Fanh.u The City Clerk presented the following communications: a communication from sixteen employees of the Department of Health. endorsing the report of the committee and reqaesting its adoption; communications from five employees of the Health Department. stating their approval of the pay scale as it applies to them; communication from twenty=nine employees of the Department of Public ~elfare, endorsing the committee's report and recommending its adoption; a communication from eighty-eight police officers, endorsing the report of the committee and requesting its adoption; a communication from Hr. J. D. Sink, Chief Communications Officer of the Police Department, requesting a review of the classification of himself and employees in his division; and a communication from nix employees of the Sewage Treatment Plant, endorsing the report of the committee in general. After considerable discussion, Mr. Young stating that it is his sincere iesire and that of members of Council to give each employee merited increases ~ased on a plan removing inequalities in salary and classification and that the report of the committee in itself provides for procedures whereby any inequities ~xisting in the plan submitted by the committee can be promptly corrected, he 2ffered the following Resolution: .337. :338 (n12812) A RESOLUTION adopting tho Job classification ned pay schedule )lan, es submitted by the Committee heretofore appointed by Ordinance Nc. 126Sir directing that pay increases, under the plan, be retroactive to January 1, 19561 directing that lngrade increases, as provided for iu the plan, be made applicable to present employees on tho sane basit as if the plan had been In effect during the respective perlodsof employment; directing that the balance of fnnd~ in Acc*nat No. 165, of tho 1956 Appropriation Ordinance, be expended to effectuate proper salary increases and, nil*, for the proper-administration of. the plan. during the current calendar year; directing the Mayor to appoint a Committee, composed of three members of Conncll, to recommend the salaries it feels should be paid persons presently balding the managerial-executive positions set forth in the plan; continuing the Committee appointed by Ordinance No. 12651, for a perf0d of one year, for the purpose of recommending possible changes in the plan concerning policies, Job classifications and pay schedules; authorizing the employment of · consultant for n period of 12 months, at a consideration of $300.00 per month, ' to assist in the administration o~ the plan during said period; and directing the City Auditor to pay all proper salary increases, under the plan, by September 1, 1956, or as soon thereafter as is reasonably convenient. (For full text of Resolution, see Resolution Hook No. 21, Page 410.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Waldrop nod adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Waidrop, Webber, Young, and the President, Mr. Noody ................ 7. NAYS: None .......................... O. Mrs. Pickett then stated that the report of the Job Classification Committe did not cover officers appointed by Council or the Jadge of the Juvenile and Domestic Relations Court and moved that the committee to be appointed by the Mayor under the Resolution just adopted also consider and recommend to Council salaries to be paid officers appointed by Council and the Judge of the Juvenile and Domestic Relations Court. The motion was seconded by Mr. Young and adopted. Mayor Woody then announced the appointment of Messrs. Roy L. Webber, Chairman, Herbert A. Davies and Walter L. Young as a committee for consideration of managerial and executive salaries as provided for la the Job classification and pay schedule plan. There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR HEETINO. Monday, Angus1 27, 1956. The Council of the City of Roanoke met in regular meeting la tbe Council Chamber in the Municipal Building, Monday, August 27, 1956. at 2:00 otclock, p. w** the regular meeting hour, with the President, Mr. Moody, presiding. PRESENT: Council members Davies, Dillard, Pickett, Muldrop, Webber, Young. and the President. Mr. ~oody .................. 7. ABSENT: None .......................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager. Mr. Randolph G. Whittle City Attorney, Mr. Harry R. Yarns. City Auditor. and Mr. J. Robert Thomas. City Clerk. The meeting was opened with a prayer by the Reverend Edward H. Morgan, Pastor of Grace Church Independent. MINUTES: Copies of the minutes of the regular meeting held on Monday. August 13. 1956. and the special ueeting held on Monday. August 20. 1956. having been furnished each member of Council. upon motion of Mr. Maldrop. seconded by Mr. iBavles and adopted, the reading was dispensed with and the minutes approved us recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Council having set a public hearlng for 2:00 o'clock, p. m.. August 27, 1956, on the request of Mr. Ralph A. Glasgow that his property designated as Official Tax No, 202021S. located on the south side of Orange Avenue, N. between Raleigh Avenue and Fifth Street, be rezoned from General Residence District to Business District. and notice of the hearing having been published in The Roanoke ¥orld-Nems on August 10, 1956, and the City Planning Commission having previously recommended that the request of the petitioner be denled, the hearing was held at which no one appeared in opposition. Mr. Glasgow appeared and stated that he knoms of no opposition to the reqnqst and that the opposition of the City Planning Commission is based on its opinion that *spot" zoning is contrary to the best interests of all concerned. Mr. Glasgow stating further that the owner of an adjacent lot has requested Council to its property to a Uusiness District, and suggested that action on his request be delayed and considered along with that of Home Dealers, Incorporated. Mr. Webber moved to table the request of Mr. Glasgow for rezoning for consideration at such time as the request of Home Dealers, Incorporated, for rezoning of Its property adjacent to the property of Mr. Glasgow, which is before this meeting of Council. has been studied and is before the body for consideration. The motion was seconded by Mr. Dillard and adopted. STREETS AND ALLEYS: Council having set a public hearing for 2:00 o'clock, p. m., August 2T, 1956, on the request of Hodges Lumber Corporation that Sixth Street, N. M,, between Shenandoah Avenue and the Norfolk and Western Railway Company right=of-way, be vacated, discontinued and closed, and notice of the hearing having been published in The Rosnoke Norld=News on August 10, 1956, and :340 the City Planning Commission having previously recommended that the request of the petitioner be granted, the hearing wes held mt mhfnh an one appeared fn opposition. Hr. Jack B. Coulter, Attorney for the petitioner, appeared and requested that bls clleat*s petition be granted, Mr. Waldrop moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (a12813) AN ORDINANCE enacted pursuant to the provisions of Section 15-766.1 of the Code of Yfrgfala of 1950, ms asended to date, providing for the approval of the Council of the City of Roanoke. Virginia, to an instrument in mritlng vacating, discontinuing and closing that portion or Sixth Street, N. located on tko southerly side of Shenandoah Avenue, 400 feet nest of Fifth Street, as hereinafter more fully described. YHEREAS, application has been made to the Council of the City of Noanohe to have approved a certain instrument In writing dated Ray 21, 19S6, executed by Claude A. Hodges and Eleanor G. Hodges, his mire, Joseph W. Hodges, Jr., and Letitfa H. Hodges, his wife, and J. Cutchin Hodges and Ina C. Hodges, his wife; Hodges Lumber Corporation, a Virginia corporation; Norfolk and Western Railway Company, a Virginia corporation; and Rankers Trust Company, Trustee. a New fork corporation, vacating, discontinuing and closing the hereinafter described portion of Sixth Street, N. W.. located on the southerly side of Shenandoah Avenue. 400 feet west of Fifth Street; and WHEREAS, the said Claude A. Hodgeso Joseph ~o Hodges. Jr., and J. Cutchln Hodges; Hodges Lumber Corporation and the Norfolk and [astern Railway Company are nil the fee simple owners of all of the property abutting said portion of Sixth Street, N, W.; and RHEREAS. the Hanhers Trust Company. Trustee, is holder of the First Consolidated mortgage of the Norfolk and Mestern Railway Company dated October 22. 1896, and the property abutting the southerly side of the portion of said Sixth Street which is to be vacated, discontinued and closed is subject to said mortgage; and WHEREAS, the City Planning Commission has considered the request of said application and has recommended that it be granted; and WHEREAS, this Council caused a public hearing to be held on August 27. 1956 pursuant to due notice thereof, at which bearing the citizens were given un opportun to be heard both for and against the request of said petition; and WHEREAS, this Council, after considering the evidence submitted, Is of the opinion that vacating, discontinuing and closing said portion of Sixth Street, N. ~., will not abridge or destroy any of the rights or privileges of other owners of property within the bounds of the area of land shown on the various plats recorded in the Clerk's Office of the Hustings Court for the City of Roanoke and on maps on file in the office of the City Engineer, the bgsic map being the one showing the land of Rogers, Falrfax E Houston compiled by ~ingate ~ Hanckel, Engineers, dated December, 1890, and recorded in the aforesaid Clerk's Office in Deed Dook 48, page 452; aud WHEREAS, this Coulcll is of the further opinion that said request should be granted, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that that certuil instrument executed by Claude A. Hodges amd Eleanor G. Hodges, his wife, Joseph W. Dodges. Jr** cud Letitlu H. Hodges, his wife. and J. Cutchin Rodges and Itu C. Rodges, his wire; Rodges Lumber Corporation, a Virginia corporation; Norfolk and Western Railway Company, a Virginia corporation; and Dunkers Trust Company, Trustee. a New York corporation, under date of Ray 21, 1956. permuueatly vacating, discontinuing and closiug the following described portion of iSlxth Street. N. W** located on the southerly aide of Shenandoah Avenne, 400 feet iwest of Fifth Street In the City of Roanoke, to-wit: BEGINNING at point No. I as shown on the plat made for Hodges Lumber Corporation by C. B. Malcolm and Son. S.C.Eo, dated May 1, 1956, being N. &9° 06* W. 400 feet from the intersection of the southerly aide or Shenandoah Avenue. N. with the westerly side of Fifth Street, N. W. (also known as Park Street); thence along the westerly line of Lot 1. Block 23 according to the Rogers, Fairfax and Houston addition to the City of Roanoke, S. 20° 54* R. 130 feet to point No. 2, a point on the northerly right-of-way line of the Norfolk and Western Railway Company's property; thence with the same N. 69° 06* R. $0 feet to point No. 3; thence with the easterly line of Lot 8, Block 24 of the said Rogers, Fairfax and Houston addition N. 20° S4' E. 130 feet to point No. 4; thence along the southerly side of Shenandoah Avenue. S. 69° 06' E. SO feet to point So. 1. the place of BEGINNING, and being a strip or parcel of land comprising Sixth Street, N. W. (formerly First Street) aa shown on the aforesaid plat and also as shown on the 'Map of Laud of Rogera, Fairfax and Houston" compiled by Wingate and Hanckel, Engineers, dated December, 1890, and recorded in the Clerh°$ Office of the Hustings Court for the City of Roanoke, Virginia, in Deed Hook 48, page 452, be, and the same is hereby approved by this Council as provided by Section 15-766.1 of the Cede of Virginia of 1950, as amended to date. DE IT FURTHER ORDAINED by the Council of the City of Roanoke that a certified copy of this Ordinance be delivered by the City Clerk to the Clerk of the Hustings Court of the City of Roanoke, Virginia, and to the City Engineer of the City of Roanoke, Virginia, and that the said Clerk of the llustings Court and the said City.~Engtneer make appropriate notation of the vacation, discontinuance and closing as herein approved and that said instrument dated May 21, 1955. be recorded contemporaneously with the recordation of the copy of this Ordinance in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia. BE IT FURTHER ORDAINED that all recording and other costs be borne by the petitioners. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Waldrop, Webber, Young, and the President, Mr. Woody ................... NAYS: None ............................. PETITIONS AND COMMUNICATIONS: ZONING: The City Clerk presented a communication from Home Dealers, Incorporated, requesting that a 40-foot wide lot on the south side of Orange ;341 1342 Avenue, N. N,. facing the lmtersection of Orange Avenue and Querr! Road, deslgaoted es Offfcfol Tax So, 2020216, iud lying odJeceat to the property of Mr. Rolpb A. Glasgow, presentll alder consideration rom rezoaiegt be fez*ned from General Residence District to Business District, Hr. Young moved to refer the request to the City Planning Commission for study and recommendation. The motion ubs seconded by Hr. ~aldrop and adopted. TRAFFIC: The Cltl Clerk presented a communication from Rms. Lula M. Dillon, 1521 Chapman Avenue, S, W.. complaining of the increasing number of biclcles being ridden on sfdemalks and streets of the city, Hfs, Dillon stating that they are n haaard to motorists. Mr. Davies moved to refer the matter to the City Ranager to be handled administratively. The motion was seconded by Mr. Young and adopted. APPALACHIAN ELECTRIC POt;ER COMPANYoWATER DEPARTMENT: The City Clerk presented a communication from the Federal' Pomer Commission of the United States of America, giving notice that an nppiication has been filed by the Appalachian Electric Power Company for a preliminary permit for a proposed water power project to be located on Roaoohe River southeast of the city, said project to include an impounding dam mhich will create a water reservoir in portions of Roanoke, Bedfords PlttsylvaoJa and Franklin Counties, and advising that intervention or objections in the case must be submitted to the Federal Power Commission prior to September 20, 1956. Mr. Webber stated that he sees no reason for objection or intervention, but thouRht itlihely that the city might desire to use water from the reservoir in the future since the waters to be impounded mill be within reasonable pumping distance of the city*s water system, and moved to refer the matter to the CdtF Manager and the City Attorney for consideration of the possibility of the city obtaining the right to use waters from the impoundment of the project, if and when constructed, for its future needs. The motion was seconded by Mr. Young and adopted. ZONING: The City Clerk presented a commnnication from Mr. M. P. Meador, requesting that Lots I and 2, Block 1, Oregon Park, located on the northwest corner of Crowmorr Street and Shenandoah Avenue, N. ~., be rezoned from General Residence District to Light Industrial District. Mr. Davies moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Dillard and adopted. MEMORIALS-GRADE CROSSINGS: The City Clerk presented a communication f rom the Virginia Department of Highways, advising that the Highway Commission, in response to a request of the Council of the City of Roanoke, has adopted a Resolution, officially naming the new bridge in Roanoke'constrncted for the elimination of the Jefferson Street Rra~e crossinR in honor of the late Milldams Pearce Hunter, and advising that it mill be happy to consult with the committee set up by Council to morh oat the details thereof. The communication was ordered filed. REPORTS OF OFFXCERS: DUDGEToHEALTH DEPARTMENT-TUBERCULOSIS SANATORIUM: The City Manager reported that all patients ut the Roanoke Tuberculosis Sanatorium will be moved to state sanatoria and the sanatorium mill be closed for operations by August 31, 1956, and that limited personnel mill be maintained rot the purpose of closing out the records and for other administrative details with the final closing of the sanatorium to be accomplished prior to September 30, 1956, the City manager reporting further that in his opinion it ia necessary to continue and step up the work of tuberculosis control in the city, amd recommended that au appropriation in the amount of $1.20o,o0 be made to the Health Department account of the 1956 budget to provide for the employment of a Director of Tuberculosis Control at the rate of $300.00 per month for the months of September. October, November and December, 1956. in order to permit the holding of tug clinics weekly along with other administrative activities connected with the control of tuberculosis. Mr. Young moved to concur ia the recommendation of the City Manager and offered the following emergency Ordinance: (a12814) AN ORDINANCE to amend and reordain Section w40, *Health Department** of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Nook No. 21, Page 416.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Maldrop and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, ~aldrop, Yebber, Young, and the President, Mr. Moody .................. 7. NAYS: None ............................. O. COAL: The City Manager reported that the Purchasing Agent received bids for furnishing the cJty*s coal requirements for the period from September 1, through August 31, 1957, after public advertisement therefor, from Sovereign Pocahontas Company, Pocahontas Fuel Company, Incorporated, and Island Creek Coal Sales Company, the bid of Sorer*igc Pocahontas Company for Standard Run of Mine at $6,S0 per ton, Stoker Pea (treated) at $6.50 per ton, and Stove (treated) at $7.?5 per ton, being the low bid, which he recommended be accepted. Mr. Davies moved to concur in the recommendation of the City Manager and offered the following Resolution: (~12915) A RESOLUTION accepting the proposal of Sovereign Pocahontas Company, Roanoke, Virginia, for furnishing the coal requirements of the City of Roanoke for the period from September 1, 1956, through August 31, 1957; and authorizing and directing the Purchasing Agent to purchase the coal in accordance with said proposal. (For full text of Nesolution, see Resolution Book No. 21, Page 416.) Mr. Davies moved the adoption of .the Nesolution. The motion was seconded by Mrs. Pickett and adopted by the follouing vote: AYES: Council members Davies, Dillard, Pickett, Maldrop, ~ebber, Young, and the President, Mr. Moody ................. 7. NAYS: None ........................... O. _.344 DUDGET-CELEBRATXONS-CITY GOVERNMENT: The City Hanager requested that be transferred from the appropriation for the Roanoke Olamond Jebllee Celebration under Celebrations and Public Entertainments to Equipment la the Recreation Department account or the 1956 budget to permit the purchase of one typewriter fur the Diamond Jubilee Committee. Mr, Young moved to concar Il the recommendation of the City Manager and offered the following emergency Ordinance: (s12816) AN ORDINANCE to amend and reordaln Section milO, 'Recreation Department#, of the 1956 Appropriation Ordinance, and providing for an emergency. (For full tent of Ordinance, see Ordinance Hook Ho. 21, Page 417.) Mr. Young moved the adoption of the Ordinance. The notion mas seconded by #r. ~ebher and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Maldrop, ~ebber, Young, and the President, Mr. loody ..................... 7. NAYS: None ............................... O. BUDGET-GRADE CROSSINGS: The City Manager recommended that un appropriation of $147.00 be made to the Jefferson Street Grade Crossing Elimination Viaduct and Project account of the Improvement Fund for the purpose of installing a l=lnch water connection in cooJunction with the Jefferson Street Underpass under the Norfolk and Mestern RaJlmay Company main line, uhich connection Is needed for washing out the underpass. Mr. Ma/drop moved to concar In the recommendation of the City Manager and offered the following emergency Ordinance: (n1281T) AN ORDINANCE to amend and reordain Section n144, "Dridge Construction', of the 1956 Appropriation Ordinance, and providing for an emergency. (Fur full text of Ordinance, see Ordinance Book No. 21, Page 416.) Mr. ~aldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Davles and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, ~aldrop, ~ebber, Young, and the President, Mr. Hoody ................. ?. NAYS: None ........................... O, BUDGET-FIRE DEPARTMENT: The City Manager reported that the final cost of repairs for Fire Engine No. 4, which was wrecked on January 28, 1956, amounted to $1,850.31, leaving insufficient funds for maintenance of Fire Department apparatus for the balance of the fiscal year, the City manager recommending that $1,RO0. O0 be transferred from the Fire Hose appropriation account to Maintenunce of Apparatus in the Fire Department account of the 1956 budget. Mr. Dillard moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~12518) AN ORDINANCE to amend and reordain Section .62, 'Fire Department", of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. #aldrop and adopted by the following rote: AYES: Council memberJ Davies, Dlllard,,Plcketto Maldrop, Webber, Young° and the President, Mr. Woody ..................... 7. NAYS: None ............................... O. BUDGET-POLICE DEPARTMENT: The City Usasger reported that dna to necessary changes in the summons and parking meter forms the Police Department Stationery and Office Supplies account is overdramn by $145.43 etd recommended a transfer of $$00.00 from Supplies to Stationery and Office Supplies in the Police Department account of the 1g$6 budget. Mr. Waldrop moved to con:nv in the recommendation of the City Ranager and offered the following emergency Ordinance: (RI2019) AN ORDINANCE to amend and reordain Section uGO, 'Police Department" of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance nook No. 21, Page 419.) Mr. Maldrop unwed the adoption of the Ordinance. The notion was seconded by Hr. Davies and adopted by the following vote: AYES: Council members Davies, Dillard, Plchett, Maldrop, Webber, Young, and the President, Mr. Moody ................. 7. NAYS: None ........................... O. BUDGET-LICENSES: The City Manager reported that a Judgment has been obtained against the City of Roanoke by John P. PettyJobn and Company for a refund of certain license taxes mhlch will require an appropriation of $1,500.00 to the Refunds and Rebates account of the 1956 budget, the City Ranager recommending that the appropriation be made. Rt. Young moved to concur In the recommendation of the City Manager and offered the following emergency Ordinance: (z12f120) AN ORDINANCE to amend and reordaln Section =154, "Refunds and Rebates", Of the 1956 Appropriation Ordinance, and providing for an emergency. (For fall text of Ordinance, see Ordinance Book No. 21o Page 419.) Nfo Yonng moved the adoption of the Ordinance. Yhe motion was seconded by Mr. Davies and adopted by the following vote: AYES: Conncil members Davies, Dillard, Pickett, Maldrop, Mebber, Young, and the President, Mr. Moody ................. NAYS: None ........................... O. REPORTS OF CONMITTEES: SEWAGE DISPOSAL: Council at its meeting of July 30, 1956, having referred to a committee composed of Messrs. Roy L. Webber, Chairman, Walter L. Young, Arthur S. Owens and Randolph G. Whittle a request of the Town of Solemthat the contract between the City of Roanohe and the Town of Salem dated October 16, 1953, dealing with the treatment of domestic and commercial wastes, be amended to include an along both sides of U. S. Route 460, west of Salem, for study and recommendation, the committee submitted its report, recommending that the request be granted, provided that charges So per. cent greater than the charges provided for in said contract be paid for the transportation and treatment of acceptable wastes originating within said area and that these increased charges be continued though the area may be subsequently annexed to the Town of Salem. .s4.e Hr, Maldrop moved to concur le the report of the committee and offered the foil,ming iesolutloa~ (u12821) A RESOLUTION amending tko court,ct or October 16, lgS3, betmeeu the City of Roanoke and the Town of Salem dealing mlth the treatment of douestic and commercial wastes, (For fwll text of Resolution, see Resolution Sook No. 21. Page 420.} Hr. Naldrop moved the adoption of the Resolution. The motion mss seconded by Mr. Davies and adopted by the foil,ming vote: AYES: Council members Davies, Dillard, Pickett, Muldrop, Rebber, Young, and the Presideot, Nr. Moody .................. NAYS: None ............................ SEMAGE DISPOSAL: Council at its meeting of July 30, 1956, having referred to a committee composed of Messrs. Roy L. Webber. Chairman, Molter L. Young, Arthur S. Owens and Randolph G. Rhittle for study and recommendation a request of the Board of Supervisors of Roanoke County that the contract of September 28. 1954, between the City of Roanoke and the County of Roanoke, dealing mlth the treatment of domestic and commercial mast,s, be amended to include two small areas lying to the west of Holllns Road, north of the city corporate limits, the committee submitted its report, recommending that the request of Roanoke County be granted. Hr. Davies mored to concur in the recommendation of the committee and offered the following Resolution: (~12822) A RESOLUTION amending the contract of September 2fl, 1954o betmeen the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial mastes. (For full ~ext of Resolution, see Resolution Book No. 21, Page 421.) Hr. Davies moved the adoption of the Resolution. Yhe motion mas seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Maldrop, Nebber, Young, and the President, Mr. Moody .......... NAYS: None-T .......................... O. UNFINISHED HUSINESS: CITY PROPERTY-TRAFFIC: Council at its meeting of July 16, 1956, hating referred to the City Manager and the City Planning Commission for study and recommendation a request of the Roanoke Hospital Association that the city lease unto It u portion of the Mater Department land located on the east side of Jefferson Street south of Oelleviem Avenue, S. E., the City Manager reported that he has consulted with representatives of the hospital and various officials of the city and presented an Ordinance which he stated provides the conditions onder which he recommends that the property be leased to the hospital. The City Planning Commission submitted its report, advising that in its opinion there is need for off-street parking facilities at the hospital and that the use of the area as proposed mill be in the interest of the public and mill not abridge the rights of the city, the Commission stating further that it is the understanding et tho Conmlzsioe that the wewbera et the Garden Club which landscaped the area iud the officials or the hospital are in agreeneat regarding the protection of the shrvbbery end trees oa the periphery of the property~ Mr. M. A, DiCkinson. Attorney rot the Roanoke Hospital Association, appeared and presented a comwunicatlon, outlining the provisions under which it requests that the property be leased, which provisions are the sane as those contained in the Ordinance presented by the City Manager. Mr. Davies Bored that Council concur in the ret*emendations of the City Manager and the City Planning Coauission and that the following Ordinance be placed upon Its first reading: (u12822) AH DRHIHANCE leasing unto the Roan*he Hospital Association certain real estate in the vicinity of the Roanoke Hem*rial Hospital For supplying parking facilities, without charge, to visitors to and the staff and employees of said Hospital. MH£R£AS, Roanoke Hospital Association has requested the City lease nut* it certain real estate belonging to the City situate in the vicinity of Roan*he Memorial Hospital upon terms and conditions acceptable to the City for the purpose of supplying parhing Facilities, without charge, to visitors to and the staff and enployees of said Hospital; THEHEFORE, DE IT ORDAINED b~ the Council of the City of Hoanohe as follows: 1. That the City of Roanoke doth hereby lease unto Roanoke Hospital Association certain of its real estate situate in the City of Roanoke, Virginia, and befog that portion of the sixty-two (&2) acre tract of land (Official No. 4060502) bounded on the north by Helleview Avenue, on the west by Jefferson Street, on the east by Lahe Street, and on the south by the chain fence as extended to Jefferson Street (said chain fence being located in the old Mill Mountain incline right-of-way and north of the Mater Department building); 2. That the term of saidlease shall be from September 1, 1955, to September 1, 1959, which term shall be automatically renewed for yearly periods thereafter unless either Roanoke Hospital Association or the City of Roanoke, Virginia, gives the other party ninety (gO) days written notice in advance of the original expiration date, or any automatically renewed yearly period, of its intention not to renew said lease; 3. Zhat Roanohe Hospital Association shall pay the City of Roanoke annual rental, in advance, in the sum of 4. That the Roanoke Hospital Association shall use the above-described res] estate for the porpose of constructing and maintaining thereon, at its own expense, a parking area In order to furnish requisite parking facilities, without charge, For visitors to and the staff and employees of Roanoke Memorial Hospital; and for no other purpose; 5. That the Roanoke Hospital Association ~hall agree that it will construct the parking area on the demised prenises subject to the supervision of the City Manager of the City of Roanoke, Virginia, and that soch construction and operation of the parking lot so constructed shall be subject to the following conditions: '3~7 '.34.8 (a) The parklag area shall be paved to provide a Satisfactory surface for parking; (b} Adequate drainage shall be provided for the paved parking area; (c) The paved parking area shall'extend eo closer than five (5) feet from the trunks of the trees surrounding the proposed parking area; (d) A beeper rail shall be installed near the edge or the pavement of the parking area to preveet oars from getting off such paved area; (e) Roanoke Hospital Association shall agree to use the demised premises ia such a manner aa not to Interfere mltb the present unpaved access roads thereon and shall not permit parking on that part of the demised premises under vhich the City of Roanoke Yater Hepartmentts two mater lines run; (f) Roanoke Hospital Association shall install adequate lights to illuminate the parking area and the expense of the electric correot therefor shall be paid by said Roanoke Hospital Association; (g) Roanoke Hospital Association shall agree to permit the City of Roanoke. its agents and employees, access to said demised premises and particularly to the water lines forming along the easterly side thereof and to the culvert ruunin approximately through the center thereof, at all times; (h) In the event It becomes necessary for the City of Roanoke to disturb the surface cf the proposed parking area for the purpose of obtaining access to the above-mentioned culvert, Roanoke Hospital Association shall repair any such sorface so disturbed at its oma cost and expense; (i) Roanoke Hospital Association shall maintain the shrubbery and the grass on the demised premises around the periphery of the paved parking area; and (J) lo the event Roanoke tlospital Association desires to install a waiting shed for bas patrons on the ~mised premises, such shed shall be of an open type to prevent loitering and other nuisance activities; 6. Roanoke Ilospital Association shall agree to indemnify and hold harmless the City of Roanoke from any liability for accidents to or damsges sustained by any persons in connection mith the use by Roanoke Hospital Association of the demised premises for a parking area during the term of this lease; and T. The City of Roanoke reserves the right to cancel this lease and repossess the demised premises lu event, in the sole judgment of its Council, a municipal need exists for so doing, upon giving ninety (90) days written notice of its intention so to do. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that, in no event, shall this Ordinance become effective until an attested copy of the same shall have been properly executed, for and on behalf of Roanoke Hospital Association, as evidence of said Association*s agreement to be bound by all of the terms and conditions imposed upon it by this Ordinance. Roanoke, Virginia Augost 27, 1956 Executed, for and on behalf of Roanoke Hospital Association, Inc., as evidence of said Association's agreement to be bound by all of the terms and conditions imposed upon it by this Ordinance: ROANOKE HOSPITAL ASSOCIATION, INC. President ATI'ES?: ~ Secretary · The motion mas seconded b7 Hr. Waldrop'acd adopted by the folloming vote: AYES: Council members Davies, Dillard, Pickett, Wsldrop, Webber, Young, and the President, Mr. Moody ................ 7. NAYS: None .......................... O. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Conncil at its meeting of Angnst 13, 1g$6, having directed the preparation of nm Ordinance providing for the condensation of certain property required for the midenlng of the north side of Salem Avenue, S. M., between Jefferson Street and First Street, amd st the same tine having directed the City Manager to continue his efforts to arrive at an agreement between the city and the property owners, the City Manager reported that he has reached a tentative agreement for the purchase of the property required from the Merchants ParRing Garage and is cootlnning his efforts or negotiation with the M. V. [lrR Estate, but that he has been unable to come close to an agreement with the Goodmill lodostries and Gospel Mission and Whiting Oil Company, Incorporated, and recommended that Council adopt Ordinances providing for the condemnation of the property Gl the Goodwill Industries and Gospel Mission and Whiting 011 Company, Incorporated, as required for widening said street. Mr. Young moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance providing for the condemnation of the property of Whiting 011 Company, Incorporated: (n12824) AN ORDINANCE authoriaing and directing the acquisition by condemnation of 2,281.11 square feet of land, more or less, on the north side of Salem Avenue between Jefferson Street and First Street, S. W., fide Whiting 011 Company, Incorporated, or the lawful owner thereof, for public street pnrposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 423.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Maldrop and adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Waldrop, Webber, Young, and the President, Mr. Moody ................. 7. NAYS: None ........................... O. Mr. Davies then offered the following emergency Ordinance providing for the condemnation of the property of the Goodwill Industries and Gospel Mission: (n12825) AN ORDINANCE authorizing and directing the acquisition by condemnation of 7IS.gl sqnare feet of land, more or less, on the north side of Salem Avenue between Jefferson Street and First Street, S. N., from Goodwill Indnstries and Gospel Mission of Roanoke, Incorporated, or the lawful owner thereof for public street porposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 424.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: ,350 AYES: Council members Davies, Dillard, Plehett,'Haldrop, Webber, Young, aid the President, Mr, Woody ................. NAYS: Note ........................... PDRCBASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of Algllt 13, 1955, having tabled rot consideration at its lext regular meeting the report the City Manager In which he advised that Hr, J. G. #cCouhey has offered $2S.00 for approximately 2,67S square feet of land south of the connection between Short Avenue and Pocahontas Avenue, N. E.o the matter was again before the body. The City Manager reported that he Is uesble to advise Council further on the matter at thin time. Mr. Maldrop then moved to table the matter. The motion mas seconded by Mr. Dillard amd adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12798, rezonlng property located on the south side of Must Avenue, S. H., between Nineteenth Street and Twentieth Street, from General Residence District to Light Industrial District, having previously been before Council for its first reading, read and laid overs was agah before the body, Mr. Young offering the following for its second reading and final adoption: (al2?ga) AN ORDINANCE to amend and re-enact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No, 21, Page 412.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the folloming vote: AYES: Council members Davies. Dillard, Pickett. Maldrop. Webber. Young. and the President. Mr. NoDdy .................... NAYS: None .............................. O. ZONING: Ordinance No. 12799, rezoning property located on the southeast corner of Ninth Street and Stewart Avenne, S. E., known as Lots 1, 2 and the southerly portion.of Lot 3. Block 7, Belmont Land Company, from General Residence District to Business District, having previously been before Council for its first reading, read and laid over, was again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (n127g9) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter SI of the Code of the City of Roanoke, Virginia. in relation to Zoning. (For fell text of Ordinance, see Ordinance Book No. 21, Page 413.) Mrs. PlcRett moved the adoption of the Ordinance. The motion was seconded by Mr. Maldvop and adopted by the following vote: AYES: Council members Darius, Dillard. Pickett, Haldrop, Nebber, Young, and the President, Mr. Moody ................... 7. NAYS: None ............................. O. ZONING: Ordinance No. 12800, rezoning property located on the westerly side of Nhiteside Street, N. E., designated as Official Tax No. 3150102, from General Residence District to Business District, having previov sly been before Council for its first reading, read and laid over. Was again before the body, Mr. Davies offering the following for its second reading and final adoption: (e12600) AN ORDINANCE to nuend nad reenact Article I. Section 1, or Chapter 51 of the Code of the City of Ronnoheo Virginia, in relation to Zoning. (For fell text of Ordinance, see Ordinance Boob No. 21, Page 414.) Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Mr. Young eld adopted by the following vote: AYES: Council members Davies, Dillard, Plchett, Webber, Young, nad the President, Mr. Woody ....................... 6. NAYS:.None ......................... O. (Mr. Maldrop not voting for personal reasons) SALE OF PROPERTY: Ordinance No. 12810, providing for the sale of Lot 23, Block 430 West End and R i verview, to Messrs. O. M. Gills and Robert M. Putnam for n cash consideration of $2,150.00, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Maldrop offering the following for its second reading and final adoption: (n12510) AN ORDINANCE authorizing the sale and conveyance of Lot 23, Block 43, according to the Map of Mast End and Rlverview, to O. M. Gills and Robert M. Putnam upon certain terms and provisions. (For full text of Ordinance. see Ordinance Book No. 21, Page 415.) Mr. Maldrop moved the adoptiSn of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Davies, Dillard. Pichett, Waldrop, Webber, Young, and the President, Mr. Moody ............... NAYS: None ......................... O. STREET PAYING: Council at its meeting of August 13, 1956, having directed the preparation of a Resolution to provide for an amendment of the contract between the City of Roanoke and Adams Construction Company covering the 1956 street paving program in order that additional work in the amount of $50,000.00 might be accomplished, Mr. Young offered the following Resolution: (#12526.) A RESOLUTION extending the contract of May 11, 1956, between Adams Construction Company and the City of Roanoke for the paving of streets at various locations in the City. (For full text of Resolution, see Resolution Book No. 21, Page 425.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Davies, Dillard, Plchett, Maldrop, Webber, Young, and the President, Mr. Moody ................. 7. NAYS: None ........................... O. MATER DEPARTMENT: Council at its meeting of July 30, 1956, having directed the City Attorney to rewrite a proposed Ordinance for the partial amendment of Section 3 of Ordinance No. 12519, Mc. Webber moved that the following Ordinance be placed upon its first reading: (~12827) AN ORDINANCE receiving and filing the Virginia Division of Forestry's report of~ May 21, 1956, regarding marketable timber growler on the 120 acre tract therein described and partially amending Section 3 of Ordinance No. 12519 by directing the City Manager, after the said Forest Service shall~ have prop, '351 .352 marked all or the timber it recommends be sold, to proceed to publicly advertise tbeJ fact that the City mill sell, nt public auction, the marked marketable timber growing, respectivelye on the if*remind 120 acre trnct, the Hearer Dau drelnnge area and the Falling Creek Watershed, and lmmedintely, therenrter, and before the acceptance or any or the tbree individual bids that mny be made, that it will o~fer, it public anotfcn, all marked marketnble timber gromilg on nil three areas, and accept either the lndlvldanl bids or the aggregate bid, as the best lnlerests of the City shall dictate, WHEREAS, by Ordinance No. 12S19, a~opted by this Conncli on the lOtb day of October, lg$S, the written report and recommendations of the 'Timber Lands Committee* benrieg date September 27, 1955, were approved; and WH£REAS, as directed by the last-mentioned Ordinance, the City Manager, for and on behalf of the City, executed the agreement uith the Virginia Forest Service for marking and estimating the Clty*s timber on and near the Beaver Dam and Falling Creek Watersheds, that said Forest Service proposed to recommend be sold; and WBER£AS, Section 3 of the last-mentioned Ordinance provided, in part, "That npon completion of the marking and estimating of the timber by thc Virginia Forest Service, *e that the City manager be, ** directed to advertise for bids For the purchase of such standing timber as is $ marked for cutting and sale; and WHEREAS, the aforesaid Virginia Forest Service has filed its report, dated May 21, 1956, regarding marketable timber growing on the 120 acre tract therein described, situate outside of the drainage area of either the Heaver Dam or Falling Creek Watersheds--the timber growing on the aforesaid 120 acre tract being the only timber that bas been marked for catting and sale at this time by said Forest Service; and WHEREAS, the said Virginia Forest Service, in its aforementioned report of May 21, 1956, recommends that the City*s merchantable timber, as marked by Jr, standing on the aforesaid 120 acre tract, be disposed of, at public auction, at this time and before said Forest Service has completed marking all timber standln9 in the entire area that it proposes to recommend be sold; and WHEREAS, this Conncil is unwilling to concur in the aforementioned recommendation of the sal~ Virginia Forest Service, but, on the contrary, feels the best interests of the City will he served by delaying any public auction sale of any portion of the timber said Forest Service proposes to recommend be sold until it shall have properly marked ali such timber standing within the entire area; THEREFORE, HE XT ORDAXNED by the Council o£ the City of Roanoke as follows: 1. That the report of the Virginia Division of Forestry dated May 21, 1955, regarding marketable timber standing on tbe 120 acre tract therein described be, and said report is hereby, ordered received and filed; 2. That the City Manager he, and be is hereby, directed to request the said Virginia Division of Forestry to promptly proceed with, and complete as soon as possible, tbe proper marking of all of the City*s timber, standing mithin and near the Beaver Dam end the Falling Creek Metersheds, that said Dlvisiol of Ferestrypropoaes to recommend be sold; nad 3. That after the said Forest Service shall have properly marked all of the timber, standing mitbin the entire area that it recommends be sold, that the City Manager be, and he is hereby, directed to p~oceed to publicly advertise the fact that the City of Roanoke mill sell, at public auction, the timber marked and recommended for sale by said Forest Service as standing first o~ three respective areas, viz.: (a) on the aforesaid 120 acre tract, (b) on the Beaver Dan drainage area and (c) on the Falling Creek Watershed, and immediately thereafter, and before the acceptance of any of the three individual bids that may be made, that the City mill offer, at public auction, all such marked timber groming on all three of the areas, and that it Mill accept either the Individual bids or the aggregate bid, aa the best interests of the City shall dictate. That the said City Manager shall advertise the holding of such public auction sale at such time and place as he deems best and he shall set forth in such advertisement, after consultation ulth said Forest SeFvlce, the Manager of the Water Department, and the City Attorney, such protecting provisions of the City's interests as may be considered advisable, including detailed logging methods to be required of the successful bidder, or bidders, to fully protect the Watersheds and the unsold timber. The motion mas seconded by Br. Dillard and adopted by the following rote: AYES: Council members Davies, Dillard, Pichett, Waldrop, Webber, Young, and the President, Br. Woody ................... NAYS: None ............................. O. MOTIONS AND MISCELLANEOUS BUSINESS: SEWER ASSESSMENTS: The City Clerk reported that a Sewer Assessment levied in 1912 against Lot 1, Section 9. Roanoke Land and Improvement Company, in the amount of $9o29, in the name of Mary Terry Heirs, has been declared erroneous by the City Attorney by reason of the fact that the actual lot semered under the assessment was Lot ~2. Block 6. Roanoke Land and Xmprovement Company, that Lot 1. Section 9. Roanoke Land and Improvement Company, has never been owned by Mary Terry,-or her heirs, that Lot 22, Block 6, Roanoke Land and Improvement Company, in a previous transfer of title, ~as reported free of Sewer Assessments by the City Clerk*s Office, but that subsequent to fixing of tax appraisal map numbers to the sewer index cards in the City Clerk*s Office in 1930 an examination of the' title disclosed the assessment, causing the present owner to request Mr. Edmund P. Goodman, an heir of Mary Terry, to clear the title of the property by payment of the assessment, the City Clerk stating that upon being advised by Mr. Goodman that in his opinion the Sewer Assessment does not constitute a valid lien and is uncollectible he requested advice from the City Attorney who ruled that the assessment is erroneous because of its incorrect indexing and recommended that the lien be released. Mr. Davies moved to direct the City Attorney to prepare a Resolution directing the release of the lien in question. The motion mas seconded by Dillard and adopted. .-.354 COUNCIL: Br. Webber stated tkst this is the lust regular meeting of Council for tmo of its valved members, motor Robert ~. ~ood7 and Co,Bellman Jobs B. Waldrop, aid on behalf or the remaining members of Council, pres**ted each of them moth sn appropriately inscribed silver plate commemorating their service on Couacll. PENSIONS: Bayer ~oody stated that this being his last meetiag of Couacil he mould like to leave n suggestion rot its future considerntios. Pointing out that ns mayor he served as a member of the Board or Trustees of the Euployoes* Retirement System, be stated that in worbing with the said Board he hos come to the conclusion that Coancil should consider a study Of the $6,000.00 salary limit for retirement purposes provided in the retirement mayor Bo*dy stating further that the limit was established mhen rem municipal employees received salaries exceeding $6,000.00 and that subsequent changing economic conditions have brought about a considerable change both as to salaries paid and the purchasing power of the dollar, mayor moody suggesting that Council might appoint a committee to study the matter and if the limit is removed present employees affected should have an option as to its application to thom. There being no further business, Council adjourned. APPROVED Saturday. September 1o 1956. The Council of the City of Bonnnhe met In the Council Chamber fa the Municipal Building, Saturday, September 1, lg56, at 3:00 o'clock, p. m** for organization, pursnnnt to Section 10 of the City Charter. PRESENT: Conncil members Minfree B, Carter. Herbert A, Davies. Benton O. Dillard. Mrs. Mary C. Pichett, Roy L, Mebber. Vincent S. Mheeler end Melter L, Young ............................. 7. ABSENT: None .............. O. OFFICERS PRESENT: Mr. J. Robert Thomas, City Clerk. The City ClerR advised that this Charter required meeting of the Council is generally referred to as its Organization Meeting and the Council may elect a President, a Vice President and such other city officials as it is required under the Charter to elect during the month of September, 1956. QUALIFICATION OF MEMBERS: The City Clerh reported that certificates of qualification of the members of Council beginning new terms, viz: Mr. Minfree B. Carter, Mr. Benton O. Dillard, Mrs. Mary C. Pickett and Mr. Vincent S. Mheeler, have been filed with the Clerk of the Courts and that they have tahen the oaths of office prescribed by law. Mr. Carter moyed that the City Clerk be appointed temporary Ch3lrmsn of the meeting, pending election of officers of Council. The motion was seconded by Mr. Yebber end adopted. ELECTION OF PRESIDENT: The temporary Chairman stated that the first order of business is the election of a President of Council and ex officio Mayor; whereupon, Mr. Davies placed in nomination the name of Malter L. Y,uno as President of Council and ex officio Mayor for a term of two years beginning September 1, 1956, and ending August 31, 1959. There being no further nominations, the Chair declared the nominations closed; whereupon, Mr. Malter L. Young was elected President of Council and ex officio Mayor for a term of twa years beginning September 1, 1956. and ending August 31, lg§O, by the f,Il,wing vote: AYES: Council members Carter, Davies, Pickett, Mebber and Mheeler .....S. NAYS: Mr. Dillard ........... 1. (Mr. Young not voting) The President of Council having been elected, the temporary Chairman turned the Chair over to the President, Mr. Young, who expressed his appreciation for the honor bestowed upon him by bls colleagues and pledged himself to perform his dutles to the best of his ability. ELECTXON DF VXCE PRESIDENT: The President stated that the next order of business Is the election of a Vice President of Council; ~berenpon, Mr. Mheeler placed in nomination the name of Ur. Minfree B. Carter and Mr. Dillard placed in nomination the name of Mrs. Mary C. Pichett as Vice Prenldent o[ Canncfl for a term of two years beginning September 1, 1956, and ending August 31, 1959. There being no further nominations, the Chair declared the nominations closed; whereupon, Mr. Mlnfree B. Carter was elected Vice President of Council :355 ~or a term or two years beginning September 1, 1956, Bad ending August 31, 1950, by the r,il,wing vote: FOR MR. CARTER: Council members Davies, Mebber, Mheeler, tad tke Presideato Mr. Y,mag ...................................... 4. FO~MRS. PIC[ETT: Council members Dillard and Pict.tm ............. 2. (Mr. Carter not voting) Mr. Carter then moved to adjourn end that the regular meeting or Council scheduled to be held at 2:00 ,'el.ct, p. m** Monday, September 3, 1956, be held at 2:00 o'clock, p. m., Tuesday, SepteMber 4, 1956. Mr. Davies and adopted. APPROVED The motion was seconded by COUNCIL, REGULAR NESTING, Tuesday, September 4, 1956. Tke Council or the City or Roanoke met la regular meeting lu the Council Chamber in the Municipal Building, Tuesday, September 4, 1956, nt 2:00 o'clock, p. m., the regular meeting hour, wink the President, Mr. Young, presiding. PRESENT: Council members Carter, Davies, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young .................. ?. A~SENT: None .......................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. ~hittle, City Attorney, Hr. Harry R. Yates, City Auditor, and Hr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by Dr. M. A. Ulankenbaker, Pastor of the First Methodist Church, Salem, Virginia. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m., September 4, 1956, on the request of the City Manager that a city-owned lot located on the northmest corner of Tenth Street and Orange Avenue, N. ~.o be rezoned from General Residence District to Business District, and notice of the hearlng~vlng been published in The Roanoke ~orld-Nems on August IT, 1956, and the City Planning Commission having previously recommended that the request be denied, the hearing was held at which no one appeared. Mrs. Pickett stated that the City Planning Commission feels that the erection of a filling station on this corner would create an unnecessary traffic hazard and moved to concur in the recommendation of the City Planning Commission and deny the request for rezoning. The motion was seconded by Mr. Webber and adopted. ZONING: A public hearing having been set for 2:00 o'clock, p. n., September 4, 1956, on the request of Milliam B. Hopkins, et al, that their property situated on Maple Avenue, S. N., running through to First Street, S. M., be rezoned from Special Residence District to Dnsiness District, and Including the property of St. Paul's Reformed Church located in the some block as recommended by the City Planning Commission, and notice of the hearing having been published in The Roanoke Morld-New$ on August 17, 1956, and the City Planning Commission having previously recommended that the property be rezoned, the hearing was held at mhlch no one appeared in opposition. Mr. T. L. Plunkett, Jr., Attorney for the petitioners, appeared and presente an Ordinance which he had prepared providing for the rezoning and requested that Council concur in the recommendation of the City Planning Commission. Mr. Mebber moved to table the matter until the next regular meeting of Council in order that the City Attorney may have an opportunity to approve the Ordinance as prepared by the Attorney for the petitioners. The motion mas seconded by Mr. O~vies and adopted. STREETS AND ALLEYS: A public hearing on the request of Henpaul Homes, Incorporated, that Maddock Avenue and Thurston Avenue, N. E., between Luhens 357 Street and Illklan Street, be permanently vacated, discontinued and closed, having bees set rot ~:oo o'elocb, p. w., September 4, 1956, smd notice o! the bearing ~svlsg been published Jn The Roanobe ~orld-News on August 17, 1956, nad the City Pleasing Commission having previously recommended that the request be granted, the henriug was held at which OD one appeared. Mr. Davies moved to cos.rinse the bearing until the next regular meeting or council. The motion was aeconded by Mr. Carter and adopted. SIDEMALE, CUID AND OOTTER: The City Porcbsslog Agent bavJog advertised for bids for the construction of concrete curb and gutter and sidewalk os ~llhlns Street and Rayne Street, N. E** and OB Soles Avenue, S. M., one bid was received frou ~artmau Construction Company ia tbs amount of #r. Carter mnved to refer the bid to the City Mans9er and the City Engineer for study and recowuendstion. The motion was seconded by MF. Dillard and adopted. BRIDGES=MAHER FIELD: The City Purchasing A~ent having adrertfsed for bids for the construction of a pedestrian bridge over Roanoke River between South Roanoke Park and Yaher Field to be received by Council at its meeting of September 4, lgS~, the City Clerk reported, that so bids have been received. INSURANCE~ The City Purchasing Agent having advertised for bids for public liability, property damage, fire and theft insurance covering the city*s automobile fleet, bids were received from the Insurance Advisory Committee and Nationwide Insurance Companies. Mr. Mheeler moved to refer the bids to a committee to be nppointed by the Mayor for study and recommeodation to Council at Its next regular meeting. The motion was seconded by Mr. Carter and adopted. Mayor Young then appointed a committee to consider the bids composed of Messrs. Roy L. Robber, Chairman, Herbert A. Davies and Arthur S. Owens. PETITIONS AND COMRUNICATIONS: CLAIMSopARKS AND PLAYGROUNDS: The City Clerk presented a communication from Mr. Jack D. Frye, advising that his son, Jack D. Frye, Jr., while visiting the Children*s Zoo on Mill Mountain, suffered personal injury when a monkey at the Zoo bid off the end of his finger and requestiog that the city pay medical bills the amount of $39.75 occasioned by 'this incident. Mr. Dillard moved to refer the communication to the City Attorney for investigation and report, to Council. The motion was seconded by Mr. Davies and adopted. REPORTS OF OFFICERS: INSURANCE: Council at its meeting of Augost 13, 19S&, having directed the City Attorney to advise whether in his opinion Section 40 of the City Charter, providing for public advertisement and competition in connection with city purchases, covers tbs procurement of insurance, tbs City Attorney submitted his opinion, stating that Section 40 of the Charter of the City of Roanohe does not cover the procurement of insurance, but that in his opinion this does not mean that C~uncil may not, in its discretion, advertise for competitive bids in such cases. ! 59, · Hr. Webber moved to refer the opinion to the committee appointed bi the #ayor earlier in the meeting for atedy of bids received for insurance covering the clWta automobile fleet for its consideration along with the seid bids. The motiol was seconded by Hr. Wheeler and adopted. REPORTS OF CO#HITYEES: WAGES-CITY EMPLOYEES: A committee composed of #easts. Roy L. Webber, Chairmae, Herbert A. Davies and Walter L. Young having been appointed by the Mayor under the provisions of Resolution Ho. 12B12 to recommend to the Council of the City of Roanoke salaries to be paid persons falling under the managerial- executive salaries sectinn of the Job Classification and Pay Raise Plan, and, also, salaries for appointees of Council and the Judge of the Juvenile and Oomestic Relations Court, the committee submitted its report, recommending salaries for officers falling under the classifications covered in its assignment, said salaries to be effective January 1, 1956. Hr. Carter moved that CouecJl coecur Jn the report of the committee, that the report be filed in the office of the City Clerk and that the committee be continued. The motion was seconded by Hrs. Pickett and adopted. Hr. Carter then offered the following emergency Ordinance providing for the salary Increases: (z12B28) AH ORDIHAHCE to amend and reordain certain sections of the 1956 Appropriation Ordinance, and providing rnr au emergency. (For fell text of Ordinance, see Ordinance Book Ho. 21, Page 432.) Mr. Carter moved the adoption of the Ordinance. The motion mas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Carter, Davies, Dillard. Pickett. Webber, #heeler, and the President, Hr. Young ........................ NAYS: None .................................. O. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIHS: NONE. INYROBUCTION AND CONSIDERATION OF OROINANCES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 12813, vacating, discontinuing and closing that portion of Sixth.Street, H. W., located on the southerly side of Shenandoah Avenue, 400 feet west of Fifth Street, having previously been before Conocl] for Ils first reading, read and laid over, was again before the body, Mr. Carter offering the following for its second reading and final adoption: (z12813) AN!ORDINANCE enacted pursuant to the provisions of Section 15-766.1 of the Code of Virginia of 1950, as amended to date, providing for the approval of the Council of the City of Roanoke, Virginia, to an instrument in.writing vacating, discontinuing and closing that portion of Sixth Street, N. N., located on the southerly side of ShenandoahAvenue, 400 feet west of Fifth Street, as hereinafter more full described. (For full text of Ordinance, see Ordinance Book Ho. 21, Page 426.) ar. Carter moved the adoption of the Ordinance. The motion was seconded by Hr. Davies and adopted by the following vote: .360 AYES: Council members Carter0 Davies, Dillard, Pickett, Rubber, Mheeler, nnd the President, Mr. Young .................... 7. NAYS: Noee .............................. O. CITY PROPERTY-TRAFFIC: Ordinnece No. 12023, leasing unto the Roanoke Hospital Association certain real estate is the vicinity of the Roanoke Memorial Hospital for the purpose of supplying parking facilities to visitors to and abe staff and employees of said Hospital, having previously been before Council for 1ts first reading, read and laid over, was again before the body, Mr. Davies offering the foil*ming for Its second reading and final ad*pti*n: (n12823) AN ORDINANCE leasing unto the Roanoke Hospital Association certain real estate In the vicinity of the Roanoke Memorial Hospital for the purpose of supplying parking facilities, mink*ut charge, to visitors to smd tho staff and employees of said Hospital. (For full text of Ordinance, see Ordinance Hook Ho. 21, Page 428.) Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Mr. Carter and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Wheeler, and the President, Mr. Young .................... NAYS: None .............................. O. WATER DEPARTMENT: Ordinance No. 12027, partially amending Section 3 of Ordinance No. 12519, regarding marketable timber growing on the 120~acre tract described in a report of the Virginia Division of Forestry dated May 21, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Davies offering the following for its second reading and final ad*pti*n: (a12027) AN ORDINANCE receiving and filing the Virginia Division of Forestry*s report of Ray 21, 19S6, regarding marketable timber growing on the 120 acre tract therein described and partially amending Section 3 of Ordinance No. 12519 by directing the City Manager, after the said Forest SerrJce shall hare properly marked all of the timber it recommends be sold, to proceed to publicly advertise the fact that the City will sell, a public auction, the marked marketable timber growing, respectively, on the aforesaid 120 acre tract, the Beaver Dam drainage area and the Falling Creek Matershed, and immediately, thereafter, and before the acceptance of any of the three individual bids that may he made, that it will offer, at public auction, all marked marketable timber growing on nil three areas, and accept either the individual bids or tbe aggregate bid, as the best interests of the City shall dictate. (For full text of Ordinance, see Ordinance Book No. 21, Page 430.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Carter and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, #ebber, Wheeler, and the President, Mr. Young ..................... ?. NAYS: None ............................... O. SEMER ASSESSMENTS: Council at its meeting of August 27, 1956, having directe the preparation of a Resolution directing the release of an erroneous Semer Assessment against the Nary Terry Heirs, Hr. Dillard offered the following: :! (e12829) A RESOLUTION directing the release of ac erroneous sever assessveat Ilea against Lot 22, fllock 6, Roanoke Land and Improvement Conpany, In the anne or Mary Terry Heirs, (For tull text or Resolution, see Resolution Book Mo. 21, Page 433.) Xr~ Oillurdmoved the adoption or the Resolution, The lotion vas seconded by Mr. Davies ned adopted by tie /allowing vote: AYES: Council meBbers Carter, Davies, Dillard, Pickett, Webber, iheeler, and the President, Mr. Young ........................ ?. NAYS: None .................................. O. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. Tkere being no farther bttaieess, Council adjourned. APPROVED 361 :362 COUNCIL, REGULAM MEETING, Monday, September lO, IgSG, The Council of the City of Roanoke met ia regular meeting in the Conical Chamber In the Municipal Bnllding, Monday, September 10, 19S6, at 2:00 o'clocR, p. w., the regular meeting hour, uith the President, Mr. Young, presiding. PRESENT: Council members Carter, Davies, Dillard, Pickett, Mebber, Mheeler, and the President, Mr, Young .................... ?* ABSENT: None ............................ O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph G. Mhittl* City Attorney, Mr. Barry R. Yutes, City Aodltor, and Mr. J. Robert Thomas, City Clerh. INVOCATION: The meeting was opened with a prayer by the Reverend Kenneth R. Bragg, Assistant Pastor of Calvary Baptist Church. MINUTES: Copies of the minutes of the regular meeting held on Eonday. August 27. 1956. and the special meeting held on Saturday, September 1, 19S6, having been furnished each member of Council, upon motion of Mr. Davies, seconded by Mr. Dillard and adopted, the reading was dispensed math and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing on the request of MJlllam Bo Bophlns, et al, that their property situated on Maple Avenue, S. M., running through to First Street, S. M., be reT,ned from Special Residence District to Business District, having been continued by Council at its meeting of September 4, 1956, the matter was again before the body. Mr.' T. L. Plunhett, Jr., Attorney for the petitioners, appeared and stated that he has prepared an Ordinance providing for the rezoning of the property requested by his clients, and also that of the St. Paul°s Reformed Church as recommended by the City Planning Commission, Mr. Plunhett requesting that Council concur in the recommendation of the City Planning Commission and rezone the property. No one appeared in opposition. Mrs. Pickett moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (n12830) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. NBEREAS, application has been made to the Council of the City of Roanoke to have all those parcels of land located in the City of Roanoke, Virginia, on the westerly side of Maple Avenne, S. M** hnown and designated as Official Tax Numbers 1023313, 10233i5, 1023316 and 1023317 rezooed from Special Residence District to Business District; and MHEREAS, the City Planniog Commission has recommended that said parcels of land, together with that parcel hoouu as Official Tam Number 1023314, be vezoned from Special Residence District to Busioess District as requested; and MR£REAS. notice required by Article II. Section 43. of Chapter SI of the Code or the City of R,BRoke. Virginia. relating to Z,slag. bas heel published in mThe Roanoke ~orld-lqeusU. · aeuspaper published in the City or R,aa,he. roy the tine required by said seotioo~ and MREREAS. the hearing as provided roy in said notice poblished ia said temspsper was held on the 4th day of September. 1956. at 2:00 oecleck, p. before the Council of the City of Roanoke la the Council Chamber ia the Municipal Rullding. at which hearing property owners and other interested parties in the affected area were given aa opportunity to be heard both for and against the proposed rezonlag; and MflEREAS. this Council. after considering the evidence presented, ia or the opinion that the above parcels of land should be fez,ned as requested and as recommended by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I. Section 1. of Chapter SI of the Code of the City of Roanoke. Virginia. relating to Z,·lng. be amended and reenacted Jn the following particular and no other, viz: Ail those parcels of land situated on the westerly side of Maple Avenue. S. M.. south of Jefferson Street. know· and designated as Official Tax Numbers 1023313, 1023314, 1023315, 1023316 and 1023317. be. and are hereby changed from Special Residence District to Dusiness District and the Zoning Rap shall be changed in this respect. The motion Wes seco·dad by Mr. Dillard and adopted by the following vote: AVES: Council members Carter. Davies. Dillard. Pickett. #ebb,F. Mheeler. and the President, Mr. Young ............ ?. NAYS: None ...................... O. STREETS AND ALLEYS: A public hearing on the request of Henpaul D,nas, Incorporated, that Maddock Avenue and Thurston Avenue, N. E.o between Lukens Street and Milkins Street, be permanently vacated, discontinued and closed, having been continued by Council at its meeting of September 4, 1956, the matter Was again before the body. No one appeared either f6r or against the proposal. Mr. Carter moved that C,un,il concur in the recommendation of the City PlannlnR Commission and that the following Ordinance be placed upon its first reading: (~12fl31} AN ORDINANCE vacating, discontinuing and closing that portion of Maddock Avenue and Yhurstoa Ave·ua between the west side of Wilkins Street. N. E** and the east side of Lukens Street, N. E. NREREAS, Henpaul Homes, Incorporated, a Virginia Corporation, owner of real estate situate on both sides of Maddock Avenue and Thurston Avenue between the west side of ~ilkins Street, N. E., and the east side of Lukens Street, N. E., has presented to Council a written instruoent signed and acknowledged in accordance with the provisions of Section 15-766.1 of the Code of Virginia of 1950. as amended, which Instrument recites that the said party is the sole abutting property owner on both sides of the aforesaid avenues; and '.*'363 ..364 NH£REAS, there are mo other property owoers ia the vicinity mhose rights or privileges will be ·bridged or destroyed by the v·c·ting, discontinuing nod closing or s·ld avenues in accordance with the provisions cf Section 15-766.1 of the Code or Virglola of lgSO, as aweoded; ned MH£REAS, uder the provisions of Section 15-766.1 of the Code of Virginia of 19500 es ·wended, sold avenues may be perwaneatly v·cated by the governing body of the City of Re·woke by presenting · written lnstrsueut before said governing body; old ~BEREAS, by action of the Council of the City of Roanoke, Virginia, On June 20, 195&, the matter was referred to the City PinChing Commission for its recowmend·tlons; and RREREAS, the Planning Comuission had a public hearing on August 2, 195&. at mhich hearing there mere no objections to the vac·ting, discontinuing and closing of the s·id avenues and the Planning Cowwisston recowmended to the Council of the City of Roanoke, Virginia, that the portions of Haddock Avenue and Thurston Avenue between the west side of Milklns Street, N. E., and the east side of Lukens Street, N. E., be vacated, discontinued and closed; and WHEREAS, the Council of the City of Roanoke did on the 4th day of September, 1956o in the Council Chamber for the City of Roanoke, after publication of due notice as required by law, hold a public hearing at the request of Renpaul Homes, Incorporated, for the closing of that portion of Haddock Avenue and of Thnrston Avenue between the west side of Sllkins Street, N. E** and the east side of Lukeos Street, N. E** at which hearing there was no objection or expressed opposition; cod RHEREAS, it appears tn the Cooncil of the City of Roanoke that Henpanl Homes, Incorporated, has requested that the said avenues be vacated, discontinued and closed and Henpaul Homes, Incorporated, has agreed to bear the cost of the proceedings. THEREFORE, RE IT ORDAINED by the Council of the City of Honnoke that it officially expresses its approval of the vacating, discontinuing and closing of the portions of Maddock Avenue and Thurston Avenue, N. E., more particularly described as follows: That portion of Maddock Avenue bounded by the west side of ¥ilkins Street, N. E., by the east side of Lukens Street, N. E., on the north side by Lots 2 through 15, Block H of MillJamson Groves Addition and on the south side by Lots 17 through 30, Block G of said Addition as shown in Plat Hook 1, Pages 316-317, recorded in the Clerk's Office of the Circuit Court for the County of Roanoke; and that portion of Thnrstoo Avenue, H. E., bounded by the west side of Milkins Street, N. £** by the east side of Lukens Street, N. E** on the north side by Lots 2 through 15, Block G of Milliamson GrovesAddition and on the south side by Lots 20 through 33, Block L of said addition as shown in Plat Book 1, Pages 316-317, recorded in the Clerkts Office of the Circuit Court for the County of Roanoke. BE IT FURTHER ORDAINED that the City Eugineer be, and he is hereby directed to mark *Permanently Vacated, Discontinued and Closed* the above described portions of said avenues Da ell naps and plats Da rile-la his ,trice upon which said avenues nay be shown, referring to the book aid page aenber of the Ordinances and Resolutions, wherein this Ordinance shall be spread, and referring to the Heed Hook and page aunber in the Clerk*s Office of the Hustings Court rot the City or Roanoke, where the aforesaid lnstruneat signed by the abutting property owner is filed for recordation. HE IT FURTHER ORHAINEO that the Clerk of this Council be. and he is hereby directed to deliver to the Clerk of the Circuit Court for Roanoke County and the Clerk of the Hustings Court for the City of Roanoke a copy of this Ordlnanc~ in order that said Clerks way make proper notations on all naps recorded in their respective offices upon which said avenues are shuns and that said Clerk of this Council be, and he is hereby directed to furnish to Denpaul Hones, Incorporate a copy of this Ordinance to be attached to the aforesaid written Instrument for filing for record in the Clerk's Office of the Circuit Con~t for Roanoke County, and the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia. The notion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Havies, Hillard, Pickett, Webber, Wheeler, and the President, Hr. Young ............... 7. NAYS: None ......................... O. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: The City Clerk presented a comeunication from the Appalachian Electric Power Company, transmitting a report showing the installation of fourteen 6000, ten 21000 and three 2500 lumen street lights, and the removal of eleven 2500 lumen street lights in the city during the month of August. 1956. The communication and report were ordered filed. BUDGET-COMMISSIONER OF REVENUE: The City Clerk presented a communication · from the Commissioner of Revenue, requesting that Council again consider his previous request for office furniture, being fourteen desks and fourteen chairs at a cost of $1,624.50, which request has been approved by the State Compensation Board, Hr. Armstrong advising that bls office is in need of this furniture now and unless procurement Is made during the present calendar year it will be necessary to inclede the item in the 1957 budget and again go before the Compensation Board of the Commonwealth of Virginia to secure its approval; therefore, he requested that Council appropriate $1,624.S0 to his 1956 budget account in order that the equipment can be purchased during the present calendar year. Mr. Webber moved to concur in the request of the Commissioner of Revenue and offered the following emergency Ordinance: (a12032) AN ORDINANCE to amend and reordain Section nS, *Commissioner of Revenue** of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21. Page 433.) Hr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Davies end adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Nheeler, and the President, Mr. Young .................... 7. NAYS: Noae .............................. O. -366 Z0NING: The City Clerk preseuled 8 eOllnUicutlOl frol Bedgelcwn Nurseries. Incorporated, requestJcg tkct Lots 1o6'. inclusive, Block 1o 6edgelewn Nap, located on the westerly side ef Jillicwsoe Road, N. M., betweeh Broad Street cid Epperley Avenue, be rea*ned rrou Special Residence District to Suslness District. Mr. Carter moved to refer the request to thc City Plenaiug Commissloc rot study and recommendation. The motion ~as secocded by Mr. Davies and adopted. REFONOS AND R£RATES-LICSNSES: The City Clerk presented u commulicatiol from Mr. Janes M. #esmark, Tax Cocsultant. representing Br. Alfred* J. Goria, requesting a refund amd abatement of un alleged erroneous assesswent of license taxes against his client covering the operation of slot machines for the year 1955. Mr. Messich appeared before Council and stated that in his opinion the city assessed an illegal tax against his client who did not conduct business in the City of Roanoke during the license period. CF. DillaFd moved to refer the matter to theCity Attorney tot a legal opinion In the premises.' The motion was seconded by My. Carter and adopted. REPORTS OF OFFICERS: REMORI~LS-GRADE CROSSINGS: The City Manager reported that a committee consisting of Ressrs, Robert W. #BOdy, Chairman, A. B, Stone and N. Carl Andrews previously appointed by Council under Resolution No. 12762 to designate the exact name of the Jefferson Street Grade Crossing Eliwination Viaduct, to design an appropriate plaque or plaques and to determine what wording shall appear thereon and, finally, to see that such plaque or plaques are appropriately and permanently affixed to said bridge, has approved a design of a bronze plaque and monument for ~Hunter RemoFJal nridge' to be erected at a point near the southern end of the Jefferson Street leg of said bridge, which the City Manager estimated would cost approxiuatel! $1,200,00 and requested that an appropriation in that amount be made. Mrs. Pickett moved to table the matter until the next regular meeting of Council. The motion was seconded by Mr. Davies and adopted. AUDITS-MUNICIPAL COURT: The City Manager submitted a report of the State Auditor of Public Accounts of an audit made by that office of the accounts and records of the Municipal Court of the City of Roanoke for the calendar years 1954 and 1955. There being no objection, the report was ordered filed. SALE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that he has received an offer from Mr. T. W. Blair of $200. OO for a strip of land running north and south on Ross Lane, S. M.,adjacent to the Shenandoah Life Insurance Company property, being the remainder of a parcel of land purchased by the city for street widening purposes and not required for said street widening, the City Manager also presenting a communication from the City Planning Commission,' stating that it has studied the matter and recommending sale of the property in question, the said property in Its opinion being snrplcs to the city's needs, the City Manager recommending acceptance of Mr. Blair's offer. Mr. Webber moved to direct the City Attorney to prepare an Ordinance providing for the sale of the land to Mr. Blair as recommended by the City Manager. The motion was seconded by Mr. Carter and adopted. · REPORTS:.~The City Homager transmitted · report of the Depsrtmeot of Public Uelfure for the m,nth of Julyt 1956, and reported other departmental reports on file in his ,trice. There being no objection, the report mas ordered filed. BUDGET-MUNICIPAL COURT: The City Manager reported that he is making nddltionnl space ca the first floor of the Municipal Building available for the Municipal C,nra and that proper use of the space by the said court mill end installation of a telephone extension nta total cost of $600.00, uhich he recommended be appropriated. Hr. Rebber moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (a12633) AN ORDINARCE to emend and reordain Section a24, 'Runicipal COUFtN, end Section x66, *Municipal Building', cf the 1956 Appropriation Ordinance, nod providing for an emergency. (FOr full text of Ordinance, see Ordinance B,oh No. 21, Page 434.) Hr. Bebber moved the adoption of the Ordinance. The notion was seconded by Hr. Rheeler and adopted by the f,Il,ming vote: AYES: Council members Carter, Davies, Dillard, Pichett, Nebber, Rheeler, and the President, Mr. Young .................. NAYS: None ............................ O. SEWAOE DISPOSAL: The City Raoager reported that he can see no future need for the old Rilliamson Road Sewage Disposal Plant and recommended disposal of the equipment and machinery at'the said plant which is lying idle and deteriorating. Mr. Carter moved to concur in the recommendation of the City Homager. The motion mas seconded by Hr. Davies nod adopted. BUDG£T~GRADE CROSSINGS: The City Ranager requested an appropriation of $50,000.00 from the General Fund to the Bridge Construction acc,ant of the Improvement Fund to provide for the payment of Progress Bill mi3 of the State Department of Highways in the amount of $15,170.23 on the Jefferson Street Grade Crossing Elimination Viaduct and Project and for future like bills expected to be received during the present year. Mr. Carter moved to concur in the recommendation of the City Ranager and offered the f,Il,ming emergency Ordinance: (s12834) AN ORDINANCR to amend and reordain Section n142, *Transfer to Improvement Fund',of the 195& Appropriation Ordinance, and providing for an emergency. (Forfull text of Ordinance, seeOrdinanceBooh No. 21..Page 435.) Mr. Carter moved the adoption of the Ordinance. The motion was seconded by Mr. Davies andadopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Rheeler, and the President~ Mr. Young .................. 7. NAYS: None ............................ :368 CLAIMS-PARiS AND pLAYGROUNDS: Council at its meeting of September 4, 1956, buying directed the City Attorae7 to icvestlgnte ned report cuu request or Mr. Jack D. Frye for reimburseweet of wedicul and hospitel costs amounting to $39.75 occasioned by his son being bitter by n monhey ut the Chlldren*s Zoo, the City Attorney reported that be has investigated the matter, and in his opinion, the ¢liy bas heel guilty or no negligence, and, consequently, is not liable in the Hr. Carter moved to rile the report or the City Attorney and deny the request of Hr. Frye. The motlcu was seconded by Hr. ~ebber and adopted. REPORTS OF CORNITTEES: INSURANCE: Council at its meeting of Septewber 4, 1956, having referred to a cowmlttee consisting or ~essrs. Roy L. ~ebber, Chairman, Herbert A. Davies and Arthur S. Owens rot study and recowmendation bids received rot insurance covering the city*s autowoblle fleet, the committee submitted its report, advising that the bid of Nationwide Insurance Companies is low, but recowmending that the bid of Nationmide Insurance Companies be rejected and that the City Hauager be authorized to renegotiate a contract with the Insurance Advisory Committee on such terns and conditions as the City Nauager and the City Attorney consider to be to the best interest of the city. Hr. #llliam P. Simopoulos, Resident Agent of Nationwide Insurance Coupanie~ appeared before Council and requested that since his bid is low that his firm be awarded the business considering the fact that it will effectuate a savings for the city. #r. Slnopoulos mas advised that the committee has gone intothe entire question, with all its ramifications, and has concluded that It is to the best interest of the city to handle its insurance through the committee which has heretofore handled the city*s insurance business. Hr. Carter moved to concur in the report of the committee, the contract to be worked out by the City Nanoger and the City Attorney with the Insurance Advisory Committee for presentation to Council for its approval before execution. The motion was seconded by Mrs. Pickett and adopted. SIDEWALK, CURB AND GUTTER: Council at its meeting or September 4, IV~b, having referred to a committee consisting of Messrs. Arthur S. Owens and H. Cleans Broyles the bid received from Hartman Construction Company for the construction of concrete curb and 9utter and sidewalk on Nllkins Street and Mayne Street, N. E., and on Salem Avenue, S. N., for study and recommendation, the committee - submitted its report, advising that the bid of Hartman Construction Compnny meets the city*s requirements and is comparable in price to the contract under which the city is constructing curb and gutter and sidewalk at various locations throughout the city during the present year, the committee recommendingthat the bid be accepted and the contract awarded to Hortman Construction Company in the amount of $6,180.25. #r. Dillard moved to concur in the report of the committee and offered the following Resolution: ,! (e12835) A RESOLUTION accepting tb proposal er Hartmun Construction Company, Ronlohe, Virginian for the construction of concrete curb ned gutter and sfdeualh gu #llbles Street and #eyrie Street, N, E** and on Salem Avenue, S. M., in the total sum of $0,190,251 end authorizing nnd directing the City Monsger to execute the requisite contract. (For tull text of Res~lution, see Resolution Oooh Mo. 21, Page 435.) Mr. Dillard moved the adoption of the Resolution, The motion uae seconded by Mr. Carter and adopted by the folloming vote: AYES: Council members Carter, Davies, Dillard, Pickett, Yebber, Mheeler, and the President, Mr. Young ................. 7. NAYS: None ........................... O. SUBDIVXSXONS: Council by Resolution No. 12493, adopted on the 19th day of September, 19S5, having created a committee consisting of Mr. Randolph U. Mhittle, Chairman, Mr. Herbert A. Davies, Mrs. Mary C. Pickett, Mr. Arthur S. Omens, Hr. Harry R. Yates, Mr, R. R. Quick and Mr. Thomas D. Taylor to study the Subdivision Ordinance of the City of Roanoke, and, thereafter, if deemed advisable, to recommend additions thereto or deletions therefrom for the consideration of Council, the committee submitted its report, making recommendation that the Subdivision Ordinance be amended os follous: 1. To prevent areas set aside for seepage from being altered, la any manner, so as to decrease drainage efficiency and to reserve unto ~he City of Roanoke the continuing right to go upon such areas and restore or, if possible, increase the seepage efficiency. Mhere it is impractical to get rid of drainage water and larger drainage areas are not required, to require the subdivider to install seepage pits or French drains. 3. Require the subdivider to provide curb and gutter of the type and to the specifications currently being installed by the City of Roanoke; provided, that mhere the installation of such type is not practical, valley gutters of u permanent type may be supplied. d. Require the subdivider to install a 5=inch compacted stone bane betMeen the curbs and pave the same with lO0-pound, double surface treatment, Virginia Department of Ilighways specifications. The committee further recommended that it be continued or that another committee be appointed for the purpose of continuing negotiations with officials of the County of Roanoke In the hope of persuading the Hoard of Supervisors to amend the county*s Subdivision Ordinance so that the County Ordinance will parallel the city's Ordinance within the three mile area of the county adjacent to the City of Roanoke. Mr. Mebber moved to refer the report of the committee to the City Planning Commission for study and recommendation. The motion Was seconded by Mr. Davies and udopted. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. MOTIONS AND MISCELLANEOUS DUSINESS: HOUSING AUTHORITY-LIBRARY BOARD: The City Clerk reported qualification of the following: Mr. John F. Newsom, Jr,, as a Commissioner of the City of Roanoke Redevelopment and Housing Authority to fill the unexpired term of Mr. Robert J. ~eybiu, Sr., deceased, said term ending Aogost 31, 19571 Mr. C. Fred Mangns as a · '/369 .370 Conmissioner of the City of ROlnoke Redevelopmeat uud BOllllg Authority for a tern or roar years beginning Septenber l, 1956~ nad Mrs, C. Grattao Lindsey, 'Jr., os a nenber or the Board or Directors or the Roanoke Public Library for u tern of three years beginning July 1, 1956. The reports were ordered filed. There being on further business, Council adjourned, COUNCIL, REGULAR MEETING. Monday, September 17. 1956. The Council of the City of Roanoke met in regular meeting la the Council Chamber in the Municipal Building, Monday, September 17, 1956, at 2:00 otclock, p. m.. the regular meeting hour, mith the President, Mr. Young, presiding. PRESENT: Council members Carter, Davies, Dillard. Pickett. Webber. and the President, Mr. Young .................. 6. ABSENT: Mr. Wheeler ............ 1. OFFICERS PRESENT: Mr. Harry R. Yates, City Auditor and Acting City Manager, Mr. James N. Kincanon, Assistant City Attorney, and Mr. J. Robert Thomas, City Clerh. INVOCATION: The meeting was opened mith a prayer by the Reverend C. J. Bright, Pastor of the Fairvlem Methodist Church. MINUYES: Copies of the minutes of the regular meetings held on Toesday, September 4. 1956. and Monday. September 10. 1956, having been furnished each member of Council, upon motion of Mr. Carter, seconded by Mr. Davies and adopted, the reading mos dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: SEWERS: The Purchasing Agent having previously advertised for bids for the construction of sanitary sewer in Norfolk Avenue, S. W., from First Street to Third Street, the following bids were received: Draper Construction Company, $36,g62.00; Miley H. Jackson Company, $43,085.00; and Pioneer Construction Company, Incorporated, $40,545.00. Mr. Dillard moved to refer the bids to a committee consisting of Messrs. Harry R. Vanes, John L. Wentworth and H. Cletus Broyles for tabulation, study and recommendation. The motion was seconded by Mr. Webber and adopted. BRIDOESoMAHER FIELD: The Purchasing Age~ having previously advertised for bids for the construction of a pedestrian bridge over Roanoke River between South Roanoke Park and Maher Field, the foil*ming bids were received: Wiley N. Jackson Company~ base bid $21,150.00, alternate bid $23,150.00; McDomall and Mood, Incorporated, no base bid, alternate bid $25,624.00; Pioneer Construction Company, Incorporated, no base bid, alternate bid $22,750.00; and Charles E. Via. Jr., Incorporated, no base bid, alternate bid $30,050.00. Mrs. Pickett moved to refer the bids to a committee consisting of Messrs. Herbert A. Davies, Chairman, N. B. Carter and H. Cletus Broyles for tabulation, study and recommendation. The motion mas seconded by Mr. Dillard and adopted. PETITIONS AND COMMUNICATIONS: MUNICIPAL COURT: The City Clerk presented a communication from the Chief Municipal Judge, advising that due to the increased work load in the Municipal Court it has become too burdensome for one Judge to handle the work load during the absence of the other by reason of vacation, sick leave or other necessary absences, aed. reqaestingthat Council appoint a Substitute Judge for the Municipal Court as provided for in Section 27 of the Charter of the City of Roanoke. ;372 Judge Beverly T..Fltaputrlch appeared before Council and stated that while the number or cases before the #eulolpal Court during 1955 was below that for the year 1954 the case loud is sou increasing rapidly, lad that due to changes il court procedures, individual cases are non taking sore tine than previously, and that both he and Judge Robert L. Quarles are reluctant to be away froB the office for vacations end sickness because of the work load on the other, which, ~s he has pointed out in bls letter, cannot be accomplished by one person. Hr. Rebber moved to table the Batter for consideration along with the appointment of other sunicipal officials at the meeting of Council on Septewber 24. 1956. The motion was seconded by Hr. Carter and adopted. REPORTS OF OFFICERS: DUDGET-MUNICIPAL COURT: The City Haaager reported that the request for a telephone extension in the Municipal Court submitted to Council at its meeting of September IO, 1956, was not sufficient, and recomnended an additional appropriation to cover the minimum additional cost of $6.70 for the remainder of the year. Mr. Mebber unwed to concur in the recommendation of the City Ranager and offered the following emergency Ordinance appropriating the sum of $10.00: (=12836) AN ORDINANCE to amend and reordaln Section =24, 'Municipal Court', of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Dooh No. 21, Page 439.) Hr. Nebber moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Rebber, and the President, Hr. Young ................... NAYS: None ..................... O. (Hr. Mheeler absent) BUDGET-LIBRARIES: The City Hanager reported that the Director of the Roanoh~ Public Library has requested an appropriation of $403.50 for the printing of five thousand pamphlets which would contain pertinent facts about the city. Rt. Carter moved to table the report. The motion was seconded by Mr. Davies and adopted. BUDGET-JUVENILE DETENTION HOME: The City Manager recommended an appropriatl of $300.00 to Hedical Expenses 1o the Juvenile Detention Home account of the 1956 budget for the remainder of the fiscalyear, advising that the entire amount will be reimbursed by the state. Rt. Davies moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~1283T) AN ORDINANCE to amend and reordain Section n31o 'Juvenile Detention Homew, of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 439.) Rro Davies moved the adoption of the Ordinance. The motion mas seconded by Mr. Dillard and adopted by the foil,sing vote: ALES: Council members Carter, Davies, Dillard, Pickett, Webber, and the President, Mr. Young ..................... NAYS: None ....................... O. (Mr. Rbeeler absent) GUDGET-MAGES-CITY EMPLOYEES: The City ManuRer reported that he finds it impossible to secure competent extra office help ut tie rate or $8.00 per day as provided under Reso~utio'n No. 10933, adopted by Council os January 22, 1951, end requested that the Resolution be amended to provide for a minimum rate of per day end u maximum rate of $11.00 per da7 for extra employees, Mr. Carter moved to concur in the request of the City Manager end offered the following Resolution: (u12030) A RESOLUTION authorizing heads.of departments of the Roanoke Municipal Government mbo find it necessary to employ extra clerical or stenographic help as provided for in the budget to pay said extra help on a per diem basis at the rate of a minimum of $8.00 per day and a maximum of $11.00 per day for actual tire morkedo depending on the experience of the enplcyee and the type of work required to be done; and revoking Resolution No. 10933, adopted on the 22nd day of January, 1951. (For full text of Resolution, see Resolution Book No. 21, Page 440.) Mr. Carter Roved the adoption of the Resolution. The motion was seconded by Hr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett. Mebber, and the President, Mr. Young ............................ NAYS: None .............................. O, (Mr. Nheeler absent) BUDGET-PURCHASE OF PROPERTY: The City Manager requested an appropriation of $150.00 to cover the commission Of Mr. T. BoRard Boyer as agent in negotiating the purchase of certain properties. Mr. Dillard moved to concur in the reqnest of the City Manager and offered the following emergency Ordinance: (~12839) AN ORDINANCE to amend and reordain Section ~143, "Departmental Equipment and Improvements", of the 1956 Appropriation Ordinance, and providing for au emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 440.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, and the President, Mr. Young ........ ~ ........... NAYS: None ...................... O. (Mr. Mheeler absent) Mr, Dillard then moved to direct the City Manager to handle future negotiations for the purchase of property through municipal employees, whenever possible, aod that in the event it becomes necessary to use agents therefor, authority should be procured from Council prior to their employment. The motion was seconded by Mrs. Pichett and adopted. BUDGET-CITY MANAGER: The City Manager requested an appropriation of $300.00 for extra help in the Manager*s account of the 1956 budget to provide for needed extra help in his office for the remainder of the year. Mr. Davies moved to concur in the request of the City Manager and offered the following emergency Ordinance: /:3,73 :374 (e12840) AN ORDINANCE to uneud and reordclu Section n3. 'lsnoger', of the 1956 ApPropriation' Ordiocuc'e'. 'cud proriding"fo; in emergency, (For ful'l text of Ordinance. see Ordinance Hook No. 2'1. Page 441.) Mr. ~u'eies moved the odoptlon of the Ordlnsnce'. The ri'onion w%s secooded by Ir. Carter uu~ adopted b! the full'cuing vo~e:~ AYES: Cons'cOl members Carte'r. Davie's',~Dil~lard, Pickett. lebber, and the President. Hr. Young ..... ~ ........... ~--~'. NAYS: None ..................... O. (Mr. Nbeeler absent) TRAFFIC-GRADE CROSSINGS-STREETS AND ALLEY~: The City Manager transmitted letter from the Virginia Deportment of Highwcys. advising that it will entertain the new bridge over the Norfolk end Nestern Rsllway Company tracks to U. S. Route 220. to the south of the city. os a proposed federal aid urban project in the City of Roanoke, said plan and surve~ to be on a SO-SO cost basis between the state and the city. and advising further that such a survey amd plan development nay take at least tuo years, the City Manager recommending that he be authorized to negotiate with the State Highway Repartnent for such a survey and study. Mr. Carter moved to direct the City Attorney to propers · Resolution carry~ out the recommendation of the City Manager and for the estimated cost thereof to be reported to Council prior to any agreement. The motion was seconded by Mr. Nebber and adopted. REPORTS OF CORMITTEES: MACES-CITY EMPLOYEES: The' Job Classification Committee submitted and recommended the adoption of z Resolution authorizing the said committee to correct minor inequities In the Job classification end pay schedule plan adopted by Council in Resolution No. 12812. offered the following Resolution: (n12841) A RESOLUTION authorizing the committee appointed by Ordinance No. 12651 and continued'by Resolution No. 12812 to correct inequities in the Job classification and pay schedule plan end to allow increases to full values. (For full text of Resolution.see Resolution Rook No. 21. Page 441.) Mr. Carter moved the'adoption of the Resolution. The motion was seconded by Mr. Davies and adopted by the follouing vote: AYES: Council members Carter. Davies, Dillard, Pickett, Mebber, and the President. Mr. Young .................. 6. NAYS: None .................... O. (Mr. Nheeler absent) ''The Job Classification Committee further recommended certain changes in Job classifications contained in the said pla'ri. offered the following Resolution: (#12842) A RESOLUTION making certain changes in the job classification and pay schedule plan adopted by Resolution No. (For full text of Resolution, see Resolution Rook No. 21, Page 442.) ' Hr. Davies moved the adoption of the Besolution. The motion wis secoeded by Mr. Carter and adopted by the rollomlug vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Dud the President, Mr. Young .................. 6. NAYS: None .................... O. (Mr. Wheeler absent) Yhe committee further recommended that as appropriation of $100.00 be made to cover the cost of advertising for employees, said appropriation to be made to the City Uanoger*s sccount of the 1956 budget. Hr. Carter moved to coacnr in the recommendation at the committee end offered the following emergency Ordinance: (xI2H43) AN ORDINANCE to amend and reordain Section z3, USaeagerW, of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 21, Page 443.) Hr. Carter moved the adoption of the Ordinance. The notion was seconded by Mr. Davies end adopted by the following vote: AYES: Council.members Carter, Davies, Dillard, Pickett, Webber, and the President, Mr. Young ................ 6. NAYS: None .................. O. (Mr. Mheeler absent) UNFINXSHED BUSINESS: ZONING: Council at its meeting of July 16, 1956, having referred to the City Planning Commission for study and recommendation a request of Mr. Morton Boneynan that Lots ?, 8 and 9, Oak View Heights, located in the 3600 block of Shenandoah Avenue, N. W., be rezoned from General Residence District to Business District or Light Industrial District, the City Planning Commission submitted its report, recommending that the said property be rezoned to a Business District and that Lot 10, Oak View Heights, owned by Mr. E. J. Wiumer, also be rezoned to a Business District. Mr. Webber moved to hold a public hearing at 2:00 o'clock, p. m.o October 15, 1956, In the Council Chamber, on the question of rezoning the property as recommended by the City Planning Commission, the attorney for the petitioner to prepare the notice of said hearing. The motion was seconded by Hr. Davies and adopted. STREETS AND ALLEYS: Council at its meeting of July 16, 1956, having referred to the City Planning Commission for study and recommendation a petition of Mr. Hans C. Land, requesting that a portion of Speedwell Avenue, N. ~., approximately 175 feet in length from the south line of Churchill Drive to a lO-foot alley in Block 7, Dorchester Court, be vacated, discontinued and closed, the City Planning Commission submittedits report, stating that In view of the opposition of the abutting property owners mbo has access to his lot from ~ld streets the Commission feels that his rights would be destroyed and that the street should remain as a public right-of-way;therefore, the Commission recommended that the request be denied. In this connection, the City Clerk advised that Mr. Andrem S. Coxe, Attorney for the petitioner, has requested a public hearing in the matter. 375 Mrs. Pickett moved to set a public heorieg on the request for 2;00 o'clock, p. m., October 15, 1956, lu the Couleil Chamber, the ottoroey rot the petitioher to prepare the eotice cf said hearing, The motion mss seconded by Mr. Mebber nnd adopted. ZONIRO: Council at its meeting cf July 30. 1956. having referred to the Cia Planning Commission for study and recommendation a petitlou o! Mr. Paxtoe C. Judge. et al. requesting that their properties located on Sycamore Avenue, S, E** west of WIlliauson Road. be rezoned from General Residence District to Business District, the City Planning Commission submitted its report, stating that In its opinion the properties are more suitable for business uses than for residential purposes and that the rezoning of them mill be a natural extension of the existing Business District; therefore, the Commission recommended that the request of the petitioners be granted and that Lots 33 and 34, Block A. #illismson Groves Map. also be rezoned to a Business District. Mrs. Pickett moved to set a public hearing on the rezoning as recommended by the City Planning Commission for 2:00 o'clock, p. m., October 15. 1956, in the Council Chamber, the attorney for the petitioners to prepare the notice of said hearing. The motion mas seconded by Mr, Carter and adopted. ZONING: Council at its meeting of August 13, 1956, having referred to the City Planning Commission for study and recomeendation a request of Mr. R. B. Mhitman that his property located at 1401 Melrose Avenue, R. M., be rezoned from Special Residence District to Business District, the City Planning Commission submitted its report, stating that in its opinion the immediate neighborhood in which the petitioner*s property is located should remain as a residential section mod that the area should be protected from business encroachments; therefore, the Commission recommended that the reqaest of the petitioner be denied. In this connection, the City Clerk advised that he has been unable to ,btm{ a statement from Mr. Mhitman as to whether or not he desires a public hearing in the matter. Mr. Davies moved to table the question until the next regular meeting of Council. The motion was seconded by Mr. Dillard and adopted. ZONING: Council at its meeting of August 13, 1956, having referred to the City Planning Commission for study and recommendation a request of George M. and Lena F. mGic,mb that Lots 12, 13 and 14. Block 2, Virginia Heights Map, located on the northwest corner of Memorial Avenue and Roanoke Avenue, S. M., be rex,ned from Special Besidence District to Business District, the City Planning Commission submitted its report, advising that in its opinion the reaoning of the property in question would depreciate the values of emisting homes in the area and that it would result in *spot' zoning; therefore, the Commission recommended that the request be denied. In this connection, Mr. R. T. Edmards, Attorney for the petitioner, appeared and requested that his client be permitted to withdraw the application for rezontng. Mrs. Pichett moved to concur in the request of Mr. £dmards and permit the withdrawal of the application for rex,ming. The motion was seconded by Mr. Davies and adopted. , ZONING: Council at its meeting of August 27,.1956, having referred to the City Planning Commission for study and recommendation u request or Home Dealers, Incorporated, that property located on the south side of Orange Avenue, N, between Raleigh Avenue ned Fifth Street, designated us Official Tax No, 2020216, be rea,ned from Genernl Restdeece District to Business District, the City Planning Ccmmlssien submitted its report, advising that it feels there is no need for business in the iumedlnte neighborhood and that the rex,ming of the lot would result in 'spot' zoning; therefore, the Commission recommended that the request of the petitioner be denied. In this connection. Hr. Ralph A. Glasgow, Attorney for the petitioner, appeared and requested that the tatter be tabled rot tm, meehs. Mr. Hebber moved to table the request of Hone Dealers. Incorporated, until the regular meeting of Council on October 1, 1956, The motion was seconded by Mr. Carter and adopted. ZONING: Council at i~meeting of September 10, 1956, baying referred to the City Planning Commission for study and recommendation n communication from Hedgelawn Nurseries, Incorporated, requesting that its property located on the west side of #illiauson Road, H. H., beam,em Broad Street and Epperley Avenue, be rezoeed from Special ~esfdence District to Business District, the City Planning Commission submitted its report, advising that in its opinion the reclassification of the lots in question will be in keeping with the overall Zone Plan for that section of the city and that the remaining lots in the block which front on Williamson Road should also be included in the fez,ming; therefore, the Commission recommended that Lots 1-13, inclusive, Hlock 1, ~edgelamn Map, be rezoned from Special Residence District to Business District. Mr. Dillard moved to set a public bearing for 2:00 o*clocR, p. m., October 22, 1956, in the Council Chamber, the attorney for tbe petitioner to prepare the notice of said hearing. The motion was seconded by Mr. Carter and adopted by the folloming vote: AYES: Council members Carter, Davies, Dillard, Pickett, and the President, Mr. Young ....................... NAYS: None .............. O. (Mr. Wheeler absent) (Hr. Webber not voting) BDDGEY-MEMORIALS-GRADE CROSSINGS: The request of the City Manager for an appropriation of $1o200.00 to cover the cost of. the installation of aplaque and memorial to be placed near or adjacent to the new bridge over the Norfolk and Hestern Railway Company tracks in honor of the late Milliams Pearce Hunter having beer laid over from tbe meeting of September 10, 1956, was again before Conncil. Wt. Hebber moved to table the matter until the next regular meeting of Council. Ybe motion was seconded by Mr. Dillard and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12630,.rezoning certain properties located on the westerly side of Maple Avenue, S. W., running through to First Street, from Special Residence District to Business District, having previously been before ;,378 Council rot Its first rending, read nad laid over, was n~nJa before the body, Ur. Carter offering the folloming for its second reading end final adoption: (n12830) AN ORDINANCE to amend nnd reenact Article I, Section 1o of Chapter 51 of the Code or the City of Roanoke, Virginia, in relation to Zoning. (For fall text of Ordinance. see Ordinance Book No. 21, Page 436.) Hr. Carter moved the adoption of the Ordinance. The motion mas seconded by Hr. Davies add adopted by the following vote: AYES: Council members Carter. Davies, Dillard. Pickett. Webber, end the President. Hr. Young .................. 6. NAYS: None .................... O. (Mr. Wheeler absent) STREETS AND ALLEYS: Ordinance No. 12831. vacating, discontineing and closin that portion of Maddoch Avenue and Yhorston Aveooe betmeen the mast side of Wilkins Street, N. E., and the east side of Lukens Street, N. E., having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Davies offering the following for its second reading and final adoption: (s12B31) AN ORDINANCE vacating, discontinuing and closing that portion of Maddock Avenue and Thurston Avenoe between the west side of Nilkins 5treat, N. and the east side of Luken$ Street, N. (For full text of Ordinance, see Ordinance Book No. 21. Page 437.) Mr. Davies moved the adoption of the Ordinance. The notion mas seconded by Mr. Dillard and adopted by the fo'llowing vote: AYES: Council members Carter. Davies. Dillard, Pickett, Webber. and the President, Br. Young ..................... NAYS: None ....................... O. (Mr. Wheeler absent) SIDEWALK, CURB AND CUTTER-STREETS AND ALLEYS: Council at its meeting of April 30. 1956, having directed the preparation of an Ordinance, accepting the offer of American Bakeries Company to donate o 5-foot strip of land in front of its property fronting ninety feet on Salem Avenue. 5. W** approximately 150 feet west of Fifth Street. Mr. Webber offered the following emergency Ordinance: (n12844) AN ORDINANCE authorizing the acceptance from American Bakeries Company, a corporation, of a conveyance of a strip of land on the north side of Salem Avenue, S. W.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 443.) Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies. Dillard, Pickett, Webber, and the President, Mr. Young ................ 6. NAYS= NoDe .................. OD (Mr. Wheeler absent) TAXES: Mr. Davies offered the following emergency Ordinance providing for reduction of one cent in the city*$ ad valorem tax rate: (s12945) AN ORDINANCE to amend and reordain Section I of Chapter 17 of the Code of the City of Roanoke, as heretofore amended, establishing the rate of and levying an annual tax upon all real estate and improvements thereon, upon all items of household tangible personal property enumerated in Section 58-D29 (9), ,! (IO), (11) ted (12) of the 1950 Code of Vlrglnlo, upon oll machinery and tools, including machinery and tools used in manufacturing and mining businesses, upon the tangible personal property of public service corporations except rolling stoch of corporations operating railroads by steam, and upon all other tangible personal property in the City, not exempt from taxation by law~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 444,) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Br. Carter and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, and the President, Mr. Yosng ................ 6. NAYS: None .................. O. (Mr. ~heeler absent) MOTIONS AND MISCELLANEOUS BUSINESS: NONE. Yhere being no further business, Council adjourned. APPROVED ~,/379 COUNCIL, REGULAR MEETING, Monday, September 24, 1956. The Coencll or the City or Roanohe met in regular meeting ie the Council Chamber lathe Municipal Uellding, Monday, September 24, 1956, at 2:00 e,clock, p. m., the regular meeting hour, mite the President, Mr. Young, presiding. PRESENT: Coeectl'uembers Carter, Davies, Dillard, Pickett, Webber, Mheeler, ned the President, Mr. Yoeeg ................... ?. ABSENT: None ........................... O. OFFICERS PRESENT: Mr. Arthur $. Omens, City Manager, Mr. Randolph G. Rhlttl~ City Attorney, Mr. ¥111iae F, Griggs, Assistant City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting mas opened mite a prayer by Captain John Roy Jones, Commanding Officer, Salvation Army. MINUTES: Copy of the minutes of the regular meeting held on Monday, Septenb* 17, lqS&, having been furnished each member of Council, upon motion of Mr. Davies, seconded by Mr. Dillard and adopted, the reading mas dispensed with and the minutes approved as recorded. HEARING OF CITIZEHS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: BUDGET-CITY GARADE: The City Manager reported that the appropriation for Utilities at the City Garage is insufficient and recommended that $750.00 be transferred from Tires to Utilities in the Garage account of the 1956 budget. Mr. Davies moved to concur in the recommendation of the City Manager and offered tee following emergency Ordinance: (~12846) AN ORDINANCE to amend and reordain Section ~gg, ~Garage*, of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 445.) Mr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted by the folloming vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Mheeler, and the President, Mr. Young ................ NAYS: None .......................... O. FUEL OIL: The City Manager reported that the Purchasing Agent has received bids for the fuel oil requirements of the City of Roanoke for the period from October 1, 1956, through September the respective lom bids, as follows: Hunter, Dean and Cummings, No. I Fuel 011, .145t per gallon, net, delivered, and No. 2 Fuel Oil, .135t per gallon, net, delivered; and Fuel Oil and Equipment Company, Incorporated, No. 6 Fuel Oil, .1135t per gallon, net, delivered. Mr. Dillard moved to concur in the recommendation of the City Manager and offered the following Resolution: (#12647) A RESOLUTION accepting the respective lom bids received for furnishing the fuel oil requirements of the City of Roanohe for the period from October 1, 1956, through September 50, 1957; and authorizing and directing the Purchasing Agent to execute the requisite contracts. (For full text of Resolution, see Resolution Book No. 21, Page 446.) Mr, Dlllord moved the adoption of the Resolution. The motioB mas seconded b7 Hr. Davies and odopted by the rolloming vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, lheeler, and the Presidemt, #r. Young .................... NAYSc None .............................. O, REFUNDS AND REBATES-LICENSES: Council at its meeting of September 10, 1956, having referred to the City Attorney roy his opinion a request of Nv. James ¥, Ressich, Tax Consnltant representing Br. Alfredo J. Covia, Sr., for the refund of cae-half and the abatement of the second half of a slot machine operators license which the applicant claims was erroneously levied, the City Attorney snbuitted his opinion, stating that he believes the Commissioner of the Revenue has properly interpreted and acted under the local License Tax Ordinance and that if the taxpayer disagrees mlth the Coumissioner°s action, as he does, his proper remedy is to defend the city*s action for collection of the tax rather than by his present appeal to Council. NV. Dillard moved to concur in the opinion of the City Attorney and to deny the request of Br. Bessick. The notion was seconded by Mr. Rheeler and adopted. REPORTS OF COMMITTEES: SERERS: Council at its meeting of September 17, 1956, having referred to a committee consisting of Messrs. Harry R. VaSes, Chairman, John L. Mentworth Sad H. Cletus BFoyles for tabulation, study and recommendation bids received for the construction of sanitary sewer in Norfolk Avenue, S. N., from First Street to Third Street, the committee submitted Its report, showing that the bid of Draper Construction Company, in the amount of $36,962.00, is low, and recommending the acceptance thereof. Mr. Davies moved to concur in the recommendation of the committee and offere the foiler inn Resolution: (g12646) A RESOLHTION accepting the proposal of Draper Construction Company, Roanohe, Virginia, for the construction of sanitary sewer in Norfolk Avenue, S. from First Street to Third Street, in the total sum of $36,952.00; and authorizing and directing the City Manager to execute the requisite contract. (For full text.of Resolution, see Resolution Book No. 21, Page 44T.) Mr. Davies moved the adoption of the Resolution. The motion mas seconded by Mrs. Pickett and adopted by the folloming vote: AYES: Council members Carter, Davies, Dillard, Pickett, NebbeF, Nheeler, and the President, Hr. Young ................... NAYS: None ........ ~ .................... O. BRXDOES-MAHER FIELD: Council at its meeting of September 17, 1956, having referred to a committee consisting of Messrs. Herbert A. Davies, Chairman, N. B. Carter and B. Cletos Broyles for tabulation, study and recommendation bids received for the construction of a pedestrian bridge over Roanoke River between South Roanoke Park end Maher Field, the Committee submitted its report, advising that the Md of Riley N. Jackson Company was the only bid submitted for using the 7-foot wide Norfolk and Nestern Railway Company steel dech, said btd being ':38~. .382 $21,150.00, iud that the Pioneer Construction Company, Incorporated, bid of $22,750.0U was the low bid received using prestressed concrete deck, the committee stating that niter careful considerntion it feels that it would be uneconomical nnd infeasible to conatruct the pedestrian bridge even ut the low bid submitted; therefore, the committee recommended that eli bids be rejected and that Ordinance No. 12503, adopted by Council ou September 26, 1955. be emended by deleting therefrom on appropriation of $11,000.00 for the construction of the pedestrian bridge. Nr. Webber moved to concur in the report of the committee and to direct the City Attorney to prepare an Ordinance providing for the amendment recommended therein. The motion was seconded by Wr. Davies end adopted. UNFINISHED BUSINESS: ZONING: Council at its meeting of August 13, 1956, having referred to the City Planning Commission for study and recommendation a request of the Nary Louise Home of the King's Daughters that its property located on the northmest corner of Patterson Avenue and Tenth Street, S. W., be rezoned from Special Residence District to Business District,' the City Planning Commission submitted its report, recommending that the request of the petitioner be granted. #r. Webber moved to hold a public hearing on the request at 2:00 o'clock, p. m., October 22, 19S6, in the Council Chamber, the attorney for the petitioner to prepare the necessary notice of said hearing. The motion was seconded by Hr. Dillard and adopted. BUDGET-MERORIALS-ORAUE CROSSINGS: Council at its meeting of September 1956, having tabled until its next regular meeting n request of the City Wanager for an appropriation of $1,200.00 to cover the cost of the installation of n plaque and memorial to be placed near or adjacent to the new bridge over the Norfolk and Western Railway Company tracks in honor of the late Williams Pearce Hunter, the matter was again before the body. Mr. Webber moved to receive the report of the City Manager and take the matter under consideration. The motion was seconded by Mr, Dillard and adopted. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: TRAFFIC-GRADE CROSSINGS-STREETS AND ALLEYS: Council at its meeting of September l?, 1956. having directed the preparation of a Resolution, authorizing the City Manager to negotiate with the Virginia Department of Highways for a survey and plan development covering a highway connecting link between the new Jefferson Street Bridge and U. ~. Route 220, to the south, Hr. Young offered the following Resolution: (a12849) A RESOLUTION authorizing the City Manager to negotiate with the Department of Highways of the Commonwealth of Virginia for the making of requisite surveys and the development of plans for an adequate connecting link between the Second Street, S.' E., terminus of the new viaduct and United States Route No. 220 to the south. (For full text of Resolution, see Resolution Book No. 21, Page 448.} Mr. Young muted the adoption of the Resolution. ?he motion was seconded by Rt. Davies and ~opted by the following vote: AYES: Council members Carter, Davies, Ulllard, Pickett, Nebber, Nheeler, nnd the President, #r. Young ............... ?. NAYS: None ......................... O. AIRPORT: Hr, Nebber, Chnirmnn of Conocil*s Airport Committee, presented a Resolution, providing for the ratification of an amendment to the grant agreement for ProJect Application No. q-44-O12-506 covering an airport improvement project, which amendment has been submitted by the United States Administrator o! Civil Aeronautics, Mr. Jebber advising that it is the recommendation of the Airport Committee that the amendment be ratified and offering the r. Il,ming Resolution: (z12850) A RESOLUTION ratifying nad adopting #Amendment No. I to Grant Agreement for ProJect No. q-44-O12-506' as submitted br the United States of America, Administrator of Civil Aeronautics, under date of September IO, authorizing the City Manager to execute said Amendment No. 1; authorizing the City Clerk to attest such execution and to affix the City*s seal thereto; and authorizing the City Attorney thereafter to execute the requisite certificates. (FaF full text of Resolution, see Resolution B,oh No. 21, Page 448.) Mr. ~ebber moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted br the following vote: ARES: Council members Carter, Davies, Dillard. Pickett, Yebber, Mheeler, and the President. Er. Young ................... 7. NArS: None ............................. O. MOTIONS AND MISCELLANEOUS BUSINESS: APPOINTMENTS: Council having previously tabled for consideration at its meeting of September 24, 1956, the appointment of various officers and board members, the matter was again before the body. Mr. Davies nominated Mr. J. Robert Thomas for reelection as City Clerk for a term of tmo years beginning October 1, 1956. There being no farther nominations, the Chair declared the nominations closed. Mr. J. Robert Thomas mas reelected as City Clerk for a term of tuo years beginning October 1, 1956, by the follomingvote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Nheeler, and the President, Mr. Young ........................ ?. NAYS: None .................................. Mr. Nheeler nominated Mr. Harry 8. rates for reelection as City Auditor for a tern of two years beginning October 1, There being no further nominations, the Chair declared the nominations close Mr. Harry H. rates was reelected as City Auditor for a term of two years beginning October 1, 1936, by the following vote: * AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Rheeler, and.the.President, Mr. Young ................. 7. NAYS: None ........................... O. Mr. Dillard nominated Mr. Randolph G. Whittle for reelection as City Attorne for a term of two years beginning October l, 1956. :383 ?384 There being no further nouinntlons, the Chair declared the nominations closed, Ur. Raudolpb G. Mhittle nas reelected as City Attorney for u tern of two yeurs beginning Dctober 1, 1956. by the follomlug vote: AYES: Council members Carter, Davies, Dillard. Pickett, Mebber. Nheelev. and the President, Ur, Young ............... 7. NAYS: None ......................... O. Ur. Young nominated Mr..Robert L, Quarles for reelection as a Municipal Judge to serve on the Municipal Court for a term of four years beginning October' There being no father nominations, the Chair declared the nominations closed. Mr. Robert L. Quarles was reelected ns u Municipal Judge to serve on the Municipal Court for a tern of four years beginning October 1, 1956. by the following vote: AYES: Council members C3rter, Davies, Dillard. Pickett. Mebber, Mheeler, and the President, Mr. Young ................ NAYS: None .......................... O. Ur. Mebber nominated Mr. S. Lewis Lionberger for reelection as a member of the Board of Appeal, as provided for in Section 108 of Yhe Official Building Code of the City of Roanoke, 1953, for a term of five years beginning October 1, 1956. There being no further nominations, the Chair declared the nominations closed. Mr. S. Lewis Lionberger was reelected as a member of the Building Code Board of Appeal for a term of five years beginning October 1, 1956, by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young ............... 7. NAYS: None ......................... Oo Mrs. Pickett nominated Rabbi Samuel R. Shillman for election as a member of the Board of Directors of the Roanohe Public Library to fill the unexpired term of Rabbi Morris ¥. Gruff, resigned, which term ends June 30, 1957. Yhere being ag further nominations, the Chair declared the nominations closed. Rabbi Samuel R. Shlllman was elected as a member of the Board of Directors of the Roanoke Public Library to fill the unexpired term Of Rabbi Morris M. Gruff, resigned, which term ends June 30,'1957, by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young .................. NAYS: None ............................ O. In the matter of the request of the Chief Municipal Judge for the of a Substitute Municipal Judge, Mrs. Pichett moved to table the request for consideration along with the 1957 budget. The motion was seconded by Mr. Dillard and adopted. HOUSIMG: The Mayor reported thor he has appointed Mr. Nilliam P, Booher es a Commissioner or the GitT of Rosnohe Redevelopment and Housing Authority to till the unexpired term o! Hr, Rsrceeu Thierry, deceased, uhlcb term ends August 31, 1950. STREETS AMD ALLEYS-SCHOOLS-PARKS AND PLAYGROUNDS: The City Manager reported that he bas caused the Planning Engineer to uithhold approval or a subdivision by Mr. T. #. Blair of a portion of the Shenandoah Life Insurance Company property located between Ross Laud and Shrine Hill Parh, south of Greenbrier Path Subdivision, because numerous property owners in the Greebrler Park and Hunters Home Subdivisions have registered an objection to the subdivision of HFo Hlair on the basis that the only access to Hr, Blair*s subdivision is over Hunters Road through their area, said Hunters Road having a twenty-six per cent grade~ City Reneger advising further that Hr, Hlair has proposed that a 60-foot roadway be constructed through Shrine Hill Pork paralleling those subdivisions referred to and the property of the Shenandoah Life insurance Company, connecting Glenhelu Road and Oregon Arenueo S. W.. and has offered to clear and grade that portion of the sam iroposed road between Shrine Street end the proposed street in his proposed subdivision, the City Manager advising further that this proposal has been before the City Planning Commission and the Roanohe City School Board and that both have concurred; therefore, he recommended that he be authorized to proceed with the establishment of the proposed roadway and to accept the offer of #r. Glair to clear and grade o portion thereof at his expense as outlined in his proposal. Mr. Webber moved to concur in the report and recommendation of the City Manager. The motion was seconded by Mr. Wheeler and adopted. There being no further business, Council adjourned. APPROVED '385 .386 COUNCIL, REGDLAR MEETING, Monday,~October 1, 1956. Yhe Couocll of the City of.Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, October 1, 1956, at 2:00 o*clocE, p. n., the regular meeting homr, with the President, Hr. Young, presiding. PRESENT: Council members Carter, Davies, Pickett, Mebber, Mheelero and the President, Mr. Young ..................... 6, ABSENT: Mr. Dillard .............. OFFICERS PRESENT: Hr. Arthur S. Owens, City Manager, Mr. Randolph G. Mhittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City ClarE. INVOCATION: The meeting was opened with a prayer by the Reverend Robert A. Nhltt, Assistant Pastor, First Baptist Church. MINUTES: Copy of the minutes of the regular ~eetlng held on Monday, Septemh~ 24, 1956, having been furnished each member of Council, upon motion of Mr. Carter, seconded by Mr. Davies and adopted, the reading mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON pIB LIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: BUSES: The City Clerk presented a communication from Mr. Charles A. Hubbard owner of the Roonoke-Starkey Bus Line, by his Attorneys, Martin, Martin and Dopkins, making application for permission to take on and discharge passengers. in the City of RoanoEe over the route of its bus llne, as provided for in Ordinance No. 12774, adopted by Council on the 16th day of July, 1956, and effective.October 15, 1956. Mr. Mheeler moved that the matter be referred to a committee to be appointe by the Mayor for negotiation with Mr. Hubbard and submission of its recommendation to Council. The motion was seconded by Mrs. Pickett and adopted. The Mayor then named a committee consisting of Messrs. Roy L. Mebber, Chairman, M. B. Carter, Herbert A. Davies, Arthur S. Owens and Randolph 6. Mblttle. ZONING: The City Clerk presented a communication from Mr. Arthur L. geaton by his Attorneys, Copenhaver, Edwards and Barrett, requesting that his property located go the east side of Hollins Road, N. E., between Missouri Avenue and Indiana Avenue, be reaoned from General Residence District to Light Industrial District. Mr. Carter moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Davies and adopted. · ZONING: The City Clerk presented a communication from Mrs. Georgia T. Meadows, by her Attorney, Mr. E. Griffith Dodsono Jr** requesting that her property located on the south side of Salem Turnpike, N. M** being Official Tax No. 2640315 BUDGET-CITY TREASURED: The City Clerk presented a communication from the City Treasurer, requesting that the 1956 budget be amended by elimlnnting there- fro. three bookkeeping machines and ns addressing machine et a cost or $33,322,05 end substituting therefor roar accounting machines at a cost or $11,900,00. to be used ia the preparation or tax tickets in his office. The city Clerk also presented copy of n letter from the State Compensation Board, approving the request of the Treasurer, subject to concurrenceby the City Council. Mr. Mebber moved to table the matter until the next regular meeting of Council and to direct the Clerk to request the City Treasurer and the Commissioner of the Revenue to appear before the body at that time. The motion mas seconded by Hr. Davies and adopted. REPORTS OF OFFICERS: SEWAGE DISPOSAL: The City #manger reported that he has reunited $1,900.00 from the County of Roanoke, being the approximate amount due the city as of Jane i30, 1956, for semage treatment charges against the county. The report mas'ordered filed. BUDGEToJUYENILE DETENTION ItONE: The City Manager reported that the appropriation for fuel for the Juvenile Detention Dome contained in the 19S6 budget is inadequate and requested an additional appropriation of $400.00 for that purpose. Hr. Carter moved to concur in the request of the City manager and offered the following emergency Ordinance: (~12851) AN ORDINANCE to amend and reordain Section u31, #Juvenile Detentiot Home#, of the 19SG Appropriation Ordinance, nad providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21. Page 450.) Mr. Carter moved the adoption of the Ordinance. The notion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Nebber, Wheeler, and the President, Dr. Young .................... 6. NAYS: None ...................... O. (Br. Dillard absent} STREET LIGHTS: The City Manager submitted a report, recommending the installation of seven 2500 lumen street lights at-various locations in the city. Mr. Davies moved to concur in the recommendation of the City Manager and offered the following Resolution: (#12852) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution, see Resolution Book No. 21, Page 451.) Mr. Davies moved the adoption of the Resolution. The motion was seconded by Mr. Carter and adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Webber, Wheeler, and the President, Mr. Young ................... 6. NAYS: None ..................... O. (Mr, Dillard absent) '~.388 PHNCflASE OF P&OPERTT-STREETS AND ALLaYS-WATER DEPARTMENT: Council at its meeting of Jsauory 16, 1956, having directed the City ManuRer to negotiate with the property owners rot the purchase of property for street purposes ou Hoover Street, N. M., west of Clifton Street° and Clifton Street, N. M.o between Hoover Street and Dudley Street, the City Manager reported that he has reached aa agreement with Mr. J. T. Robertson for the purchase or a triangular section of land Jutting into Clifton Street, N. M. 0 between Dudley Street and Pennsylvania Avenue, for a price of $100.00 cash, with the understanding that when Clifton Street is widened provision will be Bade to keep the street water off of Hr. Robertsou*a property, and recomnended that the property be purchased. Mr. Webber Bored to refer the waiter back to the City Menager for resegotia tion with Mr. Robertsoa with a view of eliminating the provisions concerning street water, and if unable to reach an agreement, to consider recommending condeunatlon of the property, and submit his report end recouuendation thereon. Tht motion was seconded by Mrs. Pickett and adopted. AIRPORT: The City Manager transuitted n request of The Cleaves Food Service Corporation that the city construct a glass wall enclosed room for a gift shop at the Roanoke Municipal Airport for use of said corporation and recommended that the matter be referred to the Airport Committee for stcdy and recommendation. Mr. Carter moved to refer the matter to a committee consisting of Messrs. Roy L. Webber, Chairman, Arthur S. Owens and Barry R. Yarns for study cud recommendation. The motion was seconded by Mr. Davies and ~opted. CITY JAIL: The City Manager reported that he and the City Sergeant have m~e studies of repairs necessary in the City Jail to modernize the plumbing as heretofore recommended by inspectors of the State Department of Welfare and Institutions and that In the opinion of the City Sergeant and himself an architectural firm should be employed to make a survey and estimate of the cost of the changes and alterations necessary, which be recommended. Mr. Carter moved to direct the City Manager to ascertain the cost of employing an architectural firm as recommended and submit his report thereon. The motion was seconded by Mr. Davies and adopted. BUDGET-JUVENILE DETENTION DOME: The City Manager reported that the State Department of Welfare and Institutions has approved the purchase of equipment and supplies necessary for the establishment of a dispensary at the Juvenile Detention Home in the amount of $924.21 on a basis of one hundred per cent state reimbursement, the City Manager recommending that an appropriation be made for that purpose. Mr. Carter moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (a12853) AN ORDINANCE to amend and reordaie Section u31, *Juvenile Detentlc HomeW, of the 19S5 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 21, Page 4SI.) Mr. Carter moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council newborn Carter, Davies, Pickett, Webber, Mheelev, and the Presideoh, Mr. Young .............. 6. . MAYS: Nose ................ O, (Mr. Dillard absent) BDDGET-AIBPOBT: The City Manager reported tkot the appropriation contained in the 1956 budget for the purchase of gasoline nod oil rot resale at the Roonohe Muoloipal Airport is insufficient and recommended UR additional appropriation of $10,000.00 to that account. Mr. Davies moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (u12054) AN ORDINANCE to amend and reordaln Section sOO, #AirportU. of the 1956 Appropriation Ordinance, and providiog for an emergency. (FaF foil text of Ordinance, see Ordinance Book Mo. 21, Page 452.) Hr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Nebber, Mheeler, and the President, Mr. Young ...................... 6. NAYS: None ........................ O. (Mr. Dillard absent) BUDGET-TAXES: The City Manager reported that the appropriation for the refund of taxes erroneously paid an carried.in the 1955 budget in inadeqaate and requested an approprlationof $1,000.00 to that account, the City Manager stating that the need for the additional funds has been brought about by changes in the state lan by the 1956 General Assembly. Mr. Robber asked if changes in the state law by the 1956 General Assembly would affect taxes levied for the curreot fiscal year. The City Auditor replied that the refunds which have brought aboot the request for the additional appropriation have been approved as to legality by the City Attorney. The City Attorney then stated that the items have been checked by his office and he is confident that they are in order. Mr. Carter moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~12fl55) AN ORDINANCE to amend and reordain Section =154, "Refnnds and Bebates~, of the 1956 Appropriation Ordinance, and providing for aa emergency. (For full text of Ordinance, see Ordinance Book No, 21, Page 452.) Mr. Carter moved the adoption of the Ordinance. The motion was seconded by Mr. Mheeler and adopted by the following vote:. AYES: Council members Carter, Davies, Pickett, Mheeler, and the President, Mr. Young ....... ~---~--~-~ ..... 5.~ . NAYS: Mr. Webber .......1. (Mr. Dillard absent) DOGS: The City Manager presented.an Ordinance, a~endiug and reordaintng Chapter 49 of the City Code, relating to dogs and cats, and repealing Ordinance No. 11737, as amended by Ordinance No. 12340, dealing with the immunization of dogs, which he.recommended be adopted. ~"389' 390 Nr. Jabber moved to set · public hearing on the proposed Ordlnsxce for 2:00 oteloek, p. w.. October 29. 1956. and to direct the City At*grimy to prepare the proper ua*ice of said hefting, to be preseoted to the City Clerk for publics*Iai The motion wes seconded by Mr. Davies nad adopted. CITY PMOPERTY-STBEETS AND ALLEYS: The City manager bcvisg presented to Council ct its meeting of January 5. 1953. a propossl or Nr. S. F. Woody to exchanges certain property owned by himself amd others with the city for frs storage lot. both lying os the north side of Sulew Avenue. S. W.. west of Third Street. and Involving the closing of au alley between Salem Avenue amd Norfolk Avenue. $. W** paro!lellsg and west of Third Street° nbicb matter was referred to the City Planning Commission for study amd recommendation, amd the City Planning Commission having subsequently under date or February 20. 1953. recommended that the change be affected end the alley closed.'at which time the matter was taken under consideration, the City Manager again preaeuted a request of Mr. Woody. offering to exchange said lands, to dedicate 347 feet of land for street widening purposes and requesting that the alley be closed. Mr. Nebber moved to refer the matter to the City Attorney to prepare the neceasar, documents carrying out the recommendation of the City gaaager and the City ?l~nnlng Connlsalon and to set a public hearing on the question of closing the said alley for 2:00 o'clock, p. n.. November 5. 1956. in the Council Chamber. The notion mas seconded by Mr. Davies and adopted. REPORTS: The City Manager submitted a report of the Department of Public relfare for the month of August. 195~. and repoFted other departmental reports on file ia his office. The report was ordered filed. REPORTS OF COMMITTEES: DEPOSITORIES: Council at its meeting of Jnne 19, 195~, having appointed a committee consisting of Messrs. ~arr, R, Yatcs, Chairman, J. H. Johnson and Randolph D. MbO*tie to study the question of making certain changes in Section 5, Chapter 21, of the Roanoke City Code, dealing with the security of bank deposits, as recommended by Mr. Earl A. Fitzpatrick, Attorney for local banks, the committee submitted its report, advising that the recent special session of the General Assembly amended Section 37 of the Charter of the City of Roanoke, providing that securities deposited in escrow by depository banks to cover the security of city funds may be held In custody by the Federal Reserve Oank of Richmond. Virginia. in accordance with aa, operating circular or circulars of such bank, the committee advising further that in view of this amendment it can see no objection whatever to amending Section 5, Chapter 21, of the Code of the City of Roanoke, in accordance.with the change in the City Charter, and submitted an Ordinance, providing for such amendment, which Jt recommended be adopted. Mr. Carter moved that Council concur in the report of the committee and that the following Ordinance be placed upon its first reading: (n12856) AN ORDINANCE to amend and reordain Section 5, of Chapter 21, of thc Code of the City of Roanoke. as amended. In relation to bonds of public depositories. BE IT ORDAINED by the Council or the City or Roanoke that Section 5, or Chapter 21, of the Code of the City or Roanoke. ss ameeded, be amended end reorduine to read es follows: SEC. 5. BONDS OF DEPOSITORY. No moseys, either current or time deposit rands, shall be deposited in any or said bseks until such depository shall have deposited with the Treasurer or the city as lsdemoity against loss, by reason or failure or ney such depository, bonds or the Uelted States government, State or Virginia, or any city or the first class within the State or virginia having a current market value or one hundred and rive per centum of the total amount of money of the city on deposit with such depository; provided, however, that in accordance with the provisions or Section 37 of the Charter of the City of Roanoke. as smeoded, the said City Treasurer may permit securities pledged by the depositories of City rands to be held in custody by the Federal Reserve Dank or Richmond, Virginia. in accordance with any operating circular or circulars of such bank. Any of said banks, however, may. in lieu or making deposit of such bonds, execute a bond with a guaranty or surety company, authorized to do business in this State. as surety, in the penalty of at least one hundred and five per centum or the total amount of money of the city on deposit with such depository, with the condition that such bank will faithfully account rot and pay over, when and as required, whatever amount may be on deposit in said bank to the credit or the city, and shall indemnify the city against any loss that may be incurred by reason or the failure of any such bank to return the funds of the city, as nnd when the same may be demanded. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Pickett, ~ebber, ~beeler, and the President, Mr. Young ........................... NAYS: None ............................. O. (Mr. Dillard absent) UNFINISHED BUSINESS: ZONING: Council at its meeting of September 17, 1956, having tabled for consideration at its meeting or October 1, 1956, the request of Mr. Ralph A. iGlasgow and Home Dealers, Incorporated, that their properties located on the isouth side of Orange Avenue, N. ~., between Raleigh Avenue and Fifth Street, he rezoned from Ceneral Residence District to Business District, the matter was again before the body. The City Clerk presented a communication from Mr. Ralph A. Glasgow, request- tag that the matter be laid over for an additional two weeks in order that he may have more time to go into the question. Mr. Carter moved to concur in the request of R£. Glasgow and table the mattel nntil the seating or October IS, 1956. Tho motion was seconded by Hr. Davies and adopted. ZONING: Conncll at its meeting or September 17, 1956, having tabled until its next regular meeting the request of Mr. R. B. Mhitman for rezonieg or his property located at 1401 Relrose Avenue, N. M., from Special Residence District to Business District, in order that the City Clerk might ascertain whether or eot Mr. Rhitman desires a public hearing in the matter, the question was again before the body. ,a9.1 .:392 The City Clerk reported thct Mr. Rkltmsu does uot desire a public hearing. Mr. Carter moved to concur In the recommendation or the city Planning Commission and deny the request. The motion was seconded by Mr, Davies amd adopted. CONSIDERATION OF CLAIMS: NONE. · INTRODUCTION AND COnSiDERATiON OF ORDINANCES AN5 RESOLSTISNS: nRIDGES-STADIDR-UARER'~IRLD: Councii'at its meeting or September 24. having concurred in the report of its committee, mhi;h recommended deleting from Ordinance ~o. 12503 an appropriation of $11,O00. DO for the' construction of a pedestrlau bridge over Roanoke River. betmeen South Roanoke Part and Maker Field. Mr. Davies moved that the following Ordinance be placed upon its first rending: (m12857) AN ORDINANCE amending Ordinance No. 12503 by deleting therefrom the authorization therein to the City Manager to proceed to accomplish the installation of a steel pedestrian bridge over Roanoke River. MHEREAS, agreeable to the authorization contained fa Ordinance No. 12503 to the City Manager to proceed to accomplish the installation of a steel pedestrian bridge over Roanoke River connecting the stadium and athletic grounds to South RoanoRe Park, with necessary appurtenances, at a cost not to exceed $11,000.00, the said City Manager, on two occasions, publicly advertised for bids for such installation; and RDERE~S, on both occasions each bid received for such installation far exceeded the last-mentioned sam heretofore authorized therefor; and RDEREAS, the Committee appointed to tabulate the bids for the installation of such bridge, opened before Council on September 17, 1956, recommend~ that all bids be rejected and that Ordinance No. 12503 be amended by deleting therefrom the construction or installation of such n pedestrian bridge; in mhlch recommendation this C~uncil concurs; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) That Ordinance No. 12503, adopted by this Council on the 26th day of September. 1955~ be, and the same is hereby, amended in the following re~peets That the first needed public improvement at Roanoke Municipal Stadium and Athletic Field therein authorized and described as follows, viz.: MI. Installation of steel bridge, donated by the Norfolk and Western Railway Com- pany, or an alternate bridge approved by the Council of the City of Roanoke, over Roanoke River connecting the sta- dium and 5thletic grounds to South Roanoke Park, with necessary appurtenances thereto ................ cost, $11,000.00w be, amd the same is hereby, deleted. R£ IT FORTflER ORDAINED that in all other aspects the aforesaid Ordinance No. 12503 shall remain in fall force and effect. Zbe motion wasseconded by Mr, Carter and adopted by the following vote: AYES: Council members Carter, Davies* Pickett, Webber, Wheeler, and the President, Mr. Young ............. ~ .... NAYS: None .................... O. (Mr. Dillard absent) .! Mr. Webber then moved to direct the City Attorney to prepare · Resolution rejecting all bids received for the construction of such a b~ldge by Council at its meeting or September 17, 19S6,. The motion nas seconded by Mr. Davies nad adopted. Mr. Webber then moved to appoint · committee consisting of Messrs. Herbert A. Davies, Chnirmsu, John L. Wentworth and R. Cletus Rroyles to continue the study for the construction of n bridge over Roanoke River to connect South Roanoke Park and Maher Field and report its recommendations thereon. ~Tbe motion mas seconded by Mr. Mheeler and adopted. Mith further reference to the matter, Mr. Wheeler stated that he attended the football game between Jefferson Senior fligh School and Milliau Fleming nigh School at the Municipal Stadium on Friday, September 23, 1956, at which he noticed the difficulty citizens had in getting out or and away from the stadium enclosure, aa well as getting into the stadium prior to the game. Hr. Webber stated thnt he also attended the game and e~perienced the same difficulties and moved to direct the City Manager to study the possibility of additional means of ingress and egress at Raher Field for both pedestrian and vehicular traffic. The motion mas seconded by Hr. Wheeler and adopted. MOTIONS AND WISCELLANEOVS BVSIN£SS: APPOINTMENTS: The City Clerk reported the qualification of the folloming: Rt. J. Robert Thomas as City Clerh of the City of Roanoke for a term of two years beginning October 1, 195§. Mr. Harry R. Yarns as City Auditor of the City of Roanoke for a term of two years beginning October 1, 19S6. Mr. Randolph G. Mhittle as City Attorney of the City of Roanoke for a term of tmo years beginning October 1, Mr. Robert L. Queries as a Manicipal Judge to serve on the Municipal Comet for a term of four years beginning October 1956. Mr. S. Lewis Llonberger as a member of the Board of Appeal, as provided for in Section 103 of The Official Building Code of the City of Roanoke, 1953, for a term of five years beginning October 1, Rabbi Samuel R. Shillman as a member of the Board of Directors o~ the Roanohe Public Library to fill the unexpired term of Rabbi Morris M. Greif, resigned, ending June 30, 1957. Mr. William P. Booker as a Commissioner of the City of Roanoke Redevelopment and HoRsing Authority to fill the unexpired term of Mr. Marceau Thierry, deceased, ending August 31, 1953. The report was filed. STATE BIGHMAYS MITHXN CITY LIMITS: Mayor Young stated that he attended a meeting on September 30, lgS~, at Columbus, Ohio, comte'ruing federal interstate highway system, and that in him opinion the City of Roanoke has tahen all the steps necessary at tbJs tlme and cae be assured that a spur will be coestrncted from the proposed interstate highway on the north into the city, LEAGUE OF VIRGINIA MUNICIPALITIES: Mrs. Pickett stated that the meeting of the ¥irgfnia League of Municipalities held in Roanoke during the previous Meek was very successful due to the efforts of many city e~ployees and moved that Ceuncil record i'ts appreciation of the efforts of those employees. The motion mas seconded by Mr. Mheeler and adopted. '.393 394 PURCHASE OF PROPERTY-MATER DEPARTMENT: The City Manager reported that he hot been leg*tinting mith the TIRes-World Corporation for the purchase of the B~BJ Rodio Duildiog on the south side or Kirk Avenue, S. M** east or Sec*ed Street, os aB ,trice building rot the Mater Department, end that the TJBes-Morld Corporotion has offered the bulldleg at · price or $100,000.00, which he reconmeeded Council coosider. Mr. Carter moved to oppoint a comBlttee consisting or Malor Young, ChoirBan~ Nessrs. Derbert A. Davies, John L. Meetwortb, Arthur S. Ovens ned Gilbert D. Ruston to make a study or the proposal and subult its reconmendotions tO Council. The motion was seconded by Mr. ~heeler end adopted. OFFICE DOORS-CITY E#PLO~EES: Mayor Young directed the City Clerk to read Resolution No. 12146, adopted by Couocil on the 24th day of Nay, 19540 culling the attention or oil city officials and department heads to Ordinance No. 11927, especially Sections 3 and 4 thereof, adopted by Council on the Otb day of Septenber, 1953, and directing them and all personnel under their supervision to couply with the last mentioned sections. The Nayor stated that the Resolution has been ruud in response to requests of menbers of Council because of reports they have received that some officers end enplolees are not couplying with the office hours established by Council and that Council meshes to bring the matter to tho attention of the city officials and employees again. There being no further business, Council adjourned. APPROVED COUNCIL, REGULAR MEETING, Honday, October 8, 1956. The Council of the City or Roanoke met ia regular meeting in the Council Chamber in the Municipal Building, Monday, October O. 1956, at 2:00 o'clock, p. m** the regular meeting hour, with the President, Mr. Yooog, presiding. PRESENT: Council members Carter, Davies, Pickett, Hebber. Hheeler. and the Presideot, Mr. Young ............................ ABSENT: Hr. Dillard ..................... 1. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr, Randolph G. Mhittlc City Attorney, Mr. Harry R. Yokes, City Auditor, and Mr. J. Robert Thomas. City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend James Burford. Pastor of the Bonsach Methodist Church. #INUTES: Copy of the minutes of the regular meeting held on Monday, October 1, 1956, baying been furnished each member of Council, upon notion of CaFter, seconded by Hr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND.COMMUNICATIONS: STREET LIGBTS: The City Clerk presented a communication from the Appalachial Electric Power Company, transmitting a report showing the installation of three 21000 lumen street lights and the removal of three 2500 l~men street lights in the c~ty during the month of September, 1956. The communication and report were ordered filed. BUDDET-SIDEMALK, CURB AND GUTTER-PARES AND PLAYGROUNDS: The City Clerk presented a communication from the Garden City Civic League, requesting that funds be included in the 1957 budget for the installation of sidewalh, curb and gutter on the west side of Garden City Boulevard, S. E., between Gearhart Road and Yellow Mountain Read; the installation of curb and gutter on Reynolds Road, S. E.; and, also, for the development of a park on the Muse property to serve the Garden City and Blverdale sections. Mr. Carter moved to refer the matter to the City Manager for study and recommendation in couaecttonwith the 1957 ~udget. The motion was secgnded by Mr. Davies and adopted. REPORTS OF OFFICERS: · PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager having.been directed by Councilat its meetingof Joly 30, 19S&, to make appropriate.offers for the necessary land for the widening of Vintou Mill Road, N. E** at Carvin Street, to provide an adeqoate radius'for the curve oo the north aide, he reported that the J. £, Barbour Estate has agreed to convey to the city approximately 2,800 square feet of land from Lot 23, Bloch 11, Idlewild Path, at a price of $275.00, and that Mr. Norman H. Croxford has agreed to convey a small triangular parcel of land from Lot 22, Block 11, Idlewtld Park, at a price 396 of,$50.00, both landowners agreeing to · 15-foot slope easement ca tke remainder or their properW, the City #ausger recommending that the offers be accepted. Mr. Davies moved to concur iR the recomweudutioe of the City Manager and to direct the City Attorney to prepare the necessary Ordinulco providing rot the purchase of the said property. The motion was seconded by Mr. Carter end edopted~ STREETS AND ALLEYS: The City Manager reported that Blue Ridge Optical Company, lucorporatedo has offered to convey to the City of Roaeohe u strip or lard five feet wide and dnety-six feet in length along the nest side of First i Street. S. R., extending aontbward from Day Avenue. provided the city will widen said First Street by using the strip of land donated and will also widen Oaf Avenue on the south side u distance of one hundred thirty-seven feet west from First Street, S. ~.0 using the five-foot strip heretofore acquired from said company, and in addition, relocate sidewalks and provide crossings for parring areas from both Day Avenue and First Street. the City Manager recommending that the offer he rejected. Hr. Mheeler moved to concur in the recommendation of the City Manager and reject abe offer of Blue Ridge Optical Cowpauf, Incorporated. The motion was seconded by Mr. Davies and adopted. BUDBET-BRIOOES: The City Manager requested that $1,000.00 be transferred from Materials and Supplies to Contractors in the Bridge Repair account of the 1956 budget, advising that recent damages to the Tenth Street Bridge depleted the appropriation for contractors. Mr. Carter moved to concur in the request of the City Manager ond offered the folloming emergency Ordinance: (n12858) AN ORDINANCE to amend and reordain Section =83, "Bridge Repair", of the I 956 Appropriation Ordinance, and providing' for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 454.) Mr. Carter moved the adoption of the Ordinance. The motion was seconded by #r. Oavies and adopted by the following vote: AYES: Council members Carter, Buries, Pickett, ~ebber, Mheeler, and the President, Mr. Young .................. 6. NAYS: None .................... O. (Mr. Dillard absent} BUDGET-LIBRARIES: The City Manager reported that he has received $439.00 from insurance companies, covering damage to the old City Library Building in Elnmood Park caused by fire, and requested that this amount be appropriated to Maintenance of City Property In the 1956 budget to corer the cost of repairing the said building. Mr. Davies moved to concur in the request of the City Manager and offered the following emergency Ordinance. (u12859) AN ORDINANCE to amend and reordaln Section nST, "Maintenance of City Property", cf the 1956 Appropriation Ordinance, and providing for aa emergency. (For full text of Ordinance. see Ordinance Book No. 21, Page 45§.) -! e_ Hr. Davies moved the adoption of the Ordinance, The motion was seconded by Hr. Mheeler aid adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Mebber, Mheeler, and the President, Hr. Young .................... NAYS: No.ne ...................... O. (Mr. Dillard absent) BRIDGES-STATE HIGHWAYS MITHIN CITY LIMITS: The City Manager presented a proposed Resolution, authorizing him, for and on behalf or the city, to enter into a contract with the Commonwealth of Virginia, Department or Highways, for the maintenance of City-Line bridges by the Commonwealth. Mr. Mebber moved to direct the City Attorney to amend the proposed contract to provide for approval by the City lanager prior to the performance of any maintenance work thereunder by the Commonwealth. The motion mas seconded by Mr. Mheeler and adopted. STATE IIIGHMAYS NITtlIN CITY LIMITS: The City Manager advised that he believes prompt action on the part of the city is necessary to assure early participation by the city in the Federal Urban Inter-State Hlghmay program and recommended that a Resolution be adopted authorizing him to initiate necessary steps for a spur road, said Resolution to include the following: 1. Survey and Study. 2. Tentative Location. 3. To work with Federal and 5tare Authorities toward the culmination of the project. 4. Incorporate in Resolution to secure Council*s authorization before any financial obligations are made. Hr. Davies moved to direct the City Attorney to prepare a Resolution providing for the authority requested by the City Manager. The motion was seconded by Mr. Carter mod adopted. REPORTS OF COMMITTEES: PURCflASE OF PROPERTY-MATER DEPARTMENT: Council at its meeting of October 1, 1956, having appointed a committee consisting Of Mayor Nalter L. Young, Chairman Messrs. Herbert A. Davies, Arthur $. Owens, John L. Mentworth and G. H. Ruston to study the question of acquiring the NDBJ Studio building and adjacent property owned by the Tlmes-Morld Corporation located on the south side of Kith Avenue, S. N., east of Second Street, as an office an~ headquarters building for the Mater Department, and to submit its report and recommendations thereon, the committee reported as follows: *Your committee, considering only the benefits and needs of the Mater Department, has examined tho property and studied the building located thereon, and has concluded that the said building is me)l constructed and in excellent condition, equipped with modern heating and air conditioning equipment. lhlle the building has approximately 8,000 square feet of space, the asuable part contains approximately 6,000 square feet, which is the amount of area needed by the Mater Depart- ment. Me believe that the property is well morth the price of $I00,000.00 being asked by the owner. The tax value of the property is $91,039.00. Using the criteria of one-third of actual value for tax purposes would place the appraised value of this property at $243,117.00. /,397 t:39B If the property is purcbosed by the Meter Departmelt for use ns offices and heudqaarters, the cost will be ns follows: Psrcbnse of property $100,000. O0 Alterations and moving 20,0OO,OO $12b.ooo. oo Less sale of Salem Avenue Mater Depnrtuent property 3OtOOOrOO Net cost ~ 9OtOOOTOO If the present property of the Meter Department, located on Salem Avenue, is to be retained sad modernized, it will in building containing not less than 6,000 square feet of usable space. This we estJwate to cost the folloming~ Construction cf nee building $100,000.00 Wowing and rental of temporary quarters during construction IS,O00TO0 Net cost ~115,000,00 Me considered the possibility of repairing the present building on Salem Avenue, but concluded that such a course was impracticable and would be a waste of funds. Me believe that it will be difficult to acquire property for use of the Mater Department offices, with a reasonably central location, at a price near to the cost of those presently under consideration. The location of the Kirk Avenue property as compared to that of the Sales Avenue site was considered, and your committee feels that there may be some advantage of convenience to the public in the ItOBJ Building. The WOBJ property now pays a tax of approximately $2,200.00. This we believe, for practical purposes, will be offset by the tax on the Salem Avenue property when sold and a building erected thereon. The purchase of the property under consideration can be financed from the Water Department Replacement Reserve account, to which account would be paid the money received from the sale of the Salem Avenue property. We, therefor, recommend that the offer of the Times-World Corporation to sell to the city its KDBJ Studio Building and the adjacent lot for a cash consideration of $100,000.00 be accepted, and the said property acquired as an office and headquarters building for the Mater Department; and that after the building bas been altered and the Mater Department headquarters moved therein, the Mater Department property at Twenty east Salem Avenue be sold." Mr. Webber stated that the committee report Indicates a thorough study cf the question has been made, but that, in his oplnioe, the financial structure of the Water Department as indicated by the City Auditor*s Angnst financial report does not Jus[ify the expenditure of $1OO',O00~O0 for the pnrchase of the property, Mr. Webber stating further that be feels that if new quarters are to be provided for the Water Department headquarters, a new building designed for that purpose should be constructed; therefore, he moved to take the report of the committee under consideration. The motion was seconded by Mr. Davies. Mr. Carter then offered a substitute motion to concur ia the report of the committee and to direct the City Attorney to prepare the necessary Ordinance Pickett. Mr. Davies then withdrew his second to the original motion. Mr. Webber pointing out that the Mater Department income has increased by $381,000.00 and its debt reduced by $2,000,000.00 since 1950 and that no reduction bas been sade in water rates, then mored to amend Mr. Carter*s motion by adding thereto the following: "and in view of the assumed availability of funds for the purchase or the propertyl utter rites be reduced b7 twain! per cent'. The lOtiOn to emend ~as seconded by Nr. Wheeler ted lost b7 the following vote: AYES: Hr. Webber ................. l, NAYS: Council wembers Carter, Davies. Pickett, Nheeler, and the President, Hr. Toung ....... ~ .............. S. (Ur. Dillard tbseit) Hr. Carter's notion wes then stated ted adopted b! the following vote: AYES: Council members Carter, Davies, Pickett, Wheeler, end the President, Hr. Young ...................... 5. NAYS: Hr. Webber ....... 1. (Hr. Dillard absent) UNFINISHED BUSINESS: BUDGET-CITY TREASURER: Council at its meeting o! October 1. 1956. having tabled until its next regular meeting a request oF the City Treasurer that his 1q56 budget be amended by eliminating therefrom $33,322.05 for the purchase or certain business machines nnd substituting therefor $11,qO0. O0 for the purchase of four accounting machines, the matter was again before the body. Hr. J. H. Johnson. City Treasurer, appeared before Council and stated that present machines in use in his office forthe writing of tax tickets are prtctically worn out with age. one of then being twenty years old. and need immediate replacement to assure his ability to send tax tickets out on time, Hr. Johnson stating further that the equipment originally provided for the preparation of tax tickets .and the tax rolls in the 1~56 budget is, in his opinion, inadequate and will not produce legible copies in the quantity needed. whereas, the type of machine presently used in his office has proved satisfactory and that he does not reconnend changing the procedures now In effect until completely adequate equipment is available. In answer to a question by the Hayor. Hr. Johnson stated that the machines he proposes to buy at this tine will not aid the Commissioner the preparation of the tax books. Hr. James A. Armstrong, Commissioner of the Revenue. then appeared and stated that he has not changed his opinion about the purchase of the machines originally approved and still feels that the system designed for use by the said machines would speed up the operation or assessing taxes and writing the tickets, but that ir the present request of the City Treasurer is approved he is not sure that the equipment contained in the original appropriation for use by his office will be Justified, The Hayor asked Hr. Arnstrong what his office will need In the way of new equipment if Council approves the present request of the Treasurer, to which the Commissioner replied that he Is not sure at this point whit will be needed, but that he thinks the day is rapidly approaching when mechanical equipment will have to be purchased for writing of the tax rolls by his After some discussion, H~. Webber moved to concur in the request of the City Treasurer and that the following Ordinance be placed upon its first reading: (n12860) AN ORDINANCE to amend and reordain Section sS, "Treasurer", of the 1956 Appropriation Ordinance. :i.~399 ,400 ME IT ORDAINSD by the Council or the City of Roanoke that Section 'Treasurer', of the 19$6.Approprfotiou Ordlosuce, he, nad the same la hereby amended and reorduined to read aa folloms, in part: TREASURER 3 Typewritiog Bookkeeping Mackioes with additional Form Mars (2) .............................. O£LET£O I Accounting Addressogroph Machine with Supplies, Plates, and Cabinets (2) .................... DELETED 4 Accounting Machines (2) ............................... $ 11o900.00 (2) One-third reimbursed by State. The motion was seconded by #r. Carter and adopted by the following vote: AYES: Council members Carter, Plchett, Webber, and the President, Mr. Young .................................... 4. NAYS: Messrs, Davies and Wheeler-R, (Mr. Dillard absent) SUBDIVISIONS: Council at its nee*iud of September 10, 1956. having referred to the City Planning Commission for study and recommendation a report of u committee making certain recommendations for changes in the cltyts Subdivision Ordinance, the City Planning Commission submitted its report, stating that it approves the committee's recommendations with the following exceptions: A. In regard to Item 3, insert the underscored words: Require the subdivider to provide curb and gutter of the type and to the specifications currently being installed by the City of Roanoke; provided, that where the installation of such type is not practical, as may be determined by the Director of Public Works and the City Enqiueer, valley gutters, of a permanent type may be supplied. B. In regard to Item 4, the Commission recommends that the '100 pound double surface treatment# be reduced to MO-pound surface treatment, the paragraph to read ns follows: Require the subdivider to install a 5-inch compacted stone base between the curbs and pave the came with BO-pound surface treatment, Virginia Department of Highways' specifications. Mr. Webber moved to table the report of the City Planning Commission for further consideration. The motion was seconded by Mr. Wheeler and adopted. Mr. Webber then moved to set a public hearing for 2:00 o'clock, p. m., Hovember 5, 1956, in the Council Chamber, on the question of amending the Subdivision Ordinance as recommended by the connittee and as amended by recommendation A of the City Planning Commission and that the City Attorney be directed to prepare proper notice of said hearing and deliver It to the City Clerk for publication. The motion was seconded by Mr. Davies and adopted. ZONING-SETBACK LINES: Council at its meeting of December 5, 1955, having referred to the City Planning Commission for study and recommendation the question of establishing building setback lines in the fire zone of the city, the City Planning Commission submitted an interim report, recommending the establishmen~ of a 3-foot setback line on both sides of Church Avenue from Second Street, S. E., to Second Street, S. W., the Commission advising ~hat several property owners on Church Avenue, in the area concerned, have agreed to dedicate land for future widening of the street and that one property owner has plans to construct a hem buildiug ia the urea in the neur future for which reusoa the Commission further recommended thut Council tahe action on its recomweadutioa ut the earliest possible moment. Nr. Yebber moved i* set a public hesriug os the estubliskmeut of setback lines on both sides of Church Avenue between Second Street, S, E.. and Second Street, S. N** or not less than three and not more than five feet. roi 2:00 *icl*ch, p. w,, October 29, 1956. in the Coue'cil Chamber, and to direct the City Attorney to prepare the proper notice of said bearing and deliver sene to the City Clerh for publication. The motion was seconded by Mr, Davies and ed*pied. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RES*LOTIONS: DEPOSITORIES: Ordlnence No. 12856. amenalng and reorduiuing Section Chepter 21. of the Code of the City of Roanoke. as emended, in reletion to bonds of public depositories, bering previously been before Councillor its first reading, reed and laid over, mas again before the body. Mr. Davies offering the following for its second reeding and final ed*pti*n: (=12856) AN ORDINANCE to amend and reordaln Section S, of Chapter of the Code of the City of Roanoke, as amended, in relation to bonds of public depositories. (For full text of Ordinance, see Ordinance Book No. 21, Page 453.} Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by #rs. Pickett and adopted by the following vote: AYES: Council members Carter, Daries, Pickett, Nebber, MAeeler, and the President, #r. Young .................... 6. NAYS: None ...................... O. (NF. Dillard absent) BRIDGES-STADIUH-NAHER FIELD: Ordinance No. 12857, amending Ordinance No. 12503 by deleting therefrom the authorization therein to the City Haneger to proceed to accomplish the installation of a steel pedestrian bridge over Roanoke River between South Roanoke Park and Maher Field at · cost not to exceed $11,000.00, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Carter offering the following for its second reading and final adoption: (=12857) AN ORDINANCE amending Ordinance No. 12503 by deleting therefrom the authorization therein to the City Manager to proceed to accomplish the installation of a steel pedestrian bridge over Roanoke River. (For full text of Ordinance, see Ordinance Book No. 21, Page 453.) Hr. Cutter moved the adoption of the Ordinance. The motion was seconded by Hr. Davies and adopted by the foil*ming vote: AYES: Council members Carter, Davies, Pickett, Yebber, Mheeler, and the President, Mr. Young ...................... NAYS: None ........................ O. (Mr. D.illard absent) In this connection, Council at frs meeting of October 1, IVS6, having directed the preparation of a Resolution, rejecting the bids received September 17, 1956, for the construction of the pedestrian bridge over Roanoke River between South Roanoke Park and Maher Field, Mr. Davies offered the foil*ming Resolution: ':401 :402 (al2B61) A RESOLUTION rejecting all proposals for the construction o! a pedestrian bridge over Roanoke River coaoectiug Soutk Roanoke Park and Mnbor Field. (For full text of Resolution, see Resolution Uook No. 21, Page 456.) Mr. Davies moved the adoption or the Resolution. The motion mas seconded by Mr. Rheeler and adopted by the following vote: AYES: Council members Carter. Davies. Pickett. Mebber. ][heeler. nod the President. Ur. Young ................... NAYS: None ..................... O. (Ur. Dillard absent) MOTIONS AND RISCELLANEODS BUSINESS: LEA6UE OF VIRGINIA YUNICIPALIYIES: The Ma~or presented a letter from tho Leagae of Virginia RunJcipulitiea, aud u Resolution thereof, expressing sincere appreciation to the Mayor. members of City Council and city officials for the cordial uelcome and gracious eutertainneut extended to the delegates and their guests at the convention held in Roanoke, September 23-25, 1956. The letter was filed. ?bern being no further business. Council adjourned. A P PR OVEO COUNCIL, REGULAR MEETING, Monday, October 15, 1956. The Council of the City of Roanoke met lu regular meeting in the Council Chamber ia the Municipal Building, Monday, October 15, 1956, at 2:00 o'clock, p. m., the regular meeting hour, with the President, Hr. Young, presiding, PaESENT: Council members Carter, Davies, Dillard, Pickett, Webber, Sheeler, and the President, Hr. Young ..... ~ .............. 7. ABSENT: Noae ............................ O, OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Nhittl~ City Attorney, Mr. Barry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend Mai,er T. Calhoun, Pastor of the Wes,hampton Christian Church. M1NGYES: Copy of the minutes of the regular meeting held on Monday, October 8, lgSG, having been furnished each member of Council, upon motion of Mr. Carter, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 ,°clock, p. m., October 15, 1955, on the request of Mr. Paxton C. Judge, et al, as amended by the City Planning Commission to include Lots 33 and 34, Block B, Wllliamson Groves Map, owned by and concurred in by Mr. T. E. Capps, that their properties located on Sycamore Avenue, N. E., west of Mllliamson Road, be fez,ned from Genera~ Residence District to Business District, and notice of the hearing having been published in The Roanoke Morld-News on September 28, 19S6, and the City Planning Commission having recomzended that the requested fez,ming be granted, the hearing mas held. Mr. Charles D. Fox, Jr., Attorney, and Mr. Judge appeared and requested that Council concur in the recommendation of the City Planning Commission. No one appeared in opposition. Mr. Mebber moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (u12862) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter SI of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property known as Lots 25, 26, 27. 28, 29, 30, 31, 32, 33, 34, 35, and 36, Section A, Map of Williamson Groves, and Lot s 13, 14, 15, 16, IT, 16, 19, 20, 21, 23, 24, 87, and 38, Section B, Map of NillJamson Groves, and a parcel of land described as follows, to-wit:' Beginning at a point at the southwest corner of the intersection of Wayne Street, N. E., with Wilkins Street, N. E., thence with the westerly line of Wilkins Street, N. 12° 40' W. 352.3 feet to a point; thence N. 57° 33-1/2' W. ?O.B4 feet to a point on the southerly line of Sycamore Avenue; 403 ~!404 thence mith the ssue $. ??o 33' M. 150 feet to · point; thence S. 200 34' E. 363.6 feet to u points thence S. ??o 00' £. e9.06 feet to a point; thence 60.72 feet to the place or Beginning, rezoaed from General Residence District to Business District; and ~SEREAS, the City Planning Commission has recommended that the above parcels or land be rezaned from General Residence District to Dusiuess District as requested; and ~HER£AS. notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in "The Roanoke Morld-Nemsw, a newspaper published in the City of Roanoke, for the time required by said section; and ~OER£AS, the hearing as provided for in said notice published in the said newspaper was held on the 15th da/ of October. 1956, ut 2:00 o'cloch, p. before the Council of the City of Roanoke in the Council Chamber ia the Municipal Building, at uhicb hearing property owners and other interested parties in the affected area were given an opportunity to be beard both for and against the proposed rezoning; and WDEB£A$. this Council, after considering the evidence presented, is of the opinion that the above parcels of lend should be rezoned as requested. ViI£R~FOR£. DE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the following particular and no other, viz: Property located on Sycamore Avenue, H. £., described as Lots 25, 26. 27. 28, 29, 30, 31, 32. 33, 34, 35, and 36, Section A, Rap of Milliamson Groves, and Lots 13, 14, IS, 16, 17, 18, lq, 20, 21, 22, 23, 24, 37, and 38, Section B, Map of Milliauson Groves, and a parcel of land described as follows, to-wit: Beginning at a point at the southwest corner of intersection of Mayne Street, N. E., wlth Milkins Street, N. E., thence with the westerly line of Rllkins Street, N. 12° 40* M. 352.3 feet to a point; thence N. 5?° 33-1/2' M. ?0.04 feet to a point on the southerly line of Sycamore Avenue; thence with the same S. ??o 33' M. ISO feet to a point; thence S. ZO° 34' E. 863.6 feet to a point; thence $. 7?° 00' E. g9.06 feet to a point; thence H. 77° 20' E. 60.72 feet to the place of Beginning, designat on Sheet 307 of the Zoning Map as Official Nos. 3070413, 3070414, 3070418, 3070416, 3070417, 3070418, 3070243, 3070244, 3070245, 3070246, 3070247, 3070248, 3070255, 3070256, and Part 3070316, respectively, be, and In hereby changed Yrow General Residence District to Business District and the Zoning Map shall be changed In this respect. The motion was seconded by Mr. Davies and adopted by the following vote: AVES: Council members Carter, Davies, Dillard. Pickett, Rebber. Mheeler. end the President. Mr. Voung .................. ?. NAYS: ~one ................... ~ ........ O. ZONING: A public hearing havin9 been set for 2:00 o'clock, p.' m., October IS, 1956, un the requeat of Mr. Morton Hoaeyman that Lots 7, 8 and 9, Oak View Heights, located in the 3600 block of Shenandoah Avenue, N. M., and Lot 10, Oak View Heights, owned by Hr, E. J, Mlmmer, os recommended by the City Planning Commission be rezooed from General Residence District to Business District, and notice of the hearing having been published in The Rosnohe World-News on September 28, lqSB, and the City Plaguing Commission huvlng previously recommended that the ~roperty be rezened to u Business District, the hearing was held. Hr. Boneymao appeared and requested that the recommendation of the Planning Commission be concurred in. Ne ese appeared iu opposition, Hr. Carter moved that Council concur in the recommendation of the City Planning Commission nod that the folioulngOedinaace be placed upon its first reading: (r12063) AN ORDINANC£ to amend nod reenact Article I. Section 1, of Chapter 51 of the Code of the City of Roanoke. Virginia. in relation to Zoning. WHEREAS. application has been made to the Council of the City of Roanoke to have property described as Lots 7, fl, 9 and 10, Oak View Beights, located in the 3600 block of Shenandoah Avenue. N. N.. rezoned from General Residence District to Business District; and WHEREAS, the City Planning Commission has recommended that the above *arcels of land be rezoned from General Residence District to Business District ns requested; end hHEREAS, notice required by Article XI. Section 43. of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning. has been published in "The Roanoke ¥orld-News'.a newspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 15th day of October, 1956, at 2:00 o'clock. P. before the Council of the City of Roanoke in the Council Chamber in the Municipal Building, at which hearing property owners and other interested parties in the affected area were given an opportunity to be heard both for and against the proposed rezoning; and · WHEREAS, this Council, after considering the evidence presented, is of the opinion that the above parcels of land should.be rezoned as requested. 7HEREFOR£~ BE XTORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code,of the City.of Roanoke, Virginia, relating to Zoning, be amended and reenacted ia the following particular and no other, viz: Property located.in the .3600 block of Shenandoah Avenue, N. N., described as Lots ?,,O, .g and 10, Oak View Heights. designated on Sheet 273 of the Zoning Map as Official Nos; 2730222, 2730223, 2730224 and 2730225 be, and Is hereby changed from General Residence District to Business District and the Zoning Map shall be changed in this respect.' Yhe motion was seconded by Mr. Davies and adopted by the following vote: AVES: .Council members Carter, Davies, Dillard; Pickett, Nebber, Wheeler, and the President, Mr. Young~ .............. ~-7. NAYS: None .... .~- ...... ~-~ ...... ~---0.. . · 405 STREETS AMD ALLEYS: A public hearing buying been set tar 2:00 o'clock, October IS, 1956, os the reqnes¢ of Mr. Hats ¢. Land that a portion or Speedwell Avenue, M, W., spproximutely 175 feet in leu!th trow the south line or Churchill Drive, H. W** to a Ia-foot undeveloped alley in Block ?, Dorchester Court, be vacated, dianoctJuued nnd closed, and notice of the hearing having been published in The Rouuohe ~orld-Meus on Septewber 2S, 1956, and the City Planning Counissiou having previously recoumended that the request of the petitioner be denied, the hearing was held at which ua one appeared In opposition. Mr. Andrew S. Coxes Attorney rot the petitioner, appeared and presented a com~aaication from #r. Ororer W. Haffnen, et ax, owners of the only property abutting on said street other than that of the petitioner, which letter stated that the! have agreed to withdraw their objections to the closing of the said portion of Speedwell Avenue and have given assurance that they will execute any deed or instrument necessary to release any right, title or interest which they way have had in the street after it Is closed and vacated to Mr. Land, Hr. Coxe stating that this removes the objections upon which the recommendation of the City Planning Commission for denial had been based. Mr. Coxe further presented a report and affidavit of viewers appointed by Resolution Mo. 12775, adopted by Council on the 16th day of July, 1956, stating that they have viewed the said street and neighboring property, and in view of the withdrawal by Mr. Hal!men and his wife of their abjections, they are unanimously of the opinion that no inconvenience would result either to any individual or to the public from vacating, discontinuing and closing Speedwell Avenue as requested. Hr. Carter then moved to refer the matter back to the City Planning Commission for further study and recommendation in view of the withdrawal of the objections of Hr. Hal!man. The motion was seconded by Mr. #heeler and adopted by the following vote:~ AYES: Council members Carter, Davies, Pickett, Wheeler, and the President, Mr. Young ..................... NAYS: Messrs. Dillard and ~ebber ............... 2. CHURCHES: Mr. Jack B. Coulter, Attorney, appeared before Council and submitted a request that the body adopt an Ordinance pursuant to Section 57-12 of the Code of Virginia of 1950, as amended, to authorize the Trustees of NortbuJnster Presbyterian Church to take and bold property located In the city in excess of four acres bat not more than ten acres, advising that the said church has contracted to purchase all of Block I, according to Map No. 3, Round Hill Terrace, containing approximately 4.2 acres, on which property it expects to construct a new church and dispose of its present church property on Milliamson Road, and that the requested Ordinance is necessary under state law before the church can acquire the new site. Mr. ~ebber moved to concur in the request and to direct the City Attorney to prepare the proper Ordinance for presentation to Council, the Attorney for the petitioner to assist in the preparation of the Ordinance. The motion was seconded by Mr. Mheeler and adopted. ,! f 'PETITIONS AND CORRUNICATIOHS: ~ ZONING: The City Clerk presented n commucicatloe from the M. N. RJtter Luwbe Company, requesting that a portion of a five-acre tract of laud owned by the 'petitioner located on the southeasterly corner of Hershberger.acad end Nilliemson Road, N. W., being Official Tax No. 2170101~ be rezooed from General Residence District to NesJoess District. Hr. Davies moved to refer the request to the City Planning Commission rot study and recommendation. The motion was seconded by Hr. Carter and adopted. REPORTS OF OFFICERS: PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that he has been unable toreach an agreement on the purchase price of 191.05 square feet of land for the widening of the southeast corner of Jefferson Street and Elm Avenae, S. E., aa authorized by Ordinance No. 12770, and recommended that the City Attorney be directed to institute condemnation proceedings as provided for in said Ordinance. Mr. Davies moved to concur in the recommendation of the City Manager and to direct the City Attorney to institute condemnation proceedings to acquire the property. The motion was seconded by Hr. Carter and adopted. BUDGET-JUVENILE DETENTION HOME: The City Manager reported that the appropria tiaa for Supplies in the Juvenile Detention Home account of the 1956 budget is inadequate.and requested an appropriation of $500.00 to that account to cover expenses for the remainder of the year. Mr. Carter moved to concur:ia the recommendation of the City Manager and offered the following emergency Ordinance: (~12664) AN ORDINANCE to amend and reordaiu Section #51, "Juvenile Detentl~ Home", of the 1956 Appropriation Ordinance, and providing for an emergency. (For.full text.of Ordinance, see.Ordinance Book No; 21, Page 457.) ~: Mr. Carter moved the adoption of the Ordinance. The motion was seconded by Mr. Dillard and adopted bytho folloming vote: AYES: Council members Carter, Davies, Dillard, Pickett, Nebber, ~heeler, and the President, Nr..Young-~---~ ............. 7. BUDGET-COMMISSIONER OF.REVENUE: The:City Manager recommended au appropriatio of $1,000.00 to Stationery and:Office Supplies in the Commissioner of Revenue account of the 1956 budget to cover the cost of printing personal property and business tax forms~which were:adopted by the Commissioner of Revenueafter preparation of the 1956 budget. : Mr. Davies moved to concur Jo the recommendation of the City Manager and offered the following emergency Ordinance: (u12865) AN ORDINANCE to amend and'reordaln:Section nS,'eCommissioner of Revenueu, Of the lgSGAppropriatioo Ordinnnce,.and.providing.for.an emergency. (For full text of Ordinance, see Ordinance Gook No. 21, Page 457.)- ~ Mr. ~aviea moyqd the ~d~ption ~f~the OFdioance.. The motion was seconded by Mr. Mheeler and adopted by the following vote: . . · . . '407 4O8 AYES: Council members Carter, Darien, Dillard, Pickett, Webber, Wheeler, and the Presideato Mr. Young ..... o ........... ?. ~AYS: Hone ....... ~ ............... ~---0. STREET LIGHTS: The City Manager recommended the installation of eleven 2500 lumen and cae 6000 leben street lights at various locations fa tke.cit~. Mrs, PIckett moved to concur In the recommendation of the City Manager and offered the following Resolution: (e12866) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text of Resolution, see Resolution Book No. 21, Page 450°) Mrs. Plchett moved abe adoption of the Resolution. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, My. Young .................. 7. NAYS: None ............................ O. D~IDG£5: The City Manager reported that the Norfolk and Western Railway Company has signified its willingness to pay one-half of the cost of an underpass under its Shenandoah Division line to connect Liberty Road and Mundy Road. N. E** and requested that he he authorized to employ appraisers to establish the value appropriate cost estimates prepored for discussion during the study of the lgS? budget. Hr. Webber moved to concur in the request of the City Manager. The motion was seconded by HF. Mheeler and adopted. REPORTS OF COR#I?T~ES: BUDGET-AIRPOrT: Council at its meeting of October 1o 1956, having referred to a committee consisting of Messrs. Roy L. Webber, ChairBan, Arthur S, Owens.and Harry E. Yates a request from The Cleaves Food Service Corporation that the city construct a glass wall enclosed room for a gift shop in the Roanoke Ruaicipal Airport Terminal, the committee submitted its report, stating that it believes the improvement is needed, that two bids have been received for the construction recommended, as follows: Pittsburgh Plate Glass Company, $2,150. D0; Olnswanger and Company, Incorporated, $1,6BB.00,'the committee recommending that an appropriation be made to cover the cost of the improvement as indicated by the Iow bid. Mr. Davies moved to concur in the recommendation of the committee and offered the following emergency Ordinance: (#128§7) AN ORDINANCE to amend and reordain Section a88, "Airport% of the 1956 Appropriation Ordinance, and providing for aa emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 458,). Hr. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Webber, Mheeler, and the President, Rr. Young ...................... 6. NAYS: Wt. Dillard ................. 1. UNFINISRED BUSINRSS~ ZONING: Council at its meeting of October 1, 1956, hsvlcg tabled for cocsiderutloa ut its.meeting of October 15, 1956, requests or flome Dealers, ilccorporated, end Hr. Rclph A. Glasgow thct their properties located gu the south iside or orange Avenue, No W** betmeen Raleigh Avenue and Fifth Street, be rezoned from General Residence District to Business District, both of mhich requests have previously been referred to the City Planning Coumlssion, and the City Planning Cummissioc having previously recommecded denial of said requests, the matter was again before the body. Hr. Glasgow, representing himself and as Attorney rot Bone Dealers, Incorporated, failed to appear. Hr. Wheeler moved to concur in the recommendations of the City Planning Commission and deny the requests. The motion was seconded by Hr. Carter and adopted. CONSIDERATION OF CLAI#S: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-CITY TREASURER: Ordinance No. 12860, amending and reordainln9 Section ua, 'Treasurer#, of the 1956 Appropriation Ordinance, having previously been before Council for its first reading, read and laid over, was again before the body. Mr. Carter moved to amend the Ordinance to provide for an emergency and to mahe it effective upon its adoption. The motion was seconded by Hr. Webber and adopted by the folloming vote: AYES: Council membersCarter, Dillard, Pichett, Webber, and the President, Hr. Young ........................... 5. NAYS: Messrs. Davies and Wheeler ........... 2. Mr. Carter then offered the following emergency Ordinance, as amended: (z12860) AN ORDINANCE to amend and reordain Section nO, *Treasurer*, of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Boor No. 21, Page 455.) Mr. Carter moved the adoption of the Ordinance. The motion mas seconded by Mr. Webber and adopted by the following vote: AYES: Council members Carter, Dillard, Plchett, Webber, and the President, Mr. Young ....................... 5. NAYS: Messrs. Davies and Rheeler .............. PURCHASE OF PROPERTY-WATER DEPARTMENT: Council at its meeting of October 1956, having directed the preparation of an Ordinance to acquire fromthe Tlme s-Worl Corporation the NDDJ Studio building and the adjacent lot located on the south side of KirR Avenue, S. N., east of Second Street, for a cash consideration of $100,000;00, Mr. Davies offered the following emergency Ordinance: (u12959) AN ORDINANCE.concurring in the report of the Committee heretofore appointed to study the advisability of the City*s acquiring the I~DBJ studio building nod adjoining real estate, located on the south side of Kirk Avenue, from the Times-World Corporation for use as an office and headquarters for the Mater Department; directing the proper City Officials to do the necessary; appropriating the money to pay the cost thereof; and providing for an emergency. (For full text of Ordlcance, see Ordinance Boor No. 21, Page 459.) ,410 Mr. Davies waved the adoption of the Ordinance. The notion wes seconded by Mr. Carter iud adopted by.the following vote: AY£S: Council members Carter, Davies, Dillard, Pickett, Uheeler, and the President. Mr. Young ..................... 6. NAYS: Nr. Rabbet ................. PURCHASE OF PROPERTY-STREETS AND ALLEYS: Council at its meeting of October 0, 1956, having directed the preparation of Ordinances to purchase necessary land for the widening of Vlnton Mill Road, N. £., at its intersection with Cnrvin Street, Hr. Carter saved that the following Ordinance. providing rot the purchase of a portion of Lot 22, Stock Ii, Idlewfld Pork, from Mr. Norman H. Croxford. et ax. for a cash consideration of $50.00. be placed upon its first reading: (a12869) AN ORDINANCE providing for the acquisition of a portion of Lot 22, Black Il, ldlemlld Park. · RilEREAS, Norman il. Croxford, et ax., have agreed to convey unto the City of Roanoke 420 square feet. more or less. and. also, n IS-foot wide slope easement off the front of Lot 22, alack It, ldlewlld Park, for $50.00 cash for the purpose of improving Vinton (Mill) Road; and NH£RCAS, the Planning Commission has recommended that Vlnto~ (Mill) Road be improved at this point and, accordingly, the City Manager has recommended that the aforesaid offer be accepted; in which recommendations this Council concurs; THEREFORE, HE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the offer of Norman D. Croxford, et ux., to convey nnto the City of Roanoke approximately 420square feet and mtso a 15-(oot wide slope easement off the front of Lot 22, Block 11, Idlemild Park (as shown on Plan No. 41~6, re,lsed In the OffJc~ of the City Engineer under date of August 14, lgS6) for $50.00 be, and said offer is hereby, accepted. 2. That theCity Attorney be, and he is hereby, directed to examine the title to the above-mentioned real estate and, if it be determined that Norman tl. Croxford, et ax., cnn lawfully convey a fee simple title to said real estate unto the City, to prepare a requisite deed .conveying said real estate unto the City and deliver the same to Norman D. Croxford, et ax.,. for proper execution. 3. That, upon the City Attorney certifying to the City Auditor that he has been tendered a properly executed deed of bargain and sale conveying the aforesaid real estate unto the City of Roanoke, that the City Auditor be, and he is hereby, directed to deliver unto the City Attorney a proper warrant In the amount of $50.00 (plus or minus any tax adjustments) drawn against the Street Construction-Right of May Account to be delivered unto the grantors' In exchange for such deed. The motion was seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Nebber, Nheeler, and the President, Mr. Young ................. NAYS: None ........................... O. Mr. Dillard then.moved that the following Ordinance. providing for the )urohuse or a portion or Lot 23. Block 11. Idlemild Park. from tie J. F. Darbour Estate. for , cash consideration or S275.00. be placed upon its first reading: (z12670) AH ORDINANCE providing for the acquisition of u portion of Lot 23. Block 11. IdleuJld Park. MHEREAS. J. $. and S. A. Barbour. Agents. for the heirs of J. F. Barbour. deceased, have agreed to convey onto the City of Roanoke 2120 square feet. more or leas. aud. also. u 15croon wide slope easement orr the front of Lot 23. Block 11. Idlewild Park. for $275.00 cash for the purpose of Improving Viuton (Hill) Road; and . MHEREAS. the Planning Commission has recommended that Yinton (Mill) Road be improved at this point and. accordingly, the City Manager has recommended that the aforesaid offer he accepted; in which recommendations this Council concurs; THEREFORE. DE IT ORDAINED by the Council of the City of Roanoke as folloms: 1. That the offer of John S. and S. A. Barbour. Agents. for the heirs of J. F. Harbour. deceased, to convey unto the City of Roanoke approximately 2120 squat, feet and also a IS-foot wide slope easement off the front of Lot 23. Block 11. ldlewild Park (as shown on Plan Ho. 4196. revised in the Office of the City Engineer under date of August 14. 1956) for $275.00 be. and said offer is hereby. accepted. 2o That the City Attorney be, acd he is hereby, directed to examine the title to the abc*ye-mentioned real estate and, if it be determined that the heirs of J. Fo Darbonro deceased, can lawfnlly convey a fee simple title to said real estate* unto the City, to prepare a requisite deed conveying said real estate unto the City and deliver the same to John S. and S. A. Darbour for proper execution. 3. That,'upon the City Attorney certifying to the City Auditor that he has been tendered a properly executed deed of bargain and sale conveying the aforesaid real estate unto the City of Roanoke, that the City Auditor be, and he is hereby, directed to deliver unto the City Attorney a proper warrant in the amount of $275.00 (~lus or minus any tax adjustments) drawn against the Street Construction-Right of Nay Account to be delivered unto the grantors la exchange for such deed. The motion was seconded by Mr. Carter and adopted by the following vote: AYES: Council members Carter. Davies. Dillard. Pickett. Webber. Mheeler. and the President, Mr. Young ................... NAYS: None ............................. O. BRIDGES-STATE HIOHMAYS NITHIN CITY LIMITS: Council at its meeting of October 8, 1956, having directed that a proposed contract between the City of Roanoke and the Commonwealth of Virginia, Department of Highways, for the maintenance of City- Dine bridges, be amended to provide for the approval of the City Manager before any fork is undertaken under the contract, and the said contract having been amended ~y the City Attorney, as directed, Hr. Davies offered the following Resolution: "4il :;412 ~(mI28TI) A.RESOLDYION authorizing the City Manager, for and au behalf of the City, to dater into a contract with the Commonwealth of Virginia-Department of Highways rorthe maintenance of Gini-Line bridges. (For full text or Resolution. see Resolution Hoot No. 21, Page 460.) Mr. Davies moved the adoption of the Resolution. The motloo was seconded byMr. Carter and adopted by.the following.vote: AYES: Council members Carter. Davies, Dillard. Pickett. Yebber, Mheeler, and the President. Mr. Young ................. 7. NAYS: None ........................... O. STATE HIGflMAYS WITHIN CITY LIMITS: Council at its meeting of October 8. having directed the preparation of a Resolution, authorizing the City Manager to tu~e certain actions in connection wlth the Federal-Urban Interstate Highway Program. MFS. Pickett offered the following Resolution: (n12872) A RESOLUTION authorizing the City Manager to take certain actions to promote the Federal-Urban Interstate Highway Program. (For full text of Resolution, see Resolution Hook No. 21. Page 461.) Mrs. Pickett eared, the adoption of the Resolution. The motion was seconded by Mr. Mheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett. Mebber. Mheeler, and the President, Hr. Young ................. ?. NAYS: None ........................... O. MOTIONS ANn MISCELLANEOUS HUSINESS: NONE. There being no further business, Council adjourned. APPROVED President COUNCIL, REGULAR MEETING, Monday, October 22, 1956. The Council or the City of Roanoke met in regular meeting in the Council Chamber it the Municipal Building, Monday, October 22, 1956, at 2:00 o'clock, p. m** the regular meeting hour, with the President, Mr. Young presiding, PRESENT: Council members Carter. Davies. Dillard, Pickett, Mebber, gheeler, and the President, Mr. Young ............. 7. ASSENT: None ..................... O. OFFICERS PRESENT: Mr. Arthur S. Owens. City Manager. Mr. Randolph O. Mhlttl* City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend P. 6. Cosby, III, Pastor of the Northminster Presbyterian Church. MINUTES: Copy of the ~iuute$ of the regular meeting held on Monday, October 15, 1955, having been furnished each member of Council, upon motion of Mrs. Pickett, seconded by Mr. ~heeler and adopted, the reading was dispensed with and the minutes approved as recorded. R£ARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public hearing having been set for 2:00 o'clock, p. m., October 22, 1956, on the question of rezonlng from Special Residence District to Business District property located on the west side of Milliamson Road, N. Mo, between Broad Street and Epperley Avenue, being Lots 1-13, inclusive, Block 1, Itedgelawn Map, and notice of the hearing having been published in The Roanoke Morld-News on October 5, 1956, and the City Planning Commission having previously recommended that the said property be rezoned, the hearing mas held at which no one appeared in opposition. Mr. ~. Courtney Ring, Attorney for Bedgelawn Nurseries, Incorporated, appeared and asked that Council concur in the recommendation of the City Planning Commission. Mr. Carter moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (m12873) AN ORDINANCE to amend and reenact Article X, Section 1, of Chapter 51 of the Code of the~Clty of. Roanoke, Virginia, In relation to Zoning. NREREAS, application has been made to the Council of the City of Roanoke to have property, shown~on Oedgelawn Map, Block 1, as Lot I (Official No. 2161024); Lot 2 (Official No. 2161023); Lot 3 (Official No. 2161022); Lot 4 (Official No. 2161021); Lot5 (Official No. 2161020); Lot 6 (Official No. 2161019); Lot ? (Official No. 2161018); Lot O(Official No. 2161018); Lot 9-A (Official No. 2161017); Lot 9-B (Official No. 2161017); Lot 10 (Official No. 2161016); Lot 11 (Official No. 216101S); Lot 12 (Official No. 2161014); and Lot 13 (Official No. 2161013).rezoned from Special Residence. District to Business District; and NHEREAS, the City Planning Commission has recommended that the above parcel of land be rezoned from Special Residence District to Business District as requested; and 3 ::414- MREREASo notice required by Article XI, Suction 43, or Chapter 51 or the Code of tke City of Roanoke, Ylrgfniu, relating to Zoning. bas been published in "The Roanoke #orld-News', n newspaper published in the City of Roanoke, for the time required by said seetiou~ and RREREAS, the hearing as provided for fn said notice published fa tke said newspaper wes held on the 22nd day or October, 1956, at 2:00 o'clock, po before tke Council or the City of Roanoke in the Council Chamber in the #uniclpal Oulldiug, at which hearing property owners and other interested parties in the affected area were given an opportunity to be heard hath far and against the proposed rezonlng[ and MHEREASo this Council, niter considering the evidence presented, is of the opinion that the above parcel of land should be rezoned ns requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1. of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the fallowing particular and fig other, ylz: Property located on the westerly side of Milliamson Road, Roanoke City, Virginia, described as Lots l, 2, 3, 4, S, 6, 7, 8, 9-A, 9-B, 10, 11, 12, and 1S. Block !, Map of Bedgelamn, designated on Sbeet 216 of the Zoning Map as Official Nos. 2161024, 2161023, 2161022. 2161021, al61020, 2161019. 2161019, 2161010, 2161017. 2161017, 2161016, 2161015, 2161014, and 2161013, be, and is hereby changed from Special Residence District to Business District and the Zoning Rap shall be changed in this respect. The motion was seconded by Hr. Davies and adopted by the following vote: AYES: Council members Carter. Davies, Dillard. Pickett. Kheeler, and the President, Mr. Yonng .................... NAYS: None ...................... O. (Mr. Nebber not voting) ZONING: A public hearing having been set for 2:00 o'clock, p; m., October 22, 1956, on the request of the Mary Louise Home of the King's Daughters that its property located on the northwest corner of Patterson Avenue and Tenth Street, 5. M., being Lots 1. 2. and 3, Block 25. F. Rorer Map. be rezoned from Special Residence District to Business District, and notice of the hearing having been published in The Roanoke ~orld-Nems on October S. 1956, and thq City Planning Commission having previously recommended that the request of.the petitioner be granted, the hearing was held at which no one appeared in opposition. Mr. James L. Trtnkle, Attorney for the petitioner, and Mrs. E. P. Petticrew President of the Board of the Mary Louise Home, appeared in favor of the renaming as requested. Mr. Mheeler moved that Council concur In the recommendation of the City Planning Commission and that the following Ordiuance be placed upon its first reading: (n12674) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code Of the City of Roanoke, Virginia, in relation to Zoning. MHEREAS, application bas been made to the Council of the City of Roanoke to have property located on the aorthmeat corner o! Patterson Avenue and Tenth Street. S. M** described es Lots 1, 2, end 3, Rloch 25. Ferdinand Rorer Lap, rezoned from Special Residence District to Rusiness District; and MREREA$, the City Plaguing Commission has recommended that the above parcel or land be rezoned from Special Residence District to Duslaess District as reqaested; and MREREAS, notice required by Aticle XI, Section 43, of Chapter SI of the Code or the City of aoanohe, Virginia. relating to Zoning, has been published in *The Roanoke NorldoNewsW, a newspaper published in the City or Roanohe, for the time required by said section; and MHEREAS, the hearing as provided for In said notice published in the said newspaper was held on the 22nd day of October, 1956, at 2:00 o'clock, p. m.. before the Council of the City of Roanoke in the Council Chamber in the Municipal Duilding, at which hearing property ameers and other interested parties in the affected area were given an opportunity to be heard both for and against the proposed rezonlng; and NIIER~AS, this Council. after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia. relating to Zoning. be amended and reenacted in the following particular and no other, viz: Property located on the northwest corner of Patterson Avenue and Tenth Street, S. M., described as Lots 1, 2, and 3, BlocR 25, Ferdinand Rorer Map, designated on Sheet 111 of the Zoning Map as Official Nos. 1112013 and 1112014, be, and is hereby changed from Special Residence District to Business District and the Zoning Lap shall be changed in this respect. The motion mas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter. Davies, Dillard, Pickett. Webber, Mheelero and the President, Mr. Voung ................ 7. NAYS: None .......................... O. PETITIONS AND COMMUNICATIONS: SEMAOE DISPOSAL: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County.,requesting that the Council of the City of Roanohe amend a contract of September 28, 1954, between the city and the county, dealing with the treatment of domestic and commercial wastes, by adding thereto Section 2, Brambleton Court. Mr. Carter moved to refer the request to a committee consisting of Messrs. Roy L. Hebb~r, Chairman, Halter L, Young, Arthur S. Owens and Randolph 6. Whittle for study and recommendation. The motion was seconded by Mr. Davies and adopted. ZONING: The City Clerk presented a communication from Colonel and Mrs. Lucian D. Booth and Rova Corporation, requesting that a lot 75 feet in width frontiog on the north side of Janette Avenue, S. M., adjacent to the property of Rata Corporation (Hayes, Seayt Mattern and Mattern Building), west of Franklin Road, be rezoned from Special Residence District to Business District. 416 In this connection; Mr. John H.~Thorutou,* Jrot Attoreey for the petitioners appeared before Council'and requested that the body set n public hearing in this mutter for November 12, 1956, in order to expedite the requested rezoalug. Mr. Webber stating that to grant the request of, Mr.. Thornton mould be upsetting the orderly procedure of Council in rezoning matters nad would have the effect or putting pressure on the City Planning Commission. moved to refer the request* to the City Plaoning Commission for study and recommendation and that no public hearing be set until the report of the Planning Commission is received thereon. The ~otJon was seconded by Hr. Davies nad adopted. REPORTS OF OFFICERS: WATER DEPARTMENT: The City Manager reported that the owner of the property adjacent to the site of the old stone pump house owned by the Mater Department located at the intersection of Nottingham Road-and Yellow Mountain Road, S. has requested that the house be razed, which he recommended be done and requested that Council concur. Mr. Webber moved to concur in the recommendation of the City Homager to raz the old stone pump house as requested. The notion was seconded by Mr. Carter and adopted. BUDGET-ELECTIONS: The City Manager reported that the Electoral Board has requested a transfer of $650.00 from Compensation, Judges and Clerks to Salary, Extra Employees in the Electoral Board account of the 1956 budget in order to employ necessary extra help in the office of the Registrar in connection with the November 6 General Election. and has also recommended that the pay of Judges end clerks be increased from $10.00 per day to $15.00 per day for the General Election of November 6, 1956. Mr. Webber moved to direct the City Attorney to prepare an Ordinance to provide for the payment of $15.00 per day for judges and clerks in the General Election to be held November 6, 1956. The motion was seconded by Mr. Dillard and adopted. Mr. Dillard then offered the following emergency Ordinance transferring $650.00 from Compensation, Judges and Clerks to Salary, Extra Employees in the Electoral Board account of the 1956 budget: (~12875) AN ORDINANCE to amend and reordaia Section ~132. *Electoral Board#, of the 1956 Appropriation Ordinance, and providing for on emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 465.) Mr. Dillard moved the adoption of the Ordinance. The motion mas seconded by Mr. Carter andadopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President., Mr. Young ............. NAYS: None ....................... O. SALEOF PROPERTY: The City Manager presented a communication from Dodson, Pence and Conltec,Attorneys for Messrs. Robert W. Pntnam and O. Watts Gills, advising that their clients wish to withdraw their offer to purchase Lot 23, Block 43, West End and Riverview Map, located on the north side of West Avenue, $. W** west. of Twenty-first 5treat, and reqaestlng that Council rescind Ordinance !No, 12810,.authorizing the sale of this property, by reason of the existence of a sewer line across the property which mas unhnomn to their clients at the time of the negotiations, the City Naaager recommending that the request be granted. Mr. Carter moved to concur in the recommendation of the City Nannger and offered the follomieg emergency Ordinance: (e12876) AN ORDINANCE repealing an Ordlnnn~e adopted by the Council of the City of goaoohe on the 2?th day or August, 1956, No. 126100 entitled, #An Ordinance authorizing the sale and conveyance of. Lot 23, Bloch 43, according to the Hap of Yest End and Rivervlem, to O. N. Gills and. Robert.¥. Putnam upon certain terms and provisions', end providing for an emergency. (For rail text of Ordinance, see Ordinance Doo~ No. 21, Page 466.) , Mr. Carter moved the adoption of the Ordinance. The motion mas !econded by Mr. Dillard end adopted by the rolloming vote:: AYES: Council m~mbers ~arter, Davies, Dillard, Pickett, ~ebber, ~heeler, and the President, Mr. Young ................. 7. NAYS: None ........................... O. STORM DRAINS:'Th~ City Manager reported that Jean ~o Staples and ¥111iom Watts are in the process of developing a portion of their lands north of. Round Hill through which the city has agreed to construct a.storm drain in exchange for certain rights o[ may granted by the landowners under a contract pursuant to Ordinance No. 12567, adopted on the Sth d~y of December, lqSSo.the City Manager advising that to extend the storm drain approximately T60 feet to the west would 9oat approximately,$$,000. O0 andrecom~eoding that he be authorized to a~vertise fgr bids for the constr~ction of ~his dra~n. Mr. Nebber moved to.concur in therecommendation of the City Manager. The motlon was seconded by Mr. ~heeler and adopted. RUDGET-AIRPORT: TheCity~Mo~ager submitted a request of the Manager of the Roanoke Municipal Airport for an appropriation of $2,070.00 to carry Airport employees through the balance.of the year1956, stating that such request is necessary by reason of the Job Classification and Pay Schedule Plan adopted by Council. Mr. Wheeler moved to refer the request to the Job Classification Committee for its-study and recommendation. The motion mas'seconded-by'Mr.. Davies nnd -' REPORTS~OF'COMMITTEES:! . , ' - : . RUSES: Council at its meeting of-october.l,.1956,,haring referred to a A, Oavies~Arthur S. 0mensandRandolph.G. Nkittle a communication from Mr. Charles A..Hubbard,~opeFator of the 6oanoke-Starkey Bus Line, making application Roanoke Railway and Electric Company and the Safety Motor Transit Corporation 41.8 hove been tad are presently focing serious finonciol difficulties nnd that they are ROW iR the process of mohing au analysis of reviews lmportont factors reloting to the local tronsportation problems in the City of aoanohe, thor this analysis will be completed within the next leu days fid it is their request that Council aotborize the committee to consult with them concerning their finoncial problems, fores and the gross receipts tax, the committee stating that in view of the request of the Roanohe Railway and Electric Company and the Safety Motor Transit corporatlof it believes that further negotiotion with Hr. Hubbard would be on undue incoavenlenc and recommended that Ordlaonce No. 12774, adopted on the 16th day of July, 1956, be repealed and its reenactment possibly reconsidered subsequently, depending on Councilto then frame of mind. Mr. Cotter moved to concur in the recommendation of the committee and offere the following energenny Ordinance: (e12877) AN ORDINANCE repealing Ordinance No, 127T4, adopted by the Council of the City of Roanoke on the 16th day of July, 1956; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 466.) Mr. Carter moved the adoption of the Ordinance. The motion mas seconded by Mr. Dillard and adopted by the folloming vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President. Mr. Young ............ ?. NAYS: None ...................... O. Mr. Wheeler then moved to direct the committee consisting of Messrs. Roy L. Webber, Chairman, #. B. Carter, Herbert A. Davies, Arthur S. Owens and Randolph G. Whittle to consult with the Safety Motor Transit Corporation and the Roanoke Railway and Electric Company concerning their financial difficulties and analogous )roblems and submit its recommendations thereon. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Webber. Wheeler, and the President, Mr. Yoang .................. 6~ NAYS: Mr. Dillard ............. 1. UNFINISHED DUSINESS: ZONING: Council at its meeting of August 27, 1956, having referred to the City Planning Commission for study and recommendation a request of Mr. ~. P. Meador that Lots I and 2, Dlock 1, Oregon Park, located on the northmest corner of Crowmorl Street and Shenandoah Aveoue, N. M., be rezoned from General Residence District to Light Industrial District, the City Planning Commission submitted its report, advising that there are covenants running with the land concerned providing that the ~roperty shall be used for residential purposes only and that oostrnctares shall be erected, placed or permitted to remain thereon other than one single family detached house, mith the necessary outhouses and garage, and that in view of these restrictions, it is the recommendation of the Commission that the request of the petitioner be denied. ,! In this consection,:the City Clerh reported that Mr. #endor has verbally eqaested that he be permttted to withdraw his application for reaching. Mr. Dlllurd moved to concur in the request or Mr, Meadow and grqnt the withdrawal of his petition, The motion ubs seconded by Mro Carter and adopted. ZONING: Council nt its meeting of October 1, 1956, having referred to the City Planning Commission rot study and recomaendation a request of Arthur L. Keatoa and Virginia Loe Keatcn that theLr property located on the east side of Rollins Road, No E., between Missouri A,enqe ned Indiana Avenue, be rezoned from General Residence District to Light.Industrial District, the City Planning Commission submitted its report, recommending that the request of the ~etitioner be granted. Mr. Nebber moved to ~et a public hearing in the matter for 2~OO otcloch, po mo, November 19, 1956, in the Council Chamber, end tbnt the attorney for the petitioner prepare the necessary notice of said hearing end have it approved by the City Attorney.and present it to the City Clerh for publication. The notion was seconded by Mr. Mheeler end adopted, ZONING: Council at its meeting of October 1, 19S6, having referred to the City Planning Commission for study and recommendation a request of Mrs. Georgie T. Meadows that her property fronting 3?S.3feet on the south side of Salem Turnpike, ~. M., designated as Official Tax No. 2640315, be rezoeed from General Residence District to Business District, the City Planning Commission submitted its report, recommending that the property in question be rezoned to a Light Industrial District Mr. #heeler moved to set a public,hearing on the request for 2:00 otcloch, p. m., November lg, 1956, in the Council Chamber, and that the attorney for the petitioner prepare the notice of said hearing, have it approved by the City ~ttorney and present it to the City Clerk for publication. The notion was seconded by Mr. Davies andadopted. ~ ZONING: Council at its meeting of October 15, 1956, having referred to the City Planning Commission for study and recommendation a petition from the M. M. Rttter Lumber Company, requesting thata portion of a five acre tract of land coated on tbe southeasterly corner of Bershberger Road and Ntlliamson Road, N. owned by.said company~ be reached from General Residence District to Business Distri( the CityPlaening Commission submitted its report,.recommending that the request of the petitioner be granted. Mr~ Carter moved:to set a public hearing ia the-matter for 2:00 o"clock, p. November 19,19~6, in the Council Chamber~ and that the attorneyfor the petitioner prepare the necessary notice of said hearing, have it approved by the City.Attorney and present it tothe ~ity,Clerk forpublication. The notion was seconded by Mr. #heeler and adopted. ' S~REE'fS AND ALLEYS: Council at its moating'of October 15~/1956, after hold- ing a public hearing on the request of.Mr~ Hans C. Lund:that a.portion of~Speed~ell Avenue, N..~., approximately 175 feet in length from the south line of Churchill Drive, N. ~;~ to a lO-foot undeveloped alley in Block ?, Dorchester Court; vacated, discontinued and closed, at-uhich hearing.the objection presented:by an adjoining:landowner to the City Planning Commission was withdrawn, having referred the matter bach to the Planning Commission for further consideration and recommenda- tion, the Commission submitted its report, advising that in view of the fact that the adjoining landouner has withdrawn his objections to the closing of said street, /.41.9 420 there is ag public need.for retaining said right cf way;.therefore, the Coumissloe recommended.that the request of the petitioner be granted, Mrs, Pichett moved.that Council concur in the final recommendation cf the City.Planning Commission.and that the following Ordinance be placed upon its first feeding: : .(a12878) AN ORDINANCE vacating, discontinuing and closing a certain mapped, but uedereloped, portina of Speedwell Avenue, N, N,, appronluately 175 feet ia length trow the south line of Churchill Drive, N. ~., to u lO-foot undeveloped alle: in Hloch 7, Dorchester Court, City of Rosnohe, Virginia, WHEREAS, Hans C, LaRd has heretofore flied his petition before Council la accordance with law in which said petition said Hans C. Land requested Council to permanently vacate, discontinue and close the hereinafter described street, to-tho filing of which said petition due notice was given to the public as reqafred by law and RHEREAS, in accordance with the prayer of said petition viewers were appointed by Council to view the property and report In writing whether In their opinion any lnconvenleoce would result ~ro~ permanently yacating, discontinuing and closing the hereinafter described street; and RHEREA$, it appears from the report in .writing filed by said viewers Jn thin proceeding (filed with the City Clerk, together with the affidavit of said viewers on the 15th day of October, 1956), that no inconvenience would result, either to any individual or to the poblic from permanently vacating, discontinuing .and closing said street; and - ~HERHAS, it further appears to Council that the said petitioner has agreed to bear and defray the costs and expenses incident to this proceeding. THEREFORE, HE IT ORDAINED by the Council of the City of Roanoke that a certain mapped, but undeveloped, portion of Speedwell Avenuo, No ~., approximately 175 feet in length from the south ll~e of Churchill Drive, H. W., to a Ia-foot un- developed alley b Block ?, Dorchester Court, City of Roanoke, Virginia, be, and the same is hereby permanently vacated, discontinued and closed; and that all right~ title and Interest of the City of Roanoke and the public in and to said street described herein are hereby released insofar as the Council is empowered so to do, the City of Roanoke, however, reserving unto itself a pubtic easement in the said street for sewer lines nad water mains and the right of ingress and egress for the maintenance, repair and construction of any property now or hereafter used for suct easement. BE IT FURTHER ORDAINED that the City Engineer be, aad he ts hereby directed to make "Permanently Vacated, Discontinued and Closed" that certain mapped, but undeveloped, portion of Speedwell Avenue, N. M., approximately 175 feet in length from the south line of Churchill Drive, N. R., to a lO-foot undeveloped alley iu Block 7, Dorchester Court, City of Roanoke, Virginia, on all maps and plats on file in the office of the City Engineer of the City of Roanoke, on which said maps and plats said street is shown, referring to the book and page of Resolutions and Ordinances of the Council of the City of Roanoke wherein this Ordinacce shall be spread. .421 DE IT FDRTRER ORDAINED tho, the Clerk of this Council deliver to the Clerk or the Bustings Court for the Clt7 of Roanoke, Ytrginio, a cQpy of this Ordinance in order that said Clerk may make proper notation os all maps or plats recorded ia his said office epnn mhich are shown the said street herein permanently vacated, discontinued and closed aa provided by law, The motion uaw seconded by.Hr. Nheeler and adopted by the following vote: AYES: Council members Carter, Davies. Dillard, Pickettt ~ebber, lheeler, sad the President, Mr. Young ............ 7, NAYS: None ...................... O. COnSIDERATIOn OF CLAi#S: NONE. .INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12062. fez.ming certain properties l,ca,ed on Sycamore Avenue, N. E,. west of ~Jlliamson Road, from General Residence District Business District. having previously been before Council for its first reading, read and laid over, was again before the.body, Hr, Davies offering the following for its second reading and final adoption: : (m12862) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. (£or.full text.of Ordinance, see Ordinance Book No. 21, Page 462.) Mr. Davies moved the adoption of the Ordinance. The motion was secqnded by Mr. Carter and adopted by the f,Il,ming vote: AYES: Council members Carter, ~avtes, Dillard, Pickett, Webber, Rheeler, and the President, Mr. Young ......... NAYS: None ................ ZONING: Ordinance No. 12863, rezoning proper~y located!n ~he3600 block of Shenandoah Avenue, N. ~.~ described as Lots 7, B, 9 and 10, Oak View neigh,s0 from General,Residence District:to Dnsiuess District, having previously been before Council for its first reading, read:and laid over, was again before the body, Mr. Carter offering the following for its second reading and final adoption: (miEn&3) AN ORDINANCE to amend and.reenact Article. I, Section 1, of Chapter 51 of the. Codeof the City orR,on,kc, Virginia, in relation to Zoning. (For fulltext'of Ordinance, see Ordinance Book No. 21, Page 463~) · : Mr.=Carter moved ahead,p,ion of the Ordinance. The motion,mas seconded by, Mr. Dillard and adopted'by the following vote: AYES: Council members Carter, Davies, Dillard, Pichett, Rubber, Wheeler, and the President, Mr.-Young~ ......... ?. NAYS: None .................... O. ~:: PDRCBASEOF PROpERTY-STREETS AND ALLEYS:.Ordinance No. 12~69, providing for the pnrchaso~of a portion of Lot Croxford, et ax, at a cash consideration of $50.0~, havingprevionsly been before Councll:for:lts.'first.reading~ read,and laid over,, was agatnbefore the body, Mr. Dillard offeringithefollo~ing~for its second reading and. final adoption: (~I286g]_AN ORDINANCE providing'for the acquisition of a portion of Lot 22, Block 11, ldlewild Park. (For fall text:of Ordinance.:see Ordinance Book No.'21¥.Page 464.) Mr. Dillard moved the adoption of the Ordinance,. Th~ motion mas seconded by Mr. Wheeler and adopted by the ~ollowing .vote: : -42;2. AYES: Couaoil members Carter, Davies, Dillard, Pickett, Webber, Wheeler, nad the President, Hr. Young ........ HAYS: Nooe---~ ............. O, PURCHASE OF pROPIIITY-STREETS ANI) ALLEYS: Ordinonoe No. 12070, providing for the purchase of a portion of Lot 23,. Block Il, Idlewlld Park, from the J. F. Barbcur Estate, at a cash consideration of $275.00, hsv~ng previously been before Council for-its first readlngo read and laid over, was again before the body, Hr. Wheeler offering the follomlng for its socond reading and final adoption: (s12070) AN ORDINANCE providing for the acquisition of a portion of Lot 23, Block 11. Idlewild Park. (For full text of Ordinance, see Ordinance Book No. 21, Page 265.) Hr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Carter. Davies, Dillard, Pickott. #ebber, Hheeler, and the President, Hr. YoUng ............ ?. NAYS: None .................... O. SALE OF PROPEBTY-STREETS AND ALL~YS: Council at its meeting of September 10, 1956, having directed the preparation of an Ordinance, providing for the sale of a strip of land situate on the west side of Ross Lane, S. W., to T. M, Blair, et al, Mr, Carter moved that the following Ordinance be placed upon its first reading: (#12879) AN ORDINANCE authorizing the conveyance of a strip of land situate on the west.side of Ross Lane, S, W,, to T. H. Blair, et al, WHEREAS, T. M, Blair and A, N. Cook have offered to purchase from the City a strip of land containing approximately 0,13 acre sitnate on the went side of Ross Lane, S, M,, for $200,00 net cash; and WHEREAS. both tho Planning Commission and the.City Manager have recommend* that said offer be accepted; in which recommendation this Council concurs. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be, and they are hereby, authorized and directed to execute a deed conveying unto T. M. Blair and A. N. Cook, with special warranty covenant, that certain strip or parcel of land containing approximately 0.13 acre situate on the west side of Ross Lane, S. M., as shown in detail on a plat of survey prepared by C. B. Malcolm, Virginia State Certified Engineer, under date of October 11, 1956, and presently on file in the Office of the City Clerk, and to deliver said deed unto the grantees named therein upon receipt of the $200.00 net consideration; said deed reserving, however, unto the City the right, at such time In the future as it may elect, to go upon said real estate and to cause so much there~ to be sloped to such grade.or grades as,:ln the sole Judgment of the Director of Public Works. will prevent erosion and afford beauty and symmetry to that portion of Ross Lane contiguous thereto, and providing further therein that, after said real estate shall have been no graded, neither the grantees, their heirs nor assigns may Increase such established grade without the written consent of the City. The motion was seconded by Mr. Dillard and adopted by tie foll;¥1ng vote: .AYES: Cooncil.members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ...............-7. NAYS: Noae ......................... O. CHURCHRS~ Counoi~ at its meeting of.October 15, 1956, having directed the ~reparutloo of aa Ordinance, granting permission to the Northminster Presbyterian Church to tohe nad hold property located it the City of Roanoke in excess or four but not more thna ten acres, Hr. #heeler moved that the following Ordinance be placed upon its first readings (uI2580) AN OROINANCE authorizing the trustees of the Northminster Presbyteri Church to tnhe nad hold all of Bloch I, according to Nap Wa. 3 of Round Bill Terrace in the City of Roanoke, for certain purposes. RHEREAS. the trustees of the Worthminster Presbyterinn Church, a religious congregation in the City of Roanohe, have petitioned the Council for authority to acquire certain land situate in the City of Roanohe hnoun as Block I. according to Rap Wa. 3 of Roend Bill Terrace, which contains 4.137 acres, the said land. when so acquired, to be devoted exclusively to the religious uses provided for in Section 57-12 of the 1950 Code of Virginia, as amended; and WHEREAS. the said trustees now hold Lots 1, 2, 3, 14 and 15. Oloch 5. Connlstone gap. containing 0.037 acre of land. upon which said congregation's present church is located which they propose to later sell and, in addition, hold Lot 9. Rloch 4. Connistone Hap, containing 0.173 acre which they intend to heap as a manse for their minister; and WHEREAS. Council deems the aforesaid request reasonable and is willing to grant the same upon the condition hereinafter provided. THEREFORR. BE IT ORDAINED by the Council of the City of Boanohe that the trustees of the Northmlnster Presbyterian Church, a religious congregation in the City of Roanoke, be, and they are hereby, authorized to take and hold in said City, all of Block I, according to Bap Wa. 3 of Round Hill Terrace, in said City, con- taining d.13? acres, if said property to be acquired is to be devoted exclusively, and is subsequently so devoted, to a church building, chapel, offices exclusively used for administrative'purposes of the church, a Sunday school building and play- grounds therefor, and/or'parhlng for the convenience of those attending any of the foregoing. But nothing herein contained is intended to require the said trustees to dispose of the property they now hold as a manse. The motion was seconded by gr. Carter and adopted by the following vote: AYES: Counoil members Carter, Davies, Dillard, Pickett, #ebber, Wheeler, and the President. Mr. Young ............ NAYS: None ...................... O. ROTIONS AND RISCELLANROUS BUSINESS: ZONING-SETBACK LINES: Mr. Wheeler stated that in connection with the rezonin~ of property lying on the west side of Maple Avenue, S. W., between Jefferson Street and First Street, he would lihe to be advised whether or not setback lines have been established on Maple Avenue southwesterly from Jefferson Street. The City Manager advised that no setbach lines have been established on Maple'Avenue; whereupon, Mr. Wheeler moved to refer to the City Planning Commission for study and recommendation the'question of establishing building setback lines on both sides of Maple Avenue, S. M** between Jefferson Street and Franklin Road, The motion was seconded by Mr. Carter and adopted. :4~3 i. 424 J ~:There' being ne .further ~basiues$, CoUncil adjourned. ...... ; ': "' ' API~ROYED COUNCIL, REGULAR MEETING, Monday, October 29, 1956. The Council of the City of Roanoke met in regular meeting In the Ceoucil Chamber In the Municipal Building, Monday, October 29, 1g$6, at 2:00 oeclock, p. m., the regular meeting hour, with the Vice President, Mr. Carter, presiding. PRESENT: Council members Davies, Dillard, FJchett, Webber, Wheeler, and the Vice President, Mr. Carter .................... ABSENT: The President, Mr. Young .......... I. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. WhJttl* City Attorney, Mr. Barry R, Yarns, City Auditor, and Mr, J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by the Reverend J. L. Coppock, Pastor of the West End Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, October 22, 1956, having been furnished each member of Council, upon motion of Mr. Wheeler, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. BEARING OF CITIZENS UPON PUBLIC MATTERS: BOGS AND CATS: A public hearing on a proposed Ordinance to amend and reordain Chapter 49 of the City Code, relating to dogs and cats, havlug been set for 2:00 o'clock, p. m., October 29, 1956, in the Council Chamber, notice of which hearing was published in The Roanoke World-News on October 12, 1956, the hearing was held. Mrs. C. W. Thomas, President of the local chapter of the Society for the Prevention of Cruelty to Animals, appeared and stated that while she is in favor of the proposed amendment generally, she mould like to be advised conceruing the provisions for disposition of impounded dogs under Section 16 (c) of the proposed Ordinance, providing for the delivery of said dogs to certain institutions. Mrs. Thomas was advised that the Ordinance provides for delivery of the dogs to any Virginia hospital or reputable institution of learning for research purpose in the study of prevention of diseases or the betterment of mankind, and that before such institutions can qualify to receive such dogs they will have to be passed on by the Commissioner of Health. Mr. R. P. Barnes, an attorney and member of the Board of the local chapter of the SPCA, appeared and stated that he feels Section 13 of the proposed Ordinance Is not clear insofar an what provisions of the Ordinance are applicable to cats, the proposed Ordinance stating that all provisions of the said Ordinance, so far as they relate to rabies amd the control thereof, shall apply to cats, Mr. Barnes stating further that he has the same question iu mind concerulng Section 16 an that raised by Mrs. Thomas. Dr. Boward D. Sachett, a veterinarian practicing in the city, appeared amd stated that Sections 1 and 7 provide for the lmmuniuation of dogs by a veterinarian licensed to practice in Virginia and that he feels any qualified veteriuariau ,426 should be allowed to make suck vaccinations since people freqaeatl! buy dogs from without the state already Vaccinated by veterluwrians in other statee tad also persons woviug into the state aid the city briar dogs with thew who wre already vaccinated and that these dogs should not be required to be again vaccinated by a veterinarian licensed in Virginia. Hr. A. S. Garren, President of the Roanoke Kennel Club, appeared and stated that Section 6 of the Ordinance as proposed provides rot the elimination or a dog evidencing a disposition to attack human beings, Hr. Garren pointing out that certain dogs are trained, upon order, to attack haman beings as guard dogs. but are not vicious dogs since they will attack only upon order. Hr. Garren was advised that the proposed Ordinance provides that determination au to whether or not a dog is vicious rests In the courts. Mr. O. Jim lalsh appeared and requested that Section 13 of the Ordinance, making said Ordinance applicable to cats, be clarified. The City Attorney advised that the revision of Sections 1, 7, 13 and 16 is, in his opinion, Justified and will meet the complaints brought out at the hearing. Hr. Mebber moved to direct the City Attorney to rewrite the proposed Ordinance making the necessary corrections to Sections 1, 7, 13 and 16 to meet the complaints brought oat at the bearing. The motion was seconded by Hr. Nheeler. Mr. Dillard moved to amend Mr. Mebber's motion by further instructing the City Attorney to provide for rewriting Section 18 of the proposed Ordinance to include fines of not less than $5.00 nor more than $100. O0 for violation of the Ordinance and elimination of the Jail sentence eot exceeding thirty days included therein. The motion was seconded by Mr. Davies and lost by the foil.wing vote: AYES: Council members Davies and Dillard .................2. NAYS: Council members Pickett, Webber, Wheeler. and the Vice President, Mr. Carter ..................... 4, (The President, Mr. Young, absent) Mr. Mebber's motion was then adopted by the following vote: AYES: Conncil members Davies, Pickett, Webber. Wheeler, and the Vice President, Mr. Carter .................... 5. NAYS: Ur. Dillard ................ 1. (The President, Mr. Young, absent) ZONING-SETBACK LINES: A public hearing on the question of establishing setback lines on Church Avenue between Second Street, S. E.. and Second Street, S. W., of not less than three nor more than five feet on both sides, having been set for 2:00 o'clock, p. m., October 29. 1956, in the Council Chamber, notice of which hearing mas published in Yhe Roan.he World-News on October 12, 1956, and the City Planning Commission having preylously recommended the establishment of 3-foot setback lines on both sides of said street, the hew'lng mas held. Messrs. Leo F. Henehry andLeigh P. Huff, owners of curtain..parties on the north side of Church Avenue, S. W** betmeen Jefferson Street god First Street, appeared and stated that they are in favor of the setback lines of three feet as recommended by the City Planning CommissiOn and both have agreed to donate the necessary three feet from the front of their properties for midening of the street. Messrs. Denebry and Huff stating, however, that they feel the additional property should be used for.widening of the sideualh rather than the roadway as has beem recomuended by the Plaanitg Commission. Mr. George H. ECONOmy, outer of n lot on the north side or Church Avenue, S. M., betueet Jefferson Street aid First Street, appeared and stated that he has already started the construction of a building on his property under a contract with a Rem York firm tad that it mould be iUpossible for him to set back the building If the Ordinance is adopted. Hr. Carter informed Hr. Economy that if Council adopts an Ordinance establishing the setbach lines It qtestlon it mould not be retroactive nor apply to any building already under construction. Hr. Webber moved to table the matter until the next regular meeting of Council. The motion mas seconded by Mr. Wheeler and adopted. PETITIONS ARM CORRUNICAYION$: BUDGET-PARKS A~O PLAYGROUNDS: The City Clerh presented a communication from the Huff La~ Parent-Teacher Association, requesting that funds be included in the 19ST budget for the construction of tennis courts in the Milliamsou Road area. Hr. Webber moved to refer the matter to the City Ranager for inclusion in the 1957 budget study. The motion mas seconded by Hr. Wheeler and adopted. BUDGET-SCMOOLS: The City Clerk presented a communication from the Muff Lane Parent-Teacher Association, endorsing the proposed increase in teachers salaries as include¢ in the Roanoke City School Board budget request for 1957. Mr. Davies moved to refer the matter to the City Manager for inclusion in the 1957 budget study. The motion mas seconded by ~r. Dillard and adopted. STORM DRAINS: The City Clerk presented communications from Mr. and Hrs. J. R. Tuck and Mr. and Mrs. L. M. Black, residents of the 400 block of Uuntington Boulevard, N. E., complaining of a water hole in front of their homes. Mr. Dillard moved to refer the matter to the City Manager for study and presentation to Council of a definite recommendation for elimination of the water hole. The motion mas seconded by Mr. Davies and adopted. REPORTS OF OFFICERS: SYREET LIGUTS: The City Manager presented a report, recommendin9 the installation of twenty-four 21000 lumen street lights, the removal of nine 2500 lumen street lights and the removal of tmo 6000 lumen street ligbts on Second Street, N. E., in the Commonmealth Redevelopment Project area. Mr. Webber moved to concur in the recommendation of the City Manager and offered the following Resolution: (Xl2D91) A RESOLUTION authorizing the installation of tmenty-four 21000 lumen overhead mercury vapor street lights, the removal of nine existing 2500 lumen overhead incandescent street lights and the removal of tmo existing 6000 lumen overhead incandescent street llgbts on Second Street, N. £., between Commonwealth Avenue and Orange Avenue. (For full text of Resolution, 2e Resolution OnoR No. 21, Page 472.) Mr. Webber moved the adoption of the Resolution. The motion mas seconded by Hr. Wheeler and adopted,by, the following vote: · 428 AVES: Council members Davies, Dillard, Pickett, Mebber, Mheeler, end the Vice Presideut, Mr. Carter ...................... 6, NAYS: None .............................. O. (The Prenident, Hr. Young, absent) PURCHASE OF FROPERTT-STRERTS AND ALLEYS: The City Huuuger reported that he bus received lC offer Iron Mr. J. C. Wright to convey to the city a parcel of loud containing 191.Hi square feet or laud on the southeast corner of Jefferson Street and Elm Avenue, S. E** for the purpose of cutting buck said corner, et u price of $1,836.00o which he renomneuded be accepted, the City Manager pointing out that he has been negotiating for this property for s,ne time and that Council has previously authorized its condemuatiou. Hr. Davies u,red to concur in the recummeudntion of the City Manager and to direct the City Attorney to prepare the necessary Ordfuauce pr,riding for the purchase of the said property. The a,Sion mas seconded by Hr. Dillard and adopted. BUDGET-DEPARTMENT OF PCBLICMELFARE: The City Manager reported that he h~ been requested by Mr. Claude M. Dlckerson to increase from $2,010.00 per year to $2,400.00 per year the amount paid under the contract between Mr. Dlckerson and the city for operation of the city pharmacy, such increase to be retroactive to January 1, 1956, the City Manager pointing Out that this request mas made earlier during the year and action thereon postponed, pending completion of the Job Classification plan, the City Manager recommending that the request be granted. Mr. Davies moved to concur in the recommendation of the City Manager and offered the f,Il,ming emergency Ordinance: (a12882) AN ORDINANCE to amend and reordain Section z51, "Physician*, of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 473.) Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Mr. Mebber and adopted by the following rote: AYES: Council members Davies, Pickett, Mebber, Mheeler, and the Vice President, Mr. Carter .................... 5. NAYS: Mr. Dillard ................ l. (The President, Mr, Young, absent) BUDGET-MATER DEPARTMENT: The City Manager reported that the appropriation for Capital Outlay from Revenue as contained in the Mater Department budget for the year 1956 is insufficient by reason of the numerous new main extensions, services and connections required by development of subdivisions, for mhich the subdivider paid, and recommended that the appropriation be increased in the amount of $40,000.00. Mr. Mheeler moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (a12883) AN ORDINANCE to amend and reordaiu "Non-Operating Expense* of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 16th day of January, 1956, No. 12636, entitled, *An Ordinance making appropriations from the Mater General Fund and the Mater Replacement Reserve Fund for the City of R,an,he for the fiscal year beginuing January 1, 1956, and ending December 31, .! 1956~ fixing the rate or pay c! employees or the Water Department; and declaring the existence of an emergency', and providing for an emergency. (For Xnll tent or Ordinance, see Ordinance Book Ho. 21, Page 473.) Hr. Yheeler moved the adoption o! the Ordinance. The motion was seconded by HFS. Pickett and adopted b7 the follomlng vote: AXES: Council members Davies, Dillard, Pickett, Webber, Hheeler, and the Vice President, Mr. Carter ...................... 6. NAYS: Hone .............................. O. (The President, Br. Young, absent REPORTS OF COHRITTEES: BUDGET-AIRPORT: Council at its meeting of October 22, 1956, having referred to a committee consisting of Ressrs. Roy L. Webber, Chairman, Herbert A. Davies, Leigh R. Danes, Jr., J. P. Cruicksbanh, E. W. Rushton, Arthur S. Omens and J. Robert Thomas for study and recommendation a request from the #annger of the Roanoke BnnicJpal Airport, transmitted by the City Homager, for additional funds in the amoont of $2,070.00 for payment of certain employees, allegedly due to reclassification, the committee submitted its report, stating that the necessity for increased funds has not been brought about by reclassification, but. rather, appears to have been brought about on the basis of a desire for additional employee time to meet an additional work load on employees at the Runicipal Airport, the committee making no recommendation thereon. The City Manager then requested that $2,070.00 be appropriated to Hages in the Municipal Airport account of the 1956 budget to take care of the additional work load at the Airport by reason oX increased business. Mrs. Pickett moved to accept the report of the committee and concur in the recommendation of the City Manager and offered the following emergency Ordinance: (n12884) AH ORDINANCE to amend and reordain Section #80, *Airport#, of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 474.) Mrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Nheeler and adopted by the following vote: AVES: Council members Davies, Pickett, Webber, Hheeler, and the Vice President, Hr. Carter .............. 5. NAYS: Mr. Dillard .......... 1. (The President, Mr. Young, absent) HARES-CITY EMPLOYEES: The Job Classification Committee consisting of Messrs. Roy L. Nebber, Chairman, He,bert A. Davies, Leigh B. Hanes, Jr., J. P. Cruichshank, E. M. Rushton, Arthur S. Omens and J. Robert Thomas, heretofore appointed by Council, submitted a report, recommending the following changes in the Job Classification and Pay Schedole Plan heretofore adopted by Council: i. Reclassify Medical Technologist from group XI! to group XI in the COTS section. 2. Beclassify Director of Public Health Nursing from group X to group VIII in the COTS section. .3. Reclassify Maintainer, Treatment, from group XI to group IX in the COTS section. 4. Reclassify Garage Foreman from group XX to grSup IX in COTS section. ~;;429 ~430 5. Change title of DlreCt~or Air Pollution Control to Air Pollution Engineer Ia group Il of COTS 6. Eliminate Signal Technician and Radio Technic=se frow COTS section tad add to Croup Assignments - flourly Paid Jobs the following: Croup 1, Lead Radio Technician Lead Sigsslmin Croup 2. Radio Technician II Signalman II Croup $. Radio Technic=au I Signalman I 7. Reclassif~ Chief of Conmualcatlonso group VIII to Superintendent, Connneicstlons and Signals, group Y in COTS section. Hr. Webber moved to concur in the recommendation or the committee and offered the following Resolution: (=12885) A RESOLUTION making certain changes in the Job classification and pay schedule plan adopted by Resolution No. 12012. (For full text of Resolution, see Resolution Hook No. 21. Page 474.) Rt. Webber moved the adoption of the Resolution. The met=on was seconded by Mr. Davies and*adopted by the following vote: AYES: Councii numbers Davies, Pickett, Webber, Wheeler, and the Vice President, Mr. Carter ..................... NAYS: Rt. D111ard ................. 1. (The Presldeut, Rt. Toang, abseut) UNFINISHED BUSINESS: ZONING: Council at its meeting of October 22, 1956, having referred to the City Planning Commission for study and recommendation a request of Colonel and Mrs. Lucian D. Booth and Rove Corporation that a lot seventy-five feet in width fronting on the north side of Janette Avenue, S. R., west of Franklin Road, be rezoned from Special Residence District to Business District, the City Planning Commission submitted its report, recommending that the request be granted. Mr. Wheeler moved to set a public hearing on the request for 2:00 o'clock, p. m., November 26, 1956, in the Council Chamber, and to direct the attorney for the petitioners to prepare the proper notice of said hearing, have it approved by the City Attorney and present 'it to the City Clerk for publication. The motion was seconded by Rt. Davies and adopted. CONSIDERATION OF CLAIRS: NONE. INTRODUCTION ANO CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 128T3, rezoning property located on the westerly side of Williamson Road, N. W., between Broad Street and Epperley Avenue, from Special Residence District to Business District, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Davies offering the following for lis' second reading and final adoption: (a12673) AN ORDINANCE to amend and reenact Article I. Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 21, Page 45T,) #r. Davies moved the adoption of the Ordinance. The motion was seconded by Hr. Dillard and adopted by the rolloming vote: AYES: Council members Davies, Dillard. Pickett, Rbeeler, end the Vice President. Hr, Carter ........... $. NAYS: None .............. O, (Hr. Rebber not voting) (The President, Hr, ~oaag. absent) ZONING: Ordinance No. 12674, rezaning property located on the northmest corner of Patterson Avenne and Tenth Street. S. #.. from Special Residence District to Ouslness District. having previously been before Council ~r its first reading, read and laid over, mas again before the body, Hrs. Pickett offering the folloming for its second rending and final adoption: (z12674) AN OROINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia. in relation to Zoning. (For full text of Ordinance. see Ordinance Oook No. 21, Page 460.) Mrs. Pickett moved the adoption aY the Ordinance. The motion mas seconded Mr. Rheeler amd adopted by the follomlng vote: AYES: Conncil members Davies, Dillard, Pickett, Webber, Wheeler, and the Vice President, Mr. Carter .................. 6. NAYS: None .......................... O. (The President, Rt. Yoang, absent) STREETS AND ALLEYS: Ordinance No. 12678, vacating, discontinuin9 and closing a portion of Speedwell Avenue, N. W.. approximately 175 feet. in length from the soath line of Churchill Drive, N. W. to a lO-foot undeveloped alley In Oloci 7, Dorchester Court, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Wheeler offering the following for its second reading and final adoption: (n12678) AN ORDINANCE vacating, discontinuing and closing a certain mapped, but undeveloped, portion of Speedwell Avenue, N. W., approximately 175 feet in length from the South line of Charchill Drive, N. W., to a lO-foot undeveloped alley in Block 7, Dorchester Court, City of Roanoke, Virginia. (For fall text of Ordinance, see Ordinance Oook No. 21, Page 46g.) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Davies, Dillard, Picbtt, Webber, Wheeler, and the Vice President, Hr. Car~er .................. 6. NAYS: None .......................... O. (The President, Mr. Young, absent) SALE OF PROPERTY~STREETS AND ALLEYS: Ordinance No. 12879, providing for the sale of a strip of land on the west sideof Ross Lane, S. W., to T. M. Blair, et iai, for a cash consideration of $200.00, having previously been before Council for its first reading, read and laid over, mas again before the body, Mr. Davies offering the following for its second reading and final adoption: (412879) AN ORDINANCE authorizing the conveyance of a strip of land situate on the west side of Ross Lane, S. W.~ to T. M. Blair, et al. (For full text of Ordinance, see Ordiuance~Book.No. 21, Page 470.) .4'31 '/432 Hr. Davies moved the &doptiOa of the Ordieonee. The motion Wis seconded b7 Hr. Dillard end odopted by the folloming vote: AYES: Council members Davies, Dillard, Pickett, Webber. Nheelero and the Vice President, Hr. Carter ............... NAYS: None; ...................... O, (The Prealdeet0 Wv. Young, absent) CHURCHES: Ordinance No. 12880, grantleg permission to the Northmlnster Presbyterian Church to take and hold property located in the City of Roanoke In excess of four but not more than ten acres, having previously been before Conncil for its first reading, read and laid over, was again before the body. Hr. Nheeler offering the follomlng for its second reading and final adoption: (n12880) AN ORDINANCE authorizing the trustees of the Northmiuster Presbyterian Church to take and hold ell of Block I. according to Hap No. 3 of Eonnd Bill Terrace. in the City of Roanoke, for certain purposes. (For full text of Ordinance. see Ordinance Book No. 21, Page 471.) Hr. Hheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Dillard and adopted by the following vote: AYES: Council members Davies. Dillard. Pickett. Webber. Wheeler. and the Vice President. Mr. Carter ................ 6. NAYS: None ........................ O. (The President. Mr. Young. absent) BUDGET-ELECTIONS: Council at its meeting of October 22. 1956. having directed the preparation of the necessary Ordinance to provide for the payment of $15.00 per day for Judges and clerks of election for the General Election to be held on November 6. 1956. Hr. Davies offered the following emergency Ordinance. repealing Ordinance No. 11697 which provides for the payment of $10.00 per day to Judges and clerks of election: (m12886) AN ORDINANCE repealing Ordinance NO. 11697, adopted by the Council on the 2nd day of February, 1953; and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ho. 21, Page Mr. Davies moved the adoption of the Ordinance. Zhe motion mas seconded by Hr. Wheeler and adopted by the follomlng vote: AYES: Council members Davies, Dillard, Pickett, Webber, Wheeler, and the Vice President, Mr. Carter ................. 6. NAYS: None ........... ~ ............. O. (The President, Mr. Young, absent) Hr. Dillard then offered the following emergency Ordinance, providing for a compensation of $15.00 per day for Judges and clerks of election for the General Election to be held on November 6, 1956: (~12697) AN ORDINANCEproviding for a compensation of $15.00 for services to be rendered by Judges and clerks of the general election to be held on November 6, 1956; and providing /or an emergency. (For full text of Or~ nance, see Ordinance Book No. 21, Page 476.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Hr. Webber and adopted by the following vote: AYES:' Couecil members Davies, Dillard, Pickett, Webber, Wheeler, and the Vice President, Mr. Carter ................. 6. NAYS: None ......................... O. (The President, Hr. Yoang, absent) -, ~433 MOTIO~SAND MISCELLANEOUS BUSINESS: NONE. There being no further bu$iness.. Coeecil adJoerced. APPROVED Vice Pre$1demt COUHCIL; REGULAR HE£TIH6, Monday, November S, 1956. The Council of the City of Roanoke met in regular meeting ia the C,ascii Chamber la the Municipal Building, Monday. November S, 1956, ut 2:00 ,*clock, p. m., the regular meeting hour, mith the President, Mr. Young, presiding. PRESENT: Council members Carter, Davies, Dillard, Pickett, Hebber, Wheeler, and the President, Mr. Y,mug ABSENT: Hone ........................... O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph C. Mhittl~ City Attorney, Hr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. INVOCATION: The meeting was opened with a prayer by Mr. Ralph V. Fralln, Assistant General Secretary, Central Y. M. C. A. MINUTES: Copy of the minutes of the regular meeting held on Monday, October 29, 1956, having been furnished each member of Council, upon motion of Mr. Carter, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SUBDIVISIONS: A public hearing on the question of making certain changes in the Subdivision Ordinance of the City of Roanoke previously recommended by a committee appointed by Council, as altered by recommendations of the City Planning Commission, having been set for 2:00 ,*clock, p. mo, Hovember 5, 1956, and notice of said hearing having been published in The Roanoke M,rid-News on October 12, 19S6, and October 19, 1955, respectively, the hearing was held. Mr. R. R. Quick, a member of the committee which recommended the changes, appeared and requested that the hearing be continued until November 13, 1956, in order that he might be beard on the question and have present other interested ~erson$ who have overlooked the date of the hearing and are unprepared to present their arguments. Rt. Darf~s moved to continue the hearing until 2:00 .*clock, p. m., Hovembe 13, 1956, in the Council Chamber. The motion mas seconded by Mr. Dillard and adopted. STREETS AND ALLEYS: A public hearing on the question of vacating, discontinuing and closing a 12-foot wide alley situate approximately 111 feet west of Third Street, S. M., and ruoning in a northerly direction from Salem Avenue to Norfolk Avenue, having been set for 2:00 otclock, p. m., November 1956o in the Council Chamber, and notice of the hearing having been published in The Roanoke M,rid-Hews on October 19, 19S6, and the City Planning Commission having previously recommended that the said alley be closed, the hearing mas held at mhicb no one appeared in opposition to the proposed closing of the said alley. Mr. Carter moved to table the matter for consideration at the meeting of November 13, 1956, The motion was seconded by Mr. Mebber and adopted. PETITIONS AND CO##ONICATIONS: LICENSE TAX CODE: The City Clerk presented a communication from the Roanoke Candy Company and Victory Specialty Company, Incorporated, advising that 023 and $0,23 o! their respective businesses constitute tobacco products on which the gross pr*fit Is 2 1/23 and that the wholesale merchants license under which the two companies operate places thaw in a noncompetitive disadvnntageous position with comparable companies operating in Roanoke. County. the tm* companies requesting that Section 9S of the License Tax Code of the City of RoaR*kc be amended to reclassify thew and provide a lower license .tax rate for their type of business in order that they wight profitably operate in the city. Mr. Arthur E. Smith, Attorney for the two companies, appeared and stated that due to the small margin of profit the two companies will probably have to move into the county unless sene tax relief is granted since they cannot profitably do business in the city under its license tax laws. Mr. Nebber moved to refer the communication to a committee consisting of Nessrs. Harry R. Yntes, Chairman, James N. £inconon, J. Robert Thomas and Renton O. Dillard for study and recommendation. The motion was seconded by Ur. Nheeler and adopted. LICENSE TAX CODE: The City Clerk presented a communication from the Commissioner of Revenue, recommending on amendment to the License Tax Code by the addition of Section 81-C to read as follows: If the Commissioner shall have sufficient reason to believe that the applicant for any merchant, vendor or auctioneers license intends to operate such business for a period of less than twelve (12) months, he shall assess such person with the tax set forth In this section, or may at his election, require a bond or surety to be posted by such person, with the City Treasurer, equal to the amount of tax required by this section plus all penalties and fees doe thereon, or which may become assessable during twelve months of operation of such business. If such p ..... ' shall operate sai~ business the full twelve months, all of the bond or surety shall be released to the depositor, however, if such person shall operate said business less than twelve months, the tax due and assessable under this section shall be collected, together with all fees and penalties due thereon, from said bond OF surety, WJt~ the unearned portion thereof being released to sad depositor. the Commissioner stating that the proposed amendment would greatly facilitate the work in his office and assure the collection of the ~icense tax contemplated under Section 81 of the License Tax Code. Mr. Nheeler moved to ~efer the matter to a committee consisting of Messrs. Harry R. Yates, Chairman, James N. Kincanon, J. Robert Thomas and Benton O. Dillard for study and recommendation. The motion was seconded by Mr. gabber and adopted. ZONING: ~he City Clerk presented a communtcationfro~ Mrs. Eleanor Rerricks et al, requesting that thei~ prope~ty located in the norther'ly side of Memorial Avenue, S. M., between Cambridge A~enne and Denntston Avenue, being Official Nos. 1330118, 1330117 and 133013~, be fez*ned from Special Residence District to Business District. z13§ 436 Mr. Carter moved to refer the request to the City Plaaelag Commission for study and recommendation. The motion mas seconded by Mr. MheeJer and adopted. STORM DRAINS= The City Clerk presented a petition of thirty-four residents In the vicinity of the~2500 block of Chatham Street, N. M.~' advising that after a raja the 2500 block of Chatham Street. N. M., is impassable and.houses amd yar~s inaccessible, due to the collection or storm mater and sewage backing up from the drains, the petitioners requesting that action be taken to elfmfeate this condition. Mr. Charles D. Made° 2522 Chatham Street, N. M., appeared and stated that the collection of water amd sewage at this point inundates the yards of the residents in the area, as well as the street, overflowing into the basements of the houses, and damages their property, and in addition, makes it impossible for ' many of them to reach their homes except by wading, Mr. Made requesting that Council appropriate sufficient rands to sink a drainage shaft in the lam spot on Chatham Street. The City Manager advised that the question of locating a drainage shaft at this point is under consideration in connection with the 1957 budget. Mr. Mebher moved to refer the petition to the City Manager. The motion seconded by Mr. Mheeler and adopted. BBSES-SCHOOLS: The City Clerk presented a communication from the Garden City Civic League, advising that bases transporting children from Garden City to other areas to school do eot carry school bus signs and requesting that these buses be so marked. Mr. Davies moved to refer the communication to the Roanoke City School Board. The motion was seconded by Mr. Carter and adopted. SCHOOLS: The CitI Clerk presented a communication from the Roanoke CitI Education Association, inviting members of Council to visit the 'schools oe Education-Business-Industry Day, November 15, 1956. The communication was ordered filed. REPORTS OF OFFICERS: BUDGET: The City Manager presented his recommended budget for the year 1957. Mr. Davies moved to take the budget under consideration and that Council start its budget study sessions at ?:30 o'clock, p. m., Tuesday. November 13, 1956. The m~tlon was seconded by Mr. Carter and adopted. Mr. Dillard then moved that the members of the Roanoke City School Board be requested to be present at the badget stndy session on November 13, 1956, at which time ~ouncil will consider the school budget request. The motion was seconded by Mr. Mbeeler and adopted. COUNCIL: At this point. Mr. Carter pointed out that the next Council meetin is scheduled on Monday, November 12, 1956, which will be a legal holiday, and moved that the next regular meeting of Council be held at 2:00 o'clock, p. November 13, 1956. The motion was seconded by Mr. Davies and adopted. STREET WIDENING: The City Manager reported that M.M. Rltter Lamber Company, Iacorporatede owners of n tract of land located on the southeast corner of Mllllatsoa Road and Hershberger Road, N. N., have offered to dedicate u strip of land approximately 420 feet ia length on the south side of aershberger Road, N. W., east of Mllliamson Road, to provide rot the widening or Hersbberger Road by ratteen rent and cutting back the corner of Milllamson Road and Dersbberger Road to a 60-foot radius, the City Manager recommending that Council accept the offer. Mr. Carter moved to concur in the recommendation of the City Nanager and offered the following emergency Ordinance: (z12888) AN ORDINANCE authorizing the acquisition of a strip of land approximately 427.4S feet la length on the south side of Hershberger Road. N. east of MJlliamson Road, from ¥. M. Rltter Lumber Company, Incorporated~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 477.) Mr. Carter moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett. Webber. Wheeler. and the President, ~r. Young ............. ?. NAYS: None ....................... O. ZONING-SETBACK LINES: The City Manager recommended that the City Planning Commission be requested to study the question of establishing setback lines on Hrandon Avenue, S. M., between Franklin Road and the city limits, in connection with its study of setback lines on Maple Avenue, S. W., between Jefferson Street and Franklin Road. Mr. Carter moved to refer to the City Planning Commission foratndy and recommendation the question of establishingsetback lines on Brandon Avenue, S. W., between Franklin Road and the city limits. The motion was seconded by Ir. Davies. Mr. Dillard then moved to amend the motion to provide for the study to be made on Drandon Avenue, S. w., between Franklin Road and Murray Run. There being no second, the motion to amend was lost. Hr. Carter*s motion mas adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Webber, Sheeler, and the President, Mr. Young ................... NAYS: Mr. Dillard .............. 1. TRAFFIC-STATE HIGHWAYS WITHIN CITY LIMITS: The City Manager stated that the intersection of Dershberger Road, ~flliamson Road and Firglnla State Route ~o. llR constitutes a major traffic problem and that the intersection lies partly within the city and partly within the county, the City Manager recommending that Council adopt a Resolution, requesting the Virginia Department of Highways to recommend a traffic plan for this intersection. Mrs. Pickett moved to concur in the recommendation of the City Manager and offered the following Resolution: '438 (812889).A RRSOLBTION req·esticg the Stcte Department of fligkwcya to recon·end a traffic plan for the intersections of the Hershberger MOld, abe Mllllamsou Road and Virginia Secoadcry Route N~. lib ccd. therecfter, to establish the pla· as · project to be 'financed Jointly. by the State and City. (For foil text of Besolutlon~ see Resolution Book No. 21, Page 47B.) #rs. Pickett moved the adoption of the Res. Intl.·. The motion mas seconded by Mr. Mebber end adopted by .the following vote: AYES: Council members Carter. Davies, Dlllardo Pickett, Mebber, Bheeler, and the President, Mr. Young ........... 7. NAYS: Name ..................... O. AIRPORT: The City Manager reported that the Dixie Aviation Repair Service has requested permission to sell its business and transfer its lease at the Roanoke municipal Airport to Virginia Alrmotive, the City Manager advising that the lease of the Dixie-Aviation Repair Service entered into under Ordinance No. 11610, adopted on the lOth day of November, 1952, for a period of flee years, mill expire December 10, 1957, but that the lease has a 5-year renewal option, and requested that Council authorize the transfer of the lease as requested by the Dixie Aviation Repair Service. Mr. Wheeler moved to refer the matter to a committee consisting of Messrs. Roy L. Mehber, Chairman, Arthur S. Omens and Ilarry R. Yates for study end recommendation. The motion mas seconded by Mrs. Pickett and adopted. CITY CODE-GRADE CROSSINGS: The City Manager presented an Ordinance. prohibiting the loitering of any person la a pedestrian underpass in the city, which he recommended be adopted. Mr. Carter moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (u~2890) AN ORDINANCE to amend Chapter 25 of The Code of the City of Roanoke, relating to Public Sidewalks, by the addition of a new section, to be numbered Sec. 14, prohibiting loitering or standing in, or mJthin certain distances of, public p.edestrian underpasses across public streets or railroad rights of may; and pr.riding for an emergency. (For fall text of Ordinance, see Ordinance Book No. 21, Page 479.) Mr. Carter moved the adoption of the Ordinance. The motion mas seconded by Mr. Davies and adopted by the foil.ming vote,: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Mheeler, and the President, Mr. Young .................. T. NAYS: None ............................ O. CITY TREASURER: The City Manager reported that the Purchasing Agent has received bids for famishing four accounting tax billing machines for the City Treasurer from The National Cash Register Company. in the amount of $14,664.54. and Remington Rand, in the amount of $11,900.00, and recommended that the bid of Remington Rand be accepted. Mr. Mebber moved to concur in the recommendation of the City Manager and offered the following Resolution: (Ol2~Vl) A RESOLUTION accepting the proposal of Remington Rand, Roanoke, Virginia, tot furnishing the City or Roanoke rnur nccouoting lax billing machines ia the total auount of $11,900.00 aeC, delivered; and authorizing and directing the P~rckosing Agent to purchase the machines in accordance with said proposal. (For full text or Resolution, see Reaolutioa Book Ne. 21, Page Mr. Webber moved the adoption of the Resolution. The motiol mas seconded by Hr. Carter and adopted by the following vote: AYES: Council members Carter, Dillard, Pickett, Webber, and the President, Mr. Young .......................................... 5, NAYS: Messrs. Davies and Mheeler ........... 2. DOOCET: The City Manager reported that due to a reallocation of the Jurisdiction of the Circuit Court and an increase In the pay o! the Judges of the Clrcnito'La~ and Chancery, and Hustings ConFt$ under enactments of the 1956 ~ession of the General Assembly It mill be necessary to appropriate $2,292.92 for the salary of the Judge of the Circuit Court, $1,147.92 for the salary of the Judge of the Lam and Chancery Court, and $1,14T.92 for the salary of the Judge of the Oustings Court in order to pay the city*s proportion of the Judges' salaries to the Commonwealth of Virginia, the City Manager recommending that such appropriations be made. Mr. Dillard moved to concur In the recommendation of the City Manager and offered the following emergency Ordinance: (a12H92) AN ORDINANCE to amend and reordaln Section u20, "Hustings Court', Section a21, 'Circuit Court". and Section =22. "Law and Chancery Court", of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 4HO.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Mebber and adopted by the following vote: AYES: Council members Carter, Davies, Dillard~ Pickett, Web~ r, and Mheeler ................................. NAYS: The President, Mr. Young--1. REPORTS: The City Manager transmitted a report of the Department of Public Welfare for the month of September, 1956oand reported other departmental reports on file in his office. - The report mas ordered REPORTS OF COMMITTEES: NONE. UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. · INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Dons AND CAYS: Council at its meetln9 of October 29, 1956, after holding a public hearing on a proposed Ordinance to.amend and reordain Chapter 49 of the City Code, relating to dogs and cats, having directed the City Attorney to rewrite the proposed Ordinance, making the necessary corrections to Sections 7, 13 and 16 to meet complaints brought out at the public hearing, the Ordinance as rewritten by the City Attorney was again before the body. 440 Mr. ~A~ S. Garren, Presideet or the Ronnoke [ennel Club, appeared beg,re Council and state~ that his club still objects to the provisions or Section 5, as contained in the proposqd. Ordlnaaee, which, in his ppiulon, places it any one person the determination that a dog is a public nuisance. At the request or the Mayor, the City Attorney p,luted out that the determination rests la the courts'rather than In any Individual, that the Ordinance provides that any individual wight initiate action where a dog or dogs are contended to be public nuisances, but that final determination rests In the courts. Hrs. C. H. Thomas and HFS. Joseph O. Berne, representing the local chapter of the Society for the Prevention of Cruelty to Animals, appeared and stated that they are in favor of the Ordinance. hr. H. L. flsmberger appeared and stated that he is in favor or the- Ordinance. Hrs. Pickett proposed the following changes Jn the Ordinance as rewritten: (a} Delete all emergency provisions. (b) Auend Sec. 1. Definitions., subsection entitled "To run at largeu or #running at large', of the proposed Ordinance by changing the period at the end of the paragraph to a couma and adding the words #, or without being in the personal ~resence of the owner or custodian of said dog and under said omner*s or custodian's immediate control." (c) Amend Sec. 3, subsection (b), third line, by deleting woFds even though and substituting word unless. (d) Amend proposed Ordinance by adding a new section, Sec. 19. Civil Liabilities., providing as follows: The owner or keeper of any dog which shall, off the premises of such owner or keeper, injure or damage the property o~ another shall be liable in damages to such other person, irrespective of negligence on the part of such owner or keeper, which damages may be recovered by action at law as are other claims and demands between individuals. There being no objection, the emergency provisions were removed from the Ordinance. Mr. Carter moved to leave Section 1, Definitions, as wrltten. The motion was seconded by hr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, #ebber, Nheeler, and the President, Mr. Young ..................................... NAYS: Council members Dillard and Pickett ........ 2. Mr. Davies then moved to leave Section 3, subsection (b), of the proposed Ordinance, as written. The motion was seconded by Mr. Carter and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Hebber, Hheeler, and the President, Hr. Young ...................... 6. NAYS: Mrs. Pickett ................ 1. Mr. Dillard then moved to add the proposed Section 19 as recommended by Mrs. Pickett to the Ordinance. The motion was seconded by Hrs. Pickett and lost by the following ~ote: ATES: Council members Dillard and Pickett ............. 2, HAYS: COUlCll members Carter, Davies, Uebber, .#heeler, ted the President, Ur. Yonag ......................... · Ur. Carter them moved to provide for a minimum fine of $5.00 and a maximum fine of $50.00 under the p~n~lty provisions in Sec*ica 10 of the proposed.Ordinance The n~tlon mas seconded by Ur. Davies and adopted. Ur. Carter then offered the folloming Ordinance and moved that it be placed upon its firs*reading:. (n12093) AN ORDINANCE amending and reordaining Chapter 49, relating to dogs our.cats, of the' Code of the City of Roanohe; adding thereto provisions relating to the immunization of certain dogs against rabies; repealing Ordinance 11737 and Ordinance No. 12340 designated as the Dog Immunization Ordi.nance. H£ IT ORDAINED by the Council of the City of Roanoke that Chapter 49, relating to dogs and cats, of the Code of the City of Roanoke be, and It is hereby, amended and reordalned lo .its entiret~ so as to read and provide as folloms: Sec. I. Definitions. The folloming mords, terms and phrases, when used in this chapter, have the meaning ascribed to them in this section, except where th~ context clearly indicates a different meaning: 'Commissioner' = The Commissioner of Health of the City of Roanoke. *Dog' - Every dog regardless of sex or age. *Owner* - Every person having a right of property in a dog. or who keeps or harbors a dog, or who has a dog in his or her care, or who acts as the custodian of a dog. 'To run at largew or 'running at large" - To roam, loiter, walk, run or be off the premises of the owner without b~ing caged, muzzled, physically carried or held by leask by a person thoroughly capable, physically and mentally, of controllfn~ the deg. 'Treasurer* - The City Treasurer of the City of Roanoke and his duly qualified Deputies. = 'Vaccinate', "Vaccinated" or 'Vaccination'- The immunization of a dog against rabies, by adaly ,licensed veterinarian, whether by inoculation, . vaccination or any other method or treatment approved by the Commissioner. ~Nardea' - The Dog #arde~ of the City of Roanote, or a duly qualified Deputy. Sec. 2, Doq Uarden. The City Yanager shall designate a member of the police force to be known as the Dog Narden of the City of Roanoke, whose special duty it shall be to enforce the provisions of this chapter and to be in charge of the operation of the City pound. Sec. 3. Regular'ion of Doqs; Certain Acts Forbidden. (a) It shall be unlawful for the owner of any dog, of the age of four (4) months or more, to keep or maintain:such dog within the City of Ronnote unless such dog is licensed as required by Chapter 9, of Title 29, of the Code of Virginia. as amended, and unless such dog shall have been vaccinated within three (3) years next preceding such dog's being within said City. 4,4:2' (b) Also, it nbell be unlawful rot the onner of any dog to allow such dog to run at large, at any tine, within the City or Roanoke, even though said dog be both lanrullyllcensed and vaccinated. . (c) Further, it shall be nnlanrul for the onner or any dog to allen, cause or permit such dog to enter any public hall, restaurant, ice cress parlor, sort drlzk parlor, or the public Barker building or the Harket Square zt any tine, or any office or store during the tine that such office or store is open rot public business, whether the dog be nuzzled, or on leash or, otbernfse, under the lumediate control of such owner. (d) Furthernore. it shall be unlnnrul for the owner or any dog to allow, cause or permit such dog to be In any hallnay of any building occupied by two or nora rauilies, unless such dog is effectively caged, nuzzled, physically carried or held by leash by a person thoroughly capable, physically and mentally, of controlling such dog. The provisions of subsections (c) and (d), supra, shall not apply to 'seeing-eye' dogs properly trained to assist blind persons nben such dogs are actually being used by blind persons for the purpose or aiding them Jn going from place to place. Sec. 4. Hitches in Heat. It shall b; unlawful for any owner to allow, cause or permit any bitch in heat to be off the premises of such owner or to remain on such premises to the annoyance of any other person or to the neighborhood. It shall be th~ duty of the Warden to take into custody and confine in the City pound, to be disposed of in accordance with Sec. 16 of this chapter, any such bitch found off the premises of its owner and, also, any such bitch kept on the premises of an owner wbo, after 24 hoars' notice from the Warden, has railed to effectively confine snob bitch in a wanner not to cause further annoyance to any person or to the neighborhood. Sec. 5. Barkinq or Howling Dogs. The harboring or keeping of any dog, which by loud, frequent or habitual barking or howling or by any other conduct, hall cause annoyance and disturb the peace and quiet of any person or neighborhood shall be unlanful and a violation of this chapter, and any such dog is hereby declared to be a public nuisance. Any such dog may, after reasonably notice has been given by the Rarden to the onner of such dog, ir known, or upon complaint or any person, if such owner be unknown, be impounded and confined in the City dog pound by the Warden, the Game Warden or any police officer, and the owner shall be subject to the penalties provided for in Section 18 of this chapter. Disposition of any such dog shall be in accordance with Section 16 of this chapter. Sec, 6, Vicious Doqs. It shall be unlawful for any owner to keep within the City of Roanoke any dog which Is known to be vicious or which has evidenced a disposition to attack human beings. Any owner wbo shall violate this section shall, upon conviction, be liable to the penalties provided for in Sec. 16 of this chapter. Upon conviction of any owner for a violation of this section, the Judge of the Court trying the case nay order the Warden, or any other officer, to huoanel kill such dog, .' Sec. ?.. Vaeelnatlon of Dog~. ~o dog over four (4) mouths of age shall be permitted within the City er Roanoke, unless such dog shall have been vaccinated wlthlu a period or three (3) years, either at a clinic established la the City by the Commissioner for the purpose or by a duly licensed veterinarian, and the omner or every dog so vaccinated shall be presented a tag. of such material and design as shall be prescribed by the Commissioner, furnished by said clinic or veterinaries on which tag shall appear the year in which the dog was last vaccinated. A charge shall be wade for vaccinations made at such clinics, mhlch charge, however, shall not exceed the actual cost of vaccination or SI.SO. mhlchever is the lesser; provided, homever, that in any case in which such charge would result in a demonstrable hardship, no charge shall be made. Sec. 8. Certificate of Vaccination; Production upon Application for State Boq License. Ca) At the time a dog is vaccinated, a certificate of such fact shall be fsseed to the owner, mhich shall contain a description of the dog, the name of the ember, the date on mhich such vaccination took place and the type of vaccination used, and the signature of the veterinarian who vaccinated the dog. (b) Every owner applying for a license for a dog shall exhibit to the Treasurer the certificate so issued showing that the dog was vaccinated at some time during the three (3) years immediately preceding the date of the issuance of the license. The Treasurer shall decline to issue the license applied for until such certificate is exhibited to him. (c) Every person having such a certificate of vaccination and milfully failing or refusing to produce the same to the Treasurer as hereinabove required, and every person exhibiting to the Treasurer a certificate of vaccination issued for some dog other than that for which such person is applying for a dog license shall be guilty of a misdemeanor and punished in accordance with Sec. 16 of this chapter. (d) It shall be the duty of the Treasurer to examine, under oath, all applicants for dog licenses who decline to exhibit the above-mentioned certificate for the purpose of determining If the applicant's dog has been vaccinated. If the Treasurer be satisfied, fromsuch interrogation, that such dog is kept in the City and has not been vaccinated he chall promptly notify the Warden of such fact; supplying the Warden with a brief description of the dog and the applicant's address. (e) Every owner shall be reqaired to provide each dog with a collar to which the license tag and, also, the vaccination tag provided for in Sec. supra, must be affixed, and shall see that the collar and said tags are constantly Worn. Sec. 9. Dogs Rhich Hage Bitten Persons or Animals The Warden, the Game Warden, the Commissioner or any police officer ic hereby authorized to cause to be impounded, for examination, any dog known by snch officer to have bitten any person or other animal, thereafter to be disposed of a~ ordered by the Commissioner 4~,'3 :444 il accordance ulth kke provisions of this chapter. The Commissioner is hereby expressly authorized and empowered, under vuleu and regulations to be established by him.'te cause to be humanely killed ail such dogs kuomn or reasonably suspected to be infected.with rabies, and0 fu event OF do?bt us to such JnFectloB, hO way cause such dogs to be isolated in the City pound, or in any other place authorized by said Commissioner rev such period or time nut less than twelve i12) days for such examination as the Commissioner may prescribe. See. lO. Rul~s Governing Killingr Treotuen~, OF Isolation oF Oo~s Infected uith Rabies. The CommisJioner is hereby expressly authorized and directed to adopt and promulgate rules and re~ulations governing the hilling, treatment or isolation of dogs, infected oF suspecled to be infected with rabies and be may promulgate such additional rules and regulations as may be necessary in his Judgment to effectually carry out the provisions of this chapter. Such rules and regulations may authorize the Warden, the Game Warden or any police officer to kill, on sight, any dog known by any such officer to be infected with rabies. Sec. 11. Reporting Knowledqe of Rabies to Commissione£. Every owner, veternarfan, or other person, upon ascertaining that any dog Is known or suspected to be rabid shall immediately notify the Commissioner; giving, if knoun, the name and address of the owner of such dog and the place uhere it may be found. Such dog shall be immediately Impounded and securely kept until the Commissioner can make or cause to be made the requisite examination and, If fonnd to have rabies, the dog shall immediately be humanely killed. Sec. 12. R~d Doos~ Emer~enc~. Upon proof satisfactory to the Commissioner that a dog Unrented with rabies is running at large and has bitten other dogs, the Commissioner shall have pomer to declare an emergency to exist in any part or all of the City, whereupon the owners of all dogs in the City or the part thereof mhere such emergency exists shall keep them confined on their premises for such )cried of time notexceedin9 forty-five (45) dais as shall be prescribed by the Commissioner. Sec. 13. P~ovisions Applicable to Catsv etc. All provisions of sections q through 12, supra, insofar as they relate to rabies and the control thereof, shall apply also, and equally, to cats and other animals snsceptible to rabies. See. 14. City Pound. The Council shall, from tine to time, designate where the City pound shail be located and shall provide suitable pens, enclosures and buildings for the conduct of the same, the type to be approved by the Commissiol It shall be the duty of the Warden to see that all dogs, or other animals, impounded in the City pound are adequately fed, watered, sheltered and, otherwise, humanely treated. Sec. 15. ~mpoundinq Certaiu Uogs, It shall be the duty of t~e Warden, t~ Game Marden or any police officer to seize and impound iu the City pound any and every dog found in the City in violation of any provision of this chapter or in violation of any State law rela~ing to dogs. The Warden, upon impounding any dog° shall make a complete registry, entering the breed, color and sex of such dog and whether licensed. If licensed, be shall enter the name and address, of the owner and the number of the license tag. Licensed d~gs shall be separated from unlicensed dogs. The [srdeu shell exercise reesoesble diligence to ascertain the tame or theomner or every dog impounded sad, if such owner Is found, to promptly uot~fy kin or such imponedJeg. Sec. 16. OJsposftfoe of Zmpoueded Doffs. Every dog lmponeded under the prorisioes of this chapter, except upon snsplclon of being infected with rabies, shall be kept and disposed or as follows: (e) If the owner or such dog be known etd such owner appear within five (5) days sad clels the same. and establish to the satisfaction of the [arden that such dog has been vaccinated as required by this chapter, it shall be delivered lo such owner upon proof of payment of any required license tax on such dog, payuent to the City of the expense of impounding end keeping said dog at the rate of $1.00 per dey~ end payment of any fine and costs assessed against Such owner; or (b) If the owner of such dog be unknown to the [arden and no person claim said dog, as owner, uithln five (5} days. the [arden may deliver such dog to any person or agency in the City who will insure the vaccination of such dog. if required, and pay any required license tax on such dog and will pay to the City the expense of impounding end heaping sald dog at the said rate of $1.00 per day. with the understanding, houever, that should the legal numar, thereafter, claim the dog and prove bis ownership, he may recover such dog by paying to the person to whom it wes delivered by the [arden the amount of all charges paid by such person under this section together with a reasonable charge for the keep of the dog while In his possession. (c) If any such dog be not disposed of under paragraph (a) or paragraph (b). supra, within seven (?) days from the impounding of such dog, the [arden may deliver such dog to any Virginia hospital or reputable institution of learning for research purpose in the study of prevention of diseases or the betterment of mankind; otherwise, it shell be the duty of the [arden to dispose of such dog by humanely killing. (d) No dog shall be released from the, City pound, except pursuant to subsection (c) immediately above, nntll it is shown to the satisfaction of the [arden thatsnch dog'has been properly licensed and vaccinated as herein provided for, such licensing end/or vaccination to be et the expense of theowner or claimant of such dog. Sec. 17. Separability of Provisions. It is the intention of the City Council that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, end it is further the intention of the City Council that if any provision of this Ordinance be declared invalid, ell other provisions thereof shall remain valid and enforceful. Sec. 1~ Penalties. Any person convicted of a violation of any provision of this chapter shall be punished by a fine of not less than.SS.00 nar more than $50.00 or by confinement in jail not exceeding thirty (30) days, or by both such fine end Jail sentence, and each violation and each day*s continuance thereof shall constitnte a separate offense. 4'46 ,BE IT FURTHER ORDAINED tknt Ordinance No. 11737 and Ordinance No. 12340 heretofore adopted on March 16, 1953, and March 21, lgSS', respectively, entitled the Dog fmmnalcntlou Ordlnsuceb b~, and they are hereby, RBPEALED. The motion mas seconded by Mr. Davies and adopted by the folloning vote: .AVES: Council membera Carter, Davies, Webber, Nheeler, and thb President, Br. Young ....................... 5. NAYS: Council members Dillard and Pickett .......... ZONING-SETBACK LINES: Council at its meeting of October 2g, 1g$6, having held a public hearing on the establishment of building setback lines on both the north audsouth sides of Church Avenue from Second Street, S. E., to Second Street, S. M., and having tabled the matter until the next regular meeting of the body, the matter mas again before Council. HFo Carter moved to insert in the Ordinance previously prepared provisions for a 3-foot setback line on both sides of Church Avenue. The notion mas seconded by Br. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Mheelero and'the President, Br. Young ..................... 5. NAYS: Boasts, Dillard and Webber ............ 2. #r. Carter then moved that the following Ordinance be placed upon its first reading: WAN ORDINANCE establishing building setback lines on both the north and south sides of Church Avenue from Secocd Street, S. E., to Second Street, S. WHEREAS, notice has been duly publishe~ as required by lam and the property owners in the affected area notified that Council would hold a public bearing on the 2gth day of October, 1956, at 2:00 o'clock, p. m., tn the Circuit Court Boom (Council Chamber), in the Municipal ~ullding, Roanoke, Virginia, on the qnestion of establishing building setback lines of not less than three (3) nor more than five (5) feet on both the north and south sides of Church Avenue from Second Street, S. Eo, to Second Street, S. with the intent of providing for a future widening of said Church Avenue from Second Street, S. E., to Second Street, S. M.; and MBEREAS~ the said hearing was held at the time and place aforesaid by the Council of the City of Roanoke, at which bearin9 all pr6perty owners in the affected area and all other persons were given au opportunity to be heard on the question; and BHEREAS. the Roanoke City Planning Commission bas recommended and approved the establishment of such building setback lines on said Street for the purpose hereinabove stated; and WHEREAS, after hearing all of the evidence submitted, Council is of the opinion that the building setback lines herein provided for should be established; TBEBEFORC, BE IT ORDAINED by the Council of the City of Roanoke th~ building setback lines be, and the same are hereby, established 3 feet from and parallel to both the present north and south lines of Church Avenue from Second Street, S. to Second Street, S. M., mith the intent of providing a future midth for said Church Avenue from Second Street, S. E., to Second Street, S. BE IT FURTHER ORDAINED that no building hereafter erected on lots abutting said Avenue between Second Street, S. E., and Second Street, S. M., shall extend over said setback line as established by the provisions of this Ordinance." Yhe motion mas seconded by Mr. Davies and lost by the following vote: AYES~ Council members Carter, Davies, and the President, Mr. Young ....... NAYS: Council members Dillard, Pickett, Webber, and Bheeler .........4. PURCHAS£ OF PROPERTY-STREETS AND ALLEYS: C,ascii st its meeting or October 29. 195&. baring directed tie preparation of nm Ordinance providing for the )arches, of 191.05 square feet or land on the southeast corner of Jefferson Street and Elm Ay,sue. S, E** Mr. Davies offered the following emergency Ordinance: (m12694) AN ORDINANCE amending Ordinance No. 12770 providing rot the acquisition or a small parcel of land constituting the southeast corner or Jefferson Street and Elm Avenue. So E.; designating the fund from mbich the purchns )rice thereof may be paid; and providing for aa emergency. (For full text of Ordinance. see Ordinance Book No. 21. Page 4Gl.) MF. Davies moved the adoption of the Ordinance. The motion mas seconded by Mr. Mebber and adopted by the following vote: AYES: Council members Carter. Davies. Dillard. Pickett. Mebber. Mheeler. and the President, Mr. Young ..................... 7. NAYS: N,an ............................... O. MOTIONS AND MISCELLANEOUS DUSIN£SS: MEMORIALS-GRADE CROSSINGS: Mayor Young stated that on September 10, 1956, Council received a report of a committee consisting of Messrs. Robert M. Moody, Chairman, M. Carl Andrews and A. B. Stone, recommending that a memorial plaque be placed ga a concrete monument at the southerly end of the Jefferson Street Grade Crossing Elimination Viaduct la connection with the naming of said bridge in honor of the late Milliams P,arc, Bunter, which report was tabled for future consideration, the Mayor stating that Council should take some action with reference to this memorial without further delay. . Mr. Davies moved to request the committee c,amis[lng of Messrs. Moody, Andrews and Stone to consider placing the memorial plaque on the southern entrance to the pedestrian underpass across the Norfolk and M, stern Railway Company right of way at Jefferson Street rather than on a concrete monument as previously recommended and to submit its report thereon to Council. The motion mas seconded by Mr. Mheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, and Wheeler ................................. NAYS: The President, Mr. Young .......... 1. There being no further business, Council adjourned. APPROVED 44:-7 /448 COUNCIL, REGULAR REEVING, Tuesday, November 13, 1956. The Council of the City of Roanoke met in regular meetllg iu the Council Chamber Ju the #uulcipal Ruildiug, Tuesdoy, November 13. 1956, ut 2:00 o'clock, p. m** the regular meeting hour, uith the President, Hr. Young, presiding. PRESENT: Council members Carter, Davies, Dillard, Pichett, Webber, Mheeler. and the President, Hr. Young ..................... 7. ABSENT: None ............................. O. OFFICERS PRESENT: Sr. Arthur $. Oweus,.CJty Manager, Hr. Randolph G. MhJt%le, City Attorney. RE. Ilnrey R. Yarns, City Auditor, and Hr. J. Robert Thomas. City Clerk. INYUCATION:~The meeting was opened with a prayer by the Reverend J. Manly Cobb. Rector, St. Janes Episcopal Church. . MINUYES: Copy of the minutes of the regular meeting held on Monday. Novembe 5, 1956. having been furnished each member of Council. upon motion of Mr. Mheeier, seconded by Mr. Davies and adopted, the reading mas dispensed uith and the minutes approved as recorded. REARING OF CITIZENS UPON PUBLIC MATTERS: SUBDIVISIONS: A public hearing on the question of makfog certain changes in the Subdivision Ordinance of the City of Roanoke as previously recommended by a committee appointed by Council and concurred in by the City Planning Commission. with certain alterations, having been continued from the meeting of November 5. 1956, Rr. Elbert H. Maldron. representing the Roanoke Valley Home Ruilders Association, appeared and filed a statement with Council wherein he pointed out that the proposed amendments to the Ordinance mould add approximately $210.00, plus administrative overhead, to the cost of a 60-foot lot in the average subdivision, which, in the opinion of his association, would in effect do away with the ability to provide low income housing and mould preclude the development of large areas due to the tremendous outlay of capital and would bring on a rash of snail subdivisions with their attendant problems, Mr. Raldron stating further that his association is opposed to the proposed changes in the Subdivision Ordinance. Also appearing ia opposition, were Messrs. Leon R. EItchen, C. E. Eefauver, R. R. Quick, Charles C. Rush, Jr., A. T. Loyd and R. Douglas Nininger. Mr. Mhittle, Chairman of the committee recommending the' changes, advised that bis committee took into consideration all the objections from the opponents before submitting its report, and at his request, Mr. H. Cletus Broyles, City Engineer, advised that from an engineering point of view heavier loads authorized for vehicles in the state require the extra inch of stone base for streets, and that the installation of curb and gutter is necessary to provide for control of storm maters, and in addition, will prevent deterioration of the streets at the shoulders, thereby providing an economy in maintenance. Mrs. Pickett moved that Council concur In the recommendations of the committee and the City Piano/ag Commission and that the following Ordinance be placed upon its first readiog~ (t12895) AN ORDXNANCE to amend amd reordaln Section IX. Physical Improvements, of the Subdivision Ordinance of the City of Roanoke. MHER£AS, a Committee, heretofore appointed by this Council and directed to study the Subdivision Ordinance of the City of Roanoke, to hold such hearings and conferences as It considers necessary and, thereafter, as deemed advisable, to recommend additions to or deletions from said Ordinance, rot the consideration of Council, did, under date of September 6, 1956, file its report in mrltlng recommend- log that the Ordinance be strengthened by making certain additions to Section IX., Physical Improvements, thereof: and MBEREAS, this Council, thereafter, referred its aforesaid Committee's report to the City Planning Commission for study and recommendation, which Commission. by Its written report of October 4, 1956. substantially concurred in the aforementioned report of Council's Committee; and WHEREAS, notice of intention to amend the said Subdivision Ordinance of the City of Roanoke mas, thereafter, published once a week for two successive meeks: namely, on the 12th and 19th days of October, 1956, in the Roanoke Norld-News a newspaper of general circulation in the City of Roanoke and the County of Roanoke, by which all persons affected by such regulations mere notified to appear on November 5, 1956, at 2:00 o'clock, p.m., in the Circuit Court Room (Council Chamber} in the Municipal Building, in the City of Roanoke, to present their views with respect thereto; and WHEREAS, this Council, having heard all interested persons at the aforementioned time and place and after carefully considering all evidence, information and statements produced and made at said public hearing, its aforementioned Committee's report, the report of the City Planning Commission. as well as Its independent Judgment. is of the opinion that said Ordinance should be amended as herein provided; TDEREFOR£. BE,I~ ORDAINED by the Council of the City of Roanoke that Section tX., Physical Improvements, of the Subdivision Ordinance of the City of Roanoke be, and said Section is hereby, amended and reordalned so as to read as folloms: Section 'IX. Physical' Improvements. The folloming Improvements shall be required to be installed by the subdivider in subdivisions lying in mhole or in part, within the corporate limits Of the City of Roanoke, when such subdivision shall include or involve any public street, any extension of the City sewers or public and priyate water systems, any right-of=say connecting two public streets, or any easements for any of the fore- going: and the same shall be installed in strict accordance mi~h the specifications provided herein as approved by the agent and the City Engineer. A. (I) Streets must be graded 'to a minimum width of fifty feet, and graded to the cross section and profile approved by the agent and the City Engineer. The ;'. 449 ,;450 subdivider sbul! be required to Justull · rive-inch oompucted stole buse betmeeu the curbs nad pave the some mith lO0 pound, double sar/ace eveR,went, YJrglnfu Department or ~ighmays speciricutinnso The subdivider shall provide curb and gutter or the type end to the specifications currently being installed by the City or Rosaohe; provided, that where the installation or such type is Rot practical, as may be determined by the Director or Public ~orhs and the City Engineer, valley gutters, of a permanent type, may be supplied. (2) The facilities for underground utilities such as sewer and water. Including sewer and water laterals to eacb lot line when laid in streets, shall be in place prior to final surfacing. All facilities for utilities shall, where possible, be placed in alleys or In easements provided for that purpose at the rear of the lots In the subdivision, or located as approved by the Director of Public ~orks. B. The subdivider shall install sewer maids and semer laterals, extended to the property line of each lot. in accordance with size, depth and profile appro by the Agent and the City Engineer. lo cases where it Is found impractical by the City Engineer and the Direct of Public #orks to install or connect with existing sewer systems, the installation of septic tanks may be permitted. C. The subdivider shall provide an adequate water system, which system shall be approved by the Director of Public Norhs. D. #here a drainage problem exists or will be created by the subdivision or development of land the subdivider shall be required by the Planning Board to provide necessary facilities to drain the area of the subdivision in question by a plan to be approved by the City Engineer. This may be accomplished by the proper grading or the area or by the installation of a system of drainage pipes, structures, culverts, ditches, etc. In cases where it is impractical or unreasonable to eliminate the drainage problem as provided above, the Planning Board shall require that certain areas the subdivision, or other lend available to the subdivider, be designated for seepage and absorption. No areas set aside for seepage and absorption, pursuant to this paragraph, shall, thereafter, be altered, in any manner, so as to decrease drainage efficiency; and there shall be reserved unto the City of Roanohe the continuing right to go upon such areas and restore or, if passible, increase the seepage efficiency. In instances where it is impractical to get rid of drainage water and larger drainage areas are not required, the subdivider shall install seepage pits or French drains. E. Street signs of approved standard design shall be installed at all street intersections. The notion nas seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Rabbet, Mheeler; and the Pres/deut, Ur. Yonng ....................... NAYS: Mr. Dillard .................. 1. PETITIONS AND COMMUNICATIONS: STREET LIGHTS: The City Clerk presented a communication from the Appalachian Electric Power Company, reporting the removal of one 2500 lumen street light ia the city during the month of October, 1956. The communication wes ordered filed. STREETS AND ALLEYS: The CltyClerk presented a petition from Mr. Abram J. Novick, requesting that au alley running eastward from Thirteenth Street, N. between Gregory Avenue and McDowell Avenue. to the property of the Halson Hardware Compauy, be vacated, discontinued and closed, and requesting the appointment of viewers to view the property and report thereon as required by Mr. Robber moved to refer the request to the City Plonnlng Commission for study and recommendation, The motion was seconded by Mr. Wheeler and adopted. Br. Rheeler then offered the following Resolution providing rot the appointment of viewers: (n12a96) A RESOLUTION providing for the appointment of five freeholders, any three of whom may act as viewers in connection with the petition of Abram J. Novlch to permanently vacate, discontinue and close a certain mapped, but undeveloped, alley running through Section 2, according to the Rap of Gray and Boswell, Crozier Addition, which mop is recorded in Deed Uook ITS, page 153. in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, which alley extends eastwardly from 13th Street, N. E., between Gregory Avenue, N. E.. and HcDomell Avenue, N. £., to a dead-end on the property owned by Nelson Uardware Company on the East. (For full text of Resolution, see Resolution Book No. 21, Page 467.) Hr. Wheeler moved the adoption of the Resolution, The notion was seconded by Mr. Carter nod adopted by the following vote: AYES: Council members Carter, Davies, Dillard. Pickett, Webber, Wheeler, and the President, Hr, Young-~ .................. 7. NAYS: None .............................. O. SEWAGE DISPOSAL: The City Clerk presented a Resolution of the Board of Supervisors of Roanoke County, requesting that the contract of September 28, 1954, between the Ctty of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, be amended to include an area lying to the north of Hershberger Road tn the vicinity of Virginia State Route No. liT. RoT L. Robber, Chairman, Molter L. Young, Arthur S. Owens and Randolph G. Nhittle for study and recommendation. The motion was seconded by Mr.. Mheeler and adopted. BUDGET-COMPENSATION BOARD: The City Clerk presented copies of budget requests of the Commonwealth's Attorney, the Commissioner of the Revenue, the City Sergeant, the City Treasurer and the Clerk of Courts as transmitted to the State Compensation Board by the said officers. Hr. Mebber moved to file the reques~ for consideration along with the 1957 budget. The motion was seconded by Mr. Nheeler and adopted. :451 4.52, REPORTS OF OFFICERS: PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that he has secured from Goodmill lndestry and Gospel Mission or Roanoke, Incorporated, nn option for the purchase or 715.91 square feet or land om the north side of Salem Avenueo S. M., between Jefferson Street and First Street, at a price of $20,000,00, which has been approved by the Virginia Department of Highways, and recommended that Council accept the offer. Mr. Carter moved to concur in the recommendation of the City #meager and offered the following emergency Ordinance: (a12897) AN ORDINANCE authorizing and directing the acquisition by purchase of ?15.91 square feet of land on the north side of Salem Avenue, S. M., between Jefferson Street and Isa Street, from Goodwill Indm try ~ Gospel Mission of Roanoke, Incorporated; providing for the payment of the purchase price there- for; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 21, Page 488.) Mr. Carter moved the adoption of the Ordinance. The motion was seconded by Hr. Mebber and adopted by the folloming vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young .......... ~ ....... 7. NATS: None ............................ O. PURCHASE OF PROPERTY-STREETS AND ALLEYS: The City Manager reported that he has secured an option from D,mat.wu Parking Company, Incorporated, to purchase 134.75 feet of laud located on the north side of Salem Avenue, S. M., between Jefferson Street and First Street, at a price of $11,400.00, and in addition, a small parcel of land located on the southeast corner of Horfolk Avenne and First Street, So ~o, for the widening of the radius of that corner, for a nominal consideration of $1.00, which has been approved by the Virginia Department of Highways. and recommended that Council accept the offer. Mr. Davies moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~12HgB) AN ORDINANCE authorizing and directing the acquisition of certain land from Downtown Parking Company, Incorporated, for the widening of the first block of Salem Avenue, S. M., and of the Intersection of Norfolk Avenue and 1st Street, S. M., upon certain terms and conditions;, appropriating funds for the purchase price thereof; and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ho. 21, Page Mr. Davies moved the adoption of the Ordinance. The motion wes seconded by Me. Mheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Mheeler, and the President, Mr. Young ..................... NATS: None ............................... O. BUDGET-ROANOKE LIFE SAVING CREM: The City Manager requested au appropriati, of $200.25 for the telephone item in the Life Saving Crew account of the 1956 budget to cover the cost of telephone service for the remainder of the fiscal year. Mr. Carter moved to concur in the request of the City Manager and offered the following emergency Ordinance: (a12099) AR ORDIRANCH to uuend and re,rd.in Section u69, "Life Saving Crem", or the 1956 Appropriation Ordinance, and providing roy an emergency. (For full text or Ordinance, see Ordinance Hook Mo, 21, Page 492,) Mr. Carter moved the adoption or the Ordinance. The motion was seconded by Mr. Davies and adopted b7 the f,Il,ming vote: AYES: Council members Carter, Davies, Olllard, Pickett, Webber, Wheeler, and the President, Mr. Y.aug RAYS: R,ne .............................. O. AIRPORT: The City Manager presented a request of Hertz U-Drive-It Company that the city lease unto it a space of fifty-five square feet in the counter area of t~ lobby of the Roanoke Municipal Airport Hullding ut a rate of $5.00 per sqoare foot per year. Rt. Wheeler moved to refer the matter to a committee consisting of Messrs. Roy L. Webber, Chairman, Harry R. Yates and Arthur S. Owens for study and recommendation. The motion was seconded by Mr. Carter and adopted. REPORTS OF COMMITTEES: TUBERCULOSIS SANATORIUU: C,,nell at its meeting of July 30. 1956. having referred to a coumlttee consisting of Messrs. Arthur S. Owens, Chairman, and John H. Fallwell for study and recommendation the question of the future use of the Roanoke Tuberculosis Sanatorium property at Coyner Springs, uith the possibility of using the property as a hospital for the chronically ill and aged, and to consult with a committee appointed by the Governor to make a study of chronically ill and aged problems, the committee Submitted an interim report, recommending that Council authorize publicly advertising for bids from private organizations for the use of the sanatorium property prior to the final report of the committee. Mr. Webber moved to concur in the report of the committee and t, direct the City Manager to place the proper advertisement for use of the Roanoke Tuberculosis Sanatorium property by private organizations or individuals, the final report of the committee to be withheld pending receipt of such bids. The motion was seconded by Mr. Carter and adopted. SEWAGE DISPOSAL: Council at its meeting of October 22, 1956, having referre~ to a committee consisting of Messrs. Roy L. Mebber, Chairman, Walter L. Young, iArthur S. Omens and Randolph O. Whittle for study and recommendation a request of the Board of Supervisors of R,an,he County that the contract of September 28, 1954, betmeen the City of Boanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes, be amended by adding thereto Section 2, Brambleton Court, the committee submitted its report, recommending that the request of. the county be granted and the contract so amended. Mr. Davies moved to concur in the recommendation Of the committee and offered the following Resolution: (x12900) A RESOLUTION amending the contract of September 28, 1954, betmeen the City of Roanoke and the County of Roanoke dealing with the treatment of domestic and commercial wastes. (For full text of Resolution, see Resolution Hook Ho. 21, Page 493.) '4§3 454 : Mr. Davies Bored the adoptiol of the Resolution. The motion nas secooded by Hr. Carter tod adopled by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Rbeeler, and the President, Hr. Young-~ .............. ~-0-7. NAYS: None ............................... O. UNFINISHED BUSINESS= CITY PROPERTY-STREETS AND ALLEYS: Council at its meeting of November 5, 1956. after holding a public bearing thereon, having tabled for consideration at its next regular meeting the question of vacating, discontinuing and closing a 12-foot wide alley situate approximately 111 feet west of Third Street. S. and running in n northerly direction from Salem Avenue to Norfolk Avenue, the matter nas again before the body. The City Clerk reported that a new petition has been filed by The Brandon Company. Incorporated. changing the procedure for the closing of said alley to the so-called 'long form" and requesting the appointment of vlemers to vlem said alley and report thereon as required by law. ~r. Webber offered the following Resolution providing for the appointment of viewers: (=12901) A RESOLUTION providing for the appointment of five freeholders, any three of whom nay act as viewers in connection moth the petition of The Brandon Company. Incorporated, to permanently vacate, discontinue and close a certain 12-foot wide public alley situate in the City of Roanoke, ¥1rgfnla, 111 feet west of Third Street, S. W., and running in a northerly direction from Salem Avenue. S. W., to Norfolk Avenue, S. R.. a distance of approximately IOO feet. (For full text of Resolution, see Resolution Book No. 21, Page 4RS.) Rt. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the followin9 vote: AYES: Council members Carter, Davies, Dillard, Pickett. Webber, #heeler, and the President, Mr. Yawn9 ...................... ?. NAYS: None ................................ O. CONSIDERATION OF CLAIRS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: DOGS AND CATS: Ordinance No. 12693, amending and reordaining Chapter 49, relating to dogs and eats. of the Cede of the City of Roanoke, having previously been before Council for its first reading, read and laid over, nas again before the body, Mr. Carter offering the following for its second reading and final adoption: (=12093) AN ORDINANCE amending and reordaining Chapter 49, relating to dogs and cats, of the Code of the City of Roanoke; adding thereto provisions relating to the immunization of certain dogs against rabies; and repealing Ordinance No. 11737 and Ordinance No. 12340 designated as the Dog Immunization Ordinance. (For full text of Ordinance, see Ordinance Book No. 21, Page 482.) Ur. Carter noted the adoption cf the Ordinance. The notion was seconded by Mr. Webber and adapted by the following rote: AYES: Council members Carter, Davies, Nebber, Uheeler, and the President, #r. Young .......................... S. NAYS: Council BoBbers Dillard and Pickett ............ MOTIONS AND MISCELLANEOUS DUSINESS: CITT CODE-OFFICE UOURS: Mr. Carter stated that since Veterans Day is no longer recognized ns a legal holiday in the Commonwealth or Virginia and gives city employees a one day break Just prior to Thanksgiving Day, whereas, Thanksgiving Daf alwaru falling on Thursday, the Friday following Thanksgiving Day would make a much wore satisfactory holiday for municipal employees in that it would provide a long meekend in connection with Thanksgiving Day and be more worthnhile to the employees; therefore, he moved that the City Clerk be instructed to eliminate Veterans Day end substitute therefor the Friday following Thanksgiving in the list o~ holidays authorized to city employees In the new City Code now being printed in order that the change way take effect in the next calendar year. The motion mas secooded by Mr. Davies and adopted. Mr. Dillard then stated that Christmas falling on Tuesday this year, he feels that Monday, December 24, 1956, should be declared as a holiday for this year only, and moved to direct the City Attorney to prepare a Resolotion providing a holiday for municipal employees on Monday, December 24, 1956, only. The motion Mas seconded by Mr. Wheeler and adopted. There being no further business, Conncil adjourned. APPROVED 456' COUnCIL, REGULAR mEETING, Nosdey, November 19, 1956. The Council of the City or Roanoke met lu regular meeting in the Council Chamber in the Municipal Building, Monday, Xevember 19, 1956, at 2:D0 o'clock, p. m., the regular meeting hoer, with the Presideut, Mr. Young, prealdieg. PRE$£NT: Council members Carter, Davies, Dillard, Pichetto Webber, Wheeler and the President, Mr. Young ..................... ?. ABSENT: None ............................. O. OFFICERS pRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G, Nhlttle, City Attorney, Mr. Harry R. Yates, City Auditor, and Hr. J. Robert Thomas City Clerk. INVOCATION: Ybe meeting mas opened with a prayer by the Reverend William L. Corder, Pastor of Enon Raptlst Church. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: A public heatlog having been set for 2:00 o'clock, po November 19, 1956, on the request of Mrs. Georgle T. Meadows that her property located on the south side of Salem Turnpike, N. W., designated as Official Tax No. 2640315, be rezoned from General Residence Diatrict to Business District, and notice of the hearln~ ~aving been published in The Roanoke Morld-News on November 2, 1956. and the City Planning Commission having previously recommended that the property be rezoned from General Residence District to Light Industrial District, the hearing was held at which no one appeared in opposition. Mr. £. Criffitb Dodson, Jr** Attorney for the petitioner, appeared and requested that Council concur in the recommendation of the City Planning Commission. Mr. Wheeler moved that Council concur in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~12902) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council Of the City of Roanoke to have property fronting 375.3 feet on the south aide of Salem Turnpike, N. {** and extending southerly a depth of 21H.O feet, being a portion of the George Trout land (Official Number 2640315 aasessed in the name of Georgia Kinsey), rezoned from General Residence District to Business District; and MBER£A$, the City Planning Commission has recommended that the above parcel of land be rezoned from General Residence District to Light Industrial District; and WHEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, has been published in 'The Roanoke World-News** a neuspapeF published in the City of Roanoke, for the time required by said section; and MDEREAS, the hearing as provided for in said notice published in the said newspaper wag held on the lgth day or November, 1956, at 2:00 o'clock, p. w** before the Council of the City of Roanoke in the Conncil Chamber in the Municipal Rnilding, at which hearing property owners and other interested parties in the affected area sere givem on opportunity to be heard both rot and against the propos~ rezoning~ and MREBEAS, this Council. after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned from General Residence District to Light Industrial District. THEREFORE, DE IT ORDAINED by the Conncil of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended andreenacted in the following particular and no other, viz: Property located on Salem Turnpike, N. M., described as fronting 375.3 feet on the sonth side of Salem TurnpiRe, N, M., nod extending southerly a depth Of 21D.O feet, being a portion of the George Trout land, designated on Sheet 264 of the Zoning Map as Official No. 2640315, be, and is hereby changed from General Residence District to Light Industrial District and the Zoning Hap shall be changed in this respect. The motion mas seconded by Mr. Dillard and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Nheeler, and the President, Mr. Young ...................... 7. NAYS: None ................................ Oo ZONING: A public hearing having been set for 2:00 o'cloch, p. m., November 19, 1956, on the request of the M. M. Rltter Lumber Company that an additional 200-foot strip of a 5-acre tract of land located on the southeasterly corner of Dershberger Road and Williamson Road, N. W** be rezoned from General Residence District to easiness District, and notice of the hearing having been published in The Roanohe World-News on November 2, 1956, and the City Planning Commission having previously recommended that the request be granted, theh~rfng was held at which no one appeared in opposition. Mr. Carroll D. Rea, Attorney for the petitioner, appeared and requested that Council concur in the recommendation of the City Planning Commission. Hr. Mebber moved that Council concnr in the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (~12903) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have that portion of aSoacre tract of laud located at the sontheasterly corner of Hershberger and Milllamson Roads identified as Official Tax No. 2170101, being more particularly that portion of the said land beginning on the southerly side of Hershbergor Road 200 feet northeasterly from the center line of Nilliamson Road and thence extending 200 feet northeasterly along the southerly side of Hershberger Road and extending bark between parallel lines through the entire width of the said tract of land and adjoining the easterly side of the present busloess zoom located on said tract of lnedo rezoled from General Residence Districl to Rusiaess Olstrict~ and RHEREAS. the City Planning Commission has recommended that the above parcel of land be rezoned iron General Residence District to Huslaess District as requested; aid #HEREAS, notice required by Article XI, Section 43, of Chapter 51 of the Code or the City of Roanoke. Virginia, relating to Zoning, bas been published in =The Roanoke World-Newsu, a nemspaper published in the City of Roanoke, for the time required by said section; and WHEREAS, the hearing as provided for in said notice published in the said newspaper was held on the 19th day of November, 1956, at 2:00 o'clock, p. before the Cooncli of the City of Roanoke in the Council Chamber in the Runicipal Rnllding, at mhich hearing property owners and other interested parties in the affected area were given aD opportunity to be heard both for and against the proposed rezoning; Dad RH£R£A$, this CouncJlo after considering the evidence presented, is of the opinion that the above parcel of land should be rezoned os reqaested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning. be amended and reenacted in the follomlng particular and aD other, viz: Thot portion of a 5-acre tract of land located at the southeasterly corner of Hershberger and Willianson Roads identified as Official Tax No. 2170101, being more particularly that portion of the said land beginning on the southerly side of Hershberger Road 200 feet northeasterly from the center line of Wllllamson Road and thence extending 200 feet northeasterly along the southerly side of Hershberger Road and extending back between parallel lines through the entire width of the said tract of land and adjoining the easterly side of the present business zone located on said tract of land, be, and is hereby changed from General Residence District to Business District and the Zoning Rap shall be changed in this respect. The motion was seconded by Rt. Wheeler and adopted by the following vote: AY£5: Council uembers Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Rt. Young ................... NAYS: None ............................. ZONIN6: A public hearing having been set for 2:00 o'clock, p. m., November 19, 1956, on the request of Arthur L. and Virginia Lee Keaton that their property located on the east side of Hollins Road, No E., between Missouri Arenae and Indiana Avenue, designated as Lot K-1. Keaton Hap, be rezoned from General Residence District to Light Industrial District, and notice of the hearing having been published in The Roanoke World-News on November 2, 1956, and the City Planning Commission having previously recommended that the request of the petitioners be granted, the hearing was held. The City Clerk presented a letter from HollJ·s Road Civic League, I·corporated, opposing the requested rezonlag rot the rollomlng reasons: Hr, Re·ton circulated · petlton opposing Mr. Shropshlre from using the property ·grind for benny industrial use. He further retained in ·ttoraey to carry cut his opposition. Since there is property for sale on the west side of the Rollins Road ·cued for heavy industrial use the Shropsbire and 51sler property, we see no need for additional re-zoning f· e· area primarily resfdeltlel. This tract oF land is too ·arrow to store any material a reasonable distance from the main highway-route 115, which wo¥1d be · nuisance it's self. Mr. Richard T. Edwards, Attorney (or the petitioners, appeared and stated that the property of his clients is located five to six blocks away from the residential property occupied by members of the Holllns Road Civic League, that it Is directly across the street from property zoned for heavy Industry and will tend to act as a buffer ·one between heavy Industrial property and the residential area, Mr. Edwards requesling that Council concur in the recommendation ct the CIW Planning Commission. Hr. Carter moved that Council concur In the recommendation of the City Planning Commission and that tbe toiloming Ordinance be placed apo· its first reading: (·12904) AN ORDINANCE to amend and reenact Article I. Section 1. of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. M~EREAS, application has been made to the Cou·cil of the City of Roanoke to have a tract of land on the East side of Rollins Road (formerly 9th Street, N.E.), and extending 290.06 feet from Its intersection with I·diana Avenue, to its intersection with Missouri Avenue, N E., bounded on the North by Missouri Avenue. N.E** a dante·ce of 133 feet, and on the South by Indiana Avenue, N. a distance of 128 feet; and known as New Lot RI, accordl·g to the Map of the subdivision of the property of Arthur L. Re·ten and Virginia Lee Re·ton, prepared by C. B. Malcolm S.C.E., Ray 15, 1956, and recorded in the Clerk's Office of the Hustings Court for the City of Roanoke, Va., rezoned from General Residence District to Light Industrial District; and MHEREAS, the City Planning Commission has recommended that the above parcel of land be reaoned from Ge·eral Residence District to Light Industrial District as requested; and RHEREAS, notice required by Article XI, Section 43, of Chapter 51 of tbe Code of the City of Roanoke, Virginia, relating to Zoning, has been published in *The Roa·oke Morld-News", a newspaper published in the City of Roanoke, for the time required by said section; and MHEREAS, the hearing as provided for 'in said notice published in the said newspaper was held on the 19th day of November, 1956, at 2:00 o'clock, p. before tbe Conncil of the City of Roanoke in tbe Council Chamber in the Runicipal Building, at which hearing property owners and other interested parties in the affected area were given an opportunity to be heard both for and against the proposed reaching; and MHER£AS, this Council, after considering the evidence presented, is of the opinion that the above parcel of land should be reached as requested. .46.0 THEREFORE0 BE IT ORDAINED b7 the Council of the City of Roanoke that Article I0 Section l0 of Chapter 51 of the Code of the City or Roanoke, Virginia. relating to Zoning, be amended nad reenacted iu the followilg particular amd u* other, viz: Property located ol the East side of Hollils Road, N. E., between Missouri Avenue, N. E., and Indiana Avenue, N. E.o described ua New Lot KI - Arthur L, and Virginia Lee Keaton Mapo designated on Sheet 306 or the Zoning Map as Official No. 3060501, be, and is hereby changed from General Residence District to Light Industrial District and the Zoning Map shall he changed in this respect. The motion was seconded by Mr. Davies and adopted by the foil*ming vote: AYES: Council members Carter, Davies, Dillard. Pickett, Webber, Mheeler, and the President, Mr. Young ................. NAYS: Noce ........................... O. P£TITIONS AND COMMUNICATIONS: DDDGET-SCBOOLS: The City Clerk presented a communication from the Moodrow Wilson Junior High School Parent-Teacher Association, urging higher minimum salaries for city teachers and principals. There being no objection, the letter was filed for consideration along mith the 1957 budget. REPORTS OF OFFICERS: SIDEMALK, CURS AND GUTTER-STREETS AND ALLEYS: The City Manager reported that Temple Emanuel has offered to convey to the city a strip of land along the north side of Persinger Road, S. Mo, east of Brambleton Avenue. for the purpose of widening said Persinger Road twelve to fifteen feet on the north side, east of Brambleton Avenue, and providing for a traffic island at the intersection of Drambleton Avenue and Persinger Road, provided the city will widen the surface of the said road, construct the traffic island, and install curb, gutter and sidewalk along its property on Persinger Road, the City Manager advising that he would recommend acceptance of the offer, except that he could not concur in its request for the construction of sidewalk. Mr. Mebber moved to concur in the recommendation of the City Manager and direct the City Manager to negotiate with Temple Emanuel, and if it accepts his recommendation, have the City AtXorney prepare the necessary Ordinance for presentation to Council. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Mebber, Wheeler, and the President, Mr. Young ....................... NAYS: Mr. Dillard---~ ............... 1. BUDGET-LIBRARIES: The City Manager requested a transfer of $200.00 from Building Maintenance to Book Repairs in the Libraries account of the 1956 budget. Mr. Carter moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance. (a12905) AN ORDINANCE to amend and reordnlo Section al21, WLlbrarieaU, of the 1g$6 Appropriation Ordinnace, and providing for aa emergency. (For full text of OrdJoaseeo tee Ordinance Dook No. 21, Page 4g?o) Hr. Carter moved the adoption of the Ordinance. The motion mas seconded by Hr. Davies and adopted by the following vote: AYES: Council members Carter. Darien, Dillard, Pichett, Webber, Wheeler, and the President, Hr. Young ................... ?. NAYS: None ............................. O. SALE OF PROPERTY: The City Manager reported that The First National Exchange Danh has offered to purchase from the city at a price of $3,950,00 property described as Lots 16, 17 and 1D, Block 1, B. E. Price Rap, situate on Pioneer Road, N. W.. adjacent to the Wlllinmson Road Branch of The First National Exchange 9ank, the City Ranager advising that lc hfs opinion the price offered is too Hr. Dillard stated that this property has been purchased by the city for the construction of a library thereon at some future date and moved to reject the offer. Yhe motion was seconded by Mr. Webber and adopted, BUDGET-SEWAGE DISPOSAL~ The City Manager requested an appropriation of $2,005.00 to Capital Outlay from Revenue in the Sewage Treatment account of the 1959 budget to cover the cost of erecting a ?-foot chain link fence approximately 526 feet in length at the Sewage Yreatment Plant. Mr. Davies moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (=12906) AN ORDINANCE to amend and reordain 'Non-Operating Expenses" of an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 16th day of January, 1956. No. 12637, entitled, "An Ordinance makin9 appropria- tions from the Sewage Treatment General Fund and the Semage Treatment Replacement Reserve Fund for the City of Roanoke for the fiscal year beginning January 1, 1956. and ending December 31, 1956, and declaring the existence of an emergency". and providing ~or an emergency. (For full text of Ordinance, see Ordinance Rook No. 21, Page 499.) Ry. Davies moved the adoption of the Ordinance. The motion was seconded by Mr. Carter and adopted by the following vot~: AYES: Council members Carter, Davies, Plckett, Nehber, Nheeler, and the President, Mr. Young ..................... 6, NAYS: Mr. Dillard ................ 1. STREET LIGHTS-GRADE CROSSXNGS: Council at its meeting of July 2. 1956. having directed the City Manager to restudy a recommendation for the installation of nineteen 21000 lumen mercury vapor lights and the removal of two 2500 lumen incandescent lights on Norfolk Avenue, S. E., Yhlrd Street, S. E., and Salem Avenue, S. E., in the vicinity of the Jefferson Street Grade Crossing Elimination Viaduct, the City Manager reported that after restcdying his original report, he is of the opinion that the lights recommended are needed and shouldbe installed. and in addition, he recommended that an appropriation of $1,900.00 be made to cover the cost of installinglights in the parking areas under the Jefferson Street ramp of the bridge .hich would be In addition to the street lights in the ;462 Mr. Carter moved to concur IR the recommendation or tke City Mannger nad offered the rolloming emergency Ordinance appropriating the sum of $1,800,00: (n12907) AN ORDINANCE to amend and reorduin Section n142, 'Trunsfer to Improvement FundU, of the 1956 Appropriation Ordinance, und providing for nn emergency, (For full text of Ordinance, see Ordinance Oook ~n. 21, Page 490.) Hr. Carter moved the adoption of the Ordinance. The motion uss seconded by Mr. Darien and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebbero Wheeler, and the President, Mr, Young ............... 7. NAYS: None ......................... O. Rt. Carter then offered the following Resolution providing for the installation of the nineteen mercury vapor lights: (aIR900)A RESOLUTION authorizing the installation of eighteen 21000 lumen overhead mercury vapor street lights o n Norfolk Avenue, S. E., Third Streete S. E.o and Salem Avenue, S. E., in the vicinity of the Jefferson Street Grade Crossing Elimination Viaduct: the replacement of one existing 2500 lumen overhead incandescent street light uith a 21000 lumen overhead Mercury vapor street light: and the removal of one existing 2500 lumen overhead incandescent street light. (For full text of Resolution, see Resolution Book No. 21. Page 499.) Rt. Carter moved the addptlon of the Resolution. The motion was seconded by Mr. Davies and adopted by th~ following vote: AYES: Council members Carter, Davies. Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ..................... NAYS: None ............................... O. JOB CLASSIFICATION-RECREATION DEPARTMENT: The City Manager submitted a request of the Director of Parks and Recreation that the Superintendent of Recreation be reclassified as Assistant Director of Parks and Recreation in the Job Classification Plan, which the City Manager recommended be referred to the Job Classification Committee for study and recommeudatton. Mr. Wheeler moved to refer the request to the Job Classification Committee consisting of Messrs. Roy L, Webber, Chairman, Herbert A. Davies, Leigh D. Hanes, Jr** J. P. Cruickshank, E. M. Rnshtou, Arthur $. Owens and J. Robert Thomas for study and recommendation. The motion was seconded by Mrs. Pickett and adopted. BUDGET-DEPARTMENT OF PUBLIC WORKS: The City Manager requested a transfer $220.00 from Magus to Salary, Clerk=Timekeeper in the Street Repair account of the 1956 budget to provide for the employment of a Clerk-Timekeeper under the provisions of the Job Classification Plan to fill the vacancy created by transferring the present incumbent, who has bepn paid on an hourly basis, to another Job. Mr. Carter moved to concur in the request of the City Manager and offered the following emergency Ordinance: (n12909) AN ORDINANCE to amend and reordsin Section #01, *Street RepalrW, of the 1956 Appropriation Ordinance, and providing for an emergency. (For fall text of Ordinance, see Ordinance Rook No. 21, Page 500.) /463 Hr. Carter moved the adoption of the Ordinance. The ration was seconded by Mrs. Pictett,asd adopted by the following vote: AYES: Council members Csvtero Davies, Dillard, Pickett, Webber, Mbeeler, end the President, Mr. Young ................ NAYS: Nose .......................... O. REPORTS OF COMMITTEES: AIRPORT: Conucil at Its meeting of November 13, 1956, having referred to n committee consisting of Messrs. Roy L. Webber° Chairman, Berry R. Yntes and Arthur S. Omens a request of Hr. B. D. Shropskire. operator of the Hertz B-Drive-lt Company° that be be leased additional space Jn the lobby area of abe Administration Building at the Roanoke Municipal Airport, the committee submitted its report, recommending that approximately fifty-five square feet of space, as requested by Hr. Shropshire, be rented to him on a month-to-month basis at $5.00 per square foot per aneum. Mr. Davies eared that Council concur in tbereport of the committee and that the following Ordinance be placed upon Its first reading: (zl2glO) AN ORDINANCE authorizing the lease of approximately 55 square feet of lobby space in the Terminal Building at Moodrum Field. MBEREAS, Nr. B. B. Shropshire, operator of Hertz B-Drive-It, has made application for the lease of an additional 55 square feet of lobby space fn the Terminal Building at Woodrum Field; and MBEREAS, both the City Raaager and Airport Manager and the Airport Committee have recommended that the request be granted upon the terms herein stated; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the proper City Officials be. and they are hereby° authorized, for and On behalf of the City, to lease unto H. D. Shropshire, operator of Hertz U-Drive-la, approximately 55 square feet of lobby space adjoining the space presently leased said operator in the Terminal Building at Woodrum Field on a month to month basis and at a rental of $5.00 per square foot per annum and upon such other terms as the City Rannger and the Airport Rnnager may deem protective of the City's interests. The motion was seconded by Hr. Carter and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Bebber, Wheeler, end the President, Mr. Young .................... ?. NAYS: None .............................. O. LICENSE TAX CODE: Council at its meeting of November S. 1956. having referred to a committee consisting of Messrs. Harry R. Yates, Chairman, J. N. Eincanon, J. Robert Thomas and Benton' O. Dillard a communication from the Roanoke Candy Company and Victory Specialty Company, Incorporated, requesting relief fram the provisions of Sect'lan 88 (formerly Section 95) of the License Tax Code of the City of Roanoke by reason of the narrow margin.of profit accruing to the said companies on the tobacco business which constitutes the majority of their wholesale operations, the committee submitted its report, stating that in Its opinion any change based on classifications wonld be impractical; therefore, the majority of the committee. Mr. Dillard, the Council member, dissenting, recommended that the request be denied. .464 .Rro Carter moved to concur ia tke report o! the.committee mad deny the request of the Roanoke Candy Conpeay amd Victory Specialty Company, Incorporated. The motion was seconded by Wt. Davies aadsdopted by the rolloulag vote: AYES: Council members Cartert Davies, Pickett, Webber, Wheeler, and the President, Mr. Youag ................. NAYS: Mr. Dillard ............ 1. LICENSE TAX CODE: Council at its meeting of November 5, 1956, having referred to a comtittee consisting of Messrs. Harry R. Yarns. Chairman, J. Klncanon, J. Robert Thomas and Benton O. Dillard n recommendation of the Commissioner of the Revenue for au amendment to Section BI of the License TaX Code of the City of Roasoke, the committee submitted its report, concurring in the recommendation of the Commissioner of the Revenue and orferingo for consideration of Council, an Ordinance providing for an amendment to Section 81 of the License Tam Code, which the committee stated it believes will enable the more efficient assessment and collection of the license tax provided for in said section and which parallels similar provisions in the State License Tax Code, the committee recommending the adoption or the Ordinance. Mr. Dillard moved to concur in the recommendation of the committee and offered the folloming emergency Ordinance: (#12911) AN ORDINANCE amending Section Ol. Itinerant Venders and Itinerant Auctioneers of The License Tax Code of the City of Roanoke, 1955, relating to certain license taxes; and providing for an emergency. (For full text of Ordinance, see Ordinance BookNo. 22, Page Hr. Dillard moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ................. 7. NAYS: None ........................... O. MEMORIALS-GRADE CROSSINGS: Council at its meeting of November 5, 1956, having requested that a committee consisting of Messrs. Robert W. Woody, Chairman, R. Carl Andrews and A. B. Stone consider placing a proposed memorial plaque to Mr. W. P. Hunter on the entrance to the south end of the pedestrian underpass across the Norfolk and Western Railway Company right of way at Jefferson Street rather than on a concrete monument as proposed by the committee iu its report, and submit its recommendations thereon, the committee reported that after careful consideration of the suggestion and n reinspection of the site the committee is of the opinion that the south end of the pedestrian underpass, in itself, not being contiguous to the bridge, and in actuality, being a separate project, is not an appropriate spot for the marker, and that the committee is still of the opinion that the marker should be erected in the south triangular grass plot previously designated; therefore, the committee respectfully renewed its original recommendation, requesting an appropriation of $1,200.00 for the erection of said plaque. Mr. Webber moved to concur in the recommendation of the committee and offered th~ following emergency Ordinance: (m12912) AN ORDINANCE to amend and reordela Section 8142, 'Transfer to Improvement Fundm, of the 1956 Appropriation Ordinance, aid providing for an emergency. (For Pul! text of Ordiasece. see Ordinance Boor No. 22, Page 2.) Hr. Uebber moved the adoption of the Ordinance. The motion was seconded by Hr. Carter and adopted b7 the following vote: AYES: Council members Carter, Pickett, Nebber, Nbeeler, and the President, Hr. Yousg ........................ S. NAYS: Nessrs. Davies sad Dillard ......... 2. DNFINISBED BUSINESS: BONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SUBDIVISIONS: Ordinance NO. 12095. amending and reordainlng Section IX. Physical Improvements, of the Subdivision Ordinance of the City of RoanoRe, bating previously been be/ore Council /or /ts first reading, read and laid over, was again before the body, Mr. Carter offering the folloming for its second reading and final adoption: (a128gS) AN ORDINANCE to amend and reordain Section IX, Physical lmprorements, of the Subdivision Ordinance of the City of Roanoke. (For full text of Ordinance, see Ordinance Book No. 2l, Page 495.) Mr. Carter moved the adoption of the Ordinance. The motion was seconded by Mr. Davies and adopted by the fgllowlng vote: AYES: Council members Carter. Davies, Dillard, Pickett. Rubber, Nheeler, and the President, Br. Young .................... ?. NAYS: None .............................. O. OFFICE HOURS: Council at its meeting of November 13, 1956, having directed the preparation of a Resolution providing for a holiday for municipal employees on Monday, December 24, 1955, Mr. Davies offered the following Resolution: (#12913) A RESOLUTION establishing Monday, December 24, as a legal holiday for the current year only. (For full text of Resolution, see Resolution Dook No. 22, Page 3.) Mr. Davies moved the adoption of the Resolution. The motion was seconded by Mr. Dillard and adopted by the £olloulng vote: AYES: Council members Carter, Davies, Dillard, Pickett, Nebber, Nheeler, and the President, Mr. Young ................. T. NAYS: None ........................... O. NOTIONS AND MISCELLANEOUS BUSINESS: CITY EMPLOYEES: Nr. Carter stated that he believes Council should adopt some method of recognixing municipal employees for long years of service and moved that the Mayor appoint a committee to study the qm stlon of establishing the policy of presenting municipal employees with sar,ice buttons for varying periods of service, the design of such buttons and rules for their presentation, and submit its recommendations thereon. The motion was seconded by Mrs. Pickett and adopted. The MaTer appointed a coulttee eoaslfling or Mr. M. B. Carter, Chairman, Mrs, Nary C. Pickett and Mr. J. Robert Thomas as provided tar in Mr, Cnrter*s There being no further business, Counctl adjourned. APPROVED COUNCIL, REGULAR M£ETING, Monday, Noreaber 2&, 19~&. The Council or the City of Roanoke met ia regular meeting in the Council Chamber in the Suaicipal Suilding, Monday, November 26, 1956, at 2:00 o'clock, p. m** the regular meeting hoar, with the Vice President, Bra Carter, presiding. PRESENT: Council members Davies, Dillard, Pickett, Yebbcr, Then/er, nad the Vice President, Mr. Carter ...................... ASSENT: The President, Mr. Young ............ 1. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. Thittle, City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J, Robert Thomas, City Clerk. INVOCATION: The meeting mas opened with a prayer by Rabbi Samuel R, Shillman. Pastor. Temple Emanuel Congregation. MINUTES: Copy of the minutes of tbe regular meeting held on Tuesday, November 13, 1956, having been furnished each member of Council, upon motion Mrs. Pickett, seconded by Mr. #heeler and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: STORR BRAId'S: The City Tanager baring preriously called for bids for the coastzuctlon of a 30-1nth storm drain In Court Street, N. T., south of Pleasant Vlem Avenue, the following bids mere received: Draper Construction Company, $15,260.00; Cimbert and Gimbert, Incorporated, 97,132.00; M. S. Sudgins, $7,510.00; Tiler N. Jackson Company, $9,930.00; Pioneer Construction Company, Incorporated, $11,924.00; and Stone and Tubber Construction Company, Incorporated, $10,937.20. Mr. Mebber moved to refer the bids to a committee consisting of Messrs. Arthur S. Owens, Chairman, John L. Mentworth and H. Cletus Oroyles for tabulation and report. The motion was seconded by Mr. Davies and adopted. ZONING: A public hearing having been set for 2:00 o'clock, p. m** November 26, 1956, on the request of Colonel and Mrs. Lucian D. Booth and Rova Corporation that property fronting 73 feet on the north side of Janette Avenue, S. R** 125 feet west of Franklin Road, be rezoned from Special Residence District to Business District, and notice of the hearing having been published in The Roanoke Torld*News on November 9, 1956, and the City Planning Commission having previously recommended that the request of the petitioners be granted, the hearing was held at which no one appeared in opposition. Mr. Sidney F. Parham, Jr., an attorney for the petitioners, appeared and requested that bis clients* petition be granted. Hr..Tubber moved that Council concur In the recommendation of the City Planning Commission and that the following Ordinance be placed upon its first reading: (z12914) AN ORDINANCE to amend and re-enact Article l, Section 1, of Chapter 51 Of the Code of the City of Roanoke, Virginia, in relation to Zoning. TSEREAS, application has been made to the Council of the City of Roanoke to have property fronting 75 feet on the north aide of Janette Arenue, S. M., 125 feet west of Franklin Road, S. T., adjoining business property, renamed from '.468 Special Residence District to Business Dlstriot~ and NREREAS. the~Cltl Planning Commission has recoumended that the above parcel o! laud be rezoned from Special Residence Dtstrlct to tinniness District as reqnested~ and #HER£AS, notice required by Article Il. Section 43, of Chapter SI of the Code of the City of Roauokeo ¥irginla, relating to Zoning, bna been published fn "The Runnohe ~orld-Nems', a eemspaper published in the City of Roanoke, rer the tl~e required by said section; and MHER£AS, the hearing as provided for in said notice published in the said newspaper mas held on the 25th day of November, 19S5o at 2:00 o'clock, p. before the Conncil of the City of Roanoke in the Council Chamber in the Monicipal Building, at which hearing property owners end other interested parties lu the affected area were given an opportunity to be heard both for and against the proposed rezonin9; and BHEREAS, this Council, after considering the erldence presented, is of the opinion that the above parcel of land should be rezoned as requested. THEREFORE, BE IT oRDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and re-enacted in the following particular and no other, viz: Property located on the north side of Janette Avenue, S. M., 125 feet west of Franklin Road, S. M., described as follows: BEGINNING at aa iron pipe at a point on the north line of Janette Avenue, S. #., said point of Beginning being S. 82 deg. 24' 10' ~. 125.0 feet from the intersection ~f the present north line of Janette Avenue, S. R., and the present west line of Franklin Road, S. M., extended to intersection; thence with the north line of Janette Avenue, S. H., 5. 02 deg. 24* 10~ ~. 75.0 feet; thence departing from the north line of Janette Avenue, S. W., and with two (2) new lines through the property of Lucian D. and Louisa T. Booth, the following courses and distances: H. 5 deg. 28' 53* M. 225.44 feet and N. 62 deg. 22" 14* £. 75.0 feet to the northwest corner of Lot B2as shown on plat showing division of property of Lucian D. Booth nad Louisa T. Booth, of record in Deed Book paoe 130, in the Clerk*s Office of the Hustings Court of the City of Roanohe; thence with the west line of afore- said LOt B2, S. S deg. 28' 53' E. 225.48 feet to the point of BEGINNING, and containing 0.388 acre. designated on Sheet 103 of the Zoning Map as part of Official No. 1031105 be, and it is hereby changed from Special Residence District to Business District and the Zoning Map shall be changed in this respect. The motion was seconded by Mr. Mbeeler and adopted by the following vote: AYES: Council members Davies, Dillard, PicEett, Webber, Rheeler, and the Vice President, Mr. Carter .................... NAYS: None ............................ O. (The President, Mr. Yonng, absen' PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: The City Clerk presented a communication from the Stonewall Jackson Junior High School Parent-Teacher Association, advising that it favors higher salaries for city school teachers. The communication was ordered filed. BGSES-SCBOOLS: Couuoil nt its meeting of Xovember 50 1956, having referred to tko ioenote City Sckuol Board for its consideration u communication from the Garden City.Civic League, requesting that buses transporting children from Gsrden City to other areas be marked with n school bus sign, the City Clerk presented u commnuicutioe from tko School Board, advising that all bases transporting childreu from the Gurdee City area to schools outside the area are transporting the general public ns mell us school children, these buses not being school buses, and, cousequently, any signs used on them mould have to be determined by the Surety Motor Transit Corporation. The communication was filed. REPORTS OF OFFICERS: SIDEWALK CONSTRUCTION: The City Manager presented a communication from the WayneoWllklns Corporation. advising that it proposes to construct at its own expense sidewalks near the corner of Wayne Street end lllklns Street, N. E** and requesting that Council consider reimbursement of one-bali of the cost of said sidemalhs in the early part of lqSTo the City Homager advising that the proposal of the Wuyne-Mllkins Corporation has previously been rejected by him. it being his opinion that the said corporation, if it expects the city to bear a portion of the cost of the sidewalks, should abide by the existing rules and priorities concerning the construction thereof. Mr. Webber moved to concur in the action of the City Manager and deny the request of the Wayne-Milkins Corporation. The notion was seconded by Mr. Davies and adopted. BURRELL MEMORIAL HOSPITAL: The City Manager reported thatthe city is paying local hospitals, mith the exception of the Bnrrell Memorial Hospital, at the rate of $17.50 per patient day for the hospitalization of indigent patients, mhereas, the approved rate for such hospitalization by the Hurrell Memorial Hospital is $15.78 per day based on the contract approved by the State Department of Welfare and Institnttcus, and recommended that authority be granted to pay the Burrell Memorial Hospital the same rate as other hospitals are being paid for this service for the years 1955 and 1957. Mr. Davies moved to concur in the recommendation of the City Manager for the year 1955 only and that the City Manager place hfs recommendation for the year 1957 in the 1957 budget. The motion was seconded by Mrs. Pickett and adopted. BUDGET-GARBAGE REMOVAL: The City Manager requested a transfer of $10000.00 from Repairs to Incinerator to Supplies In the Refuse Collection and Disposal account of the 1955 budget. Mr. Davies moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (#12915) AN ORDIHANCE to amend and reordaiu Section #97, *Refuse Collection and Disposal*, of the 1956 Appropriation Ordinance, and providing for an emergency. (For fulltext of Ordinance, see Ordinance Bock ~o. 22, Page ~'469 470 Nc. Davies loved tko udoptiol or the Ordinance. The motion was secosded by HFS. Pickett iud adopted by the following vote: ATES: Council leBbers Davies, Dillard, Pickett, Webber, Wheeler, Iud the Vice President, MF, Carter .................. 6. NAYS= None .......................... O.(The President, Hr..Young, absent) PriES AND PLAYGROUNDS: The City Nsnoger reported that he has received bids rot various park aid Recreation Department concessions and recommended thio Council appoiot a colmftteo tm study tho bids and submit its recommendations . thereon to Conncllo ar. Webber uoved to concur in the recommendation of the City manager and appoint a committee consisting of Messrs. Vincent S. Wheeler, Chairman, Benton O. Dillard, Barry R. Yates, Arthur S. Owens and Robert P. Uunter to study the bids and submit its reeuumendations to Council. The motion mas seconded by Davies and adopted. TRAFFIC: The City Hanager presented a report of the tAnnual Inventorv of Traffic Safety Activitiest for the Cfr! of Roanohe as prepared by the National Safety Council covering the year 1955. The report was filed. REPORTS OF COMMITTEES: NONE, UNFINISHED BUSINESS: NONE. CONSIDERATION OF CLAIMS: NONE. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 12902. reaonin9 property qocated on the south side of Salem Turnpike, N. ¥.o designated as Official Tax No. 2640315, from General Residence District to Light Industrial District, having previously been before Council for its first reading, read and laid over, was again before the body, Rt. Wheeler offering the following for its second reading and final adoption: (n12902) AN ORDINANCE to amend and reenact Article I, Section 1o of Chapter 51 of the Code of the City of Roanoke. Virginia. In relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 22, Page 3.) ar. Wheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Blllard and adopted by the following vote: AVES: Council members Davies, Dillard, Pickett, Webber, Wheeler, and the Vice President, Mr. Carter ...................... NAYS: None .............................. O, (The President, Mc. Young, absent) ZONING: Ordinance No. 12903, rezoniug an additional 200-foot strip of a S-acre tract of land located on the southeasterly corner of Dershberger Road and WillJamson Road, N. l., from General Residence District to Business District, having previously been before Council for its first reading, read amd laid over, was again before the body, Mr. Davies offering the following for its second reading and final adoption: (n12903) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 22, Page 4.) Hr. Davies moved the adoption of the Ordinance. The motion nas seconded by Hr. Uheeler aid adopted by the following vote: AYES: Council members Davies, Dillard, Pickett, Webber, Wheeler, and the Vice President, Hr. Carter ................. NAYS: None ......................... O. (The President. Mr. Young, absent) ZONING: Ordinance No. 12904, rezoniag property located os the east side or Hollios Road, N. E.. between Missouri Avenue and Indiana Avenue. designated as Lot £~1. Ken,os Map, from General Residence District to Light Industrial District, having previously been before Council for tls first reading, read and laid over, was again before the body. Hr. Nheeler offering the following Iai its second rending and final adoption: (u12904) AN OROINANCE to amend and reenact Article l. Section 1, of Chapter 51 of the Code of the City of Roaooke, Virginia, in relation to Zoning. (For full text aY Ordinance, see Ordinance Book No. 22, Page S.) Hr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Hr. Dillard and adopted by the following vote: AYES: Council members Davies, Dillard. Pickett. Webber. Wheeler, nnd the Vice President, RI. Carter ..................... NAYS: None ............................. O. (The President, Hr. Young, absent) AIRPORT: Ordinance No. 12910, authorizing the tease of approaimnteiy fifty-five square feet of lobby space in the Terminal Boilding at the Roanoke Hunlcipal Airport to Hr. H. B. Shropshire, operator of the Ilertz U-Drive=It Company, having previously been before Council for its first reading, read and laid over, was again before the body, Rrm. Pickett offering the following for its second reading and final adoption: (n12910) AN ORDINANCE authorizing the lease of approximately 55 square feet of lobby space in the Terminal ~uilding at Woodrum Field, (For full teat of Ordinance. see Ordinance Book No. 22, Page UFS. Pickett moved the adoption of the Ordinance. The motion was seconded by Hr. Dillard and adopted by the following vote: AYES: Conncil members Davies, Dillard. Pickett. Mebber, Hheeler. and the Vice President, Hr. Carter .................... 6. ~AVS: ~one ............................ O. (The President, Nr. Young, absent PENSIONS: Council at its meeting of march 19, 1956, having referred to the City Attorney for study a recommendation of the Ooard of Trustees of the Employees* Retirement System that the Employees* Retirement System Ordinance be amended so as to prevent employees being retired under the system and being rehired by the city. thom drawing a pension nod a salary at the same time, with instructions that the City Attorney prepare an Ordinance providing for the said changes in the Ordinance, if, in his opinion, Conncil has the power to amend the Employees* Retirement System Ordinance in such a manner, the City Attorney presentel the following Ordinance: .:471 472 nAN ORDINANCE to ·me·d the'Employees* Retireme·t System or the City of Roanoke by ·ddl·g · neu section thereto prohibiting ·$slstnntao deputies and employees in constitutional offices nad employees or any Judge or · court of record from receivl·g any benefit under the Ordinance during any period oF time sack person may ·lSD recelue from the City or any Judge of a court of record after being retired pursuant to the;Ordinance; end providing for an emergency. #DEREAS, for the ·snnl daily operation OF tko municipal government, au emergency is set forth and declared to exist, ~HEREFORE~ BE IT ORDAINED by the Council of the City of Roanoke tknt the Employees* Retirement System of the City of Roanoke be, and the same is hereby, amended by adding a new section thereto, being Section T: said new Section 7 reading and providing ns follows: Section 7. EMPLOYEES OF CONSTITUTIONAL OFFICERS A~D OF JUDGES OF COURTS OF RECORD. Notmitbstanding any provision contained in this Ordinance, no assistant, deputy or employee in any constitutional office and no employee of any Judge of a court of record shall receive any benefit hereunder during any period of time such person may also receive from the City any compensation for services rendered any constitutional officer or any Judge of a court of record after being retired pursuant to this Ordinance. HE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from Its passage.* Mr. Dillard stated that he has not had an opportunity to study the matter and moved to table the Ordinance until the next regular meeting of Council. The motion was seconded by Mrs. Pickett and adopted. MOTIONS AND MISCELLANEOUS BUSINESS: STREETS AND ALLEYS: Mr. A. T. Loyd, Attorney For Ry. Abram J. Novlck, appeared before Council and stated that the reports of the City Planning Commission and the Board of Ylewers on the request of his client to permanently vacate, discontinue and close a certain undeveloped alley running through Sect:ion 2, Gray and Boswell Map, Crozier Addition, are ready for presentation to Council, and requested that in order to prevent delay Council set a public hearing on his client*s request for an early date. Mr. Rubber moved to set n public hearing in the matter for 2:00 p. m., December IT, lgSG, in the Council Chamber, and to direct the Attorney for the petitioner to prepare the proper notice oF said bearing, bare It approred by the City Attorney and present it to the City Clerk for publication. The motion was seconded by Mr. Rheeler and adopted. TRAFFXC: Mr. Dillard moved to direct the City Manager to study and report on the question of establishing a 3-hour parking limit in the 700 and ilO0 blocks of Stewart Avenue, S, E,, and On Eighth Street, 5. E., between Tazemell Avenue and Dale Avenue. The motion mas seconded by Mr. ~ebber and adopted. There being no farther business, Council adjourned. APPROVED Vice President COUNCIL, REGULAR RENTING, iotdcy. December 3, 1956. The Council or the City of Roanoke met in regular meeting it the Council Chamber lu the Municipal Duilding, Monday, December 3, 1956, at 2:00 o'clock, p. m., the regular meeting hour, with the President. Mr. Young, presiding. i~ESENT: Council members Carter. Daeies. Dillard. Pickett, Mebber. Mheeler, and the President..Rr. Young .................... ?. ABSENT: Nose ............................ O. OFFICERS PRESENT: Mr. Arthur S. Omens, City Manager, Mr. Randolph G. Mhittl* City Attorney, Mr. Harry R. Yates, City Auditor, aadMr. J. Robert Thomas, City Clerk. INVOCATION:: The meeting mas opened with a prayer by the Reverend O. L. Craft, Pastor of tbd £dgewood Christian Church. MINUTES: Copies o~ the minutes o! the regular meetings held on ~orember 19, 1956, and November 26, 1956, having been furnished each member of Council, upon motion of Mr. Carter, seconded by Mr. Davies and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: The City Clerk presented a communication from the Monroe Junior iligh School Parent-Teacher Association, recommending a raise in teachers* pay. The communication mas filed. ZONING: The City Clerk presented a communication from the Esso Standard Oil Company, requesting that its property lying on the southerly side of Brasdon Avenue, S. W., adjoining the corporate line at Mod Lick Creek, be rezoned from General Residence District to Business District. Hr. Davies moved to refer the request to the City Planning Commission for study and recommendation. The motion was seconded by Mr. Mheeler and adopted. STADIUM-DIAMOND JUBILEE: The City Clerk presented a communication from Mr. R. H. Smith, Chairman of the Industrial Exhibit Committee of the Roanoke Diamond Jubilee, advising that it ia the intent of the Diamond Jubilee to place an industrial exhibit underthe west stand of.Victory S~dium, which location it · considers Ideal in many respects, bat the floor not being paved will cause difficulty to tbeexhibitors in properly arranging their displays and dust will be detrimental to both exhibitions and visitors, the communication requesting that Council give its earnest consideration to authorizing paving of the area under the meat stand of Victory Stadium. Mr. Jabber moved, to refer the request to a committee to be appointed by the Mayor for study, determination of the cost and recommendation. The motion mas seconded by Mr. Dillard and adopted. The Mayor then appointed a committee consisting of Messrs. Roy L. Webber, Chairman, M. B. Carter, Herbert A. Davies and Arthur S. Owens to consider the matter. 473 474' REPORTS OF OFFICERS: BUDGET-DEPARTMENT OF BUILDINGS: The City Manager requested a transfer of $120.00 from the Air Pollution Control account to the Building and Plumbing Inspection account il the 1~$6 bedge%~to provide feeds for payment of e temporary employee. Hr. Carter moved to concur in the request' of the City Manager and offered the follouiug emergency Ordinance: (n12916) AN ORDINANCE to amend and reordain Section n63, WBuildiag and Plumbing Inspection', and Section n66. 'Air Pollution ControlU, or the 1956 Appropriation Ordinance, end providing for an emergency. (For fall tent of Ordinance, see Ordinance Rook No. 22. Page 9.) Mr, Carter moved the adoption of the Ordinance. The motion was seconded by Mr. Davies'and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Nr. Young ................... 7. NAYS: None ............................. O. SEWAGE DISPOSAL: The City Manager reported that he is exploring the idea of selling all sludge at the Sewage Treatment Plant to one person and that in crde to complete his study it will be necessary to authorize the use of a portion of city-owned property at the Sewage Treatment Plant to any purchaser of the sludge oatput of the said plant; therefore, he requested authority to advertise for bids for the sale of the sludge of the plant to one purchaser, including the use of certain land at said plant. Mr. Carter moved to concur in the request of the City Manager. The motion was seconded by Mr. Webber and adopted. SYREET LIURYS: The City Manager recommended the installation of twenty 21000 lumen overhead mercury vapor street lights, the removal of twelve 6000 lumen overhead incandescent street lights and the removal of one 2500 lumen overhead incandescent street light in connection with the Commonwealth Redevelopment Project. Hr. Webber moved to concur in the recommendation of the City' Manager and offered the following Resolntion: (#12917) A RESOLUTION authorizing the installation of twenty 21000 lumen overhead mercury vapor street lights, the removal of twelve existing 6000 lumen overhead incandescent street lights and the removal of one existing 2S00 lumen overhead incandescent street light on Commonwealth Avenue, Fourth Street nnd Williamson Road, N. E., between Second Street and Orange Avenue. (For full text of Resolution, see Resolution,Rook No. 22, Page g.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young .................. 7. NAYS: None ............................ O. i i GASOLINE: The City Manager presented a tabulation of bids received by the rurchasiug Agent for autowotive, gosollae requirements of the City of Roanoke for the,period rrna peoenber 1. 1956, through Neveaber 30, 1957, advising that the Gulf Oil Corporation Mud the Xnerican Oil Conpau! have tied us low bidders for regular gasoline nod that the Crown Central Petroleun Corporation has subnitted the Iow bid for preniun gasoline, which he recommended be accepted nad m contract therefor authorized. #r. #ebber toted to dirent the City Attorney to prepare a Resolution accepting the low bids and authorizing a contract therefor. The notion nas seconded by Mr. Mhoeler and adopted. STREET LICBTS: The City Manager recommended the installation of twenty- one street lights ut various locations in the city. offered the following Resolution: (r12918) A RESOLUTION authorizing the installation of street lights at (For full tent o! Resolution, see Resolution Book No. 22, Page 11.) by Mr. Davies and adopted by the following vote: AYES: Council numbers Carter, Davies, Dillard, Pickett, Mebber, Rheeler, person to be paid from funds in the 1956 budget. NAYS: Mr. DJllard---~ .............. 1. on.filein his office . The report was filed. REPORTS OF COMMITTEEs: STORM DRAINS: Council at its meeting of November 26, 1956, having referred '475 '1'4,76 Cletus Broyles bids received for the construction or a 30-inch storm drain in Court Street, N. W., south of Pleasant View Arcane, for tabulation, the committee oobBltted its report, showing that the bid of Gimbert and Giubert, Incorporated, in the awount of $?,132.00 is low. Wt. Carter offered the following Resolution awarding the contract for the project to Gimbert end Glmbefl, locorporated: (s12919) A RESOLUTION accepting the proposal of Gfwbert ned Gfmbert, Incorporated, Roanoke, Virginia, rot the construction of n 30-inch storm drain in Court Street, N. W,, south of Pleasant View Avenue, in the total sum of $?,132.00~ nod authorizing and directing the City Younger to execute the requisite contract. (For full text of Resolution, see Resolution Book No. 22, Page 12.,) Hr. Carter moved the adoption of the Resolution. The motion was seconded by ar. navies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard. Pickett, Webber, Wheeler, and the President, Mr. Young ................. 7. NAYS: None ........................... O. RAGES-CITY EMPLOYEES: Council at its meeting of November 19. 1956. having referred to the Job Classification Committee for study and recommendation a request of the Director of Parks and Recreation. as concurred in by the City Ranagero that the position of Superintendent of Recreation be reclassified to Assistant Director of Parks and Recreation, the committee submitted its report, recommending concurrence in the request of the Director of Parks and Recreation. The committee further advised that it has restudied certain other Jobs and recommended the following additional changes in the Job Classification and Pay Schedule Plan. the committee presenting a Resolution which it had prepared effecting the recommended changes: 1. Change the title of Assistant Building Inspector to Assistant to the Building Commissioner la Groop VII of the COTS section. 2. Reclassify the Superintendent of Parks from Group IX to Group VIII in the COTS section. 3. Reclassify the Beat Pump Operator from Group XII to Group XI in the COTS section. 4. Reclassify the Collector of Delinquent Taxes from Group IX to Group VII in the COTS section. Mr. Davies moved to concur in t~ recommendations of the committee and offered the following Resolution: (u12920) A RESOLUTION making certain changes in the Job classification and pay schedule plan adopted by Resolution So. 12812. (For full text of Resolution, see Resolution Book No. 22, Page Mr. Davies moved the adoption of the Resolution. The motion was seconded by Mr. Carter end adopted by the following rote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Mheeler, and the President, Mr. Young .......................... NAYS: None .................................... O. UNFINISHED UUSINESS: , . CITY PROPERTY-STREETS AND ALLEYS: The Hrssdon Company, Incorporated, smd heists. S. F. Moody sad Robert W..Voody.hOTiag previously offered to exchange math the city certah properties lying oB the north side or Salem Avenue, S, V** west or Third Street, tad ia connection therewith kiting requested that a 12-foot alley extending from Salem Avenue to Norfolk Avenue, S. M** approximately 111 feet west of Third Street, be vacated, discontinued and closed, and the City Planning Commission having previously recotmeaded accepting the offer for the exchange of property aid granting the request for the closing of the said alley, and Council at its meeting of November 5, 1956, having held a public hearing OB the question of closing the said alley, at which no one objected thereto, and, subsequently, at its meeting of November 13, 1956, by Resolution No. 12901, having appointed viewers to view the said alley and report in writing thereon whether or not any inconvenience would result therefrom the City Clerk presented the report of the viewers, advising that they bate viewed the alley mod the neighboring property and are unanimously of the opinion that no inconvenience would result, either to any individual or to the public, from vacating, discontinuing and closing said alley. Mr. Sidney F. Parham, Jr., au attorney for the petitioners, presented a new offer from his clients which deviates from the original offer by agreeing to transfer to the city an additional strip of land in the exchange. Mr. Carter moved that Council accept the offer of The Hrandon Company, Incorporated, and Messrs. S. F. and Robert ~. no*dy and that the following Ordinance be placed upon its first reading: . (~12921) AN ORDINANCE accepting the offer of ~he Brandan Company, lncorporot and S. F. and Robert N. To*dy to dedicate and convey unto the City three (3) strips of land situate on the north.side of Salem. Avenue, 5. ~., between Third and Fourth Streets, for street purposes; dedicating the front portion of the City*s present parking garage lot (Official Lot No. 1010115) for street purposes and authorizing the conveyance of the residue.thereof to said Rrandon Company, Incorporated, et al., in exchange for a slightly larger lot situate approximately 90.0 feet to the west thereof. RBEREAS, S. F. and Robert N. Xoody are officers of and stockholders in The Brandon Company, Incorporated, ~nd said corporation and individuals own real estate adjoining the Cityts parking garage lot, respectively, on the east and on the west; and WHEREAS, the said Corporation and S. F. and Robert M. ~oody have offered to grant and convey unto the City of Roanoke three (3) strips of land situate on the north side of Salem Avenue, S. #., betueenThirdund Fourth Streets, for street purposes, provided the City of Roanoke will, likewise, dedicate the front portion of its present parkinggarage lot for street purposes and will also convey the residue of its said parking garage lot to The Brandon Company, Incorporated, and S. F~ and Robert ~o To*dy, in exchange for a slightly larger lot also situate on the north side of Salem Avenue between said streets but approximatel 90,0 feet to the west~thereof;.and ....... 477 INEREAS, Council submitted a eomparnble, elbe It less rev*robie, proposal several years ago to tko City Planning Cowmissiou for its cossideretfee etd report; which CommlsSiOl, under dote of February 28, ig$3,.flled its report geeernlly recolmeoding ecceptneee; ued RREREAS~ the City Neeeger concurs iu the acceptance or the present offerl MREREA$. IR the opinion of this Conncll, the said offer Is for the best interests of the City ned should be accepted. ~ TDKREFORR, RE IT ORDAINED by the Council of the City of Roanoke us roll,us: 1. That the offer of s. F. and Robert M. Moody a~d The Drandou Company, Incorporated. asset out in a letter addressed to this body, dated November 29. 1956, which said letter ls~on file in the Office of the City Clerk, be, and said offer is hereby, accepted; 2. That the following described real estate heretofore constituting the southerly portion of the City's parking garage lot be, and said real estate is hereby, dedicated as, and shall henceforth constitute, a portion of Salem Avenue, S. M,. In the City of Roanoke, yin.: BEGINNING at a point on the present north line of Salem Aven~e, 245.101 feet from the northmest corner of Salem Avenue and Third Street. S. M., end corner to the west line of The Rrandon Company, Incorporated. and the east line of the City of Roanoke pr*pottles; thence, with said north line of Salem Arenue. N. 85° 00' 08" M. 136.80 feet. (135.00 feet by deed), to a point.corner to the west line of the City of Roanoke property; thence. with said west I lne, N. 4o59* 52w E. 13.19 feet to a point on the newly established north line of Salem Ave*ne; thence, with the newly established north line of Salem Avenue, S. 85° 05' 27* E. 136.73 feet to a point on the west line of the aforementioned The Brandon Company, Incorporated, property; thence, S. 4a 41' W. 13o40 feet to the place of BEGINNING, containing 1818.b7 square feet; and 'REING shown as Parcel No. 3-A on Plan No. 3961, dated November 27, 1956, on file in the Office cf the City Engineer. 3. That the proper City Officials be, and th~ are hereby, authorized to receive, for and on behalf of the City, and cause to be recorded in the Clerk's Office of the Hustings Court of the City of Roanoke, deeds from The Brandon Company, Incorporated, and S. F. and Robert M. Re*dy dedlcatin~ and conveying unto the City of Roanoke, for street'purposes, the following described three (3) strips of land, viz.: BEGINNING at a point On the present north line of Salem Avenue, 381.901 feet west of the northwest corner of Salem Avenue and Third .Street, S. M.. and,corner to thceast line of The Rrandon Company, Incorporated, property as recorded,in Deed BOOk 878, page 492, in the Office of the Clerk of the Hastings Court in the City of Roanoke, ¥irgleia;~theece along the present north line of Salem Avenue, N. §5~:00* 09~ M. 226o34 feetto~a poiot corner to the west line of the aforementioned ,, The Brandon Company, Incorporated, property; , thence along said west line, N. 4° 59* 52* E. , .12.84 feet to a point, on the~newly established ' north line of Salem Avenue; thence al*ag said newly established north line of Salem Avenue, S. 85° 05' 27' E. 226.34 feet to a poiot, on the east line of The Brandon Company, Incorporated, property; thence, S. 4° 59' . 52" W, 13.19 feet to the ploce of BEGINNING, contilnlmg 2945.73 squire feet; nad B£I~O. shouo on. the.aforesaid Plam~o. 3961. as Parcel 2-A. BEGINNinG'it ~ poin~ os the preseo~ a~rth line of Salem Avenue, S..V., said point being 123,001 feet west of the northwest coroeror Salem Avenue mid Third.Street, S, and corner to the west line or a 12=root alley; thence following said pres~ent north line Of Salem Avenue, S. 81° 05' 28" E. 10.9 feet to a point; thence continuing with the present north line of Salem Avenue, N. 85° 00' 08" N. 111.20 feet to a point corner to the west line of The Braudon Company, Incorporated, property as recorded lo Deed Rook S49, page 64, in the office or the Clerk of the Hustings Court of the City of Roanoke, Yfrgfnfa; thence following the west line of said property. R. 4° 41' £. 13.40 feet to a point oi the nemly established north.line of Salem Avenue; thence following the said neuly established north line or Salem Avenue, S. RSO 05' 27' E. 117.02 feet to · point; thence, N. BO° 47' 12" E, 2.20 ~et to a point on the west line of the aforesaid 12-foot alley; thence with the west line of the alley, S. 8° 13' 14" E. 11.62 feet to the place of BEGINNING and containing 1617.38 square feet; and REING shoun on the aforesaid Plan No. 3961 as Parcel 2-B. BEGINNING at u point on the northwest corner of Salem Avenue and Third Street, S. ~.; thence mith the present north line of Salem Avenue, S..RIo OS* 28" ¥. 111.0 feet to a point corner to the east side of a 12-foot alley; thence with said east side of alley, N. 0° 13' 14" #. 11.88 feet to a point on the newly established north line of Salem Avenue; thence with said newly established north line.of Salem Avenue, N..80o 47" 12" E. 111.009 feet to the west line of Third Street, S. l.;:thence with said west ltne of Third Street. S. ~., S. 8° 13' 14" E. 12,47 feet to the place of BEGINNING, con- taining 1851.33 square feet; and BEING shown on the aforesaid Plan No. 3961 as Parcel 2-C; subject, however, to the retention by The Brandon Company, Incorporated. of adequate provisions either in form of lease, reservation, or easement to protect its unlimited right to use the strip of land so long as the existing warehouse ts on theproperty. And, said.prbper City Officials are further authorized to receive, for and on behalf of the City, and canna'to beadmitted to record in the aforesaid Clerk's Office, a deed from the proper grantor(s) conveying unto said City in fee simple with covenants of general warranty the following described real estate, viz.:... ~ . . R£GI~I~G at a point on the south Il ne of Norfolk Avenue, S. N., 420.18 feet west of.the southwest corner of Norfolk Avenue and Third Street, S. ~.; thence on a new division llne. S..4o 59' 52"~. 166.80 feet to the newly established oorth line . .of:Salem Avenue~ S. ~.;~thence.with said line, N. 05° 05* 2~" ~. 149.28 feet to a point corner to the west.line of:~Tha Brandon Company, Incorporated, p~operty as recorded in Deed Rook 878, page 492, in the Office of the Clerk of the Hustings Court of the City of Roanoke, Virginia, and said newly established north line of Salem Avenue; thence with said west line of The Brandon Company, Xncorporated, property, N. 4° 59' 52".E. 167.22 feet to the south line of Norfolk Avenue; thence with the south line of Norfolk '. Avenue, S. 84° 44' 06" E. 149.28 feet to the place of BEGINNING and containing 24692,26 square feet; and ~;479 480 BEING shawl oatkenfoeesold Pill No. 3961 os Parcel No. I. 4. That tie proper City Officials be, lad they are hereby, authorized, for and Da behalf of the City, to execute n deed of bargain nad sale conveying to S. F. end Robert W. Woody and The. Braadoe Company, Incorporated, lo fee simple and with covenants of general warranty the follomlog described real estate, ;DOth llie at · polar'DO'the o! norfolk Avenue. S. W** 201.34 reet~mest of Third Street, S. N.. end corner to the west line of The Brandon Coupaay, Incorporated. and the eest.,llne=of the-City.of Roanoke properties; thence with the aforeuentiooed line betmeen the properties, S. 4° 41' 59.13 feet (S. 4° 45' W. 57.50 feet by deed) to a point; thence, n. 05° lg* n. 5.0 feet (N. 05° 30' W. 5.0 feet by deed) to a point; thence, S. 4° 41' W. 107.10 feet to a. polat on the aemly established north line of Salem Avenue;.thence with'said newly established north line of Salem Avenue. n. 05° 05' 27' n. 136.73 feet to a point corner to the west line of the City of Roanoke property as re- corded in Deed Book 666, page 42. in the Office of the Clerk of the Hustings Court of the City of Roanoke, Virginia; thence along the nest line of the aforementioned City of Roanoke property, N. 4° 165.01 feet to a point on the south line of Norfolk Avenue; thence with the said south line of Norfolk Avenue, S. B4° 141.65 feet (136.5 feet by deed) to the place of BEGINNING and containing 22,579.05 square feet; and BEING shown on the aforesaid Plan No. 3961 as Parcel No. 4; and to deliver said deed in exchange for proper deeds, to the City. as contemplate, In paragraph 3** supra; all of said deeds, however, to be first approved as to Yarn and execution by th~ City Attorney. ?be motion was seconded by BF. Rheeler and adopted by the following vote: AYES: Council numbers Carter, Davies. Dillard, Pickett. Webber. Wheeler. and the President, Mr. Young ................... NAYS: none ............................. O. Hr. DaVies then moved that Council concur In the recommendation of the City Planning Commission for closing the said alley and that the follomiug Ordinance be pieced upon its first reading: (n12922) AN ORDINANCE vacating, discontinuing and closing the uaJor portion of a 12-foot alley in the City of Roanoke, situate 111 feet, more or less west of Third Street, S. n.. and running in a northerly direction from Salem Avenue, S. W., to norfolk Avenue, $. W., a distance of approximately 1BO feet. NHEREAS, the Orandon Company,'Inco~porated hms heretofore filed its petition before Council in accordance with law, requesting that all of a certain 12=foot alley running In a northerly direction from Salem Avenue, S. W., to Norfolk Avenue, S. W.. and situate Iii fe~t. more or less. west of Third Street. S. W.. in the City of Roanoke, be permanently vacated, discontinued and closed. WHEREAS, after the notice required by leu Council appointed viewers to view the property and repor~ fn writing m~eth~r In their opinion any Inconvenience would result from permanently vacating, discontinuing and closing the same, and ~1HEREAS, it-appears from the-reporl In writing filed by said viewers in this proceeding (filed with-the City Clerk, together with*the affidavit of said viewers on the 20th daf of November, 1956), them aa lecoavenlence would result either to ely Individual or to the public from permanently vacating, discontinuing ned closing said alley, tad NR£REAS, Council is of the opinio· that · small portion or the alley sought to be vacated should be left opes for use in future widening of Salem Avenue, and IREREAS, the City Engineer has caused a survey to be made of that portion of the alley not ·eeded roe street widening purposesb nnd RREBEAS, It appears to Council that The Rraudon Company. Incorporated has agreed to bear and defray the costs and expenses or this proceeding. THEREFORE, BE IT ORDAINED by the Council of the City of Roanohe that that portion of the above mentioned IR-foot alley situate 111 feet, more or less, west of Third Street, S.,~., and running in a northerly direction from Salem Avenue, S. ~., to NorfolkAveaue, S. ¥** adistance of approximately 180 feet described os follows be, and the same hereby isa permanently vacated, discontinued and closed: R£OINNINO at a point on the south side of Norfolk Avenue. S. W., said point being 114 feet west of the southwest corner of Third Street and Norfolk Avenue, S. W** and corner to the east side of an 12=foot alley; thence along s·ldeast side-or alley, S. 18 deg. 13~ 14" E, 165.78 feet to · point; said point being on the nemly established north line of Salem Avenue, S. N.; thence continuing on said new line crossing alley on · bearing and distance of S. 80 dec. 47' IR" ~. 12.002 feet to a point on the west side of said alley; thence with west side of alleyl N. 8 deg, 13' 14' W. 1&8.80 feet to a point on the south side of Norfolk Avenue; thence with the south side of Norfolk Avenue, S. 84deg..44% 06' E; 12.34 feet tn the place of BEGINNING, and containing 2008.05 square feet. The above being as shown on Plan No. 3961, dated November 27, 1956 on file in the Engineer's Office of the City of Roanoke,'Virginia. and that all right, title andinterest of the City of Roanoke and the public in and to said portion of said public alley are hereby released insofar as the Council in enpowered-to=doso;~.tbe City of Roanoke~ however, reserving unto itself a public easement.for .the repair, maintenance and replacement of the existing sewer line crossing the aforesaid vacated portion of the alley. BE IT FURTHER ORDAINED that the City Engineer be, and he hereby Is, directed to mark "Permanently Vacated, Discontinued and Closed* that portion of the aforesaid alley herein vacated on all maps and plats on file in his office, referring to the book and page of Resolutions and Ordinances of the Council of the City of Roanoke wherein this Ordinance shall he spread. BE XT FURTHER ORDAXNED that the Clerk of this Conncil deliver to the Clerk of the Rustlngs Court for the City of Roanoke, Virginia a copy of this Ordiaance In order that said Clerk may make proper notation on all maps or plats recorded in his office upon which the said alley herein permanently vacated, discontinued and closed may be shown. '481 '482 The nOtIOn mas seconded by Hr~Nheoler and adopted by the roll,ming vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Rheeler, end the President, Hr. Young ................... ?. NAYS= HOle ............................. COIISIOERATION OF CLAIRS: NONE. INTRODDCTION AND CONSIDERATION OF ORDINANCES Alll} RESOLUTIONS: ZONING: Ordinance No. 12914, fez,ming property fronting 75 feet on the north side of Jsnette Avenue, S. N.. 125 feet mast of Frcnhliu Road. being n portio of property desfgccted ns Official Tax No. 1031106, Yrom Special Residence District to Business District, having previously been before Council for its first reading, read nad laid ever, mas again before the body, Hr. Hheeler offering the foil*ming for its second rending end final adoption: (a12914) AN ORDINANCE to amend and re-enact Article Chapter 51 of the Code of the City of Roan*be, Virginia, in relation to Zoning. (For full text of Ordinance. see Ordinance Boob No. 22, Page ?.) Hr. Wheeler moved the adoption of the Ordinance. The motion mas seconded by Hr. Davies end.opted by the following vote: AVES: Council members Carter. Davies, Dillard, Pickett, Rebber, Hheeler, and the President. Ir. Young ................. NAVS: None ........................... O. PENSIONS: Council at its m~eting of Hatch 19, 1956, having referred to the City Attorney for study a commnnication from the Board of Trustees of the Employees* Retirement System, recommending that Certain revisions be made to the Employees* Retirement System Ordinance, and if in his opinion Council has the power to amend the Ordinance as requested by the said Board, to prepare such an Ordinance and present it to Council, Mrs. Pickett offered the foil*ming emergency Ordinance: (~12923) AN ORDINANCE to amend the Employees* Retirement System of the City of Roanoke by adding a nam section thereto prohibiting assistants, deputies and employees in constitutional offices and employees of any Judge of a court of record from receiving any benefit under the Ordinance during any period of time such person may also receive from the City any compensation for services rendered any constitutional officer or any Judge of a court of record after being retired pursuant to the Ordinance; and providing for au emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 13.) Mrs. Pickett moved the adoption of the Ordinance. The motion mas seconded by Mr. Carter and adopted by the foil*ming vote: AVES: Council members Carter, Davies, Dillard, Pickett, Webber, Hheeler, and the President, Mr. Young ................... ?. NAYS: None ............................. O. MOTIONS AND MISCELLANEOUS BUSINESS: None. There being no further business, Council adjourned. A P P R 0 V E D Presid* COUNCIL, REGULAR ligHTING, RD*day, December 10, 1956. The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Municipal Building, Monday, December 10, 1956, at 2:00 **clock, p. m., the regular meeting hoar, with the President, Mr. Young, presiding. PRESENT: Council members Carter, Davies. Dillard, Pickett, Mebber, Yheeler, and the President, Mr. Young .................... ?. ABSENT: None ............................ O. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Rt. Randolph G. MbJttle. City Attorney, Mr. Harry R. Yates, City Auditor, end Mr. J. Robert Thomas, City Clerk. INYOCATION: The meeting was opened mlth a prayer by the Reverend R. Kern Eutsler, Pastor of the South Roanoke Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, December 3, 1956, having bom furnished each member of Council, upon motion of Mr. Carter, seconded by Mr. Davies and adopted, the reading was dispensed with and thq minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. PETITIONS AND CONMUNICATIONS: POLICE DEPARTMENT: The City Clerk presented a communication fromthe State Department of Melfare and Institutions, transmitting a report of an Inspection of thepalice lockup conducted by that department on November 13, 1956. The report was filed. CITY JAIL: The City Clerk presented a communication from the State Department of Nelfare and Institutions, transmitting a report of an inspection of the City Jail conducted by that department on November 13, 1956. The report was filed. REPORTS OF OFFICERS: BUDGET-ARMORY: The City Manager reported that some National Guard equip- ment was stored in the American Legion Auditorium for the first six months of the year because of Inability to =ova said equipment into the new Armory until certain work was accomplished,at the.said new Armory and requested an appropriation of $600.00 to cover.rental:of the space iu the,American Legion Auditorium for that purpose. Rr. Carter moved to concur in the request of the City Manager and offered the following emergency Ordinance: .... · (z12924) AN ORDINANCE to amend and reordain Section z68, nArmory', oi the 1956 AppropriationOrdinance, and providing for aa emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page Mr. Carter moved the adoption of the Ordinance~ The motion was.seconded by Mr. Dillard and adopted by the following.vote: AYES: Council members Carter, Davies, Dillard, Pickett, Robber, Rheeler, and.the President, Mr. Young .................... ?. NAYS: None .............................. O. '48'3 BUDGET*DEPARTMENT OF PUBLIC WELFARE: The City Manager reported that additional funds nra needed for medical supplies -is the City Physician account to provide medical care for indigents for the remainder of the year and requested that $800.00 be transferred to said account from the Hospitalization account ia the 1956 budget. Mr. Davies moved to concur in the request of the City Hanager nnd offered the follomJug emergency Ordinance:. (z12925) AN ORDInAnCE to amend end reordaia Section uSO, "Hospitalization* and Section ssi, "Physician", of the 1956 Appropriation Ordinance, and providing for an emergency, (For full text of Ordinance, see Ordinance Hook No. 22, Page 19.) Mr. Davies moved the adoption of the Ordinance. The motion mas seconded by Mr. Wheeler and adopted by the folloming vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President. Mr. Young ................... 7. NAYS: None-~ .......................... O. BUDGET-JUVENILE DETENTION HOME: The City Manager requested an appropriate, of $350.00 for medical supplies in the Juvenile Detention Home account of the 1956 budget to provide necessary medical treatment for the remainder of the fiscal year. Mr. Carter moved to concur in the request of the City Manager and offered the folloming emergency Ordinance: (u12926) AN ORDINANCE to amend and reordaJu Section zSl, "Juvenile Detention Uome", of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 22, Page 20.) Mr. Carter moved the adoption of the Ordinance. The motion mas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Nheeler, and the President, Mr. Young .................... ~AYS: ~one .............................. O. BDDG£T-JDVENXLE DETENTION HOR£: The City Manager reported that the Juvenll~ amd Domestic Relations Court has requested a Staff Physician for the Juvenile Detention Home to be paid at the rate of $2,400.00 per annum, which has been authorized by the State Department of Welfare and Institutions, the City Manager recommending that this request be considered in connection mtth the lgST budget. Mr. Carter moved to concur in the recommendation of the City Manager. The motion was seconded by Mr. Davies and adopted. STORM DRAINS: Conncil at its meeting Of October 29, 1956, having referred to the City Manager for study and recommendation a request of Mr. and Mrs. J. Tuck, et al, residing on Huntington Boulevard, H. E., that action be taken to eliminate s~ rm water standing in the 400 block of said street, the City Manager submitted a report, advising that he will, in connection with the 1957 budget, present to Conncil bis plans for drainage facilities in the Wllliamsen Road area for next year, the City Manager advising further that ia his opinion steps should be Initiated toward a permanent solution of the drainage problem in the Mllliamson Rand area, mhloh he believes alii reqnlra the construction of n large storm drain from Tinker Creek near Wason Will Road mesa into the Wllllamson Road area. Hr. Dillard bayed to accept end file the report of the City Meaager~ The iotion was seconded by Hr. Webber and adopted. TRAFFIC: Coancil at its meeting of November 26, 1956, having referred to the City Manager for studF and report the question of establishing 3-hour parking limits in the 700 and BOO blocks of Stewart Aveeue. $. E** and on Eighth Street, S. E., between Tazewell Avenue and Dale Avenue, the City Manager reported that a survey has been conducted by the Police Depsrtuent, and as a result, he proposes to establish 2-hour parking limits on the streets in question. Mr. Carter moved to concur in the report of the City Manager. The motion mas seconded by Hr. Wheeler and adopted. BUDGET-FIRE DEPARTMENT: The City Manager requested a transfer of $500.00 from Fire Hose to Supplies in the Fire Department account of the 1956 budget to provide for the purchase of supplies for the remainder of the Fear. Mrs. Ptckettmoved to concur in the request of the City Homager and offered the following emergency Ordinance: (u12927l AN ORDINANCE to amend and reordain Section u62, "Fire Department", of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 20.) Mrs. Pickett. moved the adoption of the Ordinance. The motion was seconded by Hr. Wheeler and adopted by the following vote: AYES: Council members Carter. Davies, Dillard, Pickett. Webber. Wheeler, and the President. Mr. Young .................... NAYS:'None--~ ........................... O. REPORTS OF COMMITTEES: CONCESSIONS: Council at its meeting of November 26, 1956. having referred to a committee consisting of Messrs. Vincent S. Wheeler, Chairman, Benton O. Dillard, Harry R. Yarns, Arthur S. Owens and Robert e. Hunter for study and recomnendatlon bids received by the Purchasing Agent for various park and Recreation Department, concessions for the year1957, the committee submitted its report, recommending rejection of the bids of Mr. S. A. Garrison for the operation of the concession at Rockledge Inn and Hr. J. M. McNeil faF,the · operation of the concession at t~e Mill Mountain Zoo and acceptance of the following bids: ........ John L. Godwin . . . Rockledge Inn .... {Mill Mountain} John L. Godwin Victory Stadium John L. Godwin Zoo Concession (Mill Wountain) N' j. Dalton Pony Con~ession {Mill Mountain} C. B. Clenmer Carvins Cove Paul L' Routt #asena lO,'of Gross Receipts 15% of Gross Receipts, · 15~ of Gross Receipts Guarantee of $100.00 and 10% - of Gross Receipts $600.00 $ 50.00 ~ #r,~ebber moved to concur. Om the rep,rigor the committee mod to direct lhe City Attorney to prepare tho proper Resolution accepting the bids as recommended and authorizing awarding or the controetso ~The motion wes seconded by Hr. Dories mud od,pied, .. ~ ~ · .AIRPORT:;Councilut its meeting of November 5, 19S6, haviog referred to n committee eoosistiog of Messrs. Roy L.~Mebber, Chairman, Arthur S. Omens mid Harry R. Votes for study ,nd recomnendstion a request or Dixie Aviation Repair~ Service that. permission be granted to transfer its lenaeoo i hangar it the Roanoke Municipal Airport to Hr. ~o Clayton Lemon, operator of Virginia Airmotire, the committee submitted its report, recommending that authority be granted to transfer the lease with · termination date of April 1. 1960, and at a monthly rental of Hr. Rheeler moved to concur in the recommendation of the committee and offered the following Resolution: (u12928) A RESOLDTION partially concurring In the reqsest of Dixie Aviation Repair Service to transfer its lense with the City of R,aD,he for certain facilities at the Hunicipal~lrport I¥oodrum Field) to W. Clayton Lemon. (For full text of Resolution. see Resolution fl,oh No. 22, ~ugo 21.) Mr. Wheeler. moved the adoption of the Resolution. The wotJon was seconded by Hr. Carter and add,ted by the following vote: AYES: Council members Carter. Davies. Dillard, Pickett. Webber, Rheeler. and the FresJdent, Hr. Young .................. 7. NAYS: Nose ....... ~ .................... O. SE#AGE DISPOSAL: Council at its meeting of November 13, 195~. having referr~ to a committee consisting of Messrs. Roy Lo Webber, Chairman. Walter L. Young. Arthur S. Omens and Rasdolph G. Rhlttle for stud7 and recommendation a request of the Doard of Supervisors of Roanoke County that the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke, dealing with the treatment of domestic and commercial wastes~ be amended to include an area lying to the north of Hershberger Road in the vicinity of Virginia State Route No. 117. the committee submitted its report, recommending that the request of the county be granted and that a Resolution previously prepared by the Legal Department, amending said contract, be adopted. = Mr. Carter moved to direct the City Clerk, in reading the Resolution, to omit reading of the metes and bounds description of the area involved. The motion was seconded by Mr. Davies and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Wheeler, and the President, Mr. Young .......................... ~ NAYS: Mr. Webber ...................... 1o Mr. Davies then moved to c6ncur in the report of the committee and offered the following Resolution: (=12929) A RESOLUTIO~ amending the contract of September 28, 1954, between the City of Roanoke and the County of Roanoke dealing mith the treatment of domestic and commercial wastes. (For fall text of Resolution, see Resolution Book No. 22, Page *487 Mr. Davies moved'the adoption of the Resoletion, The motion Was seconded by Nv, Wheeler and adopted by the rollomiag vote: AYES: Council members Carter, Davies, Dillard, Pickett, Wheeler, and the President, Hr, Young ..................... NAYS: None ....................... On (Hr, Webber not voting) UNFINISBED SUSINESS: ZONING: Council at its meeting of November S, 1956, having referred to the City Planning Commission for study and r~eoumendctiou a request of Nfs. Eleanor Merrlcks, et alt that their properties located o n the northerly side of Yemericl Avenue, S. W** between'Cambridge Avenue and Dennlston Avenue, be rezoned from Special Residence District to Business District, the City Planning Commission submitted its report, advising that two owners of properties adJbinlng the property in question and representatives of several others in the immediate neighborhood have appeared before the Commission and objected to the requested rezoning, and that upon consideration of the fact that there are substantial residences adjacent to and in the Immediate neighborhood of the properties in question, as well as au elementary school, it is the opinion of the Commission that the residential character of the neighborhood should be maintained and protected from business encroachments; therefore, the Commission recommended that Council deny the request of the petitioners. The City Clerk advised that Mr. Ben M. Richardson, Attorney for the petitioners, has requested that a public hearing be held on the question. Hr. Webber moved to set a public hearing for 2:00 o'clock, p. m., January 14, 1957. in the Council Chamber ia the Runicipal Building. and to direct the Attorney for the petitioners to prepare proper notice of said hearing, have it approved by the City Attorney and present it to the City Clerk for publication. The motionwas.seconded by Mr. Mheeler and adopted. CONSIDERATION'OF CLAIMS: NONE. · INTRODUCTION AND CONSIDERATION OFORDINANCES AND RESOLUTIONS: CITY PROPERTY-STREETS AND ALLEYS: Ordinance No. 12921. providing:for an exchange of property:between,the City of Roanoke and The Brandnn Company, Incorporated, Mr. S., F. Woody and Mr. Robert W.. Moody, said property being located on the north side of Salem Avenue, S. W.o west of Third,Street, baying previously been before Council for its first reading, read and laid over, was again before the:body, Mr. Carteroffering the following for its second reading and final adoption: (~12921) AN ORDINANCE accepting the offer of The Brandon Company, Incorporated~and S. F. and Robert W. Woody to dedicate and convey unto the City three (3) strips of land situate on the north side of Salem Avenue, S, W.,~between Third and Fourth 5treets,~for street purposes; dedicating the front portion of the Clty*s present parking garage lot (Official Lot No. 1010115) for street purposes:and authorizing the conveyance of the residue thereof to said Brandon Company,: Incorporated, et al.', In exchange for a slightly larger lot situate approximately 90.0 feet to the west thereof. (For,full:text of Ordinance, see Ordinance Book No. 22, Page 14.) Nr, Carter moved the adoption of the Ordinance, The motion mas aeooude~ by Wu. 0ivies tad a~opted by the following vote: . .' AYES: Council members Carter, Dam es, ~lllurd, Pickett, Nebber, Wheeler, and the President, Hr, Young ................. NAYS: None ........................... O. CITY PROPERTyoSTREEYS AND ALLEYS: Ordinance No, 12922, vacating, dlscontJaa- lng and closingtbe major portion of a 12-foot alley running in a northerly direction from Salem Avenue to Norfolk Avenue, S. N** 111 feet west of Third Street, having previously been before Council for its first reading, read and laid over, was again before the body, Wrs. Pickett offering the following for its second reading and final adoption: (UlRgRR) AN ORDINANCE vacating, discontinuing and closing the major portion of a Ii-foot alley in the City of Roanoke. situate 111 feet, more or less, west of Third Street, S. R** and running in a northerly direction from Salem Avenue, S. W., to Norfolk Avenue, S. W., a distance of approximately IRO feet. (For full text of Ordinance, see Ordinance Book No. 22, Page 17.) Rrs. Pickett unfed the adoption of the Ordinance. The motion was seconded bT Mr. Rheeler and adopted by the folloming vote: AYES: Council members Carter. Davies. Dillard, Pickett, Webber. Rheeler. and the President, Hr. Young ................ ?. NAYS: None .......................... O. GASOLINE: Council at its meeting of December 3, 1956. having directed the preparation of Resolutions accepting the lom bids received for automotive gasoline and authorizing award of the contracts therefor, Mr. Rheeler offered the following emergency Ordinance awarding contracts to the Gulf Oil Corporation and the American 011 Company: (=12930) AN ORDINANCEawardlng unto the Gulf Oil Corporation and American Oil Company contracts pursuant to which said Companies shall supply the City its required regular gasoline from the 1st day of December, 1956, through the 30th day of November, 1957; authorizing the Purchasing Agent to execute, for and on behalf of the City, proper contracts; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 22, Page 24°) Mr. Wheeler moved the adoption of the Ordinance. The motion was seconded by Mr. Webber and adopted by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Rheeler, and the President, Mr, Young ................ 7. NAYS: None .......................... O. ' ' Mr. Carter then offered the following emergency Ordinance awarding a contrac to the Cromn Central Petroleum Corporation: (~12931) AN ORDINANCE accepting tho bid of Crown Central Patrolman Corpora- tion to supply the City its required premium grade gasoline from the 1st day of December, 1956. through the 30th day of ~ovember, 1957; authorizing the Purchasing Agent to execute, for and on behalf of the City, the usual contract; and providing for an emergency. (For fall text of Ordinance, see Ordinance Rook No. 22, Page Hr, Cotter moved the adoption of the Ordinence. The motion uae seconded by ar. ~heeler and adopted by the follouisgvote: AYES~ COUBCll members Carter. Davies. Dillard. Pictett. Mebber, ~heeler, and the President, Hr. Young .............. -7. NAYS: None ......................... O. NOYIONS AND WISCELLANEOUS BUSINESS: NONE. There being no further business, Council adjourned. .APPROVED President ;4189 COUNCIL. REGULAR IEEYING. #onduy. Ueceuber IT. 1956. The Council of the City or Roanoke met ia regular meeting im the Council Chamber ia the Unoicipal Building. Monday. December 17o 1956. ot 2:00 uecloch. p. m** the regular meeting b.are with the Presldemt. Hr. Y,mag. presiding. I~£SENY: Council members Carter. Davies. Dillard. Pickett. #ebb,r. Rbeeler. and the Fresident, Rt. Yonng ................. T. ABSENT: None ......................... O. OFFICERS PRESENT: Hr. Arthur S. Owens, City Ranager. #r. Randolph G. Hhittle City Attorney. Mr. Harry R. Vat,s. City Auditor. and Hr. J. Robert Th.nas. City Clerk. INVOCATION: The meeting mas opened mith a prayer by the Reverend R,tV A. Cumby, Pastor of the South Roanoke Baptist Church. RINUTES: Copy of the minutes of the regular meeting held on Ronday. December 10, 1956. having been furnished each member of Council. upon motion of Rt. #heeler. seconded by Mr. Davies and adopted, the reading mas dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC HATTERS: STREETS AND ALLEYS: A public hearing having been set for 2:00 o'clock, p. m. on the request of Mr. Abram J. NovJch that an alley rnnnjng through Block 2, Gray and Boswell Map, Crozier Addition, located eastward from Thirteenth Street, N. E., between Gregory Avenue and McDowell Avenue. be vacated, discontinued and closed, and notice of the hearing having been published in The Roanoke Norld-News on November 30, 195&, the hearing was held. la this connection, the City Clerk presented a communication from the City Planning Commission, advising that in viem of the fact that the Trustees of the East £nd Baptist Church .mn two of the lots in the block and have an interest in the matter the Planning Commission feels that the portion of said alley adjacent to the church property should not be vacated, the Commission recommending that with the exception of the western eighty feet the alley be vacated, discontinued and closed. The City Clerk also presented a report of viewers appointed by Resolution No 12D96, adopted on the 13th day of November, lgSb, advising that after viewing the said alley and the neighboring property they are unanimously of the opinion that no inconvenience mould result either to any individual or to the public from vacating, discontinning and closing the said alley. Mr. A. T. Loyd, Attorney for the petitioner, appeared before Council and stated that his client bas agreed to transfer to the church four feet of the alley running alongside its property in addition to the six feet which would accrue to [the church if the alley Is closed and that a representative of the church has ,! Nv. Carter noved that the request of the petitioner be granted nnd that the following Ordinance be pieced apda Its first readizg: (~!2932) AN ORDINANCE vacating, discontinuing and closing a certain mapped, but undeveloped, alley rushing through Section 2, according to the Map of Grey ned Doswell, Crozier Addition, which map of Gray nad Boswell is recorded in Deed HOOR 173, page 153, in,the Clerh*s office or the Dustings Court rot the City of Roanoke, Virginia. which alley extends eastwardly from 13th Street, B. E.. between Gregory Avenue, N. E** ned NcDowell Avenue. N. E** to a dead-end at the Nelson Hardware Company property, being approximately 334.65 feet in length. · HER£AS. Abrau J. Novick bas heretofore filed his petition before Council in accordance with law Jn which said petition said Abram J. Novick requested Council to permanently vacnte**discontinue and close the hereinafter described alley, of the filing of which said petition due notice nas given to the public as required by lam: end WHEREAS, In accordance with the prayer of said petition viewers were appointed by Council to view the property and report in writing whether in their opinion any inconvenience would result from permanently vacating, discontinuing and closing the hereinafter described alley; and ~H£RCAS, it appears from the report in writing filed by said viewers in tars proceedfng,(filed with the City Clerk, together with the affidavit DY said · viewers on the 26th day of November, 1956), that no inconvenience would result, either to any individual or to the public iron permanently vacating, discontinuing and closing said alley; and ~B£REAS, the City Planning Coomission had a public hearing on the 21st day of ~nvember. 1956, at which hearing there was no objection to the vacating of said alley, and the City Planning Commission recommended to the Council of the City of Roanoke, Virginia, that a portion of the alley running through Section 2, according to the Dap of Gray and Boswell, Crozier Addition, which said map is recorded in Oeed Book 173, page 153, in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, which begins 50 feet east of 13th Street and extends eastward to a dead-end at the Nelson Hardware property,.whtchis approximately 254.65 feet, be vacated, discontinued and closed: and . YHEgEAS, the.Council of the City of Doanoke, Virginia, did on the l?th day of December, 1956, at 2:00 o'clock, p. m., in the Council Chamber, after due publication as required by lam. hold a public hearing on the request of Abram J. Novick for the closing, of the alley, running through Section 2, according to Gray and Boswell. Crozier Addition, which is recorded in Deed Book 173, page 153, in t~ Clerk's Office of the Bustings Court for the City of Roanoke, Virginia, which extends easterly from 13thStreet~ N. E.,between Gregory Avenue, N. E., and RcDowell Avenue, N. E.,to a dead-end at*the*Nelson Hardware Company property, being approximately 334.65 feet in length;and . · WHEREAS, this action of Council was taken by a majority of Councll*s entire membership; and~ ,.; NB£REAS~ It further appears to Council that the said petitioner has agreed to bear and defray the costs and expenses incident to this proceeding. .491 __1 .,492 THEREFORE, BE IT ORDAINED bF the Co·scil of the City of Roanoke that s certain mapped, but undeveloped ·lieF, run·fag through Sec*ins 2, sceordfsg to the Rap or Graf hsd Boswell, Crosier Addition, mhlch map of Grny nad Boswell is found of record Is Deed Boor 173, page 153, is the Clara's Office or the Hustings Court for the City of RonBoke, Virginia, mhich alley extends.enstmardly from 13th Street, N. E.. between Gregory Avenne, N. E.o and WcDow~ll Avenue, N. E.o to · dead-end on the property omaed by Nelson Hnrdmsre Company on the east, being approximately 334.65 feet, in length, be, nnd the same is hereby permanently vacated, dfscontinned and closed; nnd that all right, title ned interest or the City of Roanoke and the public in nnd to said alley described herein are hereby released insofar as the Council is empomered so to do, the City of Roanoke, homever, reserving unto itself a public easement in the said alley for semer lines and water mains and the right of ingress and egress for the maintennnce, rep·ir and construction of any property now or hereafter used for such easement. HE IT FURTHER ORDAINED that the City Engineer be, and he fs hereby directed to mark WPermanently Vacated, Discontinued and Closed". that certain mapped, but undeveloped, alley running through Section 2, according to the Rap of Gray and Bosmell, Crozier Addition, which map of Gray end Boswell is found of record in Deed Book 173, page lSS, in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, mhich alley extends eastwardly from 13th Street, N. E., between Gregory Avenue, H. E., and UcDowell Avenue, N. E., to a dead-end on the property owned by Nelson Hardware Company on the east, approxlmately334.65 feet in length, on all maps and plats on file in the office of the City Engineer of the City of Roanoke, on which said maps and plats said alley is shown, referring to the book and page of Resolutions and Ordinances of the Council of the City of Roanoke mhereln this Ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council deliver to the Clerk of the Hustings Court for the City of Roanoke, Virginia, an attested copy of this Ordinance in order that s~ld Clerk may make proper notation on all maps or plats recorded in his said office upon which are shown the said alley herein permanently vacated,.dlscontlnued and closed as provided by law. The motion was seconded by Mr. Davies.and adopted.by the follomlng vote: AYES: Council.members Carter, Davies, Dillard, Pickett, Hebber~ Wheeler, and the President, Mr. Voung ................... 7. NAYS: None ............................. O. BUDGET-CITY TREASURER: Mr. J. H. Johnson, City Treasurer, appeared before Council, advising.that due to the increase in volume of work in his office and the number of employees aver recent years it is necessary that be have additional,space, and requested that CooncI1 expedite the remodeling of his office based on plans previously prepared by the Engineering Department. The City Manager stated that this matter Is being considered by Council in its.bidget study sessions. Mr. Wheeler moved to defer action on the request of the City Treasurer pending its consideration in Councllts current budget study sessions. The motion was seconded by Mrs. Pickett and adopted. PETITIONS AND COMMUNICATIONS: :~ '~ ' ~ ~. · STREET LIGHTS: The City Clerk presented u'eomuualeatioe from tkeAPpaluchJan Electric,Power Company, reportieg~the installation of nine 2500 lumen-street lights amd the removal of one 2500 lumen street light in the City of Hoeooke during the month of'November, 1955, The communication mos ordered filed. , PENSIONS: The City Clerk pteseuted a communication from the Hoard or Trustees of the Employees* RetirementSystem of the City or'Roanoke, stating that the Hoard btu on file and available to Council the actuarial report om the Employees Retirement System for the year 1955, as prepared by Mr. George H. Huck, Consultant. The communlcatloo was.filed. HUDGET-SCHOOLS: The City Clerk presented a communication from the Roan.he City School Hoard, requesting certain transfers In Its 195& budget. Mr. Dillard moved to refer the matter to the City Manager for his reconmendatlon.~ The motion was seconded by Yr. Mheeler and adopted. HUDGET-SCHOOLS: .The Oity Clerk presented a communication from the Hoanoke City School Board, requesting an appropriation of $11,993.50 for'textbooks in its 1955 budget, advising that this amount has been collected as rentals for textbooks during the year and paid into the city treasury. Mr. Carter.moved to refer the matter to the City Manager for his recommenda- tion. The motion was seconded by Mr. Davies and adopted. HUDG£T-COMPENSATION BOARD: The City Clerk presented official notice of the State Compensation Board of its awards to th*Commissioner of the Revenue, the City Treasurer, the Commonwealth'Attorneyand the City Sergeant for the year 1957. The communications were filed. REPORTS OF OFFICERS: ., ARMORY: The City Manager reported that pursuant to an advertisement, bids have been received for gymnasium seats for the National Guard.Armory from Virginia School Equipment Company, Incorporated, the J. H. Pence Company, Mr. J/ L. Rob*risen; Factory RepreaentatJveof Ilussey Manufacturing Company. Incorporated, the Berlin Chapman Compaoyand'J. Norwood Holmes, which he recommended be referred tO a committee for study. · ' ':'. . Br. Carter:moved.tot*fur the'bids to a committee to be appointed by the Mayor for study and recommendation. The motion was:seconded by Mr. Wheeler and adopted. ': . : . The Mayor then appointed.the following committee: Messrs. Roy L. Mebher, Chairman, Arthur Si Owens, Rob*riP. Hunter and H.. CletnsHroyles. PURCHASE OF PROPERTY-STREETS:AND ALLEYS:The city Manager reported that Hhlting Oil Company, Incorporated,' has agreed to sell tothe city 2.201.11 square feet of land needed'for the mldeningof the north side of. Salem Avenue, S. between Jefferson Street and First Street, for a sum of $43,000.00 cash,, which Council has heretofore directed be condemned by Ordinance No.. 12824, adopted on the 27th day of August, 1956, and recommended that the offer of [kiting Oil Company,' Incorporated. be accepted and that:the condemnation suit which has been entered ant*be dismissed. . - '-, :. . , ;494 Mr. Dillard moved to coocur In the recommendation of the City Manager and offered the following emergency Ordinance: (a12933) AN ORDINANCE authorizing the acquisition by purchase or 2,281.11 square feet or lendo more or less, om the north side of Salem Avenue between Jefferson Street and Isa Street, S. M** from Mhltlng Oil Company, incorporated, or the lamful owner thereof, upon certain terms and cosdltloos; providing for the ~aywent of the purchase price tkerefor~ and providing for an emergency. (For mil'text 6f Ordinance, see Ordinance Boob N6. 22, Page 26.) Mr. Dillard moved the adoption of the Ordinance. The motion was seconded Hr. Bavies and adopted by the roll,wing vote: AYES: Council members Carter, Davies, Dillard, Pickett, Mebber, Nheeler, and the President, Hr. Young .................. 7. NAYS: None ............................ O. STADIUM: The City Manager stated that he has made a considerable study of the possibilities of using a tarpaulin to corer the football field at Victory Stadium and recommended that he be authorized to advertise for bids for such a tarpaulin to be presented to Council upon receipt thereof. Mr. ~ebber moved to concur in the recommendation of the City Manager. Yhe notion was seconded by Mr. Carter and adopted. STREETS A~D ALLEYS: The City Manager reported that Sears, Roebuck and Conpa] has constructed a covered walkway and pylon sign mhich extend over a setback line for street widening purposes on Mflliamson Road and that the said company bas requested that it be permitted to maintain the walbmay and sign ever said setbacb. line with the understondin9 that the company will remove, at no cost to the city, that portion of said walkway and sign extending over the setback line in the event the city wishes to widen MillJamson Road, the City Manager recommending that the request of Sears, Roebuck and Company be granted. Mr. Carter moved that Council concur in the recommendation of the City Manager and that the following Ordinance be placed upon its first reading: (=12934) AN ORDXNANCE authorizing the erection of a temporary walkway and pylon sign to extend over a certain setback line heretofore established on the west side of Nilliamson Road, N. E., over property heretofore knomn as the easterly ~art of Lot No. 3070316, according to the City's Tax Appraisal Map, inter alta, sobJect to certain terms and conditions. NHEREAS, Ordinance No. 9812 heretofore passed on the 28th day of February, 194g, established a setback line on both sides of [illiamson Road from the old corporate limits to the new corporate limits, said setback line extending parallel Jto and 50.0 feet on each side of the present established center ~ne of Mllliamson Road So as to provide for a lO0-foot wide street ~nd provided that no building thffe after erected on any lot abutting said street should extend over the setback line as established by said Ordinance; and . WHEREAS, Sears, Roebuck and Company, a corporation, has applied to the Council for permission to erect a temporary walbway and pylon sign on the easterly portion of the land formerly known os Lot No. 3070316, on the City's Tax Appraisal Map, situate on the west side of Mllliamson Road, to be used in conjunction with its use of a' large store building being erected on said lot, but mhich said walkmay and pylon sign, if erected, moeld extend over' the aforesaid established setback line;~ and' ,~* MHEREAS,'said applicant has agreed In writing that'if the aforesaid '" permlaslonbc grabted, it will, etauy later date upon the requirement of the City, forthwith' remove all parts or s~id temporary walkway and pylon sign which extend over and easterly of'the setback line above-me'ntioned.'the cost or such removal to be borne'solely by Sears, Roebuck and Company; and that such walkway nad pylon sign. tr permitte~ to be built, mill be substantially erected and maintained in such'condition end appearance as not to detract from the general appearance of the neighborhood. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that Sears. Roebuck and Company be. and it is hereby, authorized and permitted to' erect n temporary walkway and pylon sign on the property heretofore known as the easterly portion of Lot 3070316. according to the Cityts Tax Appraisal #op. situate on the west side of Milllamson Road, N. E** to be used in conjunction with its use of a large store building presently being erected on said lot~ subject, bomerer, to'the follomfng express terms and conditions: 1. That no portal the aforesaid temporary walkmay and pylon sign shall be erected or installed within 30.0 feet of the presently established center line of Milliamson Rood at Said point;and 2. That, hereafter, upon the request or demand of the City,.the said permittee or any other person holding under said permittee or being the occupant of said property, will, at its sole expense and at no cost to the City, remove or relocate said walhway and sign so as to not thereafter extendcloser than feet to the aforesaid center line Of Milliamson Rood; and 3. Thattheaforesald walkway and pylon sign, if erected on the property above-described, will be of substantial construction and mill be maintained in such condition and of ~ppearance as motto detract from tbeappearance of the neighborhood;:and.. 4. That if said permittee elect to act under the provisions o[ this Ordinance, it shall be deemed to have agreed toall.ofthe terms and conditions hereof. BE IT FURTHER ORDAINED that no,rights.or interests~shall pass to or be rested In the permitteeor~ln:any other person by virtue of.this.Ordinance'and that the permlt:hereim=granted:noy be revoked in its entirety at any:later,date by the Council of the:City of Roanoke. . :'.~ : '-- -- .: The motion was seconded by Mr; Daefea and adopted by the followingvote: -'. ~ AYES::Cooncil members. Carter, Davies; Dillard,~Pichett,!Nebber, Mheeler, and the President, Mr. Young .................... T. . NAYS: None .............................. O. SALEOF~PROPERTY-ACADEMY~OF MUSIC-MATER DEPARTRENT: The City Manager recommended that he~beauthorized~tozpablicly advertise for~sale the old'Academy of Music lot on the~south side,of Salem~Avenue, S. M.~east or,Fifth Street, and the Mater Department office property on the north side of Salem Avenue, S. £., east of Jefferson Street, the bids received to be presented to Council for its consideration. ./496 · ir. Carter moved to concur ia the recommendation of the City Manager. The motion mas seconded by Ar. Wheeler and adopted, TUBERCULOSIS SANATORIUM: The City Manager reported that pursuant to a p~blic advertisement, two bids hare been received for use of the Roanoke Tuberculosis Sanatorium at Coyner Springs, one from Medical Group Foundation, Iocorporated, Mythevllle, Virginia, for use as a chronic disease facility at a rental of $400,00 per month or five per cent of the gross income from patients, witR the option to renew the lease at the end of tRree years on the same terms or tn purchase the property for $100,000.00 with a credit or one-half of the amount of rent previously paid to be applied on the purchase price, nad the other from The C. D. Carter Convalescent Howe, Roanoke, Virginia. for use as a home for aged and a convalescent home at a rental of $5,600.00 per annum, which bids the City Manager presented to Council for its disposition. ar. Webber moved to refer the bids to a comuittee consisting of Messrs. Arthur S. Owens, Chairman, J~hn N. Fallmell and Dr. Charles M. Irvin for study and recommendation. The motion was seconded by Mr. Wheeler and adopted. AIRPORT: The City Manager reported that he has made some studies toward leasing of th~ parking facilities at the Roanoke Municipal Airport and would like to know whether Council would consider pursuing the matter. Mr. Carter moved to refer the question to a committee consisting of Messrs. Roy L. #ebber, Chairman, Arthur S. Owens and Harry B. Yarns for study and recommendation. The motion mas seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Carter, Davies, Pickett, Webber, #heeler, and the President, Mr. Young ........................ NAYS: Mr. Dillard .................... 1. BUDGET-PENSIONS: The City Manager recommended a transfer of $5,800.00 from Employer°s Contributions to Police and Fire Pensions in the Retirements account of the 1955 budget, advising that the request is made because of the retirement of more members of the Police and Fire Departwen~ under the old pension system than was anticipated daring the year. Mr. Webber moved to concur in the recommendation of the City Manager and offered the following emergency Ordinance: (~12935) AN ORDINANCE to amend and reordain Section al3, *Retirements*, of the 1955 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 22, Page Mr. Webber moved the adoption of the Ordinance. The motion was seconded by Mr. Wheeler and adopted by the following vote: AYES: Cooacil members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young .................. 7. NAYS: None ............................ O. BUDGET-STREETS AND ALLEYS-BRIDGE CONSTRUCTION: The City Manager reported that the 1955 budget contains in the Street Construction account an amount of $35,000.00 for the cost of widening the north side of Salem Avenue, S. W., between .! Jeffer~baStr~et'=a'ud ~l~st StYe'et~='aud cb~ai~s i'u'~he Brldge"~on'strU¢il~i account os ta0aht br' $~500. oO'to'~'6ver~h~clty*~ p0rtiob 6r theCbs't~r 'the brid~e 6vet Peters Creek. neither of which can be done during the present fiscal lear, and requested that the~e amounts betransrerred to the Improvement Fund to pay for the cost of those projects daring the next ~car."' ~: .~ ' Mr'. C~tt'~r m~ed'to concur ih'the recommendation or the City Ha~a~er and offered the'follObJng~et~rg~nc~'Ordinanc'~: ' t .~ . ~- ! (nI29~6)'AN ORDINANCE to amend and reordain Section'al40. "Street Construe- tidal, Sectibn n14~, *Transfer'to improvement Fund", and SeCtion ~144,:"B~ldge Construction~. of the 19S6 Approprfatfo~ Ordinance, and'ProvldJ'ng for an emergency. · ~ ' (For rail text of Ordinance. see Ordinance Book Ne* 22* Page Mr. Carter moved the adoption of the Ordinance; The motion mas s~onded by Hr. Davies bnd'~ad6pted by the following ~ote: AYES~ Council members Carter, Davies. Dillard. Pickett, Rebber. ~heeler, and the President; Hr. Young .... ~~-% ........... NAYS: None ............................. O. BUDGET-CITY JAIL: The City Manager reported that the appropriation for food supplies for the City Jail In the 1956 budget is inadequate because of the increase~ cost of fond a~d'~equested an 'appropriation of $1,0~0.00 for that pnrp6se. Hrs. Pickett moved to concur in the~request of. the City Ranager"and offered the following'emergency Ordinance: (~12~37) AN ORDINANCE to amend and reordafn Section ~30. 'Jail", of the lgS~ Appropriation Ordinance. and providing for an emergency. (For full te~t of 0rdinance. see Ordinance:Book No. 22, page 29.)' MFs. Pickett moved the adoption of the Ordinance. The motion was seconded by Rt. Uheeler and adopted by the following vote: AYES: C6U~CiJ ~embers Carter, Davies, Dillard. Plckett.;~ebber. Wheeler. end the Prbsid~nti #r.'Young£~---£--~ ..... · BUDGET-CITY SERGEANT: The City Manager requested an appropriation of $300.00 to Automobile Allowance in'the Sergeant account'of the 1~56 budget to provide for the payment of necessary automobile travel during the remainder of the fiscal year. " · Rr. Davies moved to concur l~the request Of the CityNannger agd offered the follomJng emergency Ordinance: ..... " : ~UI2938);A~:ORDINANCE' t~ amend.and r~ordain Section u~?, 'Sergeant', of the 1~5~ Appropriation;Ordina~ce,-and providing for an'emergency. (For full text of Ordinance, see Ordinance Book No;2~, Page 2g.) ' Nr. Davies'~ored ~he adoption of the Ordinance. Themotion w~sseconded by Rr;C~rter:a~d ~dOp~ed by'the folloming vote: AYES: Cbuncll memb~rs'Carter,'D~vie~,Dilla~d, Pl~ke~t~ ~ebber; Nheele~, and the President, Hr. Young .................. ?. · NAYS: None ............................ Oo 498 BUDGET-REFUNDS AND REBATES: The C~t7 Menage~ requested in appropriation or $800.00 to. provide ~or accessory refunds o! accounts darJ.g the remainder of the fiscal yes~. Mr. Carter moved to concur ia the recommendation o! the City auusger and offered the rationing emergency Ordinance: (u12939) AN ORDINANCE to amend and reorduin Section u154, "Rereads and RebutesU. or the 1956 Appropriation Ordinance, and providing rot an emergency. (For rail text or Ordinance, see Ordinance Book No. 220 Page 30.) Mr. Carter moved the adoption of the Ordinance. The motion was seconded by ar. Davies end adopted by the folloming vote: AVES: Council members Carter, Davies, Oillard,.Pickett, Mebber, Mheeler, and the President, Mr. Yonng ............... 7. NAYS: None ......................... O. BDBGET-AIRPOaT: The City Manager reported that the appropriation for Gasoline and Oil rot aesale at the Eoanoke Municipal Airport as contained fn the 1956 budget is inadequate and requested an appropriation of $6,000.00 to that account. Mr. Wheeler eared to concur In the request of the City Manager and offered the following emergency Ordinance: (a12940) AN ORDINANCE to amend and reordaio Section ~80, "Airport", of the 1956 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance BoOk No. 22. Page 30.) ar. Wheeler moved the adoption of the Ordinance. Yhe notion mas seconded b! ~r. Dillard and adopted by the following vote: AYES: Council members Carter, aeries, Dillard, Pickett, Webber, Wheeler. and the President, Mr. Young ................... 7. NAYS: None ............................. B~DGET-$EMAGE DISPOSAL: The City manager requested authorit~ to erect a sign on the Sewage Treatment Plant at a cost of $364.00 tn order that peFsons traveling in the vicinity of the plant night be able to identify It. Mr. Webber moved to refer the request bach to the City Manager for further study. The notion was seconded b~ #r. Mheeler and adopted. MATER DEPAaTME~T: The City Manager presented to Council for Its considerate and approval plans for the renovation of the new Water Department office building on Kirk Avenue, S. W., betweeo First Street and Second Street. Mr. Carter moved to refer the plans to a committee consiting of messrs. Walter L. Young, Chairman, ~erbeFt A. Davies, Arthur S. O~ens, Gilbert H. auston and John L. Wentworth for study and recommendation. The ~otion was seconded by Mrs. Pickett and adopted. BUDGET: The City Manager advised that by reason of the increase in fees for the Medical Examiner pursuant to action of the last General Assembly of Virginia the present budget appropriation is Iflsufficfeat and recommended that $500.00 be appropriated to that account. Mr. Davies moved to concur lB the recommendation of the City Manager Old offered the follomiog emergenc~ Ordionnce: (a12941) AN ORDINANCE to amend end reordoin Section u61, *Medical Examiner* of the 1956 Appropriation Ordinance. end providing for au emergency. (For fall text of Ordfonncet see Ordinance Rook No. 22, Page 31,) Mr. Davies moved the adoption or the Ordinance. The motion mas seconded by Mr. Carter nnd adopted by the follomlag vote: AYES: Council members Carter, navies. Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young .................... NAYS: None .............................. O. REPORTS OF COMMITTEES: CITY EMPLOYEES: Council at its meeting of November 19, 1956, having referre( to a Committee composed of Mr. M. B. Carter, Chairman, Mrs. Macy C. Pickett and Mr. J. Robert Thomas for study and recommendation the question of establishing service buttons or insignia for municipal employees, the committee submitted its report, recommending as follows: 1. That Council establish the policy of giving to each employee with twenty or more yeacs of service a service button or pin of the design shown as No. I in Exhibit A of this report and that the service insignia have added thereto for each five years of service thereafter a distinctive Jewel, a synthetic ruby for tmenty*five years being replaced with a synthetic sapphire for thirty years and with a diamond for thirty*five years, the initial cost of the insignia, based on the approximately three hundred employees who mould receive them during the year 195~, being approximately $3,0R0.00. That the thirty-five years' service insignia be awarded at appropriate ceremonies by the Mayor and insignia for lesser years be awarded by a member of Council in the departments concerned from time to time. 3. That if you concur in this report, the amount of $3,000.00 be placed In the budget for 1957 and ~ your committee continued to work out the.further details of the program. Mr. Webber moved to'table the matter for consideration in connection mlth the 1957 budget. The motion was seconded by Mr. Dillard end adopted. UNFINISHED DUSINESS:'NONE~ ' CONSIDERATION OF CLAIhS: NONE. INTRODUCTION'AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: PARKS AND PLAYOROUNDS-SYAOIUM-WATER DEPARTMENT: Cou~eil at its meeting of December 10, 1956, having directed the preparation of a Resolution accepting bids for certltn co~ceiiioi p~lvlieges in Parks and recreational areas, Mr. Carter offered the following Re~olution: (n12942) A RESOLUTION accepting bids for certain concession privileges to be exerciied, respectively, it Rickledge Inn, Victory'Stadium, Zoo Concession, Pony Concession, Carrion Cove, and Manana Park; rejecting all other proposals; and directing the execution of requisite contracts. (For full texi of Resolution, see Resolution Book No. 22, Page 31.) Mr. Carter moved the adoption of the Resolution. The motion was seconded by Mr. Davies and adopted by the following vote: '"499 500 AYES: Council members Carter, Davies, Dillard, Pickett, Webber~ Rkeelee, ond lke President, #r. Young .................... ?. NAYS: None .............................. O. MOTIONS AND MISCELLANEOUS BBSINESS: AIRPORT: Ur. Robert F. Hoffman appeared before Council, stating that he and Hr. J. E. Owens, partners trading ns Dixie Aviation Repair Service, operating the said service at the Roanoke Municipal Airport, do not concur in the provisions or Resolution No. 12928, adopted by Council on the loth day of December, 1956, authorizing the transfer of their lease to Hr. M. Clayton Lemon, since the Resolution reduces the term of the lease by tub and nine-twelfths years which mill result In approximately $3,000.00 of loss to him and his partner if the lease is transferred to Mr. Lemon. Hr. C. A. Moodruw, Jr., Attorney, stated that Hr. Lemon is unwilling to pay Messrs. Buffunn nod Owens for the unamortized balance of physical improvements to the property which they have made under the terms of their lease unless the rail remainder of the ten years of the lease is transferred to him, Ur. Woodrum requesting that Council reconsider the matter. Roy L. Webber, Chairman, Arthur S. Owens a~d Harry R. Votes for restudy and report to Council. The motion was seconded by Mr. Wheeler and adopted. ELECTIONS: The Hayor advised Council that it mill be necessaFy to elect one member of the Advisory and Appeal Board, Air Pollution Control, for a period of four years beginning January 1, 1957; five members of the Board of Zoning Appeals for a period of three years beginning January 1, 1957~ five members of the Stadium Advisory Committee for a period of two years beginning January 1, 1957: and one member of the Stadium Advisory Committee to fill the unexpired term of Hr. Clyde Cocke, deceased, for a period of one year ending December 31, 1957. Re. Carter placed tn nomination the name of #r. Fred E. Prosser for reelection ac a member of the Advisory and Appeal Board, Air Pollution Control, for a term of four years beginning January 1, 1957. following vote: AYES: Council members Carter, Davies, Dillard. Pichett, Webber, Wheeler.- and the President, Hr. Young ................... 7. NAYS: None ............................. O. Ur. Dillard placed in nomination the name of Mr. Fo E. Bishop for reelectio as a member of the Board of Zoning Appeals for n term of three years beginning January 1, 1957. Mr. Carter pla~ed in nomination the nome of Hr. S. H. Barnhart for reelectio as a member of the Board of Zoning Appeals for a term of three years beginning January 1, 1957. Ur. Oillard placed in nomination the name of Mr. F. M. BFIll for reelection as a member of the Board of Zoning Appeals for a term of three years beginning January 1, 1957. ~. #r. Carter pi·ced in nominatio· the nome of Mr. C. Cecil Florn for reelection a· · member of the Board of Zoning Appeelu for · term of three years beginning January 1, 1957. #r. Davies placed fa nomination the name of #fl Louis P, Smftbey roe reelectJo· aa · member of the Board of Zoning Appeals for a tern of three years beginning January 1, 1957. There befog eD further eomtaatfoes, Messrs. F. E. Bishop, S. H. Barnbnrto F, B. arill, C. Cecil Flora and Louts P. Smithey mere reelected as members of the Board or Zoning Appeals roe terms of three years each begl·ning January 1, 1957, by the full,ming vote: AYES: Council members Carter, Davies, Dillard, Pichett, Webber, Wheeler, end the President, Hr. Fcung .................. ?. NAYS: None ............................ O. BF. Carter placed in nomination the name of Nra Abney S. Boxley for reelection as a member of the Stadium Advisory Committee for a term of two lears beginning January 1, 1957. Mr. Wheeler placed in nomination the name of Hr. C. E. Caddy for reelection as a member of the Stadium Advisory Committee for a term of tm, years beginning January 1, 1957. Mr. Davies placed Jn nomination the name of #rD John I. Bowman for reelection as a member of the Stadium Advisory Committee for u term of two years beginning January !, 1957. Hr. Dillard placed in nomination the name of BF. William P. Smurtz, Jr., for reelection as a member of the Stadium Advisory Committee for a term of two yearn beginning January 1, 1957. Mr. Davies placed in nomination the name of Mr. Walter G. Stepbeoson for reelection as a member or the Stadium Advisory Committee for a term of tm, years beginning Jannary t, IRS?. There being no further nominations, Hessrs. Aboey S. Boxley, C. E. Caddy, John I. Bowman, William P. Smartzo Jr., and Walter G. Stepbenson were reelected as members of the Stadium Advisory Committee for terms of two years each beginning January 1, 1957, by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ................ 7. NAYS: None .......................... O. Mrs. Pickett placed in nomination the name of Mr. William B. HcCathere to fill the unexpired term of Mr. Clyde Cache. deceased, as a member of the Stadium Ad.isory Committee, said term expiring December 31, 1957. There being no Further nominations, Mr. William N. BcCathern mas elected as a member of the Stadium Advisory Committee to fill the unexpired term of Mr. Clyde Cache, deceased, said term expiring December 31, lg57, by the following vote: AYES: Council members Carter, Davies, Dillard, Pickett, Webber, Wheeler, and the President, Mr. Young ................. T. NAYS: None ..... ~ ..................... O. COD~CIL: The Mslor stated thot the Bent~ regular meetllg of Council sob*dale( for December 24, 1956, has been declared n holldsy b~ Council and suggested that another date be set for said meeting. . Hr.-Carter moved tO bold the neat regular meeting of Council at 2:00 *moloch p. m** December 260 1956. The motion mas seconded by Mr. Dillard and adopted. There being no further business, Council adjourned. APPROVED