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HomeMy WebLinkAboutReel 21 (2/09/1953 - 11/11/54)COOSCIL, REM ME~TISO, Nonday, February 9, 19~3. The Council of the City of Roanoke met in regular meetins tn the Circuit Court Room in the Municipal Buildin~, Honday, February 9, 19~], at 2tO0 o'clock, po mo, the resular meetin~ hour, with the President, H~o Webber, preeidln~o PF~SZ~TI Hassle, Hin~n~ ~ald~ ~oo~j Yo~, a~ the President, ~, ~ebber ....................... ~FIC~S ~R~E~t ~. J~s N. Klnc~on, Assist~t City Attorney, a~ ~. H~ R. Yates, City Auditor a~ Acti~ City Hana~er. ~e ~etl~ ~as ope~d ~lt~ a prayer ~ Dr. K. ~. Hadda~ay. Pastor of Raleigh Court Het~odist Hight Copy o~ ~e relates of the re~lar meetl~ held on Horny, January ~, l~J. havi~ been furnished each me. er of Co~cll, upon motion or H~. seco~ed by ~. Young a~ unanimously adopted, the readin~ ~as dispensed ~Zth and t~e minutes ~p~ved aa recorded. ~RI~ OF CITIZENS UPON FU~IC ~AT~ DEPArtS: Pursuit to notice of advePtise=ent ~o~ bids on the con* atruc~ion of the concrete fou~atlons ~ ~purtena~es for the Washl~ton HeiSts elevated tank a~ the OraM~n Cou~t st~pipe, designated as Contract H of the Department, accordl~ to plans ~d specificationa furniahed by the ~ater Department, said bids to be received by the City Clerk until ~00 o'clock, ~. m., February ~, 15~]. a~ to be opened before the Council of the City o~ Roanok9 at that hour, the President, ~. Webber, asked If there was anyone present ~o did ~t fully understand the advertis~ent, ~f there was a~one present who had been denied the privilege of bidding, or If there were any questio~ a~one w~ld like to ask, and no representative present raisl~ any question, the President instructed the City Clerk to proceed with the o~ning of ~e five bids received, ~e bids having been opened a~ ~blicly read before Council, Hr. ~oung offered the followl~ Resolution: (~11706) A R~OL~ION referring bids on the ~nstruct~on of ~e concrete fou~ations a~ appurtenances for the Washl~ton He~ts elevated ta~ a~ the Or~ln Court st~dpipe, desig~ted as Contract H of the Water Department, to a co~lttee composed of Mr. O. E. Moore, E~lneer In ~arge of Const~ctlon of the Water Department, Hr. Jo~ L. Went~rth, Director of ~blic Works, a~ ~. J. Robert Thomas, Assistant City Auditor, for tabulation and report to the Council of the City of Roa~ke at its next re~lar meet~ on Mo~ay, Feb~a~ 16, 1953, (For full text of Resolution, see 0rdl~nce ~ok No. 19, Page 259.) ~. Young moved the adoption of the Resolution. ~e motion was seco~ed by by ~. Wo~y a~ adopted by the following vote~ A~: Messrs. Minton, W~dr~p, Woody, Yo~, a~ the President, Hr. Webber-5. NAYS: None ................ O. ZONING: Notice of a public hearl~ on the question of rezon~ from Special Residence District to Busl~ss District a certain rectifier parcel of land situate ~n the northwest corner of Frmklin Road ~d Janette Avenue, S. W., frontl~ 225 feet on Franklin Road a~ I~S feet on Janette Avenue, bein~ a pa~t of the t~act of lend designated as Official No. 1031106, having been published in The Roanoke News pursuant to ~ttcle ~I~ Section ~3, oF Chapte~ ~ o~ the C~e o~ the City Roanoke, settin~ the t~e of t~ he~n~ at ~ o~clock~ pt ~., ~ay~ Feb~a~y 19~3, the matte~ was befog. C~nc{1. l~ thZs co~ction, ~. R. T. ~w~ds, Attorney, repreaentinZ ~e appea~ed before C~ncil a~ sta~ed that the attorney fo~ peuso~ opposl~ the i~ has been c~led out oF to~ due ~ a death in the.f~lly, ~. ~wards advis~ that he la wlllin8 for ~e hea~l~ to be continued until the next re~la~ m~tl~ of the b~y. No other citizen bei~ present In co~ction with the proposed rezoning, Wald~p ~ved that ~e hea~i~ be continued until the next re~lar ~etl~ of Cocci'. ~e ~tion was aeco~ed ~ Hr. Woody a~ ~animously adopted. EONI~= Notice of a p~lic hearl~ on the question off rezonl~ From ~pecial Residence District to Business District property located between ~mo~lal Aveme a~ Nestovev Avenue~ S. W.~ east oF Wlnborne ~treet, described as the.western ~eet oF ~ts 1, ~, 3 ~d ~, Block ], ~llll~ Clay~r Map, being a p~t off ~e tract ~oF land designated as Offici~ No. 1]~0611; also, a l~foot alley ad,scent to the : ~west side oF said prope~ty~ a s~ll portion oF an east-and-west 12-froot alley ;adjacent to the north side oF said property; and a ~1 tria~la~ parcel oF the ~outhern portion oF ~t ~, Block ], ~lllla~ Claytor ~p, ~1 of which areas are [shown on a preliminary plat prepped by C. B. Malco~ & ~on~ dated Japery ?, 19~]~ [hav~g been published la The Ro~oke Wo~ld-New~ pursuant to Article XI, ~ection oF Chapter 51 oF the C~e off the City off Roanoke~ setting the time oF the hearing :2~ o~clock, p. m., Ho~ay, Feb~ary 9, 19~]v the ~tter ~as before Council, ~. ~H. H. ~omaw, Attorney, representi~ ~e petitioners, ~pe~ln~ before the body in behalff o~ the request fop rezon[ng. No one appeaP~ In opposition ~ the request Fo~ rezoning, ~ no co~unicatlons on the subject hav[n~ been received, ~. Woody moved that Council concur In the reco~e~atlon oF the City Pla~lng Co~tssion that the request ~rezo~ be grated a~ that the ~ttev be referred to the C~tyAttorney ffo~ prepara- tion oF the p~peP O~tn~ce. ~e motion was seco~ed by ~. ~aldrop a~ unanimous adopted. ~TR~S A~ A~S: Notice oF a public he~ on an application to Council to vacate, discontinue a~ close a l~ffoot alley ruling no~th a~ ~uth ffo~ a dista~e of ~ Feet between ~ts ~, ~, 6 ~ 7, Newl~d Map, a~ ~e westerly poetic oF ~ts 1, P, 3 and ~, Block 3, Wllll~ ClaytoP ~p; also, a portion off a ~ley adJoini~ the north ~lde of the above property ~ ~unning east ~ west, From the east side oF ~t ~, Newla~ Hap~ to the east side oF the western flffty Feet ~t ~, Block 3, Willim~ Clayto~ Hap, said alley a~ port[on of alley ~t~ located In the block bounded on the north by Hemovlal Ave~e~ on the east by Deml~ton on the south by Westove~ Avenue a~ on the ~est by W~nborne Street, In the ~outhwest section off the City of ~o~oke, hav~g been published In The Roa~ke World-News, ~ettl~ the time off the ~ at ~00 otclock, p. m., HO~ay~ Feb~ary 9b ~atter was before Cou~ll, ~. H. M. Hoomaw~ Attorney, representl~ the pet~tioners, appe~l~ before the body In beh~ff off the closin~ off the ~ley a~ portion off alle No one appea~in~ in opposition to tha closin~ of tha allay and portion of alley~ and.no'communications on the subject havins been recaived~ Hr.'l/oo~y moved that Co--il concu~ in ~e ~c~ation o~ ~e City Pla~ns Co~ssion that the alley and portion o~ a~ey be closed and ~at ~e ~atte~ be reflexed to ~e City Attorney Fo~ preparation of ~e p~ope~ Ordin~ce, ~e motion ~s seceded by ~. Youns a~ un~ously adopted. P~IONS A~ CO~NXCATIONSt T~XCt The Cit~ Clerk b~ht to the attention off Cou~il cop~ off an ~tic · appea~ln8 Zn the Nove~e~ 1, 19~, issue of Collier,s Haeazine, entitled, eSolvins r~t P~kinz Problem', ~ ~les T. HcGavin ~lth ~tacy V. Jones, as submitted by ~. F. H. Hancock. The article ~as DEP~ OF ~BLIC ~LF~E~ A co~unication ff~m Hr. Gilbert J. ~ch~a~tz, 1~7 Cente~ Aveme~ ~. ~., ~visin~ that ~e relief ~rant of ~s. ~a Johnson, a eido~ ~o has been occupyin~ an apart~nt of t~ rooms In his ho~ fo~ ~re than five yea~a at a ~ental off $~,~0 pe~ month, has been cancelled on the ~ro~s she Is able ~ ~rk Fo~ he~ living, ~as before Councll~ ~. Schlitz assertl~ that from his kno~led[e c~ state that ~s. Johnson is not able to do any~~ he useful work by ~lch to mke a ll~l~ and voicing the opinion ~at she is eligible fo~ a relief ~ant s~flcient ~ p~ hey rent a~ to buy the necessary food ~lch Is [ not fall upon l~[vldu~l~ ~ho are nel~e~ legally o~ mo~ally obligated, H~. Sch~a~t~ I: chargl~ that the Department of ~blic Welfare Is neglectinE an imposed duty a~ that u~ess somethi~ Is done fo~ ~s. Jo~son he will resort to some other ~thod by which he can ~ld himself of a respo~lbllity ~lch Is not his, but one which obviously Is ~at of the Depart~nt of Public ~elf~e. On ~tion of ~. Waldrop, seconded by ~. Hlnton ~ unanl~usly adopted, the matter was ~efevred to the City H~aEe~ to investigate Hrs. Johnson's situation with the Directo~ of ~e Departmnt of hblic We~e and to report back to Council. [~ CI~ PLAN~INO CO~SSION: A co~unicatlon from the Secreta~ of ~e City Pla~lnE Co--salon, together with the An~al Report of the tity Pla~ Comi~sion ]{ fo~ 19~, was before Council. ~e c~unication ~ ~po~t ~e~e filed. ~5~S-S~HS: ~e followi~ co~unication from ,the City Planing Co~lssl~n, with referees to the aba~onl~ of an existl~ sever ease~nt on Lots 1, ~ a~ 3, Block 2, Hunters Ho~ Hap, In exch~ge fo~ a ~w sewer easement on Lot 3, was before Council: "Peb~a~ 3, 19~3. .The Honorable H. L. Webber, Hayo~ a~ He~e~s of City Councll~ Hoa~ke, Virginia. Gentlemenl The City Planing Co~lssion has been asked fo~ a reco~e~ation In ~eEavd to the request of ~1111~ L. and ~a H. Sibley, o~ers of property located on Mt. Vemon Road, designated as Lots 1, R ~ 3, Block ~, Hunters Home Hap~ ~at an existint ~ewe~ ease~nt on said lots be aba~o~ed to pe~mlt construction of a residence thereon. It is u~erstood by the Comis~lon that the aba~o~nt of said sewe~ ~lll ~t ~fect property o~ers In the l~diate vicl~ty since thel~ p=ope~ties are served ~ othe~ sewe~ lines, and t~t the petitioners have a~eed to deed to the City a m~ sewe~ ease~nt to be located on ~t 3 of said Upon consideration of the facts before it, the City Planning CommissiOn rccommards to City Council that thc request of said property owners that said sewer easement be abandoned be ~ranted provided there is no coat to thc City in thc abandonment of the cxiatin~ sewer or in the construction of the new sewer, and that the present usage of the sower uill not be interrupted. RespectfUlly submitted, (Signed) W. J. McCorkindale, Jr. · Chairman." A~ter a discnsalon of the matter~ Hr. Minton moved that the question be referred to the City Hanager and the City Attorney for investigation, and if the carrying out of the request of the property owners is in order, that the City Attorney prepare the proper 0rdinanoe. The motion was seconded by Hr. Waldrop and unanimously adopted. BUSES= A communication from Hr. W. R. Rom, Manager of the Satiety Motor Transit Corporation, advising that representatives of the Roanoke Ballway and Electr Company and the Safety Motor Transit Corporation would like.to discuss with a committee from Council certain matters relating to the operation of the two companies including the present fare structure, was before the body. Hr. Young pointed out that since Council does not know what matters the !!transnortation companies want to discuss, the body does not know who to appoint to ilthe committee, and moved that the matter be referred to the Hayor, the Vice-Mayor !and the City Manager to ascertain the matters that the transportation companies ,:want to discuss, so that the proper comralttee can be appointed. The motion was !;seconded by Hr. Waldrop and unanimously adopted. FENSIO~S: A communication from the Secretary-Treasurer of the Board of liTruetees of the ~mployees~ Retirement System of the City of Roanoke, together with i!the Fifth Annual Report of the Investment Portfolio of the System as submitted by the Advisory Comittee on the Investment of Funds, was before Council. The co~unication and report were filed. LICENSES-GRADE CROSSINOSt The followir~ communication from the License Inspector, with reference to the payment of their 19~3 license by merchants located ii in the section where the proposed Jefferson Street Grade Crossing Elimination ProJec~ ia to be built, was before Council= "February 6, Hon. Roy L. Webber, Mayor, . and Members of City Council, Roanoke, Virginia. Gentlemen= The majority of merchants located in the section where the proposed Jefferson Street Grade Crossing El~mination Project is to be built have only paid the first one-half of their 1953 license. They have asked whether or not they ~ould be required to pay the last one-half in case they were fcrcsd out Of business under the condemnation proceedlr~s before the end of Our license is an annual license based on prior year~s gross receipts, and may be paid in two lnstallments~ one in January and one in July. Feeling that Council would like to consider these facts in advance of any settlement ~lth these merchants who may not be able to relocate and continue in business throughout the 2ear, I am passing this information along to you in order that you may advise what method the License Department should follow in case some merchants are forced out of business under such conditions. Respectfully yours~ (Mignsd) Johnn~ Johnson City License Inspectore , .The City Suditor pointing out that. even though the license may be paid in two Ink'all'ants, the' licens~ itself is not proratable under the present provisions of the License Tax Code~ Hr. Young moved that the communication bo filed. The motioti was seco~ed by H~o Hlnton and unanimously adopted. AN~E~(ATION-SCSOOLSt A communication from the Hollins Road Civic League~ asking that it be advised aa to the status of a new elementary school in the Hollins Road Com~unity, was before Council. On motion of Hr. Hlnton, seconded by Hr. Waldrop and unanimously adopted, the communication was referred to the Roanoke City School Board for reply. ~TREET LIGHTSI A communication from the ~ppalachian Electric Power Company~ advising that no street lights were installed or removed during the month of January 1953, was before Council. The communication was filed. BUDGET-SROEE CONTROL*. The following communication from the Chairman of the Advisory and Appeal Board to the Director of the Department of Air Pollution Control asking that the travel expense account ~n the Department of Air Pollution Control cudget be increased, was before Council: ~February S, 19S3 The Honorable Ha[or and Hembers o£ 'ity Council Roanoke, Virginia. 6entlemen: At a regular meeting of the Advisory and Appeal Board of the Department of Air Pollution Control, the following, resolution was passed: That the City Council of Roanoke, Virginia, be asked to reconsider the appropriation for travel expenses presently allotted to the Department of Air Pollution Control. It is the belief of the'Board that inasmuch as the director is a duly elected member of the Board of Directors of the national organization known as the Air Pollution Control Association, and in addition is a member of the executive committee, that he should be allowed adequate funds to pex~uit him to fulfill the responsibilities incumbent upon him .- as an office of this organization. The Board also believes that the m~derate amount of funds needed for this purpose will be more than repaid through the favorable publicity ~iven to the city in the organi- zation~s publication and references to ~oanoke frequently made in technical and service mmnuals. It is further believed that since this technical field of work is so new that the lnfomation which the Director receives from the floor discussions of techhical papers and the useful personal contacts made at the annual meetings are material gains for use in the functioning of the aL pollution control office. . The Board respectfully asks that serious consideration be given the above resolution and that additional funds be made available. Respectfully submitted, (Signed) Henry B. Bo~nton Chairman On motion of Hr. Woody, seconded by Hr. Young and unanimously adopted, the request was referred ~o the City Man~ger for study, report and reco~endation to ;Counc il. REPORTS OF OFFICERS: VETERANS HOUSING: The ActinE City Hanager submitted the following report from the City Hanager, with reference to use of the abandoned Veteran~ Housing Project site on Colonial Avenue, -~. W..' "Roanoke, Virginia February 9, .1953 To The City Council Roanoke ~ Virginia estate development. Subeequently~'on November 3, 1952, }ir. Paul Coffey, President of the ~ecreation Association, and H~o l~ex T° Hltchell, Jr., t D~rector of Farke and Recreation, requested that the .~area be la~d ou as a ~olf co.se. ~en on ~c~e~ 1~ 19~, the PI~ Co~ssion ~eco~ed that City C~il ~lve co~lderation to providl~ a ~olf course on ~la site. ] ~ attachinS hereto a lette~ f~om H~es~ ~eay, ~tte~n & Hattern~ settin~ forth an estimate of ~e p~liml~ cost ~o~ la,out ~ork. In addition, o~ o~ Enslne~J~ Staff has made seve~ ~a~ln~a ~ possible layouts o~ ~e p~ope~ty. ~e to ou~ extremel~ close budget fo~ 19~3 a~ the latexes of the season, I ~ould not reco~nd that ~e attest au~ an ~bitlous p~Sr~ at this time~ ~t ~athe~ that ~e contl~e to clea~ the l~d p~ope~ly, ~rade a~ fertilize it~ and have ~t p~pared so t~t it c~ld be used either for a p~k o~ fo~ a ~lff course at some fut~e date ~ould Clt~ Council decide to adopt one o~ these pla~. I ~uld not reco~e~ that ~e p~perty be used flor a real estate development. I do ~espect~lly s~est ~at C~ncil ~effe~ this matte~ to the Pl~nl~ Co~ission In o~der that co~lderation ml~t be ~iven to lnco~o~atin~ this plot of l~d into our p~k system. I need not ~mi~ ~ou that In the event of turnl~ this area ~nto a real estate development the property muld be sold to private enterprise and ~e ~ney e~e~ed ~or necessary ~mprovements ~n our ~nual budget. the l~d ia made ~nto a park, ~t l~ there Forever a~ ~ld ~ve to ~e~ratio~ to come untold beneFit~. ~e value off parks cabot be u~erestl~ted. T~ee ex.plea of low- r~e plannin~ alo~ ~ls line are Central ~k in Ne~ York~ Druid Rill Park ~n Baltimore, a~ Byrd P~k In Rlchmo~ each o~ ~hich co~d have been made into real estate developments ye~ a~o. I trust that you ~11 ~lve this reco~ation 7our consideration. Re~pect~lly su~ltted, (S[~ned) Arth~ ~. City H~a~er" ~. Y~n~ moved that Council com~ In ~e recom~Mation of the City a~ that ~e question of lnco~or~tl~ the above plot of l~d into the city's park · ystem be referred to the C[t7 Plann[~ Co~is$ion For ~dy, ~eport and recovers-{ tton to C~ncll. The m~tlon ~as seco~ed by ~. Wald~p a~ unanimously adopted. ~TH~S A~ ~: The Actin~ City Han~ev su~Itted the followi~ report from the City Hana~e~, ~th refeve=e to wideni~ ~111tt Avenue, S. W., between son Street and First Street= "Roanoke, Virginia January28, 1953 To The City Council Roanoke, Virginia Gentlemen= At our meeting on October 6, 19~, you directed me, in your File ~51~, to ascertain the cost of widening Bullltt Avenue between Jefferson Street and First Street, S.W. In attempting to find the most favorable conditions possible for wldeningBullltt Avenue, I secured competent appraisals on the properties, met with the architects constructing the building on several occasions, and conferred several times with Hr. Eugene Carbaugh, the promote~ of the project. ! also talked with Hr. Lee Eeedick, the owner of properties at Jefferson Street and Bullitt Avenue, by telephone on three occasions; and trying diligently to make sc~ne arrangements with hims ! made a visit to New York on December 17, 1952, for a meeting in his office. I ~m listing for you for ready reference letters, appraisals, and other facts pertaining to the property which are as follows~ 1. Five letters from Hr. David M. Etherldge, an appraiser who h~s given the City the value on the property. The letters are designated, A, B, C, D and E. 2. An option from the First National Exchange Bank for property on the south side of Hr. Keedick~s property at hhe corner of Jefferson Street and Bullltt Arenas. The owners agree to sell the City ten feet of land for $20,000.00. Thiswas one of the conditions on which Hr. Eeedick would agree to deed property to the City for the wideningo£ Bullitt Avenue. 3. A telegram from Hr. Keedlck dated October 15, 1952, in which he cite conditions on which he will dedicate the land. ~. A letter from Hr. Lee Keedlck concerning a conference we had in his office on December 17, 1952, At this conference, Hr. Keedick agreed with Hr! Carbaugh that there would be an exchange of land for partsof the alley running east and west, back of hie property] however, the next morning Hr. Eeedlck changed his mfrd; and this office has not received the aforementione¢ telegram yet. S. Letters £rcm ~, Joel which are self-explanatory. 6. Haps concernin~ the property, ?. An estimate of the cost. 8o Letter ~om Hr. D. H. Etheridge~ dated December 1, 9 .Copy Of 0~dinar~e ~9~67, ed_opted August 2~ 19~8, establishing a setback line on the south side of ~llitt Avenue ~t~een Jefffe~son ~t~eet ~ Fl~st Street~ ~. ~. I~ you ~lll ~efe~ to No. 7 off ~ ~eport, it ap~s to me that the cost could ~ Justified IF the City's fluvial position was In such shoe that this ex~lt~e ~uld be made wl~out sac~lfficin~ too ~y othe~ needed street ~veme~ts~ ho~eve~, this Is a decision ffo~ Council to make~ a~ me,ely pass it on to you fo~ observation. Since the Herchants ~arkin~ Co~a~ I~o~orated~ have si~nlff~ed their ~llli~ss to do~te 1~ fleet off land to the City Fo~ a width of 10 fleet, ~lch I thl~ Is most ~racious, I would s~est that Council accept ~ls You ~lll observe In my No. ~ that ~ o~ln~ce has already been enacted a setback line ~lch ~ould lnco~orate ~e rem~l~e~ of the If any o~ers ~ld dedicate la~ or seres to sell at a later date, ~ldenin~ could ~ acco~ll~hed In ~eriodic staEes.. Respectffully audit ted, (Sl~d) ~thu~ S. ~ens ~. ~oody moved that action on the report of ~e City ~na~erbe defferred until Februa~ ~, 19~]. ~e motion ~ss seco~ed by ~. Yo~ and un~imously adopted. D~INQUE~ T~S: Tho Actin~ City H~ager ~u~ltted a ~rittenrepo~t From ~e City Hana~er, to~ether ~lth a co~arative statement from the Actl~ Delinquent T~ Collector, sho~i~ Person~ Property a~ Real Estate t~es collected by the Delinquent Tax Dep~tment for ~e months or January, 19~O, 19~1, 19~ a~ ~e report a~ statement were filed. B~G~-~NICIFAL CO~T~ The Act[~ City Ha~e~ su~[tted the follo~ From the C~ty H~geP, ~ith refe~nce to ~e need ffo~ ~ additi~al employee In the ~nic tp~ Cou~t ~ ~Roanoke, Virginia February 9, TO The City Council Ho~oke~ Virtinia - Gentlemen~ I ~ould like to ~lt a lette~ ~rom Honorable S. H. ~rice, ~ud~e of ~nicipal Court~ In ~lch he c~ls to our attention the need for an addition~l e~loyee In his offfice. ~ls ofFlce~ alo~ ~th many othe~, Is no~ cav~l~ a maxl~ load; a~ I am co~tdent that they need addition~ help. Ho~ever~ ~lth ou~ lifted available budget ~nd~ for 1~5~, I ~l~ ~e co~d meet the p~cblem temporarily ~author~zi~ t~t f~m time to time extra help be ~ployed. ~%ls Is passed on to you for you~ consideration, Hespect~lly ~u~itted~ (~l~ned) ~thu~ 5. O~e~ City Hana~er~ ~. ~o~y moved ~at Council concu~ in the report of the City H~ager and offered the follo~l~ emergency Ordinance,approprtati~ ~,CO ~o~ extra help tn the ~ntcip ~ {~11707) AN OHDIN~CE to ~e~ and ~eo~dain lection t2~, ~nici~al Court~, of the 195] BudEet O~di~nce~ a~ provldt~ fo~ an e~r~ency, {Fo~ ~11 text of Ordin~ce, see O~lnance ~ok Eo, 19~ PaEe. ~. ~oody moved ~e adoption of t~ O~dina~e, The motion ~s ~eco~ed by ~. Yo~ a~ adopted ~ the follo~in~ votes AYES~ Hessr~, Ktnton~ Yaldrop~ Woody~ Youn~,.and the Prasidsnt~ NAY-~: None ........ O. AIRF0~ The ActinZ C~ty ~Se~ su~itted t~ folloe~ns repoTt City H~aze~ ~l~ ~e~ere~e to rent~ off lobb~ co~te~ space In the ne~ tlon Bul~l~ at the Roa~ke ~cipal Al~o~t to ~eric~ '8oanoke ~ Virsl~ a Feb~y 7, 19~3 To ~e City Cou~ll Gentle~n~ The followl~ letter f~m Hr. H. L. Harris, Ha~ger of ~e concurred in by ~ 'CI~ OP ROAN~ Interdep~t~nt Co~unicat ion DATE: Februa~ 3, 1953 TO2 A.S. ~ City Hanager ~OH: H. L. H~ris, H~ager, Airport ~rlcan Airlines desires to lease from the city ~p~xl~tely 60 sq, ft. of lobby co~ter space In the new Te~Inal ~ulldi~ adjacent to the p~sent ticket counter and ~i~ the quarter circle area at the ~r~ e~ of the aivll~ corridor directly across f~m the public telephones. We have rented other lobby space to the U-Drive-It Co~y for $5.00 per sq. Ct. per year a~ I reco~ t~ space mentioned above be ~anted at this s~e rate. Please advise. Signed: Harris~ Other similar space in ~e lobby is p~sently rented at a rate of $~.00 per square foot pe~ a~m~ a~ I respectfully reco~e~ that yo~ authorize by ordinate ~e execution oF a lease to ~erican Airlines of the 60 square Feet o~ additional space at the above rate. Respect~lly submitted, (SIEned) ~. ~. ~ens Cl~ ~. ~'al~op moved that Council concur In the reco~e~ation of ~e' City ~nager a~ that the matter be refer~d to the City Attorney for preparation of the pro~P Ordinance, the lease to be on a ye~-to-year basis. The motion was seconded ~by ~. ~inton a~ unanimously ad,ted. P~C~SE OF PROP~: The City ~gev submitted the Actl~ following from the City Manager, ~th f~ther ~ference to the ~c~lsition of a tria~l~ [~plot of land located at the Junction of Hershberger Road, ~cipal Airport Road a~ Wllll~on Road In co~ction with the establishl~ of a setback line on the east'side of ~nicipal Airport Road, from Hershberger Road ~ the ~orth corporate "Roanoke, Virginia February 9, 1953 To The City Council Roanoke, Virginia Gentlemen: You gentlemen have received copies of the followlng~letter from Hr. C. P. Kefauver in which he offers to sell to the City land situated at the Junction of Wllliamson Road and Hershberger Ro~d near Curtis Avenue: ,January 23, 1953 Hr. Arthur S. Owens, City Manager, Municipal Building, Roanoke, Virginia. Several weeks ago ! submitted to you an option at the price of $8,500.( for the purchase of Block 1 as shown on the Hap of Alrles Court situa! at the intersection of Williameon Road~ Airport Road. and Curtis Avenue I sm now authorized to offer you this tract of land for ~?,SOO.OO for a period of fifteen days from this data, It appea~s to me that the City should O~n this trian~ular piece of land by all ~eans, Tbs traffic at this point is ver~ heavy and iff a building is placed on this lot it would certainly create a hazards Klrdly let me know. by the 10th of February ~hether or not the City is interested in the purchase of this lend and greatly oblige, Very .t~uly yours, (Signed) C, F. KeFauvert ! do not reco~end its purchase, Respectfully submitted, ($i~ned) Arthur H. Owens City Hansser~ H~, Minton moved that Council concur in the recommer~ation of the City Manager ar~l unanimously ado~ted, REPORTSt The Acting City Hanager submitted ~rittsn reports f~om the City Harket~ the Department of Building and Plumbing Inspection and the Electrica~ Depart- ment ~or the month of January, The reports were Filed, WATER DEPART~T.* Hide on on~ sedan delivery truck and three 1/~ ton pick-up'[ trucks for the ~ater Department having been referred to a co~ittea For tabulation and report, the committee submitted a tabulation off the bids, It appearin~ from the tabulation that the bid of Magic City Horst Corporatioln, in the total sum of $5,175.00, is the low bid for the trucks, Mr. Young offered the following Resolution, (~11708) A RESO~ION accepting the propos~ of Magic City Hotor Co~oratlon}~ Roa~ke~ Vlrg~ia, on ~rnishl~ one sed~ delivery truck a~ t~ee 1/2 ton pick-up t~cks to the City of Roanoke ~ater Department, at a tot~ s~ of $5~175.~ net, FOB, Hoa~ke~ Virginia; authoriz~ ~d directing ~e Purchasl~ Agent to purchase the t~cks in accordance with said proposal; a~ providin~ for an emergency. (For flu11 text of Resolution, see ~dinance ~ok No. 19, Page ~60. ) ~. Y~ns moved the adoption of the Re~olution. ~e m~tion was seco~ed by ~. Woody and adopted by the followl~ vote~ A~ Hessrs. Minton, W~d~p, Woody, Young, a~ the President, ~. Webber-5 N~S: No~ ............. O. D~T~ OF PUBLIC ~S: Bids on a ~aintenance Nixe~ hevin~ been ~eferred to a co~ttee ~o~ study a~ ~po~t, e~ the report oF the co~lttee, e~res~l~ the opinion that the contract fo~ ~e ~aintenance ~lxe~ should be avarded to the bidde~ ~eetin~ ~11 specifications, havi~ been t~en u~er advisement until the present meetly, the matte~ ~s ~ain before Couhcll. In this co.action, the City Clerk b~ht ~ ~e attention of ~ouncfl a co~unication f~m the Ce~ Hell ~a~lne~ Co~p~, ~vfsf~ that the co~lttee did not have s~ficient time to see the machine o~ ~e C~y Hall~achinery ~o~pany in operation sitar it ~as serviced a~ ~Justed ~d ssk~ that the body defer any ectl, on the purchase of a ~ainte~nce ~lxe~ until the co. tree can ~tch ~e perFo~, the co~a~ contendl~ that it~ m~hine can ~ does produce the s~e aM quantit~ o~ ~sterf~ls ss the ~chi~ specified by the '9 After a diseusei~n of the matter, l~o Young stating that he is opposed to a bidder changir~ his bid after the-bids have been received~ but that he feels all of the bidders should be given full con~lderation on the basis of bids as originally submitted, he moved that the bids be referred back to the committee for further and report to Council at its next regular meeting. The motion was seconded by Minton and unanimously adopted, YATER DRPARTHENT! The question of extremely high water p~eesure in the Perslr~e~- Road section havir~ been referred to the Yater Department lot- furthe~ ]study and report, the stutter ~as a~aln before Council, the City Clerk and the Engine in Charge of Const~uction of the Water Department rsvieuin~ the history of the reque of residents on Fersin~er Road for more adequate rater service and their subsequent In this connection, Mr. George I. Vo~el~ Attorney, representing H~. Tom W. iFore, 1030 Persir~er Road, 5. ~., to~ether ~ith H~. Ha~ E. Davis~ 1136 Persinse~ ~Rosd~ S. ~,~ appeared before Co~cil ~ insisted that so~thin~ be done to slue the residents on Pe~sl~e~ Road ~elief f~om high vateP preasu~ In ~elr homes ~ter a discussion of the matter, ~. Youn~ moved that action the questio held in abeyance until the next meetln~ ~lth a vie~ of [~attemptl~ ~ ~ork ~t a ~atisfactory solution to the problem a~ that tl~. The [,motion ~as seco~ed by ~. Wsldrop a~ unanlmusly adopted. ZONING: Action on the reco~endation of ~e City Planning Comisslon that :the request fo~ the rezo~ of property at 1911 Memorial Avenue, S W , f rom Speciai /Residence District to Business District, be denied, havin~ been deferred until the i P meetl~ In order th t the City Clerk ml~t have the opportunity to ascerta~ ]~whethev or ~t It l~ ~e desire of ~e property ov~v that a public he~lng be held ]~on the request for ~ezonl~, the matter was aEain before Council~ the City Clerk ,[~be held. On motion ot H~. Young, aeco~ed by ~. ~d~p ~d unanimously a~pted, the City Clerk was inst~cted to publish proper notice of a public hearln~ to b e held at ~OO o'clock, p. m., Hatch 9, 19~3. STATE HIG~AYS: Action on a request f~m the Lea~e of [lrElnte Hunicipalitl~ that the State Co~ission created to study matters ~latl~ to hi.ways be advised ;whethe~ the City of Hoa~ke is interested In appe~ln~ before public heavies to be scheduled by the Co~l~sion havin~ been deferred~ pendi~ receipt of copies of the Resolution creatin~ the Co~lssion f~om the City HanaEe~ the matter was a~ain Council. On motion of ~. %'oody, seco~ed by ~. ~aldrop ~d unanimously ~opted~ the City Clerk was inst~cted to ~tify the State Comission that the City of ~oanoke dot not desire to be ~p~esented at the helios. CONSID~ATION OP C~IHSI None. I~HODU~IO~ A~ CONSOLATION OP O~DI~NCES ~ HE~L~IONS~ AIHPOHT: Ordl~nce No. 11~0~ providl~ fo~ a ~w contract with Associated Aviation U~e~lte~s for the A~line Trip Insurance dispensi~ ~chines at ~e Hoanoke Hunici~al Al~ort, havt~ previously been before Council fo~ its first readil ~ead ~d laid over, was a~ain before the bo~, ~. ~o~y offe~lnE the foll~l~ for ~ts seco~ readinE a~ fin~ ~option= (~1170~) A~ 0RDI~ANCE providing for the operation of Airline Trip Insurance ~lepenslng machines at Roa~ke Hunleip~ Ai~po~t~ (~oo~ F~eld). (Fo~ ~11 text of O~dinance~ see Ordl~ce Book No. 1~, Pa~e ~. ~oo~ ~ved the a~ption of t~ O~in~e, The motion ~as seco~ed by ~. ~aldrop ~ adopted by the follo~i~ A~t Heaars,.Nlnton, Waldrop, ~o~y~ Young, a~ the P~esident, ~, Webber-~ N~S: None ............. AIRP~T: ~e ~tte~ of l~ludi~ a schedule of rates for uae of the paging system a~ the interoffice co~nication syste~ In the new ~thiatration ~llding at the Ro~oke Municipal Airport with the gene~l schedule o~ rates ~ ~arges at the Airport having been refer~d to ~e City Attor~y for preparation off ~e proper 0rdt~ce, the Assistant City Attorney presented s~; ~hereupon, Hr. Minton oFFered the following as ~ emergency measure~ (~11705) AM O~I~N~ to ~e~ a~ reordain Ordnance No. 11661 adopted on the 29th day.off Decembe~ 19~2, establishing a schedule of rates a~ charges and f~xl~ certain policies fo~ the use a~ operation of Ro~oke ~clpal Airport, ~(Wood~m Field), the s~e to ~come effective ~on its passage; a~ provid~ for (For full text of 0rdin~ce, see ~dina~e Book No. 19, Page 261,) ~. HAnton moved the ~option of the Ordin~ce. ~e ~tion was seconded by ~. Woody ~ adopted by the following vote: ~ Messrs. Minton, Wa~rop, Woody, Young, and the President, ~. Webber-5~" ~YS: None .............O. In this co~ection, the Assist~t City Attorn~ bro~ht to the attention Council dr~t of a ~esolution, repe~ln~ a seco~ Resolution establishl~ a schedule of rates for n~t l~tin~ Facilities at the Roanoke ~nicip~ Airport; ~hereupon, Hr. ~'o~y offered the followi~ (~11710) A RESOL~ION repe~lng Resolutl~ No. 7~18 adopted on ~e October, 19~2, establishl~ a sc~dule of rates fo~ ni~t ll~tl~ fac~litles at Roanoke ~n[cip~ Al~ort, (~ood~m Field). (Fo~ full text of Resolution, see ~din~ce ~ok No. 19, Page 263.) ~. Woody moved the adoption of the Resolution. The motion was seconded by ~. Wald~p ~ adopted by the follo~l~ vote: A~: Messrs. Minton, W~drop, Woody, You~, a~ the President, ~. Webber-5, N~S: None ............. ZONING: The City Attorney havXng been requested to prepa~ the prope~ OrdinaYce, rezon~ng p~perty located between Shen~do~ Avenue a~ Salem Turnpike, N. W., In the vicinity oF Fairview Cemetery, designated as 0ff[cial No. 2~0313, from Ge~ral Residence District to Light I~ustrial District, the Assistant City Attorney presented a co~nication, adv~s~g ~at [he City E~lneem Is In the process of prepa~l~ for recordation a proper m~ show~g ~e dedication oF certain la~ flor street purposes and es ab' t lishing building setback lines for the leith oF the a~ve property, a~ that as soon as the map has been properly signed a~ recorded In acco~ance ~ith previous directives of Council, t~ O~ce ~11 be prepared ~d presented to the body ffo~ adoption. ~ . The c~unication was filed, VETI~AR3 H0~-~INO{ The City Attorney havin~ been requested to prepare the proper Resolutioi.~. a~thorizing the collation of the raxir~ of the two Veterans Rousir~ l~roJeet~ the Assistant City Attorney presented sams; whereupon, Hr, Hinton offered the followlr~ C[ll?ll) A RESOLUTION authorisins the City Hana~er to level and grade the. sites of She Cityte former Veterans Emergency Houeir~ Projects, (For full text of Resolution, see Ordinance.Book No, 19, Page H~, Hlnton moved the adoption of the Resolution, The motion was seconded by Hr, Your~ and adopted by the foilowir~ votel A_~F~-* HasSrSo Hlnton, ~Zaldrop~ Woody~ Yours, and ~e President, HI', RAY$~ Nons ................ ~ATER DRPA~TH~NTt The City Attorney havin~ been requested to prepare the proper Resolution, authorizing the City Clerk to notiffy Hr. Clem D. Johnston of the desire of the City of Roanoke to terminate its lease fol. the Bins Rills Spring as of midni~t, April 30, 1~3, the Assistant City Attorney presented sane° A discussion then followed as to the cost of inatalllug certain pumping iiequipment at the spring as provided for in the lease in the event of its termination . also, the question of the special rate provided for in the lease, as co~pared with llths regular rate for water service, Hr. Hinton pointin~ out if the lease is not !~terminated and the Blue Bills site is developed for industrial purposes the city wil have to f~rnish water to the area at the special rate. H~o ~oody replied that in that event the city could still terminate the lease upon sixty dsys~ ~ritten ~otice. The President, Hr. ~ebber, voiced the Fe~ that if the Blue ~ills site developed for industrial ~oses, and, upon temination of ~e lease, Hr. Johnston does not elect to contl~e p~chasing water from the city, another private water system will be created. After a f~ther discussion of the matter with ~. C. E. ~ore, E~l~er Charge of Construction of the Water Dep~tment, ~o was present at ~e meetly, Young moved that action on the O~[n~ce be deferred and that ~. ~ore ascertain the cost o~ what ~. Jo~ston considers the extent of t~ city's obligation to him u~er the p~visions of the lease, ~e ~ount of rental pa~d b~ the city u~er the lease and ~e cost of f~nishi~ city water service to ~. Johnston at a special nat up to ~e .capacity of ~e Blue Hills sprl~, as compared with the amount the city would receive from the Blue Hills site for city water service at re~lar rates In th event the lease Is termi~ted ~d Hr. JohnsOn elects to contl~e p~chasl~ water from ~ c~ty. The motion was seco~ed by ~. Hlnton and un~imously adopted. B~-FI~ D~ART~-STORM DRAIn: ~e CltyAttorney havl~ been requested to prepare the proper Resolution, approvl~ ~e purchase of a used fire truck ~nds allocated for a p~ In the Sewer Haintena~e budget, the Assist~t C~ty Attorney presented s~e; whereupon, ~. Woo~ offered the following: (~11712) A R~0~ION author~zl~ ~e ex~iture of a certain s ~ for traveling e~enses in co~ection ~ the acquisition of a p~p for sewer main~nanm (For full text of Resolution, see Ordl~e Book No. 19, Page H~. Woody moved the adoption of the Resolution. The motion was seconded by H~. Waldrop and adopted by tho followln~ votel AYESI Honers. Hlnton, Waldrop, Woody, Young, and the President, Hi,. Webber-~ NAY-~ -' None ........... O, LXCENSE~t The City Attorney havin~ been requested to prepare the proper measures, providin~ for three methods of selling city tess for the convenience of the publl~, the Assistant City Attorney presented same. H~. Youn8 stated that something has Just come to his' attention ~hich should be etraightened out before the adoption of the measures and moved that action on the matter be deferred until the next re~ula~ meetin~ ~f Council. The motion was seconded by Hi-. Hlnton and unanimously adopted. HOTXONS AND HXSCELLA~OUS ~USINF~SS~ 'DO, St The question of compulsory dog vaccination to eliminate as far as possible the need for quarantines against rabies havl~ been referred to t. he City Han~ger, the City Attorney and the Co~miesioner of Health for study, report and recomme~dation, Hr. Waldrop raised the question as to progress being made on the :matter and asked that the preparation of a prope~ Ordinance ~ speeded up consideration at the ~xt re~l~ meeti~ off Council. TR~IC3 ~. Hlnton brought to the attention off Council the need For a traffFZc sign at Ha~ve~ Avers ~d T~enty*fourth Street, N. ~. On motion of ~. Hlnton, seco~ed by Hr. You~ a~d unanimously ~opted, the ~atter ~as referred to the C[ty Hans~er for stu~ a~ ~port to Council. STA~ H[G~AYS ~HIN CITff LI~S: ~. ~ald~p brought to the attention ~ounctl a co~nication from H~. E. B. E~lem~, ~8~ Neely Avenue, N. ~., that a no,th-south by-pass be e~tablished co~e~ln~ at C~pbell Avenue ~ Seco~ Street, S. E., ~ence south on Seco~ Street u~er the proposed Taze~ell Avenue Brid~e curvfn~ somewhat to the right to First ~treet, S. E., thence south on Street to Elm'Avenue, thence south ~n a straight line t~o~h t~ee exietin~ blocks on JeFfferson Street to Haple Avenue, S. ~., thence In a ~eete~l~ direction on Haple 'Avenue to Franklin Road, a~ thence on F~lin Road to the ~th co~porate limits of ~o~ke, ~. ~sldrop movin~ ~at the co~cation be reFer~d to the City ~omlssion fo~ s t~dy, report a~ reco~endatfon to Council. ~e ~tion ~as seco~ed ~y ~. ~oody and un~l~uely ~opted. H~ D~T~ ~. ~ald~p b~uFht to the a2tentton off Council the ]nsanita~ co~ition oF the area ~on~ ~th Avenue, Templeton Avenue a~ East Gate Avenue, N. E,, tn the v[cint~ of ~[rteenth Street, ~ ~ved that the matter be ~dreferred to the Cl~ Hanager for investigation. ~e motion was seco~ed by B~-CI~CUIT C~HT: ~. Woody brought ~' the attention of Council the matt~ ~f appropriating ~e city's sha~e of additional e~enses for the operation of the ~lrcu[t Court. ~ter a discussion as to the ~o~t of the city's fair share cf the additio~ ~xpenses, ~. Woody moved ~at the matter be referred to the City Attorney for ,reparation of the prgper Ordin~ce. The motion was seco~ed by ~. Hlnton and manimously adopted. ~ere bei~ no ~rther business, Council adJour~d. A~PROVED COUNCIL~ REGULAR ~-ETINO~ Honday~ February 16, ~953. The Council of the City of Roanoke met in re~ar meeting in the Circuit' ¢ou~t Room in the Hunicipal Building, Honday, February 16, 1953, at 2~00 o%lock, p. m., the regular meeting hour, wlth the President, Hr. Webber, presiding. I~tESEFT: Kssers. Nlnt~n, Waldrop, Woody, Young, and the President, Hr. Nebber .................. [ .... ABSENT! None ........ O. 0FFICF~$ PR~E~ Mr. Arthur S. Owens, City Hanager, Hr. Randolph G. h%lttl City Attorney, and Hr. Harry H. Yates~ City Auditor. The meeting was opened with a prayer by the Reverend C. W. ~ragg, Jr., Assistant Pastor of Greene Hemorial Hethodist Church. HINUTES~ Copy of the minutes of the regular meeting held on Monday, February ..2, 1953, having been furnished each member of Council, upc~motion Of Hr. Hlnton, iseconded by Hro Young a~d unanimously adopted, the Was with and dispensed it the minutes approved as recorded. HFARING OF CITIZENS UP0~ PUBLIC HATTERS: ZONING~ The public hearing on the question of rezoning f~om Special Besidenc District to Business District ~ certain rectangular parcel of land situated on the northwest corner of Fra~lin Road an~ Janette Avenue, 5. W., 'fronting 225 feet on Franklin Boa~ and 125 feet on Janette Avenue, being a part of the tract of land desi~nated as Official No. 1031106, having been continued until the present meeting, the matter ~as again before Council. In this connection, the City Clerk presented the following communication i!from the City Planning Commission: ~January 30, 1953. The Honorable Ho L. Webber, Hayor, and Hembers of City Council, Roanoke, Virginia. ~entlemen: In reply to your letter of January 23, 1953, re£errlng to the City Planning Comuission for study, report and recommendation, a petition signed by R. T. Edwards, Attorney, representing Lucian D. and Louisa T. Booth and Hayes, Seay, Hattern & Nattern, asking that a parcel of land situated on the northwest corner of Franklin Hoad and Janette Avenue, So W., fronting feet on Franklin Road and 125 feet on Janette Avenue, beirk~ a part of 0ffici Lot No. 1031106, be rezoned from a ~pecial Residence D~trict to a Busiress Dlstrlct~ The Cormuission has discussed this request with the attorney for the petitioners, as well as the attorney for several property owners who, it is understood, have signed a petition of objection. Consideration has been given to the location of the property in questto its suitability for residential and business purposes, and the effect the rezon~ng of said property will have on the value of existing properties !n the immediate neighborhood. Attention is called to item No° 9 in th~ petitioners~ request, as follo~s~ ~Your applicants further state that they intend to use this propert immediately for the purposes stated herein, and only-for that purpose, and if their plans change they will so notify the Council of the City of Roanoke, so that such further action may be taken as Council may desireo~ The Commission is of the opinion that the property in question is suitable for construction thereon of a professional bulldin~ to be used ~sol~ for the requirements of the architectural and engineering firm of Hayes~ Sea~ Hattern & Hattern, particularly in view of the fact that it is proposed to set the building back twenty feet from the front line of the property and to/ provide for o~f-street parking for the firm's employees and clients. Further, that the use of the proposed building, although classified aa a business use, viii be somewhat similar to exieting ard proposed uses in . the nel~hbor~od~ such aa the hospi~ ph~alcians~ o~lces~ clinics~ ~ t~ no unusual noises o~ distu~bancea ~lll be c~ated ~lch viii obJectio~ble to property o~e~a o~ lessees In ~e i~ediate vicinity, . Purthe~ ~at t~ nat~e of the p~posed bulldi~ is such that its use ~ould ~t c~eate an appreciable amount o~ t~fic ~re ~e volu~e of t~aFf[c is already ~reat~ a~ that said bulldin~ sill act aa a tbuffe~ beteeen an existln~ business use and residential structures. ~e Co~asion, ~e~fo~e~ is off the opinion t~at the proposed use . said property rill ~t add to the depreciation of ~sidential p~operties in the nsl~borhood~ that the style of architecture rill improve the app~ra~e of ~e l~diate vicinity~ and that the location of the building ltselff~ ~lth a tventy-Foot setback~ ~11 provide g~eate~ protective ~easures ~th ffo~ the adjoining p~operty o~ers and the public at lsr~e thanthe rezonl~ o~ a~d property fo~ general business uses ~lch are permitted Buslmss District, ~e City Planing Co~lssion rec~ends to City Cou~ll that ~e reque of the petitioners that s~d property be rezoned ~ a Business Dlstuict for the puupose of const~ctinF thereon a profe~slo~l bulldl~ be Fusnted, Respectfully su~i tted~ (~i~d) ~. J. ~Co~kl~ale, J~. AppoaPln~ In favor of the rezonin~ ~as Hr. B. T. Ed~ds, Attorneys representing ~e p~titionePs, ~. ~ds urgln~ that the property be rezoned as requested and statl~ ht~ reasons therefor. Appearing in opposition to the Pezoning, ~s ~. Elchard P. Pence~ Attorney,~! ~o presented peri[tons ~i~ned ~ approximately seventy residents and p~perty o~er~ In the l~ediate vicinity, askln~ that the request fop Pezoning be denied. ~r. Pence pointed out that tf the property in question l~ rezoned busings purposes, Council ~lll have no contel over the type of ~stness to be plac;d ~er~n~ and that ~thou~h he does not doubt the intentions of ~e p~esent petitione~ It 1~ possible that i~ and ~en the pPopeP~ pa~ses ~o~ their ha~s the ne~ o~Ps rill ~ant to use the property rep other bust~ ~s purposes ~lch ~lll be ob~ectionabl~ to a residential neighborhood, Mr. Pence sta%In~ furt~r that the rezo~ o~ ~e above property for business pur~ses will be an opening wedge ~or the rezonlng sddit[onal property In the ~ea, that ~t will be spot zoning a~ that It 'will keep the surr~t~ property owners from belng able to sell thel~ p~perty for residential In conclusion ~ Pe e a the in Also ~peari~ In opposition to the p~posed rezon~ng, was Dr. W. F. Colllns~ At this point, the CXty Clerk b~ught to ~e attention of Council a co~unlc~- ~tion f~m Mr. John H. Pence, Jr., representl~ his mot~r, owner of property at ~Fra~l[n Road,' S. W., objecting to the proposed rezoning. With further refere~e to ~e ~tter, Col. L. D, ~oth, o~er of the entire .tmact of la~ designated as Official No. 1031106, stated that he would not be selll~ always be used for the purpose requested, that he does not wish ~ have any portion o~ his property rezoned tftbe sur~unding property o~ers object, But that he does ~ feel the pro~sed use will harm the nelghbo~ood, Col. Booth conclud~ that In his opinion this proposed ~ildi~ will be an ~provement to the area. Mr. Woody moved that the req~st for rezoni~ be t~en u~er advisement untll the PETITIONS AND CO~/UNICATIONSt ZONINO~ A communication from the Young Womenec Ch~letien Assoclation~ that property located on the no~ side of OllmeP Avenue~ N. E.v ~est of ~eco~ Street, described as ~t ]~, Block 1~ Officl~ 8~vey ~ 1~ Official No. be rezoned f~m Oe~ral Res~deaceD[strict to Busl~ss District, ~aa before Council. On motion o~ ~. Y~u~, seco~ed by ~. ~aldrop and un. irately adopted. request ffo~ rezonin~ ~o refaced to the City Pla~ln~ Co~ission for st~dy~ report a~ reco~endatlon to F~E FR~E~IO~-SO~HE~ CIVIC L~G~ A co~nication ~ the Southeast Civic Lea~e, askl~ that additional f~re by.ant8 be installed In the area between ~lse Avenue a~ Ta~e~ell Avenue, S. E., F ~om Thirteenth St~et to El~teenth Street was before Council. On motion of ~. Waldrop, ~eco~ed by ~. ~o~y a~ unanimously adopted, co~unication ~as referred to the City ~lanage~ ~o~ ~tndy. ~epo~t a~d ~co~endation to Council. TH~PIC~ Council havl~ u~er date of June 1~ 1~5~, adopted an Ordinance au~orl~[n~ paraplegic a~ a~tee ~o~ld ~ar II vete~s to park ~ree at any t any packing space fo~ perils of time ~t to exceed thee consecutive In hours, a co~nl~ation f~m ~. Ivvin L. Hanni~, Chairm~ of the PavkinE Com~lttee~ H. H. MacKenzie Chapte~ ~3. Disabled ~erican Veteran, ~visl~ that the principal problem remai~ unsolved for tho~e veterans ~o ~e employed In the downtown Hoa~;~ area, In that they fl~ it Impossible to leave work at the termination of the specified free time ~ repack thel~ ca~s o~ to make the required coin deposits~ ~d as~ that Council conside~ ~ncreasinF to eight hours the uninterrupted parkin~ foe pa~apleEic and m~putee Wo~ld ~a~ II veterans~ was before the bod~. On motion of ~. Minton, seco~ed by ~. You~ a~ unanimously adopted, the com~untcation wa~ referred to the City Hanacer for study, report and reco~mendatlon LI~-~ATE HI6~AYS ~ITHIN C~Y LIHITS~ ~he follo~in~ com~nicatlon ~. H. 6. ~lbert~on. ~ithveference to v~lou~ meth~s of sellin~ city tags. ~ ~e~lation~ concevnl~ the tr~po~tation of explo~lve~ a~ the absence of such re~lations for t~cks ha~lin~ ~a~oline, ~s before Council: ~Hoanoke, 6entlemen of City Co~cil: It Is ~st ~atifyi~ to see a spirit of cooperation no~existint between the Council, Comi~sio~r off Have.ua, the City TPeasure~ a~ the Division of Hotor ~ehicles In t~t they all ave ~ost coope~ative In ~rkl~ ~lth you ~entle~en in tryln~ to ~e It possible fo~ the ~torists of thi~ City, by ~rovidlng a mo~e convenient ~ay of ~ettin~ Ct~ auto ta~s. The Co~lssi~ne~ ~d the Treasurer ~e especially to be co.ended for allo~ln~ such employes off their respective offices as necessary to ha~le these ~rk at a place other th~ ~el~ re.lay place of ~o~k. ~e Division 0f Hotor Vehicle~ ~hould ~o be ta~ed For allo~i~ these employes of ~e to ~ork at thei~ place ~lthout cheese. The difference of .13 ~er tag that ~ss ~enevally understood ~ould be the fee~ the D~ to dtstrl~te City ta~s a~ the .]~ that they actually charge for this service~ probably ~tems from the Fact that the D~ contract ~lth various i~lvldual~ ~rou~out ~e 5tare at the .~5 cent rate fo~ the distribution off State ta~s. I a~ sure that I ~peak fop a ~veat nu~e~ of citizens ~hen I say that the ~voposed ~etup fo~ the dl~trlbution of City ta~s ~ets ~th approv~. You ~en21emen probably are a~e of the Fact that fo~ ne~ regulations concev~ng ~e tva~portation of e~losives ha~ recently been a~ounced by the State Corporation Co~l~sion, effective ~ch 15, let, That t~e vord tezplosivce~ must appea~ in ~ed letters ~ inches high on both sSdes a~ the ~es~ o~ the t~uck, ~. ~t t~o fire extin~i~e~s approved by the ~a~lonal ~ard of Plre u~e~lters are eequl~ed ~o~ each t~ck. ~. ~at ~e ~olice deponent o~ ea~ City t~t these t~ucks pas~ th~ ~ autM~ize the ~ve~nt of these t=ucks ~ru their respective cities. ~th, That all d~lvers must be at least 2~ year~ of ~e._ It Is the thl~ ~e~latl~n that I believe concerns us (our City) the ~st, I ~lsh to especially c~l that ~ you~ attention so ~at the police depav~ent ~y act accordl~ly a~ see ~at explosives are hailed properly ~hlle paaal~ t~u the City, It Is ~ unde~st~d~ t~t t~cks handlinE ~asoline do not come any ct these ve~lations, ho~eve~, I believe that s~e of the dealers In . the 61ty are ~re o~ less careless ~hlle zasoline Is heine tra~feered the t~k t~ck to thel~ ta~s. Only recently I ~ticed this operation bel~ done ~hlle several people ~ere standl~ ve~ neap smoking, It seems to that la ~e unloadin~ of Easoline fro~ ta~ trucks to fflllinF ~tatim that the nece~s~y ~pece fo~ the ta~ truck be ~d off~ a~ that per~ons ~t con~ction with this operation be cautio~d to ~tay a safe distance from this operation. To ~ ~o~led~e, no one ha~ been lnJ~ed as a result of the above named operatio~, but as all of you know, IT CO~D HAPPEN If p~pev precautions are not taken. (Signed) H. G. Culbertson.e On notion of Hr. Waldrop, seconded by ~. Woody ~d unanimously adopted, the co~unication was referred to the City Hanager for study as to the last two items. HOUSINg-~TH DEP~T~NT: A co~nicatlon froa ~. ~. ~. Bro.'n, accepting his reappoint~nt as a member of the Boa~ of Housl~ and Hygiene for the City of Hoanoke, Virginia, was before Council. ~e co~unicatlon was filed. LIBRA~: A co~munication from ~s. F~i~ D. Paine, tapering her resignation[[ as a member of the Hoanoke City Public Llbr~y Board, was before Council. Hr. Young moved that t~ resignation be accepted, with regret. The motion wa~ seconded by ~. ~'oody and un~laously adopted. B~-LIPRA~: The following co~unlcatlon ~m ~e President of ~e City Public Library ~ard, ~th reference to the use of State Aid ~nds to increase certain Ite~ In the Library budget, was before Council~ ~February 7, 1953 The Honorable Hayor a~ Hembers of Council Hoa~ke, Virginia Gentlemen~ The position of Circulation Librarian has been vacant since October of last ye~. ~e budgeted salary is $2,820 per year. No person with suitable . training or capabilities has applied, ~r have we been able to interest anyo~ at the budgeted sal~y. We have contacted a n~ber of Library Traini~ Schools~ the ~lrglnia State Libra, and dozens of Librarians In the Southern United States. We ~e advised that there i~ no hope of gettl~ an adequate person at ~e stated sal~y a~ our experience pro.ts us to believe this Is This year for the first time ~7~ of State Aid ~s Is available to the Hoanoke ~ublic L!br~y to apply on salaries of Llbr~l~s holdl~ professional certificates. Therefore, In view of the situation outlined above~ ~ seek ~our ~rov~ to increase the Circulation Librarian's sals~ f~m ~2,820 to ~3,320 with $500 of State Fu~s. At this fibre we have several Hood prospects. ~so, since ~s. Virginia Y. Lee, Librarian of the Gainsboro Brach Llbr~y~ has served Roanoke In a ~st efficient a~ energetic man. r, we propose that the remaini~ ~200 available State ~s be applied on her present sala~ of t2,7~, makl~ It ~2,900 per ye~. Hrs. Lee is ~11y trained, holds a Llbrarl~'s certificate a~ hasserved Roanoke well In her present position for 1~ years. In addition to the ~700 State Funds w~ch can apply to sallies, the Ro~oke Llbr~y Is eligible to ~Ceive an additional $193.~ before the e~iration of the State's fiscal ye~, Ju~ 30, 1~53. We therefore request per~sslon to apply ~is ~ount to ~e Llbra~s ~13,~O book budget the total $13,193.~. 18 State warrants coverirF the salary ~ount and approved book. ~dere will be deposited with the Hoenoke City Treasurer as soon aa the proper papers are filed and the ~rdera are cleared. Sincerely, (Signed) C. D. Hurt C. D. Hurt~ President Hoanoke Public LiBrary Boarde On motion of ~ro Young, seconded by ~ro Woody and unanim~usly ad~pted~ the communication was referred to the City Manager and the City Auditor for study, report and recommendation to Council. REPORTS OF O~PICERS: WATER DEPARTHENT: A communication from F~. Moss A. Plunkstt, Attorney, representir~ L. D. Conner and Julius A. Oliver; offering to donate land for a road ~n the vicinity of the road from Pennett Springs to the property of the City of Roanoke Water Department, having been referred to the City Manager for study, report and reco~endation, he submitted the following, report: "Roanoke, Virginia February 16, 1953 To The City Council Roanoke, Virginia Gentlemen: You referred to this office a report f~om I~. Moss Plunkett, delivered to you on February 2, 1953, concerning the public road to Carvins Cove Recreational Area by w~y of Bennett Springs and State Highway No. 601. It is my recommendation that webs authorized to make a survey of the proposed road and bring it back to Council. Subsequently, you gentlemen, if you feel the new road would be advantageous to the City, could forwar~ the survey with appropriate recommendations to the State Department of Highways and the Board of Supervisors of Botetourt'County. If the road could be completed, it would remove two curves and cut the distance by a considerable number of lineal feet. If you gentlemen wlll'authorize that a survey be made, I in turn will have it accomplished and will subsequently report back to you with the maps and information for your action. Respectfully submitted, ~Slgned) Arthur S. Owens City Manager" ii After a discussion of the matter, M~. Minton moved that the question be !referred back to the City Manager for an estimate of the cost of the survey. The i!motion was seconded by Mr. Young and unanimously adopted. STREET LIGHTS: The City Manager submitted ~ltten report with the recom~enda~ tion that street lights be installed at the locations set forth in the report, including a better lighting system on Albemarle Avenue as previously requested. Mr. Minton moved that Council concur in t~e recommendation of the City Manager and offered the following Resolution: (#11713} A ~ESOLUTION authorizing the installation of street lights at varlo~s locations in the City of Roanoke. (For full text of Resolution, see Ordinance Book No. 19, Page 265.) Mr. Minton moved the adoption of the Resolution. The motion was seconded by Mr. Waldrop and adopted by the following vote: AI~: ~essrs. Minton, Waldrop, Woody, Young, and the President, Mr. Webber-5. NAYS: None ............ O. AIRPORT: The City Manager submitted the following report, with reference to ~he rental of office space in the lobby of the new Terminal ~ullding at the Roanoke ~unictpal Airport to Mr. L. H. Rohon: 'Roanoke, Virginia February 16, 1953 To The City Council Roanoke, Virginia Gentlemen: The following letter From Mr. Marshall L. Harris, Manager o~the Airport is concurred in by me{ and I recommend that a contract be drawn between the City and Bohon Aviation Service for not less than 40 nor more than 56 square feet of space at the rate of $~.OO per square foot{ ~C I ?Y OF ROANOKE lnterdepartment Communication DATE: February 10. 1953 TO: A.S. Owens, City Manager PROM: M. L. Harris, Airport Manager We have a request from M~. L. N. Bohon, the operator of Bohon Aviation Service, for office space in the lobby of the new terr~lnal building. He prefers a portion of the long lobby counter now occupied by the City Please advise what action is necessary in order to establish a general rate for renters of lobby space (lobby proper tentatively agreed upon by you and myself to rent For $~.OO per sq. Ft. per annum). I will appreciate an early reply in order to provide extra revenue. Signed: Rarris~ Respectfully submitted, (Signed) Arthur S. O~ens City Manager" It appearing that the space can only be rented on an annual basis by lease, in each individual instance, Mx. Waldrop moved that Council concur in the recommends, tion of the City Manager and that the matter be referred to the City Attorney for preparation of the proper Ordinance. The motion was seconded bi Mr. Minton and unanimously adopted. ACADE~ OF MUSIC: The City Manager brought to the attention of Council draft o£ a Resolution prepared by the office o~ the City Attorney, authorizing and directtl the City Manse, er, For and on behalf o£ the City of Roanoke, to enter into an agreemel in ~riting with R. T. WlnecoFf, et al., extending the time heretofore provided for the razing of the Academy of Music Building, the City Manager asking that the Resolution be adopted. AFter a discussion of the matter, Messrs. Waldrop and Woody questioning the slowness with which the razing of the building is proceeding, and M~. Waldrop stati~ that he will vote For extending the time for six months, but not any more than that, Mr. Young offered the Followin~-Resolution: (#117lb) A RESOLUTION authorizing and directing the City Manager, for and on behalf of the City of Roanoke, to enter into an agreement in writin~with R. WlnecoFF, et al., extending the time heretofore provided For the razing of the Academy of Music Building; and providing For an emergency. (For Full text of Resolution, see Ordinance Book No. 19, Page Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. koody and adopted by the following vote: AYES: Messrs. Minton, Waldrop, Woody, Young, and the President, Mr. Webber-5, NAYS: None ........... O. BUILD!NO CODE: The proposed Official Building Code of the City of Roanoke havin~ been referred back to the Building Code Co~ittee for Furthem study, report and recommendation to Council, the comittee in its etudy to g~Ye full consideration to the co~ente and eug6estion~ which were made at a specia~ meetin~ of the bod~ on ~epte~er 19, 19~2, the City Hana~eu mu~i~ted ~ltten repout~ together ~ith recovered cha~em to the pro~med Bulldl~ Code as su~ltted by ~e ~lldl~ Code Committee, the co~ttee expressi~ the belieff that the ~eco~ended changes t~e of t~ objections made at the speci~meetins of Council In a fair a~ reasonab ~, You~oved that a public hea~lnS on the reco~ended chan~es be held at 8{~ o~clock, p. ~., ~'huusday, Hauch 19, 19~], and t~ In the meantime copies the proposed changes be ~de available to interested parties For study. The motion meco~ed by Hr. Hinton ~d unanimously adopted. R~ORTSI The City Hanageu sub~tted ~ltte~ repo~t~ ~ the Depar~ent Air.Pollution Control, the Department of ~arks and Recreation, the ~nicipal Airport a~ the Furchasin~ Department Fo~ ~e month of January~ 19~; also, a report From the Police Department For the month of Dece~eu, 1~. The reports ~ere Filed. 20NINO: Hr. Prank ~. Bea~havin8 been requested to obtain all of the ~cessary sX~natures from the remaining property o~e~s before action is taken by Council on his request that the City of Roa~ke give its ~nsent to the releasing certain restrictions on lots In the Be~Map located on ~e west side of Wlll~amson~ J~Road, N. W., south of Hershberger Road, ~e Assistant City Attorney presented the co~unicat~on: "Februa~ 1~, 1953 To the Council of the City of Roa~ke. Gentlemen: At a recent meeting of City Council you considered the request of Fr~k W. Be~ a~ Rhoda C. Bea~, husba~ a~ wife, to have the City releese certain ~lldi~ restrict~ons applicable to Lots 1, 2 and ~, as sho~on the Map of the Subdivision of the Property of Frank M. Be~ a~ Bhoda C. Bea~ of record In the Clerk's OFfice off the Circuit Cour~ of Roanoke County, ~irgl~a, In Plat Rook 2, p~e 185, the City be~ requested to release restrictions No. 2 a~ ~ of said map, as the o~er oC ~ 18 of the division. At the s~e meeting of Council It was represented that all lot owner~ ~th~n the Subdivision h~d already agreed to the release of said re~trlct~o~ except the ow~r of said Lot 18 (the City), the o~ers of (the Air Lee Ca~t Baptist Church) ~ the owners of ~t 3, ~ose consent Please be advised that s~nce ~e foyer meeting of Council the proceedings have been t~en to au~orl~e the Trustees of the Air Lee Court Baptist Church, owners of ~t 5, to execute a de~d of release as to said restrictions and a properly executed deed of release From the Trustees of said Church has been exhibited to the ~iter. The resultl~ situation Is that all of the ow~rs of lands within the Subdivision above-men21oned ~ose release of the map restc~ctio~ migh~ be ~cess~y, excepting only the City of Roanoke, have executed p~oper deeds of releese and [~ would seem to this office ~hat the City's release of restrictions No. 2 and ~ as ~own on the map ~d as applicable to ~ts and ~ thereof, ~uld now be In o~er IF the s~e la agreeable with City Ve~ t~ly you~, (Signed) J. N. Eincanon Assistant City Attorney." On motion of ~. Woody, seconded by Hr. Wallop a~ un~lmously adopted, the matter was referred to the City Attorney Fom prep~ation of ~e proper measure. ~PORTS OF D~S: The question of compulso~ dog vaccination to eliminate as Far as the need ~o~ quarantines against rabies havl~ ~en r eFer~d to a co~tte~ study, report and reco~ation, the co~Xttee su~[tted the followl~ report: "February 1~, 19~3 TOt . i ROA~OEE CITer COUNCIL FROM~ Antirabies Con~lttee SU~JECT~ Report of Antlrabien Co~lttee co~oned of Hr, Arthu~ ~. ~e~, ~a~olph G, ~lttle, a~ D~. J. N. ~dley Affte~ a conside~able study of ~e ~b~ect ~d l~ consideration of da~ers as~ociated ~lth unvaccinated do~s in the Clt~, me~er~ of the Co~ittee had conferences ~ith representatives of the Virsinia State Heal~ Depautment~ the Fublic Health Service, ~ health officers of Rlc~ a~ Norfolk ~here do~ vaccination oudina~es have been adop~d In the past two ~eaus and have been ope~atl~ successfully, In vie~ of the ste~dy'i~ease In rabid doss in Roanoke a~ the ~uruou~l~ counties duri~ ~e past t~o ~ea~s a~ In view of the d~e~ resulti~ to children a~ adults In the City ~t o~ from the bites of rabid dogs but F~m the desree of ~lsk of reactions From the preventive treatment of these patients required, this.Co~lttee recovers that ~ co~pulsou~ antiuabies do8 vaccination o~lnance.be adopted ~lthout delay by the City Council. Affteu a revie~ of several ~uch o~tna~es In other cities, ~e ueco~ that an oudi~ce substantiall~ the same as Richmond,s be adopted. BrieFl~ this ordinance ~quires that all dogs be vaccinated an~all~, either by a puivat~ veterinarian ou at one of the several do8 inoculation clinics set up by the Health Department to operate eveu~ day In a diCFeuent ~ea of the City one ~eek during the year, These clinics are held at playgrounds a~ p~ks, The voterinaDlans do the vacc2nations at ~ .~0 a doG, and cost of the serum clerical help ~ns the total cost to ~puoxlmatel~ ~1.~0 per dog. desiutn6 to have their do~s vaccinated by veteu2~rians at private clinics instead of City clinics ~y do (Sisned) Arthu~ S. (Sl~ed) Ran G, ~[ttle In ~l~ connect[on, H~. G, EPic ~ache~s~ o~e~ of sevePal purebred ~ho~ do~ appeared b~Fore Cou~cil ~nd objected to the l~lu~lon oC ~uch do~ ~hlch are kept pe~ed up by thel~ o~ne~s In ~e proposed ~dina~e, ~. Sachets concedl~ that dog~ ~hich a~e permitted to run at la~e should be lncluded In the O~lnance and 'conclud[~ that In his opinion ~ one should be allo~ed to o~n a do~ ~ho cannot keep the animal undeP control. After a further discussion of t he matter, Hr. Waldrop moved that the questfofi be referred to the City Attorney for preparation of the proper Ord~n~ce In acco~ance with [he report of the committee, to be su~ltted to Council for action at its regular ~eting on M~rch 2, 19~3, a~ that ~n the meantime copies of ~e proposed O~lnance be made available to the members of Council and interested p~ties for study. ~e motion was seco~ed by Mr. Minton a~ un~Imously a~pted. WATER DEP~: B~ds on the const~ction of ~e co.fete foundatlons and appurtena~e~ for the Wash[~ton Heights elevated t~ a~ the Or~ln Court sta~- p~pe, designated as Contract H of the Water Department, havl~been referred to a co~ittee for tabulation a~ report, the ~o~ittee submitted the follo~ report: "Feb~ary 10, 1953 Roanoke City Co~c~l Roa~ke, Wlrglnia Gentlemen: Your co~[ttee to tabulate a~ report on the bids presented to you on Mo~ay, Februarygth, at a ~lar session for Contract H, submits the following= L~p sum bids for the two items--Washington Hei~ts Elevated Ta~ a~ the Grandin Court Sta~pipe--were submitted by five contractors. As requested, for comparative purposes, each bidder set out his unit prices used. All bidders reported their state contractor's license n~bers; however, two did not reco~ It on the envelope but did record It In the space provided In ~e formal papers. Each bid had attached there~ the proper bid ~nd or certified check. Bids were received from the : '2'2 D. E. Worley, Bock7 Mount H12,500.00 N. S. Hudgins, Roano~ . 9,988.00 McDowall& Wood, Salem Wiley R, Jackson, Roanoke . Unit prices recorded by D, So Worley co-pare'favorably with the othe~ bidders except for the item of concrete in placer pep ya~d~ thus accountln~ for the differe~ce in bids, Attached hereto is a complete tabulation the bids as received, Sx~mination of the City's files discloses that D, E, Worley has been successful bidder in certain street and sewe~ wc~k dlich ho carried out in a very satisfactory Your committee, therefore, reco~erds awardinZ the bid to D, E, Worley off ~ocky ~ount, Virginia, in the sum of Respectfully submitted, (51gned~ Charlea E, ~oore (Signed) Jno. L. Wentworth (Signed) J. Robert Thomas~ It appearing that tho bid of D. S. Worley, In the total sum of ~9,988,00~ ~e the low bid for the project, Mr. Young offered the following Resolution~ (#11715) A RFSOLI~IOR acceptin6 the proposal of D. E. Worley, Rocky Mount, iirginia, on the construction of the concrete foundations and appurtenances for the ~a=hlngton Heights elevated tank and the Orandin Court standpipe, designated as Contract H of the Water Department, in the total sum of ~9,988.001 authorizing and directing the City Hanegar to execute the requisite contractl and providin~ far an (For full text of Resolution, see Ordlnanc~ Book No. 19, Page P67.) Mr. Young moved the adoption of the Resolutlou. The motion was seconded by gr. Woody and adopted by the followinE vote: AYES: Messrs. Minton, Waldrop, Woody, Young, and the President, Mr. Webber- RAYS: None ............ O. UhTINISHED FOSINESS: TNI~P-IC: Action on the proposed traffic signal program for 1953, as submitted by the City Manager, having been defe~ed, the matter was again before Council. H~. Woody moved that Council concur in the pro.am as su~xiitted. The motion was seconded by H~. Youn~ and nnanizously adoptedl WATER DEPARTMENT: Action on a proposed amendment to ~ule 27 of the Rules and ReEulations of the Wat~rDepartment, relating to water p~eseure, havlnE been deferred until the present meeting, the matter was again before Council. ~. Young moved that the matter be taken under advisement and that Council hold an informal session at 8:00 o'clock, p. m., February 19, 1953, to consider the uestion. The motion was seconded by M~. :Woody and unanimously adopted. WATER DEPARTMENT: Action on the question of extremely hi[ah water pressure in he Persinge~ Road section havfngbeen held in abeyance until the present meeting, ;lth a view of attemptlr~ to work out a satisfaotor~ solution to the problem, the matte~ was again before Council. MY. "oody stated that he does not see how the city could Justify such a 9xpendtture of funds to solve the problem and ~oved that the request of Mr. George [. Vocal, Attorney, that somethinC be done by the city to relieve the situation be ienled. The motion was seconded by ~. Youn~ and adopted by the follow!n~ vote: AYES: Messrs. Waldrop, Woody, You~, and the President, }ir. Webber ...... NAYS: M~. Minton ............ 1. DEPARTMENT OF ~U~LIC WORKS: Bids on a Maintenance Mixer havin~ been referred 3ack to a cor~littee for further study and report at the present meeting, the matter a~ain before Council. l~e City ~anaSer advised Council that the cc~tittee is still studying the )ids and will t~y to report on the matter not later than the regular meetin~ of the EU3E~{ Council hsvir~ previously received a com~unication from Hi-. Y, H, (anager of the Safety Motor Transit Corporation, advisinE that representatives of th{ toanoke Railway ar~l Electric Company and the Eatery Motor Transit Corporation muld like to discuss with a cou~lttee From the body certain matters relating to the )peration of the t~o companies, lncludin8 the present Fare structure, and the matter ~aving been referred to the Hayer, the Vice-Mayor and the City Hanager to ascertain ~hematters that the transportation companies want to discuss, ac that the proper cou~lttee can be appointed, the question wac again before Council. In this connection, the President, HUe Webber, presented the Following "February 1~, 1953 Eon. ~oy ~. Webber Mayor, City of Roanoke Roanoke, Virginia Dear Hr. Webberz This is supplementary tom, letter of the fourth instant addressed to Mr. Haston Hoorman, Clerk of Council, respecting principally the fare structure of Hoanoke Railway & Electric Company and Safety Motor Transit Corporation. for the year 195~ and .appropriate com~arisons have been made with the In 1952 regular operations of both companies resulted in a combined loss~ fact that approximately 30% of the ~ses had been fully depreciated and set up and taken by the companies. possible. Although costs generally have been higher in 1952 than in 1951, actual operating costs to the co~oanles ~n 1952 were less than in 1951. Despite very strict economies, the revenues of the companies have been less than the expenses. I, and others with the Companies, have given much thought to this matter and it is apparent to us that if we stay in business, the revenues of the companies must be increased. It is our considered Judgment that the co~panids should be permitted to establish two fare zones. ~e propose that the fares in the first zone remain unchar~ed at 10~ cash or a weekly pass at ~1.50 and in the secor~ zone an additlonal fare of ~should be charged. It ia our thtnking~ that the ~irst zone should start from the center of the city and go the line. The proposed new fare structure would not affect some of.the short lines. It seems more equitable and Fair that passengers goin~ the longer distances should bear any increase rather than passengers going only a short distance. Therefore, I request City Council for authority to change the fare structure in paragraph 5 of the contract dated August 1, 1951, between the · Yours very truly, (Signed) W.'H. Horn With further reference to the matter, the City Clerk brought to the attentio~ of ouncil several com~unicatlons, objecting to any increase in bus fares and insisting should be improved. In a further discussion of the matter, Hr. Minton stated that he is not but that he does not intend to vote for any increase in fares for bus lines within the city limits, Hr. Minton contending that since the loss in operations is coming from lines outside the city limits the transportation ~ompanies ~hould .apply to the city limits. The ~tte~ hevir~becn discussed at lan~th~ k~o Your~moved that the City Attorney prepare a Reeolution~ providin~ for the appoint~ent of a committee by tho Hayer to negotiate with tho Boanoke Railway and Electric Co~pany and the ~aFety ~to~ Tra~lt Co~oration as requeated~ ~p~esent s~to Councll'fo~ adoption at its next re~a~ m~tl~, ~e ~tion ~as seconded by ~,~oody and unanimously adopted, CO~ID~ATION OP CL~I~ None, I~RODU~ION A~ COnSOlATION ~ O~I~A~CES A~ RE~OL~IONS~ ~.TS ~ ~: ~e CityAttorney having been requested to prepare the p~pe~ Ordinance~ vacating, discontl~inF a~ closl~ a l~-ffoot alley ~nning and e~th fo~ a distance of ~ fee~ betveen Lots ~ ~ ~ and 7, ~e~la~ Hap~ the ~esterly portion oF~te 1~ ~, ~ ~d ~, Block 3~ ~lllia~ Cla~to~ Hap~ slso~ a portion of a l~-foot alley adJoinin~ the ~rth side of the above propert~ a~ runnin~ east a~ west, f~ the east side of Lot ~, Newland Hap~ to the east side of the western fifty feet of Lot h, Block 3. ~llll~laytor Hap, said alley and portion alley bei~ located In the block ~u~ed on the north by Hemorial Avenue, on the [least by De'latch Avers, on the south by Westover Avenue ~ on the west by Wlnborn Street, In the Southwest section of the City of ~oanoke, he presented an Ordinance prepared ~ ~. H. H. ~omaw~ Attorney, ~ approved by the Assistant City Attorney.~ The City ~anager voicl~ ~e opinion that the city will never have need for an ease~nt t~ough the alley and portion of ~ley, Hr. Minton moved that the follow~ ing 0rdin~ce be placed upon Its first re.lng. Tbs motl~ was seconded ~ Young a~ adopted by the followl~votel A~S~ Hessrs. Hlnton, Wald~p, Woody, Young, ~ the President, ~. Webber- NAYS: ~Io~ .............. 0. (~11716) AN O~INANCE approving the vacating and closi~ of a certain 15-foo~ wide a~ey situate In the City of Ho~oke, Virginia, exte~tng In a southerly direction from the first alley aou~ of He.rial A~enue, S. W., between Lots Nos. [5, 6 a~ 7, Newland Hap, of record In D. B. 365, page 3~2, a~ ~ts Nos. 1, ~, Block 5~ Wm. Claytor Hap, a distance of 200 feet to ~other alley, and the closi~ of a part of a~ther alley entering said alley from ~e East. ~, W. Price Fleldc ~d Estelle C. Pields, his wife, being the owners ~ts Nos. h, 5, 6 and 7, Newland Hap, of record In the Clerk's Office of the Hus~s~ Co~t for the City of Hoanoke, Virginia, In Deed Book 365, page ~2, a~ of Lot 5, Block 3, according to the ~. Claytor Hap of reco~ In the Clerk's Office of the Circuit Court for the County of Hoanoke, Virginia, In Plat Book 1, page 167, and of lithe western portion of Lots Nos. 1, 2, 3 a~ ~, Block 3, Wm. Claytor Hap, ~1 of ~l~h iproperty Is shown on a map kno~ ~ Fields ~d Harttn Hap. ~de by C B ~lcolm & ~n {Va. S. C. En~s., dated ~a~a~ 2~ 1953, said lots being all the la~ a~tti~ on th~ tlalleys herinafter mentioned, a~ ~EAS, W. rice Fields a~ wife a~ A. P. Hartin and wife have presented ~[Council a written l~t ..... t dated J .... y 1~, !953, sl~d and acknowledged accord~ce with ~e p~visions of Section 15-766-1 of the 1950 C~e of Virglnia~ as ~e~ed, ~lch l~st~ment set~ forth that W. Price Fields Is the owner of the lots ,arcels of 1~ aforesaid a~ that A. F. H~tln Is the only other o~er of property .ocated on the o~er alleys herein~ter mentio~d, a~ ~at the said owners desire to vacate, discontinue ~ close an ~ley 15 feet wide shown ~n the Newland Hap recorded In D. B. 365~ page ~2~ extendl~ f~om the first alley aouth of avenue, S. W., extendir~ S. 2· D~ W, 200 feet to arnther alley a~d also to vacate, discontinue and close that part of another alley 12 feet vide, which enters the alley above n~med ffrom the east and which lo designated as Parcels 'C" and UDU in th~ ~nsert on said map known ae Fields and Ma~tin ~ap, made by C, B. Malcolm & Son, Ianuar~ 2, 1953, and We Price Fields desires to dedicate as a public alley Parcel shown o n said map, and that the closir~ and vacatin$ of said alley and of a part the other alley sill not abridge or destroy any of the rights and privileges of the ~roperty owners Within the bounds of the area o£ land sho~n on the maps aforesaid, ~rovided ~o Price Fields and wife dedicate as a public alley said Parcel 'A' shown :n the Insert on the said map made by C. B. Malcolm & Son, January 2, 1~53, as they have done by signin~ and acknowled~ln~ said map which Is to he admitted to record in the Clerk's Office of the Hustings Court for the City of Roanoke, Vir~lnia~ and in the Clerk's Office of the Circuit Court for the County of Roanoke~ Yir~lnla, and ~HERF~S, the City Planning Commission has recommended to Co,mci1 that said alley First above named and that part of the other alley designated as Parcels and ~D" on said map.made By C. B. Malcolm & Son be vacated and closed,provided ~. Price Fields and wife dedicate as a public alley Parcel ~A~ shown on said map, which he and his wife have done by sl~nin~ and acknowlcd~in~ said map, and ~-HER~A2, Council le of the opinion that the aforesaid alley and that portion of the other alley above mentioned are of no benefit to the ad~oinin~ p~operty owners and the public will not be inconvenienced by the closJ ng and vacating same. THE.~E~0RE, BE IT O~DAINED by the Council of the City of Roanoke that said Council, bain~ the governinE body of the City in which the hereinafter described alleys are located, hereby approves the closing, discontinuance and vacstinF of that certain alley situate in the City of Roanoke, ¥lr~inia, described as follows, to-wit: ~eing a certain 15-foot wide alley extendlr~ from the first alley south of Memorial Avenue, S. W., 135 feet easterly of Elnborne Street, $. W., S. po 0~ W. F00 feet to another alley at'marked "this alley to be closed" on a map entitled Fields & Martin Map, made by C. B. Malcolm & Son, VA. $. C. EllFre., dated January 2, 1953, .BE IT FURTHER ORDAINED that said Council approves the closinF, discontinuance and vacating of that part of another alley which entered the above mentioned alley from the east~ which Is designated in the Insert shown on the aforesaid Fields & Martin Map, made by C. B. Malcolm & Son, as Parcels "C" ar~ "D", to which reference is hereby made. Reference Is also made to the Newland Map of record in the Clerk's Office of fha Hustings Court for the City of Roanoke, Virginia, In Deed Book 365, Page 3~R, and to the Wm. Claytor Map of record In Plat Book 1, page 167 in the Clerk's Office of the Circuit Court for the County of Roanoke, VlrKlrda. BE IT FURTHF/{ 0BDAIh]ED that Council approves the dedication by W. Price Fields and Estella C. Fields, his wife, aa a public alley of Farcel "A" shown in the Insert on the sfo~esaid Fields & Martin Map, made by C. B. Malcolm · Son. BE IT FURTHFR ORDAI~.~ED that the aforesaid co,sent agreement dated January 1~, 1953, together with a copy of the said Fields & Ma~tin Map, made by C. B. Malcolm & Son, under date of Jarma~y 2, 1953, and a certified copy of this O~dinance be delivered by the City ~lerk to the Clerk of the Hustings Court for the City of Roanoke, Virginia, and to the Clerk of the Circuit Court for the County of Roanoke~ ¥ir~tnia, for recordation, at the coat of W. Price Fields, in order that said Clerks :i26 may make propsr notations on all maps or plats of record in their respective offices upon which are shown said alleys, as hereinabove set out, BE IT ]~]RTHER ORDAI NED that the City ~n~lnear be, and he is hereby directed to ~ark 'Vacated': the l~-foot alley above described and also to mark ~Vacated' Parcels 'Ce and 'Dmshown onthe map made by C. Bo Halcolm & Son~ dated January 2~ 19~3, and to show the new location of the 12*foot alley aa hereinabova set out and appears on said map made b~ Co B. Halcom & 5on, on all maps and plats on file in the Office of the City Engineer of the City of Roanoke on which said alleys are shown, referrinE to the book and pa~e of this o~dinanca of the Council of the City Roanoke, wherein this Ordinance shall be spread. The 0rdirmnoe havinF been read~ was laid over. ZONI~G: The City Attorney hsvtnF been requested to prep~e the proper Ordinance, rezonin~ from Special ~esidence District to ~usinaas District property located between Hsmorial Averse and h'estovar Avenue, $. I~., east of ~lnborna Street described aa the western f~ty Feet of Lots 1, 2, ]ard ~ Block ~ ~llliamClaytor ~ap. bel~ a part of the tract of l~nd desl~mted as Official ~o. 1]]0511~ also, ~-foot alley ~dJacent to the we~t side of ~aid p~operty; a ~mall portion of an east-and-west l~-Foot alley ad,scent to the north side of said property; and e triancular parcel of the southern portion of Lot ~ Block 3, William 61ayto~ Map, all of which areas are shown on a prellmina~ plat p~epared by C. B. Ralcolm & Son, dated Janu~y ~ 1953~ he p~esented an Ordin~ce prepared by the Asslst~t City ~Attorne~; whereupon~ Hm. Woody moved thst th~ followin~ O~[n~ce be placed upon its first re,dinE. The ~tion was seco~ed by Hr. Younc a~ adopted by the A~: Messrs. Minton, ~ald~p~ ~'o~y, YounT, and the President, Hr. N.~YS: None ........ ($11717) AN O~!NANCE to ame~ a~ re-enact Article 1~ Section 1~ of ~aptev 51, oF the Code of ~e Cit[ of Hoanoke relatf~ to Zoning. %~EAS, applicat~n has been.~de to ~e Councll of the City of Hoanoke that property located between Hemovial Avenue, ~. ~'., a~ Westove~ Avenue~ 5. ~.~ east of ~'lnbo~ne ~treet~ descried as the western ~.O feet of Lots 1~ R~ 3 and Block ~, according to the ~llltm~ Cla~tor Hap, a~ beinE a pa~t of the tract of la~ designated as Lot No. 1330611 acco~din~ to the OfficiO, or.Tax Appraisal~ Hap of ~e City of ~o~oke, and, also, a former 15-foot alley, ROO.O feet In leith, ad]ace to the west side of said property a~, also, a small portion of a forme~ 1F-foot atl~y ru~In~ east and west adjacent to the no~th side of said p~ope~ty and, also~ s~l t~la~lav parcel bein~ the southwestern corner of ~t ~, Block 3, according said ~1111m Clayto~ Hap~ ~ re~ned f~om Special Hesidence Dlstrist to ~siness a~ WH~EAS~ the City Plannln~ to=i~ion has recovered that the above be rezoned f~m ~pecial ~esidence District to Business District, as requested, the ~ortion~ of said fo~e~ alleys above-described ~t ~vin6 heretofore been zoned, a ~A2, the notice required by A~ticle XI, Section ~3, of Chapter 51 of the :ode of the City of noanoke relatl~ to ZoninE haa ~en publlshed In "~e Ho~oke a newspape~ published a~ havinE ~ene~ circulation In ~he City of in ~e ~v required by said section, a~ ~S, the public heaving conte~lated In the aforementio~d Article Section ~3, of ~aptev 51 of ~e C~e of the City of Ho~oke, a~ as advertised In said notice published as aforesaid In said newspapel-, was held before the Cotmcll of tbs City off Roanoke on the 9th day of Fsbruar~y~ 19~3, et 2:00 otclock~ p. mo~ in the Circuit Court Room (C~ncil Cha~e~) In the ~nic~pal ~ildl~, at which public hea~lns no obJecttms were p~e~en~d by p~pe~ty o~e~s o~ othe~ interested parties In the afffected area, ~ ~R~ this Co~cll, sifter mature co~lderation o~ the application For rezoning~ la of ~e opinion that the a~vedescrl~d property should be ~ezoned as THE~RE, BE IT ORDAI~ by ~e Council of the City o~ Ro~oke that Article 1~ Section 1~ of Chapte~ ~1 of the Code of the City of noa~ke, relatl~ to Zoning, be, and the same Is ~reby, ~e~ed a~ re-enacted In ~e follo~l~ pa~ticula~ a~ Property located between ~mor~al Ave~e~ S, W,, a~ Westover Avenue~ S. W.~ east of Wl~orne Street~ described as the western ~O.0 feet of Lots 1, ~, ~ a~ ~, Block ~, accordl~ to the Wllll~ Claytor Hap, a~ bel~ a part of the tract of land desl~ted as Lot No. 1]]0611 accord- ing to the Official, or Tax Appraisal, Hap of ~e City of Ro~ke~ and~ also, a Fo~e~ l~-Foot alle~, ~00.O feet In leith, ad,scent to the west side of said p~perty a~, al~o, a sm~ll port,on of a ffo~e~ l~-f~, wide alley ru~ln~ east a~ west adjacent to ~e north ~lde of said property a~, al~o, a sm~l irregular parcel bein~ the ~outhwestern corner of Lot ~, Block 3, accordin~ to the s~ld h'llll~ Cla~tor Hap. be, a~ said property la hereby, rezoned f~m S~clal Residence District to Busl~ss District; ~ the ~p herein referred to shall be changed in this respect. The Ordinance h~vt~ been ~ad, was laid ~ver. A~ORT: The CltyAttorney havl~ been requested to prepare the proper Ordinance, leasing lobby counter apace in the new A~inistratlon ~t~ l~g at the Roanoke ~nicipal Airport to ~erlcan Airlines, he pre,anted an Ordinance prepared by the Assistant City Attorney; ~ereupon, Hr. You~ m~ved that the Followi~ Ordinance be placed ~pon its first reading. The ~tion was seconded by ~. ~oody and adopted by the follow~ vote: A~ Hessrs. ~lnton, Waldrop, Wo~y, You~, a~ the President, ~. Webber- ' NAYS: None ......... O. (~11718) AN O~INA~CE au~orizing the lease of c~rta~n space In ~e Terminal Building at Roanoke ~nlcipal Airport (Wood~m Field), to ~erican Airlines, Inc., upon certain terms and condition. ~S, American Airlines, I~., the present lessee of certain space located on the grou~ floor of the Ter~nal Buildl~ at Roanoke Huntcipal Airport, (Wood~ F~eld), desires to lease From the City of Roanoke 60.0 square feet of additional space In the lobby on the ~rou~ Floor of said Te~lnal Building, such addlt~onal space consisting partly of counter s~ace a~ bei~ adjacent to ~er~can Airlines, Inc*s., present ticket counter space. THIEVE, BF IT 0RDAIh~ by the Council of the City of Roanoke that the proper Cit~ Officials be, ~d they are he.by, authorized a~ directed, for and on beh~f of said City, to lease unto ~rican Airlines, Inc., an additional 60.0 square fleet of space ~n the lobby on the ~nd floor of the Terminal ~lldi~ at Roanoke ~ntclpal ~l~ort, (~oodr~ Field), the said space consisting p~tly of counter ~space and being ~Jacent to the ticket counter space p~esently occupied by A~rlcan Afrli~s, Inc., the said lease to be ~pon such form as p~p~ed a~ approved by the City Attorney ~ to contain such te~s and provisions ~ ~e approved by the City Hanager but to provide, inter ~ia, for the following: '27 1, ~hat the term of said lease shall be from year-to-year but, in no event to extend beyond the 31st day 0f March, 19~?, and 2, That the rental for said 60,0 square feet of space shall ~e at the rate Of $~,00 per square foot per annum, payable in monthly installments at such times and in such manner as may be required by the City Manager, and 3, That said lease shall, in general, be subject to the same conditions and provisions as are applicable to said Airlinest present lease of office and ticket counter space in said Terminal Building, except aa herelnabove otherwise providede The Ordinance having ~een read, was laid over, ZONINg-SETBACK LINES: The City Attorney having been requested to prepare the proper Ordinance, resorting property located between Shenandoah Avenue and Salem Turnpike, N. W., in the vicinity of Fairview Cemetery, designated as Official No. 26~O313, ffrom General Residence District to Light Industrial Dlstrict~ he presented ilan Ordinance prepared by the Assistant CityAttorney, including a port~on of the !!above tract of land now designated as Official No. 2520119, The Assistant City Attorney, who was present at the meeting, also presentin~ a plat ~howing the dedication of a portion of the above tract of land For street purposes and establishing building setback lines for the length of the property, !with the advice that the plat has been signed and recorded in accordance with Iprevious directives of Council, Mr. Young moved that the following Ordinance be placed upon its first reading.' The motion was eecor~ed by Mr. Waldroc and adopted the following vote: AYES: Messrs. Hlnton, Wa]drop, Woody, Young, and the President, Mr. Webber-5 NAYS: None .......... O. (#11719) AN ORDINANCE to amend and re-enact Article 1, Section 1, of 6hapter i[51 of the Code of the City of Roanoke relating tO Zoning. l has been made to the Council of the Roanoke WHEREAS, application City according to the 0fflclal, or Tax Appraisal, Hap of said City, be rezoned from General Residence District to Light Industrial District, and WHEREAS, the Clty Planning Commission has ~ecommended that the above propertl ~e rezoned from General Residence District [o Light Industrial District as requested and h'rYEREAS, the notice required by Article XI, Section 43, of Chapter 51 of the ~ode of the City of Roanoke, relating to Zoning, has been published in "The RoanoPe ~orld-News", a newspaper published in and of general circulation in the City of Roanoke in the ann ' ' WHEREAS, the public hearing center, plated in the aforementioned Article XI, Section ~3, of Chapter 51 of the Code of the City of Roanoke, and as advertised in said notice published, as aforesaid, in said newspaper, was held before the Council of the City of Roanoke, on the 16th day of June, 1952, at 3:00 o'clock, p. m., in the Circuit Courtroom (Council thamber) in the Municipal Bulldlng, at which public hearing no objections were presented by property owners or other interested parties in the affected area, and WHEREAS, after the aforesaid public hearing Council took the petition under advisement for further consideration, study and report, and ~ I~II~E~S~ this Council, after mature consideration of the application for rasonl~, ia of the opinion that the above p~operty should be rezoned aa requested, THERF, PORE, BE IT ORDAINED by the Council of the City of Roanoke that Article It Section l, of Chapter 51 of the Code of tile City of Roanoke, relating to ~onin~ bet and the aam~ ia hereby, amended and re-enacted in the followir~ particular and no other~ viz°: Broperty located between Salem Turnpike and ~bensndoah Aver~a~ N. U. ~ deslznated as all of Lot No. 2640~13 ~d the westerly 100.O feet of Lot No. ~011~, according to the Official, or Tax A~praleal,.Mep of said City~ be, and said property is hereby resoned from General Residence District to Light Ind~strial DlatrictI and the map herein referred to r~hall be char~ed in this respect, The 0rdinar~e hav~n~ been reed, wa~ laid over. In t~le cormection, the City Attorney presented sn Ordinance prepared by the Assistant City Attorney, establishin~ the setback lineal ~hereupon, Hr. Minton moved that the follswing Ordinance be placed upon its firet reading. The motion was seconded by Hr. Young and adopted by the following vote: AYF~: Hesers. Hlnton, Waldrop~ I/oody, ¥ounl~, and the ~resident, It~. Webber-~, NAYS,* None ........... O. (#11720} A}: ORDINANCE sstablish~r~ eetb~ck lines on the south side of Salem Turnpike, N. ~., and on the north side of Shenandoah Avenue, N. W., over properties lm~ediately west of the 19~3 Corporate Line of the City of Roanoke. WPr~RFAS,epplicatton has been made to the Council of the City of Roanoke by the respective owmers of the properties hereinafter mentioned to have a LO-Foot setback line for future street widening, as said setback line is measured from tho established center llne of Salem Turnpike, N. W., established along the northerly side of Lot No. 2f940313 according to the Official, or Tax Appraisal, Map of the City of Roanoke; and said owners, together with the owners of the westerly 100,0 feet of Lot No. 2520119, according to the aforesaid map, have likewise applied to the Council of the City of Roanoke to have a ~0-foot setback lin~ for future street widening, as said setback line is measured from the established center line of Shenandoah Avenue, N. W., established along the southerly part nf said Lot No. 26~031t and along the southerly part of the westerly 1OO.0 feet of said Lot No. 2520119, and W'WEREA$, the Planning Commission of the City of Roanoke, to whom this matter has boon referred, has recomu~nded that the aforesaid ~O-foot setback lines for future street widening be established on said properties as they abut on Salem Turnpike, N. W., and Shenandoah Avenue, N. W., respectively, and ~HERF~.~, Birdie T. Hlle'r and O. W. Hiler, her husba~, and Georgia T. Meadows a~d Louis W. Meadows, her husband, owners of said Lot No. ~6~0313, and Betty Francis Trlnkle end Janes L. Trinkle, her husband, as owners of the aforesaid ~ortiono? Lot No. 2~20119, have caused to be prepared, and have, or ~,ill have, rocor, ed certain plat showin~, ~onE other things, the esteblishment of each of the aforesaid O-foot setback lines, which said plat has b eon approved by the City Engineer and by he Agent of the Planning Com~Ission of the City of Roanoke, and WHEREAS, each of the aforesaid owners has offered to sign this ordinance as evidence of their consent to the establishment of the =foresald setback lines and to the recordation of a certified copy of this ordinance in the Clerk's 0f£1ce of the Hustings Court of the City of Roanoke, and t~q~RE~Sm this Council is of the opinion that each of the aforesaid ~$0ofoot setback lines for future street widening should be established, ?H~REFO.qE, BE IT ORD~ by ~e Cou~ll of the City oF ~oanoke as 1, That a ~foot setback line ~easured from the established cente~ line Sale~ ~rnpike, ~, ~., be~ and the s~e Is hereby~ eata~lished on the south side Salem Turnpike, N, ~.~ extendl~ over t~ northerly p~t o~ ~t No, 2~031~, ~co~i to the 0fflcial~ or Tax Appraisal, H~ of ~e City of ~oanoke, a~ 2, That a ~O-foot setback line measured ff~om the established center line Shena~oah Argue, N. ~., be, ~d the same ~ hereby, es~iahed on the north side of ~hena~o~ Avers, ], W,~ extendl~ over ~e ~ou~erly portion of said ~t 2~0]13 and over the ~ovtherly portion of t~ ~esterl~ 1~,0 fe~t of ~t No. Y~20119 according to the Official~ or ~ax Appraisals Nap of the City o~ Roanoke. ~E IT.FURTt~ O~AI~ that ~ bu~ldl~ here~tev erected on any part of bY t e Pr visions f his rdi~nc*saldhlOtsOabuttin~OOntsaldOstreetseshall extend ove~ the setback line .... tabl~shed  F~R ORDAIh~ that the Clt~Clerk shall, upon the sl~ture of each BE IT ~;of the af~vesaid o~er ~ s made to a ce~tified co~ of ~ls ovdinance~ transit the ~o ~ Cl~k o~ tho ~u~gln~ ~ou~ o~ ~h~ ~1~7 o~ ~o~nok* foe ~*eo~d~glon ~nd the City ~lnee~, tho City ~ullding Inspector and the Clerk of the Board of Zoning ~Ap~ als note on all official applicable maps ~Ithln their respective offices the ?establishment of ~he setback llne as above pPovided. ~ ' Birdie ~. Hlle~ ' Louis W. Meadows i[(Si~ned) O. W. Hiler (S~L) (Si~d) Bett~ F .... is T.l~le (SE,L ii O.W. Hller Betty Francis Trl~le il(Sl~ned) Jeorgis T. Meadows (SEAL) (Sl~ned) Jmms L. Trl~le (SEAL ~[ Georgia T. meadows J~es ~. Triale []J~ L. TRIR~LE, her husba~, ~ose n~es are signed to the foregoi~ a~ a~exed ~]o~inance of the Council of the Ci~ of Hoa~ke relating to the establis~snt of - [certain setback lines have each personally appe~ed before ~ In my City a~ State aforesaid and acknowledged the sa~. GIVEN under my ha~ this l~th day of Februa~, 1953. My co~lsston expires: Nota~ ~blic 2eptem~v hth, 195~. The O~tnance havoc been read, was laid over. EAS~S-5~S: ~e matte~ of aba~oninE an existing sewe~ easement on Lots 1, ~ a~ 3, Block ~, Hunters Home Hap, in exchange fo~ a new sewe~ easement on ~t 3, havl~ been referred to the City Manager and the City Attorney fey investl~at~ a~ if the car~i~ out of ~e exchange Is In order, to prepare the prope~ O~lnance the CityAttorney presented the followhf coruscation from ~e Assistant City "I~DEPARTM~ CO~UNICAT ION DATE: February 13, 1953 TO: M.K. /~o~an, Cl~ Clerk ~OM: J. N. Klncsnon, Assistant City Attorney IN RE: Abando~ent of fo~e~ sewer ease~n% ove~ ~ts 1, R a~ 3, Block Hunters Home Hap. Attached hereto for pres~ntetion to Council is an ordinance providing for the ebandorntsnt of a 10-foot wide sewer easement over the above-mentions, lota~ as the aa~e Is shown on the record map of said subdivision and aa heretofore constructed and operated by the City. Conferences with the Clty'Hana~er and with the Director of ~ublic Works and the Planning Commisalonts En~lneer~ together with a cursory examination of the records in the Clerk,s Office of the Hustings Court, lrdicate that th, owners Of said lots have already conveyed to the City another easement over one of the lots in qusationl that a new sewer lir~ has already been conat~uc sd over the new easement at the entire cost of the property ownsral that the new sewer line~ as already constructed, will adequately serve the area formerly s'erved by that portion of the old sewer line ~hich is contemplated to he abandonedJ and that the City will have ~o further use for the old sews line cor~tructed in the easement shown on the record map of the subdivision. Accordir~ly, it is the recommendation of this office, concurred in b~ tl City ManaEer and the Director of Public Works, that the portion of the old sever line across Lots 1, 2 and 3, aforesaid, be abandoned and that the Council authorize the release of all of the City's right, t ltle and interest therein. ' (Signed) J. N. Kincenon" Mr. Waldrop moved that Council concur ~nthe recommendation of the Assistant City Attorney and thst the following Ordinance be placed upon its first reading. :motion wes seconded by H~. Hinton sr~ adopted by the ffollowl~ vote= AYES= Messrs. Hlnton, Waldrop, ~oody, Young, and the President, H~. Webber-~ NAYS: None ............ O. (~11721) AN ORDINANCE abandoning a portion of a lO-foot wide easement for a public sewer ar~ other utilities over certain la~d situate between ~ount Vernon Road S. W., a~d Ross Lsne~ S. W. %[~E~EAS, the recorded map of the subdivision known as Hunters Home, of record in Deed Book 738, at pa~e 38~, provides thereon for a lO-lent wide easement for public utilities over certain of the lots and properties shown on sald map, a portion of one of ~lch said easements extends across the northwesterly portions of Lots 1, ) and Block 2, of said Hunters Home Eap~ end WHEREAS~ ~llllm~ L. $1bley and Ara B. Bibls~, husband and wife, the present owners of Lots 1, 2 and 3, aforesaid, have recently requested the Council to the City's use of the 10-foot wide easement afo~esald, as the sa~e Is shown upon the record maD aforesaid and, In order that the sewer line heretofore established by the City along the said easement may be relocated, t he said William L. Sibley and Ara Ro $ibley, by deed of January 21, 19~3, granted and co~eyed unto the City of Roanoke another lO-foot wide easement extendinS over Lot 3 of said map from a point nesm an existln~ manhole situate near the division line between Lot s 3 and ~, southeasterly to s point on thereat line of Boss Lane. $. ~., and ~F~IE~EA$, said lot owner~ have further paid all o£ the cost and expense of relocating, the sewer from the old easement as shown.on the record ~ap to the new easement as described and conveyed In said owners~ deed o£ January R1, 1~3, aforese] , and said new sewer line has heretofore been connected mhd i~ presently in operation and will adequately serve the area fo~ which the old sewer line was intended,and ~EREAS, said City no longer has use for the easement over Lots 1, 2 and 3, Block 2, of the sforessi~ map as the same is shown on the aforesaid recorded map of Hunters Home and Council is Of the opinion that that portion of said easement should be abandoned and the City's rights therein should be released. TH~HFORE, ~E IT OF~AINED by tbs Council of the City of Roanoke that said City doth hereby abandon, and forever release and quitclaim to the present ochers It1' thereof, its rights in that portion of a certain lO-foot w~de easement extending fro~ the northerly side of Lot 1, throuEhLot R and to t he westerly llne of Lot ~, Block eccording to the ~p or, Hunters Home, es the a~td easement is shown on the r~co~d ms] of Hunters Home~ recorded in the Clerk's Office of the Hustings Court of the City of Roanoke~ ~lrginia, in Deed B~ok ?38, page BE IT FURTHER ORDAINED that the p~per City o~flciala be, a~ they are hereby, authorized and directed, upon the request of the present o~ers of Lots 1, 2 ~d 3, a~ upon the presentation to said City Off~cials of a deed In su~ form as Is approved by the Clt~ Attorney, to execute sold deed on behalf of ~he City such manne~ aa to release, re~se and foreve~ ~ltcla~m unto the pPesent ow~rs of the aforesaid lots all of the City's ~lght, title and interest In the 10-foot wide easement over said lots as shown on the aforesaid Hunters Home Hap. The Ordin~ce having been re~, was laid over. LICENSES: The City Attorney havl~ been ~quested to prepare ~e p~per measures, providl~ for three methods of selling city ta~s for the convenience of the public, he presen~d m Ordinance and a Resolution prepared by the Assistant City Attorney with the co=eat that the tags sold at the local Brach Office of the Division of Motor Vehicles are to be ha~led by qualified perso~el from the offices of the 6om~lssioner of the Revenue and the City Treasurer rather than perso~el from ~ithe office of the Division Hoto~ Vehicles as originally contemplated due to the fact that the cost of the Division of Hotor Vehicles hailing ~tags Is ~ch higher than ~was st first supposed. In this co~ection, the City Clerk brought to ~e attention of Council a memorandum from Mr. B. ~. Bueni~, suggesting that city tags be sold at the Sire stations for the convenience of ~e public. Mm. Your~ pointed out that the principal idea Is to ~ke city tags available at the same place where state tags are purchased a~ offered the followinc emergency Ordinance: (~11722) AN ORDINANCE ~endl~ ~d reordaining Section (E) License Plates~ of Ordinance No. 9817, adopted on the 28th day of Feb~y~ 19~9, i,,posi~ license ?taxes on motor vehicles, trailers and mtor vehicle c~riers as defined In Chapter i}:161A of the Code of Virginia (19~2) ~d prescribing certain ~les ~d l~osi~ certain ~. You~ ~ved the adoption of the O~ln~ce. The motfon ~as seco~ed by ~r. Mfnton and adopted by the following vote: A~S: Messrs. Minton, Wald~p, Woo~, You~, and the Presldent, Mr. Webber-5~ NAYS: No~e ............. O. ~. Young then offered the following Resolution concerning administrative ~details for carrying out the three ~th~s: ~ (~11723) A RESOL~ION relatl~ to l he licensl~ of and lssu~e of n~ber plates or tags for motor vehicles, trailers a~ sidecars; ~d provid~ for an (For full text of Resolution,~e Ordinate ~ok No. 19, P~e 269.) Mr. Yo~g ~ve~ ~e adoption of the Resolutlon. The motion was seco~ed by Mr. ~o~y and ad.ted by the following vote: AYES: Messrs. Minton, Wald~p, Wo~y, Young, and the President, Mr. Webber-5 NAYS: None ............ O. B~-CIRCUIT COURT: The matter of appropriating the city's ~are of addi- tional expenses for the operation of ~e Circuit Court having ~en referred to the ~lty Attorney for preparation of the proper Ordinance, he presented an Ordinance prepared by the Assistant City Attorney. Council being of the opinion that the city. s Fare share oF the additional expenses ia $1,200.OO. Hr. Woody offfered the following emergency Ordinance{ (~11724) AN ORDINANC~ amending, the 1953 B~dget Ordinance by making an additional appropriation for the Circuit Court oF the City of Roanoke~ Account No. Fl; and providing for an emergency. (For f~ll text of Ordinance, see Ordinance ~ook No. 19, Page P?O.) Hr. Woody moved the adoption o£ the Ordinance. The motion was seconded by ~r. Young and adopted by the Following voter AYr.C: Heasrs. Hlnton, Waldrop~ Woody. Young, and the President. Hr. WebberoS, NAYS: None ........... 0. · MOTIONS AND I~I$C~LLANEOU$ BUSINESS: None, There being no ~urther busines$~ Council adJourmed, APPROVED ATTEST: Clark President COUNCIL, R~GUL.~R [~FTiEO, Monday, February 23, 1953. A quorm~ failing to ap[ear, the meeting was adjourned untfl ?:CO o'clock, p. m., Tuesday, February 2~, 1953. A TTES~7~' .~_ APP RO V ~=D COU~CIL, ADJ0~'RNED RFGULAR Tuesday, February P4, 19~3. The Council of the City of Roanoke met in an adjourned regular meeting In the Circuit Court Room in the Municipal Building, Tuesday, February 24, 1953, at o~clock, p..m., with the President, Hr. Webber, presiding. PRESENT: Messrs. Minton, Waldrop, Woody, and the President, Mr. Webber---4, ABSENT: Mr. Young .......... 1. OFFICERS'PRESENT: Mr. Arthur S. Owens, City Hanager, Mr. Randolph G. Whittle City Attorney, and Hr. Harry R. Yates, City Auditor. . The meetin8 was opened with. a prayer by the Reverend J. ~. Stockman, Pastor of St. Mark's Lutheran Church. HIh~ES: Cony of the minutes of the reEular meeting held on F~r~ay, Febr~.ry 9, 19~3, having been furnished each member of Council, upon motion of Mr. Waldrop, seconded by Mr. Minton and unanimously adopted, the readlnz was dispensed with and the minutes approved as recorded. H~_ARII~ O? CITIZENS UPON H~5LIC :/ATTFRS: SIDEWALK, C~B Ai~ CUTTER CONSTRUCTIO!~: Hr. R. T. Edwards, Attorney, Irepres,ntinr St. Mark's Lutheran Church, appeared before Council, together with Mr. !S. H. Barnhart, and presented the following communication, with reference to the !idedlcatlon of Five feet of land talon7 the Hi?bland Avenue aide of the new church sitd ilar the southeast corner of Highland Avenue and Franklin Road,S. W., in exchance for ]!sidewalk, curb and Fut~er ,long Highland Avenue and Franklin Head: "Februamy 16, 1953 Mr. Arthur S. Owens City Manaper Roanoke, Virginia Dear Mr. Owens: I have been authorized by the Church Council of St. Mark's Lutheran Church to make a proposal to the City o£ Roanoke, which in substance anticipates an exchange by the Church with'the City of a five foot strip of land along Highland Avenue beglnninE on the East side of Franklin Road and extending along the South Side o£ Highland Avenue 262.6} feet in return for sidewalk, curb and gutter along Highland Avenue and Franklin Road. You note on the plot plan attached hereto that Highland Avenue from curb to curb is only twenty-four feet wide. The Church will ~rant and conveF to the City of Roarnke a five foot strip on the South side of-Highland Avenue extendinE easterly from Franklin Road to a twelve foot alley. Also St. Mark's will grant to the City sufficient land to soften the ...... t th ........ consideration of the Erant~ however, the Chruch feels that it ~houldl[ In be entitled (1)o Curbing free a point on Franklin Road beglnnln~ at the new curb line returning into Rt/~hland Avenue and extendin~ to a point on the ~est ~Ide of the twelve foot alley which point is ~6~.~ feet fro~ Franklin Road. {~). A five foot concrete sidewalk along the propert? line £ro~ the twelve foot alley to Franklin Road with proper arc for the curve at the corner of Franklin Road and Highland A~enue. {])o Replace the present brick ~idewal~ on the East side of Franklin Road fronting Immediately in front ce the new Church str~cture with a five foot concrete sidewalk ~Ich sidewalk to the 5ecinntnC of the curve will be approximately 1~5 feet. {h)o Gross over permits will be required as indicated on the plot plan. We will I~grateful for your consideration of this at your very earlie~t convenience. Respectfu!ly submltted~ (~igned) R. T. Edwards~ In a discussion of the matter, the City Manager pointed out that it is the policy of the city to construct sidewalk, curb and gutter in exchaP~e for the dcdicetio~ of five feet of land for street ~urposes~ but that since the church aleo wants the city to replace the sidewalk on Franklin Eoad l~r~ediately in front of the new church structure, he Feels it Is a ~atter for Council to decide. On motion of Mr. ~aldrop, seconded by H~. Minton and unanimously adopted~ the matter was referred to the City Han~Fer for study, report and recom~ndation to Councll at its next regular meeting. PETITIO'IS AND ZONINC: A co~unicatlon from Mr. Edwin M. ¥ounF, Receiver of Mo~nlngside Heights Corporation, asking that lots in the area from Penrod Av,nue to Morgan Avenue, S. E., between Morningslde Street and the Virginian Railway, described as Lots 1-10, inclusive, end Lots 12-~1, Inclusive, Block 16~ Lots 7-13, lnc~usive, and Lots ~1-77, Inclusive, Block 17: Lots 6-15, inclusive, and Lots ~3-3~, inclusive Block 15, Lots 25-3P, Inclusive, Block 19, Lots hi19, inclusive, Bl~ck ~3: Lots 1-{c Inclusive~ Block ?~; and Lots 1-~, inclusive, Block ~5, g~rntngstde Heights ~lap, be rezoned from General Residence District to Light Industrial District, was before Council. On motion of Mr. Minton, seconded by Hr. ~foody and unanimously adopted, t he co~nunlcation was refcrred to the City Planaing Co~ission for study, report and recomzendatlon to Council. ZONIng: Council having previously scheduled a public hearln~ for P:OO o~cloch p. m., March 16, 1953, on the question of rezonIn~ from General Residence District to Business District property located on the north side of Raleigh Avenue, N. E., west of Second Street, described as Offtclal Nos. 2020~8 and ~0~0h33, Block 3, Official Survey N%f 3, a communication from Mr. Atlee Williams, owner of adjoining property described ss Official ~o. ?020~7, and a comzunlcation fro~ Hr. Roosevelt Crowder, owner of property described as Official No. POP0~m6, asktnF that their properties also be rezoned from General Residence District to Business District, were before Council. Hr. Woody moved that the City Clerk include the two addltlonal properties the notice of public hearing to be published, and that in the meantime, the two requests for rezoning be referred to tne City Planning Co~ission for study, report ~nd reco~endatlon to Council. The motion was seconded by Mr Waldropand unan~mousl~ adopted. SALE O? PROPERTY: A co,=un!cation from Hr. L. L. Ru~h, Greeting ~PSo.o0 net cash each for city lots located on the north side of Gilmer Avenue, N. ~., between Thirteenth Street and Fourteenth Street, described ss Lots 1-5, lncluslve, Block 33, Hyde Park Map, was before council. On motion of Mr. Minton, seconded by Mr. ~'oody and unanimously adopted, the co~=unlcation was referrrd to the Apiratsal Comnittee for study, report and reco.?r~e~ e- tlon to Council. GRADE CROS$IN3~S: A co~nunication from Mr. Tom Poindexter, 1719 Burrell Street N. W., advising that he does not wish to sell his property at 19 Second Street, ~. E, in connection ~ith the Jefferson Street Grade Crossir~ Elimination Project, and suggesting that, if it can be done, the Erade cross in~ or street be widened on t he western side of Second Street, N. E., instead of on the eastern side, In order to by-pass his house and lot, was before Counctl. Hr. ~oo.dy moved that copies of the com~uunlcation be forwarded to the proper state, Norfolk and ~eatern Railway Company and city representatives for their attention. The m~tion was seconded by Hr. ~aldrop and unanimously adopted, SEWFH COKSTRUCTION: Council havir~ previously requested Mr. J. E. Fogle to put into writing, for referring to the Clty Hana~er, his petition that Sewer Assessments standing against property located on the north side of Colonial Avenue, S. W., east of Perainger Road, described as Lots 3-4-5, Fogl~ Map, in the na~e of Alfred R. Ash, et als, and in the amount of ~64,05 each, as well as the Sewer Assessment st~ding against Lot 6, in the ~ount o£ ~6~.10, be released, a tion from Mr. Fogle, settin~ forth the reasons for his request, was before the body. On motion of Mr. Yaldrop, s~conded b~ Mr. Minton and unanimously adopted, the com~unlcstion wasroferred to the City Manager for study, r sport and recommend at! to Council, t WATER DEPArTS!Ebb: Council haying previously denied the request of Mr. George II. Vogel, Attorney, representing Mr. To~ W. Fore, that somethlnF be done by the city !irelie£ valve on his property, and that if the present water pressure is changed to ilhIFh water pressure and there is any dazlage done to his household equtpment,'he i!Intends to hold the city responsible for all d~aces, was before the body. On motion of }ir. Minton, seconded by Mr. Waldrop and unanimously adopted, !action on the com~unication was deferred un~il the next regular meetin? of Coun*il 'llwhon, ~ a full membershl~ is expected ~o be _mresont. HFALTH DEPA~T~.~A~_.NT-DOGS: Council having preciously referred a proposed Heat 0rdin~nce to 19~3 budget ~tudy, and the body having also requested the City Attorney to prepare an Anti-rabies Dog Vaccination 0rd!nance for consideration on Harsh ~, 1953, a communication from the Roanoke Academy of ~ledtclne, advising that at its las~ imeeting the Hsdlcal Academy voted to support the idea of compulsory rabies veccinati:n ifor dogs and that it also voted to endorse the idea of a Meat Inspection O~dlnance, ~as before the body. Mr. Woody moved that Council take the question of adopting a Meat Ordinance under advisement and that further consideration of that part of the communication relating to complusory rabies vaccination for dogs be deferred until the next re~uls~ meeting of the body. The motion was seconded by ~. Minton and unanimously adopted. BUSES: Council having previously requested the City Attorney to prepare a ~esolution, providing for the appoint~ent of a co~lttee to negotiate with the Roanol Railway and Electric Company and the Safety Motor Transit Corporation, as a result o~ the request of 'the transportation co-~psntes for authority to make certain chan~es in the fare structure, a conmunicatton from Miss Lottie F. Stewart, objection to two-zo~ie fares and suEFestln~ that th~ straight bus fare of ten cents be ~ncressed to twelve cents and that the ~ekly pass of $1.50 be increased to $1.75, if it is necessary to The co=nuntcation was taken under advisement for consideration at some futu: WATER DEPA~TME4T: Council hav~ng previously appointed a co.~m~ittee to negotia' ~lth certain owners of exlsting small water distribution systems to obtain wrltten ~ffers whereby the city ,,my purchase certain of said ~ystems, a communication from Mr, Charles D. Fox, Jr., Attorney, repreeentin~ Hr. Jo W. Webb, owr~r of a private water system in the Oarden City area, reviewing n~gotiatione with the co.-~cittee and advising that the rock bottom fiFura of Mr, Webb For the sale of the system to the city is ~22,~00,00, was before the body. On motion of Mr. Waldrop, seconded by Mr, Woody and unanimously adopted, the com~unication was referred to the negotiating co,~ntttee. CITY JAIL{ A communication from Mr. Fred G, Gray, Chief Deputy in the office of the United States Marshal, Department of Justice, Western District of Virginia, together with a form of contract covering the keep of Federal prisoners in the Roanake City Jail for a period of three years effective Hatch 18, 1953, under the sane t~rms and conditions as the existing contract, was before council, On motion of Mr, Waldrop, seconded by Mr. Woody and unanimously adopted, the contract was referred to the City Manager for the purpose of ascertatnlnF whether or not there is any possibility of obtaining, a better rate, the present rate belr~ seventy-five cents per day per person. REPORTS O~ 0FPICFRS: SCHOOLS: The City Manager eubmlt%ed the following report, with reference to entertaining exchange students f~om Manitowoc, Wisconsin, dur~nE ~heir visit in February ?~, 1953 To ~he City Council Roanoke, Virginia There has been an exchange of students between our own Jefferson High School and Lincoln High School, Manltowoc, Wisconsin. Their students will visit ua From March lh to March 26, 1953. Although I feel this is either a citizen or School Board project, initiative a~d organization of the plan ~tFht be started From the Governing ~ouy. I suggest that you conmider the possibility of creating a citizens' co~lttee composed of approximately twenty persons to assist in fmuarting Very truly yourm, .(Signed) Arthur S. Owens City Manager" Council being of the opinion that the matter should be handled by the Superintendent of Schools, Mr. Woody moved that the report of the City Manager be referred to the Superintendent of Schools and that the City Manager be instructed to offer his assistance in any way possible. 2~e motion was seconded by Mr. Waldrop ~ATER DEPART.V~I~: Council havin~ under date of August 8, 19h9, adopted Resolution No. 10105, authorizing and directing the City Manager, uuon request, to !have connections made for water service in the Idleutld Park and Eenwood Addition sections, he submitted written report with the recommendation that the Resolution be repealed due to the fact that it is inconsistent with exfstlnF rules and regula- tions of the Water Department, the City Manager co~rcent~n? that ~f accelerated dave: ment should take place in some of the areas in the above sectlons~ the cost of carr~ out th~ provisions of Resolution No. 10105 would become prohibitive. After a discussion of the matter, Mr. Minton moved that action on the quertl be deferred until the ne~t regular meetin~ of Council when a full mambershlp is exce~ on ted DEPART}~.NT O? PUBLIC ~LPARE~ A cou~uunicatlon fro. H~. Gilbert. J. 8chwart~m 1227 Center Ave~:e, N. M., asking that the relief Frant of ~s. Ora Jchnson be restored, havin~ been referred to the City Han~Feu t o investigate ~m. Johnson's situation with the Dlvecto~ of ~e Depart~n~ of Public Welfare a~ Jo report back to Council, the City Han~ev euhmit~ed ~ltten repout, together with the followl~ :om~unication f~m the Welfare Director{ "February 17,' 1953 ~. Avthuu S. Owens City HanaEe~ ~niclpal Eulld{~ Roanoke, Virginia Dea~ Hr. I ha~e a letter of Feb~ary 1~ addressed to ~ou by the City Clerk, Hasto~ Eoo~an~ In regard to the case of ~s. O~a Jo~on, which ~as before Council on Ho~ay~ Feb. 9. ~e have had this case off a~ on ouv assist~ce rolls ~o~ yeavs, ~d It has always given us a ~ueat deal of co~ern. ~hen the Federal Oeo,unbent ~ecently esta~>ll~hed a new Pederally-matched~teEovy known as Aid to the Ferm~ently and Totally Disabled, ~s.. Joh~on made application for ~elief under this head. I ~ight add at this point, ~arenthettcally, that your local Board ts not the decldinz eactor In ~uch~ses. An au~licatton Is filed locally, a local doctor completes a Four-page examination a~ this is ~ent to a Revle~ Te~ In Rlc~ond, composed of a docto~ and one otheu peus~. %.%eth-v the case Is fou~ eligible ov Ineligible Is depe~eni upon the decision of ~is Review Team. Twice duvl~ 1~5R~ Mrs. Johnsont~ applications were ~eJected by the Review Te~ In Richmond on the gvo~ that diabetes, ~2ch is lieu ch2eC co:~plaint, l~ controllable. ~e have ~rn~hed }~s. Johnson ~ith insulin for he~ rtckne~s fey years. A third application was filed late tn 19~. 2hl~ time the local was made by another doctor a~ the Review Team, about the e~ of January, 1953, fou~ F~s. Joh~on ell61ble. A cr~t was Elven he~ in the mlddle of February to cove~ a month*~ need~. Hereafter a cheek will be given Johnson ~e first of each ~onth fo~ I shall ~t bo~e you with a lon~ histuoy of the backg~und of this case. alway~ has been and will probably continue to be one of those dubious cases ~ust on the borderllne where it is difficult to know Just exactly what o~ should do. Howeveu, since a local doctov*s report a~ the Review Te~ ~n Rlch~o~ apparently feel that ~s. Johnson Is eligible, we have pu~ a In her ca=e. ~% expect to keep a ve~ ~tuict check on this case, but it be continued until such tl~e a~ further examination may prove ov d2~pvove that she is eligible or ineligible. A copy of thl= letteu is. being ~ent to me~bers of City Council at the reques of F~. Avthuu S. ~ens, City Hanage~, puelimlna~ to his report to Councll on Februauy Respectfully (S~cned) J. H. Fallwell Di~ector of Public ~elfare" The report and co~unication were filed. ~ATER DEPART~i~: Council at its last re~lav meetinE havinC awauded the contract fey the con~tvuction of the concrete fou~ations and appurtenances fey the Wash1~ton HeiFh~s elevated tank ~d the Ora~in Court st~dpipe, desl6nated as Contract H of the ~atev Department, to D. E. }lorley, Rocky Mount, Vlrg[nia~ the Cit~ Hanazev su~nitted ~rltten report with the vecom~endation that the Building Inspector and the D2~ecto~ of Public ~ovks be officlally appointed to act as e~lnee~s on the pvo~ect fo~ the city a~ su~rvise the work to be pe~fo~ed~ In lieu of outside rofeesional engineers. ~. E!nton ~ved that Council concur in the recom~endat 2on of the City [anaEe~. The motion was seconded by ~. ~oody a~ unanimously adopted. DONATI0]S: The City }lana~e~ submitted the followinF report, with reference to an oYfe~ of My. Steve Frody to donate a sun dlal ~o~ the Church Avenue plaza: "Roanoke, Virginia Feb:mary 2~, 1953 TO The City Council Roanoke, Virginia Gentlemen= HI', Steve ~nody, a citizen of our co~mnity, would like to present to the City a eun dial with appropriate concrete bench to be located on the east terminal of the Chruch Avenue plaza, eub~ect to the approval of Council and under the aupervielon of the Enginoerln~ Department. I would recommend that you accept this lift and thgt spp~eciat[on to H~. ~od~. Re~pectfull7 ~ubml~ted, Clty Manager" On mo~on o~ Mr. Woody, seconded b~ ~. Wald~p an~ unanimously ~op~ed, the ~a~er was ~e~erred ~o the Clt~ Plann~ Co~ss~on rom s~u~y, repom~ a~ recommend, ~lon ~o Council. ~U~-S~O~ CO~ROL: A co~nica~lon ~rom Mm. Henry ~. Boyn~on, Chairman o~ ~e Adv~som~ a~ Appeal Board ~o th~ Director o~ ~he Depar~en~ Control, asking ~ha~ ~he ~ravel expenme accoun~ In ~he Dep~r~en~ Con,roi budget be increased, havi~ been re~rred ~o the Ci~ Man~er · epor~ and recommendation, h~ submitted ~en ~po~ th~ consideration could be ~tve~ ~o th~s ~ncrea~e after July 1, 19~3, and recom~ed th~ a~y ac~on be held Nana~em. The ~ot~on ~as seconded by Mr. Woo~y a~ unanimously ado~ed. AIRPORT: Council hav~n~ pr~viously approved a con~rac~ for the operation of a~rl~ne ~r~p ~nsurance d~pe~ng machines a~ ~he Roanoke Municipal Airport, the C~ Man~ger submi~e~ written r~por~ w~h the reco~e~a~on ~ha~ the bo~y approve a separate con~rac~ rom the servXcin~ of ~e ~ch~nes by ~he c~y ~n consideration of ~he sum 0~ ~5.00 per ~on~h. On mo~on o~ M~. Waldrop, seco~ed by ~. Woody and unanimously adopted, ma~er wms r~ferred ~o ~He City A~orney ~or pmepa~a~on o~ ~h~ proper m~asure. S~AGE D~SPOSAL: The C~y Manage~ sub~l~ted the ~ollowlng r~por~, wi~h reference ~o a cha~e ordem in ~he Sewage D~posal Con~rac~ ~ch was au~hom~zed Feb..my 17, 1953, ~n an e~ergency: "Roanoke, VtrFinla February ?~, 1953 To The City Council Roanoke, VlrElnta Gentlemen: I refer you to Section ~2 of the Charter of the C~ty of Roanoke, Virgin: whlch authorizes the City Manager to modify a contract not to exceed ~1,000.~ an~ to Section ~1, Paragraph 2, which provides action in the event of a It was necessary for me to authorize a change order in oum Sewage Disposal Contract in the ~ount of ~1,~50.00 ~Ich had been recommended by Mr. Howson, ~. Mattern, an~ our own Englneering Department as a step that should be taken expeditiously: therefore, I authorized lts acco~pllshment on Tuesday, Pebrua~; 17, I trust it will be your pleasure to confirm this Respectfully submitted, (Signed) Arthur S. Owens City Man~ger" Mr. Woody moved that Council con£1rm the action of the City Man.gem. The motlon wes seconded by Mr. ~aldrop ~d unanimously adopted. 4O POLICE DEPANTME~: The City Hanager submitted written report on the resignation of Jesse Martin Gillies, Jr., from the Police Department, effective Pebrusry ~8, 19~3. The report was Filed. RE~ORTS O? COMMITT~: SALE O? ~OIERTY: The committee appointed to appraise city property submitte the follow~nF report, with referer~e to offers fop the purchase of certain c!t~ lot~ Feb~a~ 9~, 19~3 To The Clt~ Council Ro~noke~ Gentlemen: a. ~s. VirElnla Wilson Truesdell has offered t~e City ~150.00 a p~ece of propemty at 103 Chestnut Aveme~ N.W. The committee feels that the City would ~ver have any use for this p~perty and would reco~e~ sale p~ov~ded the property Is cleared within slx ~nthst b, M~. J. ~. ~mallwood, of 919 Bull[tt Avenue~ ~. E., made an o~fe~, February 11, 1953, In the am~nt of %300.00 fo~ Lot 16, Section 73, Wasena. The co~lttee does not recomme~ the sale of ~ls land because we feel the lot ~s worth more than the a~ount offered fo~ c. M~. Harry Shay, 8~1 Wasena Ave me~ $. ~., made an offe~ on Febru~y 9, 19~3, In the amount of $500. O0 fo~ Lot 1R~ Block 1~, Wa=enm. The co,Itt, r~co~e~s that the o~fe~ be accepted and the sale con~u=ated. Respect~lly submitted, (Siyned) ApthuP S. ~ens (Si~md) Ran G. }~ittle (Si~ned) Harry R. Yates" H~ Wal.~r, moved that Cou~l concur In the ~co~mendatlon of the committee ]~that the offe~ of MPa. Truesdell ~ accepted a~ that fhe mattem be Pefer~ed to the Cit~ Attorney fo~ p~ep~ation of ~e p~opem Ordinance. The motion ~as seconded by ~]MP. ~oody a~ unanimously adopted. M~. Woody moved that Council concu~ In the reco~endat[on of the committee that the offer of M~. ~allwo~ be rejected. The motion was seconded by M~. Waldrop and unanimously adopted. Mr. Minton moved that Council concu~ in the reco~e~at~on of the committee that {he offe~ of Mr. Shay be accepted a~ that the matter be mefe~red to the City Attorney fo~ preparation of the p~opeP O~Inance. The motion was seconded by ~oody and unanimously adopted. U}~INISH~ FUSI~SS: ZONING: Council at its last re~l~ meet~nF hav~nE taken u~er advisement r~quest fo~ rezonlnE from Special Residence Dist~[ct to Business District a cePta[n rectam~uls~ parcel of la~ situated on the ~mthwest corneP of Franklin Road and Janette Avenue, S. W., fronti~ RP5 feet on Franklin Road and 1?~ feet on Janette Avenue~ bei~ a part of the tract of land destEnated as Official No. 1C3110~, the matter was again before the b~y. ~. Minton mewed that action on the question be deferred until the next re.tar meeting o~ Council when a ~ull ~e~ber~lp Is expected to he present. The was seco~ed by ~. Woody a~ unanimously adopted. ZONING: Council at its re~lmr ~etfng on January 26, 1~53, hawing deferred action on a request fro~ property owners for rezonXng ~ro~ Ge~ral Residence Dfstr~c ~o Business District a six-acre tract o~ l~d located on the south sade o~ S. W., ~U. S. H~way Houte No. 1~, l~dAately e~st of Mud L~ck Creek, ~esi~ated as Official No~ 1620101, until after further consideration ~s given ~est~on of furnishingwatem to ~e tract o~ la~, the matter was again before the ~ody. In this connection, M~. ~hilip H. Elllott appeared before' Council and presented petitions signed by 1]1 reel~ents of the Lee Ry Garden section, asking that the request for rezoning be denied, Mr. Blliott reading a prepared statement setting forth the reesons for the opposition of the residents in the Lee Ry Garden section to the proposed resonlr~. The City Clerk brought to the attention of Council a communication fromM r. Carroll ~. Traylor, tMderator of Grace Presbyterian Church, Independent, ~dvisir~ that the officers and members of the church are vigorously opposed to the rezonlng. With further reference to the metter, Hr. ~orrls L. Hasinter, Attorney, representing the petitioners for rezoning, appes~ed before Council, M~. Haslnter pointing out thet there are no residences on ~rsndon Avenue in the vicinity of his clientst property: consequently, the above real dante cannot be directly effected by the pmi~osed rezoning. After a further discussion of the matter, Hr. ~aldrop moved that action on the reqnast for rezoning be deferred until the next regular maetir~ of Council when a full membership is expected to be present. The motion was seconded by Fw. ~oody and unanimously adopted. S?REETS /~N9 ~ 5EYS: Council at its ~atl. ng on Pebruary 9, 195], having deferred until the present meetinF any action on a r,port of the City Hanager, with reference to widening the south side of 5ullltt Avenue, ~ ¥~., between Jefferson !Street end Plrat Street, the ~attsr was a£ain before the body. In this corw. ection, the City Clerk hroufht to the attention of Council a coxaunlcation from Er. Edward C. Moomaw, Secretary of the ~oanoke Re.chants Assocle- itlon, ed¥1sln~ theta number of merchants'and other business people interested in the widening of 5ullltt Avenue want to be he~wd on the matter. The City Clerk also brought to the ettentlon of Council a cox~unlcetion from Dr. Peter A. Wellenborn, Jr., with offices in the Eedlcel Arts Building, advising that he is very much In favor of the widening of ~ullitt Avenue in thet h~ feel~ the widening of the ~treet will be a concrete and necessary contribution to the successftl ~peratton of the new ps.~king garage to be erected at the nort-w Street and Day-Avenue. . ~ With further reference to the ~atter, the above merchants and other bustness~ ~eople interested in ~he widening of Bullltt Avenue appeared before Council, John Norman, President of the Roanoke Merchents Association, Dresent]n~ the resolution of the 5oard of Directors of the Association: "Februany PlI, 19~3 To the City Council of ~oenoke, ¥irginis As Preeident of the Roanoke Merchents Association, i would like to present the following resolution of the Board of Directors: ~The Directors of the Merchants Association respectfully petition the City Council of Roanoke to euthorlze the widenin[ of Bullltt Averale by 10 feet from Jefferscaa Street to First Street, S. W., for the following reasons: We feel that it is essential to [he successful operation of the new parking garege and to the continued progress of Roanoke that Bullit~ Avenue be widened ten feet in this already con3ested area. _'~: We feel that the parking gera[e will Contribute materfnlly to solution of RoanokeI e downtown parking ar~ traCflc problem. ~3. ~e believe that tbs perkin~ garage will bring thousands of dolle~ of extra business to Hoanoke, resulting in tncrease~ revenues to th. Cig from the retail privilege tax Of fifty cents on each hundred dollars of sales. '4'i t~, We feel that the promotion of this garage by private enterprise has-relieved the City of the ~ecessity~ at least for some time, of. spending money for the provision of off-street parking facilities, ~In view of these factors we feel that the City of Roanoke Is fully Justified in cooperating 1CO~ iff the' widening of this part of ~lllitt Avenue Sincerely youra~ (Signed) John Not,mn John Normant President" ]ir. ~orman explained that the contract for the new parkir~ garage has Just been awarded and that construction of the garage will begin in the very near future; therefore, those interested in the project would like a co~mitment from Council that it will widen the south aide of Bullitt Averse, the actual tl~e of the street wlden] project to be left up to Council after conferences with englaeers and the contractor for the garage. Also urging, that the street be widened, were Er.' Leonard O. ;~se, Attorney, represeatfng the Appalachian Electric Power Company, F~r. President of the Roanoke Chamber of Commerce, lit. Davis H. Elliot, Presilent of the Shenandoah Club, Iir. W.'F. Hazlegrove, Attorney, representing 155 stockholders in Merchants Parking Company, Incorporated, and Mr. ~. W. Cutsh~ll, a merchant and Chairman of the Traffic and Off-street Parking Committee of the Chm~ber of Comaeree. The matter having been discus~ed at length, Hr. Woody norad that action on !ithe que~tlon be deferred until the next regular nearing of Council when a full ilmembership is expected to be ~resent. The motion was seconded b~ ~r. Waldrop and iunanimously adopted. SCHOOLS: Draft of a proposed Ordinance, authorizing and directing the acquisition by condemnation of a certain 8.7 acre tract of land in the Washington Heights section of the City of doanoke, o~ned by J. Arthur Densmore, for the purpose of providing a site for a new elementary school in the Washington Heights section, havln~ been taken under advisement by Council, the matter was again before Lhe body. ~r. Woody voiced the opinion that every means of acquir~ng the property at mutually satisfactory price should be exhausted and moved that the matter be alerted to the Hayor and the City Attorney fur further negotiations with the proper' ~ner. The mtton ~s aeconded by Er. ~lnton and unan!~o,mly adopted. CONSIDERATION OF CLAIMS: None. I~RODUCTION AND CONSIDERATION O? ORDINANCES A~ ~r£0LUTIONS: STREETS AND AI,L~YS: Ordinance No. 11716, vacating, discontinuing and closing ~n alley and a portion of an alley in the block bour~ied on the north by Memorial tve nue, on the east by Demniston Avenue, on the south by Westover Avenue and on t he ~est by Winborne Street, in the Southwest section of the City of Roanol:e, Paving previously been before Council for its first reading, read and laid over, was again ~efore the body, lit. ~lnton offering the followin~ for its second reading and final (~11716) AN ORDINANCE approving the vacating and closing of a certain 15-foo wide alley situate in the City of Roanoke, Virginia, extendin~ in a southerly direct! from the first alley South of ~emorlal Avenue, $. W., between Lots Nos. ~, 5, 6 and Hap, of record in D. B. 365, page 3~, and Lots Nos. 1, 2,.3 and [lllia~ Claytor gap, a distance of 200feet to another alley, and the closing of a ~rt of another alley entering said alley from the East. (~'or full text of Ordinance, see Ordinance Book No. 19, Pa~e 771.) H~, Hlnton moved the adoption of the Ordinance. Tho motionwae seconded by Hr, Wald~op and adopted bytha following AYE~ Hesers. Minton, Waldrop~ ~oody~ and the President, F~. Webbero--~, NAYSI None ..... O. (Mr. Young absent) IONING~ Ord!nance No. 11717, resorting certain properties located between Memorial Avenue and Westover Av~uue, B. W., east of ~inborne Street, from Special Residence District to Business District, having previously been before Council for ;its first reading, read a~d laid over, was again before flue body, gr. Woody offering the followir4- for its second re~din~ and final adoption~ (~ll?l?) AN ORDINA~iCE to ~end and re-enact Article I, Section 1, of ~hapter ~1, of the Code of the City of Roanoke relating to ~oning. (~or full text of Ordinance, see Ordinance book ~o. 19, Page ~73.) Mr. Woody moved the adoptioa of flue Ordinance. The motion ~ae seconded by ~r. Waldrop and adopted by the following votel AYES: gessrs. ~inton, Waldrop, Woody, and flue President, gr. Webber---h. NAYS: None ........ O. (Fw. Young absent) AIRPORt: Ordinance No. 11718, leasing lobby counter space in the new Terminal Bu~loing~ at the Roanoke ~uniclpal Airport to ~merlcan Airlines, Incorporated, havingi previously been before Council for its first reading, read and lald over, was again before the body, I~r. aaldrop offerl~ the following for Its secor~ readln~ and final sd~ption: (#11718) AN 0P~INA~CE authorizing the lease of certain spnce in t~e Terminal BuIldl~ at Roamke l~uni¢ipal Airport, (~oodrum Pield), to American Airlines, Inc., upon certain ter~s and conditions. (~or full text of Ordinance, see Ordinance Book No. 19, ~s£e 27~.) Hr.~aldrop moved the adoption of the Ordin~ce. The motion was seconded by gr. ~oody and a~opted by the followtn~ vote: AYES: gessra. Minton, Waldrop, Woody, and the President, ~. ~ebber---h. NAYS: None ......... O. (~r. Young absent) ZONI~: Ordinance ~o. 11719, rezonIn~ property lccated between Shenandoah Avenue and Salem T~rn~tke, N. ~., in the vicinity of Fairvlew Cemetery, des!tholed ss Official Nos. P6~0313 and ~5~OllP,fra~ General Residence District t o Light Ir~ustrial District, havin~ previously been before Council for ~ts first re~ding, ~ead and laid over, was a~ain before the body, gr. ~inton offering the for its second re~dfn~ and final adoption~ (~11719) AN ORD~AI~CE to ~end and re-enact Article i, Section 1, of Chapter 51 of the Code of the City of Roanoke relatfn~ to ZoninE. (For full text of Ordinance, ~ee Ordinance Book No. 19, PaEe P?5.) ~r. Htnton moved t~e acoptlon of the Ordinance. Tl~e ~otlon wss seconded by ~. Ealdrop and adopted by the following vote~ A~r~-S: Messrs. Minton, Waldrop, Woody~ and the President, ~r. Webber--~. NA~S: None ........ O. (Hr. Young absent) ZONI~G-SETEACK LI~ES: Ordinance ~o. 11720, establishing ~etback lines on the eouth side of ~alem Turnpike, N. W., and on the north side of Shenandoah Avenue, ~. W., over properties immediately west of the 19~3 Corporate Line of the City of ~eano~e, having previously been before Council for Its first reading, read and laid ~ver, was again before the ~ody, ~r. hoody offerln~ the followin~ for it~ second :ceding and final adoptlon~ {~117~0) AN ORDINANCE establishing setback lines on the south side of ~slem Turnpike, No ~., and on the north side of ~henandoah Avenue~ N. W.~ over prop~rties l~ediately west of the 19~3 Corporate Line of the City of Roenoke. (Por full text o£ Ordinance, see Ordinance Book No. 19, Page ~75.) Hr.~oody moved the adoption o' the Ordinance. The motion was seconded by I~. H[nton and adopted by the followin~ vote=' AYES= Hesars. ~lnton, ~aldrop~ ~oody, and the President, Hr. NAYSt None .......... Oo (Mr. Youn~ absent) EASFJ]EhTS-SEWP~ CONSTR~CTi0N~.Ordlnance No. Il?P1, abandonIr~ that portion of a lO-foot wide easement for a public sewer and other utilities extending across the northwesterly portions of Lots 1, R, and ~, Block P, Hunters Home ~ap, located between Mount Vernon Ro~dand Rosa Lane, S. W., south of ~ersinFer Road, hav~n~ previously been before Council for its first reading, reed and lald over~ was amain before the body, Er. Waldrop offering., the followinu, for its second readlnf and final adoption: (~ll?P1) AN ORDINAi~E abandoning a portion of a lO-foot wide easement for a ~ublic sewer and other utilities over certain land situate between Mount Vernon iRoad, S. W., and Ross Lane, S. W. (For full text of Ordinance, see Ordinance Book No. 19, Page ~77.) Mr. Wsldrop moved the adoption Of the Ord[rance. The motion was seconded by ~. Woody end adopted by the following vote: AYES: Messrs. Minton, ~aldrop, Woody, and the President, Mr. ~ebber---~. NAYS: None ......... O. (Mr. Young absent) AIRPORT: The City Attorney having been reqliested to prepare the proper 0rd[nance, providing ~or the rental Of lobby ~pace in the new Terminal Bu!ld~ng et the Roanoke Kunicipal Airport to Mr. L. H. Bohon, trading as Buhon Aviation Service, presented same. After e discuss!on of the matter, Kr. Waldrop voicin~ the opinion that ~f the city keeps on rentlnF lobby space in the new Airport Terminal Build!n~ to applicants there is not going to be sufficient room for public use, and the C~ty Manauer inform Council that he plans to present a diaEran of the lobby to the body in the near futu] fop its Ir=eormat~on, Mr. Woody moved that the following Ordinance be placed upon its first reading. ~ne mmtion was seconded by Mr. Minton and adopted by the following vote: At.S: Messrs. Minton, Waldrop, ~oody, and the President, ~. Webber---~. NAYS: None ........... 0. (~{~. Youn~ absent) (#11725) AN ORDINANCE authorizing the lease of certain space on the ground floor, oP lobby, o£ the Ter.tnal buildln~, at Roaaoke Municipal At~port (Woodr=m to Bohon Aviation Service upon certain term~ and condltlons° %FH~qEAS, L. H. Bohon, trading es Bohon Aviation Service, who presently ~erat%s one of the establl~hed businesses et Roanoke Municipal Airport (Eoodrum has offered to lease from the City certein additional space on the ground or lobby, of the Terminal Building at said Airport, TH~-REPORF, ~E, IT ORDAI}~]~D by the Council o~ the City of Roanoke that the ]~ty Manager be, and he is hereby, authorized and directed, for and on behalf of'sa~l Iffy, to execute a lease a~reement to and %;!th L. H. Bohon, trading es ~ohon Aviation Service, leasi.r~ to the said Bohon approximately ~5 square feet of space on the ground floor, or lobby, in the Terminal Eullding at Roanoke Municipal Airport (Wo~drum Fleld)s said lease to be upon such fora as is prepared and approved by the City Attorney or Assistant City Attorney and to be upon such terms and sub,eot to such conditions as ~y be prescribed by the City HanKer, but to include, inter alia the following provisionst 1. That the term of said lease shall co~enoe as of Hatch 1, 19~3. and shell be for a term of one year, and thereafter from ~onth-to-month until terminated by either party on ~O-days written notices ~, That the rental therein provided shall be at the rate of $~.00 per square foot of floor space (or counter space), per annum, payable in equal monthly installments; 3. That as tenant of sa~d City, the lessee shall at all tlzes be subject to all of the rules and regulations regularly establlzhed for the operation, use and management oF said Airport; end ~. That the exact location of the area herein authorized to be leased shall be such as is designated by the City's Airport Manager. The Ordinance having been read, was laid over. ZONING: The City Attorney having been requested to prepare the proper Ordina~ce, releasing certain restrictions on lots in the Peahm Map located on lhe west side of Wllliamson Road, N. ~., south oF Hershberger Road, presented same; whereuron, Mr. Minton moved that the following Ordinance be olaced upon its first rea~tug. The motion was accorded by Mr. Woody and adooted by the following vote: AYES: Messrs. Minton, Weldrop, Woody, and the President, Mr. Webber---~. NAYS: None ......... O. (~. Young abseot) (#11726) AN ORDINanCE releasir~ and watv!r& certain building restrictions on certain lore shown on the recorded mao of the subdivision of properly of Frank W. i~eakm and Rhode C. ~emhm. W~R~AS, the City is the feel simple o~mer of certain land known and describ~ es Lot 18, as shown on the Map of the ~ubdlvisfon of Property oF Frank N. Beahm and Rhode C. Beahm, as said map is of record in the Clerk's O~fice oF the Circuit Court for Roanoke County,Virginia, in Plat Book P, page 185, and W'dER~AS, said map provides on its fact that all of the lots ~hown thereon as a part of such subdivision are subject to certain restrictions, m~ong ~hich are Restriction No. 2, prov!ding that no structure .or B~fldlng other than a residence end necessary residence outbuildings shall be erected on any of said lots and Eestrictlon No. ~, providing that the residence to be erected on Lot No. ~ as shown on said map must be in ap~roximate line with the then exlstlog residences upon Lots ~o. 1 and No. 3, and ~HEREAS, Frank ~.Beahm and Rhode C. Beah.m are still the owners of Lots No. and ~o. 4 as shown on sa~d ~ap, which said lots front on the westerly side of Wfllfamson Road and have obtained from all of the other owners of hhe lots sho~m on said map a release of the aforesaid map restrictions No. 2 and 4 as the s s~e apply to said Lots No. 2 and No. ~, and said Frank ~. Beahm has requested the 6ity, as owner of said Lot No. 18, to likewise release said man restrictions No. P and ~ insofar as said restrictions apply to Lots No. ? and No. ~, and '46 WHE~F~S, the easterly, or front, 160 feet o£ Lots No. 1, ~o. P, So. 3 an4 No. ~ have heretofore been zoned for busir~ss uses by Ordinance No. 100~9 of this Council and it therefore appears to Council that the request of the said Frank W. Beahm ia reasonable and should be ~Tanted. THEHE,~ORE, F~ IT ~NDAINED by the Council of the City of Roanoke that said City, as the fee simple owner of Lot No. 18 as shown'on the Map of the Subdivision of Property of Frank W. Beehm ar~ ~hoda C. Beahm of record in the Clerk's Office of the Circuit Court for Roanoke County~ Virginia, tn Plat Book 9, page 185~ doth hereby release ar~ waive those certain restrictions numbered ~ and ~ ss shown on said recorded nap lnsofar as the said restrictions apply to or affect Lots' No. and No. ~ of the aforesaid subdlvisiono BE IT FURTHER ORDAi~D, that fro~ arxl after the effective date o£ t his · dinance the proper city officials shall be, and they are hereby, authorized to execute on behalf of said City any proper deed of release or quitclaim tendered saf~ City for execution by any party in interest in effecttn~ the put,oGee and intent of this or, In anco providing, however, that the form of such deed of release or quitclali ilahall be first approved by the City Attorney. The Ordinance having been read, was laid over. MOTI0~S A.¥D ~ISCELLA5YOUS PUSI;,~SS: STRF~ETLIUHTS: Mr. Waldrop brought to the attention of Council a communicatt. Ifrnm }'~. and Mrs. Algte a. West, askin~ that a street lIrht be installed on Vinton i]Road, N. E., where their prom rty at lOOh Vlnton Road, N. E., designated as O~elcial i, No. 3330~12, Joins the rear of property at ~P03 Orar~-e Avenne, N. F., designated as Official No. 3330~01, and moved that the ~atter bo re~erred to the City Manager for study, report and reco=~endatf)n. ~he motion was seconded bf ~.Ir. Woody and unanimously adopted. PRIDGES: Mr. E~ldrop brought to the attention of Council a sketch of a plan for a bridge on Tazewell Avenue, ~. E., ~.~aldrop vofcinp the opinion that if the Jefferson Street Grade Crossing Elimination Project is to be a success it will be necessary to erect a bridge on Tazewell Avenue, S. E., in the vicinity of Second Street. In this connection, Mr. Howard H. Push, President of Clover Creaaery Com=any Incorporated, appeared before Council and objected that a bridge on Tazewell Avenue would force his co.~.pany to seek another site, Mr. Bush statir~f that the cost of a new nlant would be almost nrohibitive. After a further dfscusslon of the matter, Mr. Waldrop moved that the nropose~ iplan be referred to the City Manager for study, report and recormmendatlon to Council iThe ~tton ~ras seconded by Mr. Woody and un~ni~usly adopted. There being no further business, Council adjourned. APPROVED ~ President COUNCIL, R~O~ M~ETINO, ltonday, Hatch ~., 195], The Council of the City of Hoar~ke met in regula~ meetin~ in the Circuit Court Rooa in the Municipal Building, Monday, March 2j 1953, at 2~00 o~clock, p, the re&ula~ meeting hour~ with the President, M~, Webber, presiding, PRR~BNT~ Masers, Minton, Waldrop~ Woody, ¥oung~ and the President~ ABSENT= OPPICgRS PRESENT= M~, Arthur So Owens, City Mana£er~ Mr, Randolph O, ~nittle 51ty Attorne~and Mi-, Harry B, Yates~ City Auditor, The meeting was opened with a praye~ by the Reverend M, T. Coker~ Pastor of Hount Zion Baptist Church, MINUTE$= Copy of the minutes of the relmlar meetin~ held on Monday~ Februar 16~ 19~3, having been furnished each member o£ Council, upon motion of Mr. Woody, accorded by M~, Minton and unanimousl~ adopted~ the reading was dispensed with and flEARIRG OP CITIZENS UPON PUBLIC MATTEP.5= None, PETITIONS Alfl) COMMUNICATIONS= FIREARH5: The following co~munication from Judge K. A. Pate, Juvenile and Domestic Relations Justice, asking that the sale and possession o£ air rifles in the1 City of Roanoke be prohibited, was before Council: Members of the City Council Runicipal Building Roanoke~ Virginia Oentlemen~ Because of increasing violations of the city ordinances prohibiting the shooting of air rifles in the City of Hoanokel and because of the extreme dan~er in the un~upervised use of air rifles by Juveniles, more especially youn~er chlldrenl and because of some serious results of the unlawful firing of air rl£1es in the City of Roanoke, culminating recently in a little 12 year old boy losing his eye, you are respectfully requested to give serious consideratiqn to a city ordinance prohibiting the sale and/or possession as well as the firir~of air rifles within the city limits of the City of The firing of fire crackers reached such a serious point In the city of Hoanoke that you were requested to outlaw the sale and possession of fire .crackers within the city limits, and the passage of this ordinance materialll assisted the Police Department and the courts In minimizing this danger. We feel that a city ordinance outlawir~air rl£1es, similar to the ordinance outlawing fire crackers, would be of material assistance to the Police Department and the Juvenile Court in reducing this hazard to a minimum. 1 have discussed this problem with the Police Department, and they assure me t~at they ~111 cooperate 100 per cent ~lth the Juvenile Court in the enforce- Any consideration you may give this sug/cation will be appreciated. 'Respectfully yours, (Signed) Ko A. Pate K, Ao Pate~ Judge Juvenile and Domestic Relations Court~ In this connection, the City Clerk brought to the attention of Council a comuunlcation from Hr. P. Ho Trout, voicing the opinion that the body's problem is to decide whether or prohibit all air rifles, or only those which are dangerous, or which may be made dangerous by ~anipulating their pa~ts, HI-. Trout expressing the belief that ~ manufacturer who makes, ands retailer who sells a lethal ~eapon disguised as a toy~ ara liable, for da.~ages it causes, and that a fe~ verdicts would be more effective than Just passing a lawo With further reference to the matter, the City Clerk brought to the of Council · communication fromM re. J. C. Chewning, urging that the sale of air rifles in the City of Roanoke be prohibited, The City Clerk ·leo brought to the attention of Council · co~unication Mr. John A. ~osee, objecting to the outlawing of the sale or possession of air rifle in the city on the grounds that such an Ordinance would be another useless and dangerous restriction of personal liberty, that it would be almost impossible to enforce, that air rifles have certain useful purposes and that the outlewing of air rifles would be inconsistent. After a diecusalon of the matter, Mr. Young stating that he feels it is inconsistent to outlaw air riflesand permit other firearms, and that he wishes thor was some way Council could control the use of air rifles rather than by prohibiting the sale and possession of same, Fir. Minton moved that the-question be taken under iadvisement for further consideration. The motion was seconded by Mr. Waldrop and unanimously adopted. gCHOOLS~ A communication from Mr. J. P. Cruickshank, President of the Parent Teacher Association of Wllllam Flaming High School,.togather with a Resolution adopt, i by the Association at its last meeting on February 17, 1953, stating that the l!Assoclation has been disturbed over rumors it has heard from time to time that the !!Roanoke City School Board is making plans to construct in the future a Central ~!Hlg~ School at Shrine Hill, in that the Association fears such a plan might adversel il affect the status of William Pleming as a senior high school, and advising Council i!that the Association is strongly opposed to and will resist any effort to consolidat !and/or combine Jefferson Senior High School and William Fleming High School into Central Senior High School at Shrine Hill or in any other section of the city, was before the body. Mr. Young cormuented that a new senior high school at Shrine Mill is a long iway off in the future, that when the matter ia finally decided it will be decided iby the Roanoke City School Board, not by Council, and since the School Board also has a copy of the Resolution, moved that the Resolution be filed. The motion was seconded by Mr. Woody and unanimously adopted. ZONING: The following communication from the City Planning Commission, with reference to rezonlng property located on the north side of Gllmer Avenue, N. E., west of Second Street, described aa Lot 35, Block 1, Official Survey NE 1, was befor~ Council: "February 28, 19~3. The Honorable H. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. Oentlemenr In reply to your letter of February 18, 1953, referring to the City Planning Commission for study, report and recommendation to Council: A co~mmnication from the ¥oung Women'a Christian Association asking that property located on the north side of Ollmer Avenue, H. E., west of Second Street, described as Lot 35, Block 1, O. S., ~E 1, Official No. 3011~3§, be rezoned from General Residence District to Business District: The Y. W. c. A. owns the adjoining property on the east, which is classified aa Business, and it is underatood that it ia the desire of the petitioner to sell both properties as one parcel In order that the price derived therefrom can be used for the construction of the new Y. W. C. A. It la understood, further, that if said lot is rezoned, the proposed usa of the property would be for a filling station. In vJev of the. location of said property, directly in front of which is no~ located a filling station, the Comics/on feels that the rezon!ng of lot viii be a natural extension of an ealeting Business District, and that the character of the immediate neig~aborhood will not be changed. The City Planning Comiesion recommends that the request of the petitio to rezone said lot be zranted. Respectfully submitted, (Signed) W. ~. McCcrkindalet Chairman? On m~tio~ of ~r. Young', e~conded by Mr. Waldrop and unanimously adopted, the City Clerk was instructed to publish proper notice of a public hearing on the reques for rszonlng to be held at 2100 o~clock, p. m., March 30, ~TREET~ AND ALLE~S~.The following communication from the City Planning Commission, with reference to a petition from Hr. Nose A. Plunkett, Attorneys representing Club. View Corporation, asking that certain avenues, streets and alleys within the area bounded on the north by land of the Norfolk and Western Railway Companyt on the east by the Boulevards S. W., on the south by Patterson Avenue, S. Wi, by the road adjoining the land of the Norfolk and Western Railway on the Company, be permanently vacated, discontinued and closed, was before Councllz The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemen: In reply to your letter of February.S, 1953, referring to the City Planning Commission for study, report and recommendation to Councils A -etltlon From Moss A P' ' ~ . Aun~ett, Attorney, representing Club View Corporation, asking that certain avenues, streets and alleys within the area bounded on the north by land of the Norfolk and Western Railway Company, on the east by the Boulevard,~ S. W., on the south by Patterson Avenue, S. W., and on the west by the road adjoining the land of the Norfolk and Western Railway Company, be permanently vacated, discontinued and closed~ The area in question is zoned as a Heavy Industrial District, and it is understood that there are no publt~ utilities located therein. The streets and alleys which the petitioner desires vacated have never been opened. From lnf~rmation submitted to the Commission by the petitioner and hie Attorney, several firms and industries have been interested in locating within the area in question, and are awaiting development of the land to determine the proposed location of their operations. The location of the land is suitable for industrial purposes, but the proper development of it will requireconsiderable grading, and this necessary work can proceed only after the petitioner has been able to get final action in regard to the closing and vacating of said streets and alley! The City Planning Commission Feels that the proposed development of the area in question will result in the best interests of all concerned, and that action should be taken lm~ediately to close said streets and alleys. Further, the Commission is of the opinion that in planning the new area, it may be necessary to provide for certain streets or alleys and it ia unde~- stood that after the grading is completed, and before leases are made for the uses of the land, the petitioner will submit his proposed plan of development to the Co. mmission for determination as to whether or not said streets or alleys may be necessary, and the recommendation of the Commission is conditioned on this agreement. It is the Conznission~s recommendation that the following streets and alleys be pe'rmanentl~ closed and vacated: West Avenue west of the Boulevard to a north-ar~-south road adjoining the property of the Norfolk and Western Ry. Co. Rorer Avenue west of the Boulevard, S. W. 22nd Street, S. W., with the exception of the southerly 150 feet. 23rd Street, S. W., with the exceptlo~ of the southerly 150 feet. Alley running east and west through B1. 53, W. E. H. V. Hap, located between 22nd and 23rd Streets. Alley (or alleys) running north and scuth through Bi. 51, W. E. R. V. Hap, located east of 22nd Street. Alley runninA east and west through BI. ~1, ¥o ,~o Rs ¥. l~ap, located east of ~ Street. Alley ~ln~ east ~d vest ~u~h B1. ~ ~. ~. R. Y. ~p~ the ~r~-a~-aouth ~ley eaate~d to Lots ~ ~ 12 of said block~ said ~1~ beins located vest of 23~ Street~ Alley ru~l~ ~rth a~ sm~ t~u~ B1. 5~, ~. E. R. Y. Hap, located betveen Ro~r Avenue ~d ~atterson Aveme~ Hespect~lly aubnitted~ ~n this co~ect~on, H~. Plu~ett appe~ed before Cou~li a~ presented an addit~onal petition~ askl~ that v~ewe~s bo appointed~ to~ethe~ w~th draft of a ~esolutlon~ prov~d~nE fo~ the appointment of the viewers. · On motion of ~. h'oody, seceded by ~. Waldrop and unanl~usly adopted, the draft of Resolution vas referred to the Cl~ Atto~y fo~ approval. CI~ ~O~ER~-STR~S A~ ~L~S~ A report of the City Hanager with reference ~to. the excha~e of city p~perty located onthe north side of Salem Avers '.,e~t of ~,rd ~t~eet, fo, ~ope~ty ,urthe~ to th .... t, in co,act,on ~ith'a pro~°aa~ ~{to widen ~alem Avenue havl b - , ~ sen referred to the City Pl~l Comission For ~lstud~, report.~d reclamation, the followl~ co~unlcation from ~e City Pla~lng ~Co~lsslon, ~th referees to the matter~ was before Council; eFeb~a~ ~8, 1953. The Ho~rable ~. L. Webber, Hayer, a~ ~em~rs of City Council, Oentlemenc In Peply to your letter of Janua~ 9, 1953~ referring to the C~ty Plannl~ Co~lsslon for study, report and reco~e~at~on to Councll~ A ~eport of the City ~anager w~th reference ~ ~e excha~e of properties between ~e BraZen Company ~ the ~ty of In co~ection with ~e offer of S. F. Wo~y, as set forth his letter of October P3, 1952, to the City Hanager, to dedicate la~ for the future w~denl~ of S~lem Avenuec The Co~lss~on has considered this matter on several occasion, together w~ other agree~nts entered into verbally between ~. ~o~y a~ City Officials, as hereinafter referred to. The proposed excha~e of properties will. In the opinion of the Co~lss~on, be advantageous to both ~e Brandon Co, any a~ the City of ~oa~ke In ~at It will pe~lt the consolidation of the several properties of sald Co~a~ ~ ~. Wo~y, and valuable la~ will be dedicated for the ~ture w~den~ng of Salem Avenue ~lch will be for the best interests of the public at large. The C~ty Fl~l~ Co~tss~on recovers to ~ouncil the followlng~ 1. ~at the propos~ made by The Br~on Company to convey to the Cl~ of ~oa~ke a tract of lind shown as ~cel ~A' on Plan No. 3~61, front~n~ approxl~tely 150 feet on ~alem Avenue, exchange for ~e tract of ~ sho~ as P~cel vBt~ on said PI~ fronti~ approx~tely 135 feet on S~em Avers, be ~, said pro~rt~es bel~ designated as follows: Panel 'A'c Orificial ~t No. 1010107 Off~cl~ ~t No. 10101~ Pt. Of. ~t No. 1010113 Parcel SBe~ Official ~t No. 1010115. ~. That Council ~ant the verbal request made by ~e Company ~ patiently close ~ vacate ~e l~-foot, north- a~-south alley located 110 feet west of 3rd Street, S. with the exception of the sout~rly ~9.5 ft., which portion of sald ~ley ~y be required for ~e ~tu~ widening of Salem Avenue. It ~a u~erstood that a petition for said vacation will be f~led with Cou~il as provided by the State statutes. 3. That City Council accept the offer of The Br~on Co, any ~. ~oody to dedicate ten feet for the furze widenl~ of S~ em Avers alo~ its several properties located west of said alley, lncludl~ the tract to be ac~lred ~n excha~ from the City, aa~d p~posed dedication sh~n on the Plan above ~eferred to. I I I I !I, That Council accept the offer of The Br·ndon Company to enter into an agreement to provide for · setback building line on all of its properties located west of 3~d -~trect, -~. Vo, for · period of three years only From the date of the conveyance of the t~o properties in question, said bulldin~ line to bv measured Fro~t the south side of -~alem Avenue and to vary From &pproximataly ?1 to 76 feet, aa shorn on said Plan. - The above recolendetione ~c subject to · final Field survey ar~i map to be made by thc Engineering Department and submitted to City Council prior to final action.. It is euzgestcd that the question of conveyance and the several other questions involved in this matter be referred to the City Attorney For such legal action aa may be necessary in order to carry out the purpose and intent of both The Brandon Company and the City of Roanoke, Respectfully submitted, (Signed) Vo J. HcCorkindale, Jr. Chairman. Po go Attention ia called to the fact that a sewer line runs through properties on the north side o£ Salem Avenue and the alley in question~ and in the conveyance of the City's prop'erty end the closing of the alley, the City may ~ant to retain.an easement.' After a discussion of the matter, Hr. Hlnton moved that action on the question ~e deferred until the next regular meeting o£ Council. and that in the meantime, men,ers of the body be ~arnished a map sho~lr~ the proposed exchange and street w~den~ng their information. The motion was secor~led by Hr, Youn~ and adopted, Hr° hoody not voting due to the fact that he o~ns an interest in a portion of the property involve~o BUD~ET-COHPENSATION BOARD: The Comper~ation Board having previously authorized the employment of an additional clerk in the office of the City Treasurer at a salary of $~,P~O.O0 per annum, effective January l, 1~], and it appea~ln~ that Council has not as yet appropriated the city's share of the salary, the follo~lr~ co~uunication from the City Treasurer, with reference to the matter, was before the body.' 'February 27, 1953 Hayer ~oy ~o Webber and Hembers of City Council Gent l~men*. I am again bringing to you~ attention the question of the additional employs requested by this Office. This your~ lady has been working hero since Hatch 1, 1~52, last year on account of a temporary vacancy. She is a good stenographer, good clerk, and ~ood ~orkor, and I don~t want to lose her. I am badly in need of another employee, otherwise, I ~ould not have made the request. Especially, no~ since I am being called upon to send one of my employees to the 'Hotor Vehicle Department for the period of Harsh 15th to April l~th. This comes in the month in ~lch I collect fo~ the City of Roanoke more money than any other month of the year° Hiss Dobbi.ns has worked both January and February ~ithout being paid, except the state end which is less withholding. I am, therefore, requesting that this ~atter be disposed of ~lthout further delay. Yours respectfully, (Sl~ned) C.R. Kennett In a discussion of the matte~, Hr. Woody pointed out that the Compensation ~oard has also authorized the employment of two additional clerks in the office of ~he Co~alssioner of Revenue, one at a salary of ~3,600.00 per annum and one at a ~sler~ of $~,~20oOO per annu~, Hr. Woody stating that he does not feel Council ehoul¢ lo anything to lnterferewith the efficient operation of the eve offices, and moved ;hat the body concur in the emplo~nent of the three additional clerks in the two ~ffices as approved by the Compensation Board. The motion Vas seconded by Hr. Yours, He, Wald~op offered a substitute ~tion that tha City ~(anager and the City Attorney. be instructed to ascertain whether or ~ot tbs additional help is needed for the efficient operation of the t~o orifices.. ~, ~o~ replied that the ~ed fo~ ~e additional e~loyees has apparently already been asce~t~as evide~ed by the Co~ensation Boa~s approval of the t~e clerks a~ ~, ~aldropts ~tion failed for lack of a second,. Afte~ a ~the~ discussion of the ~atte~ ~, ~oody pointl~ out that the state dictates ~e policy of the t~o offices, not ~e city~ a~ H~, Hlnton statins that he Is not opposed to ~e e~plo~ent off the addition~ employees~ but that he Is opposed to tr~tl~ any of the sal~y increases approved by ~e Co~ensation Board inasmuch as C~ncil ~ae ~nable to ~lve all c~ty e~loyees salary l~reases this ye~ the original ~tion as offered ~ ~, ~oody ~as adopted by the vote, ~, ~al~op co,shrinE that he Is votinf for the motion u~er pvoteat~ A~S~ Heasrs. Hlnton, ~aldvop, ~oody and You~ ......... N~S{ The President~ ~. ~ebber ........... 1, ~. ~oody then offered the followl~ emergency 0rdina~e, appropriating the clty~s two-thirds of the salary of the additional clark In the office of the City (~1172~) AN ORDIN~CE to ~end and reorda~n Section ~8, "Treasurer", of the 19~3 Budget Ordinance, ~d providing fop an e~r~ency. (Fo~ ~11 text of Ordinance~ see 0~in~ce Book No. 19, Pa~e ~. Woody moved the adoption of the O~[n~e. The mo~ion was seconded by Mr. You~ ~ adopted by the followl~ vote~ A~S= Messrs. Minton, Waldrop~ Woody a~ You~ ......... NAYS: ~ President, ~. Webbe~ ....... With ~rthe~ ~eference to the matte~, ~. H~nton offfered the followin~ ~emer~ency Ord~n~ce, app~pm~attn~ the city's two-thirds of the salaries of the of Co~lssione~ of Revere; viz~ SR,~00.O0 in the the ~nd $1,~80.00~ the Ordl~e to be In ffo~ce f~m its passage, rathe~ th~ ;~1~ 19~], s~nce the addit[o~l clerks have not as ~et been employed= (~11728) AN ORDINANCE t ..... d a~ reo~aln Section ~, 'Co=t~sione~ or the (For ~11 text of Ordinance, see Ordl~nce Book No. 19, Page ~. Hinton moved the adoption of the Ordina~e. The motion ~as seconded by JHP Wald~p a~ adopted by the followlng vote~ A~: Hessvs. Minton, Waldrop, Woody a~ Young ........... N~S: The President. ~.Webbe~ .......... 1. ~PORTS ~ to~ethe~ w~th the followin~ co~unication fr~ the E~inee~ in ~a~e of Const~uctio~ of the Water Department, with reference to work on the water distribution system In the do.town area. In co~ction wi~ the Jefferson Street Grade CPossl~ Eliminatio~ Project= "Peb~aPy 19, 1~53 He. Arthur S. O~ens, City ManaEer MuniciPal Bulldin~ Roanoke. Virginia Be~ Jef£eraon Street Overpass · Distribution System Changes ~ater Department Dear He. Owens: The construction of the overpass for Jefferson Street would leave an l~portant 12" main buried 30 feet or more. This main was l~stalled when the Norfolk and Western Railway passenger station was located at Second Street, S, W., so has had a 20-foot fill over it for many years. This main is an l~portant connecting link between.the three sources ~upply~ and In addition is most advantageously located for one of our largest customers. It crosses the right of ~ay of the Rorfolk and Western Railway at a point which was never laid out as a street. Accordingly, its abandonment as an arterial main involves redesign of the distribution system much greater than the mere substitution of the 12' north and south line by a line on the new bPldge. The Norfolk and Western Railway service for the east end is directly fed from this line, haling the capacity to supply a 12' service either from the north or south. Maintenance of this service capacity and dePendabllity~ in view of the abandonment of the present main, is provided in the attached plan of new work. The plan also takes into consideration the possible abandonment of present mains croasin~ the Norfolk and Western right of way at Jefferson Street should the elimination of the grade crosslng render such advisable at any future date. The abandonment of an important main feeder on the occasion of new construction which would bury it 30 feet is believed axiomatic. The plan herewlth submitted, providing for this abandonment and re-establishment of equivalent Facilities in all respects, calls for the installation o£ ]800 fleet of 12'~ 2970 feet of 8'; and 400 feet of 6' new main. The' grea~er portion of these mains will necessarily be undertaken in cooperation with the work involved in the construction of the neu viaduct, for which the construction schedule has not yet been determined. It will further be necessary to abandon certain service lines for property to be razed, and possible minor changes in other maln~ not included[! in the above. We now estimate the new work will cost $35~880.00, while minor main relocation and abandonment of services will cost $2,300.00, a total of $38,180.00, say ~40,000 at this time. Ail pipe and fittings to be used within the area involved in the overpass should be mechanical Joint pipe. We respectfully ask th~ attached plan be adopted and the ~ater Departme: be authorized to proceed as 1. Prepare detall plans and specifications in accordance with the plan presented herewith. 2. Secure the delivery of that pipe and fittings, of a mechanical Joint type, to be placed in stock and specifically assigned to this proJec 3. Incorporate at an early date so much of the new mains as are located outside the overpass project area as a part of the big construct[on program being let to contract. 4. Arrange for the work within the area to be done in cooperation with the contractor For the overpass project with the regular forces of the Department. Very truly yours, {Signed) Charles E. Hoots Engineer in Charge of Construction~ Hr. Young moved that the matter be considered at an informal meeting to be :held at §:O0 o'clock, p. m., March 5, 19~3. ~he motion wes seconded by Hr. Waldrop and unanimously adopted. B~GET-~UVENILE AND DOMESTIC RELATIONS COURT: The City Manager submitted ~rltten report, calling attention to the t~portance of purchasing a check protector for the Juvenile and Domestic Relations Court and reco~ending that ~185.O0 be appropriated for this purpose. After a discussion o£ the matter, the City Auditor confirming the need for the check protector, Hr. Minton moved that Council concor in the recommendation of the City Hanager and offered the followlng emergency Ordinance~ (~11729) AN ORDINANCE to amend and reordain Section ~143, "Departmental Equipment and Improvements", o£ the 19~3 Budget Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance Book No. 19, Page 279.) .54 Hr. Hlntonmoved the adoption of the Ordinance, The motion was seconded by H~, ¥oody and adopted by the following vote! AYSSt NesSrSo Nlnton~ Yaldrop~ ¥oody~ Young, ard the Presidentj lit-. NAYS~ None ........... O, TRAFPIC= A co~enunicetion from Hr. Irvin L. Hanning, Chall~nan of the Parking Committee, H. Ho HacKenzie ~hapter ~3~ Disabled A~erlcan Yeteranae askin~ that paraplegic and amputee World War II veterans be permitted to park free at any time in any metered parking space f~rperlod of time not to exceed eight consecutive hours instead of three consecutive hours aa at present, havin~ been referred to the City Hanager for studyj report and recommerdation, he submitted the followlr~ reports eRoanokee Virginia Xe~ch To The City Council Roanoke, Virginia 6entlemen~ You referred to me, In your File ~0, a letter from Xanning, Chairman of a Committee for Disabled Veterans. · Under an existing o~dinance, the t t~ue allowed for paraplegic and ~rputs veterans to park is three consecutive ho~rs; and the a~e r~questing eight consecutive hours. Urger the three-hour plan, it would be a simple procedum to move to another meter for three additional hours, ~hich ~ould give six hours. However~ we see no objection to an eight°hour limitation and believe that it is a~reeable. Respectfully aubmlteed~ (~l~ned) Arthur $. O~ens City On ~otion of l~. Waldrop, seconded by Hr° Hlnton and unanimously adopted, th, ~atter was referred to the City Attorney for prepa~ation of the proper 0rdinmce. HUNICIPAL ~UILDIEGt The City Manager submitted the following report, with reference to establlshir~ a communications center in the Hunicipal ~Roanoke, Virginia ~arch · o The Clty Council Roanoke, Virginia - 6entlemen: ' In our Budget for 1953, provisions were made and I advised you gentlem~n of a plan we had to combine our comuunications services at one polnt. would improve the radio and telephone services to the Civilian Defense,-Polt~e and Fire Departments, and all other City departments. I believe that i explain~d this fully to Council; but in order that the action may be fully concurred in by record, I would appreciate your approvin the following proposal: ~COKMUNICATIONS PROPOSAL 1. Consolidate all radio and telephone control equipment into one location in City Hall. 2. Place all communications under one communications officer. 3. Telephone switchboard to be manned by present two woman operators during regular office hours and control to be switched to radio switchboard during off per,ods. ~. Radio switchboard to be manned by two men (present police and flre operators} on eight hour shifts. Overload to be taken care of by comnunications officers and police and fire personnel during emergencies.' 5. Transfer fire and public works radio from police to separate channel to relieve overload.~ Obviously, the work will be done within the current appropriation. Respectfully submitted, (Signed} Arthur S. Uwens City Manager" H~. ¥oun~ moved that Council cor~ur in the proposal submitted by the City Managel% The moti'on was seconded' by Hr. ~/oody and unanimously adopted, STATE RIOHWAYS WITHIN CITY LINITS! The City Hanagar submitted the following report, with reference to the transportin~ ~f explosives through the city and the handling of gasoline~ 'Roanoke ~ Virginia March 2, 1953 To The City 6ouncil Hoanoka ~ Virginia (}entIemen= You referred to mo at our meeting on February P~, 1953, a letter From a ct'tizen in ~hich the transporting of explosives through our city and the handlin~ of gasoline was brought to your attention. It should be obvious to members of Council that we are aware of thc dangers of exploeives and ara constantly working with truck companies and transportation co~panies toward routing, the trucks correctly through the We, of course, have made provisions for the harflling of gasoline in OUr new ~ulldin~ Code which we expect to adopt in March. ! see no need to racom end any action whatsoever to you gentlemen. Respectfully aubmitted~ (bi,ned) Arthur City Hanaiee" Th.e report was filed. ALMSHOUSE.. The City Manager submitted ~l'ltten report from the Almshouse for the month of January~ 1953, shcwin~ a total expense of ~1~339.0~, as compared with a total expense of $1,~96o93 for the month of Janua~y~ 195~o The eepoet was filed. CiYY ?HY$IClAN: The City Manager submit ted written report feom the City Physician foe the month of January~ 1953, showir~ 795 office calls and 979 prescrip- tions filled, as compared with 780 office calls and 8~5 prescriptions filled for the month of January, 195~. The report was fllod. DEPAi~T~NT 0P }UBLIC WELFARE: The City Man. er submitted weitten report fro~ the. Department of Public h'elfare for the month of January, 1953~ showing 1,h81 cases handled at a total coat of ~?O, a61.91, as compared with 1,~76 cases handled at a total cost of ~63~103.5~ for the month of January, 195~o The report w~s filed. REPORTS: The City Manager submitted written reports from the Hurrell Memoria Hospital for the months of December, 1952, and January, 1953, the City Market for th~ month of February~ 1953, the Department of Public horks for the month of January, 1953, and the Health Department for the month of January, 1953. The reports ~ere filed, REPORTS O? DEPARTHgNT OF PUBLIC WORKS.* Bids on a Maintenance Mixer havLng beene eferred back to n committee For further study and report, the co~ittee euhu!tted the follo~ lng report: "February ~6, 1953 Roarmke City Council Roanoke, Virginia Gentlemen: Complying with your directive of February 13, 1953, pertaining to bids on maintenance mixer, the following report ia submitted for your consideration A second demonstration ~as conducted on the mo~ning of February 25 at the City 8Bed lot on Salem Avmue From 10~00 a, m. to 12~30 p, m. The fell,win machines were demonstrated to the entire com~itteel Patchmoblle, Nixell HcConnty, Tho details of o~eration and output capacity were studied and observed by checkin~ with stop Matches and thermometers, Pictures of machines in operation were taken, Your co~ittee, after a competitive demonstration, is of the opinion that the Barber-Greene maintenance mixer, ~nich fully me,ts the specificat~ons called for in the bids, ia the piece of equipment for the best interest of the City. It is further pointed out that the facts and information as submitted to in our report dated February 2~ 1953, is substantiated correct and is reaffirmed, a copy of ~hich is attached hereto, Your committee recommends that the Barber-Greene Mlxall be purchased, Respectfully submitted, (Signed) Arthur -~. O~ena City Manager (Signed) Jno. L. Wentworth Director of Public Works (Signed) H. Cletus Broyles City Eng, ine er (Signed) R. B. Moss ~urchasing Agent" Mr. Woody moved that Council concum in the recommendation of the cor~lttee and that the matter be referred to the City Attorney for preparation of the proper Resolution. The motion was seconded by Hr. Young and unanimoualyadopted, BtrDGET-LI-~RARY: A com.~unication from the President of the Roanoke City Publ Library Board, with reference to the use of State Aid funds to increase certain in the Library budget, having been referred to the City Manager and the City Auditor for study, report end recom~end~tlon, the committee submitted the follouing report.' ~Roanoke, Virginia March 2, 1953 To The City Council Roanoke, Virginia 6ent lemen.' In reference to the Llbraryts request for the utilization o£ State funds for salaries and books, $~93.58 in State funds seems to be available. Of this, it la proposed that $500.00 be edded on to the Circulation Librariants salary, making the figure ~3,320.00 per year, ~200.CO to be added on to the Gainsboro Branch Librarian's salary, making it $2,900.00. The balance of $193.58 could then be added to the Llbraryts book and perlodl~al account, making it ~13,19~.58 for the year. Pending the receipt of these State funds, we find this proposal as suggested correct. This will not involve any City monies. Respectfully submitted; ('~lgned) Arthur S. Owens (Signed) Barry R. Yates# Hr. Minton moved that.further consideration be given to the matter at an infor~al meeting to be held at 8:00 o'clock, p. m., March 5, 19~3. The motion was seceded by Mr. Young and unanimously adopted. DEPOSITORIES.' The request of The Bank of Virginia that Section l, relating to designation, Chapter 21, relatin~ to public depositories, o~ the Code of the City of Roanoke, be amended, having been referred to a committee for the purpose of workin~ out a reasonable solution to the question, the com_~lttee submitted the follc report= "January 22, 1953 TO THE COUNCIL O? THE CITY 07 ROANOKE: Gentlemen= You referred to the undersigned co~=aittee, for report and the request of the Bank of Virginia that Section 1 of Chapter 21 of The Code of the City of Roanoke be amended so as to designate that bank as one of the depositories for public moneysc~ the City, which may be subject to current withdraws! on check. The section designates that bank as a depository for City f~Anda not subject to check. Thc section presently designates the following banks as depositories for City furds~ subject to current withdrawals on check, In the approximate percentage listed after each; .viz.: First National Exchange. ............... Colonial-A~arican National... Mountain Your committee feels that the Bank of Vlr~inia' should be designated, along with the other three city banks, as such a depository. Youl~ com~tittee believes that the percentege of City.money ao deposited in each of the four banks should be ~pproxlmately the same percentage that the a~ount of bank stock tax paid the City by each of said banks bears to the total amount paid by all of them. We call your attention to the fact that in arriving at the a~unt of the bank stock tax payable to the City the assessed value thc real estate owned by each bank Is deducted, Hence such procedure also takes Into account the ratio of the real estate tax paid the City by each of the banks. Last year the amount of bank stock tax paid the City by each of the banks; the ratio each bears to the sFgregate; and the nearest round percentage ia as Follows: First National Exchange Colonial-American Nat lonal 9,O~9.58 ~6.81 Mountain Trust Bank Bank of Virginia Your committee, therefore, recon~e~le that the section be amended so es to designate each of the last above named local banks ae depositories for public moneys of the City,. subject to current withdrawal on check, in the approximately percentages next above stated. Your committee further reco~uends that the section be Further amended ao be to delete the, no longer existent, Liberty Trust Come, any aa a designer depository for City funds, not subject to check. Accompanying this letter l~ a draft of an a~er~ment of the section which, if passed by Council, would carry out all of the reco~r~endatlone made hereln~ Res · pect~ully submitted, (Signed) C. R. Kennett (Signed) Harry Mr. Waldrop moved that ounci1 concum in the recommendations of the co~ittee and that the followin~ Ord!nance be placed upon Its seconded by F~. Woody and adopted by the Following vote: At'E~: Messrs. Minton, Waldrop, Woody, Young, ar~ the President, M1~, Webber-~ NAYS: None ................ O. {#11730) AN ORDINANCE to amend and reordain Section 1, "DesfgrmtIon", of Chapter 21, "Public Depositories", of ~heCode of the City of Roanoke. BE IT ORDAINED by the Council of the City of Hoanoke that Section 1, "Designation", of Chapter 21, ~Public Depositories", of TheCode of the City of Roanoke, be, and the same is hereby, amended and reordained to read as follows: Section 1. D.e,el~.nation° The following named banks are hereby designated as depositories fo~ ell public moneys of the city, which may be subject to current withdrawal on check, and all such revenues of the city shall be currently deposited in the depositories hereinafter designated at the rate of per cent shown o~posite the banks indicated, t6 the total of all current checking Funds eo deposited, viz.: First National Exchange Bank ....................... 53% Colonial-American National Bank ............ ~ountaln ,rust ~ank ................. :::::::: ....... l~ Bank 9F Virginia ................................... ~r as closely 4pproxIm~te thereto as may be practical. The above named banks ara hereby also designated as depositories for any par or all city funds, not subject to check, which may be placed on interest bearing time deposit, for any moneys of the city, including cash resources of the sinking The Ordinance having been read, was laid over. ZONIN]: Action on a request for reson~ng f~om ~eclsl ReaidenceDletrict to iBusiness District a certain rectan6ula~ parcel oF land situated on the northwest of Franklin Road and Janette Avenue~ S, W,, frontin6 22~ feet on ~a~lin . Road and 12~ fleet on J~etta Avenue~ beans a p~t o~ the tract oF la~ desl~ted OfFicial No, 103110~, hav~ hear deflected until the present meetly,, the matte~ again before Cou~il, In ~is co~ection, Dr, W, F. Colll~ appeared barfers Co.oil in opposition to the proposed rezonl~, Dr. Collins notl~ ~at Col. ~, D, Both, owne~ off the tract oF la~, has previously stated that he w~ld ~[thdraw his request Fo~ rezonl~ IF his neighbors objected to At, but that so ffa~, despite vigorous opposition From his neighbors, he has made no move to withdraw. Also speak~ In oppos~tion to the proposed rezoning, was ~. Jo~ H. Pence, Jr., ~o voiced the opinion that the rezoning would benefit only one per,on, the o~er oF the property. With ffurth~r referees to the matter, Hr. Richa~ F. Pence, Attorney, representi~ residents In the aFFected area who ~e opposed to the rezonl~, again urged that the ~quest For rezoni~ ~ denied, ~. Pence pointing out that the ~residents in that section ~uld have opposed the rezoning oF property so~th off the above tract oF 1~ at the t~e It was rezoned had they been aware of ~ ffact that the question was bein~ considered by Speaking in behalf oF the rezoning, was ~, ~. T. Edwa~s, Attorney, representing the petitioners flor rezonf~, ~.~da ass~ing Council that ~e build lng his clients intend to erect on the parcel oF land IF it ~s rezoned fop bus[ness can be used ffo~ ~ other type oF business except the one originally contemplated. ~ Also speaking in behalf oF the rezon~g, was Col. Booth who stated that he i; .... t see ho~ a~ of the obJector~ can be ~fected by th ...... in. ..... 7 o~ the Eve~ono present having been given an opportunity to be he~d on the matte~? ~. ~1nton moved that Co~cX1 reject the reco=e~ation of the CXty Pla~in~ Co~iss~n that the request for rezonln~ be ~ranted ~ thai the request be denied. ~e motlon failed for lack of a second. ~ After s~u.therdi ..... ionofthe~tte..~. Youngvoicin~theopln.onthst ~ihe~ erectlon of a ~ocery store on the p~opeety so~th of the above tract of la~ ~s ~lready ~fected residential p~perty values In the sur~uMln~ area and has added ~ }~ fflc congestion, and that the surroundln~ ares ~lll not ~ffe~ any further deprecl ~ ion from the erection of the p~posed bulldl~ but that, ~athe~ the p~oposed bulldln ~i11~ be an asset in that it will keep u~esirable business f~m said tract oF la~, ~he~ only othe~ property that could be used fop business bel~ ~at of the objecting ~operty o~ePs the~elve~ ~. Woody moved that Council co.cuP in the reco~e~at~o~ %f the request fo~ rezo~ng be ~ranted and that ~e City the Co~lss ion that ~ollowin~ Ordinance be placed upon its first reading. ~e motion was seceded by ~oun~ and adopted by the follo~i~ A~: Hessr~..Wsldrop, Woody, You~, and the President, ~. gabber ..... NAYS= ~, Hinton .......~ ...... (~117]1) AN ORDINANCE to amend and reenact Article I~ Section 1, of Chapter Sl of the Code of the City of ~oanoke~ ¥1rginias in relation to WHEREAS, application has been made to the Council of the City of Roanoke to have a certain rectangular parcel of land situated on the northwest corner off Franklin Road and Janette Avenue~ 5. W.~ f~onting 2~S feet on Franklin Road and 12~ feet on Janette Avenue, bainS a part of the tract of land designated aa OFficial No. 10]l106s rezoned from Special Residence District to ~ueiness District, and WHEREAS, the City Planning Commission has recommended that the above parcel of land be resoned from Special Residence District to Business District aa requeste~ and Wh~EAS, notice required by Article XI, Section ~3, of ~hapter Sl of the Code of the City of Roanoke, Virginia, relatin~ to Zoning, has been published in "The Roanoke World-News", a newspaper published in the City of Roanoke, for the tl~e required by said section, and WH~AS, the hearing as provided for in said notice published in the said newspaper uae given on the ~th day of February, 19S3, at ~=00 o~clock, p. m., before! the Council of the City o£ Roanoke in the Council Room in the ~uniclpal Suildir~, WH~RF~AS, said hearing was continued until ~=CO o~clock, po m., February 16, ' 19~], on Which date evidence both for and against the rezoning was submitted, and WHE~F~S, this Council, after taking the application for resorting under advisement and conaiderin~ the evidence sub, it%ed, is of the op nion that the above parcel of land should be rezoned as requested. THEREFORE, B~ IT ORDAINED by the Council of the City of Roar~ke that Articlell I~ Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating t~ Zoning, be amended end reenacted in the following particular and no other, viz; The rectangular parcel of land situated on the northwest corner of Franklin Road and Janette Arenas, S. W., fronting ~R5 feet On Fr~mk~n Road and l P5 feet on Janette Avenue, being a part Of the tract of lend designated on Sheet 103 of the Zoning Map as Cfficlal No. 1031106, be, and Is hereby changed from Special Residence iDistrict to Business District~ and the Hap herein referred to shall be changed in this respect. The Ordlnar~e having been read, was laid over. ZONIN~: Gouncil havlr~ deferred action on a request for rezoning from General Besidence District to Buslness District a six-acre tract of land located on the sout~ ~rand~n body.~ud Lick Greek, designated as Official No. 16~0101, the matter was again, before the In this connection, a large delegation of property owners in the vicinity ~the six-acre tract of lend appeared before Council in opposition to theproposed Among those speaking in opposition to the proposed rezoning, were Fr. R. Elliott, Fr Raymond P Barnes, }~rs George R Foots Fr ~elvin B Coleman Fr A. E. Kessler, Fr. R. W. Kraft, Fr. Raymond A. Nenntng and Hr. Andrew Yuhaa. Speaking in favor of the proposed rezontng, were Fr. Morris L. Haslnter~ Attorney, representing the petitioners for rezoning, end Mr. E. H. ~aldron, one of ,59 to the installation of a water system that may be necessary to servo the six-acre tract of land an a~ount equal to the cost of the installation of a well o£ such size and depth that would be necessary to supply the water for the land. A discussion then followed as to the difference in the cost of furnishir~ city water service to the six-acre tract off land and di£gin~ a well~ Hr. Hasintor statin~ that if the above proposition ia ncr szrscabls to Council his clients ara willing to meet the requirements of the city For the fnrnishin~ of city water servic to the tract of land. The President, H~o Webber, pointed out that the question as to whether or the tract of land is to be rszoned will be decided solely upon Council's opinion as to whether or not the land is suitable for business purposes or residential purpose~ and that the matter o£ ~urnl~hing water to the tract of land is not a condition precendent to the resoning thereof. Evel~yone present having been given an opIortunity to be heard on the matter~ and Hr. Young co~w~enting that in the present instance there has been no adjoining property resorted for business purposes to depreciate residential property values in the surrounding area, and that he will never vote for any rezoning which would destr~ property values, Hr. Hlnton moved that the request for resonln~ be denied. The was seconded by Hr. Young and adopted by the followir~ vote: AYgs: Hessrs. Hlnton, Waldrop, Young, and the Fresident, Hr. Webber ..... NAYS: Hr. Woody ............. STREETS AND ~LEY$: Action on the question of widening the south side of Bullitt Avenue~ 3. W.~ between Jefferson Street and Plret Street~ havir~been deferred until the present meeting of Council, the matter was again before the body~ i!a group of merchants appearing before Council in connection with the question. In this connection, the City Clerk brou/aht to the attention of Council a communication from Hr. Robert W. Cutsha11, Chairman of the Traffic and Off-Street Parkir~ Committee of the Roanoke Chamber of Commerce, as follows: "February 28, 1953 Hon. Roy L. Webber Hayor of Roanoke Roanoke, Virginia Dear Hr. Webber= The Traffic and Off-Street Parking Committee of the Roanoke Chamber of Commerce, at its first meettn~ Priday, passed a resolution recommending the widening of Bullitt Avenue. 'hie letter is directed to each member of Council to assure your prompt, attention to our recontnendatlons. The Committee urges your immediate consideration and action in the matt of widening by 10 feet the South side of Bu111tt Avenue~ between Jefferson and First Streets~ Southwest, as outlined at the February 24 meeting of Council. It is our studied opinion that the existing width of Pullitt Avenu is inadequate to channel the increasing flow of traffic. Failure to widen avenue will result in serious traffic congestion when the multi-level garage, with its main entrance on Bullltt Avenue~ is completed and in opera- tion. The Committee agrees that the estimated cost of $~2~000 for widening this area is a reasonable one, and that any delays in affecting this project would result in successively higher costs to the people of Roanoke if it attempted at a later date. We respectfully ask your recognition of the fact[ that this admirable program of private enterprise~.sponsored and directed by. the Roanoke Hcrchants~ Association, is a distinct contribution to Roano~® toward the solution of our off-street parking and traffic problems. Our Committee is further agreed that this parking garage will add substantially to the real estate tax revenue of the city, and that these revenues will be. sufficient to amortize within a few years the entire cost of the street widening project. In addition, other tax producing structure~ will be erected within the commercial influence of the garage. Our overall merchants~ license revenues will be increased considerably as a result of improved business conditions that can be attributed to superior parking facilities. We ask your earnest consideration o~ these factors that are of vital importance to Roanoke~e continuing growth as the com~uercial and trading center for all of Western Virginia. Yours sincerely, C~lgned~.R, ~. Cutshall Robert ~. Cutshall, Chairman Traffic and Off-Street Parking Committeee With further reference to the matter, MI-. Earl A. Fltspatrick~ Attorney~ representing I~r. and ~rs. E. M. Joel, 626 First Street, S. W.~ appeared before Council, advising that to t~ke a strip.off the north side of the tract of l ar~! for street widening purposes would ruin the dwelling thereon, and asked that if the city Intends to acquire any part o£ the above land in the proposed street widening proJec that it acquire all of said land, Mr. Fitzpatrick pointing out that ~his will lncrea an original estimate of $~2,000.O0 for the project, After a further discussion of the question of widening the a~uth side of Bullltt Avenue, S. W., /4r. Woody offered the following Resolutions (~11712} A RF~0~UTION expressing the intention of this Council subsequently to cause Bullltt Avenue, between Jefferson and First Streets, S. W., to be widened. ~For full text of Resolution, see Ordinance ~ook No. 19, Page Mr. Woody ~oved the adoption of the Resolution. The motion was seconded by }ir. Young and adopted by the following vote: AYESz Messrs. Minton, Waldrop, Woody, Young, and the President, Mr. Webber-5t NAYS: None ............. The President, Mr. Webber, then brought to the attention of Council the following list of necessary procedures to be followed in the widening of the street: City Attorney - Prepare propep papers ar~ notices in accordance with law closin~ the alley between lots ~23-~-25-26-27 and portion of lot ~28as shown on Appraisal Map Sheet ~101. City Manager - Secure 90-day option and cost from First National Bank right to purchase 10 feet on the north side of lot #25 as shown on Appraisal Map Sheet #101 with rlght to convey to Lee Keedick, ol~ner o~ adJoinln~ lot #2~, In exchange for 10 feet on the north side of lot ~2~ to he used for street widening purposes. Cl{y Manager - Secure 90-day o~tion and cost for right to purchase a certain portion of Lot ~19, 10 ftx 15.5 feet extreme north end of lot, owned Dy Roanoke Implement Company, Appraisal Hap Sheet City Manager - Secure 90-day agreement option,from Lee Keedlck to exchange l0 feet of land purchased from First National Exchang, e Bank. lot ~25, for 10 feet of land on the north side of lot #~ to be used for street ~rldenfng purposest Appraisal Map Sheet ~lO1. Also coat of buildings on lot ~2h to be sold to the City. City Manager - Secure 90-day option from Lee Keedick giving the City the right to purchase 10 feet on the north end of Lot #22 to be used For street widening purposes. Also agreeing to take down portion of buildings facln~ north and rebuilding on the rear of the present b~lldlngs. Appraisal Map Sheet #101 6. The Joel Property, Lot 16 Appraisal Hap Sheet ~101 to remain as it Is until a later date. The street to be widened at this point as much as possible without dncroachlng upon private property. 62 City Attorney - Agreement from Hr~ Carbau~h to donate sufficient land by cloein6 the alley on the north side of lot J28, Appraisal Map S~eet ilO1, to extend ~. ~eedickts bulldi~s to the~ p~ope~ depth~ If la~ ~ necessary to-ca~ out ~, Keedick~ 8. C~ty Attorney - P~per papers acceptl~ 10 feat of 1~ on ~rth e~ of lot ~2~1-~ as show~n Appr~sal Hap ~heet ~101~ a~ certain footage on sou~ end of lots ~0-~1-~ a~ sou~ side of ~t · ~8 aa sh~n on m~ settles up ~e set-back l~nes fo~ Day Avers ~rth side, donated through ~e kindness of C~baugh a~ Parkl~ Garde, Inc.' On ~tion of ~. Woody, seco~ed by Mr. You~ and unan~ously adopted, the list was referred to the City At~rney, the City Maker a~ the City Auditor to out ~e details. WAT~ D~T~Ts C~ncll-at its last m~ting havl~ deferred action on a co~nication ~om ~. ~. E. ~ogle, 1023 Persinger Road, ~. W., notifying the body that he la ~t installing a ~lief valve on his property, ~ ~at if the present water pressure Is changed to high water pressure ~d there is a~ damage done to his hous~old equipment, he inters to hold ~e city responsible for all d~ages, ~tter vas again before Council. ~. Woody moved that the co~untcatton be filed. The ~tion was secorMed by Mr. Waldrop s~ unanl~usly adopted. WAT~ DEPIR~: Council at its last meetl~ having deFe~red action on the ireco~e~ation of ~e City Manger that Resolution No. 10105, authorising a~ directing the City Manager, upon re.est, to have connections made for water service in the Idlewlld P~k ~ Kenwood Addition sections, be repealed, the matter was again before the ~dy. After a discussion of the matter, ~. Wo~y moved that Council concur in the reco~endation of the City Managem and offered the Followt~ Resolution~ (~11733~ A ~SOL~iON repealing a Resolution adopted by the Council of City of Roanoke, Virginia, on the 8th day of August, 19~9, No. 10105, entitled, Resolution authorizing a~ directi~ the City Manager, upon request, ~ have tions made for water service In t~ Idle~lld P~k and Ke~ood Addition sect~ns", and p~viding for an e~rgency. (Po~ full text of Re~lutton, see O~fnance Book No. 19, Page 280.) Mr. Woody moved the adoption of the Resolution. ~e motionwas seconded by ~. Young a~ adopted by the followl~ vote: A~: Messrs. Minton, Waldmp, ~'oody~ You~, and the President, ~. Webber- NAYS: None ......... O. 5ID~K, ~RB ~ 6~: Council at its last meeting having referred the ~tter of constructi~ sidewalk, curb a~ ~tter along. Hl~la~ Ave~e and replacl~ the exist~g sidewalk on Franklin Road, at the site of the new St. Hark's ~theran Church on the southeast corner of Hlghl~d Avenue and Franklin Road, S. W., at the e~ense of the city, In excha~e ~or t~ donation of five feet of la~ along the Hlg~a~ Ave~e side of the ~w ch~ch site, to the City Hanage~, for study, ~port ~d ~co~e~ation, the matter was again before the body, the City Manager submitted verbal report that the a~ve item la a fair excha~e and reco~ending ~at the pro- ,ositlon be accepted. ~. Young moved that Council c~cur-in the ~co~endation of the City that the matter be ~eferred to the Ci~ Attorney for approval of the proper Ordinance to be prepared by ~. R. T. ~w~ds, Attorney, representing St. Mark's Lutheran .Chu~cho The motion ~s seconded by H~. Yaldrop and unanimously adopt ad, CON~IDERATIO}{ OP CLADtSt }{one. INTRODUCTION A~D CONSIDI~A?ION OP OF~)IRA~CES A~ RESOLUTIONS: AIRPORTs Tho City Attorney havir~ bean requested to prepare the proper Rssolu.tion~ authorizln8 the execution of a col~tract with Insurographe lncorporateds for the servicin8 of airline trip insurance dispensing machines at the Roanoke Hunicipal Airport by the City of Roanoke~ presented same, Alta{, a disc.ussion of the matters the President, Ne-. %{ebber~ voicing the opinion that city personnel should not be used to service privately owned machines, iend the City Attorney voicing the opinion that the use of city personnel roi' the above purpose is proper 'in that they are performing a public service, H~. Hlnton offered the following Resolution{ (~ll?3h) A RE~0LUTION authorizing the City P~nager, for and on behalf of tha~ City of Roanoke, to execute a contract with InsurograPh, Inc. (For full text of Resolution, see Ordinance Book No. 19, Page Huo Hlnton moved the adoption of the Resolution, The motion was seconded by Kc. Waldrop and adopted by the £ollowir~ vote: AYES: HassrSo Hinton, k'ald~op, %~oody ~d You~ ............ }{AYS: The ?resident, H~. Yebber .......... 1. SALE OF PH3PERTYr The C~.ty Attorney havinF been requested to prepare the proper Ordinance, providin~ for the sale of property deelFnated aa Official ~0~08]1 to .V~e. Virsinia ~llson. Truesdell fo~ ~1~O°00 net cash, presented sam. e; whereupon, Hr. ]~aldrop moved that the following Ordinance be placed upon its first reading. The motion was seconded by Hr. k~oody and adopted by the followfnF vote: AYES: Hessrs. Hinton, %~s/drop, %~oody, .Young~ and the President, Hr. ~ebber-~. }{AYS: }{one ......... O. (#11735) AN ORDINANCE providing for the sale nfa small lot located at the northwest intersection of Chestnut and Lherry Aveuues~ Ho ~., Official Tax Humber ~0~08]1, by the Cl.ty of ~oanoke to (Hrs.)Vlr6inia k'ilson Truesdell~ at a considera- tion of $1~0.OO cash and authorizln~ the execution and delivery of a deed therefor. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That sale be made by the City of Roarnke to (Hrs.) Virginia {~ilson Truesdell of that certain small parcel o£ real estate located at the northwest intersection of Chestnut and Cher~y Avenues, }{o %~o, Official Tax }{umbel- 20~0~31, at a consideration of $1~0.00 cash; provided the grantee shall covenant and a~ree to remove the delapidated building located upon said property.within s period of six .(6) months, from the date of the deed herein provided for. 2. That the proper City officials be, and they are hereby, authorized and directed, for and on behalf of the City, to execute and deliver a proper deed, to be prepared by the City Attorney, conveylr~, with Special ~arranty of title, the above described property to the proposed purchaser and to delivel' the same, properly execu upon receipt of the cash consideration. The Ordinan. ce havln~ been reed, was laid over. SALF. OF ~OFE-RTY: The City Attorney havinF~ been requested to prepare the proper Ordinance, providing for the sale of property designated ss Offiolal No. 1130112 to Hr. Harry Shay for ~500.00 net cash, presented same; whereupon, Hr. Woody moved that the following Ordinance be placed upon its first readinF. The motion was seconded by Hr. Hlnton and adopted by the following vote: AYE~ {{easts. }{lnton~ %;aldrop, {;cody, Young, and the President, Mu. NA¥-~ ~ Nons ......... O. : (~117~) ~ O~DIH~C~ p~vid~ fo~ the .~e oF Lot 1~, Block 1~, ~asena, Official Tax ~o. 113011~, by ~e City of Roanoke to Ha~ Shay, at a co~[derat~on of $~0,~ cash a~ author~zin~ the execution a~ delivery o~ · deed therefrom, Bg IT O~D~ by the Council oF the City oF ~oanoke ~ Follo~sg 1. ~at tale be ~de by ~e G[ty of ~oanoke to H~ ~hay oF Lot l~s Block l~,~'asena, O~c~ Tax ~o. 113011~, at a co~derat~on o~ ~,~ cash. ~. ~at the proper C~ty off[c~s be, a~ they ~e hereby~ authorized and directed, for a~ on ~half of the C~ty, to execute and delivery a p~oper deed~ to be prepared by the c~ty Attor~y, conveying, with ~pec~ ~arranty of t~tle, the abovedescr~bed property to the proposed p~chaser a~ to deliver the s~me~ properly executed, upon receipt of the cash considerat~on. The 0rdinanee havl~ been re~, ~aa lald ~S: The Cit7 Attorney havin~ been req~e~fed to prepare an Anti-rabie~ Do~ jjVaccination Ordln~ce, presented ~n thl~ co~ection, ~e City Clerk b~u~ht to the attention oF Council a - ~:co~tcation From Hr. J. ~y ~ither~, obJectin~ to ~e compulsory lnocul~tion oF ~[ gs g r les, Hr. Withers voicing the opinion tMt such a law will ~t be ![enforced and comenting that If the law p~hiblting dog~ f~om ~unni~ at large were .strictly e~o~c~d the vaccination o~din~e ~uld not be In a ~rthev discussion of the matter, My. B. B. Ha~en appe~ed before Council and complained that the fee fo~ vaccinating dogs will be too~$ in view of Ithe fact that dog o~s are already payl~ a co~a~atlvely hl~ fee for dog tags. · ~ Dy. J. N. ~dley, Co~i~sionev of Health, w~ was p~sent at the acetic, le~lal~d that the fee ~lll not be ~y hlSe~ th~ the actu~ co~t Of the set~ a~ the cost of the vetevina~l~ performing ~e ~ccination. ~. Minton suggested ~at the City Manager ascertain ~ether or ~t the state will ~rM~h the necess~ ser~ to the city free of chauEe. Al~o enteui~ into a discussion on various p~ovislons of ~e p~oposed Ordinate, were DP. How~d D. Sackett~ vete~tn~lan~ Mrs. M. J. Lucas ~d Mp. O. EPic ~achers. Eye,one p~esent havl~ been given an opportunity to be ~d upon-the a~ Council haY!nE unanimously aEreed upon ~e ~o~%s to ~ included in the measure for the keepinE of does at ~e do6.pou~ ~d fo~ violation of the provisio~ thereof ~. You~ moved that the followin6 Ordinance be placed upon its first reading. The uotion ~as ~co~ed by M~. ~aldrop a~ adopted by the ~llowi~ vote: ~S: Messrs. Minton, ~ald~p~ k'o~y, YounE, a~ the P~esident, H~. Webbe~-~ N~S: None ............. O. (~11737) ~ ORDINAN~ requlrl~ the l~nization of certain do~s aFai~t Pabies and establishinE the procedure, ~les ~d re~lations relative thereto; autho~lzi~ the Co~issio~p of Bealth to establish Pequisite clinics and lnvestinE aim with cePtain ~thoulty In the premises; p~oviding penalties fo~ violations; defil l~ certain terms a~ providtn~ for the citation of the BE ~ 0~AI~ by the Council of the City of Roanoke as . Section 1. The followi~ words a~ p~ases when used In this ordlnanee shall the followi~ (a) 'Comlseloner" oo The Co~lssioner of Health of the City of Roanoke or hie duly authorized representative, (b) "Treasurer" -- The Treasurer of the City.of Roanoke. (C) "DOE" -- Ever7 dog regardless of (d) "O~ner~ -- Every person havin~ a rl~t of property in ? doe Or who keeps or harbors a dos, or who has a doS in his or her care, or ~tt.o acts as its custodian, (e) m?o run at larger or ~running at large" oo To roam~ loiter, walk ~r run off the property owned~ occupied or temporarily or permanently used by an io~ner in the City of Roanoke except upon leash held by a competent custodian. (F) 'Vaccinate~, '¥accinated" or "Vaccination" -- The i~unization of a doe against rabies ~hether by inoculation, vaccination or any other method or treatment approved by the Co~-~lesionsr, Section Po It shall be unlawful for an o~ner to allow a dog to run at in the city unless such doe has been vaccinated within.twelve months prior to the First day of July of each year, either at a clinic established by the Co~miseioner .For the purpose or by a licensed veterinarian authorized to practice veterinary medicine in the State of Virginia° A charge shall bo made for the vaccination of !dogs at the clinic ~hich shall not exceed the actual cost of vaccination~ · xcept that in any case ~here such charge ~lll result in a demormtrable undue hardship upon an o~ne~ such charge shall not be made. Section ~. Every doE that has been vaccinated shall wear ? substantial collar and a ta~ of such material and design as shall be prescribed by the Com~Issioner ~hal~ be securely fastened to the collar, on which shall appear the date on which the dog was last vaccinated. Section ~. It shall be unlawful for any o~ner to allow a dog to run at large in the city at any time without the collar with the ta~ required by Section 3 securely fastened thereto. Section ~. At the t~e a dog is vaccinated, a certificate of such fact shall be issued to the owner~ which shall contain a description of the doE. the nm~e of the owner, the date on which such vaccination took place and the type of vaccination used, which shall be signed by the veterinarian ~ho vaccinated the Every owner applyir~ for a ltcense For a dog shall exhibit to the Treasurer the certificate so issued showing that the dog was vaccinated at some time durin~ the t~elve months lmmedlately precedin~ the day on ~h~ch the license is issued. Should the owner fatl~ refuse or neglect to so exhibit such certificate .to the Treasurer~ the Treasurer shall, nevertheless~ issue the license hut =~hall record such failure~ refusal or neglect on the record of the issuance of the license ~n his office and shall on the day followin~ the issuance of the license report such failure~ refusal or neglect to the Commissioner. Section 6. It shall be unlawful for an owner to fall. refuse or neglect to exhibit to the Treasurer the certificate issued under Section 5 ~hen applyln~ for a llcense For a dog. Section 7. The Commissioner shall cause all dogs known to be infected with rabies to be killed at the dog pound. In the event of doubt or r~asonable suspicio~ as to such infection, the Co.-~missioner shall cause the suspected dog to be lmpounde~ and confined at the doE pound for such period of time not less than twelve ~ays as is reasonably necessary to determine whether the dog is actually infected with table If it is determined that the dog is not so lnfectedj It shall be released tothe provided ~he dog has been vaccinated as required by this ordinance; but if net vaccinated the dog shall ~r vaccinated at the coat of the owner and then released to the ovnere Section ,8, Every licensed doe found running at large not wearing the colla~ with the tag required by Section 3 with the license securely fastened thereto, shall be impounded and confined at the dog pound until it Is eatabliahed to the satisfactl, of the Commissioner that such dog baa been vaccinated as required by this ordinance, If after the lapse of a reasonable length o£ time the Com~lssioner is not satisfied that the dog has been so vaccinated, it shall be vaccinated at the cost of the ow~r Section 9, Every dog for which no license is required found running at large not wearlng the collar with the tag required by Section 3 securely fastened thereto, shall be dealt with in the same manner with respect to the vaccination of the dog as is provided in Section § for a licensed dog if any person claims or seeks to acquire ownership of the dog, but if not, shall be held and dealt with as an unlicensed dog. Section 10. 1~o dog shall be released to any person unless the license required by law for the dog has been obtained and the dog has been vaccinated as required by this ordinance, and if such license has not been obtained, the dog ~hall be held and dealt with in accordance with law relating to unlicensed dogs. Section 11, The owner of each dog lawfully impounded and c~nfined at the dog ~pound shall be liable for and shall pay the charge of ¥1.00 per day for keeping such idog at the dog pound before any such dog is released to the owner. Section 1~. '*he Co.missioner is hereby authorized to establish a clinic or clinics at such place or places in the city as shall be designated by him ar~ to operate e,~ch clinic or clinics during such tl~ or times during each year as he may deem necessary to afford the owner or owners of dogs an-opportunity to haYe them vaccinated as required by this ordinance. The Commissioner shall establish such clinic or clinics as 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 of such clinlc or clinics that has not been vaccinated within twelve months prior to that day either at such clinic or by a licensed veterinarian aut~rized to practice veterinary medicine in the State of Virginia. Section It. The Commissioner shall prescribe the method or treatment used in vaccinating dogs, and it shall be unlawful to vaccinate any dog in any other Section 1~. Upon proof that a dog infected with rabies is running at 1argue and has bitten other dogs, an emergency shall exlst and the owners of all dogs in the city shall keep them confined in their premises unless secured on a leash for such period of time. not exceed forty-five days, as shall be prescribed by the Com~l~stoner. Section 15. Every owner or other person who violates any provision o~ this ordinance shall be guilty of a misdemeanor and npon conviction subject to a fine of not more than ~5.00 or imprisonment in Sail not exceeding 30 days, either or both, and each violation and each day's continuance thereof shall constitute a separate offense. Section 16, This ordinance s~all be known and cited as the "Dog Z~unization The Ordinance having been read, was laid over. BUSES: The City Attorney having been requested to prepare the proper Resolution, providing flor the appointment of a co~mittee by tho Hayer to negotiate with the Roanoke Railway and Electric Company and the Safety Hotor Transit Corpora- tion relative to their £arns, routes, schedules and operation, he presented a Resolution providing fol' negotiations relative to fares° After a discussion of the matter, Hr. Your~ moved that the words #schedulesw ~outee and other pertinent matters~ bo added to the Resolution. The motion was ~econded by Hr. Waldrop and unanimously adopt~do After a further discussion of the matter, Hr. Minton moved that the words 'and recomaerdation' be deleted.from the last phrase in the Resolution. The motion vas seconded by Hr. Young and unanimously adopted. Hr. Your~ then offered the following Resolution, as amended, providing for the appointment of the co.itt,e: (~11738) A RESOLUTION directing the Mayor to appoint a co~raittee to ne~.otiat~ with representatives o£ the Roanoke Railway and Electric Company and of the Safety .Motor Transit Corporation relative to the present fare structure of said corporation~, schedules, routes and other pertinent matters. CFor full text of Resolution, sea Ordinance Book No. 19, Page 381o) Mm. Young moved the adoption of the Resolution. The motion was seconded hy M~.Waldrop ~nd adopted by the following vote: AYES: Messrs. Minton, Waldrop, Woody, Young, and the President, Mr.~ebber--5 NAYS: None ........... 0. Pursuant to the provisions of the above Resolution, the President, Mr. Webbe~, appointed Vice Mayor Robert W. Woody, Chairman, Councilmen Walter E. Young, Mr. Hart R. Yet.s, City Auditor, Mr. Arthur S. O~ens, City Manager, and Mr. Randolph G. City Attorney, as members of the cor~,aittee. MOTIONS AND MISCELLA~0US ~USINES$: SEWER CONSTRUCTION: Mr. Waldrop brought to the attention of Council a communication from Red ~.Ine, Incorporated, asking that the city extend a sewer line to serve the new terminal building and garage being erected on the company's propert at 2310 Orange Avenue, N. E., and moved that the matter be referred to the City ~anager for study, report and recommendation to the body. The motion was seconded ~ir. Woody and unanimously adopted. There being no l'urther business, Council adjourned. APPROVED. ATTEST: C0~CIL, REGULAR HEETINO~ Monday, March 9, 1953. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Bulldinz~ Monday~ March 9~ 1953~ at PI00 olclock, p. the regular meeting hour, with the President, ]ir. Webber, presiding. PRF. SENTZ Masers. Minton, Waldrop, Woody, Yours, and the President, Webber ................... A~..~E~T .' None ..... 0FPICERS PRF. SE~'~: Hr. Arthur S. Owens, City Manager, Mr. Randolph O. Whittl~ City Attorney, and Mr. Harry R. Yates, City Auditor. The meetlr~ was opened with a prayer by the Revenue Gerald F. Meadows, Pastor of the Glad Tidings Church. MIIFl~TES: Copy cC the minutes of the adjourned regular m~eting held on Tuesday, Feburary 24, 1953, havln~ been furnished each member of Council, upon motion of Mr. Minton, seconded by Mr. Waldrop, and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTESS: ZONING: Notice of a public hearing on the question o£ rezonlng from Special Residence District to Business District property located on the north side of Memorlal Avenue, S. ~., west of Dennlston Avenue, described as Lot 14, and part of Lot 15, Block ~, Section 1, Virginla Heights Hap, having been ~ublished in the Roanoke ~orld-News, pursuant to Article XI, Section 43, of Chapter 51 o£ the Code of the City o£ Roanote, setting the time of the hear~_ng at 2:00 o'clock, p. m., Monday, March 9, 1953, the matter was before Council.. In this connection, Mrs. Fins P. Homer, representing a committee of the ~aleigh Court Civic League, and a group of property owners in the ¥1rglnla Heights- Raleigh Cou~t area, presented the following pet!tIon signed by the officers of the League and twenty-two property owners, asking that the request for rezoning be denied~ "Roanoke, Virginia February 1P, 1952 To The Honorable Mayor and Councilmen of the City of Roanoke, Roanoke, Va. Gentlemen: SUBJECT: Petition for Rezoning from Special Residence to BusinessDlatrict, property at 1911 Memerial Avenue, S. ~., Roanoke, Virginia We, the undersigned property owners in the ¥1rglnla Heights-Raleigh Court area of the City, respectfully petition the Councll that the petition For rezoning of property at 1911 Memorlal Avenue, not be granted, for the following reeons - 1. It is adjacent to the iirginla Heights school property, and will adversely affect the property of the Clty, and might create an additional traffic hazard for the children going to and from school. 2. It would have the effect of reducing the values of the residential property in the area, especially on t~ 1900 block of Dennlstsn Avenue. 3. There has been made available business property zoning on Winborne Stree~ Westover Avenue and Gran~tn Road." Ina discussion of the matter, Mr. F. B. Wilson, Treasurer of the Raleigh Court Civic League, presented a resolution opposing the rezonlng for the same reasons as outlined in the above petition, which resolution had been unanimously adonted by the League. H~a. John ¥ , Hotichaw the petitioner.and c~r~r of the property in quest!cnw stated that property across the street from her has all been zoned for business and :hat she hsd tried to interest the Roanoke City School Board in pu~chazlnE her prope: ty )ut had been advised that they were not interested, Hrs. Hotlcha inaletin~ that the property be rezoned to Appearir~ in opposition to the proposed rezonln~, were Hr. W. L, Scott and ~So Plays S. B~lrd, property ownera~ advising that the area already has enough property zoned for business and that the rezoning would reduce the value ~f reeidenc, in the area, especially in the 1900 block of Denniston Avenue. After a further discussion of the matter, Hr. Woody moved that Council concur in the previous reco~endation of the City Planning Co.lesion and tha~ the request for rezor~n~ be den~edo The motion ~ss seconded by Hr. Your~z and unanimously adopte~ ALCO~0LIC BEVE~A6F~ ~. Robert Ho Thomas, Jr., representin~ the Raleigh Court Civic League, appeared and advised Council that Hr. Israel Tarragano, the end operator of the Triangle Food Hsrket, located at P~09 Brandon Boad, So W., has applied to the Alcoholic~evera~e Control Board for an ofr-pre~Ise beer license, hearlr~ is to held before the ABC Board Hatch 17~ 1~, Hr. Thomas stating that the Lea~u~ is oppoalng the ~rantin~ of the licer~e because of its nearness to the Woodro~ ~llson J~nior High School~ and ia requestin~ Council to adopt a similar resolution, requesting the ABC Board to refuse the ~rant~n~ o£ the license, as ~as adopted in the sppllcatlon of H~o John 6. Jackson, o~ner or the Dairy Fountain at 1979 Carter Eoad~ S. ~., which is in the s~e building. In this connection, Mr. Woody raised the question as to Council's policy in :onnaction with off-premise and on-premise licenses and stated that before Council :o=alts itself to a policy it should know on ~at basis the Roanoke City School Board acts in these cases and whether or not they make any distinction between licenses. Mr. Woody further stated that he could see the danger in an on-premise license, but not in an off-pre,lee license ~hich means there would be no consuaptio~ at the place of business, and further noted that ~rocery stores and many places sell beer to take out and in some instances these places are close to schools. Mr. Thomai' concurred In this and agreed it would not be as objectionable as on-premise licenses and tha~ if the beer is sold unch[lled, there might not be any drinking near the )remises if ltv ere properly policed, stating howeve~ that the School Board had on leveral occasions objected to off-premise licenses. Mr. Woody t~en moved that the matter be taken under advisement for one week and that the School Voard be requested to furnish Council information as to ~hat its policy is with respect to opposition to the granting of licenses to businesses near schools for either on-or-off-premise licenses and distances of such ~laces from schools and other pertinent facts. The motion was seconded by Mr. Waldrop. Mr. Youn~ in a discussion of the motion called Council,s attention to the hearing which is to be held on March 17, 1953 at 2~00 o'clock, atatin~ that Council would p~ob~bly have to act lmediately if the Besolution is to reach the Board in time for the hearing, further stating that he has had the City Attorney prepare a resolution requesting the ABC Board to refuse the granting of the license and the resolution as a substitute motion. Mr. ¥oung~a motion failed for lack of a AFter a Further discussion of the matter and it bain~ pointed out that the resolution if adopted at next weekla meatinR could be m~lled l~ time to reach the A~C Board for the ~ari~ the origl~l ~tion as o~fered by ~. ~o~y vas un~lmou ~opted, ~. You~ co~ntl~ that he voted for ~e motion since it vas apparent could be acted upon next reek In tim for the hearing In PETITIONS A~D 5TR~ A~ A~S-TRA~IC LIG~S~ A comunication f~m Hrs. Cary Thomas, Secretary~ Preston P~k P. T. A,, asking for the open~g and pavl~ of '~lnsloe (~Afee Street), N. ~., ~d the paving of Preston A~nve, N. ~., alo~ vith the installation of a sto~ light at ~e intersection of ~lllia~on Road and Freston Ave~e~ N. ~.~ ~as before Council. In a discussion off the ~tters, It vas brou~t out ~at the street request ~as no~ being ~rked Into th~ street project For 19~3 ~d on motion of Hr. Hlnton, · econded ~ Nr. ~oody and unanimou~ly ~opted~ the request For the stop light vas referred to the City ~anager For reco~endatl~. 5~00~: A co~ntcation from Hr. J. S. HcDonald, Clerk of the School Board su~gestl~ that Council conside~ the acquisition For city pure,es off a Forty acre tract of land ad,scent to the city's Shrl~ Hill pro~rty, ~as before the On ~tion of ~. ~o~y, seceded by ~. ~aldrop a~ un~imously a~pted~ the co~u~ication ~as referred to the City Pl~ni~ Co~tssion and the City Hana~er flor study and reco~endation to Council. 5TR~ LIO~Si A co~nlcatton fr~ the Appalachian Electric Po~er Compmy, settl~ forth the locations of street lights In'tailed during the month of February, 19~, ~as before Council. The communication ~a~ Filed. ST~S ~ ~5: A petition signed by approximately t~enty-four propert~ o~er~ liv[n~ on HszelridEe ~oad, ~. ~., requesting that co~lderation be given to the pavi~ or that ~ome sort of black top treatment be applied to their ~tree~ especially In the ~00, ~ a~ h6~ blocks, va~ before Council. On ~tion of Hr, Hin~n, ~eco~ed by H~. W~drop a~ unanimously adopted, the request was referred to the City M~age~ fo~ study, repo~ and reco~endation to Council st the ~xt re~la~ meett~ of the b~y. BUS~: A co~un~catlon f~m M~. E. A. Wolfenden, advising that From his observation ove~ m pe~[~ of time he is of the opinion that buses operated in the city are violators of the 2~sC~[c ordinances, was before Council. 0n motion of ~. Minton, seconded by Mr. Yo~ and unanimously adopted, the matte~ was ~efe~red to the City Manage~ for study, report a~ reco~endation to Co~cll. SFPOSTS OF 0PFIC~S: S~ CONSTRUCTION: A co=unication ~om M~. J. E. Fogle, 1023 Pers~ngeP Road, S. W., askl~ that ~the~ co~lderation be given to releasl~ Sewer Assessme~s etanding against property located on the north side of Colonial Avenue, S. W., havlz~ been referred to the City Manager for study, report and reco~mendation to Council, City Manager submitted the following report: To The City Council . Roanoke, Virginia Oentlemen: You referred to me in your File ~77 a letter from Mr. J. E. Fo~le protesting a sewer assessment made by your Committee, composed of ~f~. ~. C. Broyles. P~. John L. Yentworth, F~o Hasten K. Moorman, and ma. ! would reiterate my statement which I made previously that a proper hearlr~ was held, an investigation was made at the site, and consideration was given to unusual conditions; therefore, ! recommend no change in the Comittee*e report which you have previously accepted and properly recorded Respectfully submitted, (Signed) Arthur S. O~ena City Manager' Hr. I/oody moved that Council concur in the ~eco~mendstion of the City ~4~nager. The motion vas seconded by Hr. Your~ and nn~nimouely adopted° HEALTIt DEPART~E.~: The matter of requirl'r~ better sanitary conditions in the vicinity of North Avenue, ?ampleton Avenue and East Gate Avenue, No Re, havin~ been referred to the City Hanager for investigation, the City Manager submitted the folle~ ng roper ti 'Roanoke, Virginia March 9, 1953 TO The City Council Roanoke, Virginia Gentlemen: You referred to me, at the suggestion of Councilman ~ohn B. t~aldrop, a request that we investigate sanitary conditions in the vicinity of North Avenue, Templeton Avenue and East Gate Avenue, H. E. The Health Departr~nt has made a ,survey and adequate notices have been posted in conformity with the Housing and Hygiene Ordinance. Respectfully submitted, (Signed) Arthur S. Owens City Manager" The report was filed. GRADE C~OF~!RG$: The City }ianager submitted the following report, with reference to s request from Hr. Htchard M. Trent of Butldir~ Units Company, for permission to cross Froadway (Bent li, ountaln Road), So We, fei- the construction of a railroad sidings "Roanoke, Virginia March 9, 1953 To The CityCouncil Roar~ke, Virginia Gentlemen: I am In receipt of a letter from Mr. Richard M. Trent, of Building Units Company, which is concurred in by the Director of Public Works and theClty Engineer. I have a subsequent letter from Mr. Broyles and Hr. Went~rth, approving a proposed permit for the crossing of Bent Hountain Road (south) for the construction of a railroad siding. The map is here for your perusal; and I recommend th4t the City grant this perm.it. Respectfully submitted~ (Signed) Arthur S. Owens City ~anager" After a discussion of'the matter, ~. Waldrop moved that the request be referred to the CltyPlannlng Commission for study, report and recom~uendation and that membSrs of Council view the area in the meantime. The motion was seconded by Mr. Minton and unanimously adopted. POLICE DEPARTME~-FIRE DEP~TMEh~: The City Manager having been requested b~ ~. Waldrop to check into methods used in soliciting or obtaining donations for the benefit of the Police Protective Association, Incorporated, and the Fireman's Protective Association, Incorporated, he submitted the following report~ eRoanoke~ Virginia Nareh 9~ 1953 To i~e City Council Roanoke ~ Virginia Oentlemanl I am attaching hereto w~ltten reports from the Sup,tint,talent of Police and fi'om the Chief of the Fire Department with reference to their respective Protective Associations° The reports are made In an excellent manner. Attached to each report la a cop~ of the Constitution and By-Laws of the respective organizations to ~hich I invite your perusal° I would like to specifically request that any citizens~ corporations. or groups of people who fealthere is any pres,ur, or duress of any kind placed upon them in regard to Joining either of these Associations let Captain Webb~ Chief Mullins or mo know; and we will immediately take appropriate action to deter such procedures. go attempt ~ust or can be made at any time to require any citizens to Join either of the Associat~one. The intent and purpose of the Associations are lost if any attempt is mmda to secure members by due'eSSo Rcspectfully subaltted~ (Signed) Arthur S. Owens City Men, er" Hr. Waldrop moved that the report along with the reports of the Chief of the Police Department end Chief of the Fire Depa~tment~ b · filed. The motion was by Hr. Minton end unanimously adopted. AIRPORT:' The City Manager su~ltted the followillg report with reference to ~ort Limousine Concession privileges: "Roanoke, Virginia .March 9, 1953 To The City Ccuncll Roanoke. Virginia Gentlemen: The following letter from Hr. M. L. Harris, Airport Manager, is for your attention: tCI T Y O P R 0 A N O E E Interdepartment Communication DATE: February ~6, 1953 TO: A.S. Owens, City Manager PROM: M. L. Harris, Airport Manager A pending case before the State Corporation Comr~ssion for Limousine Concession privileges at the Roanoke ~nlcipal Airport has been settled and we now have official notification from thoVirgtnia State Corporation Co~lssion that The Roanoke Railway and Electrl~ Company is franchised to operate the limousine concession at Voodrum ield on an exclusive basis. Hr. R. D. Caesell, General Superintendent of The Roanoke Railwa & Electric Company, has confirmed this decision by announcing their intentions to stsa-t limousine operations at the airport March 1, 1953. Rates and charges for this facility were not established earlier due t¢ the absence of instructions from The STATE CORPORATION COMMISSION. It was for~erly planned to advertise this concession in the event a non exclusive permit was granted, but ~nce an excluslve franchise is now ordered, we will have to negotiate e rate. I will appreciate some early action on this matter as the rates and char decided upon will retroact into November, 1952, and involve the Yellow Cab Company as well as The Roanoke Railway & Electric Company. (Signed) Harris, Ur*ier existin~ conditions, we call.c[ no revenue from such operations described in Mr. Harris' letter. Since the Roanoke Railway and Electric Company will operate this it appears practical to suggest to you for the present time that they tn¢lud~ in their report to us the lncc~e l~om this operation and that we receive ~ per cent of the gross pending investigation and report of Mr. Woody'e co.itt Respectfully submitted, (Signed) Arthur S. Owens City Manager" After a discussion of the report with respect to payment for this franchise Mr, Waldrop moved that the matter be refer~ed to the City Attorney to study the existing contract with the Roanoke Railway and Electric Company ar~ the Safety ~tor Transit Corporation to see if a revision of the contrsct is necessary to cover the airport limousine service nou operated by the Roanoke Eallway and Electri Compar~ and to report back to Council, The motion was escorted by Mr. Minton and unanimously adopted. FIRE PROTECTION°SOUTHEAST CIVIC L~AOUE: A communication'from the Southeast Civic League requesting that additional fire hydrants be installed in the area between Wise Avenue and Tasewell Avenue, S.E., From Thirteenth Street to Eighteenth Street, having, been referred to the City Manager for study, report and reco~endati. he sulxaitted the following report; NRoanoke, Virginia Hatch 9, 1953 To The City Council Roanoke, Virginia Gentlest. n: You referred to me in your File ~69-168 a request from the Southeast Civic League, asking that additional fire hydrants be installed in the area between Wise Avenue and Tazewell Avenue from 13th Street to 18th Street. The following letter from the Engineer in Charge of Cc~structlop is for youn consideration{ "March 3, 1953 bmr. Arthur S. Owens, City Manager Municipal Bulldir~ Roanoke, Virginia Dear Sir: This is in response to yours of February 19, 1953, "in the matter of installing additional fire hydrants in the area bounded by Wise and Tazewell Avenues between 13th and l§th Streets, as requested hy the Southeast Civic League." Roanoke City Fire Department has made careful study of the exist- ing facilities and recommends hydrants be installed as follows: Church Avenue at 15th, 16th, and 17th Streets Kirk Avenue at 15th, 16th, and 17th Street Campbell Avenue at 15th, 16th, and l?th Streets This Department has made careful study o£ the present distribution system facilities and recommends new mains to serve the above hydrants be installed as follows: l?th Street from Wise to Church, 875' of 8" main Campbell Avenue from 1]th St. east, replacir~ a 3" with 420' of 6' Kirk Avenue from 13th to 17th, 1250' of 6" main Church Avenue from 15th to 17th Streets, 720~ of 6" main (Church Avenue between 13th and 15th Street is not open.) 16th Street from Church Avenue to Tazewell, 280' of 6" main. All of the above is shown on the map hereto attached. We estimate the cost of this work as follows: Materials on Hand $9,h73.00 Trenching, laying, and backflllin~ 5,895.00 Street restoration 3,575.00 En~ineerlng, supt. and contingencies Total ~1,?~.00 The comprehensive plan of 1950 embraced only a small portion of the above ~rk; the Water Department plans for improvements complied from notes made over the years contemplated the foregoing. The plan of the Water Department has, however, never been off~cia[ly accepted. ~Their omission in the comprehensive plan, however, is entirely understandable to one familiar with conditions of the past. All of the above work, if now o~ficially approved, can readily be made a part of subsequent projects in the big program, and th~ work in this area done along with other like area deficiencies in fire protection facilities in the older part of the City. Respectfully submitted, (Signed) Charles E. Moore Engineer in Cha~e of Construc~ion' We believe the work can be programmed at a later date, Respectfully eulx~ltted, (Signed) Arthur ~, Owens City After a discussion of the matter, in ~uhich the City Hansger advised that the work possibly will be done next year~ but that it will be in the third phase of the ~ater Department expansion program, Br. Yqun~ moved that Council concur in the recommendation of the City EanaEer, The motion was seconded by.~, Woody and iunanimou sly adopted, BUILDING CODE-OA.RAOF~ TheCt~y Essayer submitted mitten report, together with the following communication from the ~uildin~ Inspector~ in connection with the open air parking garage which is to be built at Jefferson Street and Day Avenue{ "CITY OF ROANOKE Intsrdepart~nt Communication DATE{ Earch ~, TO{ A. $o O~ene, City ~anager FRO~{ David Dick, ~uilding Inspector A permit for the construction of the open air parking garage at Jefferson Street and Day Avenue was applied for in this office yesterday. The area of this proposed parkin~ garaFe exceeds the 10,O00 square feet permitted by ~sction lb§ of the present building code. This require~ent is unreasonable, as sho~n by less restrictive requirements ofmodern bui!dln, codes. Our proposed t~iiding code does not limit the 'area of fireproof buildings aM if this code wa~ in effect as proposed this perait could be lssue~ provided suitable arrangements were made regarding the wails along the interior lut lines. I talked to tbs City Attorney in regard to this and he thought the best way to handle this would be to ask Council to adopt ss an emergency ordinance that portion of the proposed buildir~ code pertaining to open air parking garage~. I a= sendir~ herewith the provisions of a proposed ordinance ~hich I believe ~lll take care of this situation and which is in accordance ~ith our proposed code. It m~y be ~sll, if you see fit, to ask the City Attorney to put this ordinance in proper Fou~ so that it ~lll not be necessary for me to delay the construction of this building. {~igned) David Dick" In this connection, a lengthy discussion ~{s held, ~. ~eb~er stating that he felt this mntter should be caroled over until the public bm ring is held on the proposed Official Eutldir~ Code, ~Mch hearing has b~en sst for ~arch l~, l~, at 8;00 o'clock, p. m., at ~hich ti~e the entire Code will be r~vie~ed. The City Attorney advised that the proposed Ordinance amends the old Eulldin Code and that the amendment wll! be the s~e as is incorporated in the no~ proposed Buildin~ Cod~. ~. ~. F. Hazelgrove, Attorney, representing the builder~ ~. Eugene Carbau~ Jr., advised that if the usual procedure is followed in adopting the Code it ~ould possibly be. sixty or ninety days before the effective date of the new Building Code and ur£ed Council to take prompt action, ,v~. Hazelgrove further advisir~that the contractor ~as already on the Job and that a delay in issuing a per~uit would Reck the project. At this point, Hr. Vebber asked Br. Carbaugh if there ~ould be any delay in construction if the ~roposed new Code ~as adopted as an emergency on ~arch ~. Carbaugh lndlcatln~ that if action vas taken E=rch Y] there ~ould be no delay a s the excavation ~hich has been started ~lll probably be underway until then, but insisted that he wants to get the construction permit as soon as possible. M~o Waldrop and H~. Woody stating that they did not want to delay the construction b~t would like to have the public hearin~ first and then take some emergency actionon H~ch ?3, the City Attorney advised that the section of the new Code covering open air garages can be adopted ae an emergency. Hr. Youn~ etatin~ that the city has a serious parking problem, that much has been done by private enterprise to overcome this and that he does not want to see any delay in the construction and would like to see Council take action i~edia ely on the ~endment to the old Code, he moved that the Ordinance be adopted. The motion Failed for lack of a second. After a further discussion, it was decided that the matter should be placed!i on the agenda for Hatch 23, 1953, and that prompt action would be taken at that AIRPORT: The City Hanager submitted mitten report adviein~ that the Alrpor~ Terminal Dedication Co~mittee planc it program for Hay 15, 195], that at a later data publicity will be given concerning the plans and proposals of the Committee, ~'Ich ia headed by Mr, N. W. Kelley, that certain expenses viii be incurred in preparation of the program, and asking that Council authorize the expenditure o£$300.00 from existing appropriations for the city's part of the Dedicatory Ceremonies. Mr. Woody moved that Council concur in the recommendation of the City Manager. The motion was seconded by Mr. Waldrop and unanimously adopted. GH~DE CROSSINGS: A communication from Mr. Tom Poindexter, 1719 Burrs11 Street, N. W., advising that he does not wish to sell his property at 19 Second Street, N. E., in connection with t.he Jefferson Street Grade Crossing Elimination ProJect~ having been referred to the proper State~ Norfolk and Western Railway Company and 'City representative8 for their attention, the City Hanacer submitted the followtn~ report~ "Roanoke, Virginia Hatch 9, 1953 To The City Coumil Roar~ke,Vlrginia Gentlemen: You referred to me a letter from Hr. Tom Poindexter, asking that his property be eliminated from the proposed right-of-way for the new Viaduct. A survey was made of the land needed: and the inclusion of Hr. Poindexter~s property is imperative. I feel satisfied that the negotiators, representingthe State Departme~ of Highways, the Norfolk and Western Hallway Company, and the City of Hoanoke, will be considerate and patient in their dealings and proposals with Hr. Poindexter. Hespect~ully submitted, (Signed) Arthur S. Owens City Hanager" ~he report was filedo AIHPORT: The City Hanager submitted the following report in connection with ~irport i~provement projects= "Roanoke, Virginia Harch 9, 1953 To The City Council Roanoke, Virginia Gentlemen: We have received official notice from the State Corporation Co~-~uisslon Department of Aviation, through Colonel Allan C. Perkinson. who has been most cooperative with the City, that we have been granted ~15,000.00 from the State to aid in our Airport Project. Hay I say, too, that the efforts of Senator Earl Fitzpatrick helped greatly in this matter. · There have been several reporta lyon my of free eoncernirqz tha'~'act that the Dep~t~nt o~ Comers, Civil Ae~nautica ~iniat~ation~ ~ill ~tch thi, mo~y ~o~ Al~rt l~rove~nts ~ the ~le~a~ yea~ a~ fisc~ ye~ beginnl~ I had our E~lnee~l~ Depart~nt to prepar~ p~oJecta In the a~unt or ~3o,~o,~, ~o~o0o.~ a~ $50,000,~, all of ~ich ~e needed to co~lete the Al~ort ~ maintain efficiency. Each section la ac desi~ted that Cou~ll may eliml~te sectio~ o= transfer parts In orde~ ~ accomplish project in ~s ~unt o~ $~0,0~,~, ~0~0,00 ov $]0,~,00 or even less, Haps ~e avallablel ~ I would s~eat that you study ~ese~ place the matte~ on you~ age~a ~o~ a fut~e date~ and at that ti=es authorize l~ y~ see ~lt to do ~o, to a~r~e a p~Ject Coy ~atever ~nt Council . aces fit, . Heapect~lly submitted~ (Sl~md) Arthur ~. ~ens HE[O~ OP CO~I~ None, C~Y PR0fER~-STR~S ~.~ ALL~S~ Council a~ its ~etlP~ on Hatch 2, 1953, having deferred un~l the presen~ meeting action on the reco~e~a~lo~ ~m ~he Clt Planning Co~sslon with reference ~o ~he excha~e of properties between The Comply a~ the City of Roa~ke, In connac~lon with ~he offer o~ ~. S. P. Woody, as se~ ~or~h l'n his le~er o~ October 23, 1952, ~o dedicate ~a~ ~om ~e future w~den~n of Salem Avenue, S. W., the ma~er was again before the body. Hr. Waldrop ~oved tha~ Cou~ll concur In the reco~enda~lons o~ ~e Plann~z Co~ssion and ~ha~ ~he ma~ec he referred ~o ~he Cl~y A~orney ~o ~ork ou~ with Br~don Company's a~orney all necessary measles ~o accomplish ~he exchange of 'p~per~y. The mo~lon was seco~ed by ~. Young a~ adopted, Mr. Woody ~ vo~i~ due ?~o ~he ~ac~ ~ha~ he Is par~ o~ner In a port,on o~ ~e proper~y involved. CONSID~ATION OF C~I~: I~RODUCTION A~ CONS~D~ATION 0P ORDIN~CE~ A~ AIH~T: Ordinance No. 1172~, aut~riz~ the lease of cer~atn space on ~rou~ ~loor, or lobby, of ~e Te~ln~ ~lldfng a~ Roanoke ~n~cipal A~rpor~ (Woodr~ ~o Bohon Aviation Service, having previously been before Cou~A1 for l~a readl~, read a~ lald over, was again ~fore the bo~, Mr. ~al~ o~ferl~ ~or ~s seco~ reading a~d ~nal adoption: ~11725) AN O~DINANCE au~horizt~ ~he lease o~ certain space on ~he grou~ floor, or lobby, of ~he Te~l Building a~ Ro~oke Munlc~pal Alrpor~ (Wood~ Flel~ ~o Bohon Aviation Service upon cer~aXn ~e~s a~ (For full tex~ of Ordinance, see 0~nance Book No. 19, Page 282,) Hr. Waldrop ~ved ~he adoption of ~he OrdXn~ce, The mo~lon was seco~ed by ~. Woody a~ adopted by the following AYe: Messrs. Hln~on, Wald~p, ~oody, You~, a~ the Presiden~, Hr. Webber-5. NAYS: None .......... ZONINg: Ordinance ~o. 11726, releasl~ and waivl~ cer~ain building res~rlc~ cer~ain lo~s shown on ~he recorded ~p o~ ~he subdivAs~on of proper~y of ~a~ W. and Rhoda C. Be~, having previously been before Council for ~s ~Jrs~ and laid over, was again before the ~, Mr. Mln~on, offering ~he following l~s second reading a~ ~tnal adop~on~ (~11726) AN ~DIN~CE rel~a~ng a~ wa~vin~ certain bu~l~ res~ric~o~ ~cer~ain lo~a ~own on the recorded map o~ ~e subdivision of proper~y of Frank and ~hoda C. Be~. (Fora ~11 ~ex~ o~ Ordinance, see Ordinance ~ok No. 19, Page 283.] I~. Minton moved ttte adoption of the Ordinance. The motion was eaconded by l~r. Young and adopted by the following vote~ AYES~ ~easre. Hlnton, ~/aldrop, tfoodym Young, and the President, Hr. ~/ebber- I~AYS ~ None ........... O, DE~0SITORI£S~ Ordinance No, ll?30m amending and reordaining Bection 1 ~Designation'm of ~hapteP ~1 '~bl~c De~osito~les~ o~ the C~e of ~e C~ty off Roanoke~ .havi~ prev[o~ely been before Council ffo~ its first re~ln~ ~ead a~ laid over~ ~as a~ain before the b~y~ ~. ~drop offe~l~ the follo~i~ fo~ seco~ readins ~d ffinal ~apte~ ~1 'Fu~c Deposito~les~ of ~e C~e of ~e C~ty of ~oanoke. (Fo~ Full text off Ordin~ce, see Ordlnanca Book ~o. 19~ ~a~e ~, ~aldrop moved the adoption o~ the Ordinance. ~e motion ~as seco;~ded ~. ~o~y and adopted ~ the follo~l~ vote~ AY~ Hessr~. Hinton, ~aldrop, ~oody, Yov~,-s~ the ~re~ldent, Hr. ~ebber- ~l~ None ............ ZONIN~ Ordinance No.llT~l~ rezonl~ certain property located on the corne~ of Fra~lin ~osd ~d Janette Ave~e, ~. ~., from Special ~e~idence District to Busings District, havl~g prevl~sly been before Ccu~cil ~o~ its first readin~ ~ead and laid ove~, ~a~ s~ain before the body, H~. ~oody ofre~i~ the follo~ln~ ro~ its seco~ readln~ ~d final ~option~ (~11731) AN ORDI}[AECE to ~e~ ~d ree~ct Article I, Section 1, of ~hapter ~1 of the Code of the City of Roanoke, Virginia, in relation to (For full text of Ordl~e, see Ordin~ce ~ok No. 19, Page ~85.) ~r. Woo~ ~ved the adoption of ~e Ordin~ce. 'l~e motion was seceded by ~. Young end adopted by the following vote= AYE~ Mess~s. ~eldrop, Woody, Young, and the President, ~. Webber ...... -NAYS: Mr. Htnto~ ............1. SA~ OF PRO~ER~: Ordi~nce No. 11735, providing for the sale of a small lo~ located at ~e ~rthwest intersection of Chestnut a~ Cher~ Arenas, N. W., Official No. ~0~0831, to ~rs. Virginia Wll~on Truesdell, for $]50.00 cash, having previously been before Council for ~ts first readl~, read and laid over, was again before the b~y, ~. Minton offerl~ the followl~ for its seco~ reading and final (~117~) AN ~DINANCE provldl~ ~o~ the sale of a ~mall lot 1~ ated at northwest Intersection of Ch~t~ ~d Cherry Avenues, N. ~., Offlcl~ T~ l~er ~0~0~]1~ by the Cit~ of ~oanoke to (~s.) Virginia ~il~on T~esdell, at s tion of $1~O,00 ca~ a~ authorlz[~ the execution and delive~ of a deed therefo~. (FO~ ~ull text o~ O~lnance~ s~e ~dln~ce ~ok No. 19, Page ~8~. ) ~. Hlnton moved the adoption of the Ordinance. The motion ~as seceded by ~. ~al~op ~d adopted by the followl~ vote~ A~S Hessrs Minton Wald~p Wo~ Youn a~ the President H NAYS: No~ ......... O. SA~ OF F~OF~Y: Ordl~nce No. 11~36, provid~g for the sale of ~t 1~, Block 15, Wasena, desig~ted as Official No.l13011~, to ~. ~ar~ 5hay for cash~ having p~vt~sly been before Council for its first reading, read and lald over~ was again before t~ body, ~. Young offering the following for its second readl~ ~d fln~ adoptton~ (~11736) AN O~DI~ANCE providing for the aal® of I~ot lP, Block l~, O~lcial Tax ~o. 11~011~, b~ the Cit~ o~ R~ke ~ Ha~ Sha~ a~ s co~lde~stiqn ~00.00 cas~ ~ mtho~izing the execution ~d delive~ o~ a d~ed (Fo~ full text o~ O~i~nce~ see O~ln~ce B~ok No. 19~ ~a~e H~. Youn~ ~ved the adoption of the Ordinance. ~e motion ~as seceded by ~. ~aldrop a~ ad.ted by the follo~l~ votes A~ Hessrs. H~nton, ~ald~p, ~dy~ Youn~ a~ the ~esident~ ~. FFAYS~ None ............. O. ~: Ordinance No.117)7~ p~vid~s fo~ ~e compulsory vaccination of havin~ previously been before Council Fo~ Its first readi~, read e~ laid ove~ a~ain before the body, ~d in a discussion of the O~i~nce, ~. ~oody advisi~ that he un~ersta~s so~ people object to the ~asure~ moved that ~e O~nance be laid over For the second read~ until Hatch ~), 19~3, to ~ive the opponents time to be heard. ~e ~tion ~s seceded by ~. Youn~ and un~i~usly adopted. STR~ ~ ~: Hr. ~s A. ~lv~ett, Attorney~ representing Club Vie~ ]~Corporation, havX~ previously presented an additioual petition and draft of a {}~e~olution pro~idi~ fo~ ~e appoint~ent o~ vie~er~ In connection ~ith clo~tn~ ?treet~, aven,~es a~ ~ ley~ within ~e area bounded on the north by la~ of ~he ?{Norffolk a~ ~e~tern Railway Comply, on the east by the ~ulevard, S. ~., on the ~outh by Fatter~on Avers, S. ~., ~d on the ~e~t by the ~ad adJol~{n~ the {~the Norfolk a~ ~e~tern Railway Company~ ~lch draft of Re~olution ~a~ referred to {~the C~ty Attorney Fo~ approval~ the matter ~as again before the ~dy, the City ?Attorney ~dvi~ln~ Council that ~. Plunkett has requested that the matter be deleted from the a~e~a ~d ~t be considered by Council until ffurthe~ application Plunkett; ~reupon~ the matte~ ~a~ deleted From the T~IC: The City Attorney ~v{~ been requested to p~epa~e proper Ordinance pe.~itting paraplegics ~d m~utees to park free at anytime for perils of time ~t exceedi~ el~t consecutive hours, he presented the 0rdina~e; whereupon, ~r. ~lnton moved that the following Ordir~nce be placed upon its first readi~. The motion seconded, by ~r. Woody a~ adopted by the followl~ vote~ AYES: ~essFs. Minton, Waldrop, Woody, YounE, and the President, Er. Webber-5 N~S: None ........O. (~11739) AN O~INAECE ~e~ln~ and reordaini~ Section 39(b) "Faraple~lcs a~ Amputees~ of the Traffic c~e of the City of Roanoke. BE IT 0RDAI~ by ~e C~ncil of the City of ~oenoke that Section 39(b), ~Paraple~Ics a~ ~uteese, of ~e Tr~fic C~e of the City of ~o~oke be, a~ the e~e ls hereby a~ed ~ reo~ei~d so as to ~ad as followsl Sec. 39(b] P~aple~[cs and ~putees. The City Ha~ger is hereby, authorized issue cerdsp on an ~n~al basis, o~r his slg~ture to paraplegics a~ individuals who have had one or bo~ legs~ ~utated. Despite Ee~ral provisions herein contained to the contrary - the placing of such acard on the visor of an automobile shell entitle su~ automobile, to park free at any t~e in a~ metered p~king ~pace, on the street's of the City, for periods of time not to exceed eight co~ecutlve hours, and also - loading ~ne~ on such streets, after 6 o'clock, p. m., provided ~ch parked automobii~ be a~aitl~ the holder of such card. The O~lnance hav[nF ~en ~, was laid over. DEPART~I~ 0F ~IC WOR~: ~e C~tyAttorney hav~ been requested to prepare proper Resolution accepting the bid of Riah Equipment Compa~ to supply the city on which he bid, · AFter a discuseion oF the luachine and ~fnether specific ~ the the ftions that were called For in t~.e advertisement, H~o ~ld~p' advising that'he Feel t~t Hcllha~ should be siren a ff~the~ oppo~tunity to demo~trate his equl~nt~ aldrop moved that ~e matte~ be referred back to the co~lttee a~ that ~, ~be ~lven an opportunity to demonstrate his equl~nt, The motion ~as seco~ed ~. Hln'ton a~ unml~ou~l~ ad.ted. The City Han~e~ s~F~es~ that the de~n~tration be held at the city stora~, lot at 10:OO o~clock, a. ~., Hatch 17~ 19~3, a~ advi~at the co~Ittee muld report back to Council, the ~tte~ vas lsid ove~ ~ntil H~ch ~3, HOTIO~ A~ HI~C~EOUS STR~ AND ~L~S: Hr. Wo~y suggested that Council ~ve ~urther conside~at~on to the wlden~n~ o~ Fr~klin Road, 2. W., on the we~t side ~rom the ~outhern e~ of t~ river br~d~e to Brandon Avenue, since the c[~ b~ ~retoFore obtained the necessary property Fo~ ~e widen~n~ Hr, Woo~ point~ out that thi~ w~de~ would provide another cle~ lane on the ~est side of Fra~lin Ro~d which ~oul~ acco~.~ate traffic turning into Bra~on Avenue. The Cit~ Hanager estl~ted the cost would be between ~6,~.00 ~nd ~6,~.00 ~h[ch would include excavat~on~ curb, crossover, a~ ~dditlonal macada, The C~ty M~Eer al~o brou~ht to ~e ettention oF C~ncll ~at the~ i~ one small piece property,' approximately P~ squ~e Feet, ~l~ the city doe~ ~t own ~ ~Ich will have to be acquired to acco~li~h the widenln~ at the co~ee oF Fr~l~n Ro~d ~ra~on Avenue; ~ereupon, ~. Hlnton ~ved that the City Mans~er negotiate ~ith DP. George B. L~wson a~ to the price ~ the la~ needed ~d report back to the body. The motion was ~eco~ed by Hr. ~o~y ~ unan~mousl~ There betn~ no Further ~us~, Council adjourned. AP PROVED COU~CIL, EEOULAR P~onday~ Hatch 16~ 19~3 The Council of the City of Roanoke met in regular neetin~ in. the Circuit Court Room in the Municipal ~ulldin~ Horflay, Hatch 16~ 19~3, at 2zOO o~clock~ th9 regular meeting hour~ with t~e Preaide~t~ H~o Webber, preaidin~. PRE~ENT~ Hessr~. Hinton, ~ald~p, ~oody~ and the ~resident, ~. ~eb~er--~ A~E~ H~. You~ ............ 1. O~ICE~S ~H~T: ~m. Arthur S. Vwens. C~ty ~.~ge~, ~. Randolph O. ~hittlt City At~rney~ a~ ~. Har~ H. Yates~ City Audito~. ~e neetin~ ~s opened ~!th a p~ayer by the Hevere~ Baton H. Hathe~a, Assistant Pasto~ of Calvary Baptist Church. HI~E5~ Copy oF the minutes ~F the ~lav ~etinF held on ~ay, Hatch 2, 1~53, havin~ been fuvnlshed each ~embev oF Co~ncll~ upon ~otl~n of ~r. Hinton, ~eccnded by ~. ~aldrop ~d unanimou~ly a~pted~ the readl~as dispen~ed ~ith the ml~te~ approved a~ receded. COUNCIL~ The ~r~ldcnt, Mr. ~ebbev~ ~elcomed the delegation of exchange ~tudent~ fro~ The Lincoln Ht~ ~chool. Hanito~oc, ~i$co~lO. who ~e~e ~re~ent to :observe the proceedinF~ of Councll~ on behalf oF ~e members oF Counc[l~ c[ty offici an4 the citizens of aoanoke~ exterfll~ to them a mo~t co~i~ ~elcome and tha~ to each a~d every one oF the ~tudent~ fo~ the courtesy extended to the ~tudents ~h[lc they ~ero visitinf gan[to,cc, ~tati~ It ~as a pleasure to have the students ~ith Council and it ~a~ the ~l~h of ~ounctl ~at their visit be enjoyable and profitable ~hile here. ~. Harga~et Smith oF the Department of Hecreation Roanoke, introduced the chaperones, Miss Lolls Stalker, teacher oF Roenoke, ~. Edwin Evickson~ guidance teacher~ and Hiss Verna Hudolph, instructor fro~ Manitowoc ~s. Smith then introduced tiles VlrKtnfa Dedrtcks, a student from Manltowoc, respor~ed to F~. Webber3s ~elcome, e~ressi~ thanks t o the President a~ ~emb~rs of Council, ~d expressing their pleasure in vlsltinE the city, stating that they liked Roanoke very much, the mountal~ and people ~eneral. ~;~RING OF CITIZEn, S UPON ~U~LIC POLIC DEPA~TI~-R~USE COLLECTION AND DISPOSe: Pursuant to a Request fo~ [~ota~ion issued by the Fuvchas~nE Agent on three 1953 Model Automobiles and two [~GarbaEe Truck Bodies, said bids to be received by the Furc~stng Agent until 2'00 o clock, p. m., Mo~a~. Harch 16, 1953, ~d to be opened before the Council of the City of Roanoke at that hour, the President, ~. Webber, asked if there was anyone present who did ~t fully understand the Re.est foP~otation, If there was anyone present who had been denied the privilege of biddt~, or tf there were any ~nyone would like t6 ask, a~no vepvezentative present raisin~ any question, the Pres~den~ i~t~cted the Clerk ~o p~oceed with ~e opening of the two bids received on ~e Automob~le~ and ~e three bids received on the Garbage Truck Bodies. The bids havlnE been ope~d and publicly read beeore Council, M~. Woody offend the followl~ Resolution: (~117~0) A~SOL~ION refevr~n~ bids on three automobiles for the Police Department and two ~a~bsge truck bodies for the Refuse Collection and Disposal Department to a co. tree composed of Wv. A~thur S. ~e~, City Ma~EeP, ~. Havr R. Yates, City Audito~ and ~. H. B. ~ss, ~rchaslng Agent, for tabulation, study a~ report to the Council of the City of noanoke at its ~xt re~lar ~eetl~ on Mo~ay, March 23, 1953. (For full text of Resolution, see Ordinance Bock No. 19, Page 2~). m ZONI~O~ Notice of a public hearing on the question of rezonlng from General Residence District to ~usinees District property located on the north cide of Ralei~}~ Avenue, No Second Street, described as Official Nos. 2020~25, 2020427, 2020428 and 2020~33, Block 3, O~flcial Survey }~ 3, having been published in the Roanoke pursuant to Article II, Section 4], of Chapter ~1 of the Code of the City of RoanoYe, setti~ the time of the hearir~ at 25~0 o~clcck~ po m.~ ~rch 16~ 1953, the r~tter was before Council. It appearing that the Plnnning Commission hsd previously recommended that th~ request to rezone property described as Official ~os. 20~042~ and oOP0433, the City Clerk pres~nied t.he following co~unicetion f~om the Planning Coaaisalon in con, actiOn with property described ae Official Nos. ~0~0426 and POPO~a?: "~arcb 13, 1953 The Honorable B. L. Webber, ~;ayor, and Members of Clt[ Council, Roanoke, virginia. Gentlemen: In r~ply to your letter of February 27, 1953, rc~errlng to the City Planning o.~mlssion for study, re~ort and recommendation, co:~.unicat~ ns from the following that their pro~ertles be rezoned from a General Residence!! District to a Business District: Atlee Williams - Official Lot No. 2020427, located on the n~rth side of Raleigh Averse, N. E., west of 2nd Street; Roosevelt C~owder - Official Lot No. 2020426, located on the north side of Raleigh Avenue, N. W., west of 2nd Street: The properties in question were !ns[coted by several me,bars of the Co.~m__ission at the same time the property of Ralph A. Glasgow was Inspected, which is Ir~ediately adjacent on the east. 'Abase properties are located within an area which has been under study for some time, which study is not yet complete. It is the Commission's considered Judgment, in view of the fact that there is an existing Business District on Peach Road and on Orange Averse at the intersection of~th Street and ~tlllam~on Road, N. E., that there la no necessity for creating en additional Business District in that i~ediate section at this time. Council's attention is also called to the fact that an area south of Ralelgh Averaie was zoned for Business several years ago, but that said area has never been developed for Business uses. The Commission is of the opinion that, pending the co~Dletion of the study of that section, it would be unwise to proceed with 'mpot zonin? of individual properties without regard to the effect such rezonlngwlll have on the entire area and on traffic along Orange Avenue (U. S. Rt. No. 460). The City Plarming Coxmlssion recommends to City Council that the request of the, petitioners be denied. nespectfully submitted, (Signed) W. J. JcCorklndele, Jr. Appearing in favor of the rezonln~, was Mr. Ralph A. Glasgow, Attorney, representing two of the petitioners, and Mr. Glasgow being the owner of two Ge the lots, he urged that the property be rezoned since it was not suitable for any other purpose other than business, advising that p~rt of the lots have been cleared of old sub-standard dwellings and that the p~onerty as now zoned was not sultable for resldental purposes. In this comqection, Mr. Glasgow introduced two real estate men Mr. D. C. ~rown end Mr. J. E. Wood, and requested them to advise CoUncil If the property was best suited for residential or business. Jif. Bro~ and Hr. Wood both stated they had viewed the property and that in their opinion it was best suited ,i82 for business, both advising that they did not believe the property could-be dispoae~ of other than for a bi, dress purpose. Appearln~ in opposition to the retching, was Hfs, J, A, Ra~ey, 1208 Second Street, N, go, who stated that she objected to the rezonin£, that she lived next to the property in queetiou, that It was her home and that she didnot want businee~ next to her, further etating that Mrs. Mary ~hite ~ho was also owner of property in the ir~ediate area objected to the zoning alsom advising that Mrs. White had lntende to be present but was ill. After a further discussion as to the use of the property, Mr. Minton moved that eince H~o Young was abeent that action on the question be delayed for one week and placed on the agenda for Hatch 23, 1953. ~'he motion wac ~econdod b! Mr. ~aldrc a~d unanimously adopted. ZOEING-SETBACK LINES: Hr. Sidney Fo ?arham, Jr., Attorney for Atlantic Greyhound Corporation, appeared before Council along with Mr. Fo L. 5howalter, contractorm and present ed the following co~r~un!oetion in connection ~lth setback lines on Bullitt Avenue and First Street, ~o ~Roanoke, ¥irglnia March 16, To ~he ~onorsble Mayor and Hembers of City Council Roanoke, V!rEinla Gentle.'~n: Recently, Atlantic Greyhound Corporation purchased From E. Jo Harri~ a lot on the northwest corner of First Street, S. go, and Bullft t Avenve, ~. ~., for the construction of a new bus terminal. This ~Ite was acquired after many years of extensive search for an appropriate site For a bus terminal, the bus Company realizinff that traffic conditlals on Church Avenue ~. ~., made it !~perative that they ~ind a new site. ?lens were drawn eof the new terminal bulld~rg, approximatel~ 1~O feet by 100 feet, ~tth the idea of setting this buildlnF on the property l!ne as indicated by a survey ~de by a local engineer. A contract has been let: a~ the conteactor is now on the premises, prepared to begin cen~truction. U~on] applying to the ~uildin~ Inspector for a bulldinE permit today, it ~s for the first time that Council had established setback lines of five (~) feet on both Bullitt Avenue and First Street, $. E. I refer you to Ordlmenci Ho. 9~hl and 98~. The available space is such that compliance with these eetbeck lines w~ld render the useability of the property For a bus impractical, lC the building were set $o as to comply ~ith the setback lines, there would be fn~ufficient space for the buses to make the necessary! turning movements from the ter~inal, the lot in question being only leo by 130 feet. ' We know of no i~ediate plans for the widening of either of these streets and accordingly are petitioning Council to take the appropriate step to allow the construction of this terminal building on the property lines. Respectfully yours, (Signed) Sidney F. Paths% Jr. Attorney for Atlantic Greyhound After the request wes briefly discussed, Mr. Woody mo~cd tbet Council take this matter undor advisement for. one week ~nd that members of Council inspect the property in question !n the meantime. The motion was seconded by ,'ir. Waldrop and unanimously adopted, the matter being placed on the agenda for March 23, 1953. PETITI0}IS AHD COMMUNICATIONS: ZONING: A communication from Mr. George P. Lawrence, Attorney, representing Burrell Memorial Hospital Association, requesting that the property generally known the b~rrell Me~orlal Hospital, described asBlock 12 and 11~, Norths!de Addition Map, Official No. 2120701, be rezoned from General Residence District to business District, was before Council. On motion of lfm. Minton, aeconded by Mr. Woody and unenlaously adopted, the question for rezonlng was referred to the City Planning Co,~mlssion for study, report and recommendation to Council. ZONIqG~ A com~unication from Hr. Ko A. Pate, Attorney, representin~ Charlie n. Carter, requesting that property located on the northeast corner of Second Street ~d Patton Avenue, B. E., described ~s Off~cl~ ~o. 30107~, be rezone from Special Residers District to Business District, was b~fore Council. 0n motion off ~. W~d~op, seco~ed by ~. h'o~y a~ unanimously adopted~ the request.For rezonlng was ~ferred to ~e City Pla~t~ Co~isslon Fora study, report ~ONIN6~ The request of Mr. Stanley C. Weinber~ that a Five-acre tract of la~ located on the north side of Breton Avers, S. W., descrlb~d as OFficial 161020~, be rezoned fr~ Ge~r~ ~esidence D~strXct $o BuSiness DXstrlct, havX~ referred to the C~ty Planml~ Co~1sslon for study, report and recommendation to Council, the City ~lerk presented a co,un,cation f~m the Pla~ Com~asion statl[ that ~n vie~ of the Fact that ~. We~nberg was withdrawing h~a ~queat, they would Wetnberg Formally ~lthdraw~ng his request For the rezonln~ due to the fact that the been denied. There bel~ no object,on to the withdrawing on the p~rt of Council VE~ANS HOUSING~ A report from the City ~anager, suggesting that consideration Avenue, S. ~., into the city's park system, having previously been referred to the City Plannl~ Commission for study, ~port and reco~e~et[on, the Commission submitted the ~ollowlng report~ ~arch 13, 1953. The Honorable R. L. Webber, Mayor, and Eembers of City Cou~il, In re~ly to your letter of February 13, 1953, referrlnff to the City A report of the City ~a~ger, suggesti~ that consideration be given to ~ncorporati~ the abandoned Veteran' Housi~ Project site on Colonial Avenue, S. h'., into the City's park system: The Co~ss~on feels that ~fs tract of la~, 6P.86 acres, will be a valuable asset to the City of ~oancke as a future park site, and that It should ~ retained for this put.se. It Is the reco~endatton of the City Ple~Ing Co~lssion that said tract of land ~ Included In the City's park ~ystem, and that It be added to Fish~rn Park, wh!ch !s adjacent thereto. Hespect~lly submitted, (Signed) ~. J. ~Corklndele, Jr. On motion of ~r. Waldrop, seco~ed by ~r. Woody and unanimously adopted, the Attorney.for preparation of the proper Resolution car~ out the recomme~ation. ~-LIBR~RY: The following co~n~cation from Habb! Morris W. ~r~f, Vice President of the Roanoke Public Llbra~ Boa~, with reference to the use of State aid fu~s to increase certaln salaries and ite~ tn ~e Libr~y budget, was before Councll~ "~rch 13, 1953 The ~onorable Mayor and ~e~ers of Council ~ anoke, Virginia ~o it.~93.~ f~m the State of Vl~lnia between ~w and June 30, 1953 ~l,90o.,P has already been received ~ ~oks purchased for this on state approved book orders, since July 1, 1952. '83 In view of the fact that your library has been unable to sectu'e a quall£1ed person to fill the position of Circulation Librarian at the existing salary of ~,8~0 per year, we seek you~ approval to utilize $700 9f this State money to bolster the Circulation Llbrarlanta salary from t~,820 to $3,~20 per year, $3f~20 is now t.he salary Of the Chlldrents Librarians ~ther Department Heade~ namely Reference and Catalog now receive $],700 pew year. The Circulation Librarian lo Head.off the Book Loanin~ Department. We have tried to find a qualified person at ~2~820 with no success. This position has been vacant since early October. There is no one on our staff ~o la qualified that could be promoted to thl~ post. In addition to the $?00 for salaries, an additional i193.58 would be available for the purchase of approved books. So that these funds may be handled in the prescribed manner, we request that your library's book budget be credited with the amount of State Funds received, or $193.~ for this fiscal year. It ia recommended that these chan~ea be effective at such time when the State Funds are received. Sincerely, (Signed) gorris W. Graff Rabbi Harris W. Oraff, Yice-Presl¢ Roanoke Public Library Board" In this connection, Rabbi Staff and, }irs. C. .rattan Llndsey~ Jr.~ members ilar the Board, spoke in behalf of the r~quest. ~r. Harold J. Sander~ Directs Library !'of the R .... ke Public Library, wh ..... lso p ..... t, explained to C .... 11 that the ,iLibrarv Board had been unable to obtain trained and qu~li, led personnel at the pre iisalary,I advlsin~ that the state appropriation was similar to etate epproprlstfons to ~he question having previously been before Council aud still pending, on motion of ~r. Minton, seconded by Hr. Waldrop and unanimously adopted, the matter wa taken under advisement for one week and placed on the agenda for ~arch 23, 1953. HEALTH DEPARtmENT: Council having previously taken the question of adopting ~a Meat Ordinance under advisement, communications from the Valley Woman,s Club s~d the Williams on Road Woman's Club, adviclnE that at their last meetings, the clubs Ilhad voted unanimously to endorse the idea of a ~e~t Inspection Ordinance, were ~efor lithe body. In this connection, the City Manager sdvlsed that Mr. J. H. Meek, Director liarI the Division of Markets for the State of ¥trKinla, would be present for a ilar the Meat Ordinance on March ~4, lq53, at ~:00 o'clock, p. m., whereupon, M~. Waldrop~oved that the cor~unicatlons be Filed pending further study of the matter. The motion was seconded by Mr. M!nton and uDanlmously ~dopted. FIREAR~: The question of prohibiting the sale and possession of air rifles in the City of noanoke having previously been before Council and taken under a communication was before Council from the President of the Central Council Parent- Teachers Association, approving any and all proposals to ban the sale of air rifles and m~unition for same, also urging a more strict enforcement of present rag On mot~on of Mr. Woody, seconded Mr. Waldropand unanimously adopted, the by icommunlcation was filed pandit- further study of the matter at a latem date. REPORTS aP OFFICERS: in the lobby area of the Afrnort Administration ~uildinE, he presented to each councilman a diagrm~ of the lobby, properly leaended,along ~lth bis resort. i'he diagram Of the lobby and the report were filed. wATE~ bEP~RT~I/T-gRADE CR0~SI ~S~ Council h~ving previously taken under sdviee~ent a ~ltten report from the City Haneger alon~ with a co~unication from the ~lneer In ~e of 6o~t~ction of ~e Wate~ Depar~ent ~l~ reference to ~o~ on the ~ater distribution system In the do.town are~, in cc~ection with the Jeffer Street 0rads Crossl~ Elininatton Project, ~lch report a~ com~nica~ion we~. considered at an l~ormal ~ett~ of Council on Hatch ~, 19~3, at 8~00 o~clocP, the ~tter was a~aln ~fore the In this co~ction~ the City HanaFe~ pre~ented the follo~l~ repor~ "Roanoke, Virginia M~ch 16, 1953 TO ~he tity Council . Bcanoke. Virginia ~entlemen: I would appreciate your concurr~n~, by motion, In our proposal to place certain certain water l~s over and adjacent to the new Viaduct which was e~ laird to you by Mr. ~ore at arecent i~o~al conference. If you concur~s possible:In ~e following letter ar~ map, we will expedite the work as 'March 11, 1953 ~M. Arthur ~. Owens, City Man.-er . ' Municipal Building Roa~ke, Virginia My dear Mr. I sub.it for.~pp~vml the acceptar~e of the n]~n for new work accompanying my report to you of February 19th, discussed ~dth the Council on the evening of March 5th. I further reco~e~ that the 8" main In Wells Avenve, Shenando~ Avenue, and that portion of Wells Avenue outside of the b-idge project be included in the f~rst pro~ect to be let to contract followl~ the completion of the v~a~uct, for the reason that time will not permit the preparation of plans ~d the completion of the %~rk prior to July l~t when the bridge project Is scheduled to co~nce. It ~s further racom, me.ed that ~e work on the br~dge structure, Salem Avenue, Norfolk Awenue. Third a~ Seco~ St~eet~ be done by the C~ty'~ o~ forces, since a large portion of these lines ~st be correlated with the o~er of ~he prgJecf ~grk by t~ successful contra and, t~refore, may he b~ken u~ ~nto several work Jgbs. For your convenience, a ~py of the plan ts attached hereto. Very t~ly (Signed) Charles E. Moore Engineer In Charge of Co~t~ct~on' Respectfully submitted, (Signed) At.ur S. Owens City Manager" In a discussion of the matter, the City Ma~ger advised %hat at the ~eting, Counc~d authorized the purchase of necessary pipe, Mr. Woody asking ~e request for Council action was ~n the fo~ of ~ Re~olution. ~e C~ty Manager advised that ~ motion to concur In the gener~ plan would be all that la necessa~. The President, Mr. Weber, advised that the c~ty had entered ~nto'an agreement with the Norfolk a~ Western Railway Co~any ~ho pays a part of the cost, and felt that the matter should be referred to the City Attorney for preparation the p~per Resolution. The City Manger a~reed ~d ~uggested It be referred to the City Attorney. . Mr. Woody moved that the matter be referred%o the City Attorney for prepar~ cf the proper Resolution. ~e motion w as ~econded ~y Mr. Minton a~ unanimously adc S~AGE DIS~SAL: TheCity Manager su~tted written ~port stating that the city In a very ~hort while will have sludge available for sale, and suggested that ;ion ,tedo of the dried sludge from the plant It appears, a s of this tir~ that we ill have quite a bit of this material to dispose of, To circumvent a haulage problem, it is proposed to dispose of the eludge frol the bed site with the customer doing the loading and hauling, With this in mir~, we will have to Furnish some sort of protsble roadway so that the wheels of the vehicles will not d~age the tile nnderdralns of the beds. It ia suggested that wooden pads 3 feet wide an/ 6 feet to 8 feet long be made to. be laid down for driveways. It is suggested that the following policy for the sale of the sludge be followed: 1. The price of $1.00 per cubic yard be charged ~th the tr,~cker provid loading at the plant. 2. A mlnlmu~ price of $ .25 each for any small container, such as a bus or bag, be charged. 3. A discount of 50% be allowed on sludge used by any other City a~ency except ~hen a surplus has to be moved. A.moisture determination will be made each month and correspondir~ adJusi- merits in volume will made. '"he above prices are calculated on h0% moisture.! It is requested that the Auditing Department work out a logical and simole method for handlir~ the revenue collected at the plant. (Signed) F. C. Funnell, Jr. Plant Superintendent" In a discussion of the matter, the President, Mr. Webber, raised the question of advisability of having bids on the sludge. Mr. Woody and Mr.Waldrop questioned as to how other cities handled this problem. · The City Manager stated that he had obtair~d information from other cities in arriving at the rates; but that the idea of bids had merits; further stating that he would like to suggest a six months or a year's e~perlence on the proposed plan before lettln~ of bids, and advised that within the week he would ~end Council copies of the proposed plan for their information. The President, Mr. Webber, stating if there is nb objections, the matter wtl~ be made a part of the official record and that the City Manager send copies of the proposed plan to Council. DELINQUENT TAX~S: The City Manager presented a re~ort from the Delinquent ~ax Department for the month of February, 1953, commenting that Miss Zerbee was doit a fine Job. The report was filed. WATER DEP&RT~h~-HEALTH DEPARTMENT: The matter of adding sodium fluoride to the Roanoke water supply with a view of reducing dental cavities, having previously been referred to a co~mittee composed of the Co~mfssfon of Hea{~h, the Manager of tt Water Departmant, and Dr. Jmmes E. John, representative oF the Roanoke Dental Soclet~ and Council under date of December 5, 19~9, having, concurred in the recom~endation el the committee that the City of Roanoke wait several years until the procedure of adding sodium fluoride to city water supplies is out et the experimental stage befor~ it is adopted in Roanoke, the City Manager presented a co.-~.unication fron the Roanok~ In a brief' discussion of the matter, Hr. Htntcn asked the City HanaFer about the study of the question and if it was not r~w bein~ studied, The City manaFer advised that tho question was being studied and that from tl~ to t~e the city Fetti~ material f~a o~e~ source~, advlsl~ that some information has been ~en~ to Council and ~at lnfor~tlon la available wheneve~ wanted, On motion cf ~. Hinton~ ~eco~ed by ~. ~aldrop and unanimously a~ pied, the co~nicat~on ~s refer~d to the Co~l~sloner of Health fo~ considcra~ion co~ectlon ~ith the s~udy bel~ made of th~ ~tter, S~R CONSTRU~ION: A co~unlcation from Red ~l~e, I~orporated, askin~ ~at the city extend a se~er line ~ ~evve the ccmpa~*s ne~ te~Inal ~v~ldin~ ~ Fara~ now beX~ erected at 2310 Orange Avenue, N. E.. having ~en referred to the City Hanacer for study, report a~ reco~atlon and ~o report back ~ Council, the City H~acer submitted the follcwing report~ "Roaroke, Virginia March 16, 1953 To 'lhe City Council Roanoke, Virginia Gentlemen: You referred to me for ~nves~l~ation ~ ~por~ the req,]e~ of Red L~ne,~ Incorporated, for sewers on Orate A~enue, N. E. There are t~ee ccn~lderat~Cns ~o ~he p~Dosal which I would like %o d~scuss: 1. A sewer pro~ect which would entail ~he goner,1 ares between Tl~er Creek and the C~ty Limits ~o the e~t. T~s would ~clude ~he Red L~ne Bulldlng. I could not reco~mnd th~s because much cf the area on Orange Ave~e ~s H~lly and ~se~ to a he~gh~ at ~ome point~ of ~0 ~o 50 feet. my open,on, as a layman, ~t w~ll Be ye~s, ~f ever, before the sec~ion w~ll be developed as a residential section. ~erefore ~e cost of t~s would be prohibitive and ~nequ~table. 2. It ~S about ~,0~ fee~ f~m our ~er Creek l~ %o the Red L~ne building. ~c~ of ~he l~ne woul~ have ~o ~o ~ough rock. The estimated cost w~ld ~e ~6.~ per foot or .,P~,~O.00; ar~ ~t ~s customary for ~he City %o pay one half of this cost. If you authorize th~s, ~t me~s other areas will be curtailed of sewer ~erv~ces. 3. An a~%empt %o make e co--action ~o the sewer l~ne ~n the Idle~'lld- Kenwood ~ection nea~ K~nE Strect end Vln%on ~.~11 Road. ~z would entail cos~ ~n excess of the other p~posal~ due %o two severe r~es ~n the contour of ~he le~. This would necessitate a ditch throuFh d~rt a~ rock which a~ln would m~ke the cos~ seemingly prohibitive. I cannot reco~end the accomplishment of any of the three. Respect~lly submitted, (Signed) Arthur 8. ~wens C~ty F~naEe r" ~. M~nton ~ved ~hat Council concur in .the reco~at~on of the C~ty Manager. The ~on was seconded by Mr. Woody a~ unan~ously adopted. for t a , c 3 s p as co~pared wl~h 822 office calls a~ 936 prescriptions filled for ~e month of Feb~a~, 1952. The report ~s filed. DEPA~ 0F PUBLIC ~E: ~e City Manager ~ubm~tted ~itten report from the Department of Publlc Welfare for the month of February, 1953, shying 1,489 cases ha~led et a tot~ cost of ~70,394.O~, as compared with 1,~89 cases handled at a total co~t of ~,373.37 for the ~nth o~ Feb~ary, !95~. The report was filed. ¸88 D~PAFFI~EMT OF I~PLIC ~E. LPA.RE, t The City Hanager submitted ~'ltten reports coverl~ the e~endit~es a~ activities of the Depau~ent of ~blic ~elfaue the month of January, 19~3, in compliance with Sections 63-672 a~ 63-67,~, C~e of '~he reports ~ere Filed, REFORTS{ The ~ity Han~e~ ~uMitted ~itten reports from the Department AI~ Fol~ut~on Control For the mcnth of Feb~auy, 19~], the Depar~ent of Bulldl~ and ~lumbi~ I~pection For the month of Feb~muy, 195], the Dep~tment of Parks a~ Recreation fou the'~nth of Pebn~a~, 19~3, the Electrical Dep~tnent for the ~onth of February, 19~, the Hunicl~al Airport ~r the mon~ of Feb~y, ~d the Purchasl~ Department for the month of Feb~a~, The ~ sports ~ere Filed, CI~ JAIL: A co=~un~cation fr~ ~-, Fred O, Gray, Chief Deputy In the offlc~ of the United States Ha~shal, Depau~ent of Ju~tice~ ~'estern District of to~ether ~lth a ~o~ c~t~act cove~Ing ~he k~ep of Federal p~lso~rs In the Roanoke City Jail ffo~ a period of three yea~s, u~e~ the s~e ter~ and co~2tions as the extstl~ contract, havinE been refer~d to the City ~nageu fo~ the purpose of ascertain[nE ~hether o~ ~t he could ob~aln abetteu rate than the present seventy- five cents ~r day pe~ person, the City ~naEer s~ltted the follo~In~ repovt: "Roanoke, March 16, 19~3 To The City Cou~ll Roanoke, V~rg~a Gentlemen: I have been advised by M~. E. L. Wl~tead, City Sergeant, that in ~rtherance of a co~erence with ~. Gray, United Sta~es Department of J~st that they have been able ~ secure a rate of $!.00 per day instead of the cents now received. ~s ts consistent wi~ Portsmouth and Lynchburg; and to the best of my knowledge ~d belief of !~ormetion received fro~ Mr. ~lnstead no other City will receive ~re th~n $1.00 for services. Respectfully submitted, .(S~gned) At,ur S. ~e~ City Man~ger" In a discussion of the report ~d the rate of $1.~ per day per person, the City ~nsger advised that he had, at the suggestion o~ Mr. k~ebber, contacted ~. Paul V. Betters, E~ec~tive Secret~ry of the Un,ted ~tates Co~erence of ~ayors, ~n the hope that he ~ould get so~ bas~s for such payments, but that he w~s l~formed there had been ~ co~pllation of such payments or f~gures ~n a n~er of years, ~. Bettez suggesting that ~f the city feels that It should get ~ore than ~1.00 per day that further negotiations may be In order. Mr. W~ldrop moved t~t ~e matter of the contract be referred back to the City Manager to see ~f add~t~on~ fu~s or a h~gher rate per day c~ be secured. ~A~he motion was seconded by ~. Woody a~ un~Imously adopted. ST~ LIONS: The City M~ger su~tted ~tten report w~th the recom~e~ tion that street ll~ts be installed at the locatio~ set forth In the report. ~. ~nton ~oved that Cou~l concur ~n the fecundation of the City Manger ~d o~fered the follow~ng Resolution: (~1174~) A ~SOL~ION ~thor~z~ng the l~tal~at~on cf street l~ghts at various locatio~ in the City cf ~oanoke. (~or full text o~ ~solutlon, see Ordi~ance~Book No. 19, Page 290). ¸89 I'~** Minton moved the adoption of the Resolution, ~he motion was accorded I~o %;oody and adopted by the Followin~ vote: AYES: Messrs. Mtn~n, Wald~p, ~oody, a~ the ~resident, M~. Webber---~, NAYS= None ............... O, (M~, You~ absent) POLICE DEPA~T~ The Clt~ ~Ke~ su~ltted w~ltten ~port on the resig~t of GordonThe~llll~repo~tRumbur~,~as Flled.fr°m the Police Dep~t~nt, effective Hatch 2~ 19~3, TRE~E~ERI The City Auditor presented a v~itten request F~m the City } I Treasure~ requestl~ that the p~tty cash fu~ In the Treasurer~. ~ffice be increased by ~1,~0,~, The Audito~ advised [hst there vas an t~dlate ~ed ~o~ action on the request since the .ervice of ~e Treasurer's office ~e~ered at the Division of Hoto~ Vehicles Office nece.aitated the need of additional cha~e~ f~th~r advi~l~ that th~ petty cash ~nd ~a~ at pre~ent i~,O~.~. It beln~ the opinion of Council that the request should be ~ranted~ ~w. ~'~drop offered the follo~in~ Re~ol~tion~ (~117~) A RES0~TION to establish a petty cash fund fo~ the Treasurer of $3,O00~00,a~ revoktn~ Resolution No. 9~5R, adopted on the ~th day of October, 19~;?. (Fo~ full text of Resolution, see O~dinance Book 'No. 19, PaEe 291]. ~. WaldPop moved the adoption o~ the Resolution. The ~tion ~s seconded b~ ~. Woody ~d adopted by the followl~ vote= AYES: MessP3. M~nton, Wald~op, Woody, and the President, Hp. Webbe~---~. NAYS: None ........... O. (Mr. k'ounf absent) REPORTS ~ C0~i~ES= LI~NSF TAK CODE: The ~equest of Mm. F~ancis S. WaltaPs, Pepresentin~ the Roanoke P~IntePs Club, asklnF that the ~cent ~eductio~ In the nanufact~ePs license tax be applied to the prlnti~ lndust~, havl~ been refePred to a committee fop study, report ~d reco~endation to Gou~ll, the committee submitted tbe follo~nE "Roanoke, Virginia March 16, 1953 To The City Council Roanoke, Virginia Gentle,eh: You referred to a committee, composed of the undersigned, a request From Hr. Francis Walters that the orlnters in the Clty,~o now buy s license under Section 110, Page ~8, of the- License Code, be psrmitted to pnrchase th sm~e license as ~anufacturers under Section 91, Page 45 of the Cede. Since the language of the two sections is synonymous and Councll has previously reduced the manufacturers' license From 15 cents to 10 cents, in the opinion of the committee equity should be preserved ar~ the printers treated on s like basis. Respectfully submitted, (Signed) Arthur S. Owens (Signed) Harry R. Yates (Si~ned) Ran G. ~hittlee Hr. Woody moved that action on the report be deferred for one week sinceMt-, .{ Young is absent. The motion was seconded by Hr. Minton and unanimously adopted. ALCOHOLIC BEVEPAGFS: The request of the Raleigh 6ourt Civic League that the adopt a opposlnE the application of Hr. Council the City Roanoke Resolution Israel Tarragano, ouner and operator of the Triangle Food Market at RP09 Brandon LA'~us, S. W., for an off-premise beer license, having been taken under advisement '9'0 rospect to on- and-off premier licenses~ the matter was again before the body~ the City ~lerk preeentinF the £ollowir~co~unication From the Superintendent of Hr, H. E. Hoorman~ Clerk Roanoke City Council Roanoke, Virslnie Dear ~r, Hoorman{ In reply to City Couns il~e inquiry as to the School Board'e policy concerninE th~ ~rantin~ of beer licen~es, I quote the oolicy as adopted by the Board on January 1~, 19~1~ '51 - ~: POLICY CONCERNI~O SALE OP BEER FOR OE-PB-~-~IS£S CONSUI~/~ION IN L~4~DIATE VICINITY OF PUBLIC ECEOOL~{ The Superintendent reported ere,. o . . After discussion and delibere tics, the Board, on motion of are. BinS, seconded by Er. Hire, adolte the policy that it would oppose the 8rarities of license for the sale of beer for on-pre,ieee consur'~tion in the t~,~ediate vicinity o£ any public school in the City of R~anukeJ At an informal meetln~ of the Board on Thursday, Hatch 1~, 1953, it ~ss aFreed that this policy would bo expanded to include the statement that ~here off-premise licenses are operativ~ in the lr~edinte vicinity of a school the ~oard ~ill insist that the la~ be strtctly enforced and that no consumption of beer be pemuttted in the luuuedlete vicinity of the school.' No exact distance can be readily ~lxed as an interpretation o£ 'lrmuediate vlcinity~ but the meaning is that the consu~ption should not occur near the place of sale ~ere ~shool children normally pass or conFreFate on their to and fro~ school. Based on co~plaints of citizens, specifically the Raleigh Court Civic LeaFue and the ~oodrow ~il~on P. ?. A., it ~ould appea~ that on and off- license privilege at the intersection of Brandon Avenue ,nd Carter Road has an the past seriously exposed the school children o£ the r~arby ~oodro~ ~ils~n Junior High ~chool to objectionable non-conformity to the Very tFuly yours, {Si6ned) D. £. EcQuilkin Superintendent of Schools" In a discussion of the matter, ~r. Philip H. Elliott, member of the Ralel Court Civic League, spoke for ~he League advisin8 that petitions had been circulated lin the i'~ediste area and amon~ uatrons of the ~oodrow ~ilson Junior High School :llicense. Mr.I~lliott, and,~r. Randolph J. Salmons, President of the RaleiFh Court i{ Civic League, ur6ed Council to edopt a Resolution opposir~ t~e license. X~. R. T. Edwards, Attorney, expressed the thoufht that Council should act i consistently on this request, that the two appllcetlons for llcense~ in the sa~e lhutldin~ should have the aa~e treatment, and that s!nce Council has ~one on record I oppoainf the application of the Dairy Fountain it should take the name action on { · the TrianFle Food }{arket aOplicaticn. 'Mr. Arthur E. Smith, Attorr~y, statler that Council hsd previously heard objections to the adoption of the Resolution in connection with the Dairy Fountain applicatl=n and that he hes no interest in the Triangle Food Racket application, 'statin~ further that if Council opposes the Trisnele Food Racket application, and ado~ ts a Resolution to that effect, then both applicatior~ have been treated the but that if Council does not oppose the Triangle Food Racket application then Councll~ should take other action to crake both the same, Nrc ~tnton offered the follo~fn~ Resolution{ {#1l?hJ) A RF£0LUTION requestin~ the Alcoholic Beverage Control Board to refuse to Frant Israel Terragano, owner and operator o£ the Triangle Pood Necker, a retail license to sell ~ine and beer or beer at said ap_plicant~s present tnsinesa location, ~209 Brandon Road, S. V., in the City of Roarmke. (For full text of Resolution, see 0rdlr~nse Rook Eo. 19, ?a~e Hr, Minton moved the adoption of the Resolution. The motion wes seconded M~. Waldrop and adopted by the follo~ing vote~ 'AYES~ Messrs. Mlnton~ Waldrop~ and ~he'~r~eident, Hr. Webber- ..... R&YS~ Mr. Woody .......... 1. (M~. Young absent) M~. Woody stated that he could not vote for the Resolution, explaining that when he voted for the Dairy Fountain ~esolutJon he ~ea under the impression that'the School Board wee opposing the grantin~ of either the on or off-premise license. 'In view of the latest com~unication from the School Board he had to vote "no" on the Triangle Food Resolutlon~ stating further that he fe~t the School Board poli~y should bm consistent. AIRPORT~ The City Harsher at the last meatin~ of Council having presented a sport in connection with proposed Airport Improvement pro~ects in which the State o£ Virginia and the Civil Aeronautics Administration will participate, the matter wes again before the body. After a discussion of the matter, Mr. Mint~n ~o~ed that it bo carried over for one week until full membership of Council le present and that the City Attorney prepare the p.~o~er Resolution crcatin~ a p~o]ect. The motion was seconded by Mr. Woody and unanimously adopted. CONSIDERATION OF CLAI}~: None, !NTRODUCT!0~ A.ND CONSIDEraTION O~ 0ND!NANCF~ AND R~0L~TION$: D06S: Ordinance ~oo 11737, provldin~ for the compulsory vaceir~tion of dogs, having previously been before Council ~or lts first reading, re~d and laid over, was a~atn before the b~dy, Mr. Woody offering the following for its second reading and final adoption: ($11737) AM O~DI~NCE requiring the lm~unlzation of certain dog~ ~,bles end establishtng'.the procedure, rules and regulations relative thereto; authorizing the Co~,missioner si Health to est~bllsh requisite clinics and investing him with certain authority in the premlses$ providing penalties for vio!atia] defining certain terms and providing for the citation of the 0rdinsnce. (~or full text of Ordinance, see OrdinanceRook No. 19, ?ag~ 2~7). Mr.¥oody moved the adoption of the Ordinance. The motion was seconded by Mm. Waldrop and adopted by the following! vote: AYES: Messrs. Mlnton, Waldrop, Woody, and the President, Mr. k'ebber }IAYS: None ............ O. (Mr. Young absent) TRkvPIC: Ordinance No. 11739, providing free parklng not exceeding eight consecutive hours for paraplegics and amputees, having previously been before Counc for its first reading, read and laid over, was again before the Body, Mr. Minton o~fe~lng the following for its second reading and fl~al adoption: (#11739) AN ORDINANCE amending and reordaining Section 39(b) "Paraplegics and Amputees" of the Traffic Code of the City of Roanoke. (For full text of Ordinance, see Ordinance Rook No. 19, ?a~e 289). MI-. Minton moved the adoptlon of the Ordinance. The motion was seconded by · ~L~. Waldrep end adopted by the following vote: AYES: Messrs. Minton, Waldrop, Woody, and the President, Mr. Webbe~- NAYS: None .......... 0. (Mr. Young absent) SIDEWALK., CURB AND GUTTERs The City Attorney havin~ been requested to spprol an Ordinance to be prepared by Hro R. ~?, Edwards, Atto~ney~ representing 2t. Harris Lutheral~ Church, in connection with tho matta~ of cona(ructin~'aidewalks curb and gutter alonE Highland Avenue and replacin6'the o~iatin6 sidewalk o~ Franklin Road, S, ~/., st the expense of the citys in exchange for the donation of five ~eet Of along the ltlzhland Avenue aide of the new church, presented samelwhereupon, Fa*. %~oody moved that the following O~dinance be placed upon its first readinF. The moti secorded by Hr. Hlnton and adopted by the follow~ votes AYES: I/eserso Hlnton, I/aldrop, l/cody, and the President, Hr, l/abhor--h, NAYS~ .None .......... O, (Hr. Youn~ absent) (~117~) AN ORDINANCE providing for the dedication of a five (~) foot strip by the Trustees of St. Hark*s Evangelical Lutheran Church in fee simple to the City of Roanoke~ located and bounded by the present Highland Avenue, $. W., forty {~0) fee wide and the balance of the property of the T~usteee of St. H~rk*s Evangelical Lutheran Church and extending from Franklin Road on the West to a t~'elve (1~) foot alley 26~.~4~ feet in length plus a curve st the .=outheast corner of Pranklin ~oad and H!Fhland Avenue having a radius of fifteen (15) feet connecting the present boundary line of Pranklin Road and the remainlr6 prope'rty of St. Hark~s Evangelical Lutheran Chvmch~ all of ~hich is located in the city of Roanoke. ~.?tF/~F-~$, there has been prepared by the City EnFlneer sa Plan Re. 3986 a Plat showin~ a proposed five (~) foot addition to HIFhland Avenue making th, Avenue forty-five (~) feet in width from Franklin Road to an allay ~6).~ feet easterly therefrom and a curve at the southeast corner of Franklin Road and Hi,bland Avenue with e radius of Fifteen (15) feet, and %~HE_RF~S, it is deemed nroper that the Trustees of St. l/.ark~s Evar~elical ILutheran Church, together with John D. Cart and l/. Po Hazle~rove, Trustees under a iDeed of Trust securing The First National Exchange Bank of Roanoke, Virginia, who Join in the dedication by the signatures of Edward H. Ould, Executive Vice-President attested by C'. P. Ksnnett, Cashier, dedicate this land to the City of Roanoke, and ~'HI~EA$, to co~ple'te the dedication it is proper that the aforesaid plat be recorded so as to officially dedicate the five (~) foot strip and the curved aforesaid thereby widening Hitch!and Aversie from Franklin Head easterly to an alley in 'the rear of .~he property of st. Hark~s Evangelical Lutheran Church, and %/EE~EA.5~ the Trustees of St. Hark~s Evangelical Lutheran Church have execute deed dated ~rch 13th, 19~3, conveying the aforesaid strip of property to the City of Roanol/e, Virginia, to which deed John D. Carl- and I~. p. Hazle~rove, Trustees undo the Deed of' Trust, and The First National Exchange Bank by Edward H. Ould and C.P. Kennett~ have Joined for the purpose of releasing the lien of a certain Deed of True and %%IIEREAS, the City o} Roarnke Plannin~ Commission through its duly authonlzed agent has recommended that fha Council approve said Plat providing for the widan!ng of said street. T~FORE, BE IT Ot~J~AII~"D by the Council of the City of Roarmke, ¥1rEinia; th'at the proper 'city officials be, and they are hereby authoriz'cd and directed to execute on Behalf of the City of Roanoke, Plan No. 395~ prepared by the City Englnee March 10, 1953, showing the dedication of the land aforesaid, BE IT FURTHER O~DAIt/ED that upon the execution of the aforesaid plat by the proper City Officials and upon the approval of the City of Roanoke Planning Co~lse! n, or its a~ent, as evide~ed by its o~ his si~nat~e on said plat the City Clerk do forthwith cause the s~ to ~ admitted to ~cord In the 0Fffice of ~e Clerk ~t he Hunt.Es C~t off the City off Roanoke~ Yi~infe,' and that he ~ ffurthe~ l~teucted 'forthwith to receive the Deed afo~esal~ ~m the T~stees of St. Hark~s E~anEelical ~theran 6hur~,' dated Hatch 1]th, '1~3, and ca~ t~ s~e to ~ a~itted to record In the aforesaid Clerk's Office. The ~d~nce having been read, was laid over, T~FIC~ ~ ~oody called ~e City Ha~s a[tention to parking on Avenue~ S. ~.. in the P~bloc~ at the locstio~ of the bi~ o~k tree~ that ~no parkin~~ s~n~ or so~e marki~ prohibiti~ p~rkin~ fo~ probabl~ fifty feet From the t~ee be erected. ~tatinE thak if cars ~ere parked clo~e t~ the tree It crea~ed ~ psrkin~ haza~. The City H~nage~ advised that he ~ld look into the matter. STR~ I~0V~E~S: ~. Hlnton called Council's ~ttentton to Cove Road~ between L~f~yetke ~oulevard lnd Hershber~e~ Road~ ~tetln~ that the property h~d heretofore ~reed to ~iv~ l~nd fo~ ~identn~ of the street In exchanEe fo~ curb~ ~tte~ s~ sidewalk and suggested that' the City Hanage~ furnish Council ~lth e~timat~ of ~he cost For the ~[den~ paving and co~t~uctlon of curb ~nd only. f~o~ LaFay,tt~ Boulevard to Hershber~em Road. ~dvis~n~ that he ~elieved the' people would be satisfied with curb ~nd ~u~eP at this time. The City Man~ger advised that he ~,]]d furnish Council the estimate. STRE~ I~ROV~F~S: ~. Wmld~op called the City Manager's attention to ma~n leaks and water holes tn Carolina Avenue, S. W., below the ~500 block. ~e City Hanager advised that he k~uld look into ~e matter at once. ~IDS: ~. Waldrop ra~ed the question of the clty~s for~ used in Pequestir~ bids on various items such as typewriters, ~ere bid specifications ~e set OUt the~ do not apply to the a~ticle s~e companies have, ask~if there should not be an equal clause included ~n t~e bids. ~e.C~t~ ManaEer advised ~at he ~uld look ~n%o ~e ~tter. There ~ing ~ further ~s~ness, Cocci1 adjourned. APPROVED A~FST: ~ {~ Pres/dent COUNCIL, RI~GULAR H~FTINO, Hondsy, Hatch ;?3, 195;3. The Cour~ll of the City of Hoanoke m~t in regular meeting in the Circuit Court Room in the Municipal BnlldirF, ionday~ Hatch 23, 1953, at 2sO0 o'clocks the regular ~eeting honr~ with the Presidents Mr. Webber, presid PRESEt~ Hessrs. Minton, Waldrop, Woodys Young, and the President, Mr. Webber ................. A~SER~ Rone---O. OPPIC~3E PRESENT: Hr. Arthur S. ~ens, City ~ana£er, Mr. Randolph G. City Attorney, and hr. Harry R. Yates~ City Auditor. The meeting was opcned with a prayer by Rabbi Tobias Rothenberg o~ the Beth Israel Syna~ogua~ MIR~TF~: Copy of the minutes of the regular meeting held on ~or~ays March 9~ 1953, havin~ been furnished each member of Council, upon motion of Hr. Waldrop, seconded by Fw. '~oody and unanimously acopted, the reading was dispensed with end the minutes approved as recorded. HEARING OP CITIZENS UPON ~UPLIC MATTFRS: PRANCHISFS-~O~N~KE GAS C0~PANY: Mr. ~. P. H~zlegroves Attorney for ~oenoke be ~ ~ ad e t }ir [iG~S Company, having requested in a letter dated Decem r , 195 , dress d o :]~ R M~ nton Chairman, Roanoke Gas Company Coa~ittee, that he be permitted to libefore Council to present the company's ~osltfon, unless the co~.aittee could [!to Council a renewal of' the franchise upon substantially the same terns as set out i]the previous franchise, Mr. Hazlegrove and Mr. John C. Parrott, President of Roanoke Company, anpeared before Council. ]Gas Mr. Nazlegrove reviewed the old franchise, stating that his company has had the £ra~chise for a number of years, that the company in May, 1951, had requested renewal of the franchise and that his company had furnished to the Council committee all the data requested, 1-1r. Razlegrove basinE his remarks to Council on the followin letter: "December 2, 1952 Honorable A. ~. Minton, Chairman, Roanoke Gas Company Franchise Co,-r~ittee, Roanoke, ¥irginia Deer Mr. Minton: £his will acknowledge receipt of your letter of Nover~ber 28, addressed to the Roanoke Gas Co~pany, attention of the writer. I understand fro~ your letter th'~t if acceptable to the Roenoke Gas Company, your committee will recommend to Counella franchise to contain 's~uong other provisions': 1. A franchise for 20 yeers; 2. A charge or tax of 3% of the gross sales of gas in the City; and 3. To sell to the City all the gas it may desire at one-half of the applicable rate. Pirstl ~uay we thank the committee for its courtesy In pex~aitting us to express the Company's position with respect to this franchise at a meeting of the committee on Eove~ber 21, which was our second meeting with your committee since this matter was begun in May, 1951. We would like again to respectfully.call to the coxmlttee's attention the Company's position in thls matter, as set forth in Mr. Parrott~s letter of June 24, 1952. We wieh very courteously and respectfully to give to the committee and Council the Company,s posltlon with reepect to the three above enumerated suggested provieloas of a renewal £ranchise~ l. A franchise for a perlod of 20 years is acceptable to the Company~ 2o The Dog, any is unwilling to contract for or agree to an ordinance franchise w~lch will provide for a tax or pay,~ent of 3~ of the gross received From the sale of gas to consumers~dtb~n the City. Under the ¥1rglnia statue, the Company pays to the C~ty a tax of one- half of one percentu~ of the gross receipts for use of the City streets By its mains, but it cannot tn fairness to its customers agree to impose upon them indirectly an additional tax of 3~. We respectfully request that your committee and the members of Council bear In mind the fact that the Roanoke Oas Company ls'a mere merchant. We buy a commodity, natural gas, fro~ the ¥1rglnia Oas Transmiss!on Corporation a subsidiary of the Columbia ~ystem, and at a price fixed by the Federal Power Commission and by that 6ommission altered from time to time. We distribute that ammo co~mcdiby to our customers, ap}roxlmately 16,000 of them, in the 61ty of ~oanoke, and at a rate fixed by the State Corporation Co,~lssion of Wlrglnia. ~he only difference between us and the other merchants is that our costa and resale prices are fixed by a Con~lssion, whereas their costs aaa resale prices are controlled only by competition and supply and demand. he other merchants in the City of Roanoke, including our prlncieal competitors, the distributors of coal and fuel o11, ray a tax to the ~tty off one-half of one percent. We now pay the same tax. Is it fair ~o the Ca~ Company or to its 16,000 customers to impose an additional 3~ tax on them i whl~e the consumers of coal and oil escape with no tax? Our mains are beneath the streets and the streets are adequately repalr~d under the City's direction whenever they are torn up for the installation orI reeair of any mains, We do not t~se the surface of the streets, nor do our mains in any wise interfere ~lth their free use by the traveling ~ubltc. respectfully submit that the Gas Company's use of the streets is less burden~ some sad expensive to the City than their use By the delivery vehicles of co~1 and o11. 5hould we, therefore, pay this tax while those who use the surface] of the streets pay no tax? There is at ures~nt effective a 5~ tax paid by the consumer on the Fas which he use~, bui no such tax is on the consumer of coal and oil. ke that you gentlemen, as well as the members of Council, properly feel that this is an nnJust and discriminatory tax against the users of gas, to t he extent that it is in competition with coal and oil, and many of you have very frankly and fairly stated that you felt the ~ tax should be removed from the eale of gas used for heating. ¥,%y, then, should we consider in one breath a just removal of the discriminatory 5~ tax on the consm~er and in the smme breath attempt to impose an additional unjust 3~ direct tax ~tch in turn must be passed on As ~ have pointed out to you ~entlemen, and as you all very ~ell know gas is not only the only utility but the only commodity of any kind that we know of which has been reduced in price in recent years. The Roanoke Gas Company, in October, 1950, reduced the price of gas by approximately ~0~. The noanoke Gas Company is the only utility in this co.'~untty that is locally owned, managed and operated, lts management has successfully strived to render zood service at a reduced price. Depending on the cost of Fas and other items over wh/ch it has no control, it confidently expects to avoid ar rate increases and earnestly hopes that there may be a possibility in the accomplished if Council ,:ndertakes to i~ose an additional tax on its sales Such taxes are an i~direct tax on our customers, and this we cannot ~illinzl 3. The proposal that the Gas Company agree to sell to the City 'all gas it may desire for its public purposes-at 50~ of the prevallin~ rates, is impossible. This would be far below the actual cost of the cas prior to any distribution cost. The City might conceivably undertake to heat all of its schools and other public buildings with Cas, and the money involved might well run into hundreds of thousands of dollars. This suggestion Is in effec' another form of tax, and would necessitate an increase in rates to our customers, to which we are unwilling to consent. We do not believe that the City ~uld even sucEest, much less demand, that the oil companies and coal dealers, as a condition to usin~ its streets sell the City its requirements at half of their prevailin~ pric~s to their other customers. We respectfully and urgently request the City to speedlly comply with the statute and advertise for bids for a renewed franchise (the previous franchise of the Roanoke Oas Company having expired on June 30, 195~), and upon substantially the sm~e terms as the previous franchise, that is, for either twenty or thirty years (the latter preferable to permit the necessary eFonomlc financing), and without the unacceptable elements above discussed. If the committee is not advised that it can race,end to Council, and latter presently adopt, an ordinance advertising such a franchise for bide, we respectfully petition Council to permit ua to appear before them at a vex garly date and present our position. Even the City, in its operation of its Water Department,.hae found it necessar~ to continue to improve and add to its diatrl~tion aystemo The same is true of the Gas Company, and this expansion to serve our customers cannot be made on the basis of a franchise extended from time to time for sixty-day periods. We must have a definite, long-term franchise to serve the public. Incentive is destroyed when efficiency is rewarded by an increased tax and we only beg you gentlemen and Council to permit us, without strangling taxes, to have an oppnrtunity for enterprise and enjoy some reward for efficient o~eratton which will inure to the benefit of our customers end th com~nity. ResPectfully yours, (Signed) W. P. Mazlegrove. Attorney for Roanoke Gas Company" In a discussion of the letter, Mr. Mazlegrove pointed out that the companyls rates are Fixed by the State Corporation Commission to give the company a Fair advising that 1952 was the first year in several years that the company has earned reaso!~able return on its investment, stating further that the company has not asks for a rate increase and hoped they would not have to, that the company was reluctant to apely for a rate increase and that they will delay it as long as possible, but adding that the company may have to seek a rate increase if the Federal Power Com.~ts sion continues to allow ~olesale rate increases for natural gas. Mr. Hazlegrove further ad;ised that any franchise tax, as suggested by tbs iico~lttee, will have to be n~ssed on to the consumers. After a ~urther discussion of the matter as to use of streets by the Gas i!Comnany, the taxes paid by other utilities, the rate on ~hich tbs Gas Co~nany ilhas set its pension system and the number of miles o~ pipe lines within the city, I!and there being no further questions, Mr. koody moved that the matter be referred back to the negotiatfn~ co..~ittee for furthe~ study. The motion was seconded by YourF and unanimously ~dopted. PETITIONS AND COMk"3NICATIONS: 5UDGET-SM~KEn CO!~ROL: A co~.~,unlcation fro~ Hr. Henry B. Boynton, Chairman o£ the Advisory and Appeal Board to the Director of t~he Department of Air Pollution Control, a~sk~ng that the travel exoense account in the ~epartment of Air Pollution Control budget be increased, having heretofore been referred to the City Manager study, report and recommendation, and the City Manager having recorm~nded that act~o~ Council to reconsider the request at this time since there was an annual ~eeting of the Board of Directors of the Air Pollution Control Association to 'be held on May 2~, 1953, and that there are not sufficient funds left in the travel account to permit Mr. Frost to attend the meeting, and that consideration after July 1, 1~,53 would be too late. Mr. Youn~j moved that the matter be referred back to the City Man~ger to ascertain ~at s~mount o£ money would be needed and to report back to ~ouncil. The motion wse seconded by Mr. Woody and unanimously adopted. TAXES: A comz~unicatton from Miss Faye Coates, Executive Director, Young ~:o~en's Christian Association, asking Council to relieve the Association from paymen of. the last three quarters of the 1951 real estate taxes, amounting to $335.84 plus interest and penalties, assessed against the corner space of its building occupied by the Meringen Tea Boom, stating thai the YWCA paid reel estate taxes on the first quarter of 1951, ~hile the tea room was rented, but that the opera~r~ave up Hhe operation of the tea room in Marc~, ~951, and that the YWCA then took over ~a operation, was before the body. Hr. Woody moved that the matter be referred to the City Attorney to look into the status ar~ to report back to 6ounctl. The motion was seconded by Mr. Waldro~ and unanimously adopted. TRAFFIC; A petition Filed by F~. Bay.mend f. Barnes from the residents and prCperty owner~ ~n the vicinity of the intersection of M~ple Avenue, Walnut Avenue and First Street, $. W., requesting that traffic conditlons at this intersection h e studied and that some protection be given to the pedestrians crossing at this point, was Before Council. Mr. Waldrepmoved that the request be referred to t~e City ~anagcr for study, report end reco~endation to ~ouncil. Yhe motion was seconded by Er. Minton and unanimously adopted. DELINQUF~ TA~FS: A co~unication fro~ the Acting Delinquent Tax Collector, asking that the City Attorney be Instructed to institute suits to enforce the city's? lieu for delinquent taxes against properties outil,~ed in her com~untcation, was before 6ouncll. Mr. M~nton moved that Council concur in the request and ~hat the City A~forr y prepare the necessary Be$olutlon for the ne~t meetinr of Council. T~e motion seconded by Mr. Weldrop and ~nanimously adopted. FUSES-POL!CE DEP~TMFNT; A co~unicatlon fro~ Er. J. Fry ~!there, PO~ Fleming Road, N. W., protesting a[ainet any increase in the ~s fare and sug~estin~ that chsnges be made tn the Bus schedule of the Huntington Court bus~ and su~gestinE furt that a police officer should d~aw the s~e punishment for promiscuous shooting as any citizen, was Before Council. F~r. Minton moved that the matter pertaining to.the bus rates and schedules be referred to the co~ittee appointed to negotiate with representatives of the bus companies re]atlve to fares, routes, schedules, etc., and that the ~art pertaining to shooting be referred to the City Manager for his attention. The motion was secon by Mr. Young and unanimously adopted. REPORTS OF OFFICERS; G~ADE CROSSINGS: The City ~anager submitted the followlnF letter for Counci] s information and advised that every effort is Beir~. m~de to expedite the negotiation: for the Jefferson Street Grade Crossln~ Elimination Project; "March ]9, 1953. Mr. Arthur S. Owens City Manager Roanoke, 91rE,mia Dear Mr. Owens: Your teleFr~ of March 18 ia acknowledged. The Consulting Engineers have prepared tentative plans showing the details of right-of-way to Be acquired, %h ich were forwarded to Mr. Broyles from Mr. ~ell on March 5, 1953. I a~ sure that M~. 5roylea is checking several items and in ~eneral these plans and will reply to Mr. Bell. ed '9'8 As soon as the minor adjustments ere complete, they can be then approved for right-of-way acquisition following which we will be in a position to definit consider the report of the ap~raisers. Sincerely yours~ (~lFned) ~. P. Smith Urban Engineer~ The co~unication vas flled. CIVILIAN DEFENSES The City RanaFer sul~titted written report advlsln/~ that plans have been worked out with the Norfolk and ~estern Railway Company ~hereby the city can install one of its civilian de£en~e sirens on property west of Shellers CrosslnF, toFether with the following co.~untcation from Hr. R. A. Nelson oe the Norfolk and Hestern Railway Companyl ~Harch 19, Hr. Arthur ~. Owens, City Hunictpal Building, Roanoke, Virginia° Dear Hr. O~ensl Your letter February ~th in conne~tion ~lth City Of noanoka'e request for permleslon to place airart on Railway property ~est o£ ~ha££ers Crossing in connection with City Civil Defense Alarm I enclose for execution appropriate agreement with the City of Roanake For encroachment of a warning siren, ~ower line and connection Per telephone line, In Roanoke, es per our Plan N-~4~, attached to the a~reement, ~tch is based on a nominal rental of ~l. OO per year. treatment on the part of the Railway, after ~hich you ~tll be furnished fully executed copy for your files. It le our understar~ilr~ that you ~111 arrar~e ~ith the Telephone Comma~ for such installation as may be required fro~ them, and this a~reement the location of required facilities on our ~rot~ rty. ~e are also a~reeable to furni~hir~ required current fro~ our po~er line ~ithout cost to the City, but this will require the installation o? a transformer on po~er llne pole located nea~ the old rese~voir at an esttmatel cost of ~00.O0 In order to ~upply ~-phase ~O-volt current reouired. assume that the Funds available for ~tvil Defense preparatione '~lll enable the City to bear the cost of this transformer. ~hen you are ready for the power llne connection and desire any further information as t o the telephone installation, ~ ~ill be glad to have your further advice so that any arrangements required on our part may be given appropriate attention. Youre truly, (aIcned) Re A. Eelson, Supt. Termtnalao~ On motion o£ ~ro Waldrop, ascended by ~r. ~inton, and unanimously adopted, the matter ~as referred to the City Attorney Fo; preparation of the proper Re~olutlo~ $CHOOLS-P~ES AND ?LAYO~OU,¥D$: A comunlcatlon from the Clerk of the Boanoke City ~chool Board eu~cestlng 6hat the city purchase forty acres of land lyfn~ adjacent to the Bhrfne Hill property, having been referred to the City Hanaaer end the City Plannfn~ Co=misslen for ~tudy, report and recom~endation, the City submitted t~e following report: "Ro~oke, Virginia ~arch ~3, 1953 To The City Council Roanoke, Gentlemen: 5 . You referred to me, in your ~lle ~4~?, a letter from the Clerk of the chool Board concerning their pro~osal that the City purchase forty (/~) of land, lying adjacent to the ~wlne till ~ra~erty. alnce the City now ninety-nine (99) acres of land, more or less, ~hicha t the present ~lme we are not using except in a casual manner, it does not seem practical to reco~..end f~rther expenditures for land in thie The following letter fro~ Mr. Paul C. ~uford, President of Shenandoah Life InsuvanceCo.~ Inc., ~htch is for your lnformation~ * March 19, M~o Arthur S. Owens, City Harmger - City of ~oanoke, Roanoke, Virginia Your letter of Hatch 1~, which was received in my office on Hatch 16 when I was in Chicazo, has received con~lderation. office bul[dlnz la located, the acreage lyir~ between Flshburn Park the Shrine Hill property of the City. In any event, some ten to fiftee The residue of the acreage is not on the =arl:eto It has been our hope that eventually it would be added to the City perk system, either b7 purchase by the City or by an individual purchastn~ it and donatin~ it to the City for park purposes. IP this land is desired by the City Yours truly, (Signed) Paul C. Hu£ord, . This eugge~tion, alonc with ~any others that would require the expendl-!/ ture of funds, without doubt is feasible for lord-range planning, howe~er, with out limited funds, I cannot recommend that you consider th~ purchase the land. . RespectfUlly submitted, (~Igned) Arthur ~. Uwens City Manages" Action on the report was held in-abeyance until the ~lty Planning Co~Ission S~R_FETS i~D fL L.~YS-THA~PIC LIOH~S: The City Manager eub~itt~d tbs the installation of a traffic light at the intersection: "Roanoke, Virginia March 23, 1953 To Ihs City Council Roanoke, Virginia You referred to me, In your File #20-51h, at our meeting on March 9, 191;3, a letter fro~ Mrs. Cavy Thomas, Secretary of the Preston Park P. T. A. They opened and paved. 2. That Preston Avenue, N. W., be pawed. 3. That a stop light be installed at the intersection of Nilliar~on Road and ~tnsloe Drive, Plans have been drawn; and we are now negotlatlng for the opening of Wlnsloe Drive. However, final agreement has not been reached; and onthts phase we can only report progress. The Preston Avenue work will be advertie~ very shortly. Obvi~uely, it would be inconsiderate to the School Board and the contractor if we block the only entrance %o the school by contracting for paving Preston Avenue. The traffic light as requested cannot be installed since there were not funds provided in this year~s program for it. The cost of an actuated light whereby automobiles moving over a treadle ~nd children pressing a button for crossing, would be approximately $1,5CO.C~. If the light was ordered today, I would appear optimistic if I believed we could get it in ninety daym' time I consider it of such urgency that an appropriation of ~I,~CO.OO for this light is requested. Respectfully submitted, (Signed) Arthur~. ~ Owens City Mana/~er" Council being of the opinion that the report should be concurred and that the ~1,500.00 should be appropriated for the purchase and installation of the traffl, light, Mr. Minton moved that the report be concurred in and offered the following {~11745) AN O~DINANCE to a=er~l and.reordain ~ection ~14], =Departmental Equipment and Improvements', of ~e 19~3 ~ud~et O~lnance, ~ pro~dl~ for an e~er~ency. (For full text of O~lnance, see Ordin~ce Book No~ 1~, ~. Hinton moved the ~option of the Ordinance. The motion ~as seconded by Hr. ~o~y and adopted by the follo~l~ vote; A~ Hes~rs, Hlnton~ ~ald~p, ~oody, ~ou~, and the Fre=ldent, ~. ~ebber-~ NAYS: None ............... STH~ IH~OV~NTS~ At the last ~eeti~ Council ~. Hinton havinF the City HanaEer to Furnish ~e body ~ith an e~ti~ate oF the cost for wldent~ pavi and const~ction oF curb a~ sutteP on 6ore Hoad, N. ~.~ f~ LaFayette B~leva~ to Hershber~ev Hoad, he submitted a ~itten report advisinF that there is no provision Xn ~Xs ycar~s budget for the work other than the inclusion o~ s pavin~ proFr~ tn the ~oek plan presented in the budget, ~urthev advXslnE that the cost ~ould he app~xlmately ~5~.00~ ~ich i~ exclusive oF rXfht-of-~ay ccst~, givi~ a breakdo ~of th~ cost as follo~s: '~Xdenir~ of Cove Hoad~ N. ~. - from Lafayette ~ulevard to Her~hberger Hoa 70 ft. between property line o~ 35 Ft. from pre~ent center line - (Ordt~anc N~. 1~O dated 6-1~-h9) concrete curb and ~tter a~ 5~ co,fete sidewalk on ~th side~ a~ ~ 8~ base ~ith IOO~ drag treatment 8~0~ Lin. Ft. Concrete Curb ~ ~1.30 ~10,~00.00 ~,~O Lin. Ft. Co,fete Gutter ~ ~1.30 ~O,O00 ~q. Ft. Concrete Sidewalk ~ ~0.~O ~O,O00 5q. Yd. 5~ Base ~ith 10~ Dra~e Treat. ~ ~.OO hO,O00.O0 10,0~ ~. Yd. Excavation ~ ~1.00 10 OOO.00 In a discussion of the matter~ Hr. Hinton advised that the people had [~to ~ive ~cessary l~d ~d felt iff they could not Fet both side~a~, curb and ~utter ~that they ~ould be glad to Fet curb and Futter only at this time, ~t~ti~ that he ~had requested the e~timate of the co~t at an X~or~l conference and that it ~as ~s~eed to hold the matteP In abey~ce fora~hile, and that at last ~eek~s meetfnr [{he requested ~ese fi~res a~aln. H~. ~ifn~on moved that the question be held In abeyance un, il such time as Council can discuss the ~hole issue. The ~tion ~as seco~ed b~ ~. Youns a~ ~nani~ou~l~ ~dopted~ it beinc sFreed that Council vs~ld meet l~ovmally Hatch ~1. at 8:00 o*clock,.p.m. BUSES: The City ~ana[er reported ~a2 a letteP from Hr. E. A. ~olfe~en concernln~ traffic ~iolations In the operation of buses ~thln the city. p~evtou~l~ · eferred to him has been turned ove~ to th~ Police Dep~t~nt ~Ith ~he request t hat :roper enforcement be ~de inconformity ~tth the State la~ a~ City ordinances. 'l'he report ~a~ filed. G~DE CROSSINGS: In connection ~ith the JefFerson Street Grade Crossing Elimination rroJect, the City ~ana~e~ presented th~ follo~in~ report: ~Ho~oke. Virginia ~arch ~3, 1953 To The City Council Hoano~e~ Gentle,n: I have been advlsed by ~. ~. F. 5mith, Uvb~ E~ineer~ State De~artme of HIFh~ay~. that additional fund~ ma~ be available f0~ the Cit~ to u~e~ either in the completion oF the Viaduct or other places ~ould CcuncX1 The letter, in part. read~ a~ ~lndications ~e that the follo~Xn~ ~ounts ~y be a~aXlable For this 101j 7-1-53 Federal A~d Urban tund $126,000 State matching ~und 63:000 S189,000 ?-1-~4 Federal Aid Urban fund ~126,000 State ~atching fund 6~OO0 Additional fund indicated Your attention is invited to the language of the sentence. Respectfully submitted, (Signed) Arthur 3. O~ens Cit7 Homager" In a diecnasion of the matter, the City Homager advised that he has received the agreement with reference t o Lhe constr~ction of the overhead viaduct and the pedestrian underpass, properly drawn up by the legal department and also an Ordinanc~ which has been prenared by the City Attorney authorizing the execution of the agree-! mento The City Han~er read the agreement In its entiretyl ~hereupon, Hr. Waldrop offered the following aa an emergency meaaurel (~11T~6} AN 0~D~.'NANCE authorizing and directing the City Manager, for and on'! behalf of the City of Roanoke, to execute in triplicate an aFree~mnt dated the llday' of ~arch, 1953, by and between the Co~onwsalth of Virginia ectinF h,y and through the State Highway Com~laalon of ¥lrg~nia~ the City of Roanoke and the Norfol la ~estern Railway Com~any~ with reference to t he cor~truction of an overhead viaduct and a pedestrian underpass in connection ~lth the Jefferson Street Orade Crossing Elimination Pro,oct: and providln~ for an emerFency. (For full text Of O~dlnanse, see O~dlnance Book No. 19, PaFe RPh.) H~. Waldrop zoned the ado~tlon of the Ordinance. The motion was seconded by Mr. Woody and adopted by the follow~ng vote: AYES: Messrs. Minton, Waldrop, ~oody, and the President, Mr. NAYS: None ............. O. Mr. YounF asked to be excused from ¥otln~ since the contract is between the City of Roanoke and the Norfolk and Western Railway STORHD~AINS: The City Manager presented the followin~ report in connection with the problem of disposing of surface water and dP~nat-e from the new Merchante~ "Roanoke, Virginia March 23, 1953 To The City Council Roanoke, Virginia Gentlemen: The architects on the Merchants' ParklnE Garage are faced with the oblem of ridding water from the floors and the roof which will be open. e ordinance prohibits dirt and mud from being e~ptted into the C!ty street from drains. We belteYe with the top section being open, that from time to time mud and dirt .*ould meander through the drains on down to a City atreet~ thence to one of our drains which is contrary t o the ordinance. The cost of connecting to our drain at the alley to the north of the Patrick Hern~y Hotel would be ap~roximately ~2,000.00 to ~,500.00. The architects are asking your cor~tder~tion of defraying thls cost. I have advised the gentlemen of my inability to reco.~mend such an e.vpenditure. Respectfully submitted~ (SIFned) Arthur S. Owens ¢ fty Marm~er" In a discussion of the problem, the City Manager advlaed that since there maybe rock formation in Bullltt Avenue that the cost ia ~ebatable~ and that Hr. 02 Eugene Carbaugh, ~r., has advised that his company will bear one-half o£ the cost of the installation, the 'one-half not to exceed In a further discussion, the question was raised if it would not be more reasonable to extend the atormdrain up Jefferson Street from Bullitt Avenue to the garage rather than to extend tho drain up L%llitt Avenue for several hundred fee On m~tion of Mr. Minton, seconded by Hr. Woody and unanimously adopted the question was referred back to the City Manager for further study ss to location and if possible to ascertain'the actual cost. STREETS AND A~LEYS~ The City Manaper submitted the following report in w nnection with the request that Ha~elridFe Road, No ~o, be peved~ ~Roan~ke, Virginia March 93, 1953 To ~*he ~lty Council Roanoke, Virginia You referred to me in your File #514 a letter £rom MroLatham L. Thigpen, Jr., ln~hieh residents request that consideration be given to paving ~or putting some sort of black top on Haselridge Road. t This area has been investigated as to curb an~ gutter; and the City, as usual, is ready to pay its portion if the property owners will agree to pay theirs. The ~ater that would impound at a low point would have to Be provided a preyer easement to be discharged from the street. ! do not thin~ this can be accomplished. The City plans to provide the ~me ty~e of care and treatment on thi~ street that is customary with the streets in the adjacent area and wilt maintain the street ur~c~ the usual City program. Respectfully submitted, (Signed) Arthur ~. O~ens City I~an~ger" On motion of Er. Minton, ~econded by Mr. ~aldroD and unanimously adopted ~he repo~t was concumred in. REPORTS OF REPTSE COLLFCTIOH Ah~D DISPOSAL: Bids for furnishing the city two Garbace Truck ~odies, having been referred to a co.w2nittoe for tabulation and report, the co~ittee ~ubmitted the follo~in~ report= "March 23, 1953 To The City Council Roanoke, Virginia 0entlemen: We are h~nding you herewith tabulation of bids received and before Cuuncll on March 16, 19~3, for furnishing the City two ~arbage Truck Bodies. This t abulatio~ shows that Bemiss Equipment Company's bid on a Leach Packmaster is low bid. Yours very truly, (Signed) Arthur S. (~ens (Signed) Harry R. Mates (Signed) R.'B. Moss Comnittee" In ~ discussion of the bids, Yw. R. Paul Fultz, District Manager for Baker Equipment Company, who was present pointed out certain advantages of his equipment, the "Load ?acker" over that of the Bemlss Equipment Corporation, the "Packmester~. '~he City Manager advised that the 6fry no~ses both types of the units and that they are both good packers. It appearing that the bid of Bemiss Equipment Corporation for the two truck bodies at a price of $~,167.00 each, less 2~ for cash, is the lowest and best bid; Mr. W~ody offered the following Resolution: (~117~7) A RESOLUTION awarding a contract for the pt~chase of two garbage truck bodie~ up:n certoin terms and conditions; and providing for an emergency. (For ~ull text of Resolution, see Ordinance Book No. 19, Page 295.) Hr, Woody moved the adoption of the Resolution. ~he mottonw as seconded by Hr. Waldrop and adopted by the following vote*. AYES.' Hessrs. Nlnton, 'Waldrop, Woody, Youths, and the President, Hr. Webber- NAYS~ None ........... O. D~PAR?,'~FNT 0P PUPLIC WORKS: The question of awarding the contract for the nurchase of a maintenance mixer having been delayed in order that the co~mittee appointed to tabulate the bide might again Five the HcIlhany Eqnlpment Company an opportunity to demonstrate their equipment, the committee submitted the following report: ~Harch PO, 19~3 Roanoke City Council Roanoke, Virginia Gent 1amen: Once again your Committee for the tabulation and report of bids for the black top mixing machine has complied with your directive to witness a demonstration of a machine furnished by the HcPlhany Equipment Company. After an hour and a half dem~nstration of this equipment, your Cor~-littee again reaffirmed the facts as brourht out in our report dated February Your Co~Ittee is still of the opinion that purchase of the Barber-Greene maintenance mixer will be to the best interest of the Ctti of Roanoke, and the same is hereby reco~ended. Respect f~11y submit ted~ (Signed} Arthur S. Owens City F, ansger (-~Igned) Jno. L. Wentworth Director of }ublin Works (Sl~ned) Bj Cletus Broyles City Encineer (Signed) R. B. Pu~chas fng Agente There being no further discussion of the matter, Hr. Young offered the following Resolut ion: (~ll?hB) A RESOLVTION accepting the bid of Rtsh Equipr~ent Company to supply the City a. Barber - Greene Maintenance Mixer° (~or full text of Resolution, see Ordinance Bock No. 19, Fags 296. } Hr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Woody and adopted by the follo~ing vote: AYES: Hessrs. H!nton, Waldrop, Woody, Young, and ltle President, Nr. Webber-5 I~AYB ~ None .............. Oo POLICE BEPA~T}FNT.* Bids on three Automobiles to be used in the Police Department having been referred to a committee for tabulation, ~tudy and report, the committee submitted the following report: "i/arch 23, 19~3 To The City Cotmcil Roanoke, Virginia Gentleraen: We are handing you herewith tabulation of bids received and opened Hatch 16, 1953, at 2:00 p. H. for furnishin_~ Police Cars to the City of 103 The specifications call for a motor of not lees than llO horsepower and to be equipped with mountain ratio rear end gears, From peet experience we have found the Ford, equipped thue, to give the beet eervlca. Please note that Johnson-McReynoldeChevrolet Corporation has bid only on one ~-door Chevrolet Car, with alternate bid for automatic transmission, which wa do not. think is practical for Police work, Youre ver~ truly, (Signed) Harry R. ~atee (Signed] R. R. Rosa Com~l tree Ehlle ! was City Hanager o£ Portsmouth, ~lrginia, we did purchase a aeries of Chevrolet cars for police wc~k; and in the ~ea coast area where it is flat, we found them satisfactor~. I feel that I could not sign the repot without thio qualification. (Signed) Arthur S. O~en~" AFter a discussion of the report ee to which of the automobllee would boat eerve the city~ ~. Minton moved that the report be referred back to the co~:~lttee for further study and to make a reco.,~mendation in its report back t o Council.The ms. on was eeconded by Y~. Waldrop and unanlm~usly adopted. Uh~INISHED ZONING: Council at its last regular meetln~ havln~ deferred action on the question of resoning fro~ General Reeidence District to Business Dlstrlct property located on the north side oC Halel~h Avenue, N. E., west of Second Street, described as Official Nos. 20~0~6, 20~0h27, ?0~0~ and ~0~O~33, Block 3, Official NW 3, until a full membership of Council was present, the matter was aga!n before ~:the body. i request Pres!dent~ Mr. ~ebber, i At the of the the City Clerk reviewed the i C~ty ?l~nning Co~mlss~on'e letters reco.~m..endinF thmt the reeuest be denied. i~ Mr. Ralph A. Gl~egow, Attorney, representin? two oe ~he own*~s of the land land be~* the owner of t~o parcels, aeoeared and rene~ed his request that the lots be resoned. Be urged the rezon~ng on the basis of the fast thmt he had bought h~s lots which had old residential buildings on them, that he h~d removed the bu~ld!ngs, that the other subetmnderd houses were being removed and that he wanted to use the lots for a used car lot end retail tire store. .Mr. Young raised the question if these were not the sa~e lots that a heerln was had on some months ego, and was advised that they ~re. There being no further discussion, Mr. Young moved that Council concur in the recom~endations of the P!ann~ng 6omm!sslon that the request be denied. The motion was.seconded by Mr. Woody and unanimously adopted. BUDGET-LIbRARY: Council at its meetlnK of March ~, 1953, having deferred action on the request of the Romnoke Public Library Board and the coram~tteM$ report ~n ithe question of using state money now available to apoly on salaries of cert~in lfbr~ employees, and the letter ~ub~Itted to Council on Narch 16, 1953, making a further r~quest, the matter was again before the body. In a discussion of the matter, Mr. C. D. Hurt, ~hafr~an of the Library advised Council that the Board had not been able to obtain anyone as Circulation L~brerisn at the s~lgry of ~2,820.00 as set out in the 1953 Budget, that as requeste in the letter submitted on Fmrch 13, 1953, by Rabbi Morris W. Graff, the Board positlonrequ"stedandthatthe$?00'OOremalnder°f there the$893'~8 of state money available be applied to ~ie purchase et approved books, and urged Council to give serious consideration to the request. . H~. Minton, in a discussion of the matter, asked if the Board would make further effort to fill the vacancy at the present celery, Mr. Hurt s~swerlng that they had been unable to interest anyone. i05 H~. Young stat!r~g that since the position wa~ vacant and that the Board hsd not been able to Fill the position at ~,820.00 and that t he need was great for the CIj-culation ~lbrarlan, suggesting that$500.OO be added to the present salary, ar~l le the Board see if it can interest someone at that salary, he offered the following e~ergency O~din~nce: (~117~9) AN ORDINANCE to a~end and reordain Section ~121, "Libraries", of the 19~ Budget Ordinance, and provldin{~ for an emerFency. [Pot full text of Ordinance, see Ordinance Book No. 19, Page MI', Your~ moved the ~doptlen of the Ordinance. The m~tion was seconded by Mr, Woody and adopted by the followin~ vote: AYF$= ~essrs. Waldrop, Woody, YounF, a~d the /resldent, ~r. ~ebber .... NAYS: }{~. 2{lnton ......... 1. LICBNSE TAX C0~: The co~mlttee ~eport on the re~uest of }~. Francis $. Walters, repreeentJu6 the Roanoke Printers 61ub, asking that t he rec~nt reduction in manufacturers license tax be applied to the printi~ Industry~ havir~ been carrie from the last meetinF, w as again before the body. . In a discussion Of the matter, H~. Youn~ inquired ~{ether printers are retailers, the City Auditor replying that it all defends on ~hat you cocisider retell and advised' that the city used t o have ~ob prlntinF license and that all printers paid the license. The ~resiaent, ~r. ~ebber, potntinF cut that Council has a committee studyln slapii£1catlon of th~ License Tax Code~ the City Auditor advised that he h~d been workinF on the question but had ~een uni5le to Fat the co.~zutttee toFether. lit. Waldrop ~oved that the report be received and referred to the committee appointed to study, r ecodify, simplify and brlnC up to date the License Tax Code, for study. The motion ~as seconded by }ir. Eoody and ~nanimously adopted. In a further discussion as to ~hat pro~re~s ~as belnc ~ade by the Tax Study Committee, Hr. ~aldrop moved that the City Clerk ~rtte the Chairman t h ~ Tax Study Co~.-uittee and inquire as to epproxlzately ~hat time they w111 make their ~eport to Council. The ~otton was seconded by H~. Young. and unanlmously adopted, ZONI~[O-SETBACE LINES: Counell at its last regular ~eetfnF havlr~ deferred actionon tho request of F. ro Sidney F. Parham, Jr., Attorney For the Atlantic Grey- hound Corporation, that Council take appropriate action to al]o~ the construction cC the new ~er~Inal buildln~ on the northwest corner of First £treet and ~ullitt Avenue, S. E., in that to co~ply ~itb pre,ant established setback lines on both streets would r~nder the useabllXty of the property For a bus ler~lnal fnpractical~ the ~atter ~as a6aln before the body. Hr. Favh~, alon~ ~ith }~. Georco ~ro~n, Architect for the Atlantic Oreyhoun, Corporation, appeared and explained that the setback lines will reduce the size of t~ lot to such an extent that it ~lll take 1,37~ square feet off o£ the lot~ ar~i it tokes 320 square Feet to park a bus, advislnC that to conform to the setback line First Street will reduce the number of buses that could be loaded fro~ eleven to elL~ht~ and to coP_eor~ to the setback llne on Bullltt Avenue ~uuld reduce the nu~ber fro~ eleven to seven. 106 In a discussion of the matter~ }{~, Your~ b~ought out that in a traffic survey ~de several years ago it had been reco~ended that a b~ld~e to southeast be located at this point a~ that a ~lde~ street will be ~ecess~ Iff this~ ~. ~lnton stated that the setback li~s had ~en e~tsbli~ed ~ca~se It felt that traffic co~ltions ~o~lld ~ltiply In that ~ea and that It was necessary establish setback lines before an area Is built up, a~ moved that Council retain th ~esent setback lines previously established ~d that the request be denied, The motion was seco~ed by H~. Youn~ a~ unanimously aSopted, BUI~!NG CODE= The p~posed ne~ buildin~ code was before Council fo~ ~rther consideration, the body havinF held two public hea~ln~s on the p~oposed code at ~ic ties. there had be~n presented obJectio~ to ~ecticn 10~ Sub~ection 3~ and Section Subsection 1~ ~ereupon~ ~. ~oody suggested that the follo~InF ~ p~posal coverl~ Plans a~ i~eclftcstions be read~ "Section 10~, 5nbsection 3. Plan~ and ~pecificattons. ParaF~aph (c) the proposed ~ulldlng C~e be flel~t~d In its entirety and that there be ~ubstitut~d a ~ paraFraph (c) therefo~ readin~ as follows= (c) All drawings a~ specifications for oublic a~ ln~tltutionsl bulldinfs~ ~ defined In Article III, Section 300 of this Coils, shall be prepared a~ si~ned by a licensed architect or enfineer ~ho Is certified the State of ~l~lnis a~ whose ce~ttficitlon is fn ~ood standt~ provided however, that this requl~aent ~hall not apply ~hen such a bulldi~ Is designed to acco~odate no~ao~e than ~0 persons at a fiv~n tis.." In a discussion of the proposals, Hr. Tom Stockton, Fox~ Attorney, represent. ~i!~ a ~roup ~eek!~ broadenlnF of exemptions from required architect,s o~ se~vlces~ stated that the new p~oDosals seemed flit to ~11. Mr. Elbert ~. ~sl~ron a~ ~. ~. A. Infra~ first objected to the p~oposals but afte~ bef~ informed that they ~ere rom safety measures advised that they withdraw thef~ objections. M~. Hinton opposed the a~endment, statin~ that he d~m,t feel Cooncil a~ anytime should t~ll ~e people of Hoanoke that they have to have an arch!t~ct~ s tati~ further that contractors ar~ reliable ~nd that the city has had no difficulty up to this Mm. You~ brought out that at ~e public hea~ln[s he did ~t hea~ anyone opposed this section say that ~ey did not think an architect ~hould be required on public buildings, ~tatin~ that the argm~nt was that people who con. tract houses should not be required to eaploy a~chitects to make the plans, further ~tatin~ that he only wanted to protect the public. H~. ~oody concurred tn ~e remarks of ~. Youna ~d called attention to the ~o~s!bilfty of fire hazards ~hich aiiht occur tf ~u~llc bulldin~s ~:~ not p~oDe~ly I~. ~aldrop at thi~ point mo~ed that eob!es of ~is section be made and sent to members of Council and that the qu~tion be ~laced on the aFenda for the next ~eetlnZ. ~e aotion wa~ seco~ed by E~. Minton and unanimously adopted. ~. YounF suggested that ~e new p~posal cove:In[ ~ectlon 108, Boa~d of AD~eals~ ~u~ection 1, Appointments~ be "~ection 108, titled ~oard of Appeals, Subsection 1, titled of the proposed Butldin2 Cms be deleted a~ In lieu thereof a ~i~tlar be inserted to ~ead as follo~ 1. A~Dolntment. There Is hereby establish~d In the ~nlcipality a boar~ to be called the Bo~d of Appeal, ~ich shall coaist o~ five (~) members. ~uch boa~ihsll be composed of one 5tats Certified }rofes~lonsl EnFinee~ State Certified ~chitect, one lic~nsed contracto~ enEa~ed in the bu~i~s of const~cti~ residences and ~mll cox~erclal bulldin[s, ~n~ State Registered Contracto~ en~aEed tn the busin~s~ of constructtn~ la~e ~ildin~ a~ one member of the public at large, all of whoa ehsll be residents of the City of Roanoke° The said board shall be appointed by City Council and the City Council shall designate one of the members thereof to serve as Chairman," Er. Young moved that the smendment to Section 108 be adopted. The motion seconded by }ir. Waldrop.. In a discussion of the matter, Er. Minton suggested as a substitute motion that a copy of this section be sent to the members of Council for study a~d that the ~atter be placed on the agenda for the next meeting. The motion was seconded by Hr. Woody. It being agreed, the matter was carried over for one GRADE fR0~5ING$= The request of Mr. Richard ~. Trent, representing Pullding Units Companyj that he be grsnted a permit to construct a railroad siding across ~roadway (Pent ~ountatn Road), S. ~., as shown on Plan Ilo. 1~009, to serve his nro~el ~eving been referred to the City ¥1annlng Commission, the matter was before the body. In tills connection, it was broucht out in a discussion that the Plannin~ would not make definite recommendations to Council since they felt it weal! ia matter for Council to decide. F~o Richard M. Trent, the petitioner, and Mr. R. A. Nelson of the Norfolk Western Railway Coxpany, sppe_ ared and urged that some action be taken in order that the work could be started. }ir. Nelson advised Council that the erosstn~ would be s~ooth, that the crew would flag each train and that all necessary precautioms w~uld be taken. Hr. Young, in this connection, brought out the fact that several members of ~ouncil had viewed the area to see if an alternate location for the crossing could be iobtairled, but that.the elevation of the lan5 end cost of excavation ~ould be unressol[able. Mr. Minton moved that the request be concurred in and that the matter be referred to the City Attorney for approval of necessary measures to be worked out between the Norfolk and Western Railway Con,any and Mr. Trent. The motion was seco~ by Mr. Woody and unanimously adopted. . . ~0NING: Council.at its regular meeting of Pebrusry ~, 1953, havln~ deferred action on the proposed mnendments to the Zoning Ordinance as suggested by the Building Inspector, until the meeting of March ~3, 1953, th~ matter was a~aln before the body In this connection, it was decided that a public hearing should be held on t~e proposed chanEes; whereupon, F~r. Waldrop moved that a public hearing be held on the ~roDosed char~es at ~:00 o'clock, p. m.~ April ~0, 19~3. The motion was seconded by Mr. Minton end unsnimously adopted. CONSIDERATION OF CLAIF~: None. INTRODUCTION A~D CONSIDER. ATION 0W ORDINANCES AkqD RESOLUTIONS: SID-~WALK~, CUR~ AND GUTTER: Ordirlance No. 117~, provid!n~ for the dedication Df a five foot strip of land by the Trustees of the St. ~ark's Evangelical L~ltheran ~hurch, havlnE previously been before Council for its first reading, read and laid again before the body, Mr. Waldrou offering the followin~ for its second readfn~ ~nd f~nal adoptio~: (#117~) AN OPDIb~ANCE providing for the dedication of a five (5} foot strip by the Trustees of St. Mark's EvsnEellcal Lutheran Church tn fee aizple to the Clty of Roanoke, located and bounded by the present Hi,bland Avenue, S. W., forty (hO) side and the balance of the property of the trustees of St. Mark's Evanglical Lutheran ~hurch and extendir~ from Franklin Road on the west to a t~elve (1R) foot alley 762.~ feet in ler~th plus a curve at the eoutheset corner of Franklin Road and Highland Avenue having a radius of fifteen (IS) Feet con~ctl~ the present boundary line of Franklin Road and the re~ainlng p~perty of St, ~rk*e Eva~elical Lutheran Church~ all of which Is located In the City off Roanoke. . (For ~11 test of Ordinance, eee.~dinance ~ok ~o. 19, Page Hu. ~aldPop moved the adoption of the Ordin~ce, The =orion ~am seco~ed by ~. Hinton and adopted by the follo~n8 vote~ A~: Hearers. Htnton, ~ldrop, ~o~y, YounF, a~ the ~resident, NAYS~ None ............ O. ~UI~!NG CODE-GARAGe= ~e question of adoptin~ an Ordinance ~mendl~F 182 of the o~f~cial Buildi~ C~e,relating to Oarages~ having teen deferred at the meetin~ of Council on Hatch 9, 19~3, until after a public hearl~ was h~ld on the new proposed ~utld[ng C~e a~ the City Attorney havl~ prepared the proper Ordln,~nc, the same was presented; whereupon, Hr. R'o~y offered the following emerge~y Ordinan (~11750) AN ORDINANCE to mmend and reordain Section 182 of the offlc~al ~lldlng C~e of the City of Roanoke, as emended; and providt~ for an emerger~y. (For full text of Ordln~ce, see Ordlnance Book No. 19, Page 298.) ~. Woody moved the adoption of the Ordinance. The motion was seco~ed by WaldPop and ~opted by the following vote: A~S: Messrs. Minton, Waldrop, Woody, You~ a~ ~e President, ~. Webker-5 NAYS: None ............. O. MOTIONS AND HISCE~M~OUS HOUSING: ~. John W. Boswell, Mr..E.H. Waldron, M~. R. R. Quick,, Mr. J. A. Turner a~ ~. Edga~ F. Jamison, appeared betore Council representing ~he Roanoke Real Estate Board a~ registered opposition to any further cooperatlon on the p~rt of City Council to any further project of the City of Roa~ke RedevetoD~en~ and Hous 1nf Authority. M~. J. W. Boswell~act~n~ as spokes~n, alon~ '~th Hr. R. H. ~ck, atated the ~they respectfully requested Council n~t to s~Fn any contract o~ agreement o~ pass [any 0rdlDance, motion or Resolution granting any further rights o~ pmivileges ~whateveP to the City of Ro~oke Hedevelopment and Housing Au~oPity. Pm. Boswell advised that mention had ~en made In a front page'article the J~u~y 5, 1953, edition of the Roanoke World-News conqePn~ng s "loan" to the Housi~ Au~oPlty for a survey in the northeast area of Roanoke, and that maps had been prepared and letters c~rculated requesting ~he residents of the spca to with appraisers who ~uld be sent by-the Ho~ing Authority, all of ~fch had p~ompted the appearance before Cou~l. Mr. Boswell and ~. Quick fuPthe~ advised that the City of Roa~ke Is well prepped to take care o~ its own sl~ cleara~e, If any was needed, through Housing a~ Hygiene Ord~nce a~ proposed that the city stre~then its Ordinance paying the inspector a higher salary ~d to also give the ~nspectoP authority the vacating ~d razing of subst~dard buildings. F~. You~ stated that he had fo~ht the housing projects In ~e past advised that he was opposed to any further hous~g projects. ~. Minton stated that so far ss he k~wm no further requests have ~en ~de by the Authority and that he is agai~t a~ further expa~ion of ho~ng proJec ~. Boswell was requested to file a copy of ~e statements with the City Clerk. Mr. Q~ck filed a ~Itten statement of his remarks. Council took no action on the matte~. t09 There being no Further businese~ Council adJourr~d, AFPROVFD ':21:8 The property in question has been used as a hospital site over a period oF years, which non-confor~ir6 use ia not permitted in n General Residence District. In vle~ of the ffact, he.ever, t~t said property 18 suitably located to best serve the ~eds of the He~roeso a~, Fu~the~ that a modern hospital bulldins ~ve been collated, a~ const~ctlon thereon bezin In ~e veU ne~ future) the Co.lesion Feels that said p~operty bo rezoned to a Special Residers Districts In ~ich District hospitals are pe~ltted. ~e City Pl~nl~ CoMlssion recome~s that the request to rezone said property fro~ a 6e~ral Residence District to a ~pecial Residence District bo ~Fanted. Respectffully subm!tted~ (Sl~ed) George ~ll~o~, Yice*~al~an. ~. Woody ~ved that the City Clerk publish proper notice of a public hearin~ ~to be held once request for re~onl~at ~o'clock, p. m., June 15, 19~3. The motion was seceded by Hr. Waldrop a~ unani~usly adopted. S~RS= The foll~wing co~munication f~m the City Planning Commission, with reference to a request that a portion of the Watts estate be furni~ed with city sewer service, was before Council= ~Hay 15, 1953. The ~onorable ~. L. Webber, l~yor, ~d He~bere of CIt~Cou~I1, Roanoke, Gentlemen= In reply to your letter of Hay 8, 19~3, referring to the Clt7 Flann~ng Con. les!on fo~ study, report a~ recommendation to Councll~ a co=unlcatlon from E~llsh Showalte~ a~ Allen W. 2taples, Atto~eys~ ~ep~esentln~ Jean ~. Staples a~ W1111~ Watts, asking that the City extend the outfall sewer line on ~atts Avers, N. W., alo~ Lick Run a to~ al distance of 1~000 to 1,~00 feet~.tn o~de~ that a sewe~ 11ne to be constm~cted th~uFh a of ~e ~atts estate can be connected thereto and thus semve homes to be It Is the Co~lsslon~s understandl~ that the proposed outfall sewe~ line ~uld be a major trunk line which w111 be needed to serve a lares residential area as It will be developed, and that It will be to the City's interest, as well as the public generally~ to construct said proposed outfall sewe~ 11ne. The City Pi~t~ Co~nlsslon reco=e~s to City Council that the reques of the petlt/o~r~ that the Clty extend the outfall sewe~ line on Watts Avenue along Lick Run a total distance of 1,O00 to 1,200 feet be ~ranted. Respectfully su~ltted~ (SIwned) George ~ngltnsona Vice-Chairman." In this co~ctlon, the City Ran~er ha~lng been requested to ~u~ft to C~uncll an esttmate of the cost to the c/ty to exte~ the ~utfall sewer line, he submitted verbal report that It w111 be ~cess~y to extend the exlsttn~ line approxlnately 9~0 feet a~ that the cost of the extension w111 be approximatel~ $~,S~0.00. Afte~ a dlscusslon of the matteP, the quest[on befn~ ~alsed as to ~ethe~ o~ no~ s subdl~Islon plat of the Watts estate has eve~ been ~corded, a~ ft also pointed out that the city has hoped ~ ~qutre a portion of ~e land between Alv Avenue, prelected, Watts Avenue~ pro~ected, a~ Sixteenth Street~ p~Jected, fo~ park ~u~oses. ~. Woody moved that the matte~ he.feared beck to the Ctty Hanage~ fo~ the pu~ose of negotlatin~ with the Watts Heirs for the donation of the above str[p of l~d fo~ park purposes and fo~ ~e purpose of ascertat~ whethe~ c~ ~t a subdivision plat of ~y ps.ties of the ~atts estate h~s been subm/tted~ ap~:~oved a~ ~co~ded. The motion was seceded by ~. Hlnton ~ unanimously ~opted. !1i0 COUNCIL, REOULAR The Council of the City of ~oap~ke ~et In ~1~ ~e~tlag In the Cou~t Roo~ la the ~unl~lpal Zmlldlr~, ~o~a~, ~ch ~0, 195], ~t ~:~ o~clock, th~ ~e~ula~ ~tln~ hour, with the [~e:td~nt, N~. ~;~bb~, PRF~ENT: R~. Rtnton~ Wald~op, ~'ood~, Young, and th~ ~e~tdent~ M~. ABSE~: None ................ O. ~ 0~ICERS P~SE~: Hr. Arthur S. Owens, City M~nager, ~. Rm~olph O Ittle of the Tazewell Avenue Methodist Church, MIhq~TFS: Copy o~ the minutes of the r~gular ~eeting h~ld o . r 19~, havlng been ~-rn[shed each member of Council, Mr. Minton moved that the aprrov~l of the minutes be carried over until the ~xt meeting of Council s~nce he had n~t had time to read them, a~ that so~e of the other ~embers howe not had an opportunlt~ to re~d the~. Th~ ration wa~ seco~cd by ~{r. ~o~y and unanimously adopted. HFARING 0M C~!IF~,S UPON ~U~LI~ EATTKRS: ZON!}~: Notice of a public hearl~ on the question of reron[~g from General :Hes!d~nce District to~uslnessDlstrlet property located on the north side of G1lmer :~'~enu N.E., west of Second Street, described as Lot )5, Block 1, 0Felcial Survey ~ 1, Officla] No. ~011438, having been published In the ~oanoke Wonld-!~ews pure,ant to Article XI, Section ~ of Chapter 51 of the Code of the City of Roanoke, setting the t~::~ cf the hearing at P:C0 o'clock, p. n., ]londay, March ~0, 19~, the matter was before Council. In this connection, Mfs.Anna Spranglns, Hrc. K~tie A. Poy and Mrs. Azalea ~!llla~s appeared and raised the question of busl:mss~s ~aylng o~en all n1Fht, advis- ing that they owned their ho~s !n close orox~1ty to the property in qi~est~on and that they obJe~ted to the rezontng If ~e purpose is for a business that will be noisy or one that will operate all night. The Prestcent, Mr. ~ebber, advised that if the property is rezoned It will be for business and that no restrictions as to type of business can be placed on the property. Mr. Coldwell Butler, Attorney, representing the ~CA, and Hiss Paye Coates, Executive Secretary, outlined the reasons for the resorting, statlng that the w~nted to sell the two lots as business because the price would be much better and would enable the Association to proceed with its new building program. Also speakfn In favor of the resorting was Hiss Elizabeth Jordon, Executive Director of the Lula k'illia~s Memorial Brach of the l~CA. A ~rther discussion was entered into as to purchase of a s~all corner ~he lot located on the northwest corner of Gil~er Avenue a~ Second Street, N. ~., ~or street pp~oses, which the ~CA has agreed to sell to the city, provided the ~ould construct sidewalk, curb and gutter and a sidewall and that the church lot iuestton be zoned for business; whereupon, Mr. Minton ~oved that actfcn on the ~ezonl~ nequest be delayed one week to give Council re~bers an opportunity to ~y and look at the property. The motion was seco~ed by Mr. ~Joody a~ unanl~ously ~dop ted. PETITIONS AND C0.~NICATIONS: ZONING= A conmunicetion from Mr. Rolph AG Glasgow, Atterney, repree.nting Alva Boa~an, aekingthat property on.the north sida of Raleifh Avenue, H. west of Second Street, described as Official Re. 2020225, Block 3, Official Survey hH' 3, be resorted from General ResidenceDletrict to ~uslnese District, was before Council. On motian of Hr. Woody, secorded by Hr. Young and unanimously adopted~ the request forresonlngw~e referred to the City Planning Co~tssion for study, report and reco~=endation to Council. Pi~aiAEE OF FROFERTY~ The followI~ co~unication offering to sell land to city, was before Council{ "Herch ~, 1~3 Route 1{, BOX 393 Roanoke, Virginia Hon. Roy L. Webber Mayor of City of Roanoke Roanoke, Virginia DearSir: I own a tract of woodlard located as follow~: 22.2~ acres South of Route ~21, adjoining the City boundary of Grandln Court, to a point at the Gray.tn Court water tank, thence southuard and parallel with the ~asterson far~. I have decided to sell this land and am putting It on the market at ~l,OCO.O0 per acre. In my opinion, the future ~rowth and development of Roanoke ~ould make this tract very desirable. If the City is interested in further information in rogard to th~s oroperty, I have available n~ps and other data. Very truly yours, (Slgr~d) Carl A. Montgomery" On motion of Mr. Young, seconded b7 Ere Hinton and unanlm~usl¥ adopted, the communication was ~eferred to the City Man~ger to ~nve~tt~ate and report b~c~ to iCouncll. GRADE CROSSINGS: The follow~Dg co~nunicatlon fro~ the City Plann~n~ Con~tss!, in connection with the request of Mr. Richard M. Trent for permiss~on to construct e railroad siding, was before Council: "March 27, 1953. Mr. M. K. Moorman, City Clerk, Roanoke, Virginia. Dear )~. Moorman: In order to clear our files in connection with ~ity Council's letter of Marsh 12, 1953, referrlr~ to the City Planning ~o~fss~on for report and reco~endation a copy of the report of the City Manager In connection with the request of Richard H. Trent that he be granted a per, it to construct a railroad siding across Broadway (Bent Mountain Road) to serve his nroperty: This question was discussed at length ~vith Mr. Trent at a meeting of the Commission on March 1Pth, but no action taken since the City Engineer asked for time to make an inspection of the property and the proposed location of the siding together with Councilman Young. In view of the reports ~ade at Council's meeting on March ~3rd, and the action taken granting the Fetitioner's request, the Co~isslon feels that Councll has acted wisel~ and timely in the ~atter, and that no reconr~ndatlo: from the City Pl~nn!ng o~Ission is necessary. Very truly yours, (~igned) Nita S. Seymour Mrs. F. L. Seymour, Secretary." The communication was filed. SCH00LS~ A co~mnication f~o.~ Hr, Le.~o¥ H, Smith, Chairman of the Roanoke ~lty School ~ard~ givi~ a repoPt on the ~chool bu~ldi~ and i~rovement pro~ra~, of Ja~ ~1, 19S3, ~as before Council, ~'he re~rt was fXled. STORM DRAIN5~ A co~nication f~m Hiss Hary E. Fawce11, 1~02 Arllngton- S. ~.~ ~equestinF t~t some measure be t~en to correct the se~!ous dralnsge uroblem In the all~y at the rear of hep home a~ al~o that she be ~,rmitted to ret.l~ brick ~11 ~tch ~as placed at the a11~ to keep bsck the ~atep, ~s ~fore Councl] On ~tion of Hr. ~lnton, eeconded by Mu. %:oody and unanimously adoFted, the was refev~d to ~e City Hanagep fop investigation, report and reco~e~atlon to Council. PI~A~: In connection ~'lth the question of pPohlbltl~ the sale and/or [Alice F. Ttc~ ~d the other from }irs. O. W. Jacobe, ~resident of the J~ison School i~P. ~. A., endorsinF the proposal to prohibit that possession a~/or sale of air On ~otion of Mr. Youni-, =eecnd~d by ~[~. !ilnton and unanimously ado[ted, the Jcon-unlcations ~'ere filed pond{fl6 ~rthe~ study of ~e question. FU~XC ~,~LVARF: A co~unication fro~ {-ir. James Lee FevPts, 603 Dale Avenv% ~co~ula[ning that h~s Frant of ~3.00 pep month has been stop,ed hi the local On mottou of ~fP. Young, s~conded By M~. %fatdvop ~nd unanimously adomted, {,the matter was v~fePr~d tt~ the City ~[anqCeP to discuss ~ith the %felfare Director and ?to vepo.t his ~f~lnrs to Council. HOUSI~;~: The rollowtnF co~unication from ~Ir. Richard L. Beck, Executive !Dlrector of the City of Roanoke Redevelopment and 2[o-asi~ authority, in connection ?'~lth Dements in lieu of taxes on the pro,eot, was before Council: "~iarch PO, 1953 Honorable ~layor and 14embers of Council Roanoke, Virg~nia Enclosed you will find STAT~IE~ 0F C~TY OW R0~;CKE R~IELOFMF1C A?D AU?~ORI~ RECOU~N? 0F ~V;.5'CE OF COST 0F O~-SITE IMPROViSeS Py APPLICA- TION 0F PA~E~S I1{ LI~J OF TAXES ~UE CITY 0TM R3~:'[3~ PURSI3A~ TO ORDINal:CE ~arch ~0, 1953, ~11,367. This statement ~e~s forth the amount of shelter rent received on Lansdowne Park, P~Ject VA-11-1 for the period of 11-15-51 %o 9-30-52, which was ~he initial operatfnc period. ~r!n~ this t~me ProJec VA-11-1 bei~ partially under co.%ruction wa~ only partially occupied. For th~s ~ason the amount o~ credit pa~nt in lieu of taxes received by this statement Is not representative of the an-~unt of payment in lieu of taxes %%ich ~uld be due the Cf~ for a years operation of a stnFle Pro.~ect under full occupancy as Lansdowne Park ~s now. The a~ount sho~ u~er the Item Credit Payment in l~eu of taxes period of 11-15-51 to 9-30-5~. !n the amount of ~3,~58.55 is the ~mount recorded in books as credit %o the City an the advice for cost of off-site tmprove~ents~ Respect~lly yours, (Signed) Richard L. Beck Executive Director" On motion of ~[r. E'oody, seconded by F~. ~;aldrop, and unanlaously adopted, the report was filed. REP0~TS OF OFPI~S: S~RS: The City I[anager submitted the followlnc written report in connectl( ~,Ith the requcst cf )~s. R. L. Nichols that she be refunded {11.52 sewer charge: "Roanoke, Virginia March 30, 1953 ?o The City Council Roanoke, Virginia Oentle~en{ ! have been requested by P~a, R. L, Nichols to present to you her in the amuunt of ¥11,57 for return of sewer assessments in the Wlllta~son ! ~'~ote Mrs. Nichols, F{vin~ her the law that you had prescribed until December 31, 1952, in the repayments of this fund; how. vet, Mrs. Nichols ha~ written me further, atatinm that we should present it to you. I advised }Irs. Nichols that I would do so with an acco~panyinF letter stating that I would not recommend payment. Respectfully subnltted, (SIFned) Arthur fi. Owens City MauiFer" In a brief discussion of the matter, it was brouFht out that the Ordinance Drovtding for the refund of these charges provides that no refunds shall b~ made by ithe City Auditor after Deceaber 31, 1952, and that the petltloaer has had duple time to make her request prior to December 31, 1957. On motion of I~r. YounF, seconded by Mr. Woody and unaniaously adonted, the A!~r0~T: The City Hanaper submitted wrlttcn report advisln? that Hr. that the city extend his lodge on HanFar No. 2, to~ether with the *ol]owi~ co',man{caa tlon fro~ Fr. Ii. L..Harrls, A{rnort "CITY OF DATE: March 25, 1953 TO: A.S. 0w~ns, City Ylan~Ker FR0$!: M. L. Harris, Airport Mr. Clayton Lemon at Woodm~m r'ield has requested that, Council Ordinance ~11602 authorizing a lease with Lemon for Hancar #2, be ar~nded to include the option to renew this lease for an additions1 perio~ of tlm~. lmprovenents to this hangam, over and above that contracted by the City with the finalresult o£ an unusually nice structure for the airport. Conslderlnm these improvements and the fact that the field needs another Foodl~ hisrepairlease.Sh°p' I recommend that Mr. Lemon be ~ranted this rer~e~wal Mayor Webber reco~m~ended this procedure to Mr. Lemon, whose letter is ,trachea. (SIFned} Harris" .. After 8 bmief discussion of the matter, Mr. Woody ~oved that a committee composed of Messrs. Arthur S. ~wens, Harry H. Yates, Randolph u. Whittle and M~rshal] L. Harris, be appointed to study the proposal and to bring back to Council its ~!ATKR DEPART:~: Action on a proposed amendment to Hule 27 oP the Rules ~nd Regular lons of the Water Department relating to Pressure at Meter, having been taken under advisement by Council, the City Manager bmou~ht the matter to the attentlbn ~f the body, advising that he would like an opportunity to discuss it aFafn because the Water Depart~mnt is very anxious to proceed with its proFram Just as soon as ~osstble, and that he has requested Mr. C. E. Moore, EnFfneer in Charge of Construc- tion, to be present for a discussion of the matter. X~. Moore urced that some policy be adopted, [hat the proKress in the >xpanston program has now reached a point where it is necessary and that in the abaci ~f a policy the city m~Fht be required to install a booster pu~p to give better when water service is extended to hiFher levels. In a further discussion, Hr. Hinton objected to any rule that would reqt{ire the customers to bear the coat of regulation preesure, stating that he felt all should be on the same basis and charged the same. Hr, ¥ounF stated that he could see how costs of pumping o£ water to come of hIFher elevatlons would far exceed the revenue, and could result in a rate increase £ov all consumers ~ust to benefit a few users. .u~. ~oody expressed the feelir~ that Council should take into consideration what is best for the majority of the people ar~ that a large sum of money can not be spent to benefit one or two users. After further discussion, Nr. Waldrop stated that he ~uld like to know more about the matter and sucgested the question be carried over until April 6, 1953~ and that in the meantime Council discuss the matter at an informal meeting. It being aFreed, the mst~er was carried over to April 6. BU~GET-SMOK~ CONTROL: The City Iisnager at the last meeting of Council having been instructed to ascertain the amount or money needed to add to the Travel Expense Account in the Depart~mnt of Air Pollution Control budget to enable the Director of the Departnent of Air Pollution Control to attend the am!ual ~eetlng of the Hoard of i!~Irectors of the Air Follutton Control Association to be held on I!ay ~, 1953, he i~ubmltted a written report and co~zunicatlon from the Dlrector.o~ the Department o~ i!Alr Pollution Control showin~ that ~131.70 is needed to complete the numerous recucst !made to attend meetings etc., for the y~r. In a discussion of the reuort, the City Marmger recom~ended that ~h~ ~1~1.?0 ilbe ap[.ropriated. 1~. hoody moved that Council concur in the recom~mendatlon of the AYFS: ~{essrs. Woody, Ycung, and the President, Mr. ~ebber ....... NAYS: Messrs. Minton and Waldrop ........... (#11751} AN C~DINANCE to amend and reordatn Section ~66, "Air ~ollutlon Control", of the 19~3 Budget Ordinance. BE IT ORDA/NED by the Council of the City of Hoanoke that Section ~66~ "Air ~ollutlon Control", of the 1953 Budget Ordinanca~ be, and the s~m..e is hereby amended AIR FOLLUTION C0}~ROL #66 Travel a~ense .............................. is AIRPORT: The City l.lam~ger called attention to the fact that June 30, 1953, the dead line in making applicst~on for ~atchtng funds for airport improYe~ents and asked Council to consider the proposals previously sent out to me~bersof the After a discussion of the proposed projects, and it appearing that Council had previously requested the City Attorney to prepare a proper Resolution but did no{ the project or the amount at the t Lme~ Hr. Woody moved that the City Attorney and the City Manager prepare the necessary Airport Improvement Project Resolution not to exceed ~50,000.00~ for the next regular meeting of Council. The motion was seconded by Mr. Waldrop end unanimously adopted. CITY JAIL~ The City ~an~Fer at a previous meeting of Council having sub~lttm report statinz that he had been able.to work out an aFreement throu=h Mr. Fred Chief Deputy in the office of the United States Marshal, Derartnent of Justice District oF ~lr~lnia, for a contract based on $1,CO per day per person for o£ Federal prisoners, instead of the 7~ cents now received, st which .~settng the Clt$ Manager wa~: requested to ~e-~ a still better raft, he ~ub~Ittsd the followll ~eport= To ~he City Council ! re~orted to you that they hsd agreed to rals~ it from 75 cants ($ .75) to one dollar (%1.00). This is, in 7eneral, what Is bainE paid throuFhout the State and the District, end I recommend that you accept this offer and authorize mn extension of the contract fpp three years at one dollar {%1.00} par day for Respectfully submitted, (S~cned} Arthur S. (#1175~) A RF$0L!U'IO~{ authorlzing =d~aP L. WfnEtead, C~ty Sergeant, for and IPureau of Prisons, for a period of three years beginning ~Dril 1, 19~3, co'lerln;, the (For full text of aesotution, s~e 0rdinsneo ~cnk. No. 19, Page 301.) ~r. ..i~nton moved the adoption of the Resolution. Abe motion ~as seconded by, Waldrop and adopted by the followin& vote: Intel-department Com~nlcation DATE: March PO, 1953 FROM: Captain P. H. Webb, Superintendent of Police DomplyinK with your request the tra fic survey was made at the intersection of Nain Street and ~inons A~enue, S. ~. %'he records in the Tra~fic Bureau hnve been examined for the past three and wa find that no m¢cidents have been reported at th~s location durin2 that tlme. The lnvestlFatt~ orflcar ~e~orts a Fen~ral normal flow of traffic at this point except during the pe~k hours when Ibc drivers o~ notor ~ehicles experience a slight delay in enterir~ Main Street from Wtnona Avenue. officer is of the opinion that no trafeiccontrol ts needed st this location. Vet7 truly yours, (2igned) F. H. %'ebb Hr. Waldrop moved that the report be concurred in and filed. The motion seconded by Hr. Young and unanimously adopted. PARKS A~D PLAY6ROUNDS~ The City HanaFer eub~ltted the following, report in connection with the corer o£ the Johnson-Carper Furniture Comparry to make available land to be used for park purposes~ "Roanoke, Virginia March 30, 1953 To ~he City Council Roanoke, Virginia The following letter from Johnson-Carper Purnlture Co. signed by its Presldentj ~r. Don L, Jordan, is for your lnfomation: 'Herch 20, 1953 Ym. Arthur 3. Owers City Man~ger Roanoke, Virginia Dear Arthur: Following our telephone conversation of yesterday, I want to eonfir~ to you the action taken by our ~oard of Directors on Wednesdayj March The ~oard very readily consented to and voted unanimously in favor of my reco~nendation that our eomrany ~ake available to the c~ty, ~or an indefinite period of time, the comrany pro~erty located hat.eon Petrie and Wertz Avenues e%tendln~ from the Noreolk and ~estern Railway l~ne to Holltns Road for o recreation center and playground area. It was exolalned to them that this section of town is w'thout such a center I was authorized to make this particular proFerty available to the c~ty with the understandinG that shoulo the company need the property for from the com~any. I~ is also u~erstood thmt our company would be protected fro~ any liability for accidents or injuries resultin~ from You may proceed to draw up the necessary documents to contain these provisions and the property will be available !m/~ed!ately for the pl~pose outlined. It is out hope that it will serve a real need end that it will in same way add to the natal and spiritual values of cur city. We hope that it Kindest regards. Cordially yours, JOHNSON-CARFFR P[~NITUqF CO. (S!qned} Don Don L. Jordan' ~he offer for this land to be used for park purposes was secured by the City after a conference by his Honor the }layer amd others with Mr. Jordan Of the Johnson-Carter Furniture Co. I would suggest that you accomplish the foltowinE: 1. Refer to the City Attorney the letter in order that a proper contract may be drawn uD for the use of this land after the legal department has corneerred with' representatives of Johnson-Carper Furniture Company. 2. That a proposed use of the land be made to the Plannin~ Sonrd for consideration toward the orderly development of park land. 3. That the Planning Co~nisston confer with officis!e of the furniture company as to approval of the general plan. h. That the Planning Commission secure from the corporation a name for the park. Respectfully submitted, (Signed) Arthur S. O~ens City Mr. Woody moved that Council coucur in tho ~uFFestfons as set out in the renor of the City Manafer. The motion ~as seeonded b~ }:r. Minton and unanimously adopted. DELI~UE-NT TAX DEPABTMFKT: The ~lty MSnaFer sub:mltted to Gouncil the resignation o2 Mice Lsvinle Zerboe, Acting Delinquent Tex Collector~ effective ae of Rsrch 31, 1953. Yhe report and letter of resignst~on were filed; FOLICE DEPA~T~}~: The City Eanager sub~l~ted written re~ort from the Fol~ce Department for the month of January, 1953. ~he report was filed. STOR~! DR~IE$: The request of ~{r. Eugene Carbau~h, Jr., l~ confection with city building a stor~ drain to take c~re of ~he drain water from the new perkln~ !garage of which the company agre~ to pay up to ~I~O00.CO of the cost, having previo~sly been referred to ~he City ~{an~er to ascertain the cost of construction, he sub~Itte¢ ithe follow~n~ reror~ and costs: "Roanoke, March 30, 19~3 To The $~ty Council Gentlemen: I ~ presenting to you nabs and the follow,nE estimate costs of the proposed drain for the new garage to the present C~ty dr~n system: 'March ~S, 1953 ESTI~;.TF O~ ST0~,~ DPA!~ TO ~.ER~VE ~ARKi~.!~ ~dlrDIKG On Bull~tt Ave. 300 L.F. 17" Ditch 0'-~' Depth ~ {3.00 .~900.00 On Jefferson St. 175 L.F. lP" Ditch O'-~' Depth ~ ~$.00 875.00 ~75 L.F. ]P" Concrete Pipe ~ ~1.10 ~.50 3 Manholes Co,plate ¢? ~.100.00 300. 0 TOTAL %~2,597.50' Hespectfully submitted, (~gned) . Arthur S. ~wens C~ty ~ana~er" In a discussion of the report, Mr. Minton advised that it is his feeling Mr. Csrbaugh's Company should bear all the cost of the drain, that the drain is not of ~artieular value to the city, that if built at city e~pense it would be to serve onl~ yroperty and that he 6ocs not feel this is the policy of the city, and moved th~ the request be denied. The motion was seconded by ~[r. Young and u~n~mousl¥ edopted~ TAIFS: The City Attorney having been requested to investfuate a request from the Youn? Wom~n's Chrlsti~n Assoclat~on that they be relieved of a portion of the ireal estate takes assessed on their property for the year 1951, the Assistant City Attorney submitted e written opinion advising that it Would not be rroper for Councl~ to entertain the request Of the f%~CA to be relieved of the pbyment of wh~t appears Mr. Waldrop moved that the opinion of the Assistant City Attorney be concurr~ in and that the request of the YWCA be denied. The motion was seconded by ~iro Woody and unanimously adopted. REPORTS O~ CO~!I~TEE£: None. U}~INISH=D BUSt N~SS: bUILDING CODE: The question of changes to Section 10~, Subsection 3, Parecral~ (c) snd Section 108, Subsection 1, of the ne%! proposed bulldtrF code, having been carried over for further discuss~on alon~ w~th t~e entire draft of the proposed code and me,~bers of Council having been furnished with copies of the proposed amendments to the t~o sections in question, the matter was again before the body, Hr, ¥oun? moved that Section 102, Subsection 3, Plans a~d SeeclFication~, Paragraph (c) of the new Proposed BulldinF Code ke deleted in its entirety and that there be substituted a new paragraph (c) th~.afor readlnF as '(c) All dra~ln/~e and specifications for ~ubllc and Institutioral bulldlr~s~ as defined in Article III, Section 300 of this Code, shall be prepared and signed by a licensed architect or er~laesr who Is certified in the State VirE~nla and ~hose certification is in good standing; provided, however, th! this reqairement shall not apply when such a buildin~ is desi6ned to date not more than ~0 persons at e given In a discussion of the motion, }3. Minton stated that even though this proposed amendment does relieve ce~ta!n builders of snell structures from having to e~plcy the services of ll(ensed architects and engineers that it still requires builders of large constructions to enploy architects and engineers and that he feel: this ir ~lll discriminatory and that the requlre~ent ~hould not be in the new code. Mr. ~oody seconded ~Ir. ~ounc's motion and the r~tlon was lost by the follow! vote: AYFS: Messrs. Woody ~nd Young .......... ?. NAY& Messrs. Minton, W~ldrop, and the fr~sldent, Iir. Webber ....... 3. In this connection, Er. Young advised that since his ~otton to subst!t~te a ne~ paragr.ph (c) to Section 1,2, Subsect!on 3, was lost, that the orirln.1 ~oved that Section 107, Subsection 3, Plans and Specifications, Fararraph (c) of the Original draft of the Proposed Bultd~ng ~ode, be deleted and stricken Cron the original dr~?t. The motion was seconded by Xr. ~Ilnton a~ a~opted by the following vote: AYFS: ~essr~. ~:Inton, ~ald.oV, Woody, Young, and the President, 1'1r. %;ebbor- NAYS: None ......... O. In a further dl~cussion of the Building Cede, F~. Woody moved thut Section 108, Board of Appeals, Subsection 1, Appointments, of the new Proposed Bui!di~ Ccd be delete~ and in lieu thereof a similmr section be ir~erted to read as follo%,s: "1. Anpofnt~ent. There is hereby established in the ~unfcipality a board be called the Roard of Appeal, %~fch shall consist of five (5) members. Suc~ board shall be co.Dosed o£ one State Certified Profea~ional Engineer, one State Certified Archltect, one licensed contractor on?aged in the business Registered Contractor sheafed ~n the business of constructin~ lerFe and one me~ber of the public at large, all of ~hom shall be residents C!ty of Roanoke. The said board shall be ap;ofnted by CftyCouncfl end the City Council shall des!gnats one of the members thereo* to serve as ~ne ~otlon was seconded by Fir. Waldrop and zdopted by the following vote: A~S: Messrs. ~iinton, Wald~oD, Woody, Young, and the Presl{ent, Mm. Web,'er- NAYS: None .............. 0. There beinK no further discussion, Mr. Woody moved that the original draft of the Proposed Building Code, along with the agreed changes, be referred to the City Attorney and the Bufldint, Inspector for preparation of the complete code for presentation to Council. The motion was seconded by Mr. Waldrnv and unanimously CONSID~RATION OF CLAIM~: None. IhTRODUCTION AS~ C0}~SIDEHATION O? O~D!NANCES A~ RESOL~ CI~JIL D~PENSE: The City Attorney having been requested ~o prepare the pronf Ordlnsnce for use of certain land belonging to the Norfolk and Western Sallwey 'l'19 for the purpose of erectlnE ar~ maintafning an air raid warning siren~ the City Att.orne¥. ~resented t/he O~inence; whereupon~ H~. Hinton offered the follo~lnF e~r~ency O~nance ~ (~117~3) AN ORDINANCE au~lzinF and directi~ the acquisition of rights a~ p~!vlle~e~ fro~ the Norfolk a~ ~este~n Rail~ayCo~pany ~or th~ matntenanc of an air reid wa~nln~ ~lren~ ~d providing fo~ an e~Fency. (Fo~ full text of O~in~ce, ~e~ O~dln~co ~ok No. 19, faFe 30~.) F~. Minton moved the acoption of the OPdln~c~. The m~tion was seconded by I~. Woody and adopted by the follow!nF vote~ A~S: Messrs. ~inton, ~ald~cp, Woo~, Young, and the Pre~lSent, M~. ~'ebbe~- EAYS: None ............ O. DEL!EQUFN~ TAXES: The City Attorney ha7lnE been requested to prepare the Dro~e~ tesolutIon authorlzin~ the Institution of ~uit~ In equity to e~o~ce the city llen for dell~uent taxes, he pPesented the ~esolutton: whereupon, M~. Young offered (~1!7~1!) A RESOL'~!~N authorizing and directtn~ the City Attorney and/or the Assistant City Attorney to institute and conduct suits In eq~lty for the FurDose of e~orcln~ the City's lien for delinouent taxes and other sssessaents against certain ~ f (For full text of Resolution, see O~nance Book }~o. 19, Page 30~.) ~{~, YounF ...... i the ado,tion of the Resolution. 2he mdt1 ......... ,~e~ '3 ~. M~.nton a~ ad~teU by the follow~n~ vote: . IlAYS: None ............... O. M~IONS .AND MISCFLLA!~OUS ST~FETS A~ }LL~S: }Ir. Minton called attention to the t~offc condition the ua~sv oP island 3us~ west of the !nte~section Is caus[r~ a t~af~ic block and ~%.~en ca~s ape ~a~ked on the no~th sine of l,lel~ose i{~nue, west of Lafatette n h' o ~ ....... ~ the oosslbility of re~':!~[ fa its entirety the first pa-l:way o, ~sland. The motion][ FaA ICHiE~-ROAN0~ GfE C5~-TtN~: Mr Minton ~tated that the Council ppolnted by Resolution No. 11117, adoFted June ?5, 1951, for the ouroose of maklna ~ntha been ~:orkfng on the question and at the present time the co~ittee Is makln~ no progress in its negotiating with the Roanoke Gas Company, advi~n~ that,,several meetings bet ...... th .... ittee ~d the Gas C ..... y officials has ~o~ght'abOut no ] agreements a~ as Chai~ of the co=~tttee he is requesting Council to clscharge th~ present com_~%ttee since it Is m~i~ no progress and further that the co~,~ittee as n~w existing ts hampered since Mr. N. P. Hunter and Mr. Dan J. Cronin are no longer on Council snd both have requested him to have their names dropped from. the co~lttee, Mr. Minton moving that the co%nlttee be discharged so that Council can d~l dlrectly~ Mr. Young agreed with Mr. Minton a~ felt Council shoula concur fn Mr. M~nton's .motion, co~entfng that the committee has been handicapped in the loss of t~ of its me.~bera and that actually the proposals offered the Gas Co~pany did not originate with the co~lttee but ~ere made by Council throu~-Ja the co~ltteo, Youn~ expre~Ing th2~s a~ spp~eclatlon to t~.e co~tttee for 1ts ~ork on the quest~ seconded ~e ~tion ~hlch ~a$ un~ou~ly adopted, DEP~T~ ~ ~U~LIC ~ARE~ Hr. Woody advisln~ that du~l~ the budFet study for 1953 it had beea ~reed that t~ city ~hould liquidate its farm pvo~rm~ he ~ske~ the City Hanacer what progrezs Is belnE made. The City ManaFee stated that profve~s Is beJn~ m~de and that he will ~lve a ~po~t at a later dat~. There belnF ~ ~rthev business, C~ancll ad3ou~d. AF PR 0V~D A~ F~: ~ 121 COUNCIL, RE~ Ur-.,AR Nondey, April 6, The Council of the City of lioanoke net in ~eBular meeting, in the Circuit Court Room in the Hunicipal Bulldin~, Ho~, April 6~ 19~, at ~s00 o~clock, p. the r'e~la~ ~etin~ ho~. vith the ~eaident~ ~. ~ebbe~ presidinG. PR~ Hassle. Hlnton, ~ald~op~ ~o~y~ You~. a~ ~e President~ ~. ~ebbe ~SE~ Nons ............. O~IC~S ~R~E~: H~. Arthu~ S. ~ens, City H~e~, ~.~dolph O. ~ittle city Attorney. a~ ~. Ha~ R. Yates, City ~e ~eting vas ope~d ~ith a praye~ by the Reve~e~ Robert E. A. Pastor off the Ghent Brethren HI~ Copies of the minutes o~ ~e ~la~ ~etin~s held on ~ay~ 16, 19~, and ~nday, H~ch P], 19~3, havi~ been ~rnished each me,er of Council, upon motion of Hr. Hlnt~n~ seco~ed by Hr. ~oody ~ una~m~sly adopted, the readins of the minvtes of Hatch 16 vas dispen~ed ~lth a~ the minutes approved as recorded. Upon ~tion of ~. You~, seco~ed by ~. ~aldrop a~ unanimously adopted, the readl:~ of the minutes of Hatch ~3 vas dispensed ~lth a~ the minutes approved as recorded. vith the request that the City Clerk delete ~e ~ork ~Llcense~ In tvo places ~ith reference' to the Tax Study Co~ttee. H~RIN~ OF CITIZENS UPON FU~LIC H~USE CO~ION A~ DISPO~L: Pursuit to ~ Request fo~ ~otatlon issued by the Purchssl~ AEent of the City of Hoanoke on t~ ~arba~e trucks, said bids to received by the Purchasl~ Agent until ~ o'clock, p. ~., ~o~ay~ April 6, a~ to be opened before the Council of the City of Roanoke st that hour~ the ~r. 'ebbed, ~sked ~ there ~as s~one pre~ent ~ho did not Fully u~erstand the Heque~t fo~ ~otstion, tF there ~as anyone present ~ho had been denied the privilege of b~dd[n~, o~ if there ~ere any questton~ anyone would l~ke to ask~ and ~ representative rsisln~ a~ ~estlon, the President tnst~cted the Clerk to Proceed ~l~ the openl~ of the seven bids received on the ~e bld~ having been opened a~ publicly read before Council, '~. Youn~ offered ~e follo~i~ Hesolution: {~llT~) A R~OL~ION reFerr[n~ bids on t~o garbage t~cks For the Hefuse Collection and Disposal Department of the City of Hoan~ke to a co~ttee composed ~, Arthur ~. ~ens~Clty Hana~er, ~. H.B. Nose, PuPchasl~ A~ent~ ~. John L, ~ent~orth~ Dlrectom of Public ~ork~, a~ ~r. Har~y H. Yates, City Auditor, tabulstlon~ report ~d rec~endatlon to the Council of ~e City of Roanoke. {Pot ~ll text of Hesolution, see Ord~ce ~ok No. 19, Pete ~. You~ moved the adoption of the He~olutlon. The motion ~as seconded by ~r. ~aldrop end ~opted by the follo~ln~ vote~ A~ ~essrs. Hlnton, Yaldrop, ~oody~ You~ and the Presldent~ ~. NA~r None ............... O. STH~ I~ROV~E~S~ ~rsuant to notice ~f advertisement flop bids on Job 1, street l~ovement on P~eston Ave~e~ N. ~., at Preston P~k ~chool, between Hoad a~ HcAfee Street, ~ on Job No. ~, street ~provement on FIFth Street~ N. ~.~ at ~cy Addlson Hl~ S~ool~ ~n acco~ance ~lth plus ~ speclficati~ns .1¸22 ~urniahed by the office of the City Engineer, caid bide to be received by the City Clerk until 2:00 o~clock, p. m., Honday, April 6~ 19~3~ and to be opened before the Council of the City of Roanoke at that hour, the President, there wee anyone present ~ho did not fully underetand the advertieement, if there anyone present who had been denied the privilege of bidd~lg~ or if there ~ere my questions anyone would lika to ask~ and there being r~ question, the President. instructed the Clerk to proceed wit~ the opening Of the five bids received on Job Nc 1~ and the two bide received on Job The bids hevLug been opened and publicly ~ead before Council, Mr. ~oody offs the following Resolution: (~11756) A RESOLUTION r~ferring bids for street improvement on Preston Avenu No ~., at Preston Park School~ between h'lllie~son l~oad and McAfee Street, deetgneted as Job No. 1. and bids for street l~provement on' Fifth Street, No W., at Lucy Addiso~ High School, designated ss Job No. 2_~ to a com~lttee co~posed of Mr. Arthur ~o Owens City Henager~ Mr° H. ~letue Broyles, City Engineer, and Mr. Barry R° Ystes~Clty Audi for tabulation and report to the Council of the City of Roanoke° {For full text o£ Resolution, see Ordinance Book No. 1~, Page 30~.) Mr. Woody moved the adoption of the Re~olutl~no The motion was secomded by Mr. Young and adopted by the followir~ voter AYES: MessrSo Minton, Waldrop, 1~'oody, Young, and the President, Mr. Webbero~ NAYS: None ............ PETITIONS A~D COMMUNICATIONS: POLICE DEPARTMENT: A com~unication from Mr. R. M. Youell, Director of the Division of Corrections of the State Department of Welfare and Institutions, togethe with a report on the police lockup of the C~ty of Roanoke which was inspected on March 18, 1953, wee before Council. The communication and report were filed. CITY ~AIL: A communication from Mr. R. M. Youell, Director of the Division of Corrections of the State Department of Welfare and Irmtitutions, together with a report on the Jail of the City of Roanoke which was inspected on March 18, 1953, was before Council. The communication and report were filed. TAXES: A com-~untcation from Mr. Morris L. Masinter, Chairman of the Tax Stud Co~lttee, advising that the final report of the committee will be filed with Counci on or before May 1, 1953, unless prevented by some unforseen circumstances, was before the body. The communication was filed. ~R~FIC: A petition signed by the mercharfcs on East Salem Avenue in the bloc] between Jefferson Street 'and Wall Street requesting that parking meters be removed ~he south side of the street and that the entire south side be designated for loadlr and unloading, was before Council. Mr. Waldrop moved that the request be referred to the City Manager for stud report and recom~nendation to Council. The m~tion Was seconded by Mr. Minton and unanimously adopted. REPORT~ OF OFFICERS: STREET LIGHTS: The City Manager submitted ~ritten report with the recom~enda tion that three street lights be installed at the locations on Preston Avenue, N. W., as set forth in the report. Hr, Minton moved that Council concur in the recommmendation of the City Mansg a~d ~ffered the followir~ Heeolution~ (~11757) A RESOLUTION authorizing th~ installation of three gSOO lumen stree liRhte on Preston Avenue, N, W., between Wllliamson Road a~d McAfee Street, in the vicinity of the Preston Park School, (For full te'xt of Resolution, see Ordinance Book No. 19, Page 305.) ~r. Minton moved the adoption of the Resolution. The motion was seconded by Mr. Waldrop and adopted by the following voter A~: Meesreo Mlnton, Yaldrop, Woody, Young, end the President, H~o Webber-5 NAYS: Nons--: ............... O. FIRE PROTECTION: The City Manager submitted the followin,~ progress report the question of requiring a plan for the orderly evacuation of hospitals, concalesce homes, nurseries and similar institutions throughout the city in the event of a catastrophe: "Roanoke, Virginia April 6, 1953 To The City Court, il Roanoke, Virginia Gentlemen: At the suggestion of Itr.Waldrop, plans were made to provide adequate five drills for all hospitals in the City o~ Roanoke. A meeting was held on January 15, 1953, at the Roanoke Health Center. Approximately fifty persons .attended the meeting. We found that the interest shown by persons who were present provide that we should extend our plan to cover other buildings in addition to the hospitals. This ~uld include nurseries, kindergartens, convalescent homes, and other like buildings. We are making progress on the plan and hope to have it completed as sool as possible~ however, exactness inthe plan and drill is most important; and we will complete our report as soon as all the varied types of buildings have provided fire drill plans. Respectfully submitted, {Signed) Arthur a. ~wens City Manager" The report was filed. DEPtRTF~.NT OF PUBLIC WELFARE: The request of Hr. James Lee Ferria that Council take n~cessary steps to assure restoration of his Old Age Assistance allotment, whic~ has been cancelled by the local Welfare Department, having been referred to the Cltyil, ,Manager, he presented a written report and the following letter from the Director of the Welfare Department: "March 31, 1953 ' Hr. Arthur S. Owens City Manager Municipal Building Roanoke, Virsi n~ a Dear Mr. Owens: This letter is in reference to the Ferris case, about which Mr. 'Dew appeared at City Council March 30. I s_~l giving you the main facts in the case. At a Board meeting on 9-1P-5~, the Old Age Assistance case of Mr. and Hrs. Fsrris was cancelled because the relie£ need for them was $69.~5, according to the schedules we use, which are furnished us by Rlchreond.Since their income was above this figure, we cancelled the grant at that time. In October, 1952, Iii.. Ferris appealed his case. A fair hearing was held on 11-1~-52. Hr. Dew appeared at that hearing and brought with him a lawyer. In the meantime, a new investigation was zmde, which showed that Mr. Ferris and wife were still ineligible as their needs were $69.~O and that their available income was ~80.38. Still another application was signed by Hr. Ferris on 1-6-53. This application was rejected on 2-13-53 since the income was still above the need. We understand since this last application was · rejected that }irs. Ferris' daughter, Hrs. Pralln, has stopped work, which now leaves am available contribution from ~". C. Ferris of $27.50 and Mr. Ferris' Social Security of ~25.00, making a total of.$52.50. 123 124 The only ·Item·tire now ia for R~, F·rria to file still ·nether app since their income at the present tl~o ia below the minlm~ need o~ If all the other factor· remain the 8amej H~. F·rria might possibly eligible for · very small grant. Only · new application and · new tion can determine this matter, H~. Ferria Is being advised that he may · new ~q3plication, You Can cee from this casa ho~ many investigations we have to make in order to keep our caseload currently ch~cked, .Even than, it ia almost leq~oasible to keep p·cs with the rapidly changing conditions in many o~ these cases, Heepect~ully yours~ (ginned) J, Ho Fallwell Director of Public Yell·re~ K~o ¥oun~ moved that the report and com~unication be filed pendin~ ·ny new application H~. Ferric may make. The motion was seconded by Re. ¥oody and unanimous adopted, DEPARTMENT O? PUI~LIC I~LFAREt The City Hah·gar having been requested to Five report on what progress is bain~ made to liquidate the city's farm program, he submitted mitten report together with the £ollowing co~uunication from the Director of ~ublic I/el£are~ ~April ~, 1953 Re. Arthur So Owens City Hah·ESr ~unicipal Building Roanoke ~ Virginia You requested that I ~lve you a report on the progress we a~making of disposin/~ of the farm equipment and livestock, Upon instructions from Hr° Eossj City Purchasir~ Agent, we have not disposed of shy of the farm merit. Hr, Hose lnfor~ed me and you later cor~l~usd it to me that he wanted all of the fare equipment held until each City department had an opportunity to look over ~hat equipment we had and see if any of it could be used by their respective departments, Actually, ! think the equipment will be the last thing we can dispose c~ since we have a fairly good crop of wheat and some oats that will mature in June and Re. Hess feels that we should harvest this and sell it in order to increase the amount we r~ay receive from the sel~ It will be necessary to hold certain o£ our equipment until these cro_cs ere On the other hand, we have be~vn dl~posir~ of the livestock. We had sold somethin~ over ~1100 worth of live~tock up to the er~ of Hatch. ~e carried a load to the stocMyard ~edneeday, April 1, for.which we have not yet been The Auditor's Office lnffome me that through Harch ]1 we have received and have expended $~o$~. TheE~eeter part of our ~tock and s~ch equipment that is for sale is yet to be sold, I sm of the opinion that practically all of the livestock ~lll be sold by the end of April. This ~lll leave only the equipment end a few other odds and ends to be disposed of at a later date. If there is any additional lr~o~uation you desire, I shall be glad to obtain it for you. Respectfully yours~ (Signed) ~. H. Fallwe11 Director of Public half are" The report was filed° PUHCHASE OF FR0?ERTY: The offer of Rye Carl A. HontgomerT to sell the City toanoke a ~o25-acre tract of land havir~ been referred to the City Hana~sr to investigate and report back to Council, he submitted the followinf reports "Roanoke, Virginia April 6, 1953 To .The ~lty Council Roanoke, ¥1rginia ~entlemen: You referred to me a letter from Re. Carl A. Hantgomery in which he offered to sell tn the ~lty certain lends south of the City on Route This property is located outside the City ~.imits and is approximately 13OO yards from Flshburn Park which is located within the ~lty L~mlts. The parka already provided In this section of the City and the limitati of funds precludes me from reco~erding the purchase of this land, Respectfully submitted, (&lgned) Arthur 5, O~ens City Hanager~ On motion of Hr. Waldrops seconded by Hi-. Hinton and unanimously adoptedo the recorm~ondation was concurred in. STORH DRAIRS~ Tho request of Hiss Hary E, Fawcett~ 1802 Arlington Road, S. ~ that necessary steps bo taken to correct the drainage problem in the alley at the rear Of her home and that she be permitted to retain a brick wall placed in the alley to keep back the water, having been referred to the City Hanage~ he submitted the following report: URoancke, Virginia April 6, 1953 To The City Council Roanoke~ Virginia Gentlement You referred to me, inyour File ~?~ a letter from Hiss Hary ~, Fawcett; concerning a drainage situation in the alley in the 2000block bounded between Laburnum Avenue and AvenelAvenue. We are very familiar with this probleml and ! understand from the Engineering Department that thls has been brought up on numerous occasions; however, it ia one of our usual drain p~oblems, The constrUction of homes near this lo~ place augments the impounding of water but does not remove the undesirable water. The cost of disposing o£ the water by a drainage method would be approximately $~0,000.00 for which no funds ara provided in the budget. Respectfully sub~ltted~ (SlEned) Arthur $. Owens City Hanager~ In a discussion of the proble~ it was brought out that the brick wall in question had been placed on city property and that the wall has now been removed by the owner and. reconstructed on her property. On motion of Hr. Woody, seconded by H~o Young and unanimously adopted, the recommendation of the City Hanager was concurred in, AIR~OHT: The City Hana~er advised that in the removal of the old Terminal Building at the Airport the existin~ city gasoline facilities will be inoperative and submitted the following report: "Roanoke, Virginia April 6, 1953 To The City Council Roanoke, ¥1rginia for an indefinite period due to the fact that we could continue securing our:l gasoline at one half cent off tank price provided we used our own tender. ! have the following ;roposal fromthe Ease Standard Oil Company with reference to the relocation of equipment; and ! would like to discuss with 'February 27, 1953 Roanoke Hunicipal Airport Roanoke, Virginia followingproposal: 125 :1'26 (1) Wa to continue the camo price basis in effect on all ~ro~uctl now being sold to you. As ~entiormd in ou~ conversation, tho one and one-quarter cants pe~ ~lon d~scount on 8~octa~ represents a sav~g to the city of approx~tely ~.~ pe~ ~2) W~ to ~tall on you~ t~ck a du~ p~ng unit togethe~ with the ~ceasary hose, meters and real ~lch will put y~u ~n a position to dispels f~m ~s t~ two pr~uct8 w~t~ut mixt~e ~ateve~. (3) We ~ paint y~ track co~letel2 in a ~r~n*like ~er a~ to lette~ ~n line ~th yo~ desires. (~) We to l~tall separate metePs ffo~ the t~ee ~ades ~lch y~ buy. You sill be billed wl~ shown on each ~ter. This will prevent the city havl~ to stock ~y gasoline ~ateve~ and will ~o eliml~te all stock losses as the product In the tank will belong to our company. (~) You to exte~ to us a %-yea~ contract coveri~ the entire requ!~menta of Aviation Oasolina ~d ~tor Oils used by 2au (6) You to assure us t~t our products ~lll be hailed for the ful five years of our or]gin~ contract by new de.er ~o ~y go into business at the airport with the u~erst~lng that du~lng the ~-year perl~ all prices a~ equip~nt ~ill be passed on to the new de.er on the s~ basi (7) We to ~l~a[n ~d m~e the necessary repairs ~ the hose, meters, reels and so-called pl~t~ equipment on your truck. We are extremely ~[ous to continue doing business wl~ you ~d t~st that ~n view of the ~ove consideration, you will Feel it advisable ~d a sou~ proposition flor the city to accept. IF are not fully covered in this letter, please ~ not hesitate to call on Yours ve~ t~ly, Assistant District Manager~ Respectffully audit ted, (Signed) ~h~ ~. ~ens City Manager" ~ter a discussion of the present contract a~ facilities, Mr. H~nton moved that the ~tter be referred to a co~ttee co~osed of ~. ~thu~ S. ~ens, City Manager, ~. Har~ R. Yates, City Auditor, a~ ~. R~dolph G. E~lttle, City Attorney~ to study the existing contract ~ facilities and report back to Co~cll. he motion was seceded by Mr. Woody ~ unanimously adopted. ' ~ ~IE~: The C~ty H~ager presented the Following letter from the Ro~ok ~aseball Club and advised that he and the City Auditor reco~ that they be authorized to accept the te~s conta~ed tn the letter: Har~ R. Yates,C[~ Auditor Cl~ of Roanoke~ Vlrg~nia. Dear Hr. Yates= In regards to your lette~ of M~ch 26, 1953, If it meets with your approval, we would like to pro,ese the following me~od of ~a~ent for the balance due on our 1952 rent of ~1~95.15 a~ the balance due on 1951 rent of $1~.22, mak~g a total due of April aS $100.00 May 25 June 25 200.00 July 2~ 2~0. O0 August 25 300.00 September 25 350.00 ~alance to be paid in full by November 15, 1953. This will give us an opportunity to be in a better position by distribution of payments as above. Please advise iF this ~ete with your approval, Very truly yours, ROANOKE P~EB~ff~L, INC., (Signed) LeRoy Schneider Presidente 127 A~ter a brief discussion of the matter~ H~. Hinton moved that the proposal be taken under advisement For one reek and placed on the agenda For April 13, 1953, The motion wan seconded by Er. ¥oody and unanimously adopted. SE~E DISFOSAL-BUI~ET~ In connection with the operation of the Disposal Plant, the Ciby Hanagsr aubndtted the Follcw~ng report and recon~endatio~ #Roanoke, Virginia April 6, To The City Council Roanoke ~ Virginia Gentlemen.' ~]len we opened our Sewage DisPosal Plant, the firm of Alvordj Burdick and Howson suggested that we benin operations ~lth twenty-one men. Several subsequent cor~erencea followed in ~hich I a~reed to reco~x~end the emplo off thirteen men to start the operation of the plant. The en~ineerinE firm and also their locn~ rapreaentatlvee~' Hattern and Hattern~ felt that ~e could ~t operate ~i~ these Fe~ ~n[ ho~ever~ I thou~t ~e should try. I a~ convinced I ~ In error. It ~ill t~e sixteen men to operate the plant~ n~ I recc~e~ that I be authorized to employ t~ee additional men at a sala~ off $3,~0.~ pe~ Respectfully su~ltted~ (Si~ned) Arthu~ S. ~ens City Hansge~~' In a discussion of the ~tter~ the City Han~er outlined the ~orktn~ conditi at the plant at the present time a~ advised that It Is impossible to operate the plant either satisfactorily ov efficiently ~Ith the p~e~ent force, and that the problem rill beco~ ~orse as su~er approaches vlth additional ~ork, vacations, After a further discussion of the matter, Hr. Young moved that the body In the employment of the three additio~l operators a~ offered the followin~ Ordinance: (~117~) AN ORDINANCE to amend a~ reordal~ an Ordinance adopted by the C ouncil of the City of Ro~oke, Vlr~lnia, on the 31st day of December, 1952~ No lltl~, entitled, ~An O~dinance makl~ appropriation~ fro~ the Sewage Treatment Fu~ foe the City of Roanoke fo~ the Fiscal ye~ beEl~inE Jazzy 1~ 195], a~ e~l~ Decembe~ ~1~ 1953, ~ deciarin~ the existence of an e~cgency~, a~ providinE (Fo~ ~11 text of Ordln~ce, see Ord[n~ce Book No. 19, Page ~. You~ mo~ed the adoption of the O~tn~ce. The ~tion was seco~ed by ~. Woody and adopted by the followi~ vote~ A~: Hess~s.Hlnton, Wald~p, Woody, You~, and the President, H~. Webbe~-5. NAYS: No~ ............ 0, ~H~0USE: The City Hanage~ submitted ~itten ~port fron the Almshouse the month of Fabian, 1953, showin& a total expels of $1~710.O3, as co~pared with a ~total e~enae of ~.1,396.21 ~o~ th ....~ of Feb~avy, 195~. The report was fll~. REFORTSI The City Hana&ev su~itted ~ltten reports f~om the Delinquent Tax Department fo~ the month of H~, 1953, the Depa;tment of ~blic Yovks for the ~eb~u~, 1~3~ a~ the Purchasing Department fo~ the ~nth of H~ch~ 19~3. The ~po~ts we~ filed. DEPA~hT OF ~UBLIC ~ARE: ~e City Hanager su~Itted written ~port covev~ng the expenditure~ a~ activities of the Depart~nt of Fublic Welfare durt~ the ~nth of February, 1953, In co~pliance with Section 63-67.1 a~ 63-67.~, Coda of Virginia. ~ns The report was filed. /128 BUDGET-CITY E~PLOYEE~z The City Hana[~er submitted the following mitten report in connection with a traininl~ pro~rem fo~ superviso~ personal o~ the City ~oa~ke~ ~Roanoke ~ Virginia April 6, 19~3 TO ~e City Cou~ll Roa~ke.Vi~lnia Oentle~nl Realizl~ ~at It Is ~ortant fo~ ~nicipal ~over~nts to constantly l~rove a~ etay abrea~t oF cha~es~ ~ere have been several co.erases between the City Hanage~ of Lynchbu~ the To~n Han~e~ of ~dfford, ~ecutive Dlrecto~ off Bedffo~ County and ~ ~lth ~p~esentatives oF the University of Virginia to~d a t~ainl~ prog~ ~o~ ou~ Pla~ have been completed fo~ the school to beginJ ~ ~ p~t of the coat of the progr~ ~ould be $300.~. You a~e referred to Account ~0, Pa~e 31 oF the Budset. I ~uld appreciate ~ $~.O0 from ~Investigations ~ Re~ards~ to a ne~ item described as Respectfull~ submitted~ (Signed) A~thu~ S. ~ens City Hana~e~~ ~. ~oody ~ved that C~ncil concur In the reco~e~ation oF the City Hanage that the $300.~ be made available ~d offered ~e Follo~l~ emergency Ordina~e~ (~11~$) A~ ORDINA~ to ~ a~ reordatn Section ~, '~an~e~~, Section ~O, ~Police Department~, of ~e lq~3 ~d~et O~ln~e, ~d providl~ (Fo~ Full text oF Ordinance, see O~inance Book No. 1~, Fa~e ~. ~oody moved the adoption o~ the Ordinance. The motion ~s seconded by ?~ Youn~ and adopted by the follov[~ vote: A~S: Heeer~. ~lnton, Fald~p. ~oody, ~ou~, ~d the Freeldent, H~. ~ebbe~- NAYS: ~one .............. BE~O~S ~ CO~T~: Hone. U~INIS~ BUSIES: Z0~-STH~ ~IE~: Ac~lon on a request of the ~CA fo~ rezontn~ from General Hesidence District to Business District p~perty located on the ~vth of Gllaer Ave~e, N. E., vest of Seco~ S~ree~, k~n as Lot 3~, Block 1, Official iurvey ~ 1, ha~l~ been deleted until the presen~ meeting, the ma~ter vas a~ain the body. In a discussion of the salter, Hr. Hinton stated that an option lhould be obtsl~d on tha~ portion of ~t ~6 ~lch the ~CA has a~reed ~o lell the City for street purposes a~ filch Is adjacent to Lo~ In s f~thev discusslon, ~. ~oody moved tha~ Council concur in the tion of the Cit~ Plannln~ Coml~lon that the ~equest fo~ vezonln~ be ~ranted ~d th the follo~l~ 0~inance be placed upon lt~ flr~ readl~. ~e m~lon ~i~ seconded Hr. You~ a~ adopted by the follo~inf vote~ A~S: Hess~s. Hlnton,~aldrop~ %oody, Young, and the Presiden~ ~. ~ebber-~ N~S~ None ............... O. (t117~0) AN ORDINAN~ to amend and reenae~ Article I, 5ec~lon 1, of Chapte~ ~1 of {he C~e oF the City of Hoaoke, ~irtlnis, In relation to 2onl~. ~H~, ~pplica~ion has been made to the Co~cil of the City of Roanoke to have proper~y located on the ~rth ~lde of ~llmer Ave~e~ N. E.~ ves~ of 8eco~ described as ~t JS~ Block 1, 0fficid furvey ~ 1, rezoned from General Residence District t~ Business District, ~d I29 ~JHEREAS, the City Planninf~ Commission has racon~endad that the above prope~t be ~zoned f~ Oene~l ResidenceDlst~ict to ~olnes8 District as requested~ a~ ~ ~tico required by A~ticle XI~ Section ~]s o~ ~apter ~1 off the Cod off the City of Roa~ke, Vis,init) ~latl~ to Zonin~ ~8 been publJoBed in 'The Roanoke aorld*He~sUo' a newspaper published In the City o~ ~o~kes ~o~ the time required by said section~ a~ ~ the ~l~ as provided for In s~d notice published In the said newspaper ~as Siren on the ~th d~ o~ Harch~ 19~3~ at ~ o~clock, p. m.~ before the Cou~ll of the City of Roa~ke in the Co~il Room In the ~nicipal ~lldl~ at ~ch he~ln~ p~e~ty ~ers a~ othe~ interested p~ties In the affected a~ea ~ere S~ven an opportunity to be he~d, ~d ~ this Council, sifter takl~ the application for ~ezonl~ .dvise~nt a~ considerln~ the evidence submitted, Is of the opinion that the a~ve ~prope~ty should be ~ezo~d as requested. T~R~E, ~ IT O~AIh~ by the Council of the City of ~o~oke that Article I, Section 1, of ~apter 51 of the Code of the City of Ro~oke, Virginia, relatl~ t0 ~Zont~, ~ ~e~ed s~ ree~cted In the followin~ particular a~ ~ other~ viz~ Property located on the north side of Gll~e~ Aven~e, N. E.~ west of ~eco~ Street, described as Lot 3~, Block 1, Officl~ Survey h~ 1, designated on ~heet of the ~onin~ Hap as Official No. 3011~38~ be, a~ Is hereby cha~ed from General ~Residence Dlst~lct to Business District, ~ the Hap herein reflexed to shall be chanEed In this ~espect. ~e Ordin~ce havin~ been read, was laid over. In this connectl~n~ ~. Youn~ moved that the City Attorney prepare the necessa~ measure to obtain an option From the ~CA on that portion o~ Lot 36, ~ectl n 1, OFficial ~vey ~ 1~ needed for street wideni~ purpose~. The motion ~as seco~d ~. Hinton a~ unanimously adopted, STR~S A~ ~L~S: The City Attorney hav[~ been lnst~cted, to work out the ~ecessary steps for the wldenin~ off Bullitt Avers, S. ~.~ and.havl~ presented to 'Council i~o~ation in co~ectlon with the purchase of property From ~. Lee Eeedick ~. }foody moved t~t the City Atto~ey prepare the p~pe~ p~pers to execute the option on the la~ fo~ the widenl~ of ~llitt Avers as outll~d In his report to the body. ~e motion vas seco~ed by ~. Yo~E.a~ u~nimously adopted. E~IONS: ~. T. Howard Boye~ ~airm~ of ~e Roa~ke City Electoral Board havin~ heretofore submitted a ~ltten request that the votin~ place In the Garden City P~ecinct be moved ff~om the p~esent tempor~y fl~e h~e to the new elementary school bulldin~s a~ ~te~ requestin~ that t~ Elector~ ~ard be ~ranted the privilege of establishl~ the votinE place ~o~ the ~llll~on Road ~ecinct No. a at any point frontl~ on ~e vest side of ~llll~on ~oad, between Llberty~oad ~d Huntl~ton ~ouleva~d~ at vhi~ time Council deffer~ed action on the requests ~ln~ ffu~the~ l~o~stion From the Electoral Board as ~ the p~sed location of the new votl~ place flop the ~llll~son Road P~ecinct No. P~ the mtte~ was aEain before the body. ~e City Clerk advisin~ Council ~at Hr. ~ye~ has asked that his .request In connection with the ~lllim~on Road Precinct No. ~ be withd~s~ since the has been unable to obtain a bette~ votl~ place, and that o~y the request in co~ect ion ~lth the G~den City Frecinct be ~r~ted~ H~. h'oody moved that Council concu~ In the request off ~. Boye~ and offend the ffollowin~ e~r~ency O~dinance as prepared by th C~ty Attor~y~ (~11761) AN 08DINANCIt to ~aend and reordsin Sec. 5~, ¥otin~ Place in Oardan City Precinct, o~ Chspte~ 1~ o~ the Code of the CAt) o~ Roanoke, Yir~inia~ as relatl~ to Frecincts ~ Votin~ PlacesJ and decla~l~ an (For ~11 text o~ Ordl~ncem see O~in~ce ~ok No. 1~, Fa~e ~. ~oody ~oved the adopti~ o~ the Ordin~ce. ~e ~tion ess seceded by ~. Hlnton a~ ~opted by the followin~ voter A~S~ Hassle. ~lnton~ ~ald~p~ Wo~y~ You~ ~ the ~resident, ~, ~ebber-~ NAYS: None ............. I~ODU~ION A~ CO~Z~ATION O~ O~DI~N~ ~ B~-S~0~ ~aO~: ~dm~e ~o. 11~1, l~easl~ the T~avel ~ense lt~ 1~ the Ale Follutlon Control Budget from $1~.O0 to $~81,70~ havl~ p~evlously been before Cou~ll for its first readlng~ read and laid over, was again before the Hr. ~o~y offered the follow~Z for 1ts secoM readl~ and fill adoption: (~117~1) A~ O~DI~ECE to ~ a~ ~eordaln Section ~6, Sllr ~ollutlon Control', off the 19~] ~dget O~ln~ce. {Fop full text off Ordl~ce, see Ordin~ce Book No. 19, Pa~e ]0~. ) ~r. ~oody moved the adoption of the O~ln~ce. ~e ~tion was seconded by ~r. You~ a~ ~opted by the follo~l~ vote: i~5: ~esars. ~ody, You~, ~d the President, ~. NAYS: ~essrs. ~lnton a~ h'al~op ............ 6~ CaOSSI~5: ~e Cl~ Attorney having been requested to a~prove the necesa~y ~asure ~r~ting pe~lsslon for the co~tpnction of a sp~r track across Broadway, 5. ~. (ffo~e~iy Bent ~ntain Road), In connection with the request of Richard ~. Trent~ the City Attorney presented ~ Ordinate g~anting the In a discussion of the matter, It was brou~t out that the permit for the cros:l~ &ould ~e granted to the Norfolk a~ ~est~rn Railway Co.any, ~r. ~lnton movlng that the foilo~ln~ Ordinance be placed on its flrst reading. The motion seconded by ~r. ~aldrop and a~pted by ~e following vote: aye: ~essra. ~lnton, ~aldrop, ~o~y, a~ the President, ~. ~ebber ...... NAYS: None ............ O. {~r. Young not voting) {~1176a) AN OSDINA~E granting a pe~lt to ~orFolk & Western Railway to construct a spur track across Broadway, ~. ~. (fo~riy Bent ~untaln Road) a distance of approximately 90 feet. BE IT O~AI~D by the Council of ~e City of ~oanoke that a pe~lt be, and one 1~ hereby, grated to the Norfolk & ~estern RallwayCompany to const~ct a spur track across Broad~y, S. ~. (formeply ~ent ~untaln Road) a distance of approximate 90 feet at a point between Franklin Road,~. ~. and Colonial Avenue, Z. of and approximately p~allelinE the main track of the said Rall~ay Compa~s 5hens Division - ~lnat~n-Salem District, as shown oa said Railway Comp~y~s Plan ~o. 1~ prepped In the office of its Chief ~glneer, Februa~ 9, 19~, a print of ~lch said plan la on file In the Cl~ Clerk's OFfice ~d by this reference made a part hereof; said petit being granted, ho~ever~ upon the following condition: i. ~at In co~t~ctl~ auld track the p~esent grade off Broad~ay, 5. ~. {fo~erly Bent ~ntaln Road) ~1 not be lntepffered ~lth other than as sho~n on ~e ~oreaald Plan No. 1~009 and the tops o~ the ~llz off said track shall be made to co~o~ to said grade~ a~ ~. That the street area occupied ~y the said track shall be paved with the s~e ~teria] as that used on the street a~ the auld track and the street area lyl~ five feet on either side of the center line of said track shall be maintained in ~epair by said Railway Company without cost to the City, and J, That said permit may be revoked by the Council of the City of Roanoke at sr~ t~a upon sixty daye~ notice, in which event the prantee will forthwith remove said tracks and restore that portion of the street occupied by said tracks to the condl~tion as shall then prevail in said street adjacent thereto, The Ordinance having been read, was laid over, AII~ORTt The City Attorney having been requested to prepare tho proper Resolution for a formal Project Application for Federal Aid for certain work at Roanoke Hunicipal Airlift, he presented s~e~ whereupon, !~o Woody offered the follow- lng ss an e~srgency measures (~1176]) A RE~OLTJ~IO~ authorisin~ and directing the City Manager to execute and submit, for and on behalf of the City, a form~ Project Application for of Federal aid for certain work at Roanoke Municipal Airport, (Wo~dru~ Field), con~lsting of tho relocation and renovation of the old Administration Building, access apron at the. relocated building, providing a paved access road to building, providing an additional concrete apron and sealing portions of the runway and taxi-way systeml authorizing and directing the City Attorney to approve said Project Application as to form; authorizing the City Manager to execute and :accept any Grant Offer that may be made pursuant to the aforesaid Project Application, upon approval thereof by tile City Attorney; and providin~ for an em, erg, ency.. Resolution, see Ordinance Book NO. 19, Page 307.) IFor full text of Hr. Woody moved the adoption of the Resolution. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYF~5: Messrs. Mlnton~ Waldrop, Woody, Young, and the President, Hr. Webber--~5. NAYS: None ......... O. STREET VIDENI.~G.' Mr. Richard T. Edwards, Attorney for Mt. Richard M. Trent, having prepared an Ordinance and caused to be prepared a map showing new subdivision of parts of Blocks 3 and h, and all of Block 5 of the C. M. Turner Map, ~hich map shows i dedication of certain land for public street purposes, and the City Attorney having i approved the form of Ordinance, the Ordinance was presented to Council: whereupon, Mr. Young offered the following as an emergency measure: (#1176~) AN ORDINANCE providing for the dedication of certain land for publi~ street purposes and providing for an emergency. (For full text of Ordinance, see Ordinance ~ook No. 19, Page 308.) Hr. Young moved the adoption of the Ordinance. The motion was seconded by Hr. Woody and adopted by the following vote: AYES: Messrs. Minton, Waldrop, Woody, Young, and the President, Hr. Webber-5 NAYS: None ........... O. STREETS AND ALLEYS: Mr. Tom Stockton Fox, Attorney, having prepared an Ordinance vacating, discontinuing and closing a portion of Rorer Avenue, S. W., and the alleys within Blocks ~ and hS, as sho~n on the maps of West End Land Company, Rlverview Land and Manufacturing Company, m~d West End Land Company, which street ar~ alleys are bounded on the west by the Boulevard, on the north by West Avenue, on the east by Twenty-first Street and on the south by Patterson Avenue, the matter was before Council. l'31 In · discussion of the proponsl~ it wan ·greed that since Hr. Pox could not bs present for the meeting, and that certain additional info.etlon is needed before Council should consider the question, Hr. Young moved that the mtter be carried to the next regule~ meeting of the body. The motion was seconded by and unanimously adopted. MOTIONS ll~ MISCELLAlfFOUS SEWERS: Hr. Cecil Simmons who resides on bunset Avenue, N. E., appeared Council and requested that he be relieved of havlns to install e septic tank to serve his property since he ia not ffinancially able to have the tank constructed and there is no sewer line available to serve hie property, advising that at prssen he has only an outdoor pit type toilet but has been advised by the city that he have to put in toilet Facilities and proper septic tank. The matter uae referred to the City Manager to work out a solution to the STREETS ~ND ~r,L?fS: Hr. Waldrop presented a petition signed by twentyonl~e ,roperty o~ners and tenants living on Bo~men Street, N. W., west of Willie~son Road requesting some relief From the unsatisfactor~y condition and maintenance of the street, and asking that the street be hard surfaced or oiled. Mr. Waldrop moved that the request be referred to the City Hen·gar to study and report back to Council. The motion was seconded by Hr. Hlnton end unanimously adopted.. WATER DEPART~NT: Council having had under advisement ~nd study the question iiof amending Section 27 relating to Water Pressure at Heter, of the ~ules and i!Regulatlons for the operation of the Water Department, the matter was again before the body.. , Hr. Woody moved that Council discuss the question further with Hr. C. E. [l~oore, ngineer in Charge of Construction, who was present, and that the City Attorn, ibe requested to draft the proper measure to amend the Ordinance for the next regular meeting of Council. The motion was seconded by Mr. Young and adopted, Hr. Minton voting against the motion. There being no further business, Council adjourned. APPROVED A~ ~ ~esident CO~NCIL~ RE6ULIR ~orSiays April 1~ The Council of the City of Roanoke met in regular meeting in the Circuit Cotwt Room in the ~unicipal Building, Hondsy, April 1}, 19~3s et ~g00 o~clocks p. the regular meeting hour, with the President, ~o Webber, p~eeidlng. l~ESEh~g Messrs. Hinton~ ~al~op~ ~o~y~ Yours ~d the P~esident~ ~SE~ None ............ ~e~ S. City Attorney~ a~ ~. Har~ ~. Yates~ C~ty The ~eting was opened with a praye~ by the ~eve~nd the First Baptist Ch~chs Colored. HI~FS~ Copy of the minutes of t~ reeler meeting ~ld on ~ay, ~avch 30~ 1953, havl~ been furnished each me~e~ of Council, upon ~tion of Hr. Young, seconded .by ~. ~lnton ~d un~lmously adopted, ~e.readl~ was dispensed with a~ the m~nuteS ~ING OF C~ITENS UPON ~UBLIC STADIU~-PA~K~ A~D PLAYOROUI~S-WAT~ DEPAHT~ Pursuit to ~tice of advert se- merit f~r bids for ~e privilege of operatl~ coDcessions at Victory Stadium~ Washing~on .Park, Carvins Cove, or ~ill Hountain Zoo and Rockledge I~ said bids to be received by the City Purchasing Agent until R~OO o'clock, p. m., ~o~ay, April 13, 1953, and ~to be opened before the Cou~ll of the City of Hoanoke at that hour, the Fresident~ ;Hr. ~ebber~ asked If there was any~e present ~o did not fully u~erstand the advertisement, If there was ~yone present ~o had been denied the privilege of bldd lng, If there were any questions anyone ~uld like to ask~ and mo one present raising a~ question~ the President instructed the Clerk to proceed with the opening of the two ~bids received for Victo~ Stadia, the two bids received for Washington Park~ the 'one bid received for Carvins Cove, the one bid received for the till Mountain Zoo and ~the one bid received for ~e Hill ~untain 7oo ~d Rockledge Inn. The' bids having been opened and publicly read before Council, Hr. Young offered the followi~ Hesolution~ (~1176~) A ~ESOL~ION referring bids for the privileie of operating concessi~ns at Victory Stadium, ~ashington Park, Carvlns, Cove, Mill Hounta~n Zoo a~ Hockledge I~, reapecttv.ely, to a co~lttee composed of ~. ~thur S. ~ens, City Han~er, Hr. ~. P. Hoss~ Purchasl~ Agent~ ~. Handolph G. ~lttle, City Attorney, a~ ~r. Hobert P. Bunter, Director of the Department of Parks ~d Recreation, for tabulation,'r~por and reco~e~ation to the Cou~il of the City of Ro~oke at its next ~lar meetl~ Monday, April 20, 1953. (For full text of Hesolution, see Ordin~ce Book Hr. Young ~ved the adoption of the Resolution. The motion was seconde5 Mr. Hlnton and adopted ~ the following vote= A~S: Hessrs. H~nton, Wald~p~ Woody~ You~, a~ the President, ~. ~eb~r-5 NAYS~ None ........... O. C~I~-J~ENI~ A~ DO}~IC R~ATIONS COURT~ ~. E. Oriff~th DodsuD, Jr., representl~Hr. Jack Johnson, 530 ~utherfo~ Avenue, N. W., appeared befo~ C~ncil and presented ~e following letter~ ~lpril 13, 19~3 To the ~syor'and the Nembara of Council Roanoke, ¥irginia Oantle~ent Council ia respectfully requested to make an appropriation For the relief of Jack Johnson and his family, all citizens of Roanoke, ~1o have bee the victims of a grave injustice caused by an unfortur~te mistaks In ldentit made b7 a city employee. ~e facts of the case, b~[efly' ~tated are as fo~lo~sl Jack ~, ~lv[~.at~]0 Rutherford Avenue[ N~ ~., ~as sent a~ay ~y t~e ; ~Yenlle ~d ~o~estlc ~elat[on~ Court to ~[ · ate~ a penal fa~ ~n Bland County~ ~ithout have. had a t~al a~ Forced to serve a~xty days of a sentence that had been ~posed on another man. Johnson had been a~reated on ~a~a~ llth upon the co.plaint of hie ~[Fe, a~ ~e case ~as orl~allz sc~duled to be hea~ the next day, ~ay, ~a~a~y l~th. The case, ho~eve~, ~as co~tl~ed a ~eek*-unt[l.~anua~ 19th--a~ Callie ~oh~on, ~ appeared on the l~th, so advised of ~e postponement. ~en she retur~d o~ the l~th, she learned that he~ husband had already Been co~ltted~ ~d fh~s she could not fo~ she ~as the o~y complainln~ ~ltness. Apparently ~ls Is ~hat had happe~d: 0n ~onday, January 1)th, the of Jack Johnson were sent to the Juvenile a~ Do~stic ~elations Court alo~ v~ others= anothe~ man ~as t~led that date o~ the s~e charge and sentenced to nifty days a~ received a ~5.00 fine~ a mistake was made In fillinF out the papers of Jack Johnson fo~ ~e man ~o hsd been ~lven the ninety day sente~e~ and Johnson served sixty days of this sentence--without a t~lal. Callie Johnson, the mothe~ of four children under ten, was seriously handicapped financially ~the lack of any =up~o~t fr~her husba~. Unable to obtain he~ husb~d~s release, ~he ~s soon In necessitous circumst~ces and contacted the Roanoke Welfare Department o~ o~ about January ~&th. 0n ~arch R~. she was ~ven a free grocery list ~ coal rom a week's period ~ich was duplicated on Hatch 9th. ~ri~ the period of her husband's illegal imp~lso~ent, the family was without coal o~ heat for days at a time, and adequate food was not available. Callie Johnson worked, but ~h of her earni~s were t~en up in payin~ a baby sitter to care for the Four children, Zhe had to borrow money, and fo~ the flr~t time ~n her life found It ~cessa] to seek public assistance. It should be stated that Callie Johnson had had previous trouble with he~ husband; he had been before the Juvenile mad Do~stic ~elstions Court on several occasions~ al~ou~h he had never actually served any time and this ~a~ hl~ first misco~uct for a~ut a year. We ~u~tt that in Justice s~ ~ood conscience this f~ily ~s entitled to receive the equivalent o~ whet thel~ breadwinne~ ~uld have e~rned From the period Ja~y 19th to ~arch ~n< had he not been unlaw~lly imprisoned. As he ~as makin~ ~0.00 a week at Li~ey-~obl~on at the t~e. we feel ~at tht= Is a fair basis for dete~ln- ln~ repa~atlons. Po~ the six weeks~ period the total amount ~ould come to ~O.O0. It ~s to be observed ~at ~e full peri~ off his ~lle~al is not included: ~. e., ~th~ Is ~ou~ht for the period from Janua~7 llth-- Janua~ 19th. a ~easonable allow~ce fo~ hl~ otfenseI and from ~ch ~nd to the date of his release, as the fmmil7 from ~at date ~as receivin~ help the Welfare Department. No claim fo~ d~a~es as such Is In ~ie~ of all the circu~t~ces, the~fore, we feel that this claim more than reasonable and ~Duld provide parti~ compe~ation at least fo~ the grave in~st[ce which was bmouFht about b7 the mistake of a c~ty employee. %le u~e your sincere consideration of t~s ~tte~ and stud read~ t o explain ~ ~reater detail the c~rcumstances of the case. Slnce~el7 you=s~ (~lF~) Dodson & Pence" In ~ls connection. ~. Dodson advised t~t ~is was an er~ a~ that of this t~e have been made before In othe~ places In the state, statl~ that even though the state or a municipality may ~t be tec~lc~l7 liable, tn a ~ber of c~ses the state has reimbursed f~llies' o~ i~ividuals~ a~ repasted the body to pay ~. Johnson and his fmmily %PhO.O0 coverln~ s~x weeks of the sixty days Jonson was co~lned. ~inta~ln~ that the city Is mo~ally obligated. ~ter a dl~cusslon of the matte~. ~. Woody voiced the opinion that Council ~hould study the ~equest. ~d ~ved that a copy of the lette~ be sent to Judge K. A, Pate of the Juvenile and Do.eric Eelations Court a~ that he be ~quested to be present at ~e ~xt re~la~ meeti~ of ~e body to explain the facts tn the caseI also, that the matter be referred to the City At~rney fo~ an opinion as to ~hethe~ or not the cl~ should compe~ate ~. Johnson. The motion was seco~ed by ~aldrop ~d un~mously adopted. 135 PETITIONS AI~D COH~INICA?IONSt STREET LI6HTS~ A communication f~om the Appalachian Electric Power Company settinF forth the locatio~ of street lights installed and removed durl~ the month of Hatch, 19~ ~as beffore Council. ~e ~nication ~ss filed. STR~ LIG~SI A petition f~m the residents of the 1~0 block of Thirty- fifth Street, S. ~., requestl~that a street light be installed near the south e~ of the block, vas before C~ncll. On ~tion o~ ~. Hlnton~ aeco~ed by ~. ~aldrop a~ unanimously adopted, t~ request vas ~efe~red to the City Ha~e~r study~ r~o:t and recom~ndatton STR~S ~D .~L~S: The followl~ co~unication from ~. Ralph A. Attorney~ with reference ~ exte~lnF Ro~oke Avenue~ S. H.~ was before Councll~ "April 3, 19~3 City Council Roanoke, Virginia ~. Ellis A. ~sselman and myself own p~Ferty hsvinF offlcisl numbe~ Said property is ~u~ed by Norfolk a~ ~estern Ballvay, Virginian Rall~y, Boa~ke River a~ Roanoke Avenue, S. W. Roanoke Avenue, ~. W., according to m~ runs from Hemorlal Bridge in a westerly dire~tion crossir~ the Virginian Railw~ ~d ends at ~oanoke ~iver.] Actually Roanoke Avenue has never been opened up from east side of V"r~lnian'[ ~allroad to Boa~ke ~lver. ~r. ~usselman and ~self would like for ~e Virginian Railroad to fix It so a car c~ cross its tracks on ~oan~ke Ave~e. ~e ~ove Is necess~y if ~. M~selman a~ ~self are to develop our property. Trusting that you ~11 refer this request to proper parties to see the above can be accomplished, ~ remain Ve~ truly yours, (Signed) Ralph A. Glasgow" After a discussion of the request, Mr. Waldrop moved that the City Hana~er furnish Council with a cost estimate to exte~ the street acmss the tracks of the Virginian Rsil~y Co~any; ~lso, that the request be referred to the Plsnnlag Co~lssion for study, report a~ reco~e~ation as to whether or not the street should be exte~ed. The motion was seco~ed by Hr. ~lnton and unanimously adopted. STRE~S A~ A~S: The City Plannlng Co~lssloa havt~ prevl~sly reco~e~ that the ~equest of ~. Hoss A. Plu~ett, Attomey, representing Club View Corporati~n, permanently to vacate, discont~ue and close certain avenues, streets a~ alleys Bo~ed on the north by the le~ of the Norfolk and Western Railway Com~y, on the east ~y the ~oulevard, S. ~., on the sou~by Patterson Avenue, S. W., a~ on the we~t by the road ad~oinlng the land of the Norfolk and Western Railway Comp~y~ be grante the following petition was before C~ncll: IN T~ COUNCIL~ THE CITY O~ ~0ANOKE. IN RE: Application'to the Council fo~ the City of Roanoke, Virginia, to vacate the followin~ avenues, streets a~alleys In the a~ea ~u~ed on the north ~ the land of the Norfolk & Western Railway Company~ on the east by the ~uleva~d, S. W., on the south by Patterson Ave~ 5. W., a~ on the vest ~ the north-and-south road ad~oinln~ the p~operty of the Norfolk a~ ~estern Railway Company, ~ shown on the ~p of the We~t End a~ River View Land & Hanufactu~inF Company, dated February, 1890, a~ of record In the Roanoke Clt~ E~tnee~'s Office as Map No. ~O8, a~ ss shown on the Official Survey Hap of the City of Roamke, i36 West Avenue, So W., between the ~oulevard and the north-and-south road adjoining the property of the Rorfolk and Western Railway Co~pany, Rorer Avmue, S, W,, between the Boulevard and Weet Avenue, ~Pnd Street, S. W., with the exception of the southerly 150 fe~t, 23~d Street, S. W., with the exception of the sontherly 150 feet, Alley ~unning east and west through Block 53, between 22nd and 23rd Streetes S. W.~ Alley (or alleys) runnir~ n~rth and 4outh throut~h Block 51~ between Rorer and Patterson Avenues, S. Alley ru~ning east and west through Block 51, east of 22nd Street, S. Alley running north and south throu£h Block 56, between Rorer and Patterson Avenuee~ S. W., with the exception o£ the southerly feet. ~e undersigned, the owner of all of the lots or parcels of land wi:hit the herelnabove mentioned boundary, with the exception of Lots 9 to 16, bot~ inclusive, Section ~4, and Lots 9 to 12, both inclusive, Bec:ion 56, hereby p~titions the Council of the City o£ Roanoke, Virginia, to permanently vacat the portions of said Avenuess Streets and alleys hereinabove mentioned, as provided by Section 1~-766 of the 1950Code ofVirginia, as amended, and herewith fllee an affidavit, marked Exhibit A, showing that proper legal notice of this application has been duly and legally posted as required by law. Yonr petitioner requestsl {1) That thr~e viewers be appointed to view the above described portio~ of the avenues, streets and alleys sought to be vacated, and to report, in writin~ as required by law. (2) That, if and when said portions of acid avenues, streets end alleys are foraelly vacated, the order providing for the same ehell direct the persons to mark upon any and all r. lats showine said avenues, streets end' alleys which may be of reco~d in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, and in the office of the Engineer of the City of Roanoke, Virginia, 'vacated', as to said portions of said avenues, streets and alleys. Respectfully submitted, CLUB VIEW CORPORATION, . (Signed) BY Moss A. Plunker: lts Attorney." In this connection, Hr. Plunkett appeared before Council and presented a Resolution as approved by. the City Attorney, providing for the appointment of ~ewer~ whereupon, Mr. Waldrop offered the following: (#11766) A I~ESOLUTION providing for the appointment of thre; freeholders as viewers in connection with the application or petition of Club View Corporation to vacate the following avenues, streets and alleys in the area bounded on the north by the land of the Norfolk and Western Railway Company, on the east by the Boulevard, S. W., on the south b? Patterson Avenue, $. W., and on the west by the north-and-south road adjoining the property of the Rorfolk and Western Railway Company, a s shown on the map of the West End and River View Land and Manufacturing Co~pany, dated 1890, and of record in the Roanoke City Engineer's Office as Map No. 2508, and as shown on. the Official Survey Map of the City of Roanoke, ¥ircinta: West Avenue, S. W., between the Eoulevard and thenorth-and-south road adjoining the property of the Rorfolk and Western Railway Company. Rorer Avenue, S. W., between the Boulevard and West Avenue. 22nd Street, S. W., with the exception of the southerly 150 feet. 23rd Street, S. W., with the exception of the southerly 150 feet. Alley runnin6 east and west through Block 53, between 22nd and 23rd Streets, Alley (or alleys) running north&south through Block 51, between Rorer and Patterson Avenues, $. W. Alley running north and .~outh through Block 56, between Rorer and Patterson Avenues, S. W., with the exception of the southerly 150 feet. provided by Section 15-766 of the 1950 Code of Virginia, as emended. (For full text of Resolution, see Ordinance Book No. 19, Page 311.) Mr. Waldrop moved the adoption of the Resolution. The motion was seconded Youn~ and adopted by the following vote: AYES: Messrs. Minton, Waldrop, Woody, Yourke,, and the President, Hr. Webber-5. NAYS: None .......... O. After a further dl!cusston of the m~tter, Mr. Waldrop moved that the City Clerk be instructed to publish proper notice of a p~blic hearing on the request for t37 closing and vacatin~ the streets and alleys~ to be held at P~OO olclock~ p, m,~ Hay 4, 1953, The motion was seconded by ~r. Young and unanimously adopted, REPORTS OF OFFICER3~ STREETS ~ A~S~ The City Hana~e~ havl~ ~en requested to look into possibility oF removin~ the lsla~ In the center of Helrose Avers, N,W,, west oF Lafayette Boulevards he submitted ~e ffollowl~ ~Roanoke, To The City Council Roanoke, Gentle~en~ You referred to ~ the suggestion oF Co~cllman Hlnton that the lsla~ in ~e cente~ of the street at the Junction oF Helrose Avenue a~ Ltfayette Boulevard be removed, ~e have l~estiFated the p~posal ve~ ca~ff~lly a~ are oF the opinion that a portion off tho ~l~d should be removed; however, a section should rcmain as.a safety ~acto~ In o~der to prevent i~lsc~lml~at~ entry From LaFayette ~oulevard or Ha~ove~ Avenue into Hel~se Avers by vehicles. ~ Dlrecto~ oF Public ~o~ks has advised me that the ~rk ~ill be accomplished so~etl-e dv~!~ this year a~ soon ss o~r present co~ltments have bee~ met, Re~pect~lly ~Si~ned) Arth~ ~. ~en~ City Man~er" Afte~ a d~scuss~on of the ma~te~, M~. M~n%on atm~ed ~ha% he fel~ %he island should be ~emoved oD ~hm~ ~% should ~e narrowed down on both the no~h a~ south sfdes ~d ~ggested that the matter be ~eferred back ~ the City Manager for further study a~ consideration, ~e~e ~l~ no ob]ectf~s the mat%er was Pefer~ed ~bmck to the C~ty Man~eP. T~IC SIGNAl: The C~ty Manager presented the f011ow~g report ~n connection with a proposal to p~v~de an adequate electronic control on street tr~ffc lights and emergency vehicles: "Roanoke, April 13, 1953 To TheClty'Council Roanoke, Gentlemen: I ~ attach~ hereto the following pmoposal by a f[~ to p~ovlde on sup various trifle l~ghts and emergency vehicles an adequate electronic whAch will enable sup vehicles to move with safety, rapidity, and mtnt~ ~nconvenlence to the ~eneral public: 'I~DEPART~ CO~NICATION CO~NICATI~NS DIVISION POLICE DEP~T~ C~Y ~ Apr~l 13, 1953 To: ~. Arthu~ S. ~ens, City Manger. ~0~: Mr. J~es D. S~, Chief Go~cat~ons SU~CT: ~ergency fla~lng of ~raff~c s Dear In compl~ce wl~h y~r ~nstruct~ons ~o ~nvest~ge%e and report, I w~h ~o suSm~t %he follow~ as ~ ~olut~on to ~he ha~cap ~hat has beem ~mposed by ~e prohibition placed on the ru~ of red ~raf~c l~ghts by e~rgencF police and fire ~eh~cles. From a tactical st~o~nt, ~he rul~ of our C~y Attorney, JudEa ~%~tle, "that an e~rge~ vehicle employing an audible s~Knal can de.nd ~he r~ght of way et a s~n~l~zed ~ntersec~on, provided %he s~gn~ls are ~ashing am~er on .11 approaches", s~lifies ~he problem %o one of~ flashing ~he s~gnals at appropriate t~es. The~e are several ways for remotely flash~ %r fflc signals. is a noel function of an inter-connected sfgn~ system such as i~ta][ed flashing of unnecessary signals and result in lees confusion to vehicul and pedestrian traffic. The respect that the average motorist has for the flashing emergency signal should increase. It is obvious that flasher operation of traffic signals by means o control wires and cables has certain limitations. This is a practical solution when the pattern for emergency movement can be predetermined in highly congested areas ar~ where signalized intersections are locate in close proximity to each other. The chief disadvantages are the lack of flexibility and the high cost of wiring in remotely located signal installations, These disadvantages can be overcome if an entirely different appro ia taken to the problem. ~y not incorporate some means by which the emergency vehicle can exercise flasher control over the individual intersection as it is approached? With this thought in mind, experiments were conducted at the intersection of Elm Avenue and Jefferson Street late last year. An electronic device commonly employed to open garage doors by "wireless" control was used in these tests. The results were gratifying. The basic principle is good. The limlted range of tbAs device (kO feet) precluded further consideration. The device operated in this manner -- The operator of the emergen vehicle closes a switch on the dash board. This in turn actuates a transmitter mounted in the motor compartment under the hood. This devli emits an inductive radio frequency field. This field surrounds the vehicle for same distance. Upon coming into range, this signal causes a receiver unit located in the traffic signal controller housing, to function and close a relay which sets the signals on flash. Flashlng operation continues until the ~hicle moves otlt of range or the switch in the dash is opened. The A. H. P. Products, Incorporated, of C~lcago, manueecturers of electronic equipment which includes the garage door opening device, were contacted on the possibility of adapting tbls device for municipal service. This concern recently sent two representatives to Roanoke to discuss the matter. During this conference, certain conclusions were reached as to the qualities of such a device. Some of these conclusions are: (a) The device should be reasonably Inexpensive. (b) Quality standard parts, materials, and workmsnshlp should be used to ensure lon~ life and dependability. (c) Units should be rugged for continuous operation. (d) Simplicity shall be the rule to ease maintenance problems. (e) Operating range shall be greater than 200 feet but not over 500 feet. (f) The final device shall operate similar to the garage door opening device. (g) The device shall be acceptable to licensing by the Federal Com~unicationa gem-mission. (h) The equipment shall be compact enough to fit into the average traffic signal controller cabinet, elimlnatinF any out-board mountings. (l) Electrical power consumption to be negligible. (J) Features to be incorporated to prevent operation by the genera public or extraneous radio signals. (k) Signal transfer equipment to include relays should be provided by the manufacturers of the traffic signal equipment. (1) The device will be made available to municipalities only when marketed. On April the 9th, I called Mr. Dick Goldstein of the A. R. P. Products, Incorporated, to determine the status of development. His report is very encouraging. A working model of the new device will be forwarded with!n ]0 days for test purposes. He has calculated costs sn submitted top estimates. Vehicle actuating units will not exceed Signal receiving units will nat exceed ~200.OO. A confirming letter will follow with full details. In addition to these figures, I would like to point out that an addltional cost of i25.00 per intersection will have to be included for signal modification. The following estimates of cost are furnimhed if you desire to go further into this proposal: (A) l~erge~cy vehicle actuatin~ unite~ (a) Police Department 20 § $?S.O0 $1~00.00 (b) Fire Department 23 ~ ~?S.OO 172~.O0 (c) Spare Units 2 ~ ~?~.00 1~0.00 (R) Traffic signal receiving uniter (a) Downtown system 27 intersections O $200.00 ' $~00.00' (b) Outlyingintereectiona 30 ~ntersections @ ~0Oo00 6000.00 (C) Conversion equipment ~7 Intersections ~ ~2~.00 $12~.co Total, ................ Respectfully yours (Signed) James D. Sink Chief Co~x~unications Officer.' This proposal will provide automatic changing of the light as the veh!cle approaches to a caution signal ~hich is in compliance with the State Law. Obviously, the emergency vehicle (police and £1re) would be sounding clearly audible signal as it approaches the intersection. Since no provision was made in this year~s budget for such improvementsI I suggest that you file the matter for future reference based on the followi:~ t~ assumptions: 1. Funds may be found in the 19~ Budget. 2. The General Assenbly may provide la,unity to vehicles of this type. I thought you should be aware of the fact that the problem can be solved on a local level rather than by State Law. Respectfully submitted, (Signed) Arthur S. Owens City Hanager~ After a discussion of the matter, the City Manager advised that he would send each Councilman a copy of the proposal; whereupon, Mr. Young moved that the matter be taken under advisement and that the City Hanager furnish copies of the proposal to the Council members. The motion was eeconded by Mr. Minton and unanimou~ly adopted. STREETS ~ND ALLEYS: A petition from the property owners on Bowman Street, R. W., requestin~ that their street be hardsurfaced or glven some oil treatment, having previously bee referred to the City Manager, he submitted the following report: "Roanoke, Virginia April 13, 1953 To The City Council Roanoke, Virginia Gentlemen: You asked that ! secure sons estimates on drainaFe and street improve- ments on Bowman Street; and I have hsd maps prepared from a field survey Of the street made by our Engineering Department. It will be impossible to nrovide curb and gutter on the street; and I believe we can continue a progra~ of maintenance on this street comparable with others which will provide comfort to thectt lzens. I have the maps available for discuss!on. Respectfully submitted, (Signed) Arthur S. Owens City Manager" In a discussion of the report and the cost for constructing storm drains, etc., Mr. J. H. Woody, 2~18 Bo~auan Street, M. W., and M~. J. I. Muncey, 2717 Bowman Street, N. ~., appeared along with the Reverend P. G. Cosby, III, ~o owns property Bowman Street, N. W., advising that even though the drainage ia a problem and eventually som~thing should be done about it, they are at present only requesting that some relief be given in connection with the maintenance of Bowman Street to keep down the dirt and dust, and urged that.the street be paved or oil treated. M~. Young ~oved that the City Manager have prepared a cost estimmte for applying liquid asphalt treatment to the street fo~ immediate relief and that 1,39 consideration for permanent relief be considered at a later dates The motion was seconded b~ Mr. Woo4y ar~ unanimously adopted, STREETS AND ALLEYS: Th~ City Ha"agar having bean instructed to negotiate ~lth Dr, George R. Lawson in connection with purchasing a small parcel of land at the JunctiOn of Franklin Road an~ Bra. don Ava.~ S. W.~ For street widening purposes, he presented the following_ repor~ "Roanoke, Virginia April 13, 1953 ?~ The City ¢ou~t~ .... Roanoke, Virginia Gentlemen: You referred to me for investigation and report the proposal to widen Franklin Road from the River Bridge to Brandon Road on the west aide. I have presented to you the estimated cost of the proposall and you instructed me to secure from Dr. George B. Lawson a price for the piece of property that Junctions Bra.don Road and Franklin. The property ia 125 square feet with a frontage of ? feet~ 6 inches, Competent appraisers, Fr. R. L. gush and Mr. C. W. Francis, value the property at $500,00; and I have secumed an option of thirty days from Dro Lawson at this price. Funds have been provided in the budget for right-of-way in Account 1~0 page 56; and if Council decides to go ahead with the project, an ordinance should be adopted authorizing the purchaee of the property. (Signed) M~. Young moved that Council concur ! n the that the City Attorney be requested to prepare the the purchase of the land. The motion was seconded adopted. Respectfully submitted, Arthur S. Owens City Manager" report of the City Manager and necessary Ordinance providing fo by Mr. Waldrop and unanimously DF3ART~ENT O? PUBLIC ,~BL~RE: The request of take some steps to assure restoration of his Old Age referred to the City Manager to investigate, he presented the following additional co,~uunication from the Director of the Welfare Department: "April 8, 1953 M~. Arthur ~. Owens City Manager Municlpal Building Roanoke, Virginia Dear Mr. Owens: This letter is relative to the case of Mr. James Lee Ferris, who appeared before Council Monday, April 6. I had previously written you on March 31 in reference to this case. Recently, the State Board has adopted a higher rate of exemptions for chtldr who are liable for the suprort of their parents. In the l!ght of these new figures, Mr. Ferris and his wife will be eliglble for a grant of ~30.60. An] additional support is still supposed to come from his son. Since this case is now under appeal with the State Board, we are so notifying them of our action. The State Board in turn will notify Mr. and Mrs. Ferrls and ask them if they wish to continue with the fair hearin~ or whether they are wtllt to accept this grant, ~hlch will be effective May 1. If Council is'In2erested in thl~ action, you might report to ~hem that t~ls is all that we can do under the present law and we were able to do.this only because the income scale of exem~tions has recently been raised. Respectfully (Signed) J. H. Fallwell Director of Public Welfare" The report mad letter were filed. Mr. J~mes Lee Petrie that Counc Assistance allotment having bee~ DEPARTMENT OF PA~K$ ~D RECREA?ION: The City Hanager presented the communication in connection with the salary of Hr. Rex T. Mitchell, Jr.~ Assistant Director of Parka and Recreation~ "Roanoke, Virginia April 13, To The City Council Roanoke, Virginia Oentlemen~ ~en Mr. Robert P. Hunter returned fro~ the service of our Country, it necessitated reducing considerably the aalery of Mr. Rex T. Mitchell, Jr. I have found that his services are very valuable to the City of Roanoke and I would suggest that we increase the salary of the classification, A~slstant Director of Parks and Recreation, to ~J4200.00 per year. Respectfully submitted, (Signed) Arthur ~. Owens City Manager" In a d~scussion of the matter, it was brought out that Mr. Mitchell had beez paid at the rate of ~,800.00 per annum aa Acting Director of the Department of ~nd Recreation but since the return of Mr. Robsrt P. Hunter, Mr. Mitchell's salary is now on the basis of ~3,~80.O0 as Assistant Director. On motion of Mr. ~oody, seconded by Mr. Minton and unanimously a~opted, the DEPA~T~N? O? P~FKS AND RECREATION: The City Hansger submitted the report in connection wt~h the s~udy being made toward the construction of a "Roanoke, Virg~nia April 13, 1953 To The City Council Roanoke, Virginia Gentlemen: You referred to me at our meeting on August 20, 19~1, in your File ~33-67, a request from the Roanoke Junior Chamber of Com~rce that the City make a study toward the construction of a swimming pool. Subsequent events have placed th~s excellenb organlza~ion in ~he railroad business (miniature) and ! have been advised informally that this proJec~ takes the r~jor time and interest of th~s group. Therefore, I suggea~ that we suspend indefinitel any action toward a swimming pool until some of the major events we are now working on have been co.~pleted. Respectfully submitted, (Signed} Arthur S. Owens City Manager" On motion of Mr. Minton, seconded by Mr. ¥ounE end unanimously adopted, the ~A~ER D~PARTM~..~T: The City Manager su~x~itted a progress report fro~ Mr. Charl Moore, End. inner in Charge of Construction, on Projects ?, 8 and 9 of ~he ~ater Depar~en~ Expansion Program and advised ~hat he would have copies of the repor~ made for each member of Council. The report was filed. STATE HIGHWAYS WITHI~ CITY EINITS: The City Manager havin~ previously been authorized to accept deeds giving and conveying unto the city portions of land required for the p~rpose of widening He~shberger Road within the city; to e~ploy a real estate negotiator to acquire options from owners of such portions of said r~ght, of-way ~s are unwilling to give the lan~ t~ .the city for the sale thereof to the cit2; subsequently to employ appraisers to ascertaln~he fair value of any land, within .es ~, 141 1'42 the right°of-way, that the city may be forced to acquire by eminent do~ain: and to subsequently report progress on the'project to Council, he sut~ltted the follouing ' report fram the Director of PublicWorks~ CITY OP ~OANOEE INTE~DEPARTMENT CO~{UNICA? ION DATEs April 10, 1953 TO: Hr. Ac S. O~ens~ City Manager PROF: Hro H° Co F. royles~ City Engineer Attached hereto is a list of property owners on the south side Of Hershberger Road from Peters Creek Road to Wllliamson Road on ~hich signed option agree- ments have been obtalred. Included in the 1L~t are six property owners who donated their property. The ~otal amount' involved /'or this right of ~ay~ including, land and damages end estimated cost of additional cor~truction work to be done by the Clty~ amount s to There are t~o parcels of property on ~hich we have reached agreement on cost involved, but, as yet~ have not received an executed cony of the option e~reement. The total cost of these two parcels amount to $700. There are three percels as aho~n on the attached list on which an option agreement could not be obtained and ~hich will probably require conde~nation. The following Is recor~ended.' Plrst~ that the options received on properties as set forth in the list be accepted by the City and authorization given to proceed with acquiring the property in fee simple. Second, that the City Manager be given authority to appoint viewers for the three pieces of p~opert~ in question, which probably ~lll result in conde~nation proceedingso It Is estimated that the total cost involved for the right of way on thi-= project ~111 not exceed Approved (Signed) Jno, L. ~ent~orth Director of ~bltc ~crk~~ In thi~ conmct~on, the C[t~ HanaFev presented each member of Council ~ith "ia list of p~evty o~nee~, sho~t~ the co~t of la~, the damage, and the additional estImated fo~ do~ by the city. F~. Younc moved ~at the City Attorney p~ep~e the necess~y measures to ~ac~ire the~e properties and to prepare necessary m~a~uvea to acquire by co~emnatio; [~all p~opevties that can not be otherwise acquired. The mo~ion ~s seconded by ~Hlnton and unanl~ou~1y adopted. POLICE DEPA~Tr!~T-F~E D~-~T~NT~ The City Hamger au~itted ~ltten report on the rest~nat~o~oF ~111f~ La~e~e Cumbie .f~om ~e ~olice Department, effective April 1~, 195~, a~ E1mer Ba~l ~i~ From the Five Dep~tme~t, e~fective H~ch The report ~as filed. FOLICE DEPART~: The ta~lation c~m[ttee ~eport heretofore received [the three automoblle~ for u~e tn the ~ollce Department havlnF been referred back to ~he committee For further study end ~eco~e~atlon, the follo~in~ repe~t ~s before "April 7, 1953 To The City ~ouncil Roanoke, Virginia Centle~en: This is in complier~ce with your directive of March 23, 1953, referring beck to the co~uittee the bide on Police Cars for re-study and recommendation A thorough study of these bide shows that the Magic City Motor Corporation on the Police Cars was the only one that fully met the specifications, Your committee conferred with ~r. E. H. Richardson, Superintendent of the City 6stage and Mr. F. H. Webb, $~perintendent of Police. At this conference it was brought o~t that it w~uld be to the best interest of the City and the Police Dep~a'tment to purchase Fords for Police work, Yours very truly, (Signed) A. S. Owens (Signed) Harry ~. Yates (Sl~ned) R. B. Moss Committee" 143 After a discussion of the report aa to what make of cars would be to the bee advantage of the city ard whether the bide meet the specifications, and it being opinion of Council that the bide should be rejected and the Purchasing A£ent request bide for the automobiles, the specifications to be general and showing, no specif reference to any make of car, I~r. Woody moved that the bide be rejected and offered the following Resolutioni (#11767) A RF~0LUTION rejecting all bids heretofore received on three automobiles for the Police Departmentl directing the Purchasing Agent to request bide on the automobiles; and providing for an emergency. (For full text of Resolution, see Ordinance Rook No. 19, Page Hr. Woody moved the adoptioa Of the Resolution. The motion was seconded by Hr. Htnton and adopted by the following vote~ AYF~C: Hessrs. Ninton, Waldrop, Woody, Young, and the President, Nfo Webber-5 NAYSI None .......... R['PUSE COLLECTION AND DISPOSAL: Bids for fnrnish!ng the city two garbage trulks for the Refuse Collection and Disposal Department having been referred to a cortuittee for ~abulat ion, re~rt and recom~,endation, the committee submitted the following report; "April ?, 1953 To The City Council Roanoke, Virginia Oentlemen~ ~e are handing you herewith tabulation of bids received Anrtl 6, 1953, at ~:00 P. H. and ~pened at Council Heeting. After study of t~ls tabulationl in detail, we wish to recommend the purchase from the Old Dominion Eotors, (low bidder) of two (2) Federal Trucks, !.Iodel No. 290~. Yours very trt, ly, (Signed) Arthur S. Owens (Signed) Harry H. Yates (Signed) Jno. L. Wentworth (Signed) R. B. Hose' Hr. Hlnton moved that Council concur in the reco~i~endation of the committee and offered the following Resolution~ (#1176§) A RE$0LUTION accepting the proposal of Old Dominion Hotor Corpora- tion, Roanoke,.Vlrglnia, on furnishing two garbage t fucks to t he Refuse Collection and Disposal Department of the City of Roancke, at a total sum of ~,537.P2 net, FOB, Roanokes Virginia; a~thorizing end directing the Purchasing Agent to ~urchase the trucks in accordance with said proposal; and prov!d~c for an emergency. (For full text of Resolution, see Ordinance Rook No. 19, Page 313.) Hr. Hlnton moved the adoption of the Resolution. The mutton was seconded by Hr. Young and adopted by the following vote~ AYESI Hessrs. Hinton, Waldrop, Woody, Young, and the President, Hr. Webber-5 NAYS: None ............. O. U~INISRED BUSI~_.SS: HA}I~ FIELD~ The proposal of Roanoke Baseball, Incorporated, that they be permitted to make palnuents on an installment plan as set out in their letter of April 1, 1953, for the balance due for the years 19~1 and 1952, having been t ~ken advisement for one week~ the matter was again before Council. In this connection, the City Hansger presented-the following additional lett from Roanoke Raseball, Incorporated~ Robert P. Hunter, Director Parks and Recreationss City of Hoanoke~ Virginia° Dear ~'. ltunte~z Accordin~to our contract vith the City, our first rent check vas due April 1 for the 19~ season. U~e~ the ~xl~ti~ circ~t~ces, ~e ~11 not be able to ~e this ~a~ent until after the season starts ar~ o~ openin~ ~a~e Is April ~lndly be~ ~lth us ~d ~ rill ~ll you a check on o~ before A~ril ~0 Very t~ly yourss ROA~9~ BA~EBALL~ INC. (Sl~ed) Etta Bo~urant ~lte In a discu~sion of the ~tter, H~. ~oody and Hr. Youn~ advised that they not ~ee ho~ the Failure of aoanoke Baseball~ Inco~orated~ to mke the acco~l~ to thel~ contract c~ be ~u~tiffed ~l~out so~ penalty, Hr. You~ that ~o far as he kno~s all orbed sm~nts due the city each as d~llnquent sea. er a~sess~nt~ a~ curb a~d [utte~ a~es~nt~ are char~ed lnterest~ In a furthe~ discussion, ~he City Attorney advised the body that should the [city bri~ a suit to collect the monle~ ~ due from the baseball club It ~ould be entitled to collec~ interest at the rate of ~lx ps~ cent, atatl~ fu~tbe~ that the ?.club has breached its contract, but that he see~ no reason to fear the city ~lll it~ debt ~hould the club fold ~p~ explaining that ~e c fry ha~ a l~dlord~ lien s~alnst all of the equipment a~ improvements. Afte~ a fuvthe~ discussion of the ~attev, ~. Wo~y moved that a committee cozposed of ~e City Mana~e~, ~e City Attorney a~ the City Auditor be appointed neFotfs%e ~,ith Roa~ke Baseb~l, I~o~orated, the co~ittee to advise the that the city e~ects pa~ent'l~diately of ~e ~500.00 now due a~ payable Apvll 1, 1953; to ~rthe~ neEotfate wfth the club In con~ction with the collection of the tl,635.37 now due for the ~ears 1951 a~ 195Z, ~d to ask the o~e~s of the club fop a personal note with interest st s~x per cent to secure ~e d~bt due the city. ~e motion was seco~ed by M~. Wald~p ~d unanimously adopted. CONS~TION OF CLA~S: None. I~HODU~ION ~ CONSID~ATIO~ 0F 0~DI~EC~ A~ BESOLUTIONS: ZONIngS: Ordinance No. 11760, rezonlnF certain property located on the north side of G~lze~ Avenue, N. E., west of. Second Street, from Ge~val ~ssidence %o ~sinessDistvfct, havi~ previously been before Council fo~ its first ~e~din~, a~ laid over, was a~ain before the body, ~. Waldrop~fevinE the follo~n~ fo~ its ~eco~ ~e~ln~ and fin21 adoption: (~11760) AN ~D!~NCE to amend ,nd veenact Article I, Section 1, of )f the C~e of the Ci%~ of Ho~oke, ViFginia, In ~elmtion to ZoninE. (Fo~ ~11 text of Omdina~e, see 0rdin~ce Book No. 19~ PaEe 309.) ~. Wsl~ moved the adoption of the O~din~ce. ~e motion was seco~ed You~ ~nd adopted by the followfn~ vote~ A~S: Messrs. Minton, Wald~p, ~0ody, YounE, a~ the P~esident, M~. N~S: None .......... O, In this connection~ the City Attorney advised that the city has now obtained option on that portion of the Ycung ~omenee Christian Association property ~hich is needed for street widening purposesm lyin~ adjacent to the lot rszoned, GRADE CROSSING~ Ordinance No, 11~6~ grantl~ ~isslon ~o~ the co~tructi o~ a spur track across ~road~ay~ ~, ~., (for~ly Bent Hountain ~oad) havin~ previously been before Council for Its F~rst re~lnS~ ~ead a~ la~d ove~ ~as a~ain ~Fore the body~ ~. Hlnton offe~l~ the Follo~l~ ffo~ its second read~ ~ ffinal adoption~ (~llT~P) AN O~DI~NCE ~rsntin~ a ~er~t to Norfolk · ~estern Railway to const~ct a ~pu~ track ~cross ~road~ay, S. ~. {for~rly Bent ~ntatn Road) For ~distance off app~oximately 90 feet, (Fo~ ~ull text of Ordinance~ see Ordinance Book No, 1~, ~a~e ~. Htnton ~ved ~e adoption of the ~d~n~ce. ~e m~tion ~as seco~ed by Er, ~o~y and adopted by the rollc~i~ vote~ A~S~ Hasbro. Hlnton, ~ald~p, ~oody~ and the ~re~[dent~ ~, NAYS: None ......... O. (~r. Young not voti~) STR~S A~ A~S: Council havlr~ prev~ously deferred action on an Ordlnanc~ pre~ented by Hr, Tom Stockton ~ox~ Attorney~ representing ~oanokeC~nde~ ~lock Corpo~a- tton, vacatinF, dl$contlnul~ and closing a portion off Rorer Avenue~ S. ~.~ a~ the [alleys ~lthin Blocks ~ a~ 2~, ~est End a~ R~vePvie~ La~ Co~ps~ Haps, ~hich are ~bo~ed on ~e ~est by the ~ulevard, on the north ~ ~est Avenue, once east by ~enty-first Street a~ on the s~uth by Patterson Avenue, the matter ~ss sFain before the body~ ~ere~on, ~p. Hinton moved that the City Clerk ~ubll~h prope~ notice ia public heari~g to be held at P:00 o~clock,.p.m., ~o~ay, Hay ~, 19~, on the ;question of closin~ the street ~d all~s. The motlo~ ~a~ seco~ed by Er. ~oody ~anU ~IC~NSE TAX CODE: The CX~y A~Orney havXr~ prepared ~or CouncXl~s consXdera~on OrdXnance azending ~d reordainl~ Sec~Xon 1~1 o~ The LXce~e Tax Code of ~he o~ Roa~ke rela~ing ~ ~egX~er's E~cense, khe ~dinance was before ~he body~ ~ereupon, Mr. Young offered ~he follow!ns as an emercency measure: {~11769) AN ORDINAN~ ~o ~e~ and reordain ~ec~ion 151 Beg~n~r~s LXcense o~ The L~ce~e T~ Code of ~he City of Roanoke~ and p~ovidX~ for an ~er~ency. (Pot full ~ex~ ~ Ordin~ce, see OrdXn~ce Book No. 19, Pa~e ~. Youn~ moved ~he adop~ion of ~e OrdXn~ce. ~e mo~Xon was seconded by M . M~n~on and adop~ed by ~he follow~g vo~e: 'A~: Messrs. MXn~on, ~aldrop, Woody, Young, a~ ~he PresXden~, Mr. Webber- N~S: None ........... ' WAT~ DEPARTS: The City A~'~orney havXn~ ~en r~ques~ed ~ prepare ~he proner Resolu~Xon ~endln~ and ree~c~ Sec~Xon No. P7 ~ ~he Rulea a~d for ~he Opera~Xon o~ ~he We~em Dependent, rela~X~ ~o Pressure a~ Me~er, he presen~ s~v~e~ whereupon, Mr. Wo~y o~fered ~he followX~ (~llyyO} A REBOL~ION ~o ~e~ a~ reenac~ ~ec~Xon No. 27, rela~Xn~ Pressure a~ Me,er, dest~na~ed as Rule 27 o~ a Resolution adopted by ~he CouncX1 CX~y of Roanoke, VlrgXnXa, on ~he ll~ day o~ July~ 1938, No. ~62y~ en~Xtled, "A Resolution ~op~ing ~les ~d ~e~la~Xons ~or ~he o~ra~Xon of ~he Wa~er Depar~en~ f ~he OX~y of Roanoke, ~d adop~Xng a ra~e schedule for ~he ~urnXshXn~ o~er (Fo~ full text of ~esolut~on, see O~dln~ce Book No. 19, ~aEe ' 146 H~. Woody m~ved the adoption of the Resolution. The motion was seconded by Hi-. Youn~ and adopted by the £ollowing voter A~F.5: Hessra. ~o~y~ You~ and the President, Hr. Webbe~ ...... RAYS: ~ese~s. Hlnton a~ Wald~p ...... ~ ....... PARK~ $.~ PL~GR~S: The City Attor~y havinS been ~equeated to prepare Ordinance p~vidl~ fo~ a public perk ne~ Hollins Road, N, E.~ usl~ the lands of the Johns~-Carpe~ ~niture Company as outlined In a lette~ f~m ~. Don L. JoVan dated Hs~h ~0~ 19~]~ the City Attorney presented t~ OrdinsnceI whereu~on~ the President, ~. ~ebbe~ a~ked ~ethe~ or not the Pl~i~ Co~ls~ion has made its reco~e~atlon in co~ection ~th the project a~ bein~ advised that the report has ~t bee~ received~ the matter was carried ove~ until s~ch time as th~ Flannin~ Comisslon report viii be before the b~y. P~ ~ F~YG~OU~S-V~ANS HOUS~O~ ~e City Attorney hsvi~ b~en ~eq~ to p~pare an Ordinance lnco~oratl~ a part off the land of the Almshouse psrtic~y the aba~oned Veterans Hou~l~ Project ~lte on Colonial Avenue~ ~. ~.~ to the city's park ~ysten ss an addition to Flsh~n F~k~ he presented s~e; whereu ~. ~aldrop moved that the rollo~In~ Ordinance ~ p~aced upon lt~ first m~tion wa~ ~eco~cd by Hr. %'oody and adopted ~ the follo~t vote~ A~S~ Hesse,. Hlnton, ~aldmp~ ~o~ Y~n~, s~ the President, ~. N~S: None ............. (~11771) AN ~DINA~E Inco~o~atln~ approxiaately 8h.~ sc~s of the Alashous ;;Fara, o~ned by the city~ into the city's Park Sy~t~ ~d addinF ~e same to and it a part of the adjacent Ftshburn ~E IT O~AI~ by the Council of the City of Roamke thtt the following described re~l estate, owned by the City of Roanoke and situated in the said ibe, a~8 ,h~ sm~e Is hereby incorporated into and made a pa~t of the city's Park Systea as an addition to ~e ctty~ adjoining Pl~h~rn P~k, viz.: FEGI~ING at a concrete monuaent on the south line of Br~mbleton Avenue; S. ~. (U. S. Route N~. ~21) located at the intersection of ~mae with th~ City of Moanoke ~.9~ acre tract kno~ as Plshburn Pa~k, and also co~o~ co~ne~ with the City of Roaoke 1~6.0 acre tract kno~ am the A~house Fats; the~e with the prement south line of B~aableton Avenue to s point on ~e west line of Overland Road, S. W., (60 Feet wide) dedicated by the C~ty of Roanoke by Map No. 1~64-E, dated Septe~er 19~?, on file In the Office of the City E~ineer, a~ refe~ed to in . Deed Book 7~3, p~e 368, in the Clerk~ Office of the Hu~tl~sCourt the ~lty of ~oanokel t~e ~lth the present west line of Overl~M as heretofore established, to a point on the present no~th line of Colo~al Ave~e {~0 feet wide); thence with the pre~ent north line of Colonial Avenue (fome~ly Bent Mountain ~oad, S. W.) to a point in the line of the Alehouse Fa~ tractI thence with s~e N. 4~ 17' W. feet to a point; thence ~. ~6e ~2~ ~. 9PO.M feet: ~ence N. 6~e py~ 400.0 Feet to a point lnthe sou~ ~undary line of the City of ~oanoke tract known as Plshburn P~k; thence with ~e lines of sa~e N. 13~ E. 511.0 feet-, thence S. 58" 22~ E. 1,1..2~. feet, and N. ~ 51~ E. feet to the plmce of BEGINNI~G, contalnlng 84.2 acres, more or less. It being the intent of this ordln~ce to cover all the land now o~ed by the C~ty of ~o~noke, V1rginla, bounded on the east by OvePland Read on the south by Co!onfal Avem~e, on the west by the W. h. Ha~t ~d on the ~rth by the City of Roanoke property known as and by Brambleton Avenue. The Ordinance havinE been regd, ~ms laid over. STR~S A~ ~S: The City Attorney having been requested to prepare the necessa~ ~easure pe~Ittfng the city ~ acquire certain real estate In co~ection with the wldeni~ of Bullitt Avenue, S. W., he presegted s~e; ~ereupon, Mr. Young offered the following ~s an emergency meas~e: -. t47 (~11772) A~ ORDINANCE conditionally authorizinF and dlrectin6 the City Hsns~er, for and on behal£ of the city, to accept the follovtn~ options heretofore Ersnted the city, viz.: an option from the Plrst National Fxchan~s Bank of Hoanoke, Trustee, dated January 1. 19~3, and an option from Lee Keedick, et ox., dated Hatch 26~ 19~3, each permittin~ the city to acquire certafn real estate described in s aid options for use in connection with the proposed videnin~ of Bullitt Avenue. betveen Jefferson and PSrst Streets, S. W.I and providing for an emergency° (For full text of Ordinance,~ee Ordinance Book No. 19, Page liS.) Hr. Ycun~ moved the adoption of the Ordinance. The motion vas seconded by Mro ~oody and adopted by the following vote= AYr~5: Hessrs. Hlnton. ~ldrop, Woody. Young~ and the President. Hr. ~ebbero . NAYS: None ............. O. SEWERS: Council herin6 previously authorized the construction of sanitary sewers In the Washin~ton nelFhts area, to~ether vith the docketing of estimated assessments therefor afainst affected landowners in the office of the Clerk of the Courts, the City Clerk advised that construction of the sanitary sewers has been [completed; whereupon, Mr. Hlnton offered the ~ollowinz Resolution creatin~ a Board 'to hold public heari rFs on the question of fixlru the f!nal assessments smd to make the final assessments: (#11773) A BF~0LUTION crestin~, a Board authorized ar~ directed to hold publl he arlngs on the question of fixity, final assess.,~nts, and to make final scsessments !against abutting property owners by reason of the construction of sanitary sewers authorized by Nesolutlon No° 10080, adopted on the llth day of July, 19~9, and provldi.~g for an emergency. I . (For full text of Hesolution, see Ordinance Book No. 19, Page 316.) Hr. ~inton moved the adoption of the ~esolutlon. The motion was seconded I! by ~r. Younz and adopted by the following vote: AYES= Messrs. ~Inton, ~aldrop, Woody~ Young, ar~ the President, Mr. ~ebber-5!i NAYS: None ............. O~ MOTIONS AND HISCFLLANEOU$ ?I!SIL~SS= HOUSING: The Reverend H. T. Coker, Pastor of Mount Zion Baptist Church, located at Fourth Street and ~adlson Avenue, N. F., appeared before Council slung i vlth app~oximately one hundred citizens and ~roperty owners living in the area of i northeast which is being considered by the ~oar~ke ~edevelupment and Housing Authorl a slum clearance proJect~ Speaktr~ for the delegation in addition to the Beverend Coker, were Hrs. Cordelia g. Williams, Mrs. Hallle B. Edmonds, Mr. Ira J. Womack, Jr.s H~. J. O. EDpt ~. L. H. Patrick, Hr. LeNoy Halrston and Mr. Yo Hutsona. The Reverend Coker advise Council that he is not or~y speaking for his church members but for the people llvin In the entire area planned for redevelopment, stating that his congregation did not lwsnt to see the location of its church changed, that they were now in the process of bu!tdlng a new modern structure and that they were appeall~ to Council to re~ect the redevelopment plans further calling attentiont o the property owners ~h o have for ye~s striven to pay off mortgages and own their homes and that these people sbu be given consideration since a number Of them will never be able to re-establish themselves in their owl~ homes if they are nov forced out their ~resent homes~ F~eo Cordelia 8. Wllll~, advielu{ that she was speaking for the entire area embraced in the propoeal~ ar~ that the owners of p~perty do not object to the p~pomed street ~ldenl~ but are op~sed to ~az{n8 of ho~s throu~out the are~ suggested t~t the ho~s be brought up to sta~a~. ~. Ira J. ~ack~ J~.~ p~sented a petition sl~ed by approximately three hu~red fifty citizens~ homeo~e~s~ taxpayers~ property owners a~ residents of the area, statl~ that many areas In Roanoke ~ed developing ~uch mo~e ~ the propeuti in question and that the signers are opposing the p~Ject and are p~paring to prote their interests e~ homes within all ~u~s of the law. ~r. J. O, Eppa suggested that fln~ci~ aid be provided fo~ those ~o are not able to, bring their substa~a~ homes up to sta~a~ ~quir~ents, through a ~ set up for such a pu~ose.by the Housing Authority. on by the City of Ro~oke. F~. L. H. Patrick, ~r. LeRoy Hairston a~ ~rs. Hallie ~monds further advise that ~ey ~e lived in the ~ea for years, that they own thel~ homes and do ~t want to give them up, and that ma~ of the o~ers living In the ~ea feel the s~me Mr. Ira J. tIomack, Jr., raised the q,:estion as to h~ ~ch bearing the new viaduct will have on the develop~nt as pla~ed a~ how much of the property will be . needed In this connection, the President, ~. Webber, answering that the traffic flo~ Is now heavy, that it will be even greater after the completion of the viaduct and that now la ~e time to plan adequate highways for the ~afety of the public, for the present ~d also for future year~. The~ bei~ no further discussion on the matter,, the President, ~r. Webber, ~[polnted out that plans for the project have not offi.cially presented to Council been and suggested that the petition ~ filed and the matter t~en u~er advtse~nt. There bei~ no further busl~ss, Council ~Jour~d. 149 COUNCIL, RFUULAR~iTI)~O, Honday~ April ~0~ 1953. The Council of theCity of Roanoke met in regular meetin~ in the Circuit Room in the Municipal Building, Monday, April ~0~ 195~ at ~gOO ofclock, po mo, the re~ulal- meeting hour, with the Pre'sident, Mr. Vsbber, presiding. PR£SENTg Hesere. Hlnton, Walcl~op, h'oody, Youn~ and the ~reaident, Mro Webbe -~. AFSF-J~: No~ ........ ~0. OI~IC~S P~-~Eh~g Hr. Arthur S. O~ens, City Hanager, Hr. Randolp~ O. ~hlttle City Attorney~ and Hr. Harry Ro Yatee, City Auditor. The meetin~ ~as opened with a prayer by the Reverend H. Ao Cushy, ~aetor of ~ooth Roanoke ~aptiet Church. HI~-~TF~: Copy of the minutes of the reEuler~eetingheld on Hondey, April 1~5], havln~ been furnished each member of Counc~ npo~otion of Hr° Hlnton, second~ ~y M~o ~aldrop and unanimously adopted, the reedinF ~as dispensed ~lth and the minut approved ae recorded° equest of JUNIOE~ C~M~ER OF COF~RCE-STUDERT 60VF~NMW. h~ DAY~ Cou~cll at the r Student Junior Chamber o£ Commerce havir~ heretofore established the policy of Day for the three hlFh schools in the city, and the City HaneFer havin~ Aprll ~0, 195~, as Student ~overnment ~ay for Jefferson Senior ~f~h ~chool~, President, P~. Webber, welcomed students ~erving as Hayor, Councilmen, City ~lty Attorney, City Auditor and City Clerk, aa uell ss other students ~ho were and each student sat beside the respective official he Or she represented durin~ meeting' ~o Don Y~ur~, student Heyor For Student ~overnment Day, expressed appreciation and thenk~ to the Council and City O£flclals flor the privlle~e extended the studenta in connection with the ~tudent Government Pro,ram. HEARING OF CITIZENS UPON PUPLIC MATTERS: ZONING-CITY CODE: Notice of e public heartn~ on the question of ~endlr~. and Section 6s BulldinE lines where no buildlnEs exls~ and Section 7, But]di~ lines where bu!ldtn~s already exist,of Article II. General Residence District: 'and also Section l~, Buildi~ lines where no bulldin&s exlstsand Section 15, Build[nE lines ~'here buildings already exist, of Article III, Special Residence District, o£ 51, Zoning, of the Code of the City of Rosnoke, having been published {n the W~rld-Eewe pursuant to Article XI, Section hS, o£ Chapter 51 of the Code of City of Roanoke, settln~ the time of the hea~lng ~t R:OO ofclock, p. April ~O, 1953, the matter was before Council. There being no one present speakinE for or a~ainet the proposed chanKee as ~sted and reco~ended by the Build[nE Inspector, the President, Mr. Webber, asked DavidDlck, BulldlnE Inspector, to outline the proposed char~es for the benefit Council. M~. Dick stated that the proposed smendente will help to clarify the present sections tn eetabllshlngand applying distances from the side lot lines, advisln~ the present requirements have been difficul~ to interpret and apply in many cases, provieims applylr~ to distance from the side lot lines ar. often ur~eesonable irregular lots ~lth wide frontaEe. 150 After a brief discussion of the matter, ~. ~aldrop moved that action on the ~roposed amendments be deferred for one week. The motion was seconded by Mr. ~oody and urumimously adopted. P~TITION~ A~ND (D~iML~ICATIO~! ZONINO~ A co~unicatlon from H~. Reuben E. La~son~ Attorney~ representin~ Alle~any and ~nb~'Corporation a~ th~ Ace Re~ty Co~oration, requesting that p~perty located on the north s lde o~ Gll~r Argue , N, ~., at Ga~ns~ro Road~ known a~ No. 17 and 21 Gllmer Avenue, N. ~., a~ desl~ated as OriFicial Nos. and ~OllSOP, be ~zo~d from General Residence District to ~s~ess District, ~as before Council. On motion of Hr. ~aldrop, seconded by Hr. Young a~ un~nl~ou~17 adopted, request fop ~zon~g was refer~d to the City Planning ~cm~lssion for study, report and ~c~endation to Council. CON~RIB~ICNS-RESOL~ION OF ~EClATION: A com~nicstion From ~. Kromer ~dvlsl~ that ~hen he presented Council ~fth the mrch "On ~tth Roanoke~ he had promised to have the march worked fo~ orchestration ~o~ b~a~s a~ other bands, that he has now had this done a~ that complimentary c~ptes are ke~ sent out to all ba~ leaders ~n Roanoke, was before Council. The com~nication was R~O~TS OF O~IC~S: STR~ LIGHTS: The Clt7 ~an~er submitted ~tten ~port recow~endlnE that two street lizhts be installed In Plshburn F~rk a~ additional lights be installed ~s'shown on the plan for llfhtin~ the roadway on Mill ~ountala, along with the reco~e~ation that one llFht be installed at Ulade C~eek B~ldge, near Vinton Road, N. E., a~ one liTht installed In the 10~ block of ~Irty-flfth Street, N. ~. Minton moved th~tC~ncil concu~ in the reco~endation of the tl~ ~a~ offered the followln~ ~esolution= (~1177~) A RESOLUTION authorizing the installation of street llFhts v~ious locations in the Clty of ~o~n:ke ~d th~ replacement of one exi~tin~ light. (For '~11 tex~ of Remolutfon, mae 0~inance Book No. 19, Pagm ~. Minton moved the adoption o~ the Resolution. ~e motion ~as seco~eR by ~. Yo~ ~ ~opted by the following vote~ A~S: M~smra. Mlnton~ Waldmop, ~oo~y, Young, ~d the Pme~ldent, Mm. ~AYS: No~ ........... WAT~' DEPARTed: %he ~ity Manager au~l~eR ~he following lettem fmom the M~agem of the Wat e~ Department' In ~onnm:tton with the ~equest rom a ~ater maln the new exteas~on of Patterson Avenue, S. W.: "I~ERDEPART~ CO~NICATION April 15, 1953 TO: Arthur S. ~e~ FROM: G.H. Ruston S~CT: Extension of Patterson Avenue, S. ~., wes~ from ~r[d~e C~ Cou~$l on Decen~r 1, 1952, u~ev Ordinance No. 11633, accepted a 70' strip of l~nd extend~ west f~m ~ridge S%reet from the [IP~[n[a Holdt~ CoPporatton for the pu~os9 of extendi~ PattePson Avenue. .The Water Department now has a request for water main extension in this area and really has no rule to cover same. This area doesn't come under the new Subdivision Ordins~ce nor was it cut up prior to the Subdivision Ordina~ The Yater Department nowhas under contract the leyin~ of a 1~' rater ~ain down old Patterson Avenue and Bridge Street that will pass the entrance to the new street. For adequate fire protection, there should be a 1~" water main down the new street es it terminates in a dead end that can't be exten~ on account of the River. Structures built in the area will undoubtedly be warehouses and other types of bulldin~s requiring first-class Fire protectl¢ It dceanlt seem fair to require one individual near the far end of the stree to bear the entire cost of alP" main with only getting a few refunds of · $75.00 back as additional consumers are attached to the line. I would reco,~mend that consumers not be charged for more than a 6" main, ~hlle the City will actually lay alt', Since Council opened the street, I suggest that this matter be brought to their attention for polic! in the matter. (bigned) G. H. Ruston" In a discussion of the matter, Mr. Huston advised that a 12" main should be lai~, that even though at present there are no buildings in the area it is his opinion when the area is built up there will be warehouses and other types of bulldi which will use sprinkler systems.for fire protection. Hr. Hltiton moved that the Eanager of the Water Cenartment furnish Council .the cost to install a 6" inch main and ~h~ cost to In, tall a 1~" ~ain and that the matter be carried over for one week. The motion was seconded by Mr. l~aldrop and unanimously adopted, SE%~ERS: The City Hsrmger su[~ltted the Follow! ng letter in connection wtth s sewer project for the Lincoln Court area: "Roanoke, Virginia April PO, 1953 To The City Council Roanoke, Virginia Gentlemen: We have in the budget funds ~hich Council tentatively earmarked rom a sewer project In Lincoln Court; and I would like to request that you accomplish the follod ng~ Authorize that a public hearing be held regarding the matter. Create a comulttee to hold a hearing. that the cost of the project will be approximately' It is ~30~000o00~ the City ~o pay %~0~000o00 and the property owners to pay the Hespectfully submitted, (Signed) Arthur S. Owens City Manager" Action on the matter was deferred for one week, in order that a proper Resolution can be presented. STADIUM: The City Mai%acer presented wrltten report along with the roi{owing letter f~omMr. Clyde Cocks, Chairc~an of the Stadium Advlaol~ Committee, in.connect~ )n with certain proposals for lr~proY~nents and changes at Vlcto~r Stadium: "April 13, 1953 Mr. Arthur ~. Owens . City Manager Roanokem Virginia Dea~ Mr. Owerm{ Aa a result of careful study and consideration based on figures obtains from other cities operating stadla~ the Stadlu~ Advisory Co~itiee recommend the following slidin~ scale charge for use of Victory Stadium; this sltdir~g_ scale charge to pertain only to Hlscellaneous Section of Resolution ~htch was adopted the 19th day of October, 19~Y: I51 lC~ ~HOVSt WATCH SHOWSf MUSICAL EVENTSt ZTAGE P~(]DUCT~ONSe ETC. Base c~rEe pe~ d~ ~n atte~ance up to 3,~9 - F~m 3,~ to 3,~9~ - 6~ o~ ~ons ~o~ less Cues Yron ~sO00 to ~,~99 - 7~ " From ~ a~ over - 10~ ~ It has been necesa~ ~ rent ~blic address system fo~ such events requl~ln~ acme s~ce the stadium was first put in use. ~e Clty~ each has been abaorbl~ ~of this rental charge In c e~tain l~tances, In othel lnst~cea ~e lessee has been payin~ this rental fo~ sou~ equl~ent. of Company furnl~l~ ~ls equlF~nt has averaged ap~rox~tely per yea~ at the acadia. It Is therefore recovered that the City ~ediately authorize purchsl a~ l~tallation of suitable a~ satisfacto~ sgu~ equip~nt In accord~ce with attac~d specifications (present-day cost ~3,~O.~ installed}. Based on past usa.this cost wo~d be amortized In a period of three yea~s o~ less as there has been included in proposed rates he,In ~ntioned~ a portion the rental for absorbl~ cost of this equl~nt. ~hen the ~paratus has been fully ~ortized It will then p~duce ~re net ~e~enue fora the City. It is ~rther re~e~ed that rental chsr~es for the followi~ cateFories of ~e~olutlon 7h30 be increased ~..~ pe~ day, thus elimlnatln~ set charge ~o~ audio equip~nt= A. Notorcycl~ races B. Hechanical~ A~ricultural, Livest~k, o~ a~y use recoFnized C, Stunt Charges for other uses of Maher Pield shall ~ntl~e ~ be fixed by City Manger. It ~s respectfully requested that the Cou~il o~ t~e C~ty of Roanoke, V~rg~nia, amend and re-enact Resolution 7~30 to include foregoing chan~es to become ef~ectiv~ Yours truly, (S~gned) Clyde Cocke Chairman St~l~n Adv[so~ Com~[ttee" ~e City Manager advised that he Is forw~dtng photostat copies of the pro~osals ~ Council, ~d su~ested that the matter be carried over for one week. Council conc~red in the suggestion ~d the matter w~ carried over . AIRPORT: The City Manager presented written report adv~sl~ that ~erAcan Airlines, Incorporated, are requesttn~ that ~e City of Roanoke rent them approximate 375.O square feet of floor apace on the second floor of the Te~fnal Building at the Roa~ke Municipal Al~ort, a~ that he has had the Assistant C[tyAttorney prepare necessary Ordinance authoriztn~ the lease on the basis of ~2.O0 pen square foot. After a discussion of the ~tter, th~ question being raised am to what the rate per square foot should be for the second floor ~ea or ~ethe~ a rate has been established. Mr. Young moved that action be deferred until the rental rate Is deter~ned and that the City ~m~ger check into what rental rates have been suggeste to ~rtize the bulld~ng. The ~tlon was seco~ed by Mr. Waldrop a~ unanimously adopted. AM~OUSE: ~e Clty Manager submitted written report from the Al~sho~e month of March, 1953, show~ a total expense of ~1,866.32 as compared w~th total expose of ~2,529.81 for the mon~ of M~, 1952. ~e report was filed. CI~ P~SICIAN: The City M~aser sub~tted written report from the City Physician for the month of R~ch, 1953, showing %91 office calls and 672 prescrip- tions filled, as comnared with ?68 office calls and lQ03 prescriptions filled for the month of M~ch, 1952. ~e re~rt was' filed. DE?ARTMR~T OF ~UPLIC WEL~A~Et The City Mans~er submitted ~ltten ~po~t the.Depart~nt o~ ~ublic ~elffare fo~ the m~ o~ H~ch, 1953, shcw~ng 1~81 cases ha~led at a tot~ cost of $70~292.29~ as compared w~ 1,~88 cases he.led at a total cost of %~,2~6.19 for the month of H~ch, ~e ~port was filed. R~TS~ ~e City Han~e~ su~ltted ~ltten reports fro~ the City ~arket~ the Department oF Build,nE and Plumbinglnspeetion~ the Department of Recreation ~d the ~lectrical Depsrtm~nt for the month of Hatch, 19~3~ also~ a repo~ fro~ the Police Depa~t~nt fo~ ~e month of Februa~, The r sports ~ere filed. POLICE DEPA~T~i~= The City Han~e~ su~[tted the follow~ report connection with t~ansferr~ one Police~oman to the T~F~c Bureau In the Police DeFa~tm~nt~ ~oa~ke~ VXrglnXa 6entlemen: The following letter from the ~uper[nte~ent of Police by me: ~. lrthu~ ~ens C!ty~anAger Roanoke, Vlrglnla For som~ tXme we have been talkl~ of transferring one of the Policewo to ~e Traffic ~reau to work In the business section, mainly on parkAn~ violat~o~. I have checked with some other cities that are using wo~en~ in the Traffic ~ureau, a~ they say that it is work~ very satisfactorily. As you know, the Policewomen draw first ye~ patrolm~ pay, ~lch ~2~.00 a month, but If we transfer one to the Traffic Eure~u, It ~uld be ~cessary for her to ~y unifo~ and ~rk the s~me hours the TraffX~ Officers work. The cities that I checked wl~, pay the women assigned to the Tr~fAc Bureau, the ~e as they do the men. For reasons explain~ above, it ~ould be appreciated If you would give ~e pe~lss~on to transfer one woman to the Traffic Bureau at third year patrolman pay, which As ~275.00 a month. As you know, both of the Policewomen have been here sirra 19~. Assuring you ~at your approval of ~s plan will be appreciated, I am Ve~ truly yours, (Signed) F. H. Webb Superintendent of Police' ~ would l~ke to explain ~o you ~y I believe the budget transfer requested by Captain Webb is necessa~. Respectfully submitted, (Signed) Arthur S. Owe~ City Manger" ~n a dlscuss~on of ~he matter, ~he City Maker stated that the policewoman would not work street traffic but would he used In checking metePs, loadl~ zones and other types of tr~f~c v~olat~ons, advisi~ ~at other cit~es have used police- women In the check~ of traffic to good advantage. Mr. Minton mo~d that the matter be taken u~er advisement f or one week a~ that the City Manager furn~ Council copies of h~s proposal as to what type of ~rk the policewo~n will do. The ~tlon was seco~ed by Mr. Waldrop a~ unantmous~ adopted. 153 POLICE DEPART~N?oFIRE I~PART~ENT~ The Clty~anager sut~ltted ~ltten r epo~ the 'emp!o~ent of ~lllia~rphy ~llins, J~.s a~ ~net Hyde HcEeeve~ J~., the Police Depa~t~ent~ effective ~ay 1~ 19~ a~ ~fua ~lbe~t ~lish by the Pits Department, effective April 16, 195~. ~e report was Filed. WATER DEPART~NTs The City ~ger submitted the following report ~th reference to extension of Contract No. 6, H. S. ~udgins a~ Company, to extend an ~-lnch ~ate~ main on Imlsy Avenue to better service the customers when the private water company of ~ohn ~. ~ebb Is taken over by the cltys eRo~oke~ Virginia April 20~ 1953 To ~e City C~ncil ~oa~ke, Oentlemen~ The co~ttee, appointed to ~gotiate for the purchase of small water coca.es, has tentatively closed ~ agreement with Hr. John W. Webb for the Webb Water Company in Garden City. This brl~s to my attention the need for a~ exte~lon of Contract No. 6, H. $. Hudgins a~ Company~ In t~e a~unt of ~51,~7.50 for an addition as follows; Authority to exte~ an 8-1nch~ln In Imlay Avenue Between Ventnor ~oad a~ O~rden City Boulev~d, 900 feet at ~lll you please authorize [his a~n~,nt to t he contract. Reipect~lly ~ubnitted, (Signed) Arthur ~. City ~ana~er~ ~r. Young noved that Council concur In the ~port of the City that the matter be r~fer~d to the ~[ty Attorney for p~p~atl~n of the proper measure to extend the contract. The motion was seconded by Mr. ~dy and unanimous~ adopted. R~ORT 0TM COV~T~S: AIRP~T: The request of ~. W. Clayton Lemon~ ~er of 'Virginia that a renewal clau~e of five ye~s be Included tn the lease for Ha~ar No. 2 at the Ro~oke ~untc[pal Afrport~ having ~een refer~d to a co~lttee for study, report and recommendation, the comlttee su~ltted the follow~g report~ "Aprll 13, 1953 To the Council of the City of Roanoke, Gentlemen: At the regular ses~ton of ~ouncil Eo~ay, ~arch 30, 19~3, you appolnte ~ co~Ittee of ~. Arthur ~. ~e~ ~. H~ R. Yates ~r. Marshall L. H~rls to s~dy and make reco~e~atio~s on the matter of adding an renewal clause, for five tS) years, to ~e contract of ~. ~. Clayton Lemon for Hangar ~2 at Wo~m Field. Your co~lttee has lnvest~eted this ~tter and wl~hes to report that the lea~e ~1~ l~. ~. Clayton Lemon ~d the City was made ~ter It was datelined that the Lessee made the best bid ~ereFor after bids therefor has been properly advertised. Accordingly, your co~lttee Is of the opinion that Council does not have the authority to ex,end this lease s~nce the adverti~ent pursuant to which ~t was made called for a 5-year lease a~ ~r. Le~n =ay not have ~en the hi.est bidder hsd the adve~tts ment called for a lo.er te~. Respect~lly submitted, (Signed) A. S. ~ens (~gned) H. R. Yates (Signed) ~. L. (Signed) Ran G. ~1ttle" H~o Woody moved that Council concur in the recommendation or the co~ltteeo the motion was seconded by Mr° Waldrop and unanimously ndopted, STREET I{~ROV~ENTS: Bide For street improvement on Preston Avenue, S. at Preston Park School, between Wllll~meon Road and ~cAFee Street, dsaignated as Job Jo. 1, and bids For street inprovement on Fifth Street, N. W., at Lucy Addison High ~choo~ designated as Job No. 2, havin~ been referred to a cout~lttee For tabulation :nd report~ the co~lttee submitted a tabulation and the Following report: · "April 13, 1953 Hembere of City Council Roanoke, Vlrzlnia Oentle~en{ The follo~Ir~ report la hereby sut~ltted by your Comlttee appointed by City t Council For street improvements on Preston Avenue, R. ~o, and on Fifth Street; N. ~., in Front of Lucy Addison RiFh School{ JOB NO. 1 -- PRESTON AVENUE FROH WILLIA~£ON ROAD TO ~cAF~ STRFET r - ~c owall and Wood ~19,576.50 Suggested Reduction in quantities - 6,000 sq. Ct. Sidewalk ~ $0.37 ?00 lin. Ft. Curb and Outter ~ (~.~8 1,~96.00 Total Net Cost oF Job No. 1 JOB NO, 2 -- FIFTH £TRPET, N. W. IN FR0hU O? LUCY ADDI£OH HIGH SCHOOL Low Bidder - M. S. Hudgins $13:813.75 Total cost Of the Two Jobs Amount to be Returned to the City as * roperty Owners' Share o£ Cost: Job No. 1 - School Board 1,528.00 Others 1~378.15 Total 2,906.15 Job No. ~ - School P~oard 1,6OO.O0 Others 556.50 Total 2~156.50 Total Property Owners' Share 5~062.65 Actual Cost toClty ~2~,511.60 Money Available For the project is as Follows: In the 1953 Budget under Street Construction 75,000.00 Curb and Gutter Contract - Philip L. Baird 5Ot720.00 Available For Street Construction Your attention is invited to the Fact that to do the work as herein set Forth it will require an addttional appropriation o£ t5, a9~.25, of which ~5,06P.65 will be returned to the City as the propsrty owners' share of the cost of curb, gutter and sidewalk as shown above. Respectfully submitted, (Signed). A..S. Owens (aigned) Harry R. Yates (Signed} H. C. Broyles~ It appearing that the bid of HcDowall and Mood, as set out in the co~aittee report on a net basis of *15,760.50, is the best bid on the Preston Avenue Project, H~. Woody offered the £oll~wing Resolution: (#11775) A RESOLUTION accepttn~ the proposal of HcDowall and Wood, Sale=, ¥I~ginla, for street improvement on Preston Avenue, N. W., at Preston Park School, betveen Wllli~mson Road and IfcAFee Street, on the basis of the net sum of ~15,760.5~ authorizir~ and directing the City Hanager to execute the requisite contract; and providln~ For an emergency. (Pot full text of Resolution, see Ordinance Book No. 19, Pa~e 319.) 155 I56 "Roanoke~ Virginia April PO, 1953 To t'he City Council Roanok~e, Virginia Gentle.eh: You referred to s committee, composed of Mr. Harry R. Yates, MP. R~n O. k~lttle, a~ me, fop study the Airport gasoline contract. An investigation sho~-s that the exlstl~ contract has until June 10, 19 to ~n w{th a slxty-d~y cancellation notice. - %he co~lttee recovers that pPlom to the e~lration of ~e notice date the City advertise fo~ public bids conce~n~ the i~t~llation of necessary equipment a~ sale of gasol{ne. Hespect~lly submitted, (Signed) A~thu~ b. ~ens (~lgned} Ran O. %hittle (~ig~d) H~y B. Yates" M~. Woody ~ved that Council co.ur In the report of the committee. The motion was seco~ed by M~. Minton an~ un~l~usly ~pted. STADI~-PA~S A~ P~YGR0~'S-WATER DEPkRTME~: Bids foe the p~lvllege of operating concessions at Victory Stadium, Washington Ps.k, Ca~vins Cove, Mill }~unta Zoo h~ Rockledge Inn, having been refermed to a committee fo~ tabulation, ~eport an~ ~eco~endatlon, the ~ntttee subm2tted the tR~latlon a~ the following tlon: "ApPll 16, 1953 To the City Council Roa~ke, ~lrglnia Gentlemen: After tabulatlon a~ careful, study of bids ~eceived on April 13, 1953, and o~n~ on the agne date before City Council, fo~ oFeratin~ co~esslons at the v~ious pa~ks, we wish to ~eco~e~ that the following bids be accepted: Uarvins Cove - F~. C. B. Cle~er~s bid of 5 per cent of the gross receipts Was~ton Park.- ~llie O. $~th's b~d of $6~.~ for ~e concession stand ~d 50/50 on the sw~ing pool Victo~ Stad[~ - Jno. L. Godwin's bid of 16 per cent of the g~ss receipt s Mill ~unta[n Zoo ~d Rockledge i~ - ~. L. Godwin's bid of 13 cent of ~e gross receipts. Yours very truly, C~ty Manager (&~g~d) Ran G. ~ttle City Attorney (Stgn~) R. P. Hunte~ Dlrec$or Of Parks a~ Recreation (S~gned) R. B. Moss Purchas l~ Agent" In a discussion of t~e prodoss! fro~ ~4ro C, B, Cle~er~ who bid ~ of the receipt, on the operation of the Carvina Cove concession, l~ vas brou~t out tha~ fo~ the operation of the Ca,vine Cove concession last ye~ rathe basis of 1~ of the ~ross receipts, the city ~nly ~ecelved In a further discussion, ~e City Au~tto~ c~led attention to the fact that It Is hard to Fei some of the concessionaires to keep a record of all of their ~ale~ a~ s~FFested that a flat rental fee be char~edl vhereupon~ ~. Hlnton moved that the mstte~ be ~efer~d to the Clt Atto~e to re a y y p p re proper ~easure rejecting the for the Carvins Cove concession a~ that the concession p~lvlle~e be ready,prised a~e~a. ~e ~tion ~as seco~ed by ~. ~alarop a~ un~i~u~ly adopted, In a discussion of the ~a~ht~ton Park co~ession bid~ ~. Ira J. b17 East Avenue~ ~. E.~ representing the P.T.A. of the ~lve negro schools of Roa~ke~ appea~ed before Council and requested that free ~l~ln& at certain hours ~ade ~vaileble at the ~a~hin~ton P~k pool~ advisi~ ~t It ~aa his unde~sta~in~ the children ~ere to have had the pvlvileFe last year, but that the concessionaire =ad, very little attest to extend this prtvileFe, statinF that usually the pool had been drained ov fo~ ~ excuse or another It could not ~ u~ed until the hours ~'he~ a fee ~a~ char~ed; ~lso~ calli~ attention to the need for a bette~ ~eparation In the pool between the deep ~nd ~hallo~ ~ater~ the need for ~ome cove~l~ a~und the pool other than the F~avel that la no~ used, a~ the need fo~ note adequate Afte~ a ~the~ di~cu~slon of the matter, ~. Youn~ ~tated that he Feel~ a par: 0f the !ncoms from the co~e~lo~ ~hould be used to make ~e pool sore usable, the City ~e~ advl~!~ that the pool ~111 be mad~ safe before it is ~. Einton moved that the City Attor~y prepare the pmpe~ measure reJectfni the'bids on the ~'a~htnFton ~ark ~ncession and that the concession p~ivileFe be readvertl~ed on the ba~i~ of a aini~2 ~1,0~.C0 flat rental fee a~ to provide free ~l~in~ tir~ for children; al~o, that the matter be placed on the a~e~a ~o~ next ~ee~. The motion ~a~ seconded b~ it~. ~ald~op a~ unanimously adopted. In ~egard to the ~ictory ~t~ium co~e~sion bids, 1-ir. You~ :~ved that Councll cor~uv In the reco~e~ation of the co~ittee that the bid received from H~. John L. God~ln ~o~ the conce~alon prlvilege at the ~tadtum at 16 pe~ cent of gros~ sales, be accepted, a~ offered the follo~lng emergency Ordin~cel (~1177~) IN O~INANCE authovlzl~ a~ directinC ~e City Han~e~, for ~ on behalf of the City of aoa~ke, to ente~ into a contract ~i~ ~ohn L. ~od~in~ ~r~ttng certain conc~ssion rlFhts ~ pvivlle~es to be exercised In the Roanoke Hunictpal (Victory) ~tadt~ a~ Athletic Grou~a In H~e~ Field, a~ p~vldl~ for (For full text of O~inence, see ~dinance Book No. 19, Fs~e ~. Yo~g ~ved the ~option of the Ordinance. 'Z'he motion ~es ~econded by Hr. Hlnton a~ adopted by the follo~ln& vote: AYe: Hessr~. Hintvn, Waldrop~ ~oody, Young, a~ t~ Pre~ident, H~. ~ebbe~- NAYS~ None ............ O. In a discu~sion of the Hill l~untatn'~o a~ Rockledge I~ concession bid~, the question ~as raised as to ~hethe~ the advertises, hi ~a~ .clea~ since one bid 157 458 submitted on the ~4111 ~ountain Zoo only; ~ereupon; H~. ~'oody moved that the City Attorney prepare the proper measure reJectl~ the bids on tbs Hill Hountain Zoo 2ockledge Inn ~ that ~e co. caslon p~lv~lege be readvertised on the basis operat~ ~th as a~ole oP flop the operatin~ of one only. T~e motion ~as seco~ed by ~. kaldrop a~ ~nanl~uely adopted. ~AT~ D~FA~T~ Council havl~ appointed a co~lttee to negotiate ~lth ow~rs oF existin~ a~ll water distribution systems located In the City of ~oanoke a~ to attempt to obtain offev~ ~ereby the city night purchase su~ of said syste~ as it may desire, ~e co~lttee su~ltted the follo~ written ~o~t* "Roanoke~ To The C~ty Council Roanoke, Virginia Your co~ittee, authorized to negotiate flor the p~chese of small wate~ co,upanies, has reached a tentative agreement for the purchase of the smell water compa~ owned by ~r. John W. Webb in ~arden City for ~16~000.00. ~Xs compa~ has app~xi~tely 175 custo~rs; and ~'e rec~ that the system Be taken over ~s cf mtdn[~t, April 15, 1953, ~th the sgreements end co~XtXons as prescribed by the 6Xty Attorney. Respect~lly submitted, (Slg~d) Arthur ~. ~ens (Sl~ned) Ran G. ~Xttle (~1gned) Hazy B. Yates~ ~. Waldrop moved that ~ouncll concur in the reco~endatton of ~e co~fSte~ and that the City Attorney prepare the proper Ordin~ce and ~asures providXng for the purchase of the water dlstrl~tXon system ~om ~r. John W. Yfebb, e~ present s~me at the ~xt regular meetX~ of Council. The ~tton was seconded by ~r. ~oody and un~1mously a~opted. U~INISH~ BUS IN. SS ~ DEPARTS~ 0P PAR~S AI~ BE6RF~TION: The questXon of Xncrea~1ng the salar~ of ~r. Re~ T. ~Xtchell, Jr., Assistant Llrector of Parks ~ ~ecreaticn, to ~,~00.00, havl~ ~en t~en under adv~se~nt, the ~t~er was again before CouncXl~ t~e City ~4anager requestX~ that the item be tabled. Pursuant to the request of the City ~ana~er, ~e matter was tabled. CONS~ERATION OF ~A~IS: ~VENILE A~ ~STIC RFLATIONS C~t~T: The request of Dodson end Fence, L~w PXr~, t~t the City taX.bursa ~r. Jack Johnson Xn the ~ount of ~O.O0 cover1~ his earnl~ cap~city for six weeks of the sixty days he aerved at the State Farm at ~tte ~ate VXrsinia, without a trial, ha~ been carried over in o~er that the Git: Attorney might give a written opinion in the ~tter, ~ to 81so give Judge K. A. Pate of the Juvenile a~ Domestic Relations Court an opportunity to be present to give en e~1anation of the f~cts in the case, the City Attorney presented the foll~ ~ oplnlon~ "April P0, 1953 To The Honorable Council of the City of ~oanoke. Gentlemen: At your regul~ ~etX~ of last ~nday, you referred to me the req~e2t of Dodson ~nd Fence, as contained tn their letter to the Mayor a~ members of Cou~il of the sm~e dat~, that you honor.the claim of theXr client, Jack Jo~on, X~ the ~mount ~f ~2~O.~ srowin~ out of h!s having been incarcerate without bei~ tried a~ convicted of the misdemeanor for ~ich he stood charged, returnable before the ~uvenXle and Domestic Relations Court of the In the eatsbliah~ent and operation of the Juvenile and Domestic Relations Court of the City of Hoanoke,'the Citz of Roanoke is clearly en~a~ ~d in a tEovernmental functiont, Accordingly, the 61ty'o£ ~onnoke is not legally liable to the claimant For the treatment he alleges that ha receeiw in hie letter Of April 13th. Incidentally, Hr. Dodson stated his concurren¢ in this conclusion when he appeared before your body on last Ho~day~ Hence, I shall cite no authority for the statement. - The next question referred to me is since there is conceded to be no legal liability on the part of the City in the premises, may the City, naves thelaes, lawfully pay the claim? It is my opinion that Council has the lawful right to pay the claim should it be disposed to do so. (See Hc~ulll~ on ~Huniclpal Corporations~ ld Ed.. Vol. 1~, p. ~3, Sec. 39,P1= Evens v. ~erry. PS~ S.Y.~. paFe ~69= l~b N. £.~ FaFe-~O~= ~Z of C~r~lcana v. ~abb, ~9.__0, page 736.} ~ether Council should or should nat all~ the claim is a q~estion of policy'that rests solely with Council. This office cnn only aaythat there is nc legal obll~ation on the part cf the City in the pramiseso Eeepectfully~ (~igned} Eon G. ~ittle City Attorney" The opinion was filed. In thin eormection, Judge E. A. Pate presented the £ollo~Ing written state- to the facts in the case~ "April PO. 1~3 To the ~ayor end the Hembere cf City Council Roanoke, Virginia Re: ~ack Johnson Gentlemen~ Reference is made to letter to you dated April 13, 19~3, from office of Dodson and Pence. Attorneys at Law, regarding an error made by the Juvenile and Domestic Relations Court in co.~=~ttting the above named man, Jack Johnson, to the State Farm at %,~ite Gate, Virginia. ~e deeplyr~gret that this error was made. A Yard of explanation to you is in order. ~e went into detail with both }~. Coulter and Er. Dodson and e~latned to them Just how the mleteke occur~ed sad even went ovem ~. Johneon*s file with them, showing them his lone history of m~scondutt es reflected by the numerous co.plaints ~mde by his wife. His lon~ history of excessive drlnkinF and disorderly conduct in the home, the threats to kill [ wife, and h~s continued failure to support his family so disturbed his wife that in January of this year she cs~e to the Domestic Eelattons Court and comvlalned that her husband had come home drunk s~/ had proceeded to create a disturbance. She insisted that l~mediate action be taken, as she had reasons to believe that he might carry out his threat to take hep life. Shel reminded ns that in her opinion she had received very little help from the Court, and she was confused as to whether we were in doubt as to her honestyI] and InterFrity in makin~ so many complaints against her husband. Among othe~ thin~s she stated that {quote), 'It will be t~o late if Jackldlls me.' She was of the opinion that whiskey had affected his mind and he needed to be *put swayS. M~'s. Johnson stated further that her husband had had no employment durln~ the past ~ oP 3 weeks, but hsd recently secured e Job as a laborer at Lindsey-Robineon. She sai~ that she had hsd no support from him durin~ the pest 30 days, and es a result ~he and their 3 children were in necessitous circum~tances. ~ith this information she was permitted to file a duly verified petition, alleEin~ non-support, and the matter was set for hearing on January 19, 19~3.' In the ~antime we intended to have Mr. Johnson examin!d by a psychiatrist to determine to what extent the excessive use of alcoholic beverage had affected his mind, thus enden£erinF the safety of his family. His co.,mttment to ~lte Gate prevented our having him examined, and ~hen his wife returned to the Court, she stated that she and the children had never before had such a quiet, peaceful, ha~py home. She needed assistance, and sn eppointmmnt was made with the ~'elfare Det~etment to give her assistance, ~%ich was given. This man has not used his' income for the benefit of his f~c~lly for years, ttis wife has had an awful etru~£1e to support the family. She has worked all th~ouKh the years to try to meet the needs Of the family with what she and the Court have been able to 'pull' out of this man. Thla man*s commitment to the State Convict Road Force has been ~overdue~ for e number of years. We at the Court believe that a man should be worth more to himself and his f~=lly out of the penitentiaru than he is serving time if he will work and support his fm~lly. We have tried time and time again to get this man to conduct himself aa a husband, father, and good citizen should. He has lost one' Job after another because of his drinking and absenteeism. He has not worked now at Llndsey-Robinann for ove~ a month, it looks now like we may still have to have a hearin~ for this man on the charge of non- support. 1'59 Respectfully eulmittsdj (Signed) K, A, Pate Judgem In a discussion of the matter, H~. Young asked JudFe Pate If the error wes called to his attentlonj Judge Pate statin~ it was discussed with him durlnF the sa~e week of cS~mitment by the probatlgn officer, advislng.t~a~ the error was made by supplying Jack Johnsonta name to papers intended for snothir man~ also etatln~ ~, E, Grlffith Dodson, J~., Attor~y fo~ Jack Johnso~,.reite~ated his request for the ~ayment of ~e ~0,00 to the Johnson f~il~ statl~ that Hr. Johns~ has ~en done a ~o~ ~d that Cou~ll can help to right the wrong by compensatln~ ]hia the i~hO.~ fo~ six ~eks ba~ed o~ ~0,00 per ~ee~, Hr. Waldrop sug~e~ted that the ~tter be taken u~ev advisement fop one After a further discu~slon of the matters ~. Hint on asking Judge Pate he could give Councll the exact dates of H~. Johnson's co~lnement a~ JudFe Pate stating that he did not know the exact nu~ev of days that ~. Johnson actually served but that the records w~ld show ~lss ~. Minton moved that JudFe Pate furnll be ca~Pted over until }lay h, 195~. The motion was seconded by ~. ~ounF and [~unanlmousl7 adopted, I~HODU~ION AI~ CONS~ERATION O~ 0RD!NA}ICES AI~ RESOLUTIONS: PARKS AND PLAYGROU]OS-V~KRANS HOUSING: 0rd~nce No. li~71,'lncorporat~ng aporox~mately 8~.2 acres of the Almshouse F~m, owned by the city, into ~he paPk system, having p~ously been before Council for its first Peading, r cad and (~11771) AN ORDINANCE incorporating ~prox~zately 84.2 acres of the Al~hous~ Fa~, owned by the City, into the City's Park System a~ adding the s~me to a~ z~ng ~t s D~rt of the adjacent Fl~bu~ Park. (For full text of Ord~n~ce, see Ordinance Book No. 19, Page 317.) Mr. Young a~ ~opted by the following vote: A~: Messrs. Minton, Waldrop, Woody, Young, s~ ~e President, Mr. Webber- ~YS: None ........... O. PENSICMS: Council hav~ng previously taken undeP advisement dPaft of an 0rd~nance prepared by ~e C~ty Attorney, perm~tt~ all c~ty employees not already part~c~pat~ ~n soze other pens~o~ ~stem of the c~ty to pa~t~cApate in the ~loyees~ Retire~nt system of the Olty of Roa~ke on an equitable basXs ~nsofaP as ~s legally possible; and also, the request of Mr. Edga~ L. WXnstead, O~ty that the Sergeant of the C~ty of Roanoke ~d all deputies ~d employees of h~s const~tu%~o~l off,ce, ~o have unanimously voted not to be perm~tte~ membePsh!p the E~ploy.es et~re~nt Sys~ez, not be ~ncluded In the Syste~ ~n order that off~ce c~ be covered by Social Security, a~ Council havl~ ~nst~cted the Attorney to prepare the necessary Ordinancee and Resolution~ and to have the approved by H~, Charles H, ~Ith~ Director of the V~lnia Retire~nt System~ the ~lty Attorney presented s~e; ~hereupon, H~. ~o~y offered the ffoll~ e~Fency 0~lnance ~endin~ the ~ployeest Retirement ~zate~ of. the City of Roa~ke= (~11777) A~ O~IHAHC~ to ame~ ~d reo~dain ~ect~on 1, rel~t~n~ to De~nitio: s, as ~e~ed by Ordi~nce No, 10696. ~opted Au~st 7~ 19~0~ Section ], relatinF to ~e~er~ip a~ Section ~, relatin~ to Service Creditable~ as a~ed by Ordinance No IC~7~ adopted Hatch lJ, 19~0~ Section 6, relatln~ to ~fXts, a~ originally by O~inance No. ~9, adopted Hay P7, 19~6; and by the addition of two (~) new ,ections~ viz. i Section Five A~ entitled~ "Early Service Retire~ent BeneFlt"~ and Section Flfteen~ entitled~ "Citation"; the ovdin~ce he,by a~nded and veordained beln~ entitled~ "An Ordinmnce to e,ta~lsh a ~tirement ~y,te~ and to provide certai~ ~etire~ent allowances a~ death he,fits for officers and e~loyee~ of ~e City Roanoke, with certain exceptions, a~ to supersede ~y existln~ o~[nance providl~ For retirement ov death benefits on account of policemen a~ Figment e~loyed after 5ec~ber 31st, 19~5~; ~d providln~ for an e~rgency. (For full test off Ord{nance~ see Ordin~ce Book No. 19~ PaFe 3PO. ) H~. ~'oody moved the a~ption of the O~lnance. The ~ot[on ~a~ seco~ed by ~v. YounF and adopted ~ the follo~n~ vote~ AYES: Hes~r~. 1'linton~ Wald~op~ tfo~y~ Y~ung. and the Pre~tdent~ ~w. N~S: None ............O. Also in this con~ct[on, the City Attorney pre~ented draft of Ordinance tirecti~ Trustees off the Roanoke ~y~tem to accept resignations and direct[~ the ~reasurer to refund contPibutions; ~hereupon~ Hr. ~oun~ offered the follo~ ~ ~m~r~ency Ordinance: (Fl1778) A~ O~I~NCE aut~ri~ a~ directi~ the Trustee~ of the E~ployees~ ietlre~ent Sy~te~ of the City of Hoa~ke to accept the re~iEnation fro~ me~ershtp ~aid Retlre~nt System of ~1 deputie~ ~d employees of.the con~tltutional oF~ce ~he Sergeant of the City of Hoanoke; directinC the Treasurer o~ ~aid Employee~ ~et[remen~ System to Forthwith re,nd to each of ~aid Fovme~ me~ber~ off ~ald Retireme~t ~y~tem his or her contrlbuSion~ thereto, to~ethev ~th interest at 2~; and ~or ~n emerge~y. (For full ~ext of Ordinance, ~ee Ordinance Book No. 19, Page 330.) ~. You~ moved the adoption of ~e Ordinance. The motion was seco~ed ~. M~n~on and adopted by the following AYe: Messrs. M~nton, Wald~p, Woody, Young, and ~he President, ~. Webber-5. NAYS: None ........... O. The ~ Attorney alao presented ~n %h~s s~e co~ectlon an emergency esolutlon revoking Resolution No. 11366; ~ereupon, ~. Minton offered the follo~n - (~11779) A ~SOL~ION ~evokin~ Resolution No. 11366, ~opted by Council for he C~ty 'of Roanoke o~ the ~Sth dray of Feb~ary, 1952, advising the ~oard of Trustee the V~rg~nia Ret~re~nt System %~t ~he Council 'of %he City of Roanoke does not sire Old A~e and Surv~vor~s In~r~ce coverage for ~%s e~loyees; and providing for (For full text of Resolution, se~ Ordinance Book No. 19, Pege 331.) .1.62 Pr. Nlnton moved the adoption of the Resolution. The ~otion was seconded by Mr. Waldrop an~ adopted by the followi~ vote~ A~ ~ssrs, Mlnton~ W~drop~ W~dy, Youn~ a~ the President, ~. Webber-~ ~Y5= None .......... O, In furthe~ reference to the matte~ ~he City Attorney presented an e~r~enc] Resolution advising the T~stees of t~ Virginia Retirement System that ~e Council of ~e City of ~oan~ke desires Old A~e and ~uPv~vo~s~ l~ance coverage For all e~loyees who are ineligible for membership In the ~ployees~ ~ettrement System the C~t7 of ~oanoke~ ~er~pon, ~, You~ offered ~e following as In e~rgency (~11780) A RF~O~TION advisi~ the Board of Trustees of the Virginia Retirement System that the Cou~ll of ~ Cft~ of Roanoke desires Old A~e and ~mvivo~s~ Insu~nce coverage fo~ all Ho~oke City employees ~o are ineligible for ~er~hlp In the ~ployees~ Hetirement System of the City of Ho~okel and ~rov!din~ (For full text of ~e~lution, see Ordlna=e ~ok No. 19, Page 33~.) ~. You~ moved the~optlon of ~e Resolution. The motion ~s seconded by {{ Y~. Min~ .... d ~opted by the ~ollo~i~ rot,: A~S: ~.~e~srs. ~nton, W~ld~op, Woo~, Your&, ~d the President, ~. requested to p~are pro,er Ord~n~ce~ accept[n~ the offer of Dr. Oeor~e B. Lawson to =ell a small area of la~ at the ~ntersectfon of Fra~lin ~osd ~d Brandon Avenu S. W., the City Attorney uresented sm~e; hereupon, . f p moved that the followt~ Ordinance ~ nlaced upon its first reading. The motion was seconded by Woody ~d adopted by the following vote: A~S: Messrs. Minton, Wald~p, Wo~y, You~, and the President, ~. Webber- NAYS: None ......... O. (~11781) AN ~DINANCE accepti~ the offer of Doctor George B. Lawson to ~ell ~d convey unto the City a small area of land located at the intersection of Franklin Road ~d Brandon Avenue, S. W., a~ authorizing a~ d lrectfng the proper City oeflcials to do the necessary In ~e premises. %~FAS, Doctor George B. Lawson has aEreed In ~lttn6 to sell and convey unto the City a small area of land situated at the intersection of Fra~lin Road and ~randon Avenue, S. W., In the City of Ro~oke, Virginia, to be used in connectio with the proposed ~id~ing of Fra~lin Road, for ~5C~.00. T~ER~0RE, ~E IT ORDAI~ by the Council of the City of Roanoke as follows{ 1. That the written offer of D~tor Geor[e B. Lawson to sell and convey the City of ~anoke, fop use In the proposed widening of Prelim Road, for the of ~500.00 ca~ the following descPlbed real estate, viz.: BEGI~I~ at the present northeast corner of Pre,lin Ro~, 5. W. 80.0 feet wide) a~ Brandon Avenue, S. W. {now 60.0 feet wide), for~rly First Street;the=e wl~ ~e present east line of Ave~e, N. 29= 00' W. ~.53 feet to a point on s~e; thence leaving ~ra~on Avenue ~d with a curved line to the left an arc distance of 1~.~6 feet to a point on the east ll~ of Norfolk ~d Western R~lway Comp~y's Belt Line, radius of said curve ~ing 20.0 feet with a chord bearing a~ dist~ce of S. h6~ 15' E. 15.08 feets thence with s ~, S. ~ 17' E. 13.6 feet to a point on the north line of Prelim Road; the~e with sm~e, S. 37~ 22' W. 7.6 feet ~ the place of ~GI~INO, containing lhO.O squa~ feet, more or less{ bev and the ea~e le hereby~ accepted, ~, That the City Attorney be, and he is kerebyw directed to make Or.cause t¢ be made the requisite examination o~ tltle to the ~o~esaid real estate and, if It be dete~lned that Docto~ Ceor~e B, La~son~ or the record o~r thereoff~ may convey a marketable Fee simple title thereto ~ the City off ~oanoke~ to prepare a proper deed off b r~ain a~ sale In the p~emises and pre~ent the e~ to the said o~ner Fo~ execution and delive~ ~ the City. 3. That the City Auditor, upon belnF ~plied a certificate o~ tltle, b~ the~ City Att~rney~ ~ho~In~ said land to be free of liens a~ enc~brances a~ al~o the ebovementto~d deed of bargain a~ sale~ properly executed by all parties havl~ interest In the aforesaid la~, conveyinC the s~me unto the Clty lnfee s~ple a~ with covenants of GEN~RiL ~ARRAB~Y a~ modern english, and In form approved by the City Attorney, be, a~ he ~s hereby, authorized ~d directed to issue a City vouche~ In the am~uat of $500.~ a~ deliver such v~cher to Doctor George B. aw~on, or the~ par~[es entitled to said ~t~, In exchange for such deed. The Ordlr~nce havi~ been read, was laid over. WATER DEPA~M~T-GHADE ~OSSING: The ~lty Attorney having~en requested to the p~per Resolution au~orlz~ a~ dlrectln the at D ' prepare ~ g Tf er epar~ment ~ perfo~ certain services ~ cha~es In the dl~tribut~on system o~ the Water Department made necessary by the construction of ~he Jefferron Street Grade Cro~3~nF Elimination Viaduct a~ Project, the CityAttorney presented the sa~e; whereupon, ~. Minton offered the follo~inc as an emerge~y ~asure~ (~11782) A RF2OL~ION ~thorlz[~ and directi~ the Water Department to perfo~ certain services a~ cha~es In the distrl~tion system made necessary because of the co~t~ctlon of t.-~ Jefferson Street Grade Crossing Elimination Vladu:t and P~Ject; ~d provldlng for an e~rEency. ,For ~11 text of Resolutl ...... O~inance ~ok N.~el9,~ ~:~eas e333~)' ~. Minton moved the ad~tlon of the Hesolution. t w conded by Hr. Young a~ adopted by the following vote~ A~S: Messrs. Minton, Wald~p, Wo~y, Young, ~d the President, ~tP. Webber-~. NAYS: None .......... O. MOTIONS A~ MISCE~kNEOUS TR~IC: Mr. WA drop brought to the attention of the City Manager a courtsey card used by the Cool.ton Ch~beP of Commerce in co.eot[on with park~ violations and ~ggested that the City Mans~eP consider s~ make reco~endat{on to Council the ga~ns ~d disadvantages of such a courtmey card for use ~n Roanoke. ROANOKE G~ COM3A~-FRANCHISE~ M~. Young stated that since the co~ttee appointed to negotiate with the Hoa~ke Gas Cozp~y for a new franchise has bean discharged, Council should meet with the representatives of the Gas Company at acne eaPly date ~ moved that ~e City Clemk be i~t~cted to invite repve~entatives of the Roa~ke Gas Co~a~ to meet wt~ Council at 8:00 o'clock, p. m., April 29, 1953, for the pu~ose of discussing a new gas franchise. The motion was ~eco~ed by ~. Woody a~ un~imously ~do~ed. P~S A~ P~YGROU~S: ~. Minton requested the City Manage~ to look into tke possibility of securl~ additional tables for E~reka Park in the no.thc, est section of Hos~ke. ~he City ~geP advised that he would t~e ca~e of the request at once. :t63 There being no ~urtheP business, Council adjourned° APPROVED COUNCIL, I~OULAR The Council of the City of Roanoke ~et in reEular meetin~ In the Circuit curt Room In the H~niclpal Building, Honday, April 27, 1953, at ~IO0 oaclock, po m. the regular meetlr~hour ~Ith the President, Hr, ~ebber, presiding. ~R~$E~T~ Heesrs. Mlntona ~aldropa ~oody, YounE, and the Presidents Hr. Webbe AF~E~: None ............O. OPPICERS PRESEI~: fir. Arthur S. Owens, City Mane~er, Mr. Ja~es R. Kincenon, Assistant to the City Attorney, and f~. HsrryR, Yates, City Arbiter. The meeting was opened with a prayer by the Reverend Jo L, Ceppock~ Assistsn Pastor of the Pirst Presbyterian Church. MI~'TES: Copy of the minutes of the r.gular meetinG held on Monday, April 13 1953, having been furnished each m. ember of Council, upon motion of 14~. Woody, second by Mr, Young and unanimously adopted, the readying was dispensed with and the minute !apuroved ss recorded, JUNiON CHeeRER 0~ C0~.9[~RCE-STUDEET GOVERN}~I~ D~3: Council, at the reouest of the Junior ~hanber of Comsuerce, having heretofore established the policy of Studs iOover~ent Day for the three high schools in the city, and the City Manager herin8 designated April 27, 1953. as Student Oovcrn=.nt Dmy for William Flemlnc_ High School, the President, Mr. ~ebber, welcomed students serving ss Mayor, Councilmen, C~ty JMana~er, City Attorney, Ctty Auditor and City Clerk, as ~ell as other students who were present, and each studeut sat beside the respective official he or she repre~en~ed during the Council meeting. RFARINO OF CITIZENS UPON PUBLIC ~TT~RS: STRKETS ;!~ ALLFYS: Mr. T. L. Plunkett, Jr., Attorney, representinG i4r. and ~s. ~. R. Metz, owners of property located on the northwest cornem of ~uEby Boulevard Fifteenth Street, N. ~., appeared before Council, advisin~, that the property of h~s client has a garage at the rear ~ ich encroaches 2o9 feet on Fifteenth Street, N. W.~ !sceordtr~ to a recent sizrvey made by Randolph H. and Mildred C. Grsyblll, and presented ia petition requesting Council to waive the encroachment, alon~ wl~h draft of an !Ordinance permlttin~ the encroachment. After a discussion of the requost, Mr. Young moved that action on the matter be deferred for one week and that the Ordinance be redrafted by M~. Plunkett, subJec~ to the approval of the City Attorney, to Include & provision that the garage will be rezoved from city property u~on proper request from the city. The motion wes second!~ by F~o Minton and unanimously adopted. PETITIONS ;~D ZOHI~: A petition fro~ Mrs. Virginia Crawford T~ck, 1117 Fafrfax Avenue, N. W., asking~ that her property located on the north side of Falrfax Avenue, N. ~etween Eleventh Street ,nd Twelfth Street, and runnln~ through the block to Moorman ~oad, described as Lots ~, 5, 6 and 7, Block 5, Melrose Land Company Map, Official ~o. 211010~, be rezoned from General Residence District to 5usiness District, was before Council. 0n motion of F~. Minton, seconded by Mr. ~aldrop ~nd unanimously adopted, tht ~equest for rezonln~ was referred to the City Planning Co~r~ission for study, report tnd recc~,endation to Council. 't65 1'1'66 ~ONI!~: A petition from Hr. John Strlckler, Attorney for Co F. Kefauver and J.'H. Fralin, o~ers of Lots 13-23A~ inclusive, Block 3, William Fleming Court fronting on the south aide of Angell Avenue, N. W., and Lots 13-32, inclusive, Bloc WllliamFleming Court Hap~ fronting on the north aide of Angell Aver~e~ N. W., and the south aide of Wentworth Avenue, N. W., requesting that the above property be resorted from Gen&ral Besidence Dlst~lct to Business District, was before Cour~ll. On ~tion of Hr. ~dro~, seconded by Hr, Woody and unanimously adopted~ the request for resorting was referred to the City Planning Co~nisslon for study, report and rece~endation to Council. ST~REETS'AhD ALLEYS= A p etltion signed by twenty-n~ne property owners and taxpayers requesting that Hanover AvenAe, N. W., between Fifth Street and Eighth Street, be paved and repaired, was before Council. On motion of Mr. Young, seconded by Mr. Woody and unanimously a~ prod, the request was referred to the City Manager for study, report a~ld recommendation to Council. WATER DEPARTMFNT: A petition signed by eIchteen r eslde~ts of Ray Road, S. livlrg in the 1000 and 1100 blocks, requestin~ that the City of Mo~noke extend the water main now being installed in a portion of Ray Road to include their property and stating that they are in urgent need of water service, promising_, to accept the city water service as soon as it is offered, was before Council. I tht o t fi Cia d Eev 0 Ra R ' n s c nnec ion, rs. u e ' a er, 1 13 y end, S. E., appeared before Council and stated that the service now being received fro~ the Plunkett' water system~ is not at all satisfactory, and urged that the city take sene i~edlate steps to furnish city water to the residents along Ray Road. In a further dlsc~sston of the matter, the City Man~ger advised that he ~ould like to have a comeerence with Council in connection with the small water companies; whereupon, Hr. Minton moved that the request to extend the city water main be referred to the City Man.car for study, report and recom~endatlon to Cou~ Il. The ~otlon was seconded ~y Mr. Young end unanimously adopted. HOUSI5G: The 'following co~unlcatlon from the Roanoke Real Estate Board, reaffirming its opposition to any further program, in Roanoke on the part of tBe Roanoke Redevelopment and Housing Authority, a'nd also ~equesting that certain Ir~ormation be furnished and made public, was before Council: "April 18, 1953 City Council of Roanoke Municipal Building Roanoke, Virginia Gentlemen: The Roanoke Real Estate Board wishes to reaffir~ its opposition to any further program whatever in Roanoke on the part of the Roanoke Redevelop- ment and Rousing Authority. This, regardless of whether hbo progr~ is public housing, slum clearance or redevelopment. The Real Estate Board further requests, for the information of the public, that the following facts be made p~bltc: First, Just how much has public housing cost the City of Roanoke to date how long will it be, based on acallable estimates, before the City begins. receiving actual cash money in the form of ten per cent of shelter rents? It is now our understanding that what [he City recelves ls being credited the cost of certain expenditures made by the housing authority and the City. Secondly, as near as it possibly can be calculated, Just how much the propos redevelopment project would cost the Federal taxpayers and how much the It is our understanding, of course, that any mgney the City would 'save' to various credits ~ uld be additional payments for the Federal taxpayers tc make, Very sincerely, ROANOKg RE~L ESTATE BOARD, (Signed) By J. Tate Brown, Prestcent (Signed) By L. Elwood Norris, Secretary" · · In · discussion of the letter, it vas brought out that certain costs and fitnires are not available et this tine from the records of Council since the Housln~ Authority has submitted only one report to Council of payments In lieu of taxes on the projects. On notion of ~r. Young, seconded by lit. Waldrop and unanimously adopted, the City Clerk was requested to furnish the Hoanoke Real Estate Board with a copy of reports presently filed with Council and to advise the Board that other lmeoraatiOn will be Furnished as and when the sa,?~ becomes available. Also in this conr~ction, a co.~munication from Mr. R. O. Culbertson, 18h Lee Avenue, N, E., calling Council's attention to the City of Roancke Housin~ and HyFlene Ordinance, stating that in his opinion If the Ordinance w as properly enforced and the necessary help ~nd backing ~s given in the enforcement of the Ordinance, it would be unnecessary for the Authority or Federal Government to do arrythln~ in connection with eliminating slum areas in the City of Roanoke, w as before the body. On motion of Iir. Waldrop, seconded by Mr. Minton and unanimously adoDt ed, the City Clerk ~.9s requested to send each member of Council a copy of }ir. Culbertson's letter and to place the matter on the agenda For May ~, 1953. Rr~$0RT$ 0~ 0~FICERS: PAPKS AND PLAYGROUNDS: Council havim8 previously referred the request of the ~ashlngton ~ielF!ats Civic League that considerat ion be given to other sites for a park and playground in the Was!~lngton Helghts area, to the City ~anager and the Cit: Plannln& Co,,~misslon, the City }lane;er subnitt ed written report stat ln~ that a surve~ of the area has been node by the Recreation Department and that he comcurs in their reco:m~e~datlon that either the land located on the southside of Melrose Avenue N. Just east of the city limits and now beln~ used ,s a gol£ driving range, or that land known as the Densmore property which includes approximJtsly ten acres, locatedli in the northern part of WashinFton Hei~-hts, are the most suitable areas for a park On notion of Mr. Woody, seconded by gr. Ealdrop and unanimously acopted, th report was flied and the matter taken under advisement for fu~.ther consideration. TRAFFIC: Council having previously rcferred to the City i'~an~ger the request of five merchants .on Salem Averne, ~. E., between Jefferson Street and Wall Street, i[ that parkir~ meters be removed fro~ the south side of the block and the area designated for loadln~ and unload inc, the City Harmger submltted the follow, nm April 27, 1953 To Aha City Council Roanoke, Virginia You referred to ne on April 6, 1953, a communication from five merchants on Salem Avenue, requesting the removal of parking meters in this ares. FeelirlF that this step night be in cor~lfct with the future traffic It should be ready directly after May 15. Respectfully submitted, (Signed) Arthur S. uwens City ManaEer The report was filed. ' '168 P~S AI~ ~LAYGR~IhI)S= ~r. Ira J. Womaok~ chairman of C~ncll~ haul. appeared before Council at tt~ meeting on April ~0. 19~. a~ calla Council's attentlo~ to needed i~p~vementa to the ~ashln~ton P~k ~hi~ tl~e the City H~e~ stated ~ ~uld m~e an lnve~ti[etlon and ,that ~e pool ~uld be ~ade ~a~e before bei~ o~ the City Hanage~ su~ltted the follo~Ir~ report: "Roanoke, Virginia April 27, 1953 To The C~t2 Council Roanoke, V~rglnla. Gen~le~n~ The~ appeared before you las~ Mo~ay a citizen ~ was concerned you referrad ~o ~ ~o~ s~u~y and murray ~he ~en~leman,s p~posals. wl~ h,~l~y tha~ I a~l~ the c~zen was en~rely The area ~ere ~e wire ~s located, as he co~ented, dangerous. Our sta~ surveyed ~e pool o~ ~ednesday~ that we be pernitted to name some budget transfers in order that the operation of this area ~I11 be a credit to the co~unity. I think the p~posal and drawing I will submit to you are practtcal; and we can accon%l this ~rk In twenty days. Respectfully su~ltted, (Signed) Arthur S. Uwens City Manager" Also in ~ls con. etlon, the City Hanager subnltted the followin6 co~;unics, tton fron ~e Director of Park~ a~ Recreation: "CITY OF ROANOKE Interdepart~nt Comnunicatlon DATE: April 23, 1953 TO: Arthur ~. ~ens, City FH0~: Robert P. Hunter, Director of P~ks and Recreation There is, In Capital ~tlay Account of the General ~nds, an tte~ cf t6,000.00 for Storage and Toilet Pacllities at ~reston Park. It will be l~possfble for this department to ~nplete ~he construction of these f~cilitles thls year for several reasons: 1. The projected co.unity building would incorporate these facilities 2. The land must be brought into grade, and It is impossible, at this tim, e, to foresee Just when gradin6 can be acco~nllshed. Accordingly, It is requested that ~he sum of ~{1,~0.~ be deducted fro this Accost and trarmfer~d to S~t~i~ Pool Repairs, ~shingtun ~ark. Th~ rematnfn6 fi,00C.OO should be hold for gradin6 and seeding Preston Park this fall. Your concurrence wl~ this ~est will enable this department, and ' the Director of Public ~orks to accomplish the work at the si{imping pool. (Sl6ned) R. P. Hunter Director" In a discussion of the matter of tra~ferring the funds from monies set aside for the lmp~vements to Preston Park, ~. Minton a~ Mr. Young expressed the opl~on t~t the ~oney to cover the cost of improvem~nts should be appropriated from the Oene~l ~nd and not transferred from the money already appropriated for improvements to another park since In ~is case the Wa~hlngton P~k co~ession income will offset the cost for i~urovement~; ~ereupon, Mr. Minton offered the following emergency Ordin~ce: (~11783) ~t CRDIFANCE to ~me~ and reordatn Section H~3, "Departmental EqulFment a~ Improveaents", of the 1953 Budget 0rdin~ce,. emergency. ~, Hinton moved the edoutlon of the Ordin~nco. The motion Ne seconded by p~. ~oun~ and aC p~ed by the following vote{ AYF~{ Eesers, Hinton, ~aldrop~ Wood~ ¥ou~, a~ the Fresident~ ~. ~ebb~-~ N~XS~ None ........... O. STA~HIGHWtYS %ITHIN CITY LIM~$I The City ~n~Ee~ ~u~itted the followi~ report in co~ction ~lth scquirl~ lands for the ~ldenl~ of He~hberze~ To The City Council Roanoke, V~lnia I reported to you at our ueFulau ~eeti~ on April 1], cost eatlmatea ~ othe~ i~fomation concernln~ Heu~hber~e~ Road; and at a conference on April 17, the City Attorney advised that a bona Fide oFFer ~st be made to these p~perty o~ers before coMe.etlon p~ceedln~m can ~ imtituted. I have had the p~opeuty ap[raised and ~ub~it to {ou the ~pralseus~ estimate of co~t ~ da~Fes. ~he lssist~mt City Attomney ha~ prepared thm necessary ordinance{ and I t~st it ~lll be you~ pleasure to authorize me to n~ke the~, offers. Respectfully submitted, (S~gned) Arthur S. Uwens ~lty ~'~anager" Mm. H~nton offered the followir~ emergency Ordinance as prepared by the Assistant City Attorney: (~11~84) AM O3DINAECE prov~ding for the acquislt~on of certain lands necessa~,y for the w~den~nF of Hershberger Road, N. W.; provid~ng for the purchase price thereof; a~ ~rovidl~ for an emergency~ (For full text of Ordinance, see Ordinance Book Eo. 19, Page 335.) ~. M~nton moved the adoption of the Ordinance. ~n* motion ~s seconded ~y Mr. Waldrop and adopted by the following vote: A~S: Eessrs. Minton, W~ldrop, Wo~y, Young, ~nd the Eresldent, ~(r. ~ebber-5~~ NAYS: None ............ O. WATER DEPART~;~-CARVI~ COVE: ~ounc~l at its meet~n~ of July ~8, 195), hav~ng adopted a Resolution advising the Vlrglnis State Department of Highways of the city's w~ll~ngness to bear one-half of the cost of inprov~ng the road from U. S. H~ghway Route No. 11 to the City of Roanoke property known as Carvlns Cove, ~e C~ty ~ana~er ~resented the following progress report on the lmD~vement: "Roanoke, V~rg~nfa April 2y, 1953 To The C~ty Co.oil Roa~ke, VSrgfnia Gentlemen: A port~on of the Carvins Cove Road has bee~ completed by the State Department of Hi.ways; a~ I am advised t~t they r~ out of asphalt but will complete the ~ob ~n two weeks. I~ediately ~ter their ~ork completed, our Director of ~blic Works advises me that the City will co~lete its part of the road and m~e necess.rv ~mprovements ~o the parking Respectfully ~Itted, (Sf~ed) Arthur S. ~ens City ~an~ger" ~e report was f~led. ~AT~ DEPART~T: The C~ty of Roanoke ~ater Depart~nt havi~ for years run,shed water from a two ~nch meter located at Water Road a~ Marshall ~n V~nton' to residents located in the Blue Ridge He~ts Section of Vinton, the C~ty ;{anager submitted the followi~ ~port with reference to the City of Roanoke rellnqu~sh- ng its r~ghts to furnish water to the clt~ze~ of the Blue Ridge Heights section and ermitting the Town of Vlnton to furnish water to sa~d citizens: .170 of a conference which representatives of the City ~md the citizens has concerning the need for water improvements [n this area. The co~lttee has submitted the £ollowlng recommendation to Hr. Ruston which I would like toread to you; and I m~ of the opinion that we ~hould reach a decision On this as soon as possiblet tVATE5 CO~ITTEE FLUE B~E H~IG~S (East of Vlr~ton~ ~lrginia} Er. O. H, Ruston, Manager City of Bo~oke ~atev Department Hoanoke, Des~ Hr. Ruston~ At the co~e~nce held in ~e City Hanacev% Office, Tuesd~y~ April ~1, It was a~re~d that this conntttee ~ould offer a proposal tn ~rltlnc to the Ro.~n~ke ~ter ~epartzen~ ~ereby the re~Ident~ ~Is area would pay in full the =cunt due For p~st water consm~ption a~, st the sm~e time, F~titton {he City of Roanoke to permit the To~n of ~inton to =ell ~ter to this ~r~p, ~e proposal is ns follo<s: This co~lttee hereby ~crees to pay the water bill due the City of ~o~oke ~fater ~e~rt~ent from July ~, 19~P, thrcurh April 30, 1953. Th~ payment will %e made promDtl~ upon receipt ct the revised bill~nF fron the Roanoke De[amtment, which will include-the month of Provided that: The Ci~ of Roa~ke will s~ree to relinquish its rights to furnish water to the citizens of this area of April 30, 1953, .~ pern~t the Town of Vlnton to furnish water to said citizens beginning }i~y 1, 1953. Pu~ther, that the City of noanoke [nst~l a six-inch meter UPOn 8 toeatton to be designated by the Town ~:R~feP of the T~wn of ~nton a~ the ex!e~e of the To~ of Viqton at an agreed coat. It is further afreed that the City of Roanoke will bill the Town of ~lnton monthly fop the wate~ consu~d throuch me,aP b~ adding s~e to the overall co~u~tton of the To~ of Vfnton at the ex~atlng ~ate ova rate that ts de%e~mlned at the conclusion of the p~esen~ l!tlCatlon. A~ furthep, that the City of Roanoke advise the To~ of Vinton and this co~n[ttee, tn w~t[nF, of its ~reement to the above co~ftions. Fom your i~orl~ation a~ assistance in ha~lin~ th~s matte~, I am enclos[nC a copy of letteP and ~z~eemen% sent to this committee by the Town of Vinton wht~ sets forth tn more der ~1 what we hoFe to ~f this p~posal is accepted. Yours t~ly, Chai~an~ I a~ convePsant with t~ ~Ifica%fo~ concev~l~nF this proposal; howeve~ I a~ au~ftttng It tO yOU fop yOUr ce~derat~on; ~d ~C ~t contraconven%lo~ to the existtn~ legal stnnd, I w~ld recommend i~s acco~plish~en%. Respectfully submitted, (~Igned} AvthuP S. ~ens City In th~s connection, the Cit~ ~tanagev also su~ltted a co.un, ca%ion fvom the ManaFeP of the Wa%er Depapt~nt transmitting copies of ~wo letters f~om On motion of Hr. Rlntonm seconded by Hr. Young, and unaniaously adopted, the matter was taken under advisement. SEWE~S~ The City Hanager submitted the following report and proposal.in connection with the request of several property owners, located on ~lllianson Road the area north of the city and out to the Junction of Route No..II? to Salem; "Roanoke, Virginia April ~?, 1953 To The City Council Roaroke, Virgini a Oentlemenc Several property owners, located on ~llllamson Road in that area to the north of the City end out to the Junction of Route 117 to Salem, have submitted the following proposal to the Cl~y of ~oanoke concerning their des to constr~ct a sanitary sewer system and attach it to the City of RoanokeI existing system~ IPROVIS]O~fS O? PR0tOSED AORE~W-~;T 1. The p~oposed syste~ to be installed in accordance with plans and specifications having the approval of the City. 2. Ail necessary easements end/or rights-of-way to be obtained by users 3. Only structures on property zoned for ~usiness use to be allo~ed to connect to the system unless specific m~thority otherwise is granted by the City. h. All construction costs to be borne by the users. 5. Inspection of construction to be by the Cit~ to the extent desired. 6. The system, when completed, to be deeded to the City. 7. The system will be maintai~ed and operated by the Cit~ and maintenance and oreration costs, after the system is de~ded to the City, to be borne by the City. 8. Connection charge for any connections other than from structures on the followir~ listed properties sh~ll be ~50.OO (Two Hundred Fifty Dollars) per family living unit for residences a~ for businesses shall be ~i,OCO.OO (One Thousand ~ollars) plus ~50.00 (Two Hundred Fifty Dollars) per bathroom for each bathroon in excess of two. 9. Costs of connections shall be borne by the property owner. 10. A per~t ~o connect will be obtained from the City before a 11. 13. The City will not issue a permit for a connection until a statement from the "Users" (or their appointed representative) is received by the City, stating that the proper connection charge has been paid. This provision to run for ten years frcr~ the date of this agreement equal to total construction costs, whichever is sooner. The besls of sewerage service charge to the "Users" to be the same percentage of water bill (actual or co~parable) as customers within the City except that said water bill will be increased by ~5% befor, computation of sewerage service charge as long cs the properties of the "Users" are outside the City. Sewerage service charge to others than the users to be by agreement between the City and the others.~ You adopted a resolution which authorized my office to negotiate with corporations, groups, or indivlduals in regard to attaching to the sewer system; but I am inclined to thinP this proposal is one which should be discussed thoroughly with City Council. I know the City of Roanoke and its officials want to cooperate with political suhdi~lslons; and most certainly we are interested in the orderly growth and development of those sections on the outside of the periphery of the City. Thl~ area needs assistance; and I would be reluctant to either racom_mend or deny the request until I have discussed it with you gentlemen. Respectfully sub~itted, (~lgned) Arthur S. Owens City Manager" In this connection, Mr. Gilbert L. Mattern of the EngineerinE Firn of ~syes, $eay, Mattern and Mattern, and Mr. ~. A. lngram, appeared before Council and advise( that the plans and proposals were for the purpose of furnishing sewers for the business areas only. 171 After a diecuealon o£ the matter, Hr, ¥our~moved that copies of the ~roposs be furnished to Council members and that the request be placed on the aFerda for Hay ~, 1953. The motion was seconded by Mr. ~aldrcpand unanimously adopted, S?R~rETS AB ALLEYS: The request of Hr. Ralph Ao Glaegow~ Attorney~ that Roanoke Ave n~e, $. ~., be extended to the west across the Yirulnisn Railway tracke~ havlr~been referred to the City Mar~Fer and to the City Plannir~ Cor~lselon, the iClty Man.er presented the follow[nE report: April YT, 1953 To The City Council Rosnoke, Virginia Mro ~alph &. Glasgow presented to you on April 6 a co~unicatioo requesting thst the City extend Roar~ke Avenue to the west to cro~s the Virginian railway tracks. I was authorized to secure the cost which is ~00o~0; however, feeling that this i~ an ~r~su~l case, I h~d the ~lty Atterney and the Ae~istant City ~ttorney to make s ~urvey of the propesalo T~e letter l~ a very interesting opinion By the Legal Department; end the crux of it could be su.~uarlzed in the final para6raph which I would like to quote= ~uu~arizin6, ~e would respectfully suggest that you advise ~r. Glasgow that you feel that he is equally capable of ~$s,rt~n~ any richt~ aFains~ the railway company ~hich may exist and that, unless ~!ty Council dlrect~ otherwise, he alone ~hould undertake to do ~o.~ · Respectfully subm!tted, Arthur $. Owen2 Action on the remort was deleted pend 1ng a report from the C! tF Planning estimated cost for apolytn~ liquid asphalt treatment to Bo~uan Street, N. W., he iiadvised the body that the cost would be approximately %8~0.00. Action on the matter was deferred until all of the street projects for 1953, ilae submitted informally by the City Manager, are discussed. STREETS AND ~LEYS: The City Manager submitted the following additional repel "Roanoke, Virginia April P7, 1953 To The City Council Roanoke, VfrFinia Oentte~en: In furtherance of your directive to analyze more carefully the proposal to remove the island on ~Ielrose Avenue at Lafayette ~oulevard, ! have had disinterested groups in the City Gover~nent, as well as our o~ officials to carefully analyze the proposal. We again affirm our position that the should be reduced but rot removed. Respectfully submitted, (~Igned) Arthur $. Owens City Manager" On motion of ~. Minton, seconded by Mr. Waldrop and unanimously adopted, recommendation was concurred in. Bb~GET-POLICE DEP~ETKEN~: The City Manager submitted the follo~dng letter from the Super!~tendent of Police and advised that he concurs in the request and would llke to have aut~orlty to transfer ~,PO0.O0 fro~ the ~,300.00 alread~ ~n the Pcltce Department ~udget Account #60 under Wages: "April 10, 1953 }ir. Arthur ~. ~wens City ~ane~er Roanoke, Virginia Deal' Sir: Co.~tmunicatlons Officer W. H. }~lllns, Jr., ~o was granted a leave of absenc~ effective October 15~ 19~, to enter the United States Havy has served the required time a~ he requests that he be rel~tated on May 1, to his p~sitiun In the ~eFaut~nt. k~il~ }~. Eullins ~as in Naval ~ervic~ his Fosition ~ss filled b~ Alfred ~eckl~y, J~. ~e Uo~unlcation~ ~Ivllion has sn extensive ~ouk 9uoCu~ this 7e~u and ~e ~ld ueco~ne~ that Ku. ~eckl~y be retained on the ps~oll for the ue~al~eu of the year at his present ~onthly ~ilauy of ~7~.00, It has been our p~actice to hire durl~ th~ m~,e~ ~nths t~o teaFoua~ comaunlcaticn~ officecs and I~,3~ ~s ~en apFro~ulated In our Vase Accost ~ou th{s pu~ose, i~ ye are pe~Itted to ~tain the service o~ Hr. ~eckiey the t~,]~ apFro~rla~ion can be u=ed ~nd .the teapor~y coa-anication officers ~lll not be hired this year. Assu~ln~ you that your ap~Poval oF ~e plan ~ill be =pLreclated, I ~ Yours very truly, ~Signe~) F. H. Webb Captain F. ~. ~'ebb Super~n~en~ of ~. H~n~on moved ~ha~ Council conc~ ~n ~he recommendation o~ ~he Manager and ~at the City Attorney be requested to p~pare the necessary measure for the next re~lar meeti~ of Council, p~vtdi~ for the transfer a~ salary at pea month for th. ~ai~er of this year. ~e ~tion was seceded by Mr. !.~o~ and un~nlmously adopted. HF~0RTS: The City };anager subaftted written reports ~om the De9artnent Public Works ~n~ the }lunic!pal Airport for the month of Karch, 1953. The reports were filed. RF3ORTS CF C0}L~ITTEES: No~. US~INISHED ~SINF~S: ZONING-CI~ CODE: A public hearl~ on ~e question of amendi~C and reordslni~ Sections 6 and 7, of Article II, and also Sections 14 a~ 15, o~ Article III, ~apter 51,. ZoninF, of the C~e of the City of Roa~ke, havi~? been held s~ action deferred until the p~sent ~etinf, the matter %,as again before the Councils whereupo[n~ I~. Wald~p moved that the City Atrophy predate ~e n~cess~y Ordin~ce anending reordaintn~ the sections In accordance with the p~pos~s su~itted at the public he,ri~ a~ to present same to Council at its ne~t re~lar acetiC. The motion was seceded by Mr. Woody and unanimously adopted. %~AT~R DEPARTi~YhT: Council at its meetinf on April 20, 1953, havi~ deferred S. W., and havf~ requested the Water Departzent to ~rnlsh Council the cost exte~i~ a six-inch main a~ t~ cost of extendinF a twelve-inch main, the matter was again before the body. In this con~ction, the City Clerk br~fht to the attention of Council the follow~ng com.~nicatlon frgm ~e Manafer of the Water Depart~nt[ "April Z3, 1953 Mayor ~oy L. ~ebbeP Cou~llman A. R. M~nton Councilman John B. 'Waldrop Counci~an Robert W. Councflzan ~'alter L. ~ou~ Gentlemen: Pursuant to your request of April 22, I a~ attachir~ herewith a map showinE the ~ea of Patterson Ave~e west of ~rid~e Street that is in questf( 173 The Water Department now baa under contract the layinG o~ a 12e water main by the entrance to this section of Patterson Avenue, A 12' connection will be left in this line for extension down Patterson Avenue. Due to the nature of type of business that will eventually occupy this property, First- class fire protection is a ~ust, ~"nen theara is entirely built up, there shouid b, a 12' water main do,n the arrest asa'~uld Judge that an viii be equipped with automatic sprinklers and will require 6~ services, The ~ater Department is facsd with the problem of, say, layir~ a main do~nthe street to serve one piece of property adequately, then as additional properties are built upon flndin~ the main inadequate in size, There ia approximately l~O0 feet of main involved, Estimated costs are as follo~sl 1~00, o£ 6" g ~3. O0 The~ater Department would received $].?~ ~er neath chsrge fire meter ar ~.00 per yea~, the se~e ae for a flre hydr~nto Should there eventually be 1~ Fire services on the llne, the yearly Income would be ~ ~o00 - ~0.OO per year. ~espectfu~ly aubnltted, (~l~ed) G. ~. Ruston ~amager" After a discuss!on of the -~tter, ~r. ~lnton moved that action be deferred and that the ~ater Depart~nt ~urnl~ Council more detailed lnformatlon in connectl, with the request for water services aa to ~o is ap~lylnF and on what proposal or basis; also, that the ~ater Department contact other o~nera of land borderlnF on the street to ascertain if they will p~tlclpate In the exter~len costa of a l~-lnch The motion was ascended by Mr. ZounF and unanimously adopted. STADIt~: Council at its regular meeting of April PO, 19~3, baying deferred actlon on the wrltten report £ro~ ~r. Clyde Coeke, Chairman of the Stadiu~ Advisory Committee, in connection ~ith certain proposals for l~prove~ents and chan~ea at Vlctoz-yStadlu~, the ~atter ~as again before the body. ,t being the opinion of touncll that more. time should be given to study the proposal, action on the ~atter ~as deferred until ~ay l~, 19~. ST~F-~T I~ROV[.~ETS: Council at its regular ~etfn~ of April ~0, 19~3, deferred cotton for one ~eek on t~e question of a~ardlng the contract for street improvement on Fifth Street, No ~., the matter ~aa again before the body. I~ this connection, the City ]~anager advised that he has contacted the of property on the east side of Fifth ~treet to ascertain if they ~ould participate in the coat of conatructin~ curb and gutter, and ~tated that none of the pro~erty o~nera are ~llltng or interested in bearin~ any of the cost. ~r. Yaunpmoved that the City Attorney be requested to prepare a ~e~olution provldir~ for the a.ardlng of the contract to H. S. Hudplns on the basis of o~ittin; the curb and gutter construction on the east side of Fifth Street, and to present. same to Council. The ~otlon ~as ascended by Mr. ~oody and unanfnoualy adopted. AiRPFFIT: Council at its regular meetlntr, of April Pg, 1953, havlngdeferred action on the request of the American Airlines, Incorporated, that the City of Roan rent them approximately 375.0 square feet of space on t.he aecorsl floor of the Adainiatration Buildings the matter was again before the body. In this connection, the City Manager advised that he ia checking into rental rates but ia not yet ready to make a report and suggested that the matter be Pursuant to the request of the City Manager, the matter was carried over to the next regular m~etln~ of Council. POLICE DE~ANTF~T~ Council at its regular ~eetin~ of A~ril ~O~ ~9~3. having taken under advise~ent the request of the City Hamper that aplroval be given to transferring on~ of the Folice~omen to t~e Traffic Bureau iht he Folica Department, the ~atter.~s aFain before the On motion of H~. Hinton, seco~ed by Er. ~ald~p and un~nl~u5lF a~pted, t request ~as t~en u~e~ ruvth~ consideration. CO~SI~ATION CF CLaimS: None. STRE~S A~ ~L~-F~CH~E ~ F~OP[RTY~ Ordlna~e No. 11781, acceptlr~ the ~FFe~ of Dr. George B. La~on to ~ell and convey unto the clt7 a small area of located at the tnter~ection of Franklin Boad a~ ~andon Avenue, ~. ~.~ For ~urposes, havl~ previou~ly been before Council for its First re~ln~, read a~ laid ~ve~, ~s again before the body, ~. ~aldrop offerin~ the Follo~Jn~ For its ~econd (~11~81) AN O~DINA~CE acceptl~ the off~ of Doct~ George B. La~on to and convey unto the City a small ~ea of l~nd located at the lnteraection of Frank~ ~o~d and ~raadon Avenue, ~. ~.~ and sutho~iz[~ ~ dtrect~n~ the proper City t~ do th~ necessaPy In the premises. (Fop full text of OFdlnance, see Ordinance Book No. 19, ~aFe M~. raldFop m~ved the adoption of the 0rd[nance. The zotlon was seconded M~. Youn~ ~nd ~opted b~ the follo~l~ vote: A~S: Hess~s. K[nton, WaldPop, ~oody, Younm, and ~e President, ~[P. N;3S: None ............ O. S~RS: The C~ty Attorney hav[n~ been ~equested to Fr~pa~e a Resolution creat[~ a co~t~ee to hold public hearings ~n con. crOon w~th the pPomosed const~uc tl~n of sanitary sewers tn the L~ncoln Cou~t ~rea, the Ass~stan% City Attorney presented same; ~,~eFeupon~ Hr. Youn~ offered the followin~ as an e~Pfency ~easume: (~11785) A R~0L?TION cresting a co~[ttee before ~hom abuttin[ landowners on cePta~n portions of Lukens ~tree~, Dunba~ Street, Down[n~ Street, Dupree BurP.11 Street, DouFlass Ave~e and Ca~ve~ Avenue, in the Lincoln Court area of City of Roanoke, may ~pe~ and be he~d in favor of oP aEainst the proposed const~ct[on of s~nit~y sewers in a~ atonF said portions of said streets a~ other pPopemt~, the cost of ~[ch, ~en ~he s~me shall have been ascertained b! s aid committee, is to be assessed o~ apFoPtioned between the C~ti a~ sa~d sbutt~ l~owners as p~ov[ded by law: pPovld~nF fo~ notice to such abutt~nF landow~rs of the hea~n~ before said co~[ttee: ~d p~ov[dfnF fo~ an eme~Fency. {Fo~ ~11 text of Re~olutlon, see 0rd~nsnce Book ~. 19, Pale 337.) ~. YounE ~ved the adoption of the Resolution. The ~t~on was seconded ~. ~aldrop and adopted by th~ follow[n~ vote: AYES: Messrs. Minton, Wald=op, ~io~, Young, a~ the President, Kp. WebbeP-~. NAYS: None ......... 0. %IAT~ DEP~T~: The City Attorney havt~ been ~equested %o pmepaPe a Resolution pPovld~ fop ~e construction of ~n 8-inch water ma~n on Imlay Ave~e, a. E., betwee Ventno~ Road and Garden City Boulevard, the Ass~st~t Cl%y Attorney Fmesented whereupon, ~. Minton offered the following ss ~n e~r~ency 175 {~117§6} A ~ESOLUTIOR provldinE for the construction oF an 8-inch wate~ ~ain on l~lay Avenue~ S. E.~ between Ventnor Road and Oa~den City ~oulevard; and providin~ {For full text oF Resolution, see Ordinance Book No, 19, PaEe H~o Hlnton moved the adoption of the Resolution, The. motion vas seconded by Hr. ~oody arfl adopted by the Follo~tr~.voto~ AYES~ Hessreo Hlnton, Haldrop, Hoody, YounF, and the President, Hr. Hebbero~ ~ATF~DEF~T~NT-Ft~C~SE OF ~RO?F~T[~ The Clt~ Attorney havln~been reouest~ to prepare the prope~ Ordinance authorlrin~ the p~rchaso of the John ~o Wetb rater distritutton system in th~ a~ount o£ ~1~O0~oOO, the Assistant City Attorney present~ drs~t of the Ordinance, should~oprovideth~tthewaterfr~mthesprln~sisnottobesoldendthatthe1 may~be coti~yed to the City of Roanoke, The matter was referred tack to the City Attorney to redraft the ~rdfnance, FARKSA~ PLAYGROUI~$-~ATEH DEP~RT~I~: The City Attorney havln~ teen request to prepare p~oper measure reJectinF all bids received for ~e prlvlle~e of operatin~ concessions at CarvinsCove, Wash!hEron Park, and ~ill ~ountain Zoo and RocRled[s Inn, and to provide for the re-advertislnE of concessions, the Assistant C~ty Attorney (#11787) A RE$OL~ION re~ectln~ all tlds received fo~ the mrivt!eFe of oper~ti.~- concessions at Has~tnFton Pa~k, Carvins Cove, s~ RockledFe Inn and Mill Eountain Zoo; directinc that invitations For bids be readve~tlsed; and provfd~nF for (For full text of Resolution, see Ordinance Book No. 19, ~a~e i!~r. ~inton and sdop~d by the followinE vote: AYE~ Eeasrs. ~lnton, Waldrop, Eoody, Young, and the President, ~ro ~ettev-5, NAYS: None ........... O, MOTIONS A~D MISCELLA}~OUS ~U$INESS: STRia AND ALLEYS: The question of a discussion of the City Manager's suggestions on street reoair pro,acts for 1953, w,s before the body. The President, M~. Webber, stated that iF there were no ob~ectlons, the imatter would be discussed at an informal meetin~ to be held later. II ROANOKE GAS CO~AN~-FRANCHISE: The C~ty Clerk hav~ng previously been iinstructed to invite the representatives of the Roanoke Gas Company to ~wzeet with Iidtscusslng a new franchise, he stated that he has received a lettee fro= 1-I~. John C. ;iParrott, Presfuent of Roanoke Gas Company, advlstng that the officials t;ill attend !the gA P P R 0 ¥ E D There bain no further business, Council adjourned. COUNCIl, SO~It~ M~I~ Monday~ Hay /4~ 191;3. The Council of the City of Noar~ke met in regular meetinz in the Circuit Court ltoom in the Murdcipal Building, Hondaya Hay ~, 1953, at 21OO otclock, p. la., the regular meeting hour, with the President, ~i~. Webber, presidir~, PRESENTI Messrs. Minton, l~aldropa Woodya Young, and the President, Webber ..................... A~E~ None ....... 0~I~5 P~E~ ~. ~ ~. ~ens, City Hanager, ~. J~ea N. Klncanon, Assistant City Attorney, a~ Hr. H~ryR. ~ates, City Auditor. The meeti~ was ope~d with a prayer by the Reve~ Yere H. Rogers, Pastor Of First C~lstian Church. . MI~: Copy of the relates of the regular meeting held on He.ay, April 1953, having been ~rnlshed each me.er of 6ouncll, upon ~tion of Mr. You~. seceded [by ~. Waldrop and unanimously adopted, the readt~ was dispensed with a~ the minut~s approved aa ~corded. ~NIOR CH~ OF CO~CE-ST~ ~ ~: The City ~anager having designated May ~, 1953, as Student Gover~ent Day for Lucy Addison Senior High Schoo~ In cooperation with ~e Junior L~er of to~erce, the President, ~. Webber, ;welcomed students servl~ as Mayor, Cou~i~en,Clty ~nager, City Auditor. City Attorney.~d Clty~lerk, as well as other students who were present, ~'each student sat beside the respective official he or she represented d~ing a portion of the n sawer ~ the welcome extended by the President, Mr. Webber, Student ~Wendell ri~t expressed ~e appreciation of t~ students for the opportunity to iobserve the workings of the municipal gover~ent. WA~ D~RT~: Pursuant to notice of advertisement for bids for the trenching, laying, backf~lling ~d street restoration incident to lnstalll~ wate~ ma~, fXre hydrants, ~ all appurtenances thereto, For Project No. 7 of ~e Water Department, alo~ certaXn public streets at various locations In the city, acceding to pl~s ~ speciflcations furn~shed by the WaterDepart~nt, sa[d bids to be received by the City Clerk until 2:00 o'clock, p. m., ~ay, May ~, 19~3, and to be opened befo~ the Council of the City of Roanoke at that h~r, ~e President, Webber, asked If there was anyone present ~o did not Fully u~ersta~ the advertise ~nt, if there w~ a~one p~sent who had been denied the privilege of biddi~, or there were any ~estions a~o~ wo~d lika to ask, ~d no repreaentatXve present ~aisl~ ~y question, ~e Pres~ent ask~ the City Clerk to proceed with ~e openl~ of the two bids. received. Wit~ further refere~e to the matter, the City Clerk b~ught to ~e attention off Council an esti~te of the cost of the ~ater Department perFo~lng the work, togethe~ with a report on the avallabil~ty of equipment therefor, as submitted by the Water Department pursuant to the provisions of Resolution No. 11276, adopted on November ~, 19~; ~ereupon, the President, instructed the CltyClerk ~ proceed with the opening of the sealed estimate and report. :178 The bide and esti~te and report su~ltted by the t~ater Department having been opened and publicly read before Council, Hr. Hinton offered thb followir~ Resolution! (~11788) A ~O~TION refe~ b~ds a~ the satiate a~ ~epo~t submitted by the ~ateP Depa~t~nt oF the City o~ Roa~ke~ YlP~inia~ p~su~t to ~e provisions off Resolution No~ 11~7~ adopted on-Nove~P ~ 19~1, ~o~ the t~en~i~ backflll~ a~ street ~esto~ation l~ldent'to lnstalli~ ~ate~ ~lns, ~lre hydrants and all appurte~es thereto~ for F~Ject No. 7 o~ the.~ate~ Department, alo~ certain public streets at va~oua locations In the cityi to a co~lttee co~osed H~, Arthu~ S. ~ens~.Clty Hana~e~, Hr, H~ R, Yates~ City Auditor, ~. John ~ent~r~ Dlrecto~ off ~blic ~orks, ~. H. Cletus Broyles~ City E~ee~, C. E. ~ore, E~lnee~ ~n ~ar~e off Co~t~ction oF the Wate~ Department, for tabulat a~ re~rt to the Cou~ll o~ ~e City oF Roanoke. (For full text of Resolution, see Ordln~ce Book No, 19, ~a~e ~1.) ~. Hinton mo~ed the adoption oF the Resolution. ~e motion ~as seco~ed ~. ~al~p and adopted by the Follo~ln~ vote= A~S: Messrs. H~nton, Waldrop. Woody, You~, a~ the President, ~. Webber- NAYS: None ..........  STR~S A~ ~S: Notice of a public hearing on an application to Council ~to vacate, discontinue and ~ose ~at portion of Borer Avenue, S. W., between 21at Street a~ the ~ulevard, ~e east-a~-~est alley a~ the ~rth-a~-south alley Block ~, West E~ and Rlve~ View La~ a~ H~facturing Compa~ H~, a~ the east- and-west alley a~ the ~rth-and-south alley in Block ~5, West E~ and Rlve~ La~ a~ Hanufacturi~ Company ~p, said Blocks ~ a~ ~5 lyl~ between streets now "designated as West Ave~e a~ Patterson Ave~e on the north a~ s~, a~ 21st Stre~ [~and the Boulevard on the east a~ west, with the above portion of Roar Ave~e extended between the two blocks, havl~ been published in ~e Ro~oke Wo~ld-News, setting the tine of the hear[~ at 2:~ o'clock, p. m., Mo~ay, ~y ~, 19~3, the ~tter was before In this co~ction, ~. Tom Stock~n Fox, Attorney, representing Roanoke Cl~er Block Corporation, appe~ed before C~ncil a~ presented the Following ~o~unication~ "April 3, 1953. Honorable Mayor a~ Me.ers of City Co--il, c/o ~. H. X. City Clerk, ~lcipal Building, Ro~ke, Virginia. Gentl~en: Hy client, Ro~oke Cider Block Corporation, Is the ~ne~ of Blocks ~, West E~ a~ RXverview L~ Companies' maps, which are bou~ed on the ~est byNthe Boulevard (~ing from Patterson Avenue to S~Ffer~s Cros~ ng), on the orth by West Avenue, on the East by ~lst Street, a~ on the South by a very s~ll potion of Patterson Ave~e. Roa~ke Cider Block Co~oration also o~s considerable p~perty adjoining on the North a~ East. ~ese two blocks are bisected by Rorer Ave~e, a~ each contain two alleys. As 2ou gentlemen are all aware this block oF Rorer Avenue has never been ope~d as the grade from 21s~ Street do~ ~ the ~ulevard la too steep for a street. L~kewise, the ~leys have ~ver been opened. ~e only use ~lch has eve~ been made of Rorer Avenue is ~at the Appalachian Electric P~er Comp~ has run a tra~mission lt~ along the s~e. ~ls co.any has executed the enclosed agreeme~ providl~ for the closing off the street a~ accepted an easement for its line, a~ u~er ~e te~s therein specl~[ed remove its Roanoke Ciader Block Corporation ia, asyou know, entering into a rebuilding prog~a~ for its Cinder Block ~anufaeturing plant and is in l~mediate need of the dirt which is desired to ~ removed f~m said Blocks 2~ a~ ~. ~ere ~e ~ present plus fo~ the erection o~ any bulldl~s on the lots ~ ~ rezonl~.la requested at this t~. It would be u~ractical to r~ove t~ dirt ~lthout disturbing the present elevatio~ off the ~ope~d street a~ alleys, a~ thereFore,.the Roa~ke Cider Block Corpo~ation,-sole owner of all of the p~perties abutting on ~e street a~ alleys, with the agreement of the Appalachian Electric P~e~ Core. ny, la proceeding 6action 1~-766.1 of the C~e o~ V~rgtnia w~th ~e official closl~ of such block o~ Rorer Avenue a~ said alleys. I have prepared ~ ordinance this procedure, and ~ve heretoffore ff~nl~ed copy off the s~e, ~gethe~ w~ a copy of the agree~nt between said Roa~ke C~er Block.Co~poration and ~e Appalachian Electric Power Co. any to ~. ~ttle, City Attorney. I t~st that you w~ll f1~ the o~[n~ce In o~er, ~ that the sa~ ~y be adopted. Ve~ t~ly yours, (Sig~d) Tom ~tockton Fox' W~th Further reference to the ~tte~, the City Clerk read the co~unication ~rom the C~tyPla~ng Co~lss~on~ '~arch 13, The Honorable R. L. Webber, ~ayor, a~ Members of Cl~ Co.oil, Roanoke, Virginia. Gentlem~n: ~. Tom Stockton Fox, Attorney fo~ Roanoke ~l~e~ Block Corporation, ~ ~. ~. W. Far.son, appeared before the C1ty Planning Co~lsslon at its recent meet[~ In con~ct~o~ with a proposed agreement between maid Co~ora- tlon a~ theAppalachian Electric Po~er Company In regard to the closl~ of Rore~ Avenue between Blocks ~ a~ ~, *West [~ a~ River View Land Company ~ap, a~ the alleys In the sa~d blocks. ~e blocks In ~est~on ~e located west off 21st Street, S. ~., bounded on the north by West Avers, on the South by Patterson Avenue. a~ on the west by the Boulevard. The location of said portion of Rorer Avers and the alleys [n question la such that the property has ~ver ~een develo~d, ~d the street a~ alleys have ~ver been ope~d. There are no sewer o~ water lines wlthln the area. ~e X~edlate pu~ose of the request that said portion of Rorer Avers a~ ~e ~leys be closed la to pe~It the ~adlflg of the area. the dlrt to be removed to be used for falling ~d rebullding property An Rorwich. The Co.lesion feels that the vacation of said alleys a~ t~ portion of said street ~11 not destroy any of the privileges or rights of other property o~ers, or be contrary to ~e ~bl~c interest. However, It Is the oplnim of the Co~tsslon that a setback building line of twenty feet should be established alo~ ~at port[on of said blocks fronting on Patterson Avers a~ the ~ulevard to prevent the co~t~ctton of bulldi~s on the front line of lots ~h[ch c~ld result In creating a t raFfic hazard at ~at point. The City Planing Comisston reco~ends that Rorer Avers west of Street. S. W., a~ the alleys tn Blocks ~ a~ h~, West End and Rive~ View LandCo~a~ ~p. be pe~anently closed ~d vacated, provided that a setback bu[lding line Is established twenty Feet From the r~ght of way on Patterson Avers a~ the Boulevard. It Is suggested that this question he referred to the C~ Attorney such legal procedures ~ may be necess~y. Res~ctfully submitted, (Signed) W. J. McCork/n~le, In a discussion of the proposed excavation, the question was raised as to th~ ~rection off a barricade ~o~ the easterly side of the two blocks a~ that portion ~f Rore~ Av~e requested to be closed flor ~e protection of the puhl~c~ ~. Fox stating that his client Is w~lli~ toerect the barricade, subject to ~e approval o] bhe City In answer to ~urther questions. ~. Fox assu~d Council t~t in excavatl~ ~he ~ea the lam ~11 he.traced so as ~t to create any sheer drop-offfs and that ~here ~111 be ~ drainage problem. ~e matter havl~ been discussed at length, action on the question was ~efe~red until the next regular meeting of Cou~ll ~d ~. Fox was requested to Include In the draft off O~l~nce a provision wl~ r ega~ to the erection off a ba~1cade and ~o have said Ordt~nce off~cially approved by the City Attor~y. -~TRli~T-q AND ALLKYS$ ]foticc of a public hearir~ on an application to Council to vacate certain arenuea~ streets and alleys in the area bounded on tho north by the lard of the Norfolk and Western Railway Company~ on the east bi the Boulevard~ -q. i~., on the south by Patterson Avenue~ 8. W,, slx! on the west by tho northoald- south road adJoinin~ the .property of the Norfolk and Western RallwayCompar~ havin~ been published in The Roanoke WorldoNews, eettin~ the tim~ of the hearlr~ at o'clock, p. m., Honday, Hay ~) 19~3, the mattel' wan before Council. In this connection, HI,. Ness As Plunkott, Attornoy) representinZ Club View Corporationm appeared before Council and presented tho followll~ l'eport of viewers! UVIRGINIA~ BEFORE ~ltE COUNCIL OF TI~ CI~ OF ROANOKE. IN BR.*APPLICATION O~ PEFITION TO THE COUNCIL OF THR CITY OP ROANOI~, VIRGINIA~ TO VACATE THE FOLLOWlM3 AVEI~F~Sf ~TRI~T-~ Alfl) ~tLEY~ IN ~ST A~ S. W., B~N ~ BOU~V~D A~ T~ N0~TH-A~-S0~H ~LOCK ~1~ B~N ~0~ A~ PA~S0N AV~ S. W., A~ EAST ~ R~NINO N0~H-A~-5~H T~O~H BLOCK 56~ B~EN ROR~ PA~0N A~. 8. W. ~ ~TH T~ EXC~ION OP T~ SO~H~Y RE~RT ~ VI~S We~ ~e u~erslgned viewe~s~ appointed by the C~nc~l of the City of Roanoke Vlrg~la, by resolution entered on the 13th day of Aprtl~ 1953, to view ascertain a~ report, In wpitl~ pursuant to ~e p~vislo~ of Section 1~-766 of ~e .1950 C~e of Vlp~l~a~ as ~ended~ whe~ep~ ~n oup opinion~ a~ a~ If a~ what lnconve~e~e would result fr~ for~lly vacatinE the avenues~ streets a~ alleys~ with the exceptio~ he~lna~ve shown~ ~ic] are souEh~ to be ~acated as heveim~ve set out, respectfully repovt ~tep ~ving ~en first duly sworn~ we viewed said ave~es~ streets a~ a~ the nel~bopl~ p~perties and that we a~ u~nl~ously oF the opinion that no ~onwenience would result, eithep to a~ individual op to the from vacatin~ said avenuee, streets a~ alleys~ with ~e exceptto~ herein- above show~ which are soug~to be vacated as hereina~ve se~ ou~ the ~pllc~t op petitioner being the o~ep of all lots op p~cels of la~ within the he.insUre descvibed b~a~ except ~ts 9 to 16~ ~th lncluslq Section ~, a~ Lots 9 to 1R~ both lnclusive~ Section ~6~ as shown on the map of the West E~ and River View La~ & Hamfactuplng Co. any p~perty. O~EN under our ha~s this ~th day of ~Y~ 195]. (higned) R. V. Fowlkes~ (Signed) a. L. Rush (Signed) W. P. Hunter" ~. You~ moved that the report of viewers be accepted a~ filed ~d that fupthe~ action on ~e matter be deferred until the ~xt reg~ ~eting of pe~t~ pecelpt of the p~per Opd~a~e fv~ ~. Plu~ett. ~e motion was seconded by ~. Hl~ton ~ un~lmously a~pted. ~ PI~= Cou~ll havi~ p~eviously appointed a co~Ittee to ~eEotlate with Ro~oke Baaeba11~ I~oppopated~ fop the i~dlate payment of $~00.00 due a~ payable on its 19~3 pent at M~ep Pleld ~d fop the pe~son~ e~orsement by the of the b~l club of a six pep cent lntevest bearl~ note fo~ t~ balance due the city on its 19~ a~ 1952 rent~ ~. LeRoy 5chneldep~ Fvestdent of the rich, appea~ed before the ~dy~ ~olntl~ out that the $500~ has ~w been paid a~ that $1~.00 on the balance due the city on ~e 19~1 a~ 1952 rent has ~so been paid in accordS.nee vith the orizi~al proposal of the club dated April 1, 19~3, of the ~act tha~ the p~eaen~ owners of ~e o~s~lzstion took ova~ f~m a civic poin~ fo,.the sole p~poae of twlns.to.b~inE baseball ~ Ro~oke they ~eel their o~l~i~l p~opoaal sh~ld b~ accepted In ~e a~ spi~l~ o~ cooperation a~ civic ~l~edness ~ the city~ ~. 8chneide~ concl~i~ vith the.reqves~ ~at co~tde~a~lon be sieen to a lease that la liv~le. ~hasizin~ the ~blic spiritedness of ~ o~ers of Roa~ke bsseball~ Igco~pora~ed~ vas ~. Paul H. Co~ey~ H~. Co~ey pointl~ out that ~ a m~be~ the orsaniza~ion la d~avl~ any ~e ma~te~ havin~ ~en discussed at le~ ~. 5chneide~ was asked to take his request up ~lth Council% ne~ottatt~ co~lttee, S~S~ ~. E~II~ Sho~alter~ Attor~y~ representln~ Hrs. Je~ ~. Staples ~a~ ~llli~atts~ appea~ed before Cou~il ~d pre~ented t~ follo~i~ :aski~ tha~ ~e city exte~ the ou~fsll se~er line on ~at~s Avenue~ S. ~.~ alonE a total distance of 1,~0 to 1,~ ~eet, la o~de~ tha~ a sewed 11~ to be constructed~evve hoses toth~°u~ erecteda po~tiOnin the°f the~ea~atts estate c~ be co~ection~Aprl 1 30~the~et°lg~3. and To the Ho~able Hayo~ and i:. Hembers of City Councll~ Roanoke ~ Virginia. Gen~leme n: exte~ed into the ~atts d~ ~ c ~ o~eve~ to able ~o obtain ~e~ev co~ectio~ fo~ the la~. The newest outF~l se~e~ line Is located on ~att~ Aveme, N. ~., a~ ~111 be ~ce~a~ to exte~ this se~er alonE Lick Hun a tot~ distance of 1~0~ to 1~2~ feet to a point l~lcated on the preliml~ pl~ prepared in the City E~l~e~*s o~Flce, From that point a co~ctlnE ~e~er through the ~atts farm ~lll be required For an additional 1~00 to ~,000 Feet. Hessr~. CralE ar~ ~e pl~ ~ construct d~ellin~ ~ediately ~ the 36 lots ~hlch ~ill be platted from the la~ purchased by them, ~d the ~atts heirs plan to sell ov develop la~ ~ficient for a ~i~lla~ ~ber of lots on each of t~o parallel streets ly[n~ ~ou~ of Gree~ur~2 Avenue. There should ~ potentially 100 o~ more home~ ~hich ~ill vie the extension of this outffall se~e~ In the very nea~ future. ~the~ore, this outffall se~ev line sill be used eventually by a larte area tn northwest Roa~ke, extendln~ perhaps all the ~ay to the He~hber~er Road and beyo~. ~he ~'atts hel~s ov thel~ assigns ~1 pay the e~ense off bulldl~ the se~e~ ll~ thr~ their probity fro~ Gree~a~ Avenue to the point of co~ectl~ ~lth ~e Clty~ outff~l se~ev line a~ exte~ed, a~ the City Roamke Is re~e~ted to pay the e~ense off extendtn~ its outfall se~e~ line to ~e indicated point of co~ectton, The ~atta ~lv~ ~lll trot a vi~t of ~ay for ~e se~e~ exte~lon' t~cu~h theiv la~ and the City Is requested to obtain, at its e~e~e, ~tevev eas~ent~ o~ rl~t of ~ay ~uEh a~ other land ~hich ~y be requl~ed. ~[s ~tte~ has ~en presented to the City Ha~e~, the City .~ ~ the CltyPl~ En~lnee~ ~ho ~e f~ili~ ~ith the proposed u~evtakir~ a~d upon ~hose estimates ~e ffZures used heveln are based. Yo~ consideration of this ~tte~ ~11 be Freatly appreciated. ~espectffully~ At~rney~ For Hrs. Jean ~. 5taple~ On ~tion of ~, Hlnton, seco~ed by ~. Youn~ a~ un~im~sly adopted, the ~attev ~as ref~rred to the City Vla~inE Co~ission a~ ~e City Maker fo~ ~tudy~ report and rec~e~atlon to Council, the City H~a~e~ ~ submit to the body an satiate of ~e cost to the city. ~les, 181_ PET1TIOI~ A~D CONI~UNICATION$1 S?Rk'~TS AKD ~S~ ~e following co~nication ~n ~e City Co~ission, with referee ~ the ~chase o~ a portion o~ Lot 10, A~lee Court A~x~ located on Hawthorne Ro~, ff~m ~, ~. E, Brown, was before Council~ ~e Honorable R, L. Me~e~, Na~o~ a ~ ~e~e~a o~ City Ro~oke, Yir~lnia, . ~en~le~nt ~e sttention o~ the Cit~ Pl~nin~ Comisslon has been cslled to the all of ~t 10~ AIPlee Co~t A~x, located on Ha~o~ne Road, has c~pleted a~ra~ementa fo~ the construction of a o~-story ~esidence ~eFeo~ the f~nta~e of said p~perty bei~ 70 feet~ a portion of ~lch p~oJects out Ant, ~e proposed future rl~ht-off-vay ~ld~ of a ~O-foot at~eet~ no~ referred to as Helms Lane. . In orde~ to provide fo~ the necessary ~ture st~eet ~idth, It vould be necess~y ffo~ the Cl~ to acquire 18~ feet of the no~thern portion ~hich ~ould leave the present property ~n~ only ~1~ ~eet~ vhich ia ~t · ~ficient property on ~lch to const~ct the residers pla~ed ~lth required setback from the aide line of lot as provided by the Zoning Ordinan. The property o~er has indicated that he will be willing to sell a port o£ his lot to the City, if action is taken immediately, in order that he may purchase a lot elsewhere of au£ficient width for his proposed residence, and proceed with construction work in accordance with a contract already signed. The Comcmtssion ia of the opinion that it will be for the City's best interests to acquire a portion of said lot to provide for the necessary right-of-way for said street, ard recommends to City Council that 18~ feet o: said property be purchased for this purpose. Respectfully sutx=ltte~ (Signed) George Dunglinson, Jr, - Vice-Chairman,' In this connection, }lreo Brown appea~ed before Council and stated that it is ?ant that an immediate decision be reached with to the On motion of lit. Woody, seconded by Hr. Hlnton and unanimously adopted, the matter was referred to the City lianager for study, report and recommendation to Coun. RECREATION DRPARTYiENT-PARE5 AND PLAYGROUNDS; The following couruunication from the City Planning Commission, with reference to the erection of a cou~u~lty center in Preston Park~ was before Council: "April 29, 1953. The Honorable Re Lo {gabber, Hayer, and Hember'e el" CttyCouncils Roanoke, Virginia° Gentlemen: In accordance with your ~oint letter o£ October 24~ 19~2, referring to the City Plannin~ Co~mission land the City Hanager) flor study, report and recommendation to Council, a communication from Robert I. Serif t, Chairman of the I/llliamson Road Co~nity Center Committee, with reference to the proposed erection of a community center building in Preston Park: The Co==nission has conferred several times with the Committee and the Architect in studying the original ard revised preliminary plans for the proposed building, ~hlch it is estl=ated will cost approximately Revisions were made in said plan in accordance with suggested changes mede by. R. P. Hunter, Director of Parks and Recreation, to provide for a comaunitlq center building ~hich will be the most feasible for the overall recreational needs of the community. The Commission has also given consideration to his estimated cost for operation~ supervision and supplies. · he City Planning Commission looks with general favor on the plan of providing recreational facilities in the Wllliamson Road area~ and recon~ends, if the citizens~ interests in that section construct the contemplatedpbUlldlr~ at their expense, that City Council permit it to be built in Preston ark~ and that the community center building be accepted by the City. .. I[ . · The Commission realizes that such a sequence of event~ would create the~~ necessity for proper o~eration, maintenance and supervision at an estimated ~ coat of approximately ~20~000.00 per year, and the Commission~a recommendation of ownership by the City carries with it the-assumption that the City can undertake the necessaryoperating expense, Respectfully submit ted~ (Signed) George Dun~linson~ Jr. ¥1ce-C~airman Council h~vins previously sdviaed the Williamson Road Co--ntt7 Center Co~ttea ~st ~t such t~ aa the co. tree ~lses s~lcien~ ~u~s ~o~ t~ co~uni cen~e~ ~e cit7 ~ill allo~ the bul~di~ to be e~ected ln.~eston ~k~ pursuit to report o~ the City Han~e~ dated Octobe~ 2~ 19~2~ ~ ~o~y ~ved that the co~nic tion ~rom the City PI~ Comission be filed fo~ ~uture ~efere~e. ~e ~tion ~ls seco~ed by ~. Hlnton a~ u~n~usl~ adopted, AIR~0~ A co~nication Fr~ ~. ~. ~. ~elley, ~a~r~ o~ ~e Airport Te~lnal Ded~cation Co~lttee, ~eportl~ that the comittee has collated Its Job ~th.the exception o~ car~y~ th~u~h.the actual p~o~r~m on F~lday, Hay 1~, ~as .beffore ~e co~unication ~aa ~lled. GRADE CRO~INGSt ~e City ~naser. s~mitted the Follo~l~ report, ~lth refer to the e~lo~nt oF ~ architect Fo~ a port,on oF the ~ork involved in co.action ~th the ~efferson ~treet Grade Crossl~ Elimination ~Roanoke, Vi~inia To ~e City Ro~oke~ Gentlemen~ I ~ould like to q~ote ~ectlon ~o. 1 from a lette~ r~ce~ved From ~. F. ~[th, Urban Engineer, State Department oF ~lghea~s~ under date Feb~ ~, 19~3~ and al~o Section ~o. 1 oF a lette~ received from A. B, ~tone,Chle~ E~lnee~, NorFolk a~ ~este~n ~all~ay Co.any, unde~ date of Ja~a. 30, 1953. '1. It Is ~ted that the City Council has l~Icated its willingness to appro'~e the firm of Wells and Heagher as the architect for the alte~ation of bulldi~s at a cost of 1.75 times their payroll costs. We reco~end this be a non-participating item for Federal-aid a~ State fu~s since app~val ~ the Bureau of Public Roads would entail focal co~lderation of the p~posals and a full detail of ~e proposed work.' '1. I agree to the e~age~nt of Wells & Heagher as the architect for the work on ~e alteratio~ of bulld~s adJo~nlng ~e proceed viaduct at a cost of 1.75 times their payroll cost tn th~s connection.' In furtherance of the forego~, I would ~preciate your concurrence In the e~lo~ent of ~'ells & Heagher as architects for the alteration of buildings ~n connection with ~e const~ction of ~e viaduct. Respectfully submitted, (Sign.) ~rthur S. ~e~ C~ Ha~ger~ ~. Wald~p moved that Cou~l concur In the report of the City H~nager and offered the following Resolution~ (~11789) A ~OL~ION authorizing ~d directing the City Ha~ger to engage services of ~ architect for a portion of the work involved ~n co~ection with the const~ction of the ~efferson Street Viaduct; a~ providing for an emergency. (For ~11 text of Resolution, see O~ln~ce Rook No. 19, Page 3~P.) ~. Wald~p ~ved the adoption of the Resolution. The motion was seco~ed by Hr. Woody ~d adopted by the following vote~ A~: Messrs. Minton, Waldrop, Wo~y, Young, a~ the President, Hr~ ~ebber-5 Pro.~ect, Co.oil ~vl~ previously by Resolution No. 1161~, adopted on November 3, 1~52, a~thorlzed and directed the City Han~er ~ ~er ~th the proper officios of the ~orfolk a~ Weste~ RallwayCompa~ and the V~rg~la ~tate Dep~t~nt of Highways wit~ reference ~o sec~$~ a competent negotiator to negotiate ~th the o~ers of the several p~pert~es It Is necessa~ for ~e city to ac~lre for the project a~ upon 183 184 reachtn$ on agreement with said officialo ac to a person acceptable to them to undertake to secure ouch personO8 sorvlcel it i per diem fee to be a~reed to by tho officials not to exceed $~O.00 poi, dl~p the City Homager ou~ltted tho followir~ raport~ "l~oanoke. Virginia Hay h, 19S3 To The City Council Eonnoke, Gentlement ! would like to quote Section 1~oo 3 From a letter received from W. F..Smith~ Urban Engineer, State Department of Highways, under date of February 2, 1953, and also Section No. 3 of a letter received from Er. A. Stone, ~hle£ Engineer~ Norfolk and Western Eallway Company, under date of January 30, 19~3. s3. Our Right-of=Way Division approves the use of the three appraisers as negotiators in accordance w~th your recommendation, uhich is concurred in by the Norfolk and Western Railway? ~3. The Ballway Company also agrees to the en~n~ement of the three appraisers to perform the ~rk as negotiators and for purchase of the proper In £urtheranee of the foregoing, ~ would appreciate your authorizing the employment of not more than three negotiators for the securing of land for the viaduct. I am attaching hereto a letter from Er. W. A. Woodward, ~r., Associate Urban Engineer, State Department of HIKl~ways, authorizir~ the acquisition of the elghteenptecee of property which will be needed in their entirety for the viaduct. If you will 'authorize this portion of the negotiations, we.eon start immediately on attempting to secure the property. Respectfully submitted, (Signed) Arthur S. Owens Clt7 Er, Hlnion moYed that Council concur in the report of the Clt7 ~ana£er and offered the following Besolution authorizir~ and directir~ the City ~nager to e~plo.Y, three argot labors: ' {/~ll?~O) A RB$OLUTION authorizing and directing the City.Homager to employ the services of three (3) r~gotiatora for the purpose of securing optiorm to purchssi certain properties in connection with the construction of the Oef£erson Street and providing for an emergency. {For full text of Resolution, see Ordln~mce Book No. 19, Page Hr. Hlnton moved the ~doption of the Neeolution° The motion was seconded by Hr. Young and adopted by the Following vote: AYES: Hessrs. I/.lnton~ Waldrop, Woody~ Young, and the President, Er° Webber-~ NAYS: None ........... Hr. Waldrop offered the following Resolution approving appraisals of el~htee: of the properties needed to be acquired for the proJect~ (~11791) A REsoL~TIoN approvinF certain appraisals o£ properties needed to acquired for the construction of the Jefferson Street Vladuct~ and providing for an i emsrgencyo {For full text o£ Resolution, see Ordinance Book No. 19~ Page H~. Waldrop me.ed tf~ adoption of the Resolution. The motion was seconded Er. Woody and adopted by the followinE vote.' AYES: Hessrs. Hlnton, Wa~d~op, Woody, Young, and the President, Hr. Webber-~, NAYS~ None ............ O. 185 BUDGET-AIRP(~T: The City Manager submitted the folloleinE report, vith refers ca to the transfer of funds, to cover a portion of the coat of emarger£y repairs made to the runvays at t~s Roanoke F~lnicipal Airports 'RoanOke, Virginia To The City Council Roanoke, Virginia Gentlemen: ! would appreciate your transfel'~lr~ $~OO.00 from furniture to repairs and ~3~0.OO from gan~ mower to repairs in the Airport Account. This transfer is necessary due to the fact that ~hen our contract with VlrginiaAsphalt Paving Company vas not extended.lee vere forced to rehabilitai a portion of the Airport~ which was not included in the project; and I hsd to authorize its payment From the normal repair account. Respectfully submitted~ (Signed) Arthur S. Owens City Man, er' Hr. Woody moved that Council concur in the report of the CltyManeger and f£ered the follouing emergency Ordinance: {#11792) AN ORDINAl/CE to amend and reordain Section ~87, ~Alrport~, and action ~1~], 'Departzental Equipment and Improvementee; of the 19~] Budget Ordinancg and providing for an emergency. (For full text of OrdinanCe, see Ordinance Book Moo 19, Ps~e Mr. Woody moved the adoption of the Ordinance. The' motion was seconded by Mr. Waldrop a~d adopted by the following vote: AYES: Heserso Hinton. Waldrop. Woody. Young, and the President. Hr. ~ebber-~. NAYS: None ............ O. AIRPORT: The City Manager submitted written report, together w~th the following communication from the Manager of the Airport, with reference to suspendin~ Section $5, Tledowm Service Charges, of Ordinance No. 11709, on May 15, 1953: "CITY OF ROANOKE Int erdepartment Communication DATE: April 27, 1953 TO: A.S. Owens, City Manager FROM: M. L. Marrls, Airport Manager The Airport Dedication Committee has requested that I contact the proper persons and get permission to waive the normal tie down fee for those aircraft involved as guests of the City of Hoanoke thru their participation on the State Air Tour, May 15, 1953. Our regulations require that we charge a tiedown fee of $1.00 per plane for the first night and 50~ per night thereafter, however, in this case, the labor for doing the ~rk will be supplied by the Civil Air Patrol unit the visiting pilots have been requested to furnish their own tiedo~m facilit such .... p ....to,, The Air Tour Group will be requlred to remaln overnight in order to perticlpa!te as guests of the Golden Jubilee Banquet . Friday night,all aircraf~ Flease advise. (Signed) Harris' . Council being of the opinion that the suspension should apply to on that day. the matter was referred to the City Attorney for preparation of the prc~er YIHE DE~ABTHXNT-POLICE DEP~NT: The City Hanager sulz~ltted the following report on changes in the personnel of the Fire Department and the Police Department: eRoancke~ Virginia May ~, 1953 To The City Council Roanoke. Virginia Gentlemen: I wish to report the following changes in the personnel of the Fire Department and the Police Department: ;-1'86 Doc ¥. B~ovn re,ired, e~rec~ive AprXX 30, A~rew L. Hae~orth, retired, ef~ective April ~. J~es Willies Olvens e~ployed as First Yea~ Private, effective Hay La~e~e ~evson Hylton employed ~ F~rst Year P~Xvate~ effective May POLICE DEP~ Martin Luther Har~y retied, effective AprAl ~, Rea~ctfully audit ted, {~lgned) ~th~ 3. ~ens The report was Filed. CIT~ ~T~.The C~ty ~n~er submitted written report on the collection of all revenue a~ repairs mede at the ~elson Street Market durl~ the month The re.vt ~s ~[~INO I~CTOR~ The City ~nager su~ltted written ~port from the Depart~nt of Bulldl~ a~ Plumbl~ Inspection for the ~n~ of April, 1953. ~e report was ~C~IC~ IN~P~TOR: The City Ma~gev ~bmitted wrXtten report from the Electrical Department rom the mon~ of April, 1953. ~e report was filed. ~PORTS OF CO~ITT~S: ~S~: Council havl~ previously d~rected the Mayor to appoint a co~Xttee to negotiate with representatives of the Roanoke Ra~l~y a~ Electric Company and the Safety Motor Tr~sit Corporation relative to the prese~ fare structure of sa~d co~oratio~, schedules, routes a~ other pertinent matters. In co~ectlonwith the request of the co~oratio~ to m~e certain cha~es in their fare structure, the ~co~lttee submitted the following report: "April 20, 19~3 Hon. Roy L. ~ebbev. ~yor Roanoke City Council Roa~ke, Virginia P~suant to direct[on by Council the ~s Negotlatl~ Co~lttee has met with representatXves from Ro~oke Railway a~ Electric Co~a~ and Safety ~tor Tra~lt Corporation. At ~ese mettles the representatives of both tr~slt f~rms have ~de available ~ me. ers of the Co~lttee detailed ~or~tion relatl~ to ~1 phases of the opevatio~ of each tra~lt firm. ~e co~ttee feels that ~e transit representatives have been most coopera- tive In ~rnlsh~ all the facts of the operations off their co~anies to the members of the Co~lttee. ~e co~lttee reports its ffl~lngs as follows: ~1) ~e Roanoke Ra~lw~ ~d Electric Company a~ ~afety ~tor Tra~lt CorporaYlon operated at a loss within the co.orate limits of ~e ity .of Roanoke during t~ ye~ 19~2. The loss ~s made up of a 10,76~ operatXng loss for lines operating withinthe Cxty limits a~ a ~11~802 operating loss for li~s operatl~ outside t-he City l~Its.'A~e combl~d operating loss for the ye~ 1952 is for the system as a whole. (See Exhibit I.) (2) ~X~ the ~ree months per[od ~amary 1 t~u~ March 31, 19~3, the operatl~ losses of t~ system have coati.ed at ~ accelerated rate over the corre~po~l~ perl~ of 19~2. ~r~g ~ls ~ree month period an operatl~ loss of $13~68~ was incited by lines operating within the City limXts a~ ~e operating loss of 1.Xnes operatl~ outcide the CXty l~lts was $~,362, ~kX~ a combined los~ of $19,~6 for ~e syst~ as a whole ~rX~ the thee month period. (See E~lbit m m m (~) (5) (~) (7) (8) Additional revenues are needed for producinE · reasomble p~ofit, and for p~ovidln~ additional capital fo~ ~placi~ p~sentl~ operated ~saes ao~ of ~i~ a~ ~w ten ~ fifteen ye~s old. ~e average ~e o~ ~ssea nee in service In t~ system iff ·pproxi- mately et~t ye~l, Ney busses cost betveen $1~,~a~ each a~ are depreciated o~e~ a peri~' o~ ten ye~s, The t~sit co~a~ ~presentatives state t~t t~enty ne~ busses are needed at this t~ to meet ~rmal replacement needs, O~y six o~ the t~ent~ five li~s ~ ~ ~e system ~e o~ratl~ at a pro, it, These are ~e~rally s~rt ll~e ~ ~ell ~at~onized, ~e l~er ~e~ o~ ~e lines a~e operatl~ at loss, ~se ~e~rall~ the lo~e~ lines ~hich ~ losl~ ~ney because oF the lo~e~ dtst~ces travelled a~ because of the lack o~ patronage. (See Exhibit II.) ~e t~stt fl~ms do. not ~ant a general increase In ~a~es because they are ~raid that patro~ ~ldl~ shorter dista~es ~ill not ~tllin~ to pay an increased general fare on li~s no~ operatins profitably ~e~eas those ~ders ~o ride a lo~e~ dist~ce on unprofitable ll~s can reason~ly e~ect to pay a lar~e~ Fare, The transit ffl~ p~pose a zone fare be established ~lch ~ould present Fares t& re~ain on lines up to about a ~ mile radius downtown Ro~oke, An additional rare o~ ~ cents ~uld be cha~sed beyo~ t~ ~ mile radius, (~ee E~lbit III ~hich sets For~ the proposed Zone Points,) ~e tre~, ~lth re~ard ~ c~tles oF comparable size to ~oa~ke ~t~ln a~ ~ithout Vlrslnia, la to~a~ the adoption oF zo~ rather than ~eneral Fare increases, Cities ~at have used Zone fares FI~ that, ~enePally speaking, it ~orka ~ucce9sFully. ~y cities have Fo~d that ~eneral fare increases have not been The ope~atin~ losses off the tra~lt fir~s have ~en brou~t by a decrease In pas~e~er~ carried a~ re~ultin~ decline In passe,er revenues. ~s mileage has been curtailed ~herever ~lthout drastic~ly cu~talli~ service. In ~pite oF a ~ ~a~e ncrease ~r~ted e~ployees actual expenses decli~d app~oximately ~1,~ In l~ From those incurred ~n 1~1. You~ co~lttee believes the transit Flrm~ are bein~ o~rated In an eFFicient a~ economical The public tra~portatl0n ~y~t~ In Roa~ke Is no~ p~ivately o~ed and operated. IF ~t Is 2o continu~ to operate and render satis~act ~y service to the public, the privately o~ed transit fl~s ~st be pe~ltted to earn a reaso~ble proffit, Unles~ additional revenue is provided ~n the fo~ of increased Fares the City oF Roanoke may have to take ove~ the system ~ u~e~rZte the losses ~hich occu~ u~eD the ffa~es no~ ~l~ char~ed. It l~ the sense oF co~[ttee that public o~er~hip must be avoided by ~l means, Respectfully audit ted, ' (~igned) Robert W. Wood~ {Signed) Arthum 5. ~e~ (Signed) Harr~ R. Yates Ran G. Whittle" Council being of the opinion that a public hearing should be held on the aestion before any decision is reached by the body, Mr. W4ldrop moved that the repo of the comittee-be received add that a public hearing be held at 8:00 omclock, p. May 20, 1953. The motion was seconded by Mr. Minton and unanimously adopted. ~UDGET-RECREAT10N DEPARTF~NT: Council, at the request of the City Manager, having tabled the Clty Manager's suggestlonthat thesalary of Mr. Rex T. Mitchell, Jr., Assistant Dlrector of the Department oF Parka and Recreation, Formerly Acting Director, he increased£rom $3,580.00 to $4,200.00, the matter was again before the body, the City Manager presenting the following communication from the Director: '1'87 188 Pr. Arthu~ 5. 0~ens City Hanazar Roanoke, Vlrgini& In orde~ to a~rive at an equitable a~ fair s~ary level fo~ In the Depar~ent off P~ks a~ Recreation~ It is requested that the cha~es be reader A~ ~e title, since It Is a ~ only, of Assistant Director be abolished and the title ~u~rlnte~e~ off Recreation be substituted, B, The sala~ of the Supe~lnte~ent of Recreation be the s~e as that off the ~upe~lnte~t o~ P~ks, ~ely ~3~1~ per ye~, The ~pe~lnte~ent of Farks is currently paid ~0 ~r year~ plus C, ~e cha~e should be made ~troactive to April 1~ This cha~e le strictly a reor~anizational probl~ and ~111 result better service In the expa~ activ~ties of this department, Very t~ly ~cure, (~tsned) R, ~. Hunter Director~ In ~is co~ection~ ~, H~tchell appe~ed befforeCo~cil a~ voiced the ~op~nlon that. ~e cha~es requested by the Dlrecto~ amounts to a demotion ~o~ the Assistant Dlrecto~, ~. H~tchell pointi~ out that In his pre,eat po~ition he assistant directo~ off the entire depart~nt, including both parks a~ recreatton~ ~bvt that as Superintendent of Recreation he ~uld ~ In ch~e of recreation o~y~ also, that his ~ala~y as Assistant Director, prior ~ becoming Acting Director, ~a~ ~hl~her than the Superlnte~ent of Parks, Nr. Nltchell ntatl~ that ~n v~e~ of the that he has been co~ended by Councilmen ~d clty officials for dol~ an excellent Job he cannot understand ~y he Is ~ng penalized. On motion of Hr. You~, seceded by ~. Wald~p a~ ~n~o~ly adopted, the t~en u~er consideration u~til the ~xt re~la~ of Council. ~LTH DEPARtS-HOUSING: Council at its last regular ~etl~ having t~en ' a v s t a ~nication f om Mr n O Culbertson v i tn th 'hi n that i[uncer d I emen co r · · . , o c g · opl o lf the Co~lssioner of Health ~re given ~e ~cessary help a~ backing to e~orce the Housing ~d Hygiene Ordinance It would be unnecessary ~o~ the Federal Gover~ent to have anythl~ ~atsoever to do with slum clearance in the City of Roa~ke t~ough the Roanoke Redevelop~nt a~ Housing Authority, the matter was ~ain before the The co~unication was filed. S~R~r Co~cil at its last re~lar meeting havi~ taken undeP advisement a p~posal f~m several property ow~rs located on Wlllla~on Road In t~t area to to ~e north of the city ~d out ~ the Junction of Route 117 to Salem with ref to constructt~ a sanitary sewer system a~ attaching It to the City of Roanoke~s existt~ system, the rotter was ~ain before ~e body. .In a discussion of the matter, ~r. ~ody voiced the opinion that Council should ascertain what effect such a step would have on the Mllli~on Road sewer system before reaching any decision, At this point, ~. G. L. Mattern, representing the firm of Hayes~ Seay, Mattemand Mattern, Architects and ~gineers, who was present at the ~eti~ voiced the opinion ~at carding out the above p~posal will ~t overload the Wlllt~on Road.sewer system ~der ordin~ circ~sta~es, ~. ~ttern expressl~ the ~lief that any ove~lo~ing will come ~en the existing sewer lines a~ loaded ~th water diverted ~ the lines f~m the Willia~on Road area. accoe~odate residents of the county and moved that the matter be referred back to t City Hanager for ne£otiatione with a view of divertin~the aewage frc~ the proposed .sewer system directly into the sewer interceptor line along Tinker Creek in thc Hollins Road section. The ~otion was seconded by Hr. Wald~op and unanimously adopts STREETS Ah~ ALLE~S: Action cn the request of property o~raers ara/or resident of Bowman Street, N, ¥., that the street be hardsurfaced or oiled, ha~In~ been deferred for a discussion of the 19~3 street program after a report from the City Hanager that it would coat approximately S8~0,00 to apply liquid asphalt treatment to the street, the matter was again before Council, The City Hanager stated that he has included the l~prove~ent of-the street in the 19~3 work program and that the project probably rill be carried out around July. CONSIDERATION OP CLAIH3~ JLu/ENILE AITD L~ESTIC RELATIONS COURT~ Council having previously deferred action on e request of Dodson and lance, Lay Firm, that the city reimburse F~. Jack Johnson in the ~ount of ~O.COm covering bls earuir~ capacity for six weeks of the! sizty days he served of a ninety day sentence, vithout a trial, for additional information fron Judge K, A, Pate, Juvenile and Domestic aelations Justice, as to the date Hr. Johnson vas committed and the date he vas released, Judge Pate appeared before the body end submitted the follcwir~ co,~=unlcatlon~ City Council Roanoke Virginia Gentle~en: In accordance vlth your request at you~ masting on April 20, 19~], I submit the following information rega~din~ the co.~mit~ent of Jack Johnson to ~lte Gate Correctional Farm. Hfs. Callie Johnson filed a complaint against Jack Johnson~ he~ husband on a disorderly cha~ge of being drunk and disorderly in the home by threaten In~ to kill her, 5he vas very anxious for ~,~ to p~otect her and assist tho family in getting support f~om her husband. Since she vas of the opinion that Jack had drunk so much fo~ such a long time that hie mind vas damaged, ye decided to hold hl~ for a thorough exa~Ination to determine vheth~r or no the man vas actually a dangerous menace to his f~lly. The non-support petition ~as signed by the wife and ye expected to process that complaint at the em~e time the disorderly complaint ~ae tried. Hr. Johnson ~as arrested du~lr~ the early morning hours of January 11, 1~3. The comuitment papers vere sent fro~ our tlerks office to the City Jail, January 1~, 19~3. ~e have no way of knowing the date he vas transport d from the Jail to lihite Gate. That ia a State function, and is not vithin our ~risdiction. Hrs. Johncon came to our office on January 1~, 1~], to appear a~ainct her husband on the disorderly and non-support char~ea. 5he vas referred by the probation officer to the Department of ~elfare for assistance. Assistance vas siren. An order vas for~arded to the State Department of ~el£are and Ir~tltutlons directin~ the Supenintendent of the Cor~ectional Farm to return Jack Johnson to the City Jail rostand trial on the disorderly and non-support char~ea. There vas a delay in his return tn Roanoke f~om Bland, Virginia, because of transportation facilities. He arrived back in Hoancke, and vas brought up to He vas released vithout bond and told to go to ~k Im~ediately and support his Family and return to Court for disposition o£ the char~es against him vhen ye notified hi~ to do so. A total of 1~ months sentence could be ~ssessed against this man on the t~o complaints. I t~ust that this is the information you desire, Respectfully submitted,. (51Ened) ~. A. Pate E, A, Pate, Judge~ :190 In · discussion of the ~atter, H~, ¥ouns raised the question as to the data of the order forwarded to tho State Department of Welfare end Institutions, Judge ~ate a~we~l~ ~at the ~tter ~as officially ~ou~t to his attention by the Clerk o~ the Juvenile a~ Deistic Relatto~ Co~t on ~ch 10, 1~]~ a~ that the orde~ was fo~arded to the ~tate Deponent o~ ~elfare a~ I~t~tutions on Hatch 1~, In a fu~the~ discussion o~ ~e matte~ Judge ~ate pointl~ out that Iff Joh~on Is convicted when he Is t~ed on t~ charEes brought a~ainst him he ~ill be siren credit on any sente~e fo~ the tl~e alre~y served, H~. ~ou~ stated that ~ the ~n Is t~led and acquitted he should be paid ~ ~0.00 requested~ ~t that l~ he Is convicted to ~lve h~ credit.on any sentence ffo~ the t~e ~ready served and also pay him ~2~0.~ ~uld ~ givln~ him double compensation flop the six weeks in question. ~te~ a furthe~ discussion of the matter, Council still questionin~ the lapse of time between the date.~. JoM~on vas co~ltted and the date he vas releas, ~. You~ ~ved ~at ~e matter be t~en u~er~vl~ement until the case has been tried a~ disposed of, at ~lch time the probation officer handll~ the case Is to be requested to appear before the ~dy for a further explanation of the facts. ~e motion was seceded by Hr. ~oody and unanimously adopted. I~ODU~ION A~ CONSOLATION ~F ORDINANCES A~ ~SOLUTIOI~ ZONI~-S~M~ LIN~: Ordin~ce No. 11~15, establishin~ a SO-foot setback line on the east ~lde of Huniclpal Al~o~t ~oad (Vlr~inia Route ~o. 118), from Herahber~er Road ~ the north corporate limits, havlnS been adop~d on its reading at ~e reeler meetl~ of Council on July aS, 19~, and actlonon the seco~ reading and ~1~1 ~option of the O~ln~e havi~ been defferred~ in order that the county ml~t e~tablish a ~llar setback line on the ~e~t side of the street, oppost the p~perty In the corporate limit~, a~ on bo~ sides F~m the no~th corporate limits to Virginia Route No. 11~ a~ it appea~lng that the county has not as yet t~en ~ny action toward the establishment of a ~imila~ setback llne~ the matter ~a~ a~ain before Coumll. In a discussion of the ma~ter, the President, ~. ~ebber, e~lained that buildi~s are bel~ erected on ~e eas~ side of Municipal Alrpor~ Road right and that the city ca~ot afford to delay action any longer despl~e ~he fact that no definite action has been t~en by the county. In this co~ection, ~. ~rt Galbral~h appeamed before Cou~ll a~ voiced the opinion tha~ ~ere ~e other ways to relieve the tr~ic co~estton on ~he Ai~or~ Road th~ ~ widen sm~e, ~. Galbrai~ e~p~essing the belief that the ~rnis lng of adequate parking space for motorists ~o are sigh~seers a~ the Roa~ke Municipal Alrpo~ and the co~t~c~ion oC 'an exit road f~m the ~l~or~ will ell~nate the need for wide~ng the ~or~ Road and thereby create a speedway as a re~lt 0f said wide.rig. The President, ~. Webber, pointed ou~ to ~. 6albral~h that Council has J~isdictlon over the widenl~ of that portion of the hl~y In the county. Also appearl~ An opposition ~o ~e widening of the Atrpor~ Road, was Hilton H. Riley. Mm. Hlley stating that If ~he s~reet In fron~ of his proper~y wide~d ~wenty fee~ he will have very little yard left. ~. Riley also objecting to the lrre~lav line which Wll~ be created when new houses are set back ~wen~y feet from ~he presen~ houses on ~nictpal Alrpor~Road. H~. l~iley ~as lnforled that the cit~y does not plan to widenthe street any tile in the near future, but is merely tl'ylng to Forestall a~ possible encroac~en~ on the future ~l~t-of-vay In the event the city should at ~y future date decide t~ ~lden the street, ~t be~ pointed out to ~. Riley that should the city decide to ~lden the street his house ~ill be mo~ed back at no e~e to him a~ ~at actuall the proposed ~etback line Is Fo~ the protection of the property Also ~peari~ tn opposition to the proposed setback line~ vas Hr. J. Boston, H~. ~oston atatin~ t~t he has nothing against a ten-foot setback line but that he feels t~enty feet Is too ~ch. The ~tter having been discussed at leith, ~. ~oody offered tg~ foll~t~ Ordl~nce fo~ its seco~ reading a~ final ad~tlon~ (~11~) l~ ORDIN~CE establishing a ~foot setback 11~ on the east side of Hunicipal Ai~ort Road (Vlr~lnia R~te No. 118), f~m Hershberge~ Road to the ~rth corporate limit~ exte~l~ forty feet f~m the present established center line of the street. (~oP ~11 text of Ordinance, ~ee OPdin~ce ~ok No. 19, Fage 3~O.) ~. ~oody moved the adoption of the Ordinance. ~e motion ~ss seco~ed by Er. You~ a~ ad.ted by the follo~!ng vote~ A~S: Hes~r~. Hinton, ~aldrop, ~oody, Young, a~ the President, ~. ~ebber-~. N~i Hone ...........O. 5PBCIAL ~B}IITS-ST~S AND ~L~S~ ~, T. L. Plunkett~ J~., Attorn~y~ representl~ V. R. P~tz and Julia B. ~etz, havl~ been requested to redraft Ordin~ce [rantin~ them per~salo'n for a cl~eP block garage no~ existing on Lot Block F~,' acco~lng to ~he Revised Hap of Rusby La~ Co~any~ to encroach upon the ve;terly side of Fifteenth Street, N. ~., in o~eP to include a provision that ~e garage ~ill be Pemo'~ed From city p~pe~ty upon proper request From the city, the City Clerk presented th~ O~lnance as redParted by ~. Plunkett; ~ePeupon, ~. You~ ~ved that the following Ordinmnce be placed u~on lt~ First reading. The motion ~as seco~ed by Hr. ~aldrop and adopted by the Follo~l~ votex A~: Heists. Hlnton, ~aldrop~ ~oody, You~, and the President, Hr. ~'ebber- (~11~9]) A~ O~INANCE grantln~ V. B. }letz and Jult~ B. Hetz, thel~ successors o~ a~sig~, pe~l~sion For a cl~eP block garage no~ existl~ on Lot P~, Block ~, accordi~ to the Revl~ed Hap of Rugby La~ Compaq, to encroach upon the side or 1Sth Street, Northwest. ~S, V. ~. H~tz and ~ulia B. Hatz a~ th~ o~era of Lot ~, Block a~, accordl~ ~ the ~evised Hap of Rugby La~ Co~y, a~ ~=~S~ a ~ecent survey l~lcates that a cinder block garage 'located o~ s~ld ~t ~ encroache~ approxl~tely ~.9 feet on 1Sth Street, N. ~'., and ~M$, said garage ~as constructed prior to Janua~ 1, 1~, and Section 1~-~6 of the Code of Virginia pe~its the Council ~f the City of ~oanoke to ~R~AS, the use of said l~th Street, N. ~., by the public is no~ interfered ~lth as a result of said encroa~ment, a~ ~EAS~ request has been ~ade that no action be t~en to requl~e removal of said cinder block g~age a~ that the ~e be pe~ttted to re~aln present location until such time as said garage Is re~ved or replaced. '1'9'1 ;1'92 THEI~POI~F., I~ IT ORDAINED by the Council of the City of Roanoke that Vo l~, Het~ and Julia B. ~etz, their successors or aseigns~ bet and they are hereby ~rante~ permission for said garage es now exietin~ on Lot ?/~, Block' ~lt, accordir~ to the Revised Hap of Rugby Land Company, to encroach on said lath Street, N, 1/o, for a distance of approximately ~o9 feet, wi'th the proviso~ however0 that if smd ~hen the present garage is removed or replaced, that the same shall be constructed so as not to encroach upon said lath Street, and with the further proviso that if in the future the City of Roanoke desires to uso said portion of lath ~treet on which said £era~e encroaches the proper owner ~ill remove said encroachment upon notice of sixty days, BB IT FURTHER O~DAI1/ED that the asid¥.lt. Het~ and Julia B. Ifetz, their successors or sesigns~ by actin~ under this Ordinance~ agree to inde~nify and same harmless the City of Roanoke from all clai.~e for damages to persons or property by reason of the existence and encroachment of said lath Street. The Ordinance having been read, ~as laid over. BUDGET-POLICE DF. PA~T~ENT: The City Attorney hsvlr~ been requested to prepar~ the props; He.~olution, authorizir~ the employment of an additional co~unications officer in the Police Department for the ~erlod from Hay 1, 19S3, thruu~h Dece~ber ]1, 1953, the Assistant City Attorney presented ss.~.e: whereupon, Hr. Htntin offered the following: (#1179~) A RESOLUTION authorizin~ the employment of an additional co~unlca. tlorm officer in the Police Department for the period from Hay 1, 19S3, through December 31, 19S3; and provldlr~. [or an emerienCyo (For full text of Resolution, see Ordinance Book 1/o. 19, Page ,Hr. Hinton moved the adoption'of the Resolution. ~he motion was seconded b Hr. Waldrop and adopted by the followir~ votes AYES: t/.essrs. Hlnton, I/aldrop, t/oody, Young, and the President, Hr. NAYS: None .......... O. ZONI~6: The City Attorney havlr~ been requested t o prepare the proper Ordinance, amending the Zoning Ordinance in accordance with su~gestions submitted by the Buildin~ Inspector, the Assistant City Attorney presented same; whereupon, Hr. 1/oody moved that the following Ordinance be placed upon its first readings The ~otion ~aa seconded by Pa-° I/aldrop and adopted by the £ollo~lnE vote-' AYES: Hessrs. Hlntcn, l~aldrop~ I/sealy, Yours, and the President, Hr. I/ebber- NAY$~ None ............ {#1179S) Ali ORDINAllCE ~mending and reordainir~ -~ection ~, ~uildin~ lines where no buildings exist, and Section 7, BuildlnF~ lines where bulldir~s alread[ ext of AI~?ICLE II. 6ENEpAr. ItESIEEllCE DISTRICTi and also Section 1~, .B. ulldini lines .~h~rt no butldtn~.s e. xist, smd Section 15, Ruildin~ lines ~here buildir~e already exist, of A~TIDLE llI. SPECIAL RESIDENCE DISTItlCT, all a part o£ Chapter Si. ZONI-~IG. of the Code of the City Of Roanoke. I~t~REAS, purmuant to Section 62 (h)of the Charter of the City of ftoanoke, a public hearir~ ~as heretofore held beforethe Council on Honday, April ~Oth, at a o~clock, p. mo, in the Council Chamber, on the questions of amending and reordaining those sections of Chapter al. Z0NlllG. o£ the Code of the City of Boanokt 'hereinafter mentioned, prior to which said public hearing notice had been ~iven the manner and within the tine provided by Section 62(/$) of the Charter, and at which public hearir~ all parties in interest and citizens were ~iven an opportunity to be heard, THEREFOHE,' BE IT ORDAINED by the Council o~' the bity of Roanoke that 6w Building lines where no bulldinss exist, of ARTICLE II. GENERAL R~IDENCE DISTRI~. of ~haptar ~1, ZONING, of the Code of the City of Roanoke, be, and it is hereby, a~ended and reordained to read a~d provide as follews~ -~ec. 6. Buildir~ lines where no bulldin~s exist. In a seneral residence district where no houses occupy one side cf a street between two intersecting streets, one to the risht and one to the left, no building shall be erected or altered to exter~ closer to ar~ lot line than the followins~ s. No bulldin~ shall be erected or altered so that the front wall of the building will be closer to the front lot line than ~ feet where the property Is located on a street of 60 feet or ~ore in width, or ~0 feet where the street Is leas than 60 feet in width. b. Excep't for the provisions contained in paragraph ~d' of this section, no bulldin~ shall be erected or altered so that the side ~all or any projection thereof, includin/~ steps, porte-cocheres, closed or unenclosed balconies and porches, will be closer to either side line of the lot than a distance equal to ten per centum of the average width of. the lot, or ~ feet, ~hichever ls ~reatero co Except for the provisions contained in pareFra~h ~d' of this section~ no building shall be erected or altered so that the rear wall of the bulldin/~, or any projection thereof except steps, unenclosed balconie~ ane unenclosed porches, Is closer than ~ feet to the rear lot line. do An unattached ~araEe or other permitted outbutldir~ located at least ~ feet behind the required Front bulldin~ lir~ may be erected or altered so that it will be not closer than ~ Feet to either side line of the lot~ nor closer than ~ feet to the rear line of the lot. eo ~ere a setback llne has been established Fop ~treet ~tdenin~ the bulldl~ line shall be measured from such established setback lin~. ~E ~ F~TH~ 0~ that 3action 7. Bulld~ line~ ~ere ,~lread[ e~lst, of A~TIC~ II. GB~L ~S~N~ DISTRICT. of Chapter ~1. of ~e Code of the City of Ro~noke~ be, and It l~ hereby~ ~e~ed and ~eordained to read a~ provide a~ follo~s~ In a ~eneral residence district ~he~ hou~es already occupy the same s~de ?f the street as that proposed to be built upon, between the t~o s~ree~s, one to the right ~d one to the left, ~ bul!dl~ sh~l be erected oP altered that does not co~o~ to the re~lre~nts of paraEraphs (b), (c), (d) a~ of Section 6. ~lldln~ lima where ~ buildings exist, supra, and, ~theP, no bulld[~ shall' be ePected oP ~tered so t~t ~e front ~1 of the buildlnF project beyond a straight line dPawn f~m the f~nt w~l of the existing on one side of the p~oposed bui]d~n~ to the f~nt wall of the ex~stl~ butldl~ on othe~ side of the proposed buildl~, o~ If the~e is an existlnF bulldl= on only one~ side within the s~e block, then the front wall of the proposed bulld[n~ shall ~ close~ to the f~ont lot line than the f~nt w~l of this exl=tin= build~ ..... ~nsn i> ree~ I-~m ~ne front line of the lot. ~ere the street is Curves ~ the bulldl~ line ,hall rollo~ the curve ov a~le, of the street BE ~ ~HT~ O~DAI~ that Section 1~. ~ildlni ll~s ~ere no ~xist. of ~TIC~ III. SPECIAL ~S~ DISTRI~ of ~ter ~1. ZONING. of the Code of the City of Roanoke, be, and It [~ hereby, ~ended ~d reordained to read and provide as Sec. 1~. ~ildi~ lines ~ere no bulldin~s exist. Zn a special residence district where no houses occupy one side of a stree~ between two lntersecti~ streets, one to the ri~t and one to the left, no building shall be erected or altered to exte~ closer to any lot 11~ than ~e following: a. No ~ild[~ sh~l be erected or ~tered so ~at the f~nt wall of the bu~ldl~ will be closer to the f~nt lot ll~ then 25 feet where the p~perty Is located on a street of 60 feet or more In width, or 30 feet ~ere the street Is less than 60 feet In width. 193 bo Except for the provisions contained in para~aph sd' o~ this section no bulldin~ shall be erected or altered so that the sidc ~all o~ p~oJeotion the~8o~ l~ludlM steps~ po~ta-coehe~es~ closed o~ ~ u~ncloned balconies a~ po~chess ~ill be close~ to eithe~ side line o~ t~e lot th~n n diet.ce equal to f~ve pe~ centum o~ ~p nve~age c. ~eept ~o~ the p~ovisions contnl~d in p~E~h ~dn of ~is section no bulldl~ sh~l be erected o~ alte~d so that ~e rea~ wall of ~e bulld~, oP a~ projection the~o~ except steps~ unenclosed balcon~e and unenclosed porches, Is close~ t~n 1~ ~eet to the ~a~ lot d. An unattached Fa~aEe o~ o~e~ ~itted outbulldl~ located at least P~ feet behl~ ~e ~equired Front bulldin~ ll~ may be erected o~ alte~d s~ ~at It w~ll ~ no close~ than ~ feet to eithe~ side line o~ the lot~ no~ clos~ ~an 3 Feet ~ the re~ line o~ the lot. e., ~ere a setback line has been established ~or street w~denl~ purposes ,.~e bulldinE line ~1 be secured firm ~u~ established setback ~nd __ of ~IC~ III. SPECIAL R~ DISTHIC~. of Chapte~ 51. ZONINg. of the Cod~ of the City of ~anoke, be, a~ It Is hereby, ~e~ed and reordained to read and ~ ,rovide as foll~s~ i In a ~pecial residence district ~ere ho~e~ already occupy the ;lde~ the street as that p~po$ed ~ ~e built upon~ between the t~ lnte~sectin~ i~treets, one to the vl~t and one to the left, no bulld[~ shall be erected o~ alter~ '~th~t does not co~o~ ~ ~e requirements of paregrsph~ (b), (c), (d) a~ (e) of Section 1~. Bulldl~ lines ~ePe ~ buildi~ exist, supra, an~, further, ~ bulldt~ ~shall be erected o~ altered ~o that the f~t ~all o~ the ~ilding ~all project ~beyond a straiFht line ~a~ f~ ~e front wall of t~ existing buildtn~ on one side of the p~posed building to the front wall of the eximtinE buildi~ on the '~othem ~de of the propomed building, or if the~e ~m an~lstin~ buildin~ 'on only one ~lde ~[thln ~e same block, then the f~nt ~dl of ~e p~oposed building shall ~ no ~losev to the front lot line th~ the f~nt ~all of this existl~ building, except t~t this ~lation shall In no case require the ~ln bu~lding to be located more than 75 feet from the front line of the lot. h~ere the ~treet la c~ved or a~led, the bulldl~ line shall follo~ the c~ve or ~les of the ~treet rather than to be a ~stratght lineo ~e ~dl~nce havln~beenPead, ~a~ laid STR~S AND ~L~S: The City Attorney having ~en requested to p~ep~e the p~oper measure, aw~dl~ the contPact fo~ street improvement on F[f~ Stveet~ N. at Lucy Addison High School, to H. S. Hudgins, on the ba~ls of o~ttlng the curb and {~ttev cons~vuctlon on ~e east side of F~ Street, ~e Assl~ant City Attorney ~resented draft of an emergency ~dina~e; ~ereupon, ~. Hlnton offfePed the (~1179G) AN OHDINANCE a~ardfn~ a contract to H. S. Hud~l~ fop ce~taln mublic ~treet l~p~vements on Fiffth Street, N. W.~ upon certa~ntem~ ~d co~itions~ a~ ~rov~d[n~ fop an emergency. (Fop full text o~ O~lnance, see O~ln~ce ~ok No. 19, Pa~e ~6.) ~. Htnton moved the adoption off the Ordinance. The motion ~as seconded by [r.~aldrop a~ adopted ~ the ffollo~t~ vote~ A~S: Hessrs. Hlnton, Wald~p, Woody, Young, and the President, H~. Webber-~. ~YSf None--~ .... HOTIONS ~ HISC~L~OUS TS~FIC~ ~. ~drop b~ou~t to the atte~lon of Council the matteP of [ncreasin~ mpeed limits In ~parsely settled outlyin~ districts in confo~lty with ~tate law mo as ~ expedite the move~nt of traffic~ ~. ~ald~p pointtnE out that ~tate lay supersedes local ~latl~ therefore, the city has no alternative but tc :omply, a~ suggested that the T~fic C~e of the City of Ho~oke be amended to ~rovide that ~ere ~cal re~lations co~lict ~lth ~tate la~ as to speed limits state [a~ shall prevail. ' A~ter a discussion o$ tho matter, other me~bere of Council lndicstir~ a deei to ascertain ~xich areas in the city would be affected, Hr, Waldrop ~oved that the City Hanager be requested to study the entrances to the city and advise Council ~hethe~ o~ not state law ~ould prevail In t~ese areas, The motion was seconded by H~, ¥gur~ and unanimously adopted, There being no further business, Council ~dJourned, ATTEST: Clerk APPROVED . 195 COUNCIL, REGULAR MI"I'IIKO~ Benday, May 11, 19~3. The Council of the City of itoen-ke mst in re~ula~ meetin~ in the Circuit Court Boom in the Hunicipal Buildir~, Hondsy, Hay 11, 19~, at ~ o~clock, p, the re~ula~ ~etin~ hour, .vith the President, ~,. Yebber, FR~E~= ~esers, Hinton~ ~ald~p~ ~oody~ You~ and the Preaident~ Hr, ~ebbe A~E~t No~ ........... O. O~IC~S PRESEt{ ~. Arthur ~. ~*ns, City M~agem, ~. Rs~olph O. hhittle City Attorney, ~ ~. Harry R. Yates, City Auditor. The meeting was opened with a prayer ~ the Reverend C. W. Buag8. ~r., Assistant Pastor of Greene f~morial Methodist ~urch. HI~F~: Copy of the ml~tes of ~e regular meetl~ held on Horsy, April 19~3, having been F~nished each ~e~ o f Council, upon motion of Mr. Minton, seco~ed by ~. Young ~d unanimously adopted, the reading was dispensed with and ~the mlr~tes approved as recorded, At this point, the President, Mu. Webber, introduced Pro~essor H. L. Horn }members of ~e ~niclpal Govern=ent Class at Virginia Polytechnic Institute who were] present to observe the proceedings of Cou~il, exte~lng a welcome to Professor HornJ ? a~ to the ~tudents for and on behal~ o~ Council and C1~ officials. H~RI~{G OF CITIZENS UPON ~BLIC P~ERS: ~AFent on three 19~3 model automobiles for use tn the Police Department, said bids to ~and to be opened be*ore the Couall of the City of Roanoke at that hour the Preslde~t ~i~, Webber, asked If there ~as anyone present w~ did not ~11~ understad the Requelts for ~uotatlon, If there was anyone present ~o ~d been denied the privilege or If there were any ~estions anyone would llke to ask, ~nd no representative pre,el raisln~ any questfom, the President instructed the Clerk to proceed with the opening of ~e three bids received on the automobiles. The bids having been opened a~ ~bllcly read before Coumfl, M~. Woo~y (~11~9~ A ~OLbUION referring bids on t~ee automobiles rom the Police Deportment to a co~Ittee composed of M~. Arthur ~. Owens,City Mana~e~, ~m. Harry R. Yates, City Auditor, a~ ~. H. B. Moss, P~chas[~Agent, ~or tabulation a~ report to the Council of the Cit2 of Roanoke. (For full text of Resolution, see Ordt~ce Book No. 19, Page 350.) Mr. Woody moved ~e adoption of the nesolutlon. 'i'he motion w~s seconded by ~. Waldrop ~d adopted by the ~ollo~ vote: AYES: Messrs. Minton, Waldrop, Woody, You~, a~ the President, Hr. Webber- NAYS: None .............. O. PARKS A~ PMYGROU~S-WAT~ DEPARTM~T: P~suant to notice off adverttseaent rom blds rom the privilege of operattna concessions at Carvlns Cove, Washington Park~] and Rockledge I~ and/or Mill ~untaln Zoo, said bids to be received by the ~rcbast Agent until 2:~ o'clock, p. m., Monday, May 11, 1953, and to be opened before the ~ II Council of the City of Roanoke at that houm, the President, Mr. Webber, asked if the: vas anyone present ~ho did not fully understand the advertisement, 1£ there was anyone present who had been denied the privilege of bidding or iff there were any questions anyone would like to ask, and no one present raising any question, the President instructed the Clerk to proceed with the o~enin~ of the two bids received for CarvinsCove, the th~se bids received for Washington Park ard the ~hree bids received for Rockledge Inn and/or Hill Hcuntain Zoo. The bids having been opened and publicly read before Council, Hr. ¥our~ offered the following Nesolution~ (~11708) A RESOLUTION referrlr~b ids for the privilege of operating concess! at Carvins Cove, Washington Park and Rockledge Inn and/or Mill Hountain respectively, to a co~nuittee composed of Hr. A~thur S. O~ens, 6iCy Henager, Hsrry ~o Yatee, City Auditor, and Hr. Robert Po Runter, Director of the Department of Parks and Recreation, for tab~lation and report to the Council of the city of (For full text of ~esolution, s~e Ordinance Book No. 19, Page ]~1o) Hr. ¥oun~ moved the adoption of the Resol~tlono The ~tton was seconded by ~ro ~aldrop and ado[ted by the Follo~Ing vote~ Ak~S: ~essrso Minton, ~aldrop, hoody, Young, and the President, Mr. ~ebber-~ NAYS~ None ............ O. ~TR~TS Ah]3 A~LEYS: M~. J. ~. Ingram appeared before Councll aud presented the follow[nE pe%ltlon requesting the closlng of an alley in the 1600 block of ~Ise Avenue, S. "IN THE COJNCIL FOH T~ CITY OF ROAKOKE, VIRGINIA IN RE: APPLICATION TO Thee COUNCIL FOR [~E C IT~ OF ROANOKE, VIRGINIA, TO VACATE A CERTAIN IO-?OOT ALLEY LYinG %~ST OF AND ~ARALLEL TO 17th STREET, S. E., A~D BOUNDED ON THE S~JTH BY ~ISE AVEe~JE AND ON NORTH BY A I~-F00TALLEYRUNNIN~ PAST A~D WEST ~ET~'EEN 16th Ak])l?th STREETS. PETITION TO T~E COUNCIL F0R THE CITY O? ROAN0}~, ¥IROINIA: Your petitioners, ~. H. Low, an, G. C. Jor~s, and H. E. Vernon, T~uetees Of the Uhurch of Uod of Prophecy; M. A. Tomlln~on, General Overseer of the Church of God of Prophecy; and Krs. Myrtle R° Saunders~ widow, Will! ~n Henry E-ask and Mary C~pbell ~ck, his wlfe, }iPs. Grace Lee 'oolrldge, widow, Miss Lllllan P. ~ck, and }~s. Addle Perkins Barrett ~nd Jack E. ~arrett, her husband, heirs at law of Mrs. Addte L. Buck, respectfully represent that: (1) The map of Kfn~ Investment Company, dated December ~3, 1903~ and flled in the Engineer's Office of the City o£ Rpenoke, Virginia, reveals e certain 10 foot alley, more fully described belo~, lying west of and parallel to 17th Street, S. E., traversing the property according to the aforesaid map fro~ Wise Avenue on the south a distance of 170 feet to s 12 foot alley on the north runnlr~ east and west ~tween 16th and 17th Streets, &. E. (R) This 10 foot alley is bounded on the west by Lot 13 and on the east by lots 1~, 15, 16, and 17, inclusive, both accordtnE to the aforesaid map of Ktr~ Investment Cozpany. (3) Both of the£e parcels ~Ich constitute all the property abutting upon the ~foresald alle~ are owned in fee simply by your petitioners. Lot 13 was con~eyed to the rustees for the Church of God of Prophecy and M. A. To.m. llnson, General Overseer of the Church of God of Prophecy, by deed from the Trustees of the Church of ~od dated the 2r~ day of February, 1953, and recorded on the ~th day of March, 1953, in Deed Book 897, page 28~, of the Clerk's Office of the EustingsCourt for the City of Roanoke, Virginia, Lots 1~, 15, 16 end 17 were conveyed to Krs. Addle L. ~uck by deed McGee, et ui, dated No;ember 18, 191~, and recorded November ~1, Deed Book ~7, pa~e ~, of the Clerk's Office of the Mustings Court for the Clty of ~oanoke, Virginia, sod descended to her heirs, who are parties to this instrument, upon her death intestate on May 2, 1919. (4) There are no credttor~ having a lien upon any of these.abutting properties. (5) Although the properties abutting the said 10 foot alley as shown on the King Investment Company map have been continually conveyed with reference to the said alley since the platting of the subdivision nearly a half century ago, this alley appears never t o have existed in fact or used for the purpose to which it was intended. ·i9'7 ",.!:98 (6) It ia the desire of your petitioners as the owners of all properties abutting this 10 foot alley that such alley be permanently vacated and to that effect and in pursuance of Section 1~c-7~6ol, Code of Virginia (19~0 Sup your petitioners have executed and acknowledged an agreement dated February 19~3, declarin~ their desire that this alley be vacated, (7) This Proposed vacation has been submitted to and approved byythe Roanoke City Planoir~ Com~lssion pursuant to -~ection 1~-909, Code of irgini (19~:o}. (8) -~uch vacation will neither abridge nor destroy any of the rights privileges of other property owners within the bounds o£ the area shown on the aforesaid map of the King Investment Company. (9) ~ha approval of this vacation must be obtained by this Council as the governing body of the City in ~hich the alley to be vacated is now located. WHEREPOP~ your petitlonera pray that~ (a) This council may officially express its approval of the vacation of the hereinafter described allay wholly situate in the City of noanoke, B~INNI.~] at a point on the norther]jaMs of Wise deg. 3~ min. ~est 130 ft. fro~ t~e northwesterlypolntAVenUaofS°uthinter-72 section of Wise Avenue ard 17th 'treat (fomerly Pleasant Street); thence North 17 deg. ~6 min. West 170 ft. to a point on a 17 ft. alley ar~ corner to Lot 1~; thence -~outh ?~. de~. 3~ min. West 10 ft. to a point on said la ft. alley and corner to Lot 13; thence along the easterly line of Lot 13 South 17 deg. a6 min. East 170 ft. to a point on Wise Averse and corner to Lot 13~ thence along Wise Aver~le North 7~ deg. ~ rain. East 10 ft. to the place of BEGINNING. (b) All right, title and interest of the City of Roanoke and public in this alley r~y be released. (c) The City Enginoer may be directed to mark vacated the above described alley on all maps and plats on file in his orifice. (d) A certified copy of the appropriate ordinsnce ~ilich .may be enacted by this council may be delivered to your petitlcners for recordation togethe with the agreement of vacation. Respectfully, Ii. lt. Low~..an, Go C. JOnes, and H. Eo Vernon, THUSTEF~5 OF TILE CHURCH OF GOD 0P PROPHECY M. A. Tomlln~on, GENERAL 0V~SFER 0P ~ CHURCH O~ C, 0D OF ~ROPHECY Hrs. Eyrtle H. Saunders, ~llliam Buck and Mary Campbell Buck, Mrs. GraCe Lee ~oolridge, Miss Llllian P. Buck, Mrs. Addte Perkins Barrett and Jack E. Barrett, HEIRS AT LAW OF HRS. ADDLE L. BUCK (Signed} By J~ Wilson Ingram Counsel J.Wllson In~r~, p.q. 231 Shenandomh Building Roanoke, Virginia -Attorney for Petitioners~ Also in this connection, the City Clerk presented the following co~untcati~ from the City Planning Commission: "January 30, 1953. The Honorable R. L. Webber, Mayor, and Members of CityCounctl, Roar~ke, ~Irgtnia. 6entlezen: The City Planning to,~-ataalonhaa been asked for an opininn in regard to the vacating and closing o£ a north-and-south alley, 170 feet in length, which ia located north of Wise Aver Axe, S. E.~ between the property of the Trustees of the Church of 6od of Prophecy, 1610 Wise Aven~e, $.E., and the property of the heirs of lips. Addle L. Buck, located at 1620 Wise Avenue., S. E., (located between Lot 13 and Lot 1~, King Investment Company Fmp.) It appears to the Core, lesion, from an investigation made, that said alley la not necessary to serve the property owners in the ir~r. odlate vleln that it has raver been opened to the east-and-west alley located adjacent thereto on the north, and that no public utilities are located therein. Tho Cou~alasion is of the opinion that neither the rlghts of the City nor those of the property o~nere in the immediate vicinity will be adversely affected ~y the closing of said alley. The City Planning Coutmlsalon reco~euds to Council that said alley be cloeed and vacated on condition that a petition be filed in accordance with the provisions of the State law, and that the question be referred to the Ci Attorney as to the pro,er procedure. Respectfully submitted, (blsned) ~. J. I~Corkindale, Jr. Chalrman." In a discussion of the request, the ~resident, Hr. Webber, advised that even though a signed agreemen~ of all abutting property owners has been obtained, it is the policy of Council to hold a public hearing on ~uch requests{ whereupon~ Mr.~aldr, moved that a public hearing be held at 2:00 o'clock, p. m., Hunday, June 1~, The motion was seconded by Hr, Woody and unanlu~usly adopted. TRAPPIC{ Hr. George Draper, Attorney, appeared before Council along with a delecation of citizens and church r~mber~ from the First Christian Church, ~h Chu: Avenue, ~. ~., and the Central Church of the Brethren, hl6 Church Avenue, S. ~., a~ presented the following request in connection with parkinF during church services: To the Honorable Hayor and Members o F City Council, Roanoke, Virginia. The undersigned respectfully petition the honorable ~overn!ng body for the City of Roanoke, Vircinla, as WHEREAS, ~e as representatives of our con~re~ations have recently received a co..~uunlcatlon from City Hanager Arthur S. Owens to the effect that all parkin~ restrictions will be fully enforced on bundays, and k~HEREAS, It has been necessary that certain areas in close proximity our churches that were in restricted areas be used to park automobiles for the accom.~odatlon of those people attending our church services, and WHEREAS, if the strict enforcement of parking regulations ~n the above referred to areas is carrled out it will work a distinct hardship upon our churches, and ~EREAS, ourch6rches are located on West Church Avenue between Third and Flfth Streets, S.W., which is a one way street wlth traffic traveling east we feel that our situation is a peculiar situation. THEREFORE, we hereby respectfully request that we be allowed to contlnu~ to have parking on either side of said street during church servlces on Sundays. Respectfully submitted, (Signed) Were H. Rogers Were H. Rogers, Pastor First Christian Church, 34~ Chur~ ~Slgned) Merlin E. GarbeP Merlin E. Gather, Pastor Central Church of the Brethren, 416 Church Ave., S. W." In a discussion of the request, .Mr. M~nton expressed the opinion that parking should be allowed on both sides of Church Avenue, S. W., and in any other area where possible during the church services. Mr. Woody expressed the thought that s c~e study should be made of the request before Councll adopts any pollcy. After a further discussion, Mr. Minton ~oved .that the request be referred to the City Manager for study and report b~ck to Council. The motion was seconded by Wald~op and unanimously ~dopted. STREgTS A~O ALLEYS: Mr. G. W. Coleman, 2304 Kermlt Avenue, N. E., appeared before Council and requested that Kermit Avenue, N. E., be more adequately marked with street markers, stating ~hat at present the street ia not marked and delivery men 199 ar~d citizens can not easily find this street, The matter was referred to the City Hanager 'for disposition, HOUSI~ Hr. Hlchard L. ~eck, Executive Director of the City of Roanoke Redevelopment and Housing Authority, appeared before Council and presented the following communication from Hr, C. Fred Hangus, Chairman of the City of Roanoke RedeYelopment and Houain~ Authority, along with plans for redevelopment of an area within the City of Roanoke aa shown on maps and plans, designated "Commonwealth RedeYelopnent ProJect#~ To the Honorable Council of the City of Roanoke, Virginia 6entlemenl The City o~ Roanoke ~edevelop=ent and Housing Authority transmits herewith for your consideration a plan for redevelopment of the area within the of Ro~ncke sho'~non the attached maps, designated '~o~onwealth Redevelop=er ProJectt. The proposed program of slum clearar~e and urban redevelopment would be carried out under Section 36-h8 through 36-55 of the Code of Virginia, 1950, with financial assistance from the Federal government under Title I of the Housing Act of 19~9, 'l'he purpose is to clear predominantly slum and blighted areas and to redevelop them in a manner consistent with the sound needs of con. unity, with maximum opportunity afforded for the participation of prtvat~ enterprise. More spec~fically, the objectives are set forth in the state enabling legislation which provides that the ~ity Council shall approve the redevelop- ment plan for the project ares, which plan 'provides an ontllne for the development or redevelopment of said ~rea and is sufficiently complete (1) to indicate its relationship to definite local objectives as to appropriate land uses ~nd improved traffic, public transportation, public utillties~ recreational and co~-~unity facilities and other public improvements{ (?) to indicate proposed l~nd uses and building requirements in the area; [3) to ~ndicate the land ~n the ~rem to be made available to private enterprise for redevelopment and that land which is to be made available to public enterpri: for redevelopment; and (~) to indicate the method for the temporary relocat~ of persons living in such area; and also the metbod for providing (unless already a~allable) decent, safe nnd sanitary dwellings in the locality subst~ntially equal in number to the nu~mber of substandard dwellings to be cleared from said area at rents within the financial reach of the income groups displaced from such substandard dwellings.' Th~ Federal statute, under which Federal financial assistance is contemplate~ requires the Council, in approving the redevelopment plan, to make the fotlo~ lng flndin~s: 1. That Federal flnanclel aid ~s necessary to enable the land within th, project ames to Be redeveloped ina ccordanee with the redevelopment plan; 2. That the redevelopment plan affords maximum opportunity, consls~ent with the sound needs of the locality as a whole, for the redevelopme: of such area by private enterprise; and 3. That the redevelopment plan conforms to a general plan for the development of the locality as aw hole. We are confident that the pro~osed redevelopment plan fulfills the requiremeqts of both the State and Federal laws and provides adequate information and evidence tO demonstrate the ~ethods by which the objectives of the State and~ Federal legislation are met, and is sufficient in every necessary detail to support the findings required ~y law. Undoubtedly, however, the City Councll will wish to refer the Redevelopment Plan to the City Planning Commission for its study and review of the plannin aspects, in order that the Planning Commission may make a recommendation to Council as to their findings regarding lis conformance to the general plan of the City and its recor~endation with respect to the execution of said pla By the time the Planning ~o~isslon has made its revlew and recom-mendmtion the Redevelopment Plan for the Co~onwealth Project, th~s Authority will submit to Council financial estimmtes and the necesserylegal documents for Council's consideration. Tb_roughout the preparation of this plan, cooperation and assistance were freely given by the City Manager, the City Plannln~ Co~mission~ the Departmer of Public Works, the Roanoke School Board, and other City ~genctes to which the ~ity of Roanoke Redevelopment and Housing Au%horlty w~shes tn acknowledg~ its indebtedness. The Authority respectfully ~ecommends favorable action on the proposed redevelopment plan for the ~om~onwealth Project. Very truly yours, (Signed) C. Fred Mangus Chairman" ~. Woody moved that the plane and requeets be r alerted to the City Planning Commission end the City Manager for etudy~ r aport and reco~mendation, The motion was eeconded by Hi-, Your~ and adopted by the following votes AYES; Heaere, Waldrop, Moody, Younc, and the Preeident, HI,, Webberoo-~, NAYS~ ~. Hlnton .............. 1. PETITIONS A~ COKMUNICATION~ ZOHING~ A co~unication from ~[~. and Mrs. L. B. Trainor, 1125 Fairfax Avenue N. W., asking that their.property located on the north side of Fairfax Avenue, N. W. between Eleventh Street and Twel£th Htreet, des~nated as OF~cl~ NO. ~11010~ end ~unninE th~u~h the block to ~o~sn Avenue~ N. W.~ be ~zoned from ~e~ral ~esidenc~ D~strlct to Bus[~ss D~str~ct~ was before the request fo~ ~ezon~nF was referred to the City Planning Co~.~Iss~on fo~ study~ ~repo~t and reco~e~atlon, ZONI~ A co~unicatlon from Dr. W. O. Porter, represen~l~ his sister, Olive Porter Heyer, owner of p~perty located at 11~1Fairfax Avenue, N. W., that her propertylocated on the north side of Feirfax Avenue, N. W., between Elevent~ ~treet and Twelfth ~treet, deslg~ted as Offlclal No. 2110103, ~d running t~ugh the block to ~oor~an Ave~e, N. W.. be taloned fro~ ~e~r21ResldenceD[strlct to ~slnes~ District, was before Council. On motion of Mr. H[nton, seconded by ~. Wald~p and unanimously adopted, the request for rezcning was referred to the City Planning ~o~lssion for study, report and reco~mendatlon. ST~ LIGHTS: A communication f~m the Appalachian Electric Power Co. any, setting forth the locations of street lights installed during the month of 1953, was before Council. The co.un[cation was filed. ~IT~PENSIO~S: A c~unication from Er. Harry R. Yates, Secretary-Treasurer of the ~mployees' Ret~re~nt System of ~e City of ~oanoke, together with the audit report of A. R. Ee~nett a~ Company for the ~ a~ 195P, was before Council. The co~nicat~on and report were f~led. STORH D~INS: The following co~un[cetion s~g~d by property ow~rs living the ~en ~rlve, N. W., a~ Floral~d Drive, N. W., are~ In con~ction with the drainage of storm water, was before Councll: ~oanoke, Virginia Eay ~. 1953 ~embers of City Council Ro~oke, VirgXnta ~ls Is tn rega~ to sub-divis~on of property known as '~o~w Place', located between Floral~d Dr~ve, N. ~g., a~ ~ershberger~Roa~. It la the u~ersigns u~erstandi~ ~hat ~he Cl~y of Ho~oke has issued per~l~ for ~e Contractor doing th~s work ~o drain all wa~er from ~his sub-dXvision ln~o Eden Drive, N. W., which drains a~ the present ~i~e into Floraland It Is also our unders~andi~ ~hat ~he City of ~oa~ke is well aware of ~e condition t~t exists at the present time because of ~h~s drainage, as well as ~he d~ge it has done ~o private proper~y tn the past. At ~he present ti~ we have water st~ above ~he normal ~ount after each rain without a~ f~her precip~tation be~ ~urned on us, and as ~ax paying property owners, we ~ not ~hink l~ ~s Justifiable to ope~ a sub-division at ~he detriment of older residences. 20'l '202 We the undersigned propertyoYnera ask that the City off Roanoke review this situation before allowing this dralnaza system to be installed, Also ye would like to advise the City of Roanoke that we will hold the said City responsible for all actual dm~aEes resultin~ £~om the above mentioned situation= RespectFully~ (51E~d) James R, Gross (Signed} }ire. ~. H, Evans (~l~ned] R, B. Matthews {~lgned} Robert H, Layman (Signed) Mrs, Wlllimm Reedy On mot$on ~'Hr, Hlnton~ seconded by ~, Wald~op and urmnlmausly adopted, ~atter vas referred to the City Hansg~r for study and report to Council, R£P0~OP OFPIC£RS~ GRADE CR02$ING$~ Council at its last regular meatin~ having adopted ~e$olutl No, 11790s suthorllln~ and directin~ the City Hana~er to employ the services of three ne~otlators for the purpose o£ ~ecurin~options to purchase certain properties in connection vlth the construct!ch of the ~effer~on 5treat Viaduct, the City submitted the following reportl "Hoanoke, Vlr~Inla May 11, 19~3 To The City Council Roanoke, Virginia Gentle~en~ On May 7, 1953, a~ 10:00 o'clock, a. m., Mr. Frank Nelson, Prom the Nor£ol2 and Western Railway Company, Mr. D. M. Etheridge, Mr. C. W. Francis, Mr. R. L. Hush, and I mat in my office to discuss various phases of the negotiat~ons for property for the viaduct. Satisfactory arrangenents ~ere ~a~e and concurred In by representatives of the Rail~ay Company; and I am attaching for the records and would llke to read to you the follo~Ing a~reement submitted by the negotiators: 'May 8, 19%3 Mt. Arthur S. Owens, M~nager City of Ho~noke Roanoke, Virginia Re: Work on Proposed Viaduct over NorColk& Western Railroad Crossing at Jefferson Street, Roanoke, Virginia Dear ~r. We appreciate the appointment ss negotiators to purchase the pro~erty needed for the abovementloned viaduct. This te to advise that our charges for services in this connection will be ~50.00 per day or shy part thereof for each of us. There will also be certain other expense for stenographic work. We shall make pro~ress reports to you weekly, be~fr~ing Friday, May 19%3. Very truly yours, (~fgned) D. M. Ether~dge (&tgnedI C. ~. Francis, Jr. .(Signed] R. L. Rush, Your attention is especially invited to the last paragraph. Respectfully submitted, [~fgned) Arthur S. Owens City Map~ger" On motion of Y~. Woody, seconded by Mr. Young and unanimously adopted, the ~ort was accepted. STRFETS A.%~ ;~LEYS: The recommendation of the City Planning Com~IssIon that the city ~urchaae 18~ feet of the northern portion of Lot 10, Airlee Court Annex, located at the southwest corner of Hawthorne Road and Helms Lane, N. W., f rom Mr. f. E. Hrown, for tke ~uture widening of Nelms Lane, ha¥1ng been referred to the City for study, report and recomar, endatlon, he submitted the following report~ SRoanoke, Virginia May 11, 1953 To ~hs'City Council ' ' Roanoke, Virlinia Gentlemen~ The Planning Commlasion submitted to you a recommendation to purchase ?0 feet of land from Hr. Karl E. Brown For street widening purposes on There are two key pieces of pro~erty along Nslms Lanai one owned by Brown and the second by. Mr. To Campbell Gray and Clara Virginia Gray. I discussed with Hrs. Gray a proposal that, since Mr, Brownts troperty had been appraised and the $?00.00 appeared reasonable to uss they entertain a like proposal for their ovn property, The difference in square footage ia infinitesimal. ! am attachim& hereto a proposal from Hrs. Grayl and I would reco~nd to Council that if they decide to purchase the Brown prcperty they should also consider acquirlnt; the Gray property. The accomplishment of these two purchases would protect the City in the future because the balance of the width could be controlled when it is developed by the subdivider being requll ~d to give adequate land for street widening purposes. Respectfully sutxaitted, (Signed) Arthur S. Owens City Manager" After a discussion of the matter and some me~-~bers of Council statir~ they would like to view the prolerty in question, the matter was tabled For one week and placed on the a~enda for May 18, 1953. AIR?ORTt The Ctty Manager ~rese~tsd copy of an analysis of the Airport income From rentals aa furnished each member of Council, along with the following renort: "Roanoke, Virginia May ll, 1953 To The City Council Roanoke, Virginia Gentlemen= I am presentlng to each of you gentlemsn as analysis of the Airport income from rentals=and also attached thereto is the reasonably accurate estimate for the Airport Restaurant plus ir~o=e from contract a~reements with American, Eastern, and Piedmont Airlines. On the second sheet, I have made an aggregate of the total income. Aggregate Income on Sheet 1 ........... $ 26,657.80 Airport rentals .................. Restaurant .................... 1,602.~2 Miscellaneous ................... 2tO00.OO ~ 97,7~O.0~ Estimated profit from gasoline .......... 6,~00.00 ~10~,O30.O2 It is Fair to assume that the City will m~ke its estimate of $110,000.0~ in the Eudget ~[ich wo~ld leave a presu~ably net profit of $25,000.00 to the 'City. With the City's investment o£ $588,O00.00 in the Airport, the ratio of income should improve yearly; ar~ this reflects a reasonable financial positron In the operation of ~oodrum Field. Beepectfully submitted, (Signed) Arthur S. Owens City Manager" In a discussion of the report, the question was again raised aa to the rents rate per square foot for floor space on the second floor of the Ad~ufnlstratlon building that was tentatively established as the rate needed to amortize the Administration Building, the City Manager advising that he would have the figures available for next week. The report was tabled until May 18, 1953. ' 203 204 Rgc~ATION DEPARTHERT{ The City Hans~er euh~ltted the follovlngreport in onnection with the T.A,Q, Center at Fifth Street and Campbell Avenue~ ~Roanoke~ Hay 11, To The Clt~Council Roanoke, Virginia 6entle~en~ It Is ~lth ~tncere re,ret that I must i~orm you that ~e have been fo~ced to diaconti~e the o~eration of.~ T.A.G. Center at Plffth Street 'and C~pbell Avenue, $, ~. With ~he entry into the bulldlr~ of a doughnut shop and the hazards; the operation of the Center from a safety angle has been Jeopardize~. Realizing you gentlemen expected full cooperation with the existing laws to safety, we had n~ alternate but to diacontinne the use of the Center. would susgest that the CltyAttcrney be authorized to advice the termination of the contract 1£ possible since the building was rented for a specific purpose, and return to the Junior League of Hoanoke the unpaid rentals that Respectfully sul~ultted, (~ned) Avthu~ 5. O~e~ C~%~ Manager" AI~o In this connection, th~ City M~n~e~ *u~Itted the follo~n~ communication if rom the Directcr of Parks a~d Recreation: F~r. Arthu~ $. Owerm City Manager Roanoke, Virginia ]3ear ~. O~en~: On &pril 9, 19~], ~hte~ Kutlins tssue~ in~truutions Fen the opeuation of the TAG Center, 5th Street and C~pbell Avenue which forced this depart- ment to cease operation or the conttnu~ce of the ~enter. ~eState Fire Marshall was ~quested to inspect the center, but to date~ no report has been received. Since the facility was rented for a specific p~pose, for which it ca~ot be used, a~, tn view of the orders of the Fire Chief that the bu!ldt~ ca,at be used as a Com~unlty Center u~er exIstl~ co~!tions, It Is requested that the City Attorney cancel the lease on the f~lllty and further request reimbursement from the ~te, April 9, 1953, on which instructions were given A rebate of all unused rent~ fu~s should ~ made to the Junior Leezue of Rganoke. Ve~ truly yours, (Signed) R. P. Hunter Director" Afte~ a discussion of the matter, Mr. You~ stated that h~ fe~sthere Is a ~eflnlte nee~ for ~e Center and w~ld like to see It continued In operation a~ ~moved that the City Manager be inst~cted to contact the o~er of the building and · scertatn 'if he will make the mcessary ~anges ~d alterations to the bu!ldlng to :omply with the requlre~nts of t~e State Fire Mortal without additional cost or to the city. The motion was seconded .~ Mr. Minton and unanimously adopted. 5~G~-ST~S ~ND A~EYS: The City M~ager su~ltted the following report "Roanoke, Virginia May 11, 1953 To The City Council Roanoke, Virginia Gentlemen: There is spproFriated in the Budget on Page 56, Account 140, Item 5, $?5,000.0? for Street Construction, Contractors. Contracts have been let to the following firms for the amounts given below{ 2O5 · . Phillip Baird (Curb and gutter) $~0,770.00 HcDowall & ~ood (Fifth Street near Lucy ~ddison School) 1~,760.~0 H. $. Hudgins This gives a total of ~80~294o2~. You requested that I secure this information ~or you~ therefore~ I ~111 nsce~sitate an appropriation of ~29h.2~ to meet existln~ corenit~ents and contracts. You w111 recall that I advised you that a portion of this money would c~me from property owners and will be deposited with the Treasurer in the gensral £undl therefore~ an appreciabl~ ~ortion of this deficit should be recaptured prior to the ter~lnaticn Of the year. RespectCully (Signed) Arthur 5. O~ens City Hans&er 1~o ~aldvop moved that Council concur in the request smd offered the follo~ln~ e~ergency 0rdlnance~ J (~1~799) AN 0~DI~ANCE to a~end and reordain Section ~1~0~ ~Street Cons tructi~n~ of the 19~3 ~udget Ordinance~ and ~rovld!ng for an (For £ull text of 0~dlnance~ see 0rdin~ce ~ook ~o. 19~ PaFe Hr. Waldro~ moved the adcgtion o£ the Ordinance. The ~otion ~ss seconded by Kr. ~oo~y and adopted b~ the folle~in~ vote: AYE_S: Ee~srs. Hinton, ~aldrop~ ~ood¥, Young, and the President, THAFPIC: ~he City Homager havlr~ been requested to check on the Issuance of courtesy cards to out-o£-to~n persons in connection ~Ith ~arkln~ he submitted the following, ~Hoanoke~ ~lr~Inla T~ The City Councll Hoanok% Vinglnla ' Gentlemen: You referred to me a suggestion to check on the issuance of courtesy cards to out-of-town per,one. The ~unerlnterE~nt of ?ollce, =e~bers of the Traffic ~ureau, and ! have conferred ~ather extensively on the suggestion as well as on the experience of other cities. Under the exlstlnf lawt, thi~ could not be aecon~lishsd unles~ by City Council of the City of ~osngke. In dotn~ sow' this w~uld ir~.edtstaly create a special class privilege; and tile Le/al Department would have to pass on Its legality. Such things as traffictickets, parking meter~, bus loadln~ zones, driving on the right, *speed cops,~ traffic ltzhts, and other nov,~al traffic controls are recognized In modern cities throue~hout the world and certainly to an excellent degree of efficiency In our own Nation. I£ y3u gentleman permit courtesy tickets by ordinance, you are allowln~ a special D~Ivilege to a group other than your own cltizena who woul~ be required to pay the fines. If you~ ordinance allo~ed a person to pay a fine by gettlna to the Court House in ten minutes, nora or less, you will have given a bonus to those ;/ac have plenty of tI~e anti require the busy people pay the fine. I have had soma limited experience with these experiments; and in my ~ud~raent, a progressive City such as ours should not adapt a practice of this type although I can appreciate the excellen~ spirit tn%,hich It is intended by many people who believe this to be a good practice. Respectfully submitted, (~lgned) A~thur S. Owens City Homager." On motion of Hr. ~aldrop, seconded by Iff. Woody and unanlmously adoDted, the ~eco-~znendatlon of the City Manager was concurred in. 206 WA.T~R DEP/J~T}~NT: A petition Ginned by the residents of Ray ~oad~ living in the 1800 block~ requesting that the city extend water mains to serve their properties,'having been referred to the City Hanager for study, report and recommend tion, he su~mitted the followir~ report{ "Roanoke, Vic~inia .Hay 11, 1~53 Ro~oke~ Oentlemenl You referred to ne on April ~7, 19~3, File ~6~B, a request from residents on Ray Road, S.E., flor ~ater. I have been advised by the ~ateu Depautment that ~hen ~d If the City acquire~ t~ Flu~ett ~ate~ ~ystem, the problem ~ould be solved In seventy- Respectfully su~ltted, [Sired] Arthur ~. ~ens City ~nager" On motion of M~j woo~, seco~ed by ~r. Hlnton and un~nimously adopted, the report was 'accepted by Uouncll, STR~S A~ ALL~S~ A petition si~d by the property o~eus and resldenta of Hanove~ Avenue, N. W., requesting that the street be paved, havlng b eon referred to tho City Manager, he submitted the Followt~ report: "Roanoke, Virginia May 11, 1953 To ~e City Council Roanoke, Virginia Gentlemen: You referred to me on April 2~, 19~3, File ~51h, a request f rom proper~ owners on Hanover Avenue, N. W., that the area between Fifth Str~et and Eighth Street be repaired. We have already included this in p~posed repairs for the 1953 season because we recognize the ~ed for smoother and bette~ streets to the new Lucy Addison Schuol. Respectfully su~itted, (Signed) ~th~ S. O~ City ~nager" The repor~ was flle~. TR~IC: A petition sAg~d by the proneuty o~ers residing tn the vicinity {~of ~e intersection of Maple Ave~e, Walnut Avenue and Pirst Street, S. W., {a pedemtrlan crossing at this intersection, having been referred tO the City Manager {he presented the following, report alon~ with a survey of the traffic condftlona: ~ "Roanoke,VirgLnia May 11, 1953 Gentlemen: On March 23, 19~3, at your regular meeting, you received a petition fro~] twenty-three citizens of Maple Avenue and Walnut Avenue and First Street, S.W., ~uggestln~ e pedestrian erosa!nE ab this intersection. Captain Frank M. Webb, Superintendent of Folice, at my direction had the Traffic Department tO ~ake e care£ul survey and analysis of ~his corner;and we have available for your perusal t~e excellent study made by the Department% ~ suggest that you accept this study today; and during the week I will forwar~ mo you photostat copies of the proposals and recon=uendattone. Your attention is tn~ited to the reco~endations on the final page. I believe propoeals one and two will solve the problem. Respectfully submitted, (Signed) Arthur S. Owens City Manager" REPORTS OF COF~ITTEES: ~ATEH DEPA~T~T: Bide for the trenching, leyin~ backflllln~ a~ street resto~ation incident to lnetalling ~atev mains, fire hydv~ts, and all avpuvtenances the~to, to~ ~roJect No. 7 of the ~ate~ Depart~nt, alon~ certain public etreete at various locatlon~ In the city. havln8 been referred to a committee fo~ ta~lation an~ report~ the co~ittee s~bnitted the follo~l~ report~ Roanoke CltyCouncil Gentle.n: Your co.otter for the Tabulation of ~td~. ~celved ~y ~, 1~), for Project 7 for the ~atev Depart~nt, respectfully audits ~e T~o blds v~ve received, a Joint bid by H. S. Hud~i~, Joe Hud21ns~ a~ Claude Pare, Jr., by H. S. Hudgins, and the other ~ Aaron J. Both bldde~ co.lied ~i~ the full requl~ent~ of the call. Both bids ~e~e examined and the exte~lon~ an~ totals a~ ~ub~tted ~e~ Found correct. Aaron J. Co~er*~ bid totalled ~57.79~.~; a~ H. ~. Hudgins. et al~, totalled $106,7~8.7~. The details of the~e totals are.sho~n on the accompany,- l~ tabulat[o~, ~hich also lnclude~ the details oe the estt~te ~ade by the~ ~ater Department a~ the average unit pelce~ of ~roJect 2 to ~. Forme~ specifications ~e~e reTlsed, ~articula~ly as to the resto~ation of app~ved pavement disturbed In the work, des~ned to reduce publ[c inconvenience. Aaron J, Conner, h2vinf satisfactor~ly perfor~d the work u~e~ P~oJect ~ as of this date and being the Iow bidde~, it is recovered that his bid in the amount of ~87,796.~S be accepted. Respectfully submitted, {Stg~d} A. S. ~wen=, City (Cloned} Hazy B. Yates, City Auditor (Signed] Jno. L. ~entworth, Dir. of Public (~Igned) H. C. ~r~yles, City {Sigr~d) Charles E. ~o~e, Eng.. l~ ~rge of Construction" It appearing ~om th~ report that the bid of A~n J. 6o~eP, Roanoke, Virgl: In the m~ount of ~8y,796.~S, Is the lowest bid fo~ the pro~ect, F~. Woody offered the Following Resolution: [~118~} A R~OL~ION accepti~ the proposal of Aa~n J. Co~P, Hoanoke, Virginia, for the tre~hing, laying, backfilling and street ~sto~t~on Incident to lnstalll~ water mmlns, f~re h~drants, ~ all appurtenances thereto, for Pro~ect Y of the Water Depa~t~nt, along certain public streets at various locmt[o~ ~n the city, In ~e total sum of ~87,?~6.~; author~z[~ and directing the gtty Manger to execute the requisite contract; ~d pPovidl~ For an ~ergency. (Fo~ full text of ~esol~tlon, see OPdin~ce Book No. 19, Page ~. Woody ~ed the adoption of ~e mesolutton. The m~tion was seco~e d by ~. Young and adopted by the followi~ vote: A~S: Messrs. Minton, Waldrop, Woody, Young, and the Presldent, ~. Webber-~. ........... 0. . NAYS: None U~INISH~ BUSI~SS: BU~-RECR~TION D~ART~: C~ncll at its last re~lar meetI~ having taken u~eP consideration until the present meeting tb~ suggestion of the City Manage that the m~mry of Mr. Rex T. Mitchell, Jr., Assistant D~rector of the Departmen~ Parka a~ Recreation, formerly Acting Dlrector, be increased from $3,~80.00 to ~,~00.00, ~he matter wam again before the body. In this connection, tbs City Clerk called attention to communications Hessrs. Victor A. Heinsr ~nd John Kelley advisin~ that thel~ association Mitchell has Been most pleasant and that he has done · splendid Job in furnish~n~ supervision, activities and amusements to all ago groups, and exprassinZ the hope that Councll will keep Mr. Mltchell in a top position in the Department, With further reference to the matter, Mr. ~oh I~Lellan presenteda petition el£ned By fiftyoel~ht Norfolk and Western Railway e~loyees and fifty-one William Flenlng High School students, statin~ that they feel Mr. Mitchell is bei~done an injustice and are appealing to City ¢our~tl to see that Mr. Mitchell keeps his press title ar~ his saler~ increased to ~RO0.O0. Afte~ a discussion of the matte~, Mr. Young moved that the question be taken under sdvise~ent for another week, the City ~an~ger In the meantime to make e com[le~e lnventIZatton smd furnish recommendation to Council, ~tvin~. in his report the salary Mr. Mitchell was rece~¥1n~ ab the time Mr. ~. P. Hunter was called back Into The mot~en was ~cconded by }~. Woody ~nd unanimously ~dopted. C0~SIDERATION 07 CLAI}~= Eons. I~RODUCTION A!~ C0NSID~-qATIO!i O~ ORDII~ECES A~ RESOLL~IONS: SPECIAL PE~{ITS-STREETS A}D ALL?MS: Ordinance No. 11793 ~ant[ng for a cinder block ZaraKe now exlstln~ on Lot P~, 5lock 2~, Revised M~p of Ru~%y Lan( Company, to encroach on the west~rl~ side o~ Fifteenth Street, N. W., havln? been before Council for its f~mst readtnff, ~ead and lald over, was auein beeore the body, ~[r. YourS. offe~n~ the foll~w~.n~ for lis second read~mF and f~rml adohr[on: (#11793) AN 0RD[~AKCE &rantin~ V. R. ~[etz and Julia B. ~etz, their successors ilor assigns, p~rmIss[on for a cinder block garaFe no~ exIstin~ on Lot P~ Block ac¢ordln~ to the Revised ~ap of Rugby Land Company, to encroach upon the westerly of l~th Street, North West. (FoP full text of Ordinance, see Ordinance Book ~o. 19, Page 327.) ~[r. Young moved.the adoption of the Ordinance. The motl:n was seconded by Mr. M~ton ~nd a~opted by the follow[nE vote: AYES: Messrs. ~!nton, Waldrop, Woody, Young, and the F~es[dent, Mr. NAYS: None ............. O. ' ZONi ~: Ordinance No. 11795, ~end~ng and reorda~ning bastions 6 and ? of .Article II, Gengral Residence D~stPict, and Sections 15 and 15, Of Article iSpecial Residence D~strIct, of Chepte~ 51, Zoning, of the City Code, havtn~ p~evlous been before Council fop ibm first reading, mead and laid ove~, was s~R~n be~ore the body, Kr. W~ldro? offer[nK the followlnF for Its second readin~ and fla,1 adoption: (911795) AN O.RDI.'~ANCE a~end!n~ ~nd reordain~n~ Section 6, Build~r~ where no build,nFs exist, and Section 7, BuSldin~ lines where buildings of ARTiC[.~ II. GEB~R~ RESIEENCE DISTRICt.; and also Section 1~, Bulldin~ lines where and Section 15, Buildfr~, lines where buildings alread~ exist, of ARTICLE. III. SFFCIAL RESIDE~iCE DISTRICT, ell a pa~t o£ Chapter 51. ZONI~I}. of the Code of the City of Roanoke. {For full text of Ordlnsnce, see O~d~nance Book No. 19, Fags ~. Wald~op moved the mdoption of the Ordinance. The motion was seconded by ~. Woody mad adopted by the followin~ vote: A~-~~ Messrs. Minton, WaldPop, Woody, Young, and the P~e~Ident, Mr. NAYS: None .............. O. [y AIRFC~Ts The City Attorney havir~ been.requeeted to prepare the proper Ordine ce, sueFendtng Tiedom~ Service Charges at the Hunicipal Airport flor the day of Hay 195], i~ connection with the dedication program to be held on that date, he submitte comes ~hereupon~ Hr, Woody offered the £ollowing emergency Ordinances (~11§01) AN ORDINANCE suspending SECTION #5 TIED~N SERVICE CFAROES of Ordinance No. 11709 eetabliahtng a echedule of rater and chargea, etCo, for the use end operation of Roanoke Hunicipal Airport, (~oodrum Field), for the day of Kay 15, 195~; and pro¥idin~ for an e~ergemy. (For full text of Ordinance, eec Ordinance Book No. 19, ~ege 353°) Hr. ~oody ~oved the adoption of the Ordln~nCeo The motion was seconded by Er° Waldrpp and adcpted by khe fallo~lr~ votes AY[S: Heesrs° Hinton, ~aldrop, Woody, Young, and the Preeident~ ~tro ~abber- NAYS: Ncnc .............. STRUTS A~ AL!~'/'S: Action on the draft o£ mn Ordinance closinC Rorer S. W., west o£ Twenty-first Street, end the alleys in Blocks [~ ~nd ~5, West End and Rivervlew Land and Fanufacturtng Co~pany Map, hav!nE been deferred until Hr. Tom Stockton Pox, Attorney for the ~etitioner, has included in the draft of Ordinance a provision with regard to the erection of a bsrrieado along the easterly ~ide of the it~,o blocks and that portion of Rorer Ave~e requested to be closed,for the protectto~ iof the ~ublic, subject to the approval of the City Attorney, the 0rdinanee as approved was presented~ whereupon, liP. H!nton moved that tke following Ordinance be placed upon its first reading. The motion was seconded by Hr. ~aldrop and ads,ted by the following vote: AI~S: Messrs. Minton, Waldro~, ~oody, Young, and the Presidcnt, Mr. ~ebber-5 NAYS: None ........... O. (~ll~0P) AN OBDINANCE vacating, discontinulnc and closir~, a portion of a certain unused and unopened portion of a street in the Southwest aectlon of the City of Roanoke, so.stiles designated as Rorer Avenue, and the alleys within ~hat is show~ Blocks 4~ and ~5 upon the unrecorded maps of West End Land Company, Riverview Lan~ and Manufacturtnc Company, and Riverview Land and Manufacturing Company and West End Land Comany, dated respectively October, 18~8, February 1599, and February 1290, prepared by Dunstan and Wlngate, Engineers, which said portion of said Rorer Averse lies between ~lst Street and.the Boulevard, is approximately 50 feet in width and approximately 345.5 feet in length on its Southerly side and 375 feet in length on its Northerly side, and said alleys in Block ~4 extending from said 21st Street to the Boulevard in an Easterly and Westerly direction and approximately 438.~ feet in length and of a wld~h of 12 feet, and the other alley in said Block extending in a i Northerly and Southerly direction from said portion of Rorer Avenue to the first iabove described alley, a lerFth of approxhnately 150 feet, and the first alley as shown on said maps in Block ~5 extending West from 21st Street a distance of approxl mater]y 162 feet, and the second alley in said 5lock extendlnE from s~Id other alle in said Block in a Northerly direction 1~% feet to Rorer Avenue; and provldinZ for the erection and maintenance of protective barriers by Roanoke Ci~der Block Corp~ WHEREA~, Boanoke ~Inder Block Corporation has presented to Council the writt Instrument dated the 2~th day of February, 1953, between Itself and the A~palachian E]eotric Power ComDany, signed and acknowledged by said corporations, in accordance 210 with the provisions of Section 1~-766,1, Code of ¥irginia, 19~O, as a~ended, ~lch instrument sets Forth the Fact that Roanoke Cinder Block Corporation ia the sole abattinF property o~er to said portion of Rorer Avenue and said alleys, havir~ acquired said property from So Do Perc-vaon, unmarried, by deed dated September 2~ 19. ~htch Is of record In the Hustings Court Clerk~ O~fice fo~ the City of Roanoke ~eed book 886,.p~e 282, and ~S, IF there was ever a dedication of saXd portion off Rorer Ave~e ~aid alleys In said ~locka ~ and ~, the dedication of the same has never been accepted ~the City of Roa~ke, as said alleys a~ said port,on of s~d street have not been op~ned, graded or used, ~d ~EA~, ~ use has been made of said ~lleys In said blocks and th~ only use ~lch has been made of said portion of saXd Rorer Avenue has been that the [p~alacht~n El~ctrIc Power Co~a~ has located themeon an electric ~ransm~s~on l~ne, Fo~ ~htch an easement to said Appalachian Electric ~ower Co.ps. will be satisfactory and to satd power co. any, and ~ERE~, Roa~ke Cinder Block Corporation a~ Appalachian Electric Power Company are the only p~ties who are, a~could ~, interested in a vacation of said ~portlon of Rorem Avenue a~ said alleys In said Blocks ~ a~ h5 as shown on said ~maps, ~here beir~ no other p~perty o~merm in ~e vicinity whose rights or privilege ~will{ be abridged by a vacation of said portion of Rorem Ave~e and s~fd alleys ~ERFA~, no immomven[ence to the public would result From per. neat ly ~discontinuinF and closlnC said ~ortlon of sald Rorer Avenue a~ ~aid alleym tn said Blocks, and ~EREA2, the request of the abut~fng ~operty.owner For the clom[n~ o~ said portion of Rorer Avenue a~ said alleys has been considered and approved by the City of Roanoke Plann~nc Commission, ~F~S, by said agreement or February 08, 1953, said Appalachian Electric mission line in, on, alon~, over, through a~ across that area ~ich ts 50 Feet ~ld~b, ~Ich is designated on said maps as said portion of Rorer Ave~e and has therein agreed ~o the vacation of said portion of said street a~ said alleys, and ~'d~S, unde~ the provisions of Section 15-766.1, Code of Virginia, 1950, amended, sa~d portion of said Rore~ Ave hue and said alleys ~y be per.neatly vscate~ discon~[nued and closed, ~ould they have ever l~gally existed, by the of s~Id written a~ree~n2, p~ovidi~ It has been approved by th* govern[n~ body c~ty in ~tch the street a~ alleys to be vacated are located, a~ ~R~S, ~t further appears to Council that Roanoke Cl~em Block Cot of all of the ls~ sbntting eatd portion of Rorer Avenue and sald.lleys, has requested that this portion of said street ~d said alleys be vacated and has agreed to bear and defray the costs tnctden2 to th~s proceeding, a~ ~AS, Roanoke Cf~e~ Block Corporation has f~rther agreed to bind itself, its successors ~d ~ss[~ns, by its mcceptance oC the p~ovts[ons of this ordinance, erect and perpetually maintain on its adJo~ni~ lan4s ~here reasonably necessary, at tt~ o~n expe~e, suitable and effective barriers of barricades, o~ a t~e and de~lFn to be approved by the City Ha~ger, sufficient to adequately warn and protect the ~st~ those portions of the unclosed streets a~ alleys abuttlnc the portio~ the street and alleys hereby closed. THEReFOrE, PE IT O~DA~h~D by the Council of the City o£ Roanoke that the Council officially ekpresssa its approval of t~ closin~ of that certain portion tha~ certain unope~d a~ u~s~d poPtion o~ a ~tveet In the South~e~t section o~ t~ City of Roa~ke designated as Rorer Avenue, a~ on the said u~ecorded maps End La~ Co~any~ Blve~vie~ Land a~ H~u~actuvl~ Co~pany~ ~d Blvevvie~ La~ a~ Hahufactu~ln~ Co. any smd ~'est End La~ Co.any, a~ the alleys ~lthin ~hat Is ~ho~n ss Blocks ~ a~ ~ on said maps~ ~hlch ~ere prepared by ~tan a~ h'i~ate~ EnFlneers, ~aid portion of ~aid Borer Avenue lylr~ between ~lst ~treet a~ the ~ulevard, be[nE ap~voxl~ately 50 feet In ~Idth ~d ~roxlmately 3~S.5 fe~t on lt~ Southerly ~lde a~ ]75 Feet In length on lt~ Northerly ~lde, and said alley~ In Block ~h exte~ln~ From said Pl~t Street to the V~leva~ In ~n Easterly and 'de~tevly direction and ap~voximately 2~.6 feet In lenFth and o~ a ~Idth of 1~ Feet, a~ the other all~y In ~atd Block extending In a EoPthevly and Southerly direction f~ said portion of Rorer Avenue to the first above described alley, leith of app~ximately 150 feet, and the first alley as shown on said meps in Plock %'est from ~lst Street a d~stance of approximately 16~ feet, a~ the seco~ slle7 said Block extending from said other alley ~n said Block in a Northorly dlrect~n 1[~ feet to Rorer Avenue, and that all r~ght, title a~ interest of the ~Ity o~ Roa~ke and the public, if any, in and to sa~d street and alleys described he.in be hereby released insofar as the Couocil Is emoowered so to do; provided, however, that Roanoke Cinder Block Corporation, by its acceptance of the benefits of this ordingnc~, its recordation thereof and its recordation of the written instrument of Feb~y 1953, above-mentio~d, thereby coweRants and agrees, for and on behalf of itself, its successors ~d assigns, to erect and perpetually ~lntain on its adjoining l~ds where reasonably necessa~, at its own expense~ suitable a~ efFect~ve barriers and barricades, of a t~e and design to be aoproved by the City ~nsgeb, 2uff[c~ent to adequatgly warn a~ protect the public usi~ those portions of unclosed streets and alleys abutting the portions of the street a~ alleys hereby closed. BE IT F%~TH~ 0MDAIN~ that the City E~-tneer ~, a~ be is hereby, directed to mark "PERMA~W'.~LY VACA~, DISCOI~INb~D A5~ CL~" that said portion of Rorer Avenue and said alleys, ~[ch said street a~ alleys ere hereinabove described, on all maps a~ plats on file in ~e office of the City E~im er of the City of Roanoke which said maps smd plats sa~d street a~ alleys ere shown, referring to the book and cage of Resolutions and ~rdina~es of the Council of the City of Roa~ke wherein this ordinaoce sh~l be spread, and ~ferring ~ the deed book and page in the Clerk Office of the Hustings Court for the City of noanoke ~ere the written agreement, signed b~ the abutting property owner, herelna~ve more particularly referred to, is filed for racom. BE IT F~HER 0RDA!N~ that the Clerk of this Council deliver to the Clerk the Hustings tourt for ~e City of Ho~oke a copy of ~s ordinance, in o~er said Clerk may make proier notation on all m~ps or plats, if any, recorded ~n his office upon which are sho~ the said street a~ alleys, and that further the Clerk o: ~Is Council deliver to Roanoke ~i~der Block Corporation, abutti~ owner, Appalachian Electric Power Company a certified copy of ~s ordin~ce, a~ that a certified copy of this ordinance be attached to the ~itten instrument signed by sat~ Droperty owner a~ said Appelachtan Electric Power Co. any a~ fill'for reco~ in t~e 21] .21 2 Clerkts Office of the Hustings Court for the City of Roanoke, all such recordir~ and other costs to be borne by Roanoke Clrder Block Corporation. The Ordinance havin~ been read, vas laid over, STRT~ffrs AND ALL.id: Action on the ~uestion of closing certain streets and alleys in the area bounded on the north by the lend of the Norfolk and Western Comeany, on the east by the Boulevard, S. W., on the south by Patterson Avenue, S. and on the west by the north-and-south road adjoining the property of the Eorfolk Western Railway ~ompany, having been deferred until proper Ordinance has been present Hr. Hess A. Plunkett, Attorney for the petitioner, presented draft of an Ordinance approved by the CltyAttorney; whereupon, Hr. Woody moved that the followlng 0rdinanc, be placed upon its first readings. The notion was seconded by Hr. Hlnton and adooted [{by the following vote~ AYES: Eessrs. ~lnton, Waldrop, Woody, Young, and the President, Er. ~ebber-5 NAYS: None ........... O. (#11803) AN 0RDII~NCE vacatlnF the following avenues, streets and alleys in the area bounded on the north by tho land of the Norfolk and Western Railway [on the east by the Boulevard, S. E., on the south by Patterson Avenue, S. W., and ithe west by the north-and-~outh road adJolninF the property of the l~orfolk and Wests: i!Rail~ay Co.,~.~any, as sho~rn on the map of the West End and River ~lew Land and Nanufac i~Ing Com?any, dated February 1590, and of record in the Roanoke City Engineer's 0ffic, ss ~sp Uo. 2508, and as shown on the Official Survey ~ap of the City of Roanoke, i~lrEInla: ~est Avenue, S. ~., between the Boulevard and the north-and-south road adJoini~g the pro~erty of the Norfolk and Western ~ailway Company. 2Pnd Street, S. W., with the exception of the southerly 150 feet. 23rd ~treet, ~. W., with ~he exception of the ~outherly 150 f eat. Alley running east and ~sst through Block 53, between ?~d and ?3rd Streets, Alley (or alleys) ~]nntng north and so. th and east ar~ west thro~gh £1ock 51 Alley runn!rC north and so~%h through Bloc~ 56, between Horst end Patterson Avenues, S. W., ~ith ~he exception of the so~fherly 150 feet, iaaa provided by Section 15-766 of the 1950 Code of Virginia, as amerfled. ~'ff~.r~A$, Club View Corporation has heretofore filed its petition before the !Council of the City of Roanoke, Virginia, ~n accordance ~fth the law, in ~htch petit it reqvested said Council of the City of Roanoke to vacate said avenue~, s treats and alleys, with the exceptions herelnabove set out, of the fill~C of which said petiti~ due notice was ~fven to the public, as req~ired by la~, and WheREAS, in accordance with the prayer of ~afd petition, viewers ~ere appoln !by said Council of ihs City of Hoanoke to view the property and report in ~a~ttinc ~'hether in their op~nlon any fnconvenier~e would result from formally vacating said '~HB'RE~, it appears fro= the report ln u~rittn? filed by said viewers in this proceedln~, which was filed with the City Clerk, to~ether ~lth the affidavit of said viewer~, on the ~th day of ~ay, 1953, that no inconvenience rould result, either to any indi¥idual or to the public, from vacat[r~ s~id avenues, streets and al]ey£, wit I~ZH~EAS, it further appesr~ to caid Council of the City of Hoanoke that the aforesaid petitioner has acreed to bear and defray the co,ts and expenses inc~dent this proceed~n~o THEREF0~E, BE IT ORDAI~EDby the Council of the City of Hoanoke, Vir~lnia, ithat the following avenues, s treats and alleys in the area bounded on the north by the land of the Norfolk and Western Railway Company, on the east by the Boulevard, on the south by Patterson Avenue, S. W., and on the ~e~t by the north-and-south road adjoining the property of the Norfolk and Western Railway Company, as ahowncn the map of the West End ar~ River View Land and Kanufacturing Company, date~ February, 1890, and of record in the Roanoke City Engineer's Office as 14ap No. P508, and as shown on the Official Survey Nap o~ the City of Roanoke, Vlrglnia{ West Avenue, S. W., between the ~ouleeard and the north-end-south road adjoining the property of the Eor£olk and Western Railway Company. Rorer Avenue, S. W., between the Boulevard and West Avenue. PYndStreet, S. W., with the exception of the southerly 150 feet. ~3rd Street, S. ~., with the exception of the. southerly 150 feet. Alley runnir~ east and west through Block 53, between ~nd and Y3rd Streets, Alley (or alleys) running north and south and east and west through ~lock 51 between Rorer and Patterson Avenues, S. {L,. and east of ~Pnd Street, S. Alley rur-ningn~th and so~th through Flock 56, between Rorer and Patterson Avenues, S. W., with the exception of the southerly 150 feet. be, an~ the sm~e are hereby vacated, and that all right, title a~d interest oF the City of Roanoke and the p~bllc in and to said avenues, streets and alleys, with the exceptions hereinebove set out, are hereby rcleesed insofar as the Council of the City of noanoke is empowered so to do, except that a public ease~,ent is hereby water laires and all other munic~Dal tnstallatlcns, if any, now located in said PE IT FURTRFR O~DAII,~r~ that the City Engineer be, smd he is hereby directed to make "Vacated" said avenues, streets and alleys, with the exceptions hereirmbove set out, on all maps and plats on file in the office of the City Engineer of the of RoanoPe, ref~rrinF t o t he book and FaKe of Resolutions and Ordinances of tbs Council of the City of Roanoke wherein this Ordinance shall be spread. BE IT FURT~FR ORDAINP~) that the Clerk of Council of fha C~ty of Roanoke del~er to the Clerk of the Hustinfs Court for the City of Roanoke, Virginia, a certified cody of this Ordinance in order that said Clerk o~ said Court may make prorer notation on all maps or plats r~corded in his said off,ce, upon which are shown said ay, hues, streets and alleys, as Frovided by law. The ~rdinance having been read,Mas l~ld over. WATER DEPART~T-PURC~,SE OF KRS~RT¥: Action on an Ordinance authorizing an5 pro~iding for the p~rohase of a private water distr~bution system from l~r. John W. ~febb, havi.~ h~retofore been deferred and the Ordinance referred back to the Clt Attorney to provide therein a provision requirin~ ~r. Eebb to encumber his sprinffs, from can not be used in the future in competition with the city's distribution ~yste~, the City Attorney presented the following report fro~ the com~,lttee appointed to negotiate for the purchase of szall water systems in the city: "Nay 9, 19~3 TO ~iE COUNCIL OF THE CITE OF ROANOKE: Gentlemen: At your regular meeting of Kay ~th you declined to pass an ordinance, prepared by the Assistant City Attorney, providing for the pnrchase of the small water dlstrib~tion system operatin~ in the Garden City section of the City and o~ned by Er. John W. Webb for ~16,000.00 cash, becanse that crdi~an e contained no provision requiring N~. Webb to encumber his springs, which constitute his source of supply, in such manner that the waters therefrom could r~t be used in the future in competition with the City's distribution system. An~ you directed that the Ordinance be redrawn so as to include Since that meeting your Co~lttee has again diccuased the matter with Hr, ~ebb a~d he has stated to your Co~lttea that he is nnwllll~g to make auch a provision a condition of the sale of his distribution system to the City, Your Committee desires to make it perfectly clear that while Do mention was made. of an7 requirement that the springs ~ ~o encu~ered dur~ the tlo~ nevertheless~ each ~e~ of ~our Comittee u~erat~d~ a~ e~eavore. to ~ke such u~erstanding clea~ to Hr, ~ebb, that a controlli~ ~rpose for the City's p~chase of his~ ~d of other small ~ater co~anie~ ~ss~ so Far as practicable, to a~ll~h com~tition ~lth lt~ system In the areas served by the acquired comFa~es; albeit ~ch areas 8erred o~ capable o~ may be located in the County a~ ~ar the City, ] If, therefore, Np, ~ebb remsi~ u~illing to ~nc~mber his sprl~s in su a msmner as to ~Peclude the ~aters therefrom being u~ed In competition ~lth the Clt~s distribution sy~tea e~tabll~h~d polic~, ~ture dealings a~ ~ood business require~ that your Com~lttoe recommend that the City decli~ to purchase his system. ~espectfully, (~lg~d) Arthur S. ~e~ City ~a~ger (Signed) Harry R. Yates City Auditor (~lzned) R~ O. %~lttle City Attor~y" Er. Charles D. Pox, Jr., Attorney representi~ Mr. Yebb, appeared before Council along with ~r. l~ebb, Er. Fox statt~ t hat his client has agreed not to the water busi~ss spain himself but that he does not want~ encumber his lands In 'anyway, advtslnF that in the neFotiatl ons with the co~[ttee there has been no agree~.ent to place any restrictions on the In a discussion of the ~atter, Mr. Woody raised the question es to whether not F~. Webb would be willing to sign an agreement and covenant running with the i~that the water f~m the ~prlngs will never be sold In the present boundaries of the ~!city, Er. Pox later in the meeting advising that 14r. Webb would be aEreeeble to ~uch In a ~rther dlscu~slon, it was ~rouFht out that the ~ater from the sprints should never be used In co~petltlon with the city water ~ystem; whereuron, Mr. ~[nto~ moved that the committee report bo carried over for one week. The motion was by Mr. Young a~ unanimously a~opted. MOTIONS A~D FISC~,LA}~OUS BUSIh~SS~ CI~' E~FL0~S-0~IfE HOURS: Th~ question of allow!n~ the cit[ employees a five-day work week, havinE been refe~ed to the 1953 budget study~ the matte~ was slain b~fo~e CouD~ The President, Mr. Webber, requested the Clerk to read draft of an ~rdinanc which had been prepared by the ~ty Attorney D~vidlng for a five-day work week. After a brief discussion of the Ord~n~ce, members of Council voicf~ the opinion that they would like to ~ve copies of the Ordin~ce sent to them, ~e matt ca~ted over for one ~ek. STRUTS AK~ AL~'S: ~. Minton presented the following co~unication in connection with a petition for sidewalk, curb and ~tter on R~chland Avenue and hurst A~e~e, N. W.: "Roanoke, Virginia May 5, 1953 Ym. A. R. Minton Ro~oke, Virginia Dear Sir: ~e p~pertyowners on Ri~hla~ Avenue and Cedarhurs~ Street have already a s~gned petition to Council for sidewalks a~ curbing. We were told noth could be done until the new houses which were bein~ constructed were couplet ~ese are completed. I · ha property ovnara a~e now ready to advance the money for sidewalks ard curbinF upon the receipt of a stater=~nt of tho amount. You ara alrsady acquainted with the poor drainage in this vicinity° Tho red dirt amd dust on the stueet ~oa the uecent co~t~ction make~ a bad situmti ~e feel that this improvement Is a Just claim by ~ese ~roperty ow~s ye s~e reafly to pay ou~ sh~e. Could you brl~ this to the attention of Council ~sin a~ urge some l~diate ~ctlon[ Yours truly~ (Sl~ned) C. E. Heador SIEned} ~rs, ~. E. Si~edl Jesse H. R~nsey~ 0n motion of Hr. ~inton, seconded by ~. ~alcrop ~d unanl~usly adopted, request was referred to the City Eanaper for study and report. PA~ A~ PLIYGR~S: ~. Waldrop raised the question as to the present ~atus of the ~orningside Park In the southeast section of Rcamke, ~sklng if there ts anythi~ ~f~g planned or bei~ done to 8evelo~ the ares. ~he City ~an~er advised that le ~ou!d look into the matter and make a repot ~A~ER DEPARTi-~h~: ~r. You~ called to the attention of Council a co~unlcatl ~reviously forw~rde~ to the Councilmen by the City }ianager, tc~ether ~Ith copy of a letter fro~ the E~tneer In Charae of Construction of ~e Water Depertaent, that the city slow up the water system l~ve~ent pro,ram, Er. Young ~olcln~ the opinion that the city ~ould push the progr~ a~ ~uch as possible due to the costs of cons~ruction In each contract. The City ~ane~er advised that he is havln~ ~n aaaly~fs made on the ~ro~re~s of work done on cont~ct~ and also inventory of pipe a~ other lr. eormetion, statlr~ thtt th~ revor~ should ~ ready about the ~ddle of June, a~ ~ich ~lme he ~uld lik~ to have a acetfnF with Counell to ~o aver the status of t~ projects and future war There bein~ no further busines~, Council adjourned. APFROV~D Cler~ ~ 216 COUNCIL, REGULAR MEETINO, Nonday~ May 18. 1953. The Council of the City of Roanoke met in regular meeting in the Circuit Court doom in the Huntcipal ~ullding, Monday, ~ay 18. 19~3. at 2~OO olclock, p. ithe regular ~etin~ hour. with the Freaident~ H~. Webber. presiding, P~ESEFFt MeeerSo Hinton~ ~aldrop, ~oody, Young, and the Fresident, ~. ~ebbe~ .............. ABSE~Ho~--O, O~IC~S FR~F}~= Hr. Arthur ~. ~e~, City Hansgeu, ~. Ra~olph O. ~lttle C~ty Attorney. end ~. Harry R. Yates. Clty A~ltor. The ~eti~ ~s~ ope~d w~th a p~ayer by th~ Reve~ Dewey O. Hllle~. Pastor oF F~st Wesleyan Rethodl~t Church. HI~ES~ Copy oF the m[nute~ oF the re~lar meetl~ held on Horsy. ~2y ~19~3, havln~ been ~rni~hed e~ch me~ber oF Councll~ upon ~otton oF P~. ~seco~ed by ~. H~nton s~ unanimou~ly adopted~ the r~adln~ was d~spen~ed ~th a~ the mitres approved ~ recorded. CONTRIBt~IONS: ~rs. B. ~. Trlppee~ appeared before Cou~il a~ stated that on ~ay ~-~, 19~3, the Aaerlcan Le~ion Auxiliary In Roanoke will ~ponso~ the ~ale of poppies made by veterans, Y~s. Trlppeer outl[ni~ ~e services revered by volunteers of the Auxiliary at the Veterans Administration Hospitut a~ concluding that the organization will be grate~l for any support the members of Council see fi to give since quite a bit of money is needed to carry on the volunteer work o~ the association. Mrs. Trippeer was assured of Council's interest in the sule~Id work that American L~Fion Auxiliary ts PETITIONS A~ COM~NICATIONS: SCHOOl: A co~unication from Mr. LeRoy H. Smith, Chairman of the Ro~oke City School Board, including the re~lar monthly report of the school bufldi~ and tmurove=ent progr~ for the month of March, 1953, was before Council. The co~nl~atfon was flM d. TRAGIC: A uo~unication from Robert E. Mesklel, Adjutant, H. H. MacKenzie Chapter No. 3, Disabled ~erican Veterans, thanktn~ Cou~ll for its recent action In permlttir~ paraplegic a~ a~utee World War II veterans to park free at any time In any ~etered park ln~ space for periods of time not to exceet eight consecutive hours, instead of ~ree con~ecutlve h~rs as previously pe~ltted, was before the The co~unlcatlon was Filed. C~IMS: A ~olnt co=~nica%ton from James R. Gross a~ Geneva R. Gross, ~815 Florala~ D~ive, N. W., presenting a claim tn the total amount of ~390.00 for damage to their property caused by water from streets on ~y 6, 1953, was before Council. On motion of ~. YounK, seconded by Mr. Waldrop, a~ unanimously adopted, co~untcation was referred ~ the City Manager for study, report and reco~e~at inn to Uo~cll. AIRPORT: A co~unication fro~ the Honorable ~. F. ~lte, Actl~ Mayor of ~laski, Virginia, extending to the City of ~oanoke the warmest and most heartfelt co~ratulatio~ of the To~ of Pulaski on the vast achievements which Roanoke has made tn the const~ction of the new Ai~ort,Termtnal at Wood~m Field, was before Council. rendered by the Dedication Committee of the New Airport A~tnistratlon Building, for the pre~aretlon and handling of the program on the occasion of the dedication of Ibullding, at osnoke Hunlctpal Airport (~oodrum Field), on Friday, Hay IS, 19S3. [For full text of Resolution, see 0rdin~nce book No. 19, Page F~. Hluton moved the adoption o£ the Resolution. The motion w~s secorfled ~r, Waldrop and adopted by the following vote: AYES Hessrs Hlnton Waldro ~ood Youn and the Pres d - H ~ : - · · P~ ' Y, g, ! en~, r. 'ebbero~i NAYS: None--[ ............ ~r. Young then offered the following Resolution of thanks and appreciation to Captain E. V. Rlckenbacker for presenting a flag of the Co.,t~onwealth of Virginia !to the City of Roanoke at the dedication: (~11805) A RESOLUTION of thanks and appreciation to Captain E. V. Rlckenback President of Eastern Air Lines, lnc., for presentir~, on behalf of said Air Lines, a flag of the Co.~monweslth of Virginia to the City of Roanoke. (For full text of Resolution, see Ordinance Book No. 19, Page ~Lr. Younc moved the adoption of the Resolution. The m:tlon was accorded by ~. ~oody and adopted by the following vote: AY~S: Hessrs. Hlnton, Waldrop, Woody, Young, and the Fresldent, ~r. Webber-5 NAYS~ None .............. F~r. Waldrop offered the following Resolution of thanks and appreciation to Hr. Steve Brady for presenting a flag of the United States of America to the City of iRoanoke at the dedication: (~llS06)'A RESOLUTIgN of thanks and appreciation to Steve Brady for presenti~ to the City of Roanoke, through its ~ayor, a flag of the United States of America. (For full text of Resolution, see Ordinance book No. 19, Page 359.) ~r. Waldrop moved the adoption of the ~esolution. The motion was seconded b~ ~,r. Woody and adopted by the following vote: AYES: Hessrs. Hlnton, Waldrop, Woody, Young, and the President, Hr. Webber-5, NAYS: None ............ O. ~0NI~G: The following co~munlcation from the City Planning Co~tssion, with reference to a request from the Burrell ~emorial Hospital Association for the rezon~n~ of its property, was before Council: "Hay 15, 19S3. The Honorable N. L. ~ebber~ Hayor, and Hembers of City Council, Roanoke, Virginia. Gentlemen: In reply to your letter of Hatch 19, 1953, referring to the City ?lanni~ Commission for study, report and recom~endation to Council, a co~munication from George P. Lawrer~e, Attorney, representing the Butte11 Hemorial Hospital Association, asking that property described as Official No. ~170701, blocks 12 and 1~, Northaide Addition Hap, be rezoned from a General Residence Dlatrtct to a Special Residence District: 2.17 REPORTS OF OF~ICERS~ AIRFCRT~ Council having previously deferred action on an Ordinance, providini or the rental of space on the second floor of the new Admtnietration Building at the doanoka Hunioipal Airport to American Airlines, lnco~orated, at the rate of ~P.O0 per square foot; and having requested the City Manager to advice the body as to the rate previously estimated as the rate required to amortize the cost of that portion of the building under a thirty y~er period~ he submitted written report~ together with supportir~ data showing that it has been the past policy to charge f~.O0 per square ~oot For the purpose of amortizinF the coat of that portion of the bulld!ng. ~ft~r a diecussion of th~ matter, Mr. ~oody moved that the matter be referre back to the City Hansger to negotiate with American Alrlinos~ Incorporated. for a -ate' ~f ~t least ~.00 per square foot. The notion was accorded by Hr. Waldrop ard ~r~nimoualy adopted. SEWAGE 9ISFOF.~tl Council having referred a proposal from several property owners located on Williamson aoad in tl~t area to the north of the city and out to the Junction of Route 117 to Salem with reference to. constr~ctinE a sanitary sewer system and attachlng it to the City of ~oanoke~s exintln~ system back to the City Manager for negotiations with a view of dtvertinf the sewage from the proposed se~er system directly into the sewer interceptor line along Tinker Creek ~n the Hollins Road section, he submitted the following report and recomner~tatinn: "Roanoke, Virginia May 18, 1953 To The City Council Roanoke, Virginia Gentlemen: Mr. G. L. Mattern, of the firm of Mattern &Mattern, Engineers, and Mn W. A. lng. ram apleared before you with reference to constructing a sewer line along Williamson Road to the north of the City. I com~.ented to you at the time that I thought it was hazardous. A further investigation by members of our staff has caused us to reach the followir~ conclusion: We feel this is a matter entirely for the County and is not a City problem. Should the residents in the area decide to have City servfce~ by appropriate legal action they could petition the Council for annexation for those services. If provisions were made as provided, there is always the elem~,nt of danger regarding the adequacy and size of the sewer system in the ~llllamson Road section to handle the sewage plus the services necessary For the reraoval of standir~ water. If provisions were made to carry the line to the Tinker Creek area, the cost obviously would be considerable; but[[ it appears to me that the business men and residents in that area ~ho ~ould be interested may want to request the City to consider permtssive authority to attach to our system at no cost to the City. This would be entirely an option end desire of the group affected and, of course, their prerogative an~ responsibility to present to the City Council of Roanoke a plan. I would recommend that you reject the offer as sul~uitted by the eng!neers and continue to have my office act as your negotiator for any group that would be interested in attachln~ to our exlsttn~ Interceptor system. Respectfully submitted, (Signed) Arthur S. Owens City ~anager" Mr. Woody moved that Council concur in the recommendation of the City Managel The motion was seconded by Mr. Minton and unanimously adopted. TR~PIC: Council having requested the City Man-gar to study the entrances to the city'and advise the body where state law would prevail in these areas with regarl to speed limits, he submitted the following report: "Roanoke, Virginia May 18, 1953 To The City Council Roanoke, Virginia Gentlemen: I am attaching hereto the following recor4mendatton of the Police 2 19 Department concerning speed zonss~ 'Hay 11, 19%3 H~. Arthur S. Owens, City Hanager Roanoke, Virginia Dear It is the recommendation of this Department that the speed limit on the streets as listed herewith be increased to thirty-five miles per hour~ Holline Road, N. E., from Old Dominion Avenue to north city limits; Orange Avenue, No W., from Light Street to east City limits; Yintan Road, east from Orange Avenue to Bell.Avenueo Dale Avenue, S. E., from Twenty-first Street to east city limits; Riverland Road, S. E., from a point 500 feet east of Primrose Street to intersection with Bennington Street; Rennin~ton Street, So from intersection with Rutrough Road to Underhill Avenue; Rutrou£h Road from Hto Pleasant Road to east city limits; Hr. Pleasant Road from Bennlngton Street to south city lim~sj Garden City ~oulevard, S. E.,Prom Riverland Road to Davenport Straet~ Bandy Road, S. E., from Garden City Boulevard to south city limits.. Franklin Road, S. W., from Bent Hountain Road to south city limits; Colonial Avenue, o. W., from Bant Hountaln Road to southwest city limits; Brandon Avenue, S. W., from Lynn Street to Hurray Run; Brs~blaton Avenue from a point 300 feet south of Oakwood Drive to Rosewood Avenue; Bra~bleton Avenue, S. W., from Ashby Street to southwest city limits; Grandln Road, S. W., from Gillespie Road to west city limits. Cove Road, N. W., from Covela~d Drive to northwest city limits; Peter! Creek Road from south city limits to Hershberger Road; Melrose Avenue N. ~., from ¥1ew~ont Street to west city limits; Salem Turnpike, N. W., from Thirty-first Street to west city limits; Shenandoah Avenue, N. W., from Thirtieth Street to west city limits; Orange Avenue from Fourth Street, N. E., to a point 300 feet east of Tenth Street, N. W. Very truly yours, (Signed) F. H. Webb Captain F. H. Webb ~uperln~enden% of Police~ My pomlt~on is too well known on this subJec~ for ~e to cogent. So in furtherance o~ the reco~er~at~on, co~fstent with my usual vie~a, ! will mubmi~ the repor~ to you with ~no co~ent.'. Respectfully submitted, (~Igned) Arthur S. Owens City Manager" After a discuss~on of ~he question, Hr. ~aldrop moved that the matter be taken under consideration. The mot~on was seconded by ~. Hln~on and unanimously sdop~ed. TRAFPIC-Ci~Y PROPERTY: The City Hanager submitted the follow~ng report, w reference to a request from the Memorial and Crippled Children's Hospital for use of city property designated as Official No. 10~1002, located on the west side of Jeffer- son Street, ~outh of Roanoke River, for additional p arkin~ £acllities~ ~Roanoke, Virginia Hay 18, 1953 To the City Council Roanoke, Virginia Gentlemen: The following letter has been received from the Memorial and Crippled Children's Hospital; and I particularly call your attention %o the lsat sentence in the first paragraph: 'May 13, 1953 Hr. Arthur ~. ~wens City Manager, C~ty of Roanoke Roanoke, Virginia Dear Mr. ~wens: Aa you know, the Memorial and Crippled Children's Hospital expects to begin the construction of the new additions to the hospital this s~er. ~e understand that the City of Roanoke owns the trtang~la: piece of land back of the ~. ~, HcClanahan homem facing Jefferson Street. This piece of land ia Just across Wiley Drive from Joe Taylor~ filling station, on the west side Of Jefferson Street. ?He hospital needs this land to usa for additional parking facilities. We would for City Council to either consider giving this ls~t to the hospital leasing It to the hospital for a nominal rental. · Wa would appreciate your taking this matter up with City Council and hope our request will receive favorable consideration. Yours very truly, HOSPITAL, (Signed) By Charles P. Lunsford President~ Under no condition should the City penuit this property to leave our possession. It would take but a moment to r~fresh the memory of thc older residents of the City to a happening years ago whereby a water supply Of the City was terminated due to the sinking of a well at a distant point. The Ci Of Roanoke should always control the well located on this property due to geological relation to Crystal 5pring. As an abundance ~£ precaution, it is wiser for the ~lty to retain the ~roperty against the unknown hazards that come from the water's being used by any other group in subsequent year~o Respectfully sub~lttedm (Signed) Arthur So Owens City Hanager~ ~fter a discussion of the qusstion, Mr. ~Intonmoved that the mstter bo take under consideration. Th~ motion was seconded By Hr. Young and unanimously adopted, · PURCHASE 0P PROPERTY-STREETS AND ALLEYS: The question of purchasing 18{ feetiof the ncrtherly portion of Lot 10, Airlee Court Annex, Official No. R190321~ located j on the southwest corner of Hawthorne Hoad and ~elm~ Lane, N. W., fromHr. K. R. at a consideration of $?00o00, for the future widen!ng of Nelms Lane~ having been taken under consideration until the present maetlng, the City Eansger submitted the followtn~ report and recommendation= "Roanoke, Virginia May 18, 1953, To The City Council Roanoke, Virginia Gentlemen: In furtherance of your instructions to check on the possibility that a City official had commuted the purchase of property from Hr. K. E. Brown on Nelms Lane, I personally conferred with Hr. Brown; and I have his assurance that no such commitment was made. I m~ satisfied, from conversations and from the records, that Mr. Brown certainly believed the ~lty had more than a passing interest in whether or not he constructed a house which might prevent the widening of a street in later years unless added cost and residual damages or the moving of a house As you gentlemen known, a portion of NaDas Lane has been recorded on a plat. The husband hms signed the map; but the wife, up to the present time, has refused to do so. In my Judgment, this ~ aves the street in a rather nebulous state; however, since this ia entirely legal, I make this statement with great reservations. If you desire to purchase the ~ro'~n property, then it appears to me that the Gray property should be acquired; however, you gentlemen must recognize that this still leaves a dubtous right-of-way for the balance of th proposed street. I would recommend tablln~ any consider~tion of ~identng Nelms Lane until the existing doubtful status of the street can be cleared. Respectfully submitted, (Sl~ne~) Arthur ~. *wens City Manager" Mr. Mlntonmoved that Council concur in the recomm~endation of the City Manager. The motion was seconded by Mr. Waldrop and unanimously adopted. SIDEW~LE, CUMB AND GUTTER: A commaunlcation, advising that the property owners Richland Avenue, N. W.~ 'and Cedarhurst Avenue, N. N., are now ready to advance 221 their proportionate part of the cost of sidewalk, curb and gutter construction upon receipt of a statement of the e~ount, having been referred to t~e City Man,get for study and report, he aubmitted the following report; 'Roanoke~ Virginia Ray 18, 19~3 To T~e City Council Roanoke~ Virginia You referred to me in your Pile ~7~ from the meeting of Hay 11, 1953, a request from property o~rners on Richland Avenue, N. ~., and Cedarhuret Avenue, N. Wo, that sidewalk, curb and gutter be provided for their streets. They also attached a very appealin~ letter concerning the need for drains with which ~e ale all very femlliar and would like so much to accomplish if funds were available. At the corner of 31chland Avenue and Cedarhurst Avenue there is a Iow erea ~hich makes it impossible to construct curb aM gutter; ~o the City has put there one of its twenty-six drains; and after h~avy rains, the area is p~ped consistent with the flow o£ eewageo If the sewers are beir~ used, the water stands for some hours. If they are not, the water is pumped out Just as rapidly as possible, generally ~lthin thirty-six hours. This area is included in the ~llli~on Road drain study; ard until adequate funds provided for the ln~ts/latlon of the drains in this area, this is a section ~hich cannot be helped. Respectfully eubmitted~ (~igr~d) Arthur ~. Owens City ~r~ger~ 1~o [!nton moved that Council concur in the report of the City Manager, The m~tion was ~econded by Er, Woody end unanim~usly adopted, ~TO~ D.~IkS: Council havir~ previously denied the request o£ Merchent~e Parking Company, Incorporated, that the city extend a storm drain from its present terminus in Jefferson Street to serve the company's property west of ~efferson Stree between Bullltt Avenue and Day avenue, an the basis of the company bearing one-half of the cost, such one-half not to exceed the sum of ~l,OOO.OO, the City Manager !submitted the follow!n~ report: "Roanoke, Virginia May 18, 19~3 To The City Council Roanoke, ~lr~inin Gentlemen: You gentlemen are familiar wit~ the necessity of con~tmctlng a storm drain on Jefferson ~treet to serve the Merchent~s Parkin~ Garage which is under construction. Ihs followlr~ letter has been received from Hr. Eugene Carbeugh, Jr., regarding their willingness to pay the cost of such a draln= ~May 1~, 1953 Mr. Arthur Owens, City Manager Municipal ~ulld!ng Roanoke, Virginia Dear ~r, O~ens~ Confirming oum conversation o£ May 1~, the Eerchant'e Parking Company, Incorporated, hereby requests that the City of Roanoke seek bids for the construction of the storm sewer t~ be installed on Jeffers~ Str.et. It is understood that the M~rchant's ParkfnE Company, Incorporated will reimburse the City for thls corm~ructton, the cost ~o be in the neighborhood of ~2,360.00. It will be greatly appreciated if this will be taken car. o~ as expeditiously as possible because of the existlnf drainage condlt~ons. Yours very truly, (S~ned) Eugene Carbeu£h, Jr.' Also attached is a map, showing the proposal. 223 ! would certainly recc~r~er~ that this be accomplished on the proposed basis as the City should supervise the construction on a contracting basis. Respectfully aubmitted~ (~lgned) Arthur S. Wens City ~ar~ger# After a discussion of ~e ~estion, the ~reeident, H~, ~bber,~Ic~ the opinion that the te~ a~ co~lt~ons of the con3t~ction of t~ storm drain a~ ~ay~nt of the cost thereof ~hould Be set ffo~th In an offlcl~ Re~olution of Council beffore the City Ha~Ee~ proceeds to advertise For bid5 on the proJect~ ~r. ~oody moved that the matter be referred ~ the Cl~ Attorney fo~ preparation of the proper Resolution, catting Forth the ter~ and co~ltio~ of the co~t~ction of the storm dvain~ providinE Fo~ the ~ethod of pay~nt of the cost thereof a~ authoPl~l~ the City Eanager to advertise Fo~ bld~ on the project. ~e motion ra~ seco~ed by ~. tlnton and unanimously a~pted. B~G~-~CRFATION DEP~T~: Cour~ll havi~prev[ously had u~ev conside~a- ~ion the reco~e~ation of the City Hand,er that the sala~ of Hr. ~ex T. Hltchell, Jr., Assistant Director of ~e Department of Pa~ks s~ Rec~eation, formerly ActlnE Director, be increased f~m ~,~O.CO to ~,PO0,O0, a~ the ~dy havl~ also taken u~eP conside~ation the reco~e~atfon of the Di~ecto~ of P~ks ~d ~ecreatio~ that the title of the Assistant Di~ecto~ ch~ged to ~uperlntendent of Recreation a~ that the salary Fo~ the position be Fixed at ~,91~.~ per sn~, effective April 1,~ 19~, ~nd Council at its last m~tln~ having referred the question back ~ the City Ha~er For addttlon~ fnfo~ation on the s~ary received by the Assistant D~rector since 19~0 a~ fop a F~nal reco~e~ation, ~e City Hans~er su~itted the ~oanoke, To The City Council Roa~ke, Virginia Gentlemen: 0n April 1], 2~3, I ueco~nded to you that in the ~duction of Rex T. ~ltchell'~ ~ala~ a fifure of ~h,~00.00 be u~ed. I ~ould llke to explain how I arrived at tMs su~6ested ~ount. ~m~nm ~. Mitchell's te~e of off~ce as Act~nR Directo~ of Parks and Recreation~ he received ~,8~.00 a yea~ which was $~,~ less than the a~unt c~P~[ed ~n the budFe~ ~d was one of the reaso~ ~hat led me to ~eque: }he $~]200.07 f[~. A~ther co~U~ reason ~as the Fact ~at ~. HItcheil'~ rase figure ms 9),~0.00 aM ~ addition of k6~.~ ~ould have brouFht It app~ximately ~h,~00.CO ~hich pe~itted an offsettin~ amount For the inte~ent of Parks~ house. - I ~ould like to rescind ~at reco=e~ation. Hr. Hunter dasires to reorganize his dep~t~nt ~d has reco~ended to me certain changes which you have on record. I concur fully In this propos~ and believeit ts Justified by ~e attached breakdown of salaries. In the allowance of only ~285.00 for the Park Superinte~ent,s e~l .... ~{s, we ~st take into co~lderation the fact that we require ~. Routt to be on duty arou~ the clock In the event of recreation activities In the parks or tree ~ervlces necessitated by stor~. Any further adjustment in sala~ or title would be considered during the next budget stay which Is barely 1~0 d~s off. Respect~lly su~ltted, (Signed) Arthur ~. U~ens City ~ger" In this co~ction, the City Clerk brought to the attention of Council a co~unicatlon from Mr. Stuart Felton, Chair~n, Youth Activities Co~tttee~ Israel Friedla~er Lodge No. 877, B,r~l B'rith, urgi~ that M~. Mitchell ~ retained as Assistant Director with a co.ensnare sal~y. After a discussion of the matter, ~. ¥oody moved that Council concur in the r~co~mendation of the City Manager that the title of the Assistant Director .be to Superinte~ent off Recreation a~ that the salary flor the position be Fixed S~,91~,~ pe~ s~, effective Ap~l 1, 1~3, a~ oFffered the follo~l~ emergency Ordinance $ (~11~0~) A~ ~DINANCE to ~ ~ reordain ~ection ~110, ~Recreation Depart~nte~ of the 1~] Budget Ordinate, a~ providl~ flor ~ e~r~ency, (FOr ~11 text off Ordinance, see ~d~ce Book No. 1~, Page ~. ~oo~ moved the ~option of the Ordina~e, ~e motion ~as ~econded by ~. You~ and adop~d by ~e follo~in~ vote, ~, H~ntcn statl~ ~at he t~ In accord ~lth chan~lng the title ffrom Assistant Dlrecto~ to Superinte~ent off Recreation, but that he cannot vote For ~hat In hl~ opinion ~ounts to a salary increase ~hen Covnc~ hs~ refused to ~rant salary l~reasea to oth~ city e~ployees~ A~S: ~ssrs. Waldrop, Woody, Young, ~ ~e President, M~. ~ebber .... In th~s co--crOon, ~r. Waldrop raised the ~est~on as to the method used by the Department of Parks a~ Recreation In counting t~ attenda~e at the parks a~ playg~unds, as well as events spo~ored by the department, the City Hanager advis~g ~. Wal~p that he would furnish h~m ~lth the desired t~ormation. STATE HIO~AYS W~HIN CI~ LIMITS: Council havl~ previously authorized the C~ty Manage~, For and on behalf of the City of Ro~oke, to offer to purchase three ~parcels of la~ owned by Mrs. Bo~le Lee Shape, Hr. Gregory L. Smith and Je~Ings necess~y for the w[denl~ of Hershberger Road, N. W., he submitted wrltte2 report that he has made the offers, but that the above property owners have declined to accept ~. W~dy moved that the matter be referred to ~e City Attorney for prepara tton of the proper Ordinances to acquire the above p~cels of lar~ by proceedings. ~e motion was seconded by Mr. You~ a~ unanimously adopted. AIRPORT: The City Manger su~itted the followi~ report, with ~eference to an offe~ from Mr. Edd Sharpe a~'MP. C. R. Adcock to sell to the C~ty of Roanoke a portion of oP all of the Busho~ Estate and the la~ lying on the north side of the Airport Road, f~nt~ng the Coulter farm, for ~u~ay exte~ion at the Hoa~ke "Roanoke, Virginia May 18, 1953 To The City Council Roanoke, Virginia Gentlemen: In the general overall plan for the development of the Airport, the proposal'has been made coucernlng the extension of the northwest runway to the west and north, in order to allow for the landing of larger aircraft an provision for instrument landings in the future. The to the north E property o£ the existing Route 117 ia owned by the Bumhong state; and Mr, Edd Sharpe and Mr~ C. R. Adcock, of the EDP SH&MFF LAND AUCTION COMPAh~, are planning t develop the property for suburban residences. I Feel It my duty to call th! matter to your attention officially for your disposition. Respectfully submitted, (Signed) Arthur S. Owens City Manager" After a discussion of the matter, Mr. Woody moved that the question be referred back to the City Manager for the purpose of ascertaining definite infor=a- tion from the proper authorities as to'which runway should be extended, and ho~ =uch in order that Four matored and Jet propelled aircraft might land and take off with safety. The motion waa seconded by Mr. Waldrop and unanimously adopted. 'Roanoke, ~irginia }lay 18, 1953 To The City Council Gentlemenl The following letter from Hr, J. H, Fallwell ia in regard to the farm land adjacent to Coyner Sprir~a~ 'May 13, 1953 ~r. Arthur ~. OWens City Manager Hunicipal Bulldin~ Hoanoke, 71rginia Dear Mr. O~ens~ Some ti~e a~o you turned ove~ to me a lette~ f~om H~, John ~eibel relat .ye to rentln~ the land at Coyner Springs. ~n the meantime, I~. Selbel has made o~her arrarFe~nts a~ ~w ~s only interested In mak[~ the hay a Coyner Springs. There ~s a~ther man, however, Mr. Richard Jeter, who o~s property ~d3o[n~ng Coyner Springs, who would like to rent the pasture land for ~200 a year and will pay $.35 a bale for all the hay he Is able to mak. on the place. $.35 per bale ts the same price I-~r. Selbel offered for the haymaking r~ghts, Since Mr. Jeter Is the only person who is interested in both the grazi: and maki~ the hay, I would reco~ne~ that we allow ~. Jeter to rent the Fraz~ rights for $200 a year plus ~.35 a bale for all the hay he can ~ake. We had several other inquiries, but ~. Jeter is the only one has made a defln[te offer, other than the ~.35 per bale ~de by ~[r. Se~bel for the hay. I would reco~end that the aureement cover only a year's period with the right, If agreeable to both parties co~erned, that it be exte~ed from year to year. Since ~. Jeter Is a~lous ~ know whether or not he w~ll be able to use the property, would you please, If ~cessa~, present th~s to Council Monday so we may give him ana~wer l~ediately. Respectfully yours, (Signed) J. H. Fallwell Director of Public Welfare, ~e proposal seems reasonable a~ practical ~o me and Mr. Fall~ll. t~st tt will be your pleasure to authorize a lease for ~e land on the proposed conditions. Respectfully su~it%ed, (S~g~d) Arthur S. ~ens City M~aEer" ~. Waldrop moved that actton~ the matter be deferred for one '~ek, with a view of attempting to secure other offers. The ~tion was seco~ed by Mr. Woody a~ unanimously adopted. · S~: The request of Mr. Cecil Signor, o~er of property located on the east sade of Nineteenth Street,. N. E., ~tween Sunset Ave~e a~ Varnell Avenue, described as Lot 3, Block 11, East Gate, 0ffic~al No. 3220703, designated as 1~05 Nineteenth Street, N. E., that he ~t be re,ired to install a septic ta~ on the sa~d property In that he is ~t financially able to have ~e tank i~talled, hav[~ been referred to 'the City Manger to work out a solution to %he p~blem, he submitte, the following report ~d reco~endatlon: "Roanoke, Virginia May 18, 1953 To ~e City Roanoke, Virginia ~entlenen: You referred to me In your File ~27 a request fromm. Cecil S~mmons that you waXve the requirement for the installation of a septic ta~ on his property. I have had our Health Department end our Building Inspector to check on his pro[osal ~tch is An f~therance of your i~t~cttons. '225 Unfortunately the propert7 ie not lsrge enough ~o~ a septic tank and sub- eur£ace drainage £ield~ and there ere no severe available for the property, In addition~ the construction vould be contrary to the existing Housing end Hygiene Ordinenc~. Although I am extremely sympathetic vith the case, I recommend no exceptions. Respectfully eubmitted~ (Signed) Arthur 5. Owens City Hanag er ' Hr. Young moved that Council concur in the ~ecommendation of the City Manage ~nd that he continue to attempt to ~ork' ou't a satisfactory solution to the problem. The motion vas seconded by Hr. ]~'aldrop and unanimously adopted, LEGISLATION-TUgERCULOSIS SANATORIUM: The City Hanover submitted the folloul: report, with reference to asking, the city's representatives in the (}sneral Assembly to lend their sssistance in requesting the state to increase its financial support the city sanatoria: ~Roanoke, Virginia May 18, 1953 To The City Council Roanoke, Virginia Gentlemen~ ! am in recelpt of the following letter from the Commlssloner of Healtl concern[n~ our proposal that you request our Representatives in the General Assembly to make every effort to secure more revenue fro~ the State for the Tuberculosis ~anatorlum: 'May 17, 1953 T0~ Hr. Arthur $. Owens, City Hanager FROH: Dr. J. N. Dudley, Co~nissioner of Health SUPJECT: Report on the action of the Board of Health at ~ special meeting on ~ay 8, 1953, regarding the State Health Department aid to city sanatoria The Board of Health approved Proposal No. 3 of the Director of Public Health and the City Manager of the City of Richmond wherein the city would request the State to increase its financial support to the city sanatoria by underuriting at least ~0 to 60 per cent of the total patient per diem cost,($3.00 to $4.00 per day.) This is in contract to the token appropriation o~ the last Legislature wherein an appropriation sufficient to pay ~0 cents per patient per day Mas provided. I approve of the Board of Health's action and likewise recommend to you the City Manager, that Proposal No. 3, the substance of ~htch is above, as submitted by the City of Ric~ondbe adopted by the City of Roanoke. ~Grther, the Board of Health included a proposal that Council ask our Representatives in the General Assembly to request at least 50 per cent of the cost for each city hopsital patient per day,'-[rre-~ctive of who they are, occupying a bed in our City Sanatorium. · Yours very truly, (Signed)· ~. N. Dudley, J. N. Dudley, M. D. Commissioner of Health~ The citizens of Roanoke and several other co,-mnunities are in the unfortunate position of being doubly taxed concerning the case of tubercular patients; and it is our belief that if the State pays the cost of one tube patient it should pay the cost of others on the s~ne basis. ~'e, therefore, believe it would be the part of sagacity to suggest to you that our represe~ tativ~be asked to lend their assistance toward making a more equitable distribution of cost. Respectfully submitted, (Signed) Arthur S. Owens City Manager" Hr. Woody moved that action on the matter be deferred until the city's representatives in the next session of the General Assembly have been determined. motion was seconded by Mr. Young and unanimously adopted. CiTY PHYSICIANt The City Manager submitted written report fro~ the City Physician for the mont}~ of April, 1953, showing 589 office calls and 676 filled, as .compared with 635 office calls a nd 638 prescriptions filled For the of April, The report was filed. REPORTS: The City Manager submitted written reports from the Department of Parks end Recreation, the Roanoke Municipal Alrpor. t and the Purchasing Department for the month of April, 1953. The reports were fib d. DEPART~NT OF PUBLIC WELFARE: The City ManaEer submitted written report the Department of Public k'elfare, covering the expenditures and activities of the department durir~F the month of March, 1953, ia cc,~pliance with Sections 63-67.1 and 63-67.2, Code of Virginia. The report was filed. BUDGET-JUVENILE AND DC~.[ESTIC RFLATIO';$ COb~T: The City Manager submitted written report, together with a request from Judge E. A. Pate, Juvenile and Domestic Relations Justice, asking that ~225.00 be transferred from Automobile Allowances to Travel Expense in the Juvenile and Domestic Relations Court budget, in order to defray the exp. enses of two probation officers who plan to attend the Convention of' the National P~obation and Parole Association in Cleveland, Ohio, on May 28, 1953. Mr. Young moved that the request be denied. The motion was seconded by ~[inton and ~nanlmously adopted, BUDGET-DEPA~TM-~ O? PUBLIC ~ELFARE: The City Manager submitted ~ltten report, together with the following com~r, unlcation fro. m the Director of Public Welfar requesting certain transfers in some of the relief categories: "May 11, 1953 Mr. Arthur ~. Owens City Manager Municipal Building Roaaoke, Virginia Would you please request a~thority from Council to transfer some oF our relief funds. The transfers requested do n~ involve any new money and require no new appropriations. The reason for the requested transfers is two-fold-- first, to avoid reductions in our grants to three of the categories; nmmely, Old Age Assistance, Aid to Dependent Children, and Aid to the 'Permanently and Totally Disabled. Secondly, the City will benefit by $1,4.78.00 in increased r air, burs ement. The a~ounts I would like to have transferred are as follows: From General Relief, $5,200.00, and from Aid to the Blind, ~1,200.C0, making a total of $6,~00.00. This a~ount would be added to other categories as follo~: Old Age Assistance, $1,675.00; Aid to Dependent Children, $1,725.00; Aid tothe Permanently and Totally Disabled, ~3,000.C,S, making a total of *6,[,00.00. ~'e ~uld receive increased reimburse=ant because under ¢;eneral Relief we hay to put up 37~ per cent of the total; whereas under the Federally-matched categories, we only put up from 10 to 12 per cent of tb~ money involved. The attached E~hlb!t A shows the changes that would be necessary in the budg t totals. All of these figures have been checked by the City Auditor's Offic~ and ~r. Mates will verify the fact that the changes requested are correct as stated in my letter. Respectfully yours, (Signed) J. R. Fallwell Director of Public Half are" Mr. Minton moved that Council comcur in the request and offered the followin emergency Ordinance: (~11808) AN ORDINANCE to amend and rsordain -Cection ~2, 'Public Assistances of the 19~3 Budget Ordinance, and provldir~ for an emergency. (i'or full text of O~l~ce~ ae~ O~insnc~ ~ook No. 19~ Pa~ 360.) ~. Hlnton moved the ad~tion of th~ O~dinanc~. ~he ~otion vas s~co~ed Hr. Wald~p a~ adopted by the followin~ votel A~i Messrs. Minton, ~aldrop, Wo~y, YounE, a~ the President, ~. ~'ebber-~ NAYS~ N~ne .............. O. ~G~-S~AGE DISPOSal ~e City ~a~Se~ su~itted wmltten ~eport~ to~ethe~ ~1~ a co~unlcatlon fron ~r. F. C. Punne11~ J~. ~ ~lnte~ent of the Disposal Pl~t~ ~kin~ that ~7~0.~ be ~ransfe~red f~m Supplies to Capital ~lay from Revenue In ~e ~ewa~e Treatment Budget, to provide for ~e pu~ase of a sludge grinder. Mr. Wald~p moved that Council concur in the request ~d offered the follow~ emergency O~nance ~ ~11509) AN ~DINAN~ to a~nd a~ reordain an Ordinance adopted by the Co~n of the C~ty of Roa~ke, V~rgln[a, on the 31st day of December, 19~2, No. 11677, entt "An Ordinance mak~r~ appropriations from the Sewage Treat~nt ~nd for the C~ty Roa~ke rom the fiscal yea~ beginning ~a~sry 1, 1953, and e~m& Dece~be~ 31, 1953, and declarln~ the existence of ~n emergency~, a~ providl~ for an (For full text of Ordl~nce, see Ord~nmnce Book No. 19, Page 360.) F~. Wald~p moved the adoption of the Ordin~ce. The ~tlon was seco~ed by P~. Young a~ adopted by the Following vote: At~: Messrs. Minton, Waldrop, Wo~y, Young, a~ the President, Mr. Webber-5 NAYS: None ........... O. S~E OF PROP~TY: The Appraisal Co~tttee subnltted written report, together with an o~fer from Mr. Morton Arrlngton for t~ purchase of city property located between Fairfax Avenue a~ Harrison Ave~e, N. W., west of ~ird Street, described as Lot 16, Block 3, S. P. H. Miller Map, Official No. 2010316, For $200.00, the :o~lttee recom~ndt~ that the offer be accepted. ~. Young moved that Council concur In the reco~e~atlon of the co~ittee a~ that the matter be referred to the City Attorney For preparation of ~e proper 0rdirmnce. ~e motion was seconded by Mr. Woody and unanimously adopted. T~S: Council havin~ u~er date of November 13, 1950, by Resolution No. 10852, authorized the appointment of a co~Ittee to make a study of ~e t~ structur of the City of Ro~oke, the Cl~ Clerk presented to ~e body the co~Ittee's conplet~ report comprising forty-seven pages, including the following general reco~atlons "(a] The adoption of a lo~ ra~e tax progr~ compatible with the ~eds of our growing city and 'one that will yield the required revenue for the municipal services a~ imp~ve~nts without ~e necessity for enacti~ on spur of the moment tax legislation or the floatt~ of burdenso=e bond issues (b) That a tax co~Ittee be appointed by Council from its own body for the p~pose of co~ucting tax studies a~ ~king reco~endations from t{me to time as to tax legislation. (c) ~e re-enact~nt of enabling legislation for the creation of a (d) That schools ~ose e~ollment consists of %0% or more of pupils who othe~tse ~'ould atte~ our public schools, should not ~ required to pay a license tax. (el That taxes on athletic and other events perfo~ed by the Roanoke public schools or parochial schools should be eliminated, . _(~) ,.It. h.e? been eai_d that a good tax syetem ia perhaps 10% legislation an~ Yu~ aamln~etration, root administration can surely upsol all ~ustice inter, led by even the most nearly perfect legislation, t The committee therefore recomL~ende that a tax committee be appointed from the members of Council to cooperate with those offices of our City Government ~hich have to do with our tax system, in order that administra- tion may be constantly improved by larger staffing ar~ more efficient method of operation," In a discussion of the report, H~,. Young voiced the opinion that it should b given consideration at extra sessions of Council and moved that the first informal session be held at ?;00 otclock~ p, m,~ June ~, 19~3, ~he motion ~as seconded Vy Mr ~lnton and nnanimoualy adopted, H~, Young then ~oved that the report be received, The motion was seconded b ~r, Minton and unanimously adopted, ~/lth further referer~e to the matter~ Mr, Woody offered the following Resolution of thanks and appreciation to the covcuttteo; . (~11810) A HF~0LUTIOH of thanks and appreciation to the Roanoke Tax Study Committee for the efficient service rendered in the study and preparation of its Tax Report and Reco~mendatlons, this day officially presented to this body. (For full text of Resolution, see Ordinance Book No. 19, PaFe 361.) Hr. Woody moved the adoption of the Resolution. The motion was seconded by Hr. Waldrop and adopted by the following votel /[YES: Hessrs. Minton, Waldrop, Woody, ~oun_~, and the President, Hr. ~ebber-5~ NAYS: None ............. O. WATER DE?ARTi~h'T-PAPur~ AND PLAYGROUNDS: Council ha~lr~ referred bids for the privilege Of operating cgncessiona at Carvlns Cove, Wa~_hingtcn P~rk and Rockled~e Inn and/or Hill Mountain Zoo, respectively, to a committee for tabulation and report the committee submitted its tabulation and report. ~ appearing from the tabulation that the bid of Betty J. Minton for the privilege of operating concessions at Carvins Cove in. the amount of ~500,00, plus 7~ per cent of cross sales over $5,000.00, is the best bid thereeor, ~r. Young moved that the proposal be accepted and that the matter be referred to the City Attorney for preparation of the proper Ordinance. The motion was seconded by Hr. Woody and adopted by the f~llowing vote; AYES: Hessrs. Waldrop, Woody, Young, and the President, Mr. NAYS: Hone ........... O. (Fr. Minton not voting) It appearing ~rom the tabulation that the bid of Clarence ~ellsce for the p E oI oper tin~ concessions at Washington Park in the a.nount of the best bid therfor, Mr. Minton moved that the proposal be accepted and that the matter be referred to the City Attorney for prep~ration of the proper 0rdinance. The H motion was seconded by }ir. Young a~d unanimously adopted. It appearing from the tabulation that the bid of John L. Godwin for the prlvlleEa of operating concessions at Rockledge Inn and Mill Mountain Zoo is the best bid therefor, Hr. Woody moved that the proposal be accepted on the basis of cig een per cent Of ~ross sales for thc Zoo and ten per cent of gross sales for the Inn and that the matter be referred to the City Attorney for preparat.~on of the proper Ordinance. The motion was seconded by ~r. ~[oung and unanim~usly adopted. POLICE DEPARTMENT: Council herinE referred bids on three automobiles for the Police Department to a com/nittee for t. abulatlon and report, the committee submitted its tabulation and report. 229 It appearing from the tabulation that the bid of Hegic City two of the automobiles in the total a~ount of $~,~60o00 net~ FOB, Roanoke~ ie the beet bid therefor, Hr, Waldrop offered the followir~ Hesolutions (~11611) A RF~OLUTION accepting the proposal of Hagic City Hotor Noanoke, Virginia, on furniehin~ two automobiles to the ?olice ~epart~ent of the City of Noanoke, at a total sum of $]~0,00 net, FOB, Roanoke, Vlr£1nial authortzin and directl~/~the FurchaslnF AFent to purchase the auto,~bllee in accordance with said proposal~ and providtn~ for an emergency. (For full text of Nesolution,~ee Ordinance Book No. 19, Pa~e 361o) H~. ~aldrop moved the adoption of the Raeolution. The ~otion ~as seconded by Hr° ~oody and adopted by tho following votes . AYES: Hecate. Hlnton, Waldvop~ ~oody, Young, and the Preeident, NAYS: None ....... O. It appearlnc from the ta~lation that the ~ld of Johnson-IicReynolds Chevrole Corporation on one of the automobiles tn the total ~ount of $1,70~.00 net, FOB, Roanoke, ¥1rF/nta, is the best bid therefor, Mr. Wald~op offered the followlr~ Resolution: (#11817) A.~ESOLUTIOE accepttnE the proposal of Johnson-~cReynolds Chevrolet Corporation, Roanoke, Vis,In!a, on furnlshIu~ one automobile to the PoIico De~avtnen of the Cft~ of Roanoke, at a total sun of ~1,7¢~.C0 net, FOB, Roanoke, Virginia authorlzln~ and direct[nC the Purchasing Acent to purchase the automobile in accordance with said proposal: and providin~ fop an (Fop full text of Resolution, sea Ordinance Book No. 19, Pace ar° ~aldrop r~oved the adoption o' the Resolution. The ~o%ion was seconded b iiE~. ~oody and adopted by the followfnF vote= AYES: Messrs. Minton, ~aldrop, ~oody, Young, and the President, Mr. NAYS: None ........... O. TRAFFIC: Council at its last meettnE havin~ deferred action on a report of the City ~anaFer, in connection with the request of property o%mers residinE tn the vicinity of the Intersection of Maple Avenue~ Walnut Avenue and First Street, $. that sene ~easu~e.be taken for the safety of pedestrians crosslnC. at this Inte~secti~ the mat~er was again before the body. Mr. YounE moved that ~he report be received pnd tabled. The morton wss s eeo~d d b~ Mr..Minton and unanimously adopted. the Stadium Advisory Committee that certain chan~es . e a charges fo~ the use of Roanake Huntclpal (¥1ctory) 5tadiumand Athletic Field and that the cit~ purchase its own sound equipment for events held at the Stadiu~ until tho present meeting, the'matter was again before the bod~. In a discussion of the matte~ with Mr. Robert P. Hunter, Director of Pa~ks and Recreation and a member of the Stadium Adviso~ Co.'=nlttee~ who was present at the meetin~, ~. Minton voiced the opln~on that the question of pu~chaslnE the sound equipment at an estimated cost of $3,000.00 should be considered in 19~4 budget stud and moved.that action on the purchase of tho equipment ~e deferred until that time. The motion failed for lack of a second. 231 After a further discussion of the matter, the City Manager explainlr~ that the cost of the sound equipment will be a~rtized in ~e schedule oF rental char~es~ that ~en the cost oF the equip~nt has been ~tized It ~lll produce ~e net revenue Fo~ the city a~ that It la his ~co~atl~ that the equip~nt ~ purcha~ a~ the m~Jo~lty oF C~ll bel~ oF ~ o~lnion that the equlp~nt ~ould ~ ~rchs but that the ~dy should ascertain the exact cost thereof before makin~ ~ a[prop~t~ tion. H~. ~oody moved that ~e City. HanaEe~ proceed to advertise Fo~ bids. The motion was seconded by ~. ~drop and ad, ted by the Following vote~ A~S~ Hessrs. ~ald~p, ~oody~ YounF. a~ the Fre~ldent, H~. Webbe~ ....... N~S~ ~, Minton ............ 1, Hr. Woody then ~oved that Council concu~ In the ch~es In ~e schedule rental charges a~ that the matter be re~e~red to the City AttoP~y FoP p~paPation of the pro~ev measure. ~e ~tlon wa~co~ed by ~. You~ and unanimously adopted. CONSlD~ATION OF C~I~: No~. I~RODUCTION ~ CONSID~TION OP ~DINAEf~ ~ ~SOLUTIO~: STRia A~ A~EYS' Ordi ..... RO* llS0a, vacatin~, di .... tinuing and that portion oF Ro~ Ave~e~ S, W,, batten Twenty-first Street and the Boulevard~ the east-a~-~est alley and ~e northland-south alley In Block ~, West End ~d Biv~r '~le~ La~ and Hanufactu~in~ Company Hap, and the east-snd-we~t alley a~ the no~th-a~-south alley In Block ~, ~est End ~ River View Land and ~anufactu~tng ComFany Hap, ~ald Blocks h~ and h~ lyl~ between ~treets no~ de~l~ted a~ Uest Avenue a~ Patterson A~enue on the north a~ sou~, and T~enty-flr~t Street s~ the Boulevard on the east and west~ with the above port,on o~ Ro~e~ Avenue extended between the two blocks, ha~nF prev[oual~ been before Council for ~ts flrs% ~ead s~ laid ove~, was again before the body, Mr. Wald~p ofFeri~ ~e followf~ fo~ its second read[ng ~d f~nal certain u~sed and unused a~ unopened port,on of a street In the Southwest section of the C~ty of Roanoke, sorest[zee dest~ted ~ Ho~eP Avers, ~ the alleys wlthln what Is shown as ~locks ~ and ~5 upon ~e u~ecorded maps of ~est End L~d Rlvervlew La~ s~ Manufacturln Coz ~ a~ H~vervie~ La~ a~ ~ ' Z - P Y, ~ nuractu~ Company a~ West E~ Land Comply, dated respectively October, 1888, Feb~ary, 1899, a~ Peb~a~, 1890, prepared by Dunstan and Wi~ate, E~lneers, which sa[d port,on said Rorer Avenue lies between 21st Street a~ the Boulevard, Is approxi~tely 50 feet In width a~ app~xi~tely ~5.5 feet ~n leith on its Southerly side ~d 375 feet In length on its Northerly sXde, and said ~leys In Block ~ extendtnF From sat 21mt Street to th~ ~oulevard An an Easterly and Wemterly dlrectlon and approxlmat~l ~38.6 feet In length and of a width of 12 feet, and the other alley In sa~d B19ck exte~lng In a Northerly a~ Southemly direct[on from saAd portlon of Rorer Avenue the first above described alley, a length of approxl~tely 150 feet, a~ the first alley as sho~ on said maps In Block ~5 exte~ing West fro~ 21st Street a diet.ce of aprrox[~telyl6Z feet, a~ the seco~ ~ley In said Block extendi~ f~m sald oth~ alley In said Block in a Northerly direction ~5 feet to Rorer Ave~e; ~ provfd~ for the erection ~d ~lntena~e of protective barr[ers by Roanoke Cl~er Block Co~oration, its' successors ~ assign. (Pot full text of Ordln~ce, see Ordin~ce Book No. 19, Page 353.) .232 H~. Waldrop ~ovsd the adoption of the Ordirdnce. The ~otion ~as seco~ed by ~. Hlnton a~ adopted ~ ~e Follo~l~ vote~ A~S~ Hessrs. Hinton, ~aldrop~ ~y~ You~, .a~ the ~resident~ ~. ~AY8~ No~ ........... O, STR~5 A~ ~51 Ordiranco No. 1180~, vacating certain averse, streets a~ alleys In the area bou~ed on ~e ~r~ b~ ~o l~d of the No~ffolk and ~estern Railway Co, any, on the east by the F~levard. 5. W.) on the sou~ by Patterson Avers, ~. ~.~ a~ on the ~e~t by the ~rth-n~-south road ~oin~ the p~pevty ~ tbs ~rfolk and ~estern Hall~ay Co~y, havl~ p~evlouely been before Co~cil ffo~ lt~ First reading, read a~ la~d over, ~as a~a~n before the ~dy, ~. You~ offerin~ the ffollo~l~ for its 8eco~ re~in~ and Final adoptions (~1180]) AH O~IEATEE vacating certain averse, stree~ a~ ~leys In the area bou~ed on the north by the l~d of the Norfolk a~ Ve~tern ~all~ay Co=pm~) ~the ea~t by the ~ulevards ~. ~.) on the ~outh by ~atte~on Ave~es ~. ~.. a~ on ~e~t by the northea~-~outh road adJolnl~ the property of the Eorfolk a~ ~estern Hallway Company. as sho~n on the map of the ~e~t End a~ Hirer Vie~ Land a~ ~ta~fac! l~ Company, dated February, 1890, a~ of record In Lhe Roa~ke City E~Ineer's Offl, es Map No. 2508, a~ as shown on the Officl~ Survey Map of the City of Roanoke, ~[r~[nia, as provided by Section 1~66 of ~e 1950 C~e of VXrg!n~a, as amazed. (For ~11 text of Ordinance, see Ordir~ce Book No. 19, Page 356.) Mr. Young ....d the ~opt,on of the Ordl ...... T~ motion ....... ~ed ~ ~. ~[nton ~d ~opted by the following vote: A~S: }[essrs. }Ilnton, Waldrop, Woody, You~, and the Frestdent, }Ir. %'ebber-5 NAYS: None ............. O. ~AT~R DEPA~T]~E}~: Council havi~ at its last meeting deferred act[on on the ~adoption of an Ordinance, authorizing and prov~d[~ for the purchase of a private water distribution system from John W. ~lebb, heretofore doi~ ~s~ness as the Garden City Water System, due to }~. Webb's objection to a provision in the draft of Ord~na that the springs or wells ~w supplying the sa~d Webb water distr[but~onsy=tem will~ not hereafter be used es a source of ~upply for ~y water distribution system, ~r. Charles D. Fox, Jr.~ Attorney, together w[~ ~. Webb, appeared before the body and t~ follow~g compromise provision to be included in the. Ordinance: "~nat the springs and reservoir on his land sh~l~ ~t be used ~n connection with ~y water works, plants or ~stem in competition with the Water Depart- ment of ~oan~ke City, wi~tn or without t~e corporate l~mtts of Hoanoke City; and whenever =uch competition arises ~thtn a~ area bel~ served by the C[t] ~later Dep~t~nt, e~ use or operation of said ~pr~s and reservoir in com- pet[tion with said Water Department of ~e City of Hoa~ke ~all immediately cease. This coven~t shall ~n ~tth the la~ ~d shall be bi.lng upon the ~r. You~ moved that Council concur in the s~gested compromise a~ that the ~atter be referred back ~o the ~ty Attorney ~o re-~raft the above Ordinance accordi~ The notion was seco~ed by ~r. %'oody a~ unanimously ~opted. CI~ WMP~k~-O~ICE H0~S: Council at its lest meeti~ hevi~ deferred act] an Ordln~:e, establlsh~ng a five-day work week for city e~loyees, in order that the mem~rs of the body miyht study the draft of Ord~ce, the matter was again before Council. In a discussion of the dr~t of O~ln~ce, the President, ~. Webber, pointe~ out that the Ordin~ce provides that whenever ~y of the legal holidays observed By city e~loye'es ~all fall On a Sat~dey or a Su~ay, the ~onday next followfr~ shall observed as a legal holiday, ~r. ~ebber expr~ss~g the opln[on that this should apply to C~lstmas Day ~d New Year'~ Day o~y. deleted from the Ordinance aince it ia purely an ad~uinlatrative mattel,. The Preaident~ }Il,. I/abber, furthel, expressed the opinion that eince the Ordinance ia bair~ considered as a tempor~y ~asure It ~h~ld ~t apply to the Vacation Leave Ordinance w~ch allows fifteen workl~ days for vacation leave, Webber pointl~~ out t~t under the provisio~ of the te~orary Ordinance city enplol taklnE, thel~ vacation du~ln~ the five-day vo~k week ~e~lod ~uld ~et threecale~s~ ~-eeks vacation, ~ereas city e~ployees tekin~ t~lv vacations at other tl~s of the year ~ould Fet one-a~-orm-half less cale~a~ days. After a furthe~ discussion of the draft of O~Ina~e, p~ticularly as to lnco~enie~e to the. public tn closlnC ~n~ci~al offices too often fo~ three-day perils to observe leEal holidays, Hr. Hinton moved that the ~d[nance be taken u~er ad,~i~e~nt fo~ anot~r ~eek. ~e motion was seconded by My. ~oung and unanimously MO?IONS A}~ MISC~EOUS ~USIh~SS: FAR~ A~ F~YGROUS~S: H~. Wald~p b~ouEht to the attention oC Council ths~ the Blue RidFe G~e a~ Flah Association Is sponsoPinE its thlvd a~ual T~u~ Hodeo for chlldven up to fifteen yea~s o~ a~e a% Lakewood Park on )Ia~ 23~ 1953, mot'ed ~at Council deslEnate Hay R3~ 1953, as F~h Eodeo D.~ fop Children a~ encou~l as zan~ to p~tic~ate as can. The ~tlon ~-a~ seconded by 14v. Woody and unanimously adop %ed. T~IC-$TR~E AI~ A~YS: )~. Waldvop b~uFh% to the attention of CouP~l a~ the Cl%~ Mana~ev %he difficul%~ experienced tn entevfnF Dillard Ho.d, S. 'due ~ the clo~ev leaf t~affle pattern at Fvanklln Hoa5 and Ave~.~ Avenue. S. s~ asked the Ci%~ Eanacev to make a stud~ of ~e ~attev. The Cit~ ManaFeP advised ~hat he w~ld look into %he ~heve bel~ no fuvthep bus~nes~, Council APPROVED ATTFST:~ ~erk 233 234 COUNCIL, SPECIAL Wednesday~ Nay ~0~ The C~uncil of tho City of Roanoke ~et in special meeting in the Circuit Court Room in the Hunicipal Bulldir~ Wednssdey~ Nay ~O, 1953, at 8:00 o'clock, po for the purpose oF conductir~ a public hearin~ on the application of t~e Roanoke flallwey and Electric Company and the SaFety Hotor Transit Corporation For authority to make certain char~es in the fare structure as contained in paragraph (~) of the contract between said corporations and the City of Roanoke, the ~resident. H~. Wsbbel presidir~. FRES~NT: Hssarso Hlnton. ~ald~op, Woody. Young, an5 the President, Hr. Webhe! AB$~: None .............O. OFFICEHS FRF~ENT~ H~. Arthur $. O~ens~ City Manager, Hr. Randolph G. ~lttle City Attorney. and Hr. Harry H. Yates, City Auditor° The meetl~ was opened ~th a prayer by the City Manager. BUSES: The Yresldent,-Hr. eh er, st ted the the special meeting of. Council I!ls being held for the purpose of conducting a public hearing on the appl~cation of lithe bus companies for auth~rlty to make certain changes in the fare s~ructure and .icalled upon the City Clerk to reed any correspondence he night have on the sub~ect; iiwhereupon, the City Clerk again reed the co.~unication from the bus com~aniea asking for the changes~ a report from the Bus Negotiating Co~tttee which was established by Reaolutlon No. 11738, adopted on ~arch R, 1953, to ne~otiate with representatives o~ the bus companies; and o h her corr~un~cat~ons heretofore recelved~ The City Clerk then read a com-Tunlcation from Mr. P. H. Trout stating that to increase the charge for the long haul passenger is in line with a modern system~ that he feels ~he long hsul passenger is paylug to little, an~ advising tha~ the bus licompanies should post schedules for the convenience of the public. ii The ~lty. 61erk al~o read a cor~cunicat~on from Hr. A. D. Lucy stating that he no reason for zone fares, that in his opinion there should be only one charge f the entire city, that those people who live close in to the business area ha~e from two to three times the service furr/shed the people living outside of a two mile radius, that there is seemingly no attempt made to observe schedules, that too much t~me if spent at the end of bus lines and that there seems to be no discipl~ne whatever governing the operation of buses, further advising that if the people must pay more then provisions should be made for better service and that he feels a fifty per cent increase in fare at th~s times is out of reason. With further reference to the matter, the City Clerk read a communication from Hr. ~. M. Kyle stating that he does not relieve an increase in f ares by zones will be equitable, suggesting that a rate of two tokens for twenty-five cents w~llh~ practical and easier applied, stating further ~hat in the event the opera~ton of the buses is taken over by the city he does not believe the city could operate them as economically as they ~re now being operated and advising in conclusion that he will gladly pay an additional thirty cents per week if a more satisfactory servic~ he furnished. The President, Hr. Webber, then asked any interested citizen who wished to speak on the matter to do so; whereupon, Hr. Benton O. blllard, ~epresenttng the 235 the Raleigh Court Civic League as a member of th~ League and as an lr~lvidual, appeared before Councll and called attention to the committee report~ advising that .it does not ~ake a reco~mendation that Fares be raised and that he feels the bus co~paniea have not proven the need for an lncrease~ atatlng that patrons of the transit Flrm~ who live within the city limits are subsidizing riders who live beyond the city limits, and suggested that Council look into the operation of the companies as to what salarles top officials ara being paid and to go behind the acen~s of generalities and find out what la going on, further advising that unless this la~ done Council does not know whether or not the Firms are being properly operateds - ~ ~t~. Dillard Further stating that he feels the Safety Motor Trmnsit Corporation shout?~ be required to handle all city passengers and that the Roanoke Railway and Electric CoaFany all outside passengers and that all city passengers should pay one rmte. In conclusion, Mr. Dillard discussed the services now being rer~lered by the companies and stated that patrons are not satisfied with the present services and that he Feels Council should give thought to the wishes of the people. Hr. Young, a member of the negotiating committee, reminded Mr. Dillard that Council had not requested its committee to m~ke any rsco~mendatlcns, that it was only asked to make a study of the request and to report its ~ladings, Mr. Young advising that the committee had available to it the records of the companies, audit reports, etc., and that he is absolutely convinced that the Firms cannot be requital to contlnue operating at a loss and that there must be some sort of increase. Hr. James P. H art, Jr., Attorney, speaking for himself and not representlni any particular group, stated that he has studied the committee report and the information therein and that no Where has he seen anything to indicate service will be improved if zone Fares are granted, advising that Council should have some understanding about better service. Mr. Bart further advised that he does not advocate city ownership of Lbs system but If the Companies cannot operate on the present rare structure the city should take over ~nd operate the system on the sa~e fares, calling attentlo~ to the fact that if the city owned the system It would not receive about $50,000.00 now being paid under the franchise agreement with the two firms, but it could save the elCO, C00.00 now paid in state gasoline taxes, and after taking this into conslderat and deducting the ~20,000.00 deficit for last year the city could have ended the year with about $30,000.00 surplus. Hr. Bart further stated that he thought the companies could attract more users of buses by shifting Of routes, schedule changes, improved service and better maintenance of the equipment end thereby Increase their revenue. Among othersvoiclng complaints about service and objecting to the proposed zone fare boost were Miss Evelyn M. Parrack, Miss Irene Poller, Messrs. George B. Bead, Bo B. Harden, P. G. Lester, R. C. Atkinson~ Beverly Perdue, Frank Manner, Hr. C. ~. Thompson, representing the Rlvsrdale Civic League, and Mr. J. S. Pelton, representing the Grandam Court and Oreenland Hills Civic League. At this point, Mr. Leonard G. Muse, Attorney representing the bus who was present at the meeting, stated that the comt~antes are now operating at a monthly loss of about $6,000.00, advising that the companies are being operated efficiently, smd pointing out that 200,000 miles were cut off or the operations les year and the companies operating expenses were $21,000.00 less in 19~2 than in 1951 after a Four per cent wage increase was given ~htch a~ounted to ep~roxtmatly ,00, 236 ]t~. ~use further atatir~ that the companies have Furnished tventyoeix exhibits to the Cour~ll co~ittee~ that the reports were correct and informative and that the co~panies cannot contirme to operate at a lose of aprroximately ~GjOOO,O0 per month, H3~. Hlnton stated that in his opinion thc companies are not ~lving the prol~e service to the publicj that the 200,000 miles curtailed last year is a definite loss of service to the peoplc~ ad v l Jing that he ia not in favor of zone lncrease.arxl that all Fares should be the same throughout the entire city, Attendir~ the meeting vere officials of the transit Firms lncludin~ }ir, Ye R. Horn, General }tanager, ]~. Re Do Cassell~ Superintendent, Nfo Claude ~essup, ¥1ce-Preaident~ and H~o David ]~arshalll also, approximately fifty interested citizen-' azld everyone havl~ been given an opportunity to be heard on the question, HI-. You~ moved that the matter be taken undei` adviseraent and acted upon at a later data, The motion vas seconded by I~o Rlnton and unanimously adopted. There bein~ ns further business, Council ad~oui`ned. APPROVED Court Roo~ in the Municipal ~uildir~, Honday~ Hay 2~, 19~ at ~CO o~clock, p, m,~ the regular ~eeting hour, ~lth the ~resident, Mr. ~ebber, presldir~, ~RE~E~T~ Hessrs. Hlnton~ ~ald~p~ ~o~y~ You~ a~ the Fresident~ Webber---; ........ A~E~: None ....... 0~IC~ PR~E~ ~, Randolph G. ~lttle, City Attorney, a~ ~. Harry R. Yates, C~ty ~ditor. The ~etl~ was ope~d w~th a prayer by the Revere~ Van F. Garrett, Pastc~ off Christ Episcopal Church. MI~S: Copy of the m~nutes of the re~lar meeting held on Mo~ay, May 1953, havi~ been furnished each member of CouncXl, upon motion of ~. Woody, seco~ d by ~. Young a~ unanimously adopted, the reading was dispensed with and the minutes app~ved as recorded. ~I~ 0F CITI~N2 UFON PUBLIC ~AT~RS: S~S: ~. English Showalter, one of the attorneys representing Mrs. Jean ~ Staples and Wlllla~ Watts, appeared before Council ~n co~mection with his previous request that the City of Roanoke exte~ the outfall se~er llne on Watts Avenue, N. W~, along Lick Run for a total distance of 1,O00 to 1 200 Feet, In order that a sewer line ~h!ch Is to be constructed through a portion'of ~e Watts Estate can be connected thereto, a~ stated that he ~muld like for founcll to act on the requesg as soon aa possible, advising that the la~s have not been developed up to a polnt where any park lands can be set aside, however subdivision maps ~e being worked on but they have not beensubmitted for approval, further stattr~ that the park area ~lll have to be work out In the Future development of the estate since In his present request It ~as not contemplated to set aside a pamk ~ea because the proposed development o~{~ the area has not progressed tha2 far. The matter havlng pre~lously been referred to the City Mann,em for the purpose of negotiating wl~ the Watts Helrs for ~e donation of a portlon of the Watts estat~ between Alvtew Avenue, projected, Watts Ave~e, project, and Slxteenth Street, projected, for p~k~purposes ~d for the purpose of ascer~a[nI~ whethe~ or not a subdivision plat of any portion o~ the Wa~ts estate ha~ ~en submitted, approved or recorded, until the City Manager has subnitted his report. . DEP~T~ OF PUBLIC ~E: Mr. ~. D. De~ appeared before Council, for and on behalf of ~s. Celestas Carden, 1202 Crescent Street, N. W., Mm. Dew adv[slng tha' ;~s. C~den has made application to ~e Depart~nt of Public Welfare For an Old Age Assistance grmnt but that the Welfare Boa~ has den~ed hem request, statln~ that the decision of the local board has been appealed to the State Depart~nt of Welfare ~ Institutions a~ that the local Welfare Depart~nt has refused to give any ass[stanc~ t~ Mrs. Carden while her appeal is pend~. Mrs. Carden, who ~as present at the meeting, stated that she has applied for relief but tt has been refused her on the g~u~s that she has Four sons ~ho should -238 look after her~ lire. Csrden outlining the releons why her sons cannot supply her needse stating ~urther that the Director of Public ~elfare has advised he~ ~ obtal~ ~a~rants to require the so~ to support he~ ~t that she has ~t done so, At this polnt~ ~. J, Hi Fallwell~ Dlrecto~ of the Depth'ant of Public ~elfare~ ~ho vas present at the ~etin~ explained to Cou~ll t~ reasons the applic tion ha~ been denied, advisl~ that.ff~ ~ lnvestlsation ~de of the casa It vas fo~d ~at two of the ~ns are able to contribute to their ~ot~r~s support a~ that the two othe~ so~ have no depe~ents and will not even a~e~ questions or l~oraation ~ to their Financial status, Hr. Fall~ell explaining that In the opinio of. the local ~elfare Depart~nt the so~ ~e able to auppo~t ~s, Carden a~ stated that the ~quest has been spieled a~ a hearing Is scheduled to.be held on June 19~], before ~e ~tate Board. ~ith ~urther reference to t~ ~tter, H~, Dew stated that the ~elfare Depart. l~m~nt should and is obligated to ~lve assistance to H~s. Csrden ~hll~ the case '[~pendl~ stating that In other cases he knows of the ~part~ent has ~e~ered assista~ []dur~r, such t~e.'] i After a further discussion of the ~atter, ~r. Young stated that he ha~ alway: ilfoun~ Mr. F~I~'oll ~u,t and considerate In carry~n~ out the duties of his department ~ar~ moved that since the heari~ Is scheduled for June ~, that Council take n~ ?n the ~quest. Ihe motion was seconded by Mr. Woody and unanimously adopted. DEPART~ 0F ~BLIC ~E: ~. Fra~ E. Atklns appeared before Council ~requested that some means be provided In order that he can obtain an electrl~ heatin Ipad or hot water bottle which the doctor has advised him to use. ~e matter was referred to ~. Fallwell for disposition. P~IONS A~ C0~JNICAT[0NS: ST~S A~ A~S: A petition signed by fo~ pro~rty owners requestl~ that the city complete the gradt~ ~d gra~ell~ of Virginia Avenue, N. W., between Van Buren Street and West Side Boulev~d, was before Council. On motion of Mr. Minton, ~conded by ~¥. You~ a~ unanimously adopted, the request was referred to the City Manager for study~ report a~ recom~ndation to Counc STH~TS ~ ~S: A communication from ~s. E. R. Nl~ols, ~631 ~atham 3freer, N. W., requesting that the city black top a~ut 250 feet of Hou~ Rill ~veme, N. W.~ between Began Street and Chatham Street, ~s before Council. On motion of ~. You~, seconded by Hr. W~droD a~ unaninously adopted, the request was referred to the City Ma~er for study~ report and reco~ation to ZONING: A petition from Mr. Walter H. ~cott, Attorney for the Citizens Undo: taki~ Estallshment, Incorporated, ewer of a lot ~Ich lies between Patton Avenue Harrison Avenue, N. E., f~ntin~ fifty feet on ea~ street ~d designated as Off~ 3010905~ requesting that the lot ~ rezoned from Special Residence District to District was before Council. On mtl~n of ~. Waldrop, seconded by Hr. Woody and unanimously adopted, request for rezon[nE was referred to the City Pl~nlng Comission, for study, ~ort and ~co~endation to 239 ZOSINGI & com~unication from Hr, So A. Carter, 1~07 Orayaon Avenue, ]~o of Lgt 11, ~ectlon 8~ ~u~by La~ Co~ ~ap~ located on the southwest corer o~ G~ayson Avenue a~ Tenth Street, ~. ~., designated aa Official No.. Fequestins that the lot be ~ezoned ~ ~ene~al Residence District to Business Dlstrict~ ~as before Council, On motion of ~. Y~u~ se~o~ed by Hr. ~o~y a~ un~lmously adopted~ the request for ~zoning was referred to ~e City Pla~ng Co~lss~on for study, report ~d ~co~e~at~on to Council, SCHO0~ A c~un~cation f~o~ Hfs, J. Elrk Rln~ tende~n~ he~ a m~mbe~ of ~e Roanoke City ~choo~ ~ard, effective Ju~ ~ 19~3, and ~tatin~ that It has ~en a pleasure to serve the city a~ ~chools In ~ls capacity for the past six ~ears~ ~a~ before On motion of H~, Hlnton, seco~ed by Hr. ~o~y a~ unanimously adopted, t he C~ty Attorney ~as lnst~cted to prepare proper Re~olutlon For the next ~eetl~ of Council acceptin~ the resi~nation of ~s, Rlns as a member of the ~c~ool Board and ~xpressin~ Co~ll~a tha~s a~ appreciation to he~ ~or her services. STBE~S A~ A~YS: A co~unication on behalf of the residents off Bogen Street, N. W., expressing appreciation and th~ks to Council and the City Managem fop hard su~acing ~man Street, N. W., was before Cou~ll. The 'co~unication was filed. HOUSING: The following ~o~unlcation from ~. Ira J. Wo~ck, President of the Co~on~ealth Citizens Assoclat~on, in co~ection with the proposed redevelopment of a portion of the northeast section of the city ~ the Roanoke Redevelopment a~ Housing Authority, was before Councll~ Honorable Roy L. Webber ' Hayom City of Roa~ke A~ the Cou~ll ~ntc lp al ~lldtng Roanoke, ~lrglnia Gentleaen~ _ We. the property o~ers, a~ tenants ll~l~ in the prop ~ed Co~onwealt Redevelop~n~ Area, wish to file this ro~al brle~ wi~ you In opposition to the acceptance of the above mentioned pl~. We feel that the following reasons more th~ Justify our position In this matter. 1. The ~blic hearl~s held by the Hedevelop~nt Co.mission were wholly unsatisfacto~ In that there was ~ completed plan, om a definite prellmlnar plan. Info~atlon wa~ va~e contradictory a~ 2. ~e Com~fsslon a~lts, ~e ~rea chosen Is not the one In greatest ~ed of redevelopment In the Nor~eas~ section a~ ~e redevelopmen~ Is no~ planned to beautify the entrance to the city, ~ c~ give no adequate reaso for the plan ~ thls area. 3. The procedure for ac~lrin~ the res~e of residential property to be used for business Is u~ale ~ presen~ owners. Proper~y ~111 be bou~t at residential appraisal, a~ ~assesaed and sold as business property. ~eretl present owners could not compete ~ a corporation of private investors. This procedure ~ounts to an abr~dsement of a ci~tze~ ~lght to retain owner- ship of ~. lhere are ap;roxi~tely one hunted fifty (1~0) f~lly units availab tn Lincoln Terrace. for low lnco~ Ca.lies no~ livl~ In substa~avd dwe111r In proposed area. Pe~mitting these f~lies to enter Lincoln Terrace project would elimlnate slum sections In this area and pe~lt new buildlna without disturbl~ the ~n~lre area. 5. It has been said. s tanda~ ho~s ~111 re.in In the ares and ~any will no~ be disturbed. Bu~ with plan fo~ street relocation, a~ thirty se~ hack lines, practically all homes In the area will be disturbed. ~. The bl~cking off a~ eli~lnation of streets a~ buildln~ of turn- ~ou~s In the center of the blocks Is a~ther facto~ whi~ ~ill prevent sta~ard hoses fr~ rematnl~ in the area. 240 7o Walk, aye are proposed to Second Street and Co~or~ealth with no indication of sidewalks alor~ these thororoughfares~ this does not affford saffe access to children ~in~ to ~ou~ schools outside o~ the ~ea~ 8..~e object ~ ell~lnation oF.t~o bl~ks oF standa~ ho~s to Siva added play space to the obsolete Oil~e~ School ~en othe~ children are Forced to ~ to the co~e~d 6ainsbo~o School eith p~actially ~ ~, ~ll~en will not have s~e access to Oll~e~ ~chool In croe~n~ the Ju~tlon o~ Co~ealth~ Fatton~ and J~. Street. An u~erpass has been ~ntio~d, but not l~lcated on the maps. 10. Ihl~d Street as the ~ln thoroughfare th~h the cente~ of ~e area will be an added haza~ to children In the ares. 11. Fr~osed location of shopping cente~ will inconvenience residence In the a~es, also haz~dous to children as It will be at the Junction of Route ~60 a~ Route 11, major highways. 1~. ~roposed plan will cause u~ue hardship on older citizens ~n ~ea ~o own property but will not receive an ~unt sufficient to obtain anothe~ house If forced to ~11 but ~lll ha~e assets e~u~h to prevent their livin~ Lincoln ~ro Ject. 1]. ~e requirements of seven thous~d square feet per lot to confo~ t~ pl~ Is excessive as very few standard homes In the cit~ have such footage. 1~. All pro~erty la the cit~ fo~ sale to E~roes Is priced at two thousa~-one hu~red ($~,100) more th~ the price they will receive for presently owned ~o~erty. This d~fFerence will create a new three thousa~ dollar {~3~0) overall i~ebtness which will In most cases cause hardships. 1~. We have no lnfor~tloa of the.contents of supplementa~ doc~nts t~ be ~resented to Co~cil with overall redevelopment plans. 1~. Propcsal to h~ve the rear of ~1 houses fac~ the ~ree main thorou~f~e=~ Orate Ave.~ Second Street~ a~ Co~on~ealth~ will not preach' the b~st v~ew to those entering the city from tho Eorth ~d 17. Ihe proposed plan will make this section a project type area with lnsuff~c~en~ access ~nto s~ out of the area. 18. We hswe no assurance ~at ~ubztar~a~d ewne~-occup~ed ~rope~ty need[~ mlnoP repairs to bring it up to sta~ard will be pe~[tted If ~ere ~[rmmt~ve vote on ~s p~sn by Council. 19, There has been little o~ no [nforcement of the Sanitation a~ 'Hyg[e~ Ord[n~ce. of 1951. Thus maintaining s]un area~. PO. ~ost d~splsced families will f~ ~t difficult to maintain the sta~ard of l~v[~ w~th children in schools and collages; with an added mortgage, a~nce homes In the area will cost eight(8) to ten (lO) thousa~ P1. The redevelopm, nt as proposed will disturb oP el[mitre 7~% o~ the best houses In the entire Northeast section In host cases ~nvolvtng (S~ry) Gentlezen In th~s brief, we hope ~e have proven thmt the ewecut~on th~s p~oposed plan will cause many undo hardships on f~l~es eFen extent of reduc[ng p~operty ownerships In some cases. Since there has been no co~leted plan available'to ~e c[tizena of the area Involved, [zposs~ble fop us %o accept the pl~ ~ proposed. And ask C~ty Council refrain from vo%~ until citizens have had a fair a~ Impartial heavenF on Rll aspects of the completed plan. Co~o~ealth C[t[zens (S~Ened) By Ira J. Womack President" On motion of Mr. Woody, seco~ed by Mr. Young and unan~ously adopted, the REPORTS OF T~CU~SIB SANATORIa: ~ounctl at its last zeet~ng hawing deferred action fo~ one week on ~e recom~e~at~on made by the City Manger that the C~- lease certain fs~ lands owned ~ the city st Coyne~ Sp~ngs to ~. R~chmrd B. Jeter, the Acting ~tty Manage~ ~ubm~tted the following con, un, cat,on f~om the D~rectoP of Publ~ Welfare:. "May Pr, 1953 F~. Arthur 5. UWen~ City Manager Municipal BulldinE Roanoke, Virginia De§r Hr. Owens~ On May 13 I wrote you a letter in resard to an offer we had for renting the land at Coyner Springs. In that letter I informed you that Mr, Richard Jeter had made ua an offer of $200 a year for the rental of the pasture land and $.]~ · bale for all the hay he might be able to make en the place. Coun Il postponed any action unt.~l Morley, May ~lnce lest Monday, we ha~e received another bid from Mr. A, V. McClanahan~ offering $100 · year and ~,3~ per bale for the haymakir~ rights, ~cClenahan, in his offer~ wants to reseed the alfalfa land and do a certain amount of cleaning ups -~lnc9 I do not know what Councllls wishes are in regard to those two offers, I am submitting then both to you.without recommendation. We do not have any other offers at the present time amd since the season is getting late, I do think this matter should be disposed of aa soon as possible, Mr. McClanahan'e letter is attached hereto. Respectfully yours, (Signed) J. H. Director o£ Public Welfare' ln'a discussion o£ the two offers, Mr. Fallwell, who was present at the meeting, advised Council that he has received another co~unicatton from Mr. Richard B. ~eter advising that after further consideration of the rental of the pasture land et Co~ner Springs, he would l~.ke to change his bid for its use to $150.00 for the use el[the pasture land, taklr~ithe responsibillty of mowin~ the briers on the land and in addltion would offer ~iO0.O0 for ell the hay made on the place. After a brief discussion, on motion of Mr. Young, seconded by Mr. M!nton unanlmously adopted, the matter was referred to the City Manager for study an~ to make a definite recommendation to Cm. hc!l. BUDGET-~CREATION DEYART~E&~' The Acting City Manager submitted the report from the City Manager in connection with rates of pay for ga=e off~clals of sports events conducted by the Department of Parks and Recreation: ~Roanoke, Vlrgl nla May 25, 19~3 To The City Council Roanoke, Virginia Gentlemen: On October 9, 19~, Council adopted Resolution ~o. 7953 establishing rates of pay for game offlciels of sports events conducted by the Department of Parks and Recreation. The rates Of pay have subsequently heon revised by the City Manager under authority of the Council and in accordance with the City Budget. The resolution mentioned above was lost s!ght of and consequently is in cor~fltot with present conditions. I therefore request that Besolut!on No. 7953 dated the 9th day of October, 19~, be revoked. Respectfully subnitted, (Signed) Arthur S. C"~ens City Manager" Also in this conr~ction, the Acting City Manager submitted the following com~unlcatton from the Director of the Department of Parks and Hecreat!on: "May 21, 1953 Mro Arthur S. Owens City Manager Roanoke, ¥1rglnla Dear Mr. Owens: Recently the Baseball Umpires in this area have organized. They are now exerting pressure on this department t5 lncrease the rate of pay for Baseball and Softball ga~es.. On October 9, 19~, Council for the City of Roanoke estahl lshed the following rates o£ pay for Baseball and Softball: Softball and Baseball umpires, Class 'A' and 'B' - $2.00 pe, r ga.me Ail other leaEuea 1.50 Scorers 1.50 per session 241 242 The Umpire,s Association is requestin~ th~ following schedule of feas~ 'A~ Leazuc $~,00 p~r ~n par ~B~ League tot League 2,00 " " Twilight Raseball ~,00 " " L.at year the Department inadvertently paid three dollars per man per g.~e to officials in the 'At League° In view of Council's action on Octoher 9, 19[~, and to ~y knowledge their actions has never been rescinded, fees for officials this year were made to con~or~ to existing policy, ! am strongly in favor of the Officials Organization ~hich viii result in unifor~ interpretations of the ~lee, Conversely I a~ atrcnEly o~posed t, · the Officials dictating polic7 for the Department of ?arks and Recreation, On the basis of the i95] softball schedule, officials costs will be as £ollows~ 'A' League ~§ games @ ~ $ 192,O0 IBI League 90 games §~ IndUstrial League 72 games ~ 2~0o00 Church League 120*games ~ Costs on the basis of the Officials Aamco!etlon for softball will be aa follows: 'At League ~8 ge-~es ~ ~6,00 $ 288°00 'B' 90 games @ ~.00 ~50.OO Industrial League 72 games ~ ~5.00 360.00 Church League 120 g~mez @ ~5. O0 600.00 Ap~roprietions for officials for 1953 totaled ~5,800.OO. Expenditures to date a~ount to ~2,9~1.60. Knowing the cost of softball, and with Twiligh baseball, and sandlot football still to come, in accition to the Negro leagu, the request of the Umpires Association, if complied with, wou~d result in overexpendlture of appropriated funds. I would suggest that fees for the 'A' League officials be increased to $3.00 per man per gm.e, which budget wise, we could handle. Since this is an administrative problem, I would appreciate your approval or disapproval the suggestion. Very truly yours, (Signed) R. P. Hunter Director~ After a brief discussion of the matter, Mr. Young moved that the matter be taken under advisement and that the City Clerk furnish Council members copies of the last Resolution approving the rates of pay. The motion was seconded by Mr. Woody and unanimously adopted. CITY CODE: The Acting City Man~ger submitted ~he follow~ng report from the City Manager in connection with codifying and modernizing City Ordinances: 'Rcanoke, Virginia May 25, 1953 To ~e City Council Roanoke, Virginia Gentlemen: I have received the following proposal from the Michie City Company to codify and modernize our City Ordinances: '19 May 1953. Honorable Arthur S. 0wens~ City Manager, City Hall, Roanoke, Virginia. Dear Mr. Owens: ~e have drafted and are herewith enclosing two (2) executed copies of the proposed contract under ~hich we would prepare the new edition of the Roanoke City Code of Ordinances.- We can appreciate the fact that you are at present unable to prepare send to us copies of all ordinances passed since the last Code was published. You can likewise appreciate the fact that lw ould be mantf, impossiblefCrCodeanyone to determine with absolute certainty the exact of the new until all of the editorial work has been completed and assembled in manuscript form. Accordin&ly~ we have used the Roanoke Code o~ 1939 as the basis for prepa~lng this new proposal° 1~erefore, we have estimated the cost of doing the editorial work and printing and binding £or the city 200 topi of this nemCode of Lews~ enticipetinE a Code that miIi be the sa~e size of the Code of 1939o ~hat Code contained, aa you know~ 455 printed os Our proposal, therefors~ mould obligate us to do ali of the necessary editorial work and then a~ter you inspect end approve the manuccript~ then mould set this Cede in tyre end' print end bind for the city 200 copies of the completed Code. For this entire work ~e have £ized · price of ~5,000.00o If the new Code does not ezcsed 455 printed the alga of the Code of 1939, then the city will owe us no further If, on the other he~l, the Code does esceed 455 pa&es, the city would .pay us %?.00 per page ~or each page over and above ~5 -- this to the extra editorial work and the extra typesetting and printin&o ~e believe ~hia to be · Yet7 fair proposal and we subm_tt that it a moat favorable opportunity for the city of ~oanoka to have all of its Ordinances ~ut in £irst-clssa condition and printed in Code form. To the editorial work and printing of a Code of this size normally costs two to three thousand dollars ~ore than the price flxed In this ~a ere givins full credit to the fact that geographically wa are close to Roanoke and secondly that we are now doing similar work for other Virginia cities· Please let me hear from yo~ at your earliest opportunity. Wiry highest regards, I am Sincerely yours, (Signed) Cbas. W. Subi~tt President/ I advised the gentlemen no provisions were made in this year's budget for this proposal; however, they have submitted a plmq, which I would like to ~resent to youwith the suggestion that you advise the comuany, if you see fit to do so, that we will consider it in the 19~4 budget~ Respectfully sub~itted, (Signed) A. S. Owens City .-~anager" On motion of Hr. Wa!drop, seconded by ~. Minton and unanimously adopted, th~ recommendation of the City Manager that the matter be considered in the 19~4 budget istud$ was concurred in, and the Clerk was instructed to so notify the Michie City !Publications Company. BUDGET-HEALTH DEFAR~F~E:~: The Acting City Manager submitted the co~unication from the City Manager in connection with a reorganization program in the Health Departzent: "Roanoke, Virginia May 25, 1953 To The City Council Roanoke, Virginia Gentlemen: The following lettem f~om Dr. J. H. Dudley, Co~nlsalo~er of Health, is a plan for a reorE~nlzatton progra~ Whereby he would like to have a Director of Sanitation for the Health Department{ 'April 30, 1953 TO: Mr. Arthur o. L~eno, City Manager FROM: Dr. J. H. ~udley, Commissioner of Health SUBJECT:Mr· G. S. Kennedy -ssstgnment as Director of Sanitation for the Health Department Mr. Kennedy is our Senior Milk San~tarian, age 54, a graduate of Tennessee University, and with the Health Department now for 23 years, being the oldest in point of service. He has made a written request for assignment as Director of our Sanltatibn Division. I have a Director of I'urslng and a Director of the Laborator and · ' y, several times I have considered making this requested chance of status. I would llke to delegate to him sanitation supervisory authorit~ as 243 (1) Supervision of all sanitation personnel (~) TO continue performin~ hie present responsibility in our milk program together with our other Hil$~-~anltarian, Hr, Huff, (3) Planning and executing the sanitation program urder the super- vision of the Health Co~iesioner (b.) He understands there will bo no increase in salary allotted in the present budget. Attached is a copy of the letter from Hr. Kennedy making the proposal, I hope the City will approve this suggested change in status. Other cities of Virginia of our size have sanitation supervision, (&lzned) J, N, D.~ This entails no added cost to the Cityl and I recommend it be accompl!s Respectfully submitted, {bigned} A. $. O~ens City Ma~ager" After a discussion of the matter, Mr. Waldrop moved that Council concur in iithe reco,'~endatlon of the City Manager and the request of the Commission of Health Ithat the title of Dairy Inspector be changed to Director of Sanitation, and offered 'libel following emergency Ordinance-' (#11813) AN ORDINANCE to amend and reordaln Section ~0, "Health Department" llof the 1953 Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 19, Page 363.) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by !Mr. Woody and adopted by the following vote: AYES: Messrs. Minton, Waldrop, Woody, Young and the President, Hr. Webber-- NAYS: None ......... 0. ALMSHOUSE: The Acting City Manager submitted written report from the Almshous~ !Ifor th .... th of April, 1953, showing a total expense of $1,502o51 .... ~pared with a total expense of $1,~?.07 for the month of April, 1952. The report was filed. REPORTS: The Acting City Manager submitted written reports from the Departmel ~f Air Pollution Control, and the Department of Public ~orks for the month of April, 1953: also, a report from the Police Department for the month of March, 1953. The reports were filed. BUDGET-PHNSIO}~: Council having taken under advisement for future considerat the request of the Board of Trustees of the E~ployees' Retirement System of the City of Roanoke that ~350.00 be appropriated for a study to be made of certain changes requested in the E~ployees' Retirement System by, some members of the system, and the glty Auditor having been informally requested by the Prestden*,, Fr. Webber, to cause a poll to be taken of all members of the Employees' Retirement System as to ~.~ether not they are willing to bear their proportionate pert of any increase in cost result from the proposed changes and to furnish the results to Council, he subnitted a tabulation of the results of the poll. After a brief discussion of the matter, it appearing from the above tabulatic that the majority of all of the members of the Employees' Retirement System are ;o bear their proportionate part of any increase in cost resulting from the proposed :hanges, Hr. l~'oody moved that Council concur in the request for the appropriation of ;he $350.$0, and offered the folio'wing emergency Ordinance: (#1181~) AN ORDINANCE to amend and reordain Section ~1~, eEmployees' Retlreme~t ~ystem", of the 1953 Budget Ordinance, and provid~ng for an emergency. Book No. 19, Page 363.) Mr, Woody moved the adoption o£ the Ordinance, The motion was seconded by H~o Waldrop and adopted by the followin~ votes AYES; Heeerso Minton, Weldrop, Woody, Youn~ and the Pre~ident~ ~, Webber-5o NAYSI None ....... ~?ORT5 OF. CO~T~ 5TORH D~S~ The CltyAtto=ney having been requested to p~epare ~esolutlon =ett~ Forth te~ and co~itio~ fo~ the construction o~ astor= drain the He~chant~s Par~n~ Qara~ on ~eFfer=on ~treet, he presented =am~ ~hereupo: ~, You~ oFFere~ the Fo~l~n~ (~1~1~) A R~SOLU~ION d~ractins the City Ha~ger to cause requisite speclf~catfo~ to ~ pre,=red fo~ the co~truct~on oF a 1~~ concrete stor~ drs~n to serve the ~erchsnt~s ~=rkl~ Co.~ Inc., Building~ dlrect~n~ the City ~an=ge~ to advertlse for bids Fo~ the con=t~ctton thereof; a~ conCUrrently authorl=~ the City ~a~e~ to sccept~ cn behalf of the C~ty, the best b~d received. (Fo~ Full text oF ~e=olut~on, =es ~dinance Book No. 1~, ~aSe ~. Youn~ moved the ado;,t[onof th~ R~=olutfon. The ~t~on ~a= ~. ~oody ~d .adopted by the Foll=~ln~ vote~ A~S: Messrs. Minton, Waldrop~ Woody, Young, an~ ~e Presiden%, H~. Webber-~ ~YS: None ...............O. STATE HIGHWAYS WITHIN CI~ LIMITS: The City Attorney hav[nE ~en requested prepaPe the pvopeP Omd{nance to acqul~e by conde~ation p~ocee~ln~a captain parcels of lend owned by M~. Roy M. Je~in~s, Hrs. Bonnie Lee &harpe and ~. qregoPy L. Sm[t{ necessaPy for the wlden~ of Hershberger Road, N. W.~ he presented drafts of [Ordinances for each o~ the properties; whe~upon, Mr. Y~unE offemed the follow~nE ezerEency measure ~mov[~nE for the acquls[t~on of lend f~m }I~. Roy M. Jennings: (~11816) AN ORDINANCE autho~lzinE ~d dlrect[~ that conde~at[on be ~nst[tu~ed %o acquIPe, for and on beh~f of the C~%y, the f~e =~mple t~%le to certain land s~tuated ~n %he City of noanoke, on the south s~de of He~shberEe~ %o be used fop the widening and improvement of Hershberge~ Road; s~ prov[d[nE fo~ (Fo~ full text of O~d~nsnce, see 0rd[nsnce ~ok No. 19, Page ~. YounE moved ~he ~opt~on of the O~d[na~e. The motion was secondod ~. Minton a~ adopted by the followlnE vote= A~S: Mess~s. Minton, Wal~p, Woody, Young, and the President, N~S: None ......... O. In this co~ectlon, Mp. ~oody offered ~e followi~ emergency O~dinance p~ovldl~fo~ the acquisition of ls~ from. F~s. Bonnie Lee (~11817) AN O~INAN~ a~thoPizin~ a~ directing that condemnation proceedl~i be instituted to acquires fop and on behalf of the City, the fee s~ple title :e~tsin la~ situated In the City of ao~nokes on the south side of HershbemEe~ Road, to be used for the wideninE and Improvement of He~shb~r~ep Roadl and p~ovtdi~ fop (For ~11 text of Ordl~nce, see Ordi~nce Book No. 19, Page 366.) :y :246 R~. Woody moved the adoption of the Ordinance, ~e motion vas seconded by ~wo Weld~op and adopted by the following votel A~= Hesa~s. Hlnton~ ~sldrop~ ~ood~, Youn~ a~ the ~r~sident~ ~. ~ebber-- ~Y~= Nons .......... O, Also In this co~ection~ H~. Wald~p offered the followl~ rovldl~ For the acquisition ~f land From H~. Oreso~ L. (~11818) A~ O~I~E authorlzins and directi~ that condeanation be instituted t~ ac~ire, fo~ a~ cn behalf of the City~ ~e ~ee sl~le title to certain lend aitvated In the City oF Ro~cke, on the eouth aide of Her~hber~er ~oad~ to ~ used fo~ the ~ldenin~ a~ l~provement of Her~hberser RoadI a~ p~vidin~ (For Full te~t o~ O~dlr~nce, ~e Ordlnanco Book No. 19, Fa~e ~. ~aldrop moved the adoption o~ the O~lnance. The r~tion ~as $ eco~ed by ~. Hlnton a~ adopted by ~e follc~l~ votoi NAYS: Eon~ ............. ~lth f~ther reference to the matter, ~. ~aldrop moved that the CltyAttorne~ ~prepare the nece~s~y Ordinance provid~ For the ~urchase and acqulslt[on of other ~rop~rty necessary ~denl~ Her~hber~er on ~hlch the city has ~op~tcns, Th~ motion ~a~ ~ecc~ed by ~, ~oody a~ ~n~u~ly adopted. S~ 0F ~OP~TY: The City Attor~y havir~ been ~quested to prepare an ~Ord~nance to provid~ for the s~e of Lot 16, Blcck 3, S. P. H. Miller Map, ~No. 2010316, to ~. Morton Arrlngton, he presented sa~; ~ereupon, Mr. Minton moved that the following O~lrmnce he placed upon ~ts first reading. The motion vas ~seconded by ~. You~ and adopte~ by the following ~: Messrs. Minton, Waldrop, Wo~y, Young, and the President, Mr. Webber-~. NAYS: None ......... ($11819) AN ~DINANCE providir~ for ~e s~e oF Lot 16, Block 3, S. P. H. Map, Offici~ Tax No. 2010316, by the City of Roanoke to Mortcn Arrington, a t a net co~deratton of ~2~.00 cash and authorizing ~he execution a~ del[ve~ of a deed BE IT O~AIh~ by the Council of the City of Ro~oke as follows~ 1. T~t s~e be made by the City of Roanoke ~o Morton Arr[~ton of Lot 16, Block 3, S. P. H. Miller ~p, Offlc[~ Tax No. 2010316, at a net consideration of $200. O0 cash; 2. That the proper City officials be, and they are h~reby, authorized for a~ on beh~f of the City, ~ execute ~ del~ver a proper deed, to be by the City Attorney, conveying, ~lth Specl~ Warr~ty of title the abo%e prcperty to the proposed purchaser and to del~ver the same, properly execut of the ~t cash conslder~tion. ~e Ordinance having been read, was laid over. WATER DEP~T~2~-PA~S AND P~YGRO~S: Council hav[~ prevl~sly accepted proposal of Betty J. Minton as the be~t bid for operation of ~e Carv~ns Cove :oncession on the bas~s of ~5~.00 plus 7~ per cent of ~oss sales over $5,000.00, the CltyAttorney hav~g been requested to prepare the proper Ordtn~ce, he s~e; whereupon~.~. Wald~p offered ~e followl~ emerge~y Ord[n~ce= , 247 (~118~O) AN ORDINANCE authorizir~ and directin~ the City ~anager,-ffor and b~al~ o~ ~e City of ~a~ke, to enter ~nto a ~nt~act ~lth ~tty J, Hinton grant~n 'tain concession ~ighta and privileges to be exercised In the Carvins Cove area, (Po~ ~ull ~xt of O~l~e, see Ordinance ~ok No, 19, PaEe ~, Yald~p moved the ~o~tion of ~e Ordinance, ~e ~tion vas seconded by Pw, ~oody a~ adopted by the follo~in~ votes .AYe= N~ssrs, ~ald~p~ ~oo~, You~, a~ the Frealaent~ Hr, ~ebbe~ .... N~5= None .........O, (~. ~lnton not votl~) P~ Ah$ PLAYGrOUnd= Council hav~n~ p~vioualy accepted the proposal Clarence ~allace aa ~e best bid fo~ operation of the concession at ~ashin~ton P~k the ba~la of SI,GOO. COs and the City ~ttorney havl~ been ~quested to prepare the pro~e~ Ordln~ce, he presented ~e, tc~e~e~ vith the contract. ~e.contract as prepa~d by the City Attorney ~as then ~ead by ~e City Clef: In its en2lretyi ~ereu~n, ~r. Ycu~ o~fered the rollo~n~ emergency Ordinance= (~116~1) AN O~DI~NCE au~orizi~ ~ dlrectt~ the City Hana[er~ fo~ a~ on behalf of the City of ~oanoke~ to enter into a contract ~lth Clarence Wallace attain concessio~ ~i~hts ~d prlvile~e~ to ~e exercised at WasBln~ton Park, (For f~ll text of Ordinate, se~ Ordinate ~ok No. 19, ~a~e H~, ~oun~ ~ved the adoption of the Ordinance. The aotlon ~as seco~ed by ~, Hinton a~ adopted by the follo~ln~ vote= ~ES: ~essrs, ~inton, Waldrop, ~oody, ~un~, and the ~re~ident, I~, NAYS: No~ .......... O. PAEES ~D FMY~aOUh~S: Cou~ll havin~ previously accepted the proposal Jo~ L. Godwin as the best bid for the privilege of o~rati~ the concessio~at Rockledge Inn a~ Mill Mountain 2oo on the basis of 18 per cent of gross sales for t EGO ~d 10 per cent of ~o~s sale~ for the I~ a~ the City Attorney having been requested to prepare the p~per Ordinance, he presented smme; whereupon, Mr. Woody oFFered the following e~rgency O~ance: {$llgY~) H ORD!2RCE authorizing aM directing the City Marmger, for and on beha~ of the City of Roanoke, to enter into a contract with ~ohn L. Godwin grantln~ certain concession ri~ts and privileges to ~ e xercised at ~e Mill Eountain Zoo and at the Rockledge (For full text oF 0rdin~ce, ~ee Ordinmce Book No. 19, Page ~. Woody moved the~ot, tion of the 0~Inance. The motion was seconded by Wald~p and ~opted by the following vote: AMS: ~e~srs. Ninton, ~drop, Woody, You~, ~d the President, ~. ~YS: None ...........O. STADIa: The Uity Attorney having been ~quested to prepare ~ 0~inance uevisi~ the schedule oF rental charges for use of the Roanoke Municipal (VictoU) Stad2~ a~ Athletic Field In accord~ce with the reco~e~ations subaitted by the Stadi~ AdvisoU Co~ittee, he presented ~e{ ~ereupon, Mr. Young offend the following e~ergency ~diname: (~11823) AN 0~IN~CE establl~hl~ a m~edule of rental charges For the use the ~nicipal Stadi~ ~ Athletic Field, Roanoke, Vicgini~; e~tabli~htr( certain and regulations for the u~e thereof{ repeali~ Rezolution No. 7430, adopted on lgth day oF October, 194P, as amended by Resolutions Nos. 89h6 a~ 9176, adopted, respectively, on the 10~ day of Feb~ary ~d the 18th d~ of August, 19~7; a~ puovi (For full text oF Ordi~nce, see O~i~nce Book No, 19, Page ]70.) H~, Y.ung moved the adoption of the Ordinance. The motion wasMconded by K~, Minton and edopted by the follo~ns votez A~t Hossr8, Hinton~ ~mldrop, ~oody~ Young~ ~d the President~ ~ZT~ D~XR~E~I ~e City At~rney having' been requested to redr~t an autho~lzl~ ~ p~v~dlng for the p~chaae of a private ~ate~ d~stributlon system. fro~ John ~, ~ebb.in accordance ~tth a co.~romise presented by Hr, ~a~les Attorney fo~ ~, ~ebber, the City Attorney presented sa~eJ ~ereupon, ~, ~oody *offfered the frolicking emrgency (~11~2~) AN 0~I~N~ authorizi~ and p~viding for the ~urchaae of a privat, ~ater dtstrl~tion system from John ~, ~ebb, heretofore doing.busimss as the Garden City Water 3yatem; p~ovidlr~ For the payment ~e~fo~J a~ p~vidl~ For an emer~enc[ (For full text of 0~ln~ce, see Ordinance Book No. 19, Page Hr. ~oody moved the adoption oF the Ordinance. The motion ~as seconded by ~Hr, Hlntcn a~ adopted by the follc~i ~ ~- He~sr$ Hintcn, ~aldrop, ~o~y, You~, a~ the President, MOTIONS A~ ~!SCEL~h~OUS BUSIh~SS: T~F~: Council haveng heretofore se~ June 2, 1953, at 75~ o~clock, P. m., ~for the f~rst informal ~et~P~ to consider the tax report submitted by the Roanoke Tax Study Co~ttee~ Mr. Woody suggest2d that the meeting be held aS the sane hour Thursd2y,June 4, due to the fact that soze ~embers of Council ca~ot be p~sent ~June ~, 1953. Council concurred In the suggestion and t~ zeetXng was postponed ~ere being ~ ~rther business, Council adjourned. APPROVED ~ Clerk ~ COUNCILj REGULAR I~.ETI~.*6s The Council of the City of Hoanoke met in re£ular meetin£ in the Circuit Court Hoom in the ){unicipal Build'rig, Honda~, June 1, 19~], at 2~ o%lock, p. the re~la~ ~etl~ hour, ~lth the Pre~ldent~ ~r. ~ebber, P~SEh~ Hessrs. Hlnton, ~sldrop~ ~oody~ Young, a~ the Prestdent~ ~. Weber .................. OFFI~S ~E~: Hr. Arthur S. ~e~s, C~ty Hanage~, ~. Randolph G, h~Xttl, City Attorney, n~ Hr. J. Robert Thomas, ~siat~t. City A~ltor. The ~eti~ vas ope~d with a prayer by Dr. A. L. J~es, Pastor of First Baptist ~urch (Colored). MI~: Copy of the m~nutea of the ~gular meeti~ held on Mo~ay, May 18, 1953, having,been ~urnished each member of Council, upon motion of ~. Wal~rop~ seco~ed by ~. Woody ~d un~nimously adopted, ~e resdlng wes dispe~ed w~th ~d the minutes approved as recorded. ~RI~;G OF CITI~NS UPON PUBLIC STRE~ PAVING: Pursuant to n~tice of advertise~nt for bids on the paving of streets at various location~ ~n the City of Hoanoke acco~d~r~ to the Vlr~lni~ De,art merit of Highways speci~lcatlo~ (dated January 1, 1947), the plans a~ for the project to be fu~nlshed by the C~ty of Hoanoke, s~id b~ds to be ~ce[ved by the City Clerk until 2:00 o'clock, p. ~.,Mo~ay, June 1, 1953, ~ to be opened befo: the Council of the City of Roanoke at th~ h~ur, the President, Mm. Webber, asked if there was anyone present ~'ho d~d ~t fully understand %he advertisement, if there anyone present who ha~ been denied the pr[v[lefe of bldd~E, or if t~ere were a~ questions anyone would llke to ask, and n~ repre~entative present ~i~[~ any questi~ n, the President instructed the C~ty Clerk to proceed with the opening of the three r~ce!ved. The b~ds havlnz been ope~d ~d publicly read before Council, Mr. Woody offered the follow~g Resolution: (~11825) A RESOL~ION refe~rf~ bids on the pavlm~ of streets at various locations ~n the City of Roanoke, accordin~ to the Virginia Dep~tment of Highways speclflcatlon~ (dated J~uary 1, 19~7), to a committee co~posed of ~. Arthur S. C~ty Manager, ~. J. Robert Thomas, Assistant City Auditor, aM Er. John L. Wentwor~ , Director of Public Works, for tabulation and report to the Council of the City of Roanoke at Xts meeting on June 15, 1953. (For full text of Resolution, see O~ln~ce Book No. 19, Page 375.) Mr. Woody moved the ~dopt~on of the Resolution. ~e notion was seconded by ~. W~drop and adopted ~ the following vote: At.S: M~ssrs. Minton, Waldrop, Woody, Yqung, a~ the President. M~. Webber-~, NAYS: ~one .............. ~NI~ D~ION HO~: A group of w~en fircm the %~om~n's Missionary Societ of Calva~ Baptist Church appeared before Co~c~l, with Hiss Elsie Proffitt acting az spokesman, M~ss Proffitt asking that an educational director be secured at once to d~rect [he studies a~ play activities of ~e delinquents at tke Juvenile Detent Home In order that these boys and girls will he ga~ully e~loyed talker than lock In their cells in Idleness, ~lss Proffitt po~nti~ out that the state will pay two- thirds of the s~a~ of such a director. 249 250 Also speaking on the subject, was }(rs. W. O. Nelson, Jr., }(rs. Nelson explaining that the Woman's }(lasionary ~oclety has taken the lmp~ovlng of conditions at the Juvenile Detention Rome as o~ of its co.unity missions projects, In this con~ction~ various ~m~ers of Co.oil presented individual co~unic tio~ received f~m Hrs. Doro~ea F. Chick, }(isa Ella V. Robe~tson~ Hrs. De~ey urging-that the educational director be employed, ~ter · discussion oF the ~tte~ Hr, ~inton moved, that the question referred to ~ City Hanager for lnvestl~ation ~l~ the Roa~ke City ~chool ~d to ~eport back to Council ~ his re~e~ation, The ~tlon ~as seconded by ~M, Yc~ and unan~ously sdopted, P~ITIONS A~ CO~ICATI~NS= ZONI}~ A petition f~m Ho=coo B, Ba~s and Hlrmle O. Ba~s~ askir~ that p~operty located on the west side of ~ree Street~ N, W.~ ~tveen G~dy Road and ~ltten Avenue, described as Lots 17 and 18~ BlocklO~ Lincoln Court Hap~ Officlsl [~};OS. ~040617 and FO~0618, Be rezoned from Srecl~ Residence District to msir~ss ~Dist~ict, was befo~ Councll. On motion of }~. Waldrop, seconded by l~Ir. Young and unan~usly adopted, the ~matter was referred to the City Pl~nlng Commission for study, report and ~ t~on to Council. SCHOOL BOA~: A cor~un~ca~lon fro~ Mr. Mart~ P. Burks, po~nt~g ou~ ~h~s ~er~ as a me~ber of the Roanoke C~y Schoo~ Board w~ll expire cn June 30, 1953, ~ar.d ~k~n~ ~hat he no~ be considered for reelection, was before Council. ~. ~oody moved ~he~ Counc2~ co~ur ~n ~he reques~ of Mr. ~rks and ~ha~ Ci~y Attorney prepare an appropriate Resolution of ~h~ks a~ appreciation for ~he servtce~ rendered by Mr. Burks as a member of ~he Roar~ke C~ School Board for adoption by ~he body after h~s ~ern has e~d. ~e ~ot~ was seco~ed by ~r. Waldrop ~nd unanimously adopted. HOU~ING: Council hav~C previously referred a proposed Redevelopment P~an for the Co~onwe~l~h Redevelop~en~ Pro Jack, as sub~ed by ~he Ci~y of Roanoke ?~Redevelop~ent and Hous~ Au~horlty, ~o the C~y Pla~n~ Co~ssion for s~udy, report and ~co~mendation to ~he body, ~he following coruscation ~rom ~he Redevelc merit ~d HousinC Au~orl~y, wl~ refere~e ~o es~Xmated costs of the project, was before Council: "May 2~, 1953 Honorable ~ayor, Members of City Council ~d Planning Co~!ssion Ro~oke, V~rgln~ Real~zin~ that emch of you Gentle~n ~ now ~n ~he process of rev~ewi~ proposed Redevelopment Pla~ for ~he Co~o~e~h P~Jec~ and ~n v~ew of fac~ that several of yo~ have requested costs on the pro~ec~, I ~ enclosing herewith for your ~nfo~a~on ~he following estAmated com~s of ~he Co~cn- weal~ Redevelopmen~ P~Jec~. To~ Estimated E~pe~i~u~s by ~he City of Roar~ke Redevelopment ~nd Authority - ~2,785,0~5.~. Of ~s ~ount ~1,990,0~.00 or 72% represents ~be cos~ of ~he la~ and ~300,000. or 11% ~he cos~ of new s~ree~s, sewers and o~her sate ~mprove~n~s. ~e re~n~ng 17% consists of ~nteres~ charge~ on ~he loan; acqu~sit~on e~ense~ ~uch as appraisers' and negotiator's fees; brokers' co~sstcns for sell~ ~he land; ~egal services; survey and pla~ co~s; a~in~s~ret~ve overhead expenses a~ a contX~ency re~erve~ This Mount of ~2m?SS,045. plus the cost of site improvements and £seilitise provided by the City as eligible non-cesh local ~rantsoin-eid {items 1o6 below) ~ko up the ~ros~ project cost of ~3m78o,§~3o After the land is sold for an estimated ~?~3,107., tho ret cost of the project will be ~3~0~?,~86°,of which the Federal Gover~nt ~lll.provide $~,0]1~7. In cash, O~ the Clty.s one-third share of the co~t, only ~0,0~1, or 1.9~ oF its need be In cash as the c~tt~l l~p~ve~nts contacted by It ~11 cover the remal~er. ~ese a~ estimated at $9~,~6. T~ C~ty~s expe~ltures ~ay be itemized as follovs~ E~tln~ted E~cnditurea b~ the City Item Total Est~sted Coat Credited 1. Water distribution system in project area $ ~6,000 lO0 $ 2° Improvement oF Second Street 43,790 50 21,89S 3. Lucy Addison HtEh School 1,61~,610 33 1/3 ~38,203 ~. New Elementary School 375,000 100 375,000 5o Addition to Ollmer Ave° School Playground 35,000 30 10,500 6. City-owned land donated to project ~,250 100 h,250 7' Cash £rant Total ~ 100 It w111 be noted that of the 10c~1 g~ants-in-aid totalling $1,015,9P9, only $92,226. is directly attributable to ~he project. These consist of the new water distribution system, ~he improvement o£ Second Street, the eight parceIs of vacant lend new owned by tho City in the ~roJect area and the cash grant. The new Lucy Addison Junior High School, the proposed new elcnentary and the addition to the Gilmer School playground are all needed improve=ants ~hlch probably ~lll be constructed whether or not the redevelopment project is carried out. In return for its investment, 84 acres of slum and blighted areas will be cleared and the land put to productive use° It is cormervativaly estimated that the present property tax yield of approxim~tely ~29,o00. in thc area will be Increased 250~ ~hcn the land is redevelo~ed, exclusive of the I1 acres to be ressrved ss the site proposed for the Civic ~uditorlum the enlargement of the ~chool playground. I sincerely hope you will find the Infor~ation given clear and underetandable, however, if there are any queetlons I will be only to happy to discuss them with you. Respectfully yours, (Signed) Richard L. Beck Executive Director" After a dlscu£sion of t~e matter, it being pointed out that the Roanoke ~e~l Estate Board has also requested lr~fo~mation as to the estimated costs of the project }~. ~oody moved that the comz~un~cetfon be taken urger consideration for stud/ when the report of the City Piercing Commission is received and that a copy of the tion be forwarded to the Roanoke Reel Estate Board for its information. The motion seconded by Mr. Waldro~ and unanimously adopted. In this connection, Council at its last meetIug having taken under consldera- tion the request of the Commonwealth Cltizens Association that since there has been c~zpleted pla~ available to the cltlzens of the area involved and it Is tmpossibl~ for them to accept the plan as proposed that the body refrain from voting until cltlzens have had a fair and impartial hearing on all aspects of the completed plan, the President, Mr. Webber, brought to the attention of Council a subsequent cormuunlc~ tlon from the Co=nonwcalth Citizens Association, advlsiz~ that a small committee of cltizens In the affected area has ncw been pe~mitted to view the co~pleted plan a nd urging the body to re~ect the proposed plan and enforce the Housln~ and Hygiene Ordinance and inspection laws of the city instead since thc commleted plan will caus~ many more hardsh~s than previously ant~cipated. .:252 On motion of Hr. Yaldrop, seconded by H~o Woody and unanl=ously adopLed, t he City Clerk was instructed to notify the Commonwealth Citizens Association that the public will ba given an opportunity tO be heard before Council before any definite action is taken on the proposed plane REPOR~S OF O~FICER$~ STORM DRAIN$I The City Manager submitted the following report, with referenc to a request for the lnstallatlon of a storm drain between Twenty-sixth Street and Twenty-seventh Street, S. W., and Crystal Spr!ngAvenue and Hosalind Avenue: "Roanoke, Virginia Jun~ 1, 1953 To The City Councll Roanoke, Virginia Gentlemen: Du~ln~ the past severe1 weeks, I have had some correspondence.wlth e citizen concerning the need for a drain between 26th Street and ?Tth Street and Crystal Sprln~ Avenue and Rosalind Avenue which, for the seke of sl~pltcity, traverses n~rth s nd s~uth at the rear of the Crystal Sprin~ School° I am attaching hereto the following letter which I have been requested to hri."~ to your attention for disposition: 'Hsy ~7, 1953 Mr. Arthur b. 0~ens, City Msneger City of Roanoke Roanoke, Virginia Dear ;~. Owens: Thank you fcr your letter of May 16, and in reply I wi~h to may that since you are the City Manager a:~ recognize the need which I expressed in .~y letter to you regarding the dralnsge between .~f propert and the Crystal Spring School, I sugfest that you call this mmtter to the attention of the City Council rather than have me do so. It seen~ that thi~ sort of proble~ ~hould co.~e under your Jurisdiction rather than have the citizens do it. You state an ~nount of $2,000 would be necessary for this, and I don't think youcould spend this money for any better purpose° YOurs very sincerely, {S~gned) C. B. Houck' I find it difficult to single out one drain a~ ask for an approprlatIo~ I$ seems equitable to mm to suggest that you consider this, along with others, in ycur 19~4 budget deliberations. Respectfully submitted, {Signed) Arthur S. Owens City Manager" )~. Minton ~oved that Council concur in the report of the City Manager and that the mmtter be referred to 1~4 budget study. The motion was seconded by }~. Young arfl adopted by the following vote: AYES: Messrs. Minton, Waldrop, Young, and the President, F~. Webber---4. NAYS: None ................ O. (Mr. Woody not voting) STRFETS kND ;LLEY$: A petition signed by four property owners, asking to cor~lete the grading and graveling of ¥irglnla Avenue, N. W., between Van Buren Street and West Side Boulevard, having been referred to the City Manager for study, report and recommendation, he submitted wr~ltten report that the city will nein%aln this street under the usual program as provided by Ordinance consistent with the available fur~s. After a discussion of the matter, the City Msmmger explaining that curb and will have to be installed before the street in question can be graded and an/ that he has had some temporary improvements made which he hopes will be satisfactory, Mr. Woody ~noved that Council concur in the report of the C~ty Manager. motion was seconded by M~. Minton and unanimously ~dopted. STREETS AND ALL. Sc A co~unication from H~eo Eo R. Nichols, aekin~ the cit~ to black top Round Mill Avenue~ N. ~o~ betueen Bowman Street and Chath~ Street, ha~ ng been referred to the City Hanager for study, report and recom~endation, he ~ub~tted ~tten report that there ~e n3 fu~$ in ~ls ~ea~s budget fo~ the pavi~ of this street ~d that he ca~ot ~eco~ that the city ~ln~le out o~ ~treet ffo~ special t~eat~ent, but that he ~111 l~lude ~t In tho city's usual mal~ten~ce On ~otion of ~. H[nton~eeconded by H~. ~aldrop a~nl~usly ado~ted~ the m~tte~ ~ss referred to 19~ b~d~et study. TUBERCU~SI~ S~ATORI~ Cou~ll haTinE previously had unde~ consideration several offer~ ~ ~nt f ~ land at Coyne~ SprinEs, a~d h~lnE at its last meet~nE refer~e~ the offfera back to the City Ha~e~ to ~ke a deflate reco~end~t~on~ he submitted the follo~in~ report~ ~Bo~noke~ Virginia June 1, To ~e City 6cuncil ~e following lette~ f~om the Dt~ectoP of ~ubllc Welfare Is concu~d by 'M~y 2~, 1953 Mr. Arth~ S. Owens C~ty Manger ~n~c~pal Building Roanoke, V~rg~nIa Dear Mr. Owens: P~suant ~o our conversation of th~s date, I ~ould make the following reco~e~at~ons ~n regard ~ the rental of the property at Coyner ~1) I ~uld lease ~e p~per~y t o the h~ghest b~dder, whether ~here ~s one or more, un,il Apr~ 1, 195~. My ~ason ~or th~a suggestion is that the season ~s well advanced. I~ would taka some ~me to ~ork out a long tera lease covering the period of three om ~ome years and I would lease ~t ~o~ ~atevem it would brXng until April 1, 19~. (2~ Between now and April 1, 1954, the C~ty should draw up de~n~te spectf~cat~ons as to how they wXsh to lease th~s property, advertise their specifications ~n the ~wspaper at ~east s~x weeks or two months prior to April 1, 1954, a~ then lease on a three-yeam bam~ the pro~e~ ~y to the h~ghest bidder. To lease th~s proper~y to the beet ad~ant~e, I th~nk ~t will be necessary t o let someone have ~t for a per~ of ~hree yeams at least. My reasonI~ ~or this state~nt Is that a person cannot a~ford to ~nve: Xn clean~up the land, reseed~g the alfalfa, ~d top dressing the past~e and alfalfa unless he ~s a reasonable oh, nee o~ getting h~s =oney back over a period o~ t~ee years. Most lessees would nrefer a fXve-year lease; h~ever, I ~ of the open,on thab three year~ would h~ to ~e best advantage of the City. Therefore, I would def~nitely reco~end that next Mo~ay, June 1, the C~ty lease th~s property to the highest b~dde~ for the per~od June 1, 19~3, to April 1, 1954. Respectfully y~rs, (S~gned~ J. H. Fallwell Director o~ Public Th~s la In fumtherance of a co~eerence ~e had last week concerning the rental o~ proper~y a~ Coyner Sprigs. RespectFully submitted~ ~S~gned) Arthur S. Owens C~ty Manager" In th~s con. crOon, the C~ty Manager advised Council that ~. R~chard B. Jeter has m~e a third o~fem on the s~me bas~s as h~s second offer, except that he Xs agreeable ~o a ~hree-~ear lease In l~eu o~ ~he five-year lease re~ested In h~s seco~ offer. After a discussion of the matter aa to the date of any lease to be entered into, the length of the 1~ asa and ~ilether or not the lease should contain a recapturl clause, and it appearing that neither of the parsers submitting offers is willing to accept a lease on a yearly basis, Hr. Woody moved that all of the offers heretofore eived be rejected and that the City Ranacer advertise for bids under such t~rms and conditions aa he shall deem advisable to the beat interest of the city. The motion was seconded by Hr. Young and unanimously adopted. AIRPOBT: Council having previously authorized and directed the City Homager to execute and submit, for and on behalf of the city, a formal project ap~licatlon for ~2S, OO0.OO of Federal aid for certain work at the Roanoke Runicipal Airport consisting of' the relocation ~ renovation of the old Administration Building, providing access apron at the relocated building, providing a paved access road to said building, providing an additional concrete apron and sealing portions of the i~.runwsy and taxi-way system, and having authorized ar~l directed the City Attorney to i approve said project application ss to form, and having authorized the City Manager ito execute and accept any grant offer that ml~ht be made pursuant to the project ~pplication, upon approval thereof by the City Attorney, the City Manager submitted written report, together with a communication from Mr. Joseph W. Matt, Jr., District Airport Engineer, enclosing six copies of tbs grant offer as ap~roeed by the Ad~inlstrstor of the Civil Aeronautics Administration; ~flereupon, Mr. Minton offered the follo~'lng Resolution: (~11~26) A RE$OLU2ION adoptln~ and approving the execution of a Grant Agreeaent to be su~Itted to the Ad~aintstrator of Civil Aeronautics, U. S. Depart.m. en of Co~=erce, to obtain Federal Aid in the development of Roanoke Municipal Airport, (}:oodru~ Field); and providing for an emergenoy. (For full text of Resolution, see 0rdlnmnce Book No. 19, Page ~L~. Minton ~oved the adoption of the Resolution. The notion was secor~ied by Ii~.~ Waldrop and adopted by the follo~ing vote: At~S: Messrs. Minton, Waldrop, Woody, Young, and the President, Mr. NAYS: None .............. from AIRPORT: The City Manager hav~ng previously submitted to Council an offer Mr. Edd Sharpe ~nd Mr. C. R. Adcock to sell to the City of Roanoke a portion or Ilall Buehong and laralylng on the north side of of the Airport Road the Estate the fronting the Coulter Farm, for runway extension at the Roanoke Municipal Airnort, i[and the matter having been referred back to the City Manager for the nurpose of iia~certalnlng from lhe proper authorities definite information as to which runway a t ~[the Airoort should be extended, and how rn~ch, in order that four motored and Jet propelled aircraft might land arxi take off with safety, he submitted the following co~.~, nicatton from the City Engineer: "CITY 07 ROANOKE INTFRDEPARTMENT C0)2{UNICAT ION DATE: June 1, 19~3 TO: Mr. A. S. Owens, City Manager FROM: Mr. H. C. Broyles, City Engineer For some time, a proposed change in the Master Plan at the Roanoke Municipal Airport has been under discussion with CAA officials. This change involves the proposed extension of the northeast end of the northeast-southwest runway to provide for ultimate 5~00 feet of paved area rather than the extension of the east end of the east-west runway. This charge has been brought about due to the fact that the extension of the northeast-soutwest runway will better meet aeronautical requirements. ~hls runway will provice better gliding approaches and will lend itself for great length than will the east-west runway as referred to above. The acquisition .of land required for the rur~ay extension will be much less than to extend t east-west runway, Attached hereto is a print showing the proposed extension of the northeast- southwest runway~.showiug in various colors property to be acquired for th~s project, In red is approximately 16.3 acres in the name of Mary Elba Coulte which lies to the west of Virginia Route 118. In blue, lying to.the east of Virginia Route 118, ia approximately 3~.5 acres in the name of L~le Clay Bushong and Js~es ~. ~ushong. In yellow~ also lying east of Virginia Houte 118 mud i~mediately south of the Bu~hong property, is approximately 6,1 acre in the name o£ Bessie Inez Nlninger. The City officials have teen contacted by re~resentatlves of the ~ushong tra in rezard to subdivision cf this property. 'lhe Bushongs are very anxious to brirg this matter to a head in order that they may dispose of their property either by subdlvidlr~ or through sale to the City for that part of the pro~ necessary for the exiension of the runway, . This office and the Airport Manager have worked very closely with CAA off ici in regard to the extensicn of this runway, and It is our mutual feeling that it will be to the best Interest of the City and to the Airport to char[e the Master Plan and take other steps whlch will eventually lead to the extenslou of the northeastoscuthwest runway." With further reference to the rmtter, th~ City Manager suYmitted the follow- lng report: "Roanoke, Virginia Jane l, 1953 To fha City Council Roanoke, Virginia Gentlemen: I presented to you on May 18, 19~], the Inforn~tlon that Messr~ L. C. and J. W. Bushong, of Colfax, Louisiana, had submitted to the City an offer, through Mro Edd Sharpe and Mr.~. R. Adcock, to sell to the ~ity ~? acres of land, ~cre or less, ly!ng to the northeast of Route 115 for $?O0.O0 Fer acre for the entire tract or for ~l,O00.O0 yet acre if we purchase only ~0 to ~ acres. This property would be used for ~unway exte~Ion at the Airport. I would like to present a nec to you, shewl ng the proposed plan and the land necessary for the eate:~ed runways. Your attention is invited to several facts: 1. The offer cowers only the property owned by °ushon~s and not the Coulter prcperty. ~. Slnce the City would have to relocate the rood, it ~uld be wise to secure as such land as possible for the necessary relocation propos£~s as well as the possibility of recouping some of the cost by the sale of h!ghw~y land. ~. I have been advised Infor~mlly by the £1vll Aeronautics Administra- tion representative that an additional $?0,000.¢0 is available for land If the City elects to go ahead wlth thi~ proposal. If Co, nell decides to take any steps In this ~atter, I lnvfte your attention to the l=peratlveness of expeditious action as the deadline is June ~0, 19~]. Respectfully su~-ultted, (S!gned) Arthur S. ~wen~ City Manager" After a discussion of the question, Mr. Woody ~oved that the matter be referred back to the City Manmger to negotiate for the ~axi~un amount of federal ~nd state aid the city can obtain for the purchase o£ land for runway extension at the Airport. The motion was seconded by Mr. Waldrop end unanimously adopted. STREETS AND ~LLEYS: The ¢lty Manager submitted written report, together with draft of an Ordinance prepared by the Assistant City Attorney, providing for the acquisitlon of certain land for street widening at the intersection of ~llllar~on Road and Preston Avenue, N. W., w ith the rece~mendation that the Ordinance b e adopte Mr. ~aldrop ~ved that Council concnr in the reeo~endatlon of th~ City Manager and offered the following emergency Ordinance: Y Is 256 (~118~?) AN ORDINARCE providing for the acquisition of certain land for :street widening at the Intersection of Williamson Road ard Preston Avenue, N. and providins for an emergency. (For full text of Ordinance, see Ordinance Book No. 19, PaSo Pa'. Waldrop moved the adoption of the Ordinance. The motion wes ieconded by Hr. Young and adopted by the follovln6 vote: AYFS: Hessr$. Hintonm Haldrop~ Woody, Youngm and the Presldent~ Hr. Webber-5 NAYS: None ........... SE%F~H CONSTRUGTION= Council having referred the request of Messrs. Rnglieh Showelter and Allen W. Staples, Attorneys, representing Hrs. Jean W. Staples and HlllianWatts, that the city extel~ the outfall sewer line on Watts Avenue, R. along Lick Sun a total distance of 1~000 to l~aO0 feet, in order that a sewer line to be constructed through e portion of the-~atts estate can he cormected thereto and thus serve homes to be erected in the ares, back to the City HarmEer for tho purpose of negot!atln~ with the ~atts Heirs for the donation of that portion of the ~att$ cstate between Alview Avenue, projected, Watts Avenue, p~oJected, and Street, projected, for park purTosea, and for the purpose of ascertalnin~ whether ;~not a subdivision plat of any portion of the ~atta estate has been submitted, and recorded, he submitted the following report: "Roanoke, ¥1r~inie June 1, 1953 To Tha¢Ity Council Roanoke, Virginia Gentle~en: You referred to me cn May 18, I?~S, in y~ur File ~R?, a request l.lr. English Showalter that the City extend an cutfall se~er on ~atta Avenue along Lick Run for spproxlm~tely 1,O00 to 1,200 feet in order that a sewer line to be acnstrueted through a portion of the ~atts estate can be connects thereto. I would like to re~ort the 1. There is no map on record concerning this p~o~erty at- the present time; and Mr. Showalter advises m~ that it could not be recorded until P. No provis~on la made for granting or sale of p~k property adJecent to Lick Run. Respectfully submitted, (~Igned) Arthur S. Owerm City Manager" Ina discusalon of the matter, the City Marmger stated that he feels the extension of the outfall sewer line by the city in the present instance would be an exception since It would be servinC only one particular property, but that on the ]]other hand it is an Interceptcr llne which will be useful to the city as the years iiEo by, so it is hie reco.?..endatlon that the c ity pay one-half of the cost and that the p r~pertI owner pay the renalninE one-half. At this point, Mr. Showelter, who wes present at the meetlnE, stated, that ! Watts Hairs are wlllir~ to do ~hat is right, but that lb la their understanding it h~ been the past policy of the city to extend curia11 sewer lines at no expense to the property owners, }ir. ahowalter polntlnE out that the property in question is dlrectl in the path of the future extension of the m~tfall sewer line to serve the northwest In a further discussion of tb.e matter, Mr. Showalter explained that a sub- division plat of the portion of the Watts estate proposed to be developed cannot be submitted, approved and recorded until arranue~ents are made for the construction of a. sewer line to serve the area, Mr. ~howalter stating that a subdivision plat of the :der of the estate wlll be submitted as and when each portion is developed in i thab a plat the entire estate would in all probability have to be revised in ~utu~s years due to char~ea which wc~ld be desired when the tl.,~e came to actually develop the land. AFter a further discussion o£ the matter, the City Manager pointing out that there are no funds available in the budget for the above project, and Mr. -~howalter assuring Council that at least Fifty homes will be erected on the above portion of the Watts estate within one year if the city appropriates funds for the extension of the outfall sewer line, and the City Harmger statln~ that he feels it is equally the responsibility of the city and the ~roperty owner to bear the cost of such an extension, and Mr. ~houalter stating that it ts his und.er=tandlng it ia the responsi btllty of the city to exter~ outfall sewer lines as a function of the city governmer, Mr. Young moved that action on the question be deferred until the next regular meett of Council, and that in the meantime, the City Manager deters, the ~hat has been the policy of the city for the past five years with regard to the extortion of outfall sewer lines. The motion was seconded by Mr. Minton end unanimously adopted. THAFFIC-CITY PR.-.OPERTY: Council having previously taken under consideration a request from the Memorial and Crippled Children's Hospital for use of city propert designated as Official No. 1041002, located on the west side of Jefferson Street, south of Roanoke River, eot additional parklng facilities, the City Manager sub.~itte ~'rltten report, tggether with an offer from Dr. Andrew D. Shapiro, Dr. Rufus P. Eliett, Jr., Dr. G. E. George and Er. Richard R. Lo~-e, Jr., for the purchase of the land at a consideration of ~19,hO0.O0 cash, to be used as a located for the offices of doctors, dentists and kindred lines. After a discussion of the matter, the City Manazer sub=itted verbal recommo~ tlon that the offer be rejected, Mr. 2cody moved that the question be taken under advlsem, ent. ,~he motion ~-as seconded by Mr. Your~ and unanimously adopted. STREETS NA~S: Tho City Manager subr~tted written report that Mr. Richard R. Quick has asked that a PS-foot unna~,ed street extending, westward from the north- westerly termination of Se~'cll Lane, S. W., for a distance of ~56.88 feet to a dead end, adjacent to Lots 3-B and 3-C, Block 1, Forest Hill Map, Official Nos. 1360101 and 1360125, be designated as Hidden Vle~- Road, S. W., the City MarmEer suggesting that the street be named a:cordlngly. Mr. Waldrop moved that Council cor~ur in the suts~estion of the City Manager and that the following Ordinance be placed upon its first reading. The motion was seconded by Mr. Minton and adopted by the followir~ vote~ AYES: Messrs. Minton, Waldrop, Woody, Young, and the President, Mr. Webber- NAYS: None ......... O. (#11828) AN ORDINANCE designating a ?5-foot unnamed street extendlr~ westward from the north~'esterly termination of Sec'ell Lane, S. W., for a distance of 256.88 feet to a dead end, adjacent to Lots 3-B and 3-C, Block 1, Forest Hill Map, Offlclsl Nos. 1360101 and 1360125, as Hidden View Road, S. W.; dlrectln__~ the recordation of na.-~9 of said street on present and futu.-e tax plats in the office of the City EnEIneer; and dlrectln~ that street signs hereafter erected shall conform accordll~ BE IT ORDAI2,ED by the Council of the City of Roanoke that a 25ofoot ur-named street extending west';ard from the northwesterly terml.~atfon of Sewell Lane, S. W., 257 '25S for a distance of 256.88 feet to a dead end, adjacent to Lots 3-B and 3-C, Block Forest Hill Map~ Official }{os, 1360101 and 1360125, be, ~nd ~e ~m~e la hereby designated as Hidden View Romd~ BE ~ P~T~R 0~I~ that the City Engineer be, a~ he Is hereby directed to record the n~e of said street herein provided for on present a~ future tax plat filed In his off~ce, a~ that street signs hereafter erected shall co~eor~ accor~i~ The Ordinance hav~n~ been read, w~ lald over. DEFANT~IC OF ~UBLIC WE~E~ ~he C~ty Ha~ger submitted written report from the Department of ~bltc Welfa~ for the month of April, 1953, ~ho~Ing 1,;t89 cases handled at a total cost of ~O,~28.35, aa conpared with 1,~91 cases ha~led at a total cost of ~5~,091.1~ for the month of April, 1952. The report was filed. E~CT~ICAL I~PECTOR: The City Manager submitted written report f ro~ th~ Electrlcal Department for ~e month of May, 1953. The report was file~. CIT~ ~: ~he City Manger submitted written ~port for the re:nth of May, 1953, shbwX~U the collection of all revenue an~ repalrs made at fha Nelson Street Market during the m~nth. The repor~ was filed. DEP~TI~ OF PUBLIC ~,f~F~E: Yhe City Man~geP ~ubmXtted speclal ~itten r~ports covering the expendables an~ actlvltXes of the DeFart=ent of Public ~felfare durln~ the month of April, 1953, In compliance wi~h Sections 63-67.1 and 63-67.2. Code of Vfrglnls. ~,e reports were filed. DELIN~UEr~ TA~ DEPARTMent: ~xe City Mansger submitted wrltken report, fng Council of the death of ~[lss Margaret V. Wltt, Acting Deli~uent Tax Collector. The ~ity Manmger advising Council that h~ fs ~ItX~ a letter of sy~pa2hy to ~_~e ~ family of M~ss E'itt, the report vms filed. Bb~G~-PEHSIONS: The City Manager su~tted ~ritten ~port that it will be ~Retlre=ent Syste~ ~dget to F. I. C. A. Contributions Xn the Permior~ en~ Gratuities to Former Employees budget to cover the e~ployer's contribu~i?n for Social Security the City Sergeant a~ his employees;whereupon, 2.~r. ~Joody offered ~he follo~1~w emergency Ordinate: (~1t829) AN O~INANCE to ame~ and reo~a~n Section ~13, "Pe~1o~ and Gratuities to For~er ~ployees", a~ Section ~1~$, ~pl:yees' Retirement System", of the 1953 Budget Ordinance, an~ provid[~ for ~n e~ergency. (For full text of Ordinance, see Ordlnmuce Book No. 19, Page 378.) ~. ~oody moved the a~ption of the OrdXn~ce. 'The motion was seconded by ~. Waldrop and adopted by the follow~g vote: A~S: Messrs. Minton, Waldrop, Woody, Young, a~ the President, Mr~ Webber-5 N~S: None ............ B~3~-DELINQUE~ T~ DEPART2~: The City ~ger submitted the follow1~ report, with reference to che~es in the Delinquent Tax Depart~n~ eRo~oke, Virginia June 1, 1953 To ~e City Council Ro~oke, Virginia Gentlemen: In our 1952 Budget, we carried the Delinquent Tax Collector's salary as ~,1~0.00. ~en this position was abolished, there were two salaries left for clerical help, one at $-1,060.00 and one at $2,520,00, which you rill on Fege 1-1 of' the 195.1 Budget. In ~y opinion, the York la too ~duous and dea~din8 on our eaployeea{ and, tbe~Fore, I bvl~ to youv attention the need for sufficient salary to employ a ann In this office as Delinquent Tax Collector. I ~ould reco~e~ the follovl~ 1, Provlalo~ be ~de fo~ a sala~y of $~.8~0,00 plus {300.00 ~lo~nce for an auto.bile. · I believe the person chosen for this position should stay o~t oF the office a co~iderable m~ount of time, m~lng Important tax collections For the City. 2, The present salary off the Clerk to remain Respectfully su~ltte~ ~Stg~d) Arthur S. Owe~ City H~. Young moved that Council concur tn the ~eco~e~atfons of the City Hans,. a~ offered the follo~in~ emer~e~y Ordln~ce, it ~[~ pointed out that only the $~00.00 Transporation Rxpense ~Ill be needed Fo~ the balance of the (~118]0) AN 0~[~[}~E ~ ~end a~ reo~daln ~ection [9, "Delinquent Tax Collect~", oC the 19~3 Budget 0rdlns~e, ~d providin$ for an (For full text of O~dinance, see 0r~insnce ~ok No. 19, Fsge ~. ~oun~ moved the ~opti~n of the Ordinance. The m~tlon ~as s eco~ed by }~. ~ody and adoFted by the follo~lr~ voter A~S: Messrs. Minton, Waldmp~ Woody, Youn~, and the Fresident, }ir. Webber-~ NAYS: None ......... O, R~OHTS 0P WATE~ DEPART}~h~: The City Manager submitted w~[t~en report, tofethep with the followl~ report from the committee appointed to neEotta~e with ccr%aln own.ms of existing small water distribution systems to obtoln written offers whereby ~e c~ty may purchase certain of sa~d syste~m, ~lth reference to the purchase of the water system operated by Mr. J. O. Plunkett ~n the Garden C~ty section: "May 28, 1953 Mr. J. O. Plu~ett 3523 Garden City Boulevard, S. E., Roanoke, V~rgln~a Dear Mr. Plunkett: The u~erslgned, constituting a majority of the come, tree heretofore appointed by the Council of the C~ty of Ro~oke to negotiate w~th you for the purchase of ~he water system you are presently operating ~n the G~den C~ty section, and ~tch at one t~me served approx~tely 210 cus~o~rs, w~ll reco~e~, If such reco~endmt~on ~s acceptable to you, to s~d Council that ~e C~ty pay $21,200.30 in cash for sa~d system, upon the following cond~tiohs: 1. Th~s offer ~s m~de for a completely ~rkable water d~str~but~on system and conte~lates the transfer of a ~rfect and unencumbered title thereto, excepting only the spr~ng y~ are presently rent~ng a~ your well located on the sou~h s~de of Ray Road at the rear of 0ff~c~ Tax Lot No. 4290212, each of ~ch constitute a p~t of youm source of supply. The offer contemplates, however, ~nveyance the City of the 40 x 30 foot lot located on the south side of TXpton Street, being Official Tax No. ~300111, on ~ch a second well situated, ~d ~he pump a~ other equipment used in co~ect~on there- w~th. 2. The offer, of course, contemplates the conveya~e of reT~fs~te perpetual easemmnts through all private p~per~y ~n which any of your dlstrlbut~on mains are now laid. 3. The C~ty shall not as~ne your lease w~th the owner of the spr~ng above referred to or any part the~of; nor any other contrac~ or agreements u~er which you may be obligated. ~ You sh~ll covenant a~ agree: (a) Not to persormlly engage in the water business, ~n any ~nner · ~a~soever, ~ncomoot~on with the City's Wa~er Dep~-tzent, for a period of f~fty' ~50) ye~s; and 259' 260 (b) The real estate on Ray Road (Orificial Tax No. ~29021~) upon which your veil is situated shall be encumbered~ by a covenant minning with the land~ In such ~nner that thc waters from said well shall never be used in competition with the City's ~ster Department, ~, The City shall take title to the syste~ as crt June 1~, 1953, but you shall operate the ea~e at your eat ire expense and collect all water rents due through June 30~ 19~35 but not thsreariter, . 6, ~l~e City shall pay you thc tmrchase price ~ri $~1,200,30 upon deliver to the City crt a deed~ In ~uch form as la approved by the City Attor con?eying unto the City the uater distribution syete~ as hereinabovs contemplated, complete and workable and fre~ of all liens, encu~bran and obligatlons whatsoever° If the recommendation as herein contemplated Is acceptable to you, we request that you sign the original o£ this letter as evidence crt your agreement to sell the City said syste~ upon the terms and conditions heroin stated. Respectfully, (Signed) A. S. Owens City Manager · (S~ned) Harry R. Yates City A~dltor 0£ the Co~Itteee The reco,~mendattons contained here inmbove are acceptable to me and, If they are approved by the Council o£ the City of Roanoke, I hereby agree to sell the City my sold Water Dtetr~butlon System upon the term~ and conditions hereinabove stated. (S1Fned) J. O. Plunkett (SEAL) It is common knowledge that I have the greatest respect for the inte£rf sincerity and ability of my co-co=mltteemen. Further, I do not question the sincerity of the arguments, made before the Com+~tttee by the owner end his attorney, purporting to show that this ayste~ is of great value; more, perhaps, to Mr. Plunkett then to the City. I, therefore, genuinely regret is concerned. I cannot do so for the followlr~ reasons: ~a} No portion of ~e system Is adequate for other than most ter~porary use by the City. (b) In proportion to value, to the City, the price recm~r~ended is considerably h~gher, In my judgment, than that recommended by the Co~Ittee and pald by the C~ty for the purchase of any other small water company. (c) Custom_ers of ~s co,any appear far more dissatisfied with the services heretofore ~nd presently rendered them than d~d the custo~ of any other system purchased by the City. (d) Upon acquis~tlon of ~e syste~, by the City, all present custom, rs thereof ~ed[ately become customers of the City. Acco~ngly, the City ~y be u~er a metal obligation to pay the coats of necess~y connection and installation cha~es a~ in my opinion m~y such changes w~ll be found necessary. (e) In my opinion the system Is worth little, if ar%-, more than $15,000.00 to the City. (Signed) Ran G. ~%ittle O!ty Attorney, of the above Mr. M~nton ~oved that the mmtter he taken u~er consideration. ~e motion secor~ed by Mr. Waldrop and urmn~mously adopted. T~: Council having previously received ~e cc~le~ report of the Tax Study Co~lttee and havi~ agreed to hold extra ~esm~ons to consXder s~me, a co~unlcation fro~ Mr. Eormls L. Masinter, Cha~ o* ~he Tax Study Co~ttee, ad~sing that since sub=~tt~ng the complete report he has been ~quested by Mr. Job~ W. Boswell to submit to the body for ~ts consideration a sub-con,tree report which Mr. Boswell filed wl~ the Tax S~udy Com~ittee on June 5, 19~2, but ~ch was not incorporated An the general report of the co~tee, was before Council M~. Ycung moved that the report of the eut-commlttee be received and filed for further consideration at the extra sessions of Council. The mctlcn was seconded by M~. Woody and unanImouely adoFted. U~fFINIS~L~D BUSII~SS: RECREATION DEPARIMFh~$ Council herinE previcuely taken under consideration t! request of the City Hanager that Resolution No. 79~3. authcrlstnS end d!rectlr~ the City Auditor to draw warrante £rcm funds appropriated for ~alsry. Umpires, otc., in cordance with schedule of =slaty, u.-~.Iree, arco, dated the 9th day of October. 1%1 be repealed, the matter wee again ~efore the body. Hr. Hlnton moved that Council concur in the request of the City Manager and .flared the follc~!ng Resolution: ' (~11531) A R~SCLUTION to re~eal a Resolution ad:pied by the Council of the'1 :lty of Roanoke, ¥1rg~nla, on the 9th day of October, 19~, No. 79~3, entitled, Resolution dlrestlnf the City Auditor %o draw %~rrants fron funds] approFrlated for ~Salary, Umplrea,'etc.'~ es shown in the Recreation Department Budget for the year 19~$, in accordance with sch,dule of salary, umpires, etc., the off{ce'of the CYty Clerk." (For full text of Resolution, see 0rdlnance Book No. 19, Page 379.~ moved the adoption of the Resolution. The mo%ion wa~ seconded Minton Mr. Woody and sdcpted by the followlm~ vote: AYES: Messrs. Minton, Waldrop, Woody, Young, ar~ the President, M~. Web~-r-~, NAYS: None ........... 0. OFFICE HCURS-CITY ~[FLOY~S: Council having taken under advlsenenf draft of an Ordinance, estah~sh~ng a five-day work ~ek for city employees, the matter was again beforn the body, the City Clerk presenting a new draft of 0rdinmnce as prepare~ by the City Attorney, providing for a five-day ~ork ~eek for city e~.ployees durlng t~e months of June, July and August of each year, with ne change in offlcehours for the five days; whereupon, the President, Mr. Webber, relinquished the Chair to the Vice President, Mr. Woody, and offered the Following e=ergency Ordinance: (#11832) AN ORDINANCE to cuend ar~ reordatn Section Il, of Chapter 7, o£ the Code cf the City of Roanoke, in relation to office hours and holidays, es ~.~ended by 0rd~nance No. 8953, adopted by the Council on the 24th day of February, 1947; end providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 19, Page 380.) Mr. Webber moved the adoption of the 0rdinence. The motion ~as aeconded by ¥~. Young and adopted by the following vote: AYES: Messrs. Minton, Waldrop, Webber, Young, and the Vice President, Mr.' Woody ..................... 5. NAYS: None ........ O, At t hie point, the President, Mr. Webber, resumed the Chair. CONSIDERATION OF CLAIM~: J~ENILE Ah~ DOmeSTIC R~-V.F, TION$ COU?T: Final action on the request of Dodson and Pence, La~ Firn, that the City of Roanoke reimburse Mr. Jack Johnson in the of $2~0.00, ~$overir~ his earning capacity for six weeks of the sixty days he served of a ninety day sentence, without a trial, having been deferred until Mr. Johnson's has been tried and disposed of by the Juvenile ar~ Domestic Ne!ations Court, at 26' 262 which tee the probation officer har~lir~ the case is to be requested to ~ppea~ before Council for a further explanation o£ the facts, Hr, Youn~ stated that it is his understanding the csss has now been dispose~ of, At this point, Hr, Raymond P, Stultz, Clerk of the Juvenile and Domestic Relations Court, who was present at the meetir~ statir~ that the Court takes the position that Er. Johnson was. tried o~ January 12, 195], that he was found 6ullty of disorderly conduct, that he wac given · sentence of nir~tydaya in ~all and a fine of $~,00 sad cost, that after servln~ spproxl~ately sixty days of the sentence he returr~d to the Court on ~arch 1]~ 19~3, and released, and that the balance of In this connection, ~essrs. E. Ortfflth ~odson, Jr., and Jack b. Coulter~ Attorneys, ~ho ~ere also present at the meeting, stated that their client takes the position he has not been tried, Mr. Oodson polntir~ out that after servlr~ sixty ~ays of the ninety day sentence Nv. John£on ~as entitled to his release because of !good behavior, therefore, he has served full time. With further reference to the ~mtter, ~r. ~od~on exhibited cory of a stateme signed by ~r. Johnson and addressed to the Judge of the Juvenile and Domestic Helsti~ Co~rt, acknowledging that ho hsd not been tried and ask!nc to be released. Mr. Stultz then exh~bited copy of the order for Y~. Johnson's return to the Juvenile and ~omestic Relations Court. Council indicating !ts desire for a clearer understandlr~ of the fact~ in i;the case, ~r. koody moved that action on the =attar be deferred until the next regul meeting of the body and that the Judge of the Juvenile and Domestic Relations Court ilthe handltr~ ca~e requested to be present at Clerk and the probatlcn officer the he ilthat time. The motion was seconded by ~. Waldrop and unanimously adopted. 1ETRODU£TICN A]~ EONS~r.F_-~TION 0P ORDi~I~CES ~'3,,.~ RESOLUTIORS: i! SALE 0P FR0~ERTY: Ordinmnce No. 11819, provfdir~ for the sale of Lot 16, !iBlock 3, ~. Y. H. ~lller ~ap, Official Tax No. POLO316, by the City of RoanoPe to ,ib!orton Arrlr~ton, at a net consideration of ~200.00 cash, having previously been before ouncil for its flret reading, read a.~ laid over, was again before the body, I~ ~r. Young offering the follcw~ng for its second readinE and final adoption~ (#11~19) AI~ 0P~il~ANC'E providfn~ for the sale of Lot 16, Block 3, S. p. R. N!l]er ~ap, Official Tax No. 2010316, by the City of Roanoke to ~orton Arrlngton, st net ccnsIderstton of ~200.00 cash and authorizlr~ the execution and delivery of a deed therefor. (For full text of Ordinance, see 0rdin~ce Book ~o. 19, Page 37~.) ¥~, Young me,ed tbs adoption of the Ordinance. The m~tion was ~ eccnded by Er. Waldrop and adopted by the following vote~ AYES~ ~essrs. ~fnton, %aldrop, Woody, Young, and the President, Kr. Webber-5 NAYS: Nor~ ......... 0o SCHOOL BOARD: ~ne CityAttorney hay!nc been requested to prepare a Resolution accepting the resignation of Nr~. J. Kirk Ring as a mer~er of the Roanoke City Board ~nd expressing the thanks and appreciation of Council to Ers. Ring for the services she has rer~ered as a ~m5er of the School Board, he presented same; ~eveq Fr. ~inton offered the followYng Rerolution~ (#11833) A RESOLL~!0N accepting the resignation of ~rs. J. Kirk Ring as a ~rustee of the Roanoke City School Board and extendtn~ to her the thanks and appreci tlon of this Council for the capable and conscientious services she has rendered her City as a Trustee of sald Board. (For full text of Resolution, see Ordinance Book No. 19, Page 381.) Mr. Minton moved the adoption cf the Resolution. The motion wac seconded by Kr. Waldrop arid adopted by the follo~Ir~ votel AYES: Messrs. Mlnton~ Waldrop, Woody~ YounE, and the President, Mr. ~ebber-~, NAYS: None ................. O, STATE HIGHWAYS WITHIN CITY LIMITS: Council havtnE previously r~quested the City Attorney to prepare an Ord~nance~ au~orlz~r~ and directlnE the acceptance of certain options heretofore acquired for the purchsse or o~er acquisition of certain lends necessary for th~ wideni~of Hersh~Eer Road, N. W., he presented ~hereuFon~ ~. You~E offered the followl~ as ~n ~Eency ~asu~e= ($11~) AN 0~DI~}~CE ~rov~dl~ fo~ the acqu~sitlon of certain lands for ~e widen~nE of ~ershberger Bead, N. W.~ ~ut~r~z~nE and d~rectl~the acc~ptanc~ of ce~taln options heretofore acquired fo~ ~e Furch~se or o~h~ acguls[tlon oF such~ lands~ directtnE that the respective prcfe~ty o~ers Be n~ Ifled of th~ electIcn to exerclse sald options; au~criz~ng mhd directlng the p-r'o~,ance of all necessary and prover adain[strative acta ~n telethon to such acqu[z[t[on: and rrovld[r~ f ........ gency. (For full text of Ord~nenee, see 0rdinamce Bock No. ~9, Fsge M~. Young ~oved the ~oFtlon of the Ordlnance. The motlon wms seconded by }~. Minton ~nd adopted by the following vote: ~ES: Me~srs. Minton, W~ldrop, ~{oody, gcung, and the Fresldent, ~r. Web~er-~ ~Y~ None ......... GRf~E CROSSINGS: Council h~vi~p~evlous!y authorized a~ directed the City Eanager to enploy the services of three negotiatcrs for the p~pose of socking options to purchsse certain p~perties In co~ectlcn ~Ith the eonstructlon of the Jefferson Street Grade Cros~i~ Elimlnatlon Viaduct, and having ap[roved certain appraisals of propertles needed to be acquired for the project, M~. Young offered th following emergency Ordinance as prepared ~- the ~lty Attorney, providing fo~ the scquislt~on of certain real estate necessary for the p~oJect an~ prev~dlng for the purchase p~[cs the~eof$ (~18~) AH 0~IHINCE providing for th~ acquisition of certain real estate necessary for the construction of ~e Jefferson Street Grade ~ossing Elimlnatlon ~iaduct an~ ProJect;provldlng for the purchese price t~ereof; and providing fo~ an (For full text of Ordlnance, see OrdlnanceB~ok No. 19, Page ~.) ~. You~ ~sved the adoption of the 0~dinance. The motion ~as seconded by M~. Waldr~p and ~opted by the follo~g vote: A~S: Mess~s. Minton, ~aldrop, Woody, Young, and the Fres[dent, Mr. ~ebber-~ NAYS: None ............. BUS~: Council having pre~iously directed the Mayo~ to appolnt a co~Ittee to negotiate with representatives o~ the Roanoke Railway ~r~ Elect~ic Company an~ th Safety Motor Transit Corpo~ation relative to the p~esent fare structure of said p~bllc hemrlr~ havlr~ been held on the subsequent ~pert of the comm[ttee on M~y ~0, 19~, at which hea~i~ ~he matter was taken under advisement, Mr. Woody, ~hafr=an the com~tte*, sgaln brought the question to the attention of the body, M~. Woody · tatlng that he Is con~l~ed a cash fare of ten cents for a First zone a~ five cent for a second zone is the best solution to the probl~ of the tra~portatlon cozpaule~ and that he has had a Resolution drafted accordingly. In this connection, Hr. Benton O. Dillard, Attorney, representin~ the Ralei~ Court Civic League, appeared before Council ard reiterated that the orssnization vigorously opposed to any lacrosse in bus fares, After a lengthy discussion of the matter ~dth }~. Leonard a. Euse, Attorneys representin~ the Roanoke Rallw~ end Electric Company and the Safety H~tor Transit Corporation, and H~o R. D. Csesell, General Superintendent, ~o were present at the mcetin6 ~lth representatives of the transportation companies, and the various of Council cltln~ their ressor~ for favorin~ or bein~ opposed to the ~roposed zone fsre~, ~r. Woody offered the followir~ Resolution~ (#11836} A B~$OLUTIO~ to amend parsfraphs numbers (~} end (9) of a contract dated At~ust ~0th, 19~1, Between the City of Roanoke an~ Roanoke Ra~lw~ & Electr~s Company and Safety Motor Transit Co~poratlon to authorize zone fares. (For full text of Resolution, see Ordinance Book Ea. 19, Page 385.) Mr. Woody mo~ed the adoption of the Resolution. The mot~an was seconded }~. YourK and adopted by the follo~n~ vote: AYES: Nessrs. ~oody, Younu, and the President, Mr. Webber ....... NAYS: Resets. Minton a*~ Wsldrop ............ KOTIONS AND MISCELLAh~OUS BU£INESS: S~4AGW DISPOSAL: Cour~il hmvlng previously Invited the Town of Salem to ,neEoti~te~lth the City of So~noke, thmough ttz C~ty Manager, regarding the terms and condlt!ons upon which sa~d Town may connect sanlt~$ or industrial sewers to ] city's sewer interceptor line and have the affluence from such ss~.~tary or fr~ustr!a] sewers treated by the City of Roanoke in ~ts sewage treataent plant, a~ the body at !ts meeting on December 22, 195~, having referred a eo_-~,.unicst~on fr~m the Mayor of the Town of Salem, request%r~ a definIt e official proposal from the City of Roanoke, to the City Man.gar for reply, with t he understand ~ng %hat should he des!re the of Council ~n formulatln~ the proposal the body would meet w~th hi~ for that purpose end the City Marmger hav~ng submitted a p~oposal to the Tcwn of Salem under date of February 28, 1953, Mr. Your~ asked the City Man~ger whether or not he has recelved reply to the proposal. The City Manager replied that he received an answer to the proposal under date of May 29, 1953, and submitted the following: "May 29, 1953 I~. Arthur ~. Owens City Manager, City of Roanoke Roanoke, Virginia I have been instructed by the Councfl of the Town of Salem to advise the Counell of the City of Roanoke th~ou~ you ths~ the proposal submitted with your letter of February RS. 19~3, and ~mpll£ied by your letter of March 3, !9~3, relative to the ~lty of Roanoke handlin~ sewage and wastes from the Town of Salem is not acceptable to OUr Council. These some of the ob~ections found b~ the Council of the Town of Salem to said proposal: 1. It is only a tentative proposal and not an off~cisl pro?oeal ss ~. it llm~ts the tern of ~ny contract to a maxt..mum of s~ven years end there is no provision for renewal. 3. It limits the maximum B. O. D. content and suspended sol~da of the sewage and waste to be treated to the extent that the present Salem Industries may not ezpsnd and the acquisition of r~w industry will be has.oared. The responsibility for the violation of these limita- tions is ~olely upon the Town, ~. It prohibits the by-psssin~ of sewage and wastes to the river until the rate of flow exceeds ~,000,000 gallons per day. Thls results in the Town paying for the treatment of surface water end ~nfiltrs- tlon which ~ould not require treatment lwy your plant. ~, It provides no basis For arriving at a coat to tha Town OF Salem upon the possible renegotiation oF the co~tract should one be ente~e~ into. ~yCouncil hms asked r~e to request you to bring thl~ lette~ to the attention o£ your Council at its next regula~ meeting~ Vel7 truly yours~ (Signed) W. Prank Chapman Town Eansger" Hr. Youn~ stated that he kno~s the City of ~oan~ke can treat the To~n ~alem~s ~ewa~e chea~e~ at the clty~s plant th~n th~ to~n can at a ~aslle~ 91ant though It be effficiently de~lsn~d, constructed and op~rsted~ that h~ does not find anything In the above co~unleatlon ~Ich cannot ~ ov~rcom~ of cooperation by both parties, a~ moved that the City Manager be instructed to lnf~ the To~n Council of S~en that tho City Cou~il of Roanoke would llke to ~et ~th them at their convenience, both as to time a~ place, for the purpose of atteapt~ to iron out all dlfferonces s~ agree on the b~Is for ~eco~ed by Hr. Minton and unanimously a~opted. ~here bein~ ~ ~rther business, Council adJou~ed. A P F R 0 V E D ¢~ F~esldent 266 COUNC I~., RR6UL~R MEETING ~ Honday, June 1~, 19~3o The Council o£ the City of Hosnoke ~et in regular=eating in the Circuit Court Hoom lnthe Hunicipal BulldinE, Monday, June 15, 195], at 2:00 o~clock, po the regular nearing hour, with .the President, Hr. Webber~ presiding. PR£SENT: Hessrs. Hlnton~ Waldrop, Woody~ YounE~and the President, Hr. Webber ABSF_J/T~ Hone ............ 0FFIC~S PHF~2iT: Hr. Arthur S. Owens, City Manager, H~. Randolph G. %/hittle City Attorney, and Hr. Harry R. Yates, City Auditor. The meeting was opened with a prayer by the Reverend Fred G. Traut, Pastor cf St. Paul*s Evangelical and Reformed Church. MINXITES: Copy of the ~tnutas of the special ~eeting held on Wednesday, May 19~3, and the regular ~eetlng held on Monday, May ~5, 1~5~, having been furnished each ~ember of Council, upon motion of Mr. Minton, seconded by Hr. ~aldrcp and unanlnously adopted, the reading was ~ispensed with and the minutes approved es recorded. }~_ARING OF CITIZENS U~0N PUBLIC ~TTERS: ZONING: Notice of a public hesrlng on the question Of rezonlng from General Residence District to Special Residence District property bounded onthe north by 0range Avenue, N. ~., on the east by Sixth Street, N. W., On the south by McDowell Avenue, N. W., and on the west by Seventh Street, N. W., described as Blocks 12 and 14, North Side Addition, Official No. 2120701, known as the Burrell Memorial Hospital, having been published in the Roenoke World-News pursuent to Artlole XI, Section llChspter ~1 of the Code of the City of Roanoke, settingthe time of the ~earing at i12'00 o'clock, p. m., Mondey, June 1~, 1953, the matter was before Council. There being no persons present objecting to the rezoning of the property, ii Mr. George P. Lawrence, Attorney for the petitioner, urged the rezening of the property since it is contemplated that construction will begin for a new hospital iat an early date; whereupon, }~. Waldrop moved that the request be granted smd that the following Ordinance be placed upon its first reading. The motion was seconded iMr. Woody and adopted by the following vote: AYES: Messrs. Minton, ~aldrop, ~oody, Young, and the President, }tr. ~ebber-~. NAYS: None .............. 0. (#11837) AN ORDINANCE to ~mend and reenact Article I, Section 1, of Chapter !of the Code of the City of Roanoke, Virginia, in relation to Zoning. Wh~EAS, application has been made to the Council of the City of Roanoke to have property bounded on the north by Orange Avenue, N. W., on the east by Sixth :'Street, N. W., on the south by McDowell Avenue, N. W., and on the west by Seventh Street, N. W., described as Blocks 12 and 14, North Side Addition, 0fficisl No. 2120701, rezoned from General Residence District to Special Residence District, and Wt~_P~EAS, the City Planning Cor~ulssion has recommended that the above propert 0e rezoned from General Residence District to Special Residence District as requeste ~nd WPfEPfEAS, notice required by Article XI, Section 43, of Chapter 51 of the Cod~ of the City of Roanoke, Virginia, relating to Zoning has been published in "The Rosn~ ~EAS, the heer~ as provided for ~nsaid notice published in the said newspaper waa given on the 15th day of June, 1953, et 2:00 o~clock, po mo~ before the Council of the City of Roanoke in the Council Room in the Municipal Building, at which hearir~ no objections were presented by property o~ners ~nd other tntereste pertiea in the affected area, and WHEREAS, this Council, after considering the application for resorting, is of the opinion that the above property 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 o£ the Code of the City of Roanoke, Virginia, relating to Zoning, be am, ended and reenacted in the following particular and no other, viz: Property bounded on the north by Orange Avenue, N. W., on the east by Sixth Street, N. W., on the south by McDowell Avenue, N. W., and on the west by Seventh Street, N. W., described as Blocks 12 end 14, North Side Addition, designated on Sheet 212 of the Zoning Map as Official No. 2120701, be, and is hereby changed from General Residence District to Speclel Residence District, and the Map herein referred to shall be changed in this respect. The Ordinance having been reed, was laid over. STR-~TS AND ALLnYS: Notice of a public hearing on an application to Council to vacate, discontinue end close a 10-foot alley in the City of Roanoke lying west of end parallel to Seventeenth Street, S. E., and bounded on the south by Wise Avenu~t and on the north by a 12-foot alley running east and west between Sixteenth Street and Seventeenth Street, S. E., having been published in the Roanoke World-News, setting the tine of the hearing at 2:00 o'clock, p. m., Monday, Juno 15, 1953, the matter was before the body. In this connection, ~. J. Wilson Ingrain, Attorney for the petitioners, appeared before Council in behalf of the closing of the alley. No one appearing in opposition to the closing of the alley and no co~uunicat:ons having been received on the subject, ~M. Minton moved that Council concur in the recom- mendation of the City Planning Co~mlssion that the alley be closed and that the following0rdinence as approved by the City Attorney be placed upon its first reading. The motion was seconded by ~. Waldrop and adopted by the following vote: AYES: Messrs. Minton, Waldrop, Woody, Young, and the President, ~r. Webber-5 NAYS: None ......... (#11838) AN ORDINANCE approving the vacation of the 1C-foot alley in the Cit~ of Roanoke, Virginia, lying west of end parallel to l?th Street, S. E., and bounded the south by Wise Avenue and on the north by a 12-foot alley running east and wes between 16th Street and l?th Street, S. E. ~REAS, in pursuance of the provisions of Section 15-766~1, Code of Virgini, (1950 Supp.), W. M. Lou~an, G. C. Jones and H. E. Vernon, Trustees of the Church of Gode of Prophecy, M. A. Tomlinson, General Overseer of the Church of God of Prophecl and ~s. Myrtle B. Saunders, widow, William Henry Buck and Mary Campbell Buck,his wife, ~s. Grace Lee Woolridge, widow, Miss Lillian P. Buck, and ~s. Addle Perkins Barrett and Jack E. Barrett, her husband, have executed and acknowledged an instr~e~ dated February 6, 1953, reciting that the map of King Investment Company dated December 23, 1903, and filed in the Engineer's Office of the City of Roanoke, Virginia, reveals ' property certain ten foot alley, more fully described hereinafter, traversing the according to that map and further reciting that the aforesaid parties have become th~ of all property abutting upon this alley and that it is the desire of these ~arties as abutting landowners that this alley be permanently vacated, and 26? 268 ~EA~, the proposed vacation of this allay has been submitted to ~nd approved by the Noanoko City Flannin~ Co~lssion ~n accord v~th the prov~s~on~ SeCtion 1~-~, Code of Virginia ~, the vacation o~ this alley ~lll neithe~ ab~dse nor de~tro7 any the rights or pr~v~leses of othe~ propert7 o~nera ~ith[n the bo~ds of the area on the aforesaid ~ap o~ Kl~ Inves~ent ComPs7, ~d ~3, the abutti~ l~do~er~ have duly presented the ffore~oins matter~ ~etition to thi~ Council that the vacation may be approved by the Co~cil as the Sovernl~ body of the Clt7 ~n ~h~ch the hereinafter described ~lley ~ no~ located. T~O~, ~ IT O~AI~b7 the Co.oil of the C~ty o~ ~o~oke ~t thl~ body of~icially expresses its approval of the vacation o~ the hereinafter described alle~ ~holl7 ~lt~ate la the C[t~ of Roanoke~ V~r~lnia: BEGI~IE~ a2 a point on the northerl~ s~de of ~lse Av~ue South 72 de~. ~ nlm. ~e~t 1~0 f~et from the northwesterly point of of Wise A enue and 17th Street (fo~erly Pleaser Street); thence north 1~ de~. 2~ n~n. West t70 ft. to a point on a 1~ ft. alley ~d corner to Lot 1~; thence South 72 deg. 3~ min. West 10 ft. to a point on said ft. alley and corner to Lot 13; thence along ~e easterly line of Lot 13 ~outh 17 deg. 26 min. East 170 ft. to a point on Wise Avenue and corner to Lot 13; thence alon~ Wise Avenue North 72 deg. 3~ nin. East 10 ft. to the place of BEGI}~{IIIG, ~d that all right, title ~d interest of the C~ty of Eosnoke ~d the public In the above described alley ts hereby released insofar as this Councll ts empowered so to BE IT F~T~ 0~AI~ that the City ~lneer be directed to mark "Pe~anent] ;Vacated, Discontinued and Closed" the above described ~ley on all maps ~d~ats on file in his office upon which this alley may be shown with approprlate references to the book and page of ~esolutions and 0rdln~ces of this Council wherein this Ordin~ce shall be spread. BE IT F~ ORDAI~ that thc Clerk of this Cocci1 deliver to W. ~. Lo%ms: G. C. Jones and H. E. Vernon, ~ustees of the Church of God of Prophecy, ~. A. ~Tonlinson, General Overseer of the Church of God of Pmophecy, ~d ~s. Eyrtle ~. ~]Sa~ders, widow, Willi~ He~ Buck ~d }[~y Campbell Buck,his ~ife, Mrs. Grace Lee goolridge, ~idow, Miss Lilli~ P. Buck, ~d }~s. Addie Perkins Barrett ~d Jack E. ~'Bsrrett, hem husb~d, the abutti~ l~d~'ners, a certified copy of this Ordinance to }~be attached to the written instr=ment si~ned by said property o~ers and filed for ~record in the Clerk's Office of the Husti~s Co~t for the City of ~e 0rdin~ce having been read, ~es l~id ove~. TR~IC: Fm. G. ~. Trent, P~esident of Grsves-H~p~eys Hardw~e Comply, Incorporated, alo~with~. Olover E. Trent, Vice-President, ~d ~. C.Fred ~Secret~y-Treas~er of the co=p~y, appeared before Co~cil ~d presented ~ co=~ic~ ~tion protesti~ the recent erection of "no parking" st~s In front of their place cf businesson of Fr~lin ~oad, S. W., in that ~ey feel the company the ~losin~ business because it does not have ~ple off-street parking for ~d edvisl~ that they feel p~ki~ in front of their place of business does not ~lntemfere with the moving l~e of traffic. In a discussion of the matter, the City ~an~er pointed out that the ~ave been erected in accordance with a pl~ to provide for a four l~e traffic move- ~ent in this ~es ~d that he is hevin~ a complete traffic study report prepared he would like for Co,oil to receive before ~y action is t~ken on the matter, ~tating ~rther that this street is the second heaviest traveled street in the City ~d that the ~affic Dep~rtment feels this p~klng restriction is ~ imports in c~ryi~ into effect the traffic pl~. After a further discussion, ~w, Waldrop moved that actioncn the request to remove the signs be deferred until after Council has received the tra£fic study report and has had t~te to atudy s~e. The motion was seconded by }ir. Hlnton and unanimously adopted. WATER DEP~RTH~NT: ~. T. L. Plunkett, Jr., Attorney from Strlckler~ Plunkett !and Striclker, law firm representing O. Lester Hash and L. T. Richardson, Executors of the Estate of Paul G. Hash, deceased, appeared before Council in connection with his clientts proposal by which the City of Roanoke Water Department might take over the present water system and customers. Xn the North Hille Subdiviatcn of Roanoke County and stated that their proposal has been submitted to the Water Department$ whereupon, the City K~nager presented the followin6 letter £romMr. G. H. Ruston, Mene£er of the Water Department: "IETERDEPAHT~FENT C0}~,~NICATION June 11, 1953 TO; Arthur S. Owens FROM: G.H. Ruston SUBJECT: City Water into North Hills Subdivisicn, North of City Limits on U. $. Route #11 I mm attaching herewith six copies cf the following letter and plan fro~ }M. T. L. Plunkett, Jr., who is attorney for the executors of the estate of Paul G. Hash= ~June 3, 1953 Ym. G. H. Ruston, Manager Roanoke Water Department Roanoke, Vlrginle Dear ~Lv. Ruston: As attorneys for G. Lester Hash ~nd L. T. Richardson, H~ecutors Of the Estate o£ Paul G. Hash, deceased, we subnXt for your conslderetXon the fo!lowln~ proposal by ~hich the City of Roanoke Water Department will take over the present water system and customers in the North Hills Subdlvislcn of Roanoke County. As you know, the lets Paul G. Hash subdivided North Hills and hXs ester is tho present owner of most of the lots situated therein end the North Hills water system. Our proposal is: 1. The Hash Estate would lay, at its expense, an eight inch main in Dexter Road (Sunn~brook) from Virginia Route 601 to Chester Drive, thence south from Dexter Road to Granville Street, continuing Ln e southwest direction in Granville Street to Greenway, thence southerly Greenway to Boxley Road and cormect to the existing six inch main in Greenway Drive and Boxley Road. This main would be laid in accordance with the City of Roanoke Water Department specifications under the Water Department's rule No. 36 whic governs mains beyond the corporate limlts. 2. The Estate would ~'urther deed to the City in fee simple the entire water distribution system, including all mains, valves, hydrants services, meter box settings, meters, requisite permanent easements, all other appurtenances thereunto belonging, free and clear of all encumbrances whatsoever. The existing system hsd a value of nearly $20,000.00 when installed subsequent to 1947. No real estate or water supply such as existing wells would be involved in the transfer. However, the Estate will enter into an agreement satisfactory to the City to the extent that the existing water supplles will not be used for a future source of public water supply. 3. Any future main extension in any of the public ways of the w111 be done under current Water Department rules at the time of the extensl~o ~. The 0ity of Roanoke Water Department is immediately to ~low the Estate $75.00 for each of the existing 27 customers and to /loather a11¢ a refund of $75.00 for each new customer attaching to the existing including the new eight inch main, when such customers have been attach for a period of tbmee years, with no liabtl!ty on the pa~t of the City for refunds after a ten year period from the date of the agreement. 5. The City ~s to install.hydrants at its own expense at Greenway Drive and Mlddleton Street, Greenway Drive and Ellwood Street, and Greenway Drive and ManorStreet, whenever the area within 500 feet of these intersections becomes 30% built up. 27.0 We are attacl~ng a map of the area showy existirkgma~ns, both in North Hills and the City of ~oanoke Water System, aa well as the propos new eight L~ch ~ain. ~e exiat~ supply o~ ~ater'ls ~adequate fo~ ~e cust~rs presently bel~ served d~ t~es o~ short ~ate~ supply. It ~ould be a ve~ considerable service to re~ldent~ o~ North H~lls to have c~ster, ~d at t~ ~e t~e~ the City ~ould be acqu~r~out expense d~str~bution ~ystem ~nvolv~ ~ outlay o~ approx~ately I~ ~y ~ther details ere requ~ed for the consideration oF this matte ~e ~hsll be glad to ~nl~h the ~ early reply to thl~ ~nquiry ~ould be appreciated. Very t~ly (Sl~ed) By T. L. Pl~ett, I believe the letter is self-expiratory. Hy co~ents are as 1. ~Is par~raph Is In line ~lth ~ater Deponent ~ule ~S cover~g ne~ beyond the corporate limits. ~. ~s deals ~Ith an outright acquisition of a ~ate~ system that relativel~ ne~ (1~7) ~d tn s ~orkeble condition end ~ould fit nicely into the ~ity~s Distribution System. 3. ~ls item would autc~atlcally take ca~e o~ ltmelf. 4. ~s ~tem, of co~se, has to have Co~cil action ~d deviates from ~le 36 (outside corporate limits water extension) In that the $75.00 allow~ce per customer ts to be pa~d ~edlately instead of being re~ded st the end o~ t~ee ye~s. In short, we would be buying the ex~st~ng ~d customers for (27 x $?~.O0) $Z,O25.00. ~e re~d of $75.O0 per new custcmer ~ter three ye~s Is ldent~c~ wtt~ule 36. ~. ~ts item deals with instmlli~ hydr~ts on exlst~ng ~ains already tn the system ~d has some merit, as Water Dep~t=ent Rule 36 does exactly this on the theory that the 25% increased water rate o~er the City Just~fies such expenditures. I would estimate this cost as approximately $1,000.00 ~d recommend that this item not be considered at this t~e. I ~derst~d that the present ~ross revenu~ for last ye~ out of the system, based on ~ customers, was ~75~.00. Applying the Water Department cowry wate~ rate to last yesr~s cons~pt~on, I would est~ate ~ ~ual gross revenue of $1,2~0.00. There ~s the possibility that adequate supply of wate~ night even increase this. ~!s sytem ts ~lly metered now ~d Is subdlv~ded for a total spprox~ately lO0 mddlt~onsl lots, and will ~doubtedly develop rapidly when adequate water is put into the ares. I reco~end that the offer be accepted with ~e possible elimination of item 5. Will you please place this on the Co~cil agend~ at your e~lfez (Sf~ed) G. H. Rustcn" ~ter a brief discussion of the matter, ~. Woody mowed that the request be t~en ~der advisement ~d placed on the ~enda for the next re~l~ meeting Co~cll. ~e motion w~s seconded by Mr. Mlntcn ~d ~mously adopted. PETITIONS A~ C0~E-~ICATIONS: ~iC: A cc~ication from ~. J. R. DeBusk request~ ~at a tr~fic light be installed at the intersection of Wllli~on Road ~d Floral~d Drive, N. ~was before Co~ctl. On motion of ~. Minton, seconded by ~. ~oody ~d ~lmously a~pted, the cogitation was referred to the City M~ager for disposition. S~T ~[PRO~NTS: A petition sl~ed by ~enty-~-o property ~ers ~ the 2700 block of Avenel Avenue, S. W., advisl~ that they ~e wlllt~ to pay their proportionate p~t for c~b, ~ttep and sidewalk const~ctton In order to get thei~ street paved, but that so f~ they ha~e not been ass~ed of ~y sssist~ce this ye~ statl~ thmt the dust created by tr~ftc is so great that they ca~ot open windows ~of their hemes ~d requesting that some ~ediate action be taken to ~elteve unbeardble condition, was b&fore Council. On motion of~. Woody, seconded by ~. Wallop ~d ~ously a~pted, the Petition was referred to ~e City M~er for study ~d report to Co~cil. STREET IHPR0VI'~NTS~ A petition alined by twenty-alit property o~ners I~lay Avenue and Yentnor Road~ So E.~ ~ the 6~den C~t~ ~ea, ask~ that ~ediate action be t~en to improve the condition o~ Imlay Avenue ~d Ventno~ ~d advl~l~ that after the ~stallat~on o~ ~ster ~a~ns on ~lay Avenve the ccntr~c d~d not replace ~y ~r~vel on the ditches, ~as before Co~cll. Cn ~otion oF~. Yo~, seconded b~ ~. Hlntcn ~d~lmousl~ adopted, the matte~ ~a~ referred to the Clt~ H~a~er for ~vestl~at[on~ study ~d report to Count ~d to also check into ~he~er or not the contractor ~ho laid ~e ~ater the street~ accordl~ to hl~ contract. ZONI~G: A co~lcat~cn ~rcm~. Jo~ L. Hart, Atto~ey repre~entin~ Ha~ Frances Kefauver~ aski~ that a certain p~cel of la~ fronti~ 133 ~feet on the south side of 0ra~e Avenue, N. E., between Osborne Street on the west V[nton Ecsd on the east, 0ff~c~al No. 3330~01, be rezoned from General ~esidence ~Dlstrict to Business Dlstr~ct or Light Industrial D~strict, was before Council. On notion of }~. Waldrop, seconded by Fm. Woody and ~tmously ~opted, the request for rezontng was referred to the City Plying Co=~sston for study, report ~d reco~endation to Council. ZOEIEG: A petition from }M. ~cbert S. Ouerr~t, Attorney for ~. L. M. You~ Jr., aski~ that property located on the southwest corner of 0rs~e Avenue, and Eighteenth Street, N. W., ~o~ ~s Lots 6, ~ mhd 8, Section 66, Melrose L~nd Company ;Map, be rezoned from General ~esidence District to Business District, ~as before Council. In this co~ect[on, Mr. S. H. Tear ~nd Mr. A. F. Wa~er, who 1lye in the 170~ block of OranEe Avenue, N. W., appeared before Council along with six other clt[zens and objected to ~y rezon~g of the property; whereupon, the President, }~. Webber, advised the group that before Council takes ~y final action on the request they will be given an opport~ity to be heard at a public hearing. 0n notion of I~. Yo~g, seconded by ~.~. %~aldro~ ~d ~ously a~ prod, the request for rezonfng was referred to the City Pla~ing Co~isston for study, report ~d reco=endation to Co~cil. COMPLAINTS: A petition sf~ed by approximately eight-four proper~ers of ~the southwest section of Ro~oke and Wasena aski~ that the scales of the Virginian~ ~Re~lway Comply located ~der ~asena Bridge be moved to some other location due to t~e ~noise made by cars being b~ped into one ~other while stat~g they being weighed, ~that this creates ~ extra ~ount of coal dust, smoke ~d blowing of whlstles which ~re i ~°ying to the citizens living in the area ~d also d~sturbs the services of a chur ~located In the ~ea, was before Co,oil. On =orlon of ~. Woody, seconded by ~. Minton ~d un~imous~y adopted,the request to have the sca~es =oved was referred to the City M~er for disposition. CI~ PROP~-FI~ DEPOSIT: A co~ication from M~. Walter H. Scott, t A torney, asking whether or not the old fire house property located on Willi~son Ho~d ~d o~ed by the city is for sale, ~d if so at what price, was before Co. oil. On notion of ~. Minton, seconded by ~. Waldrop ~d unan~ously adopted, =after was referred to the City M~ager for study ~d report. SE~T LIGHTS: A c~unication from the Appalachi~Electric p~ er Company, s~tting forth the locations of street lights installed duri~ ~e Eonth of May, 1953, before Co.oil. ~e co~ication was filed. 2?.2 BOARD OF ZONING APFEALS: The following communicatic~ from the Chairmen of Board of Zonins Appeals, with reference to a ~roposed amendment to Section ~3 of Chepte~ 51, Zonl~ of the Code of the Clty of ~o~oke was before Council= ~e Honorable R. L. ~ebbe~, Hayor, ~d Hember~ of City Co~cll, Ho~oke, Virginia. ' Gentlemen~ Yc~ attention Is c~led to the fact that ~ticle XI~ ~en~ents, Secti ~3~ Froced~e, of Chapter 51, Zoni~, City Code, as =ended by O~ce ~o. 1057~, on Hay 29,19~0, provides that proposed ~en~ents o~ ch~es In the Zon[~ 0rdin~ce may be referred to the Bo~d of Zone5 Appeals for ~d reco=endat~nto Inas~ch as it is no~ the policy of City Cocci1 to refer proposed cha~es in the Zoni~ 0~ln~ce to the Clt[ tl~i~ Comisslon for study, re9o~t~d reco=endatton~ ~h!ch Is the correct procedure accordl~to the duties of ~e Co~Iss~on as set forth In Section 6, Pl~l~ Co.lesion 0rdtn~ce, adopted December 11, 19~0, It Is ~e op~nton of the Board of Zonl~ Appeals that Section ~, of the Zonl~ 0vdln~ce should be ~ended this respect, and reco=ends said chugs. ~ts ~en~ent Is reco=ended at this tine in view of the fact that the su~pl~ of Zoni~ Ordinance has been e~austed, and It will be necessar~ to provide e new suppl~ in the ve~ mar ~ture. ~e~pect~lly submitted, (St~ed) Frederic E. Bishop 0n motion of }~. Waldvop, seconded by ~m. Minton ~nd un~l~ously adopted, th mattem ~as taken ~dev consideration ~d placed on the acenda for the nex~ :[meeting of Co~cil. ~CTIONS-C0~CIL: ~e Clt~ Clerk brough~ to the attention of Co.ell copy ;the abstract of votes cast at the Gener~ Election on ~esda~, June 11, 1953; ~:}M. ~oody ~oved that the follcwing certificate be filed ~d made a p~b of the offlc records of "We, the ~dersi~ed Co=issloners of Election rom the Cit~ of Ro~oke, Vfmginla, at the General Elect[on held for the Cit~ of ~o~oke, on ~esda~, June 9, 1~3,h~vl~ ~et In the Office of the Clerk of the Hust~gs said C[t~, pursuit to law bel~ dul~ sworn ~d having c~vassed from the voting precincts of said City, as made by the Judge~ ~d Clerks of said General Election, hereby cert1~ that the followlng n~ed persons received the n~ber o~ votes hereln set forth for ~flce of City Council or Co~lss~o~er: FOR J. CL~K ~AY, ~ere cast EIGHT ~RED S~ ~ Vote~( FOR J~S BR~L, were cast S~ ~DR~ FOR~ SIX~ Votes FOR PA~ J. PUC~, were cast ~ S~ ~DR~ ~ NI~ Votes FOR F. E. AL~, were cast F0~; ~DR~ F0~ Votes(~14 FOR ~ C. PICKE~, were cast FOR~ F0~ ~OR~ F~ F0~ Votes(~54 FOR LEIGH B. ~S, ~., were cast ~;~ NI~ ~DR~ FIF~ ~0 Votes(2952j FOR B~TON 0. DILL~, were cast, t~ee .........................Votes ( FOR W. W. BH0~, were cast, one ........................... Votes ( FOR C. C. RUSH, were cast, one ........................... Votes IN ~ CL~S 0~iCE 0F ~ ~STINGS C0~T 0F ~ CI~ 0F ROAN0~, VIRGINIA, ~ llth, 1953. We, ~e~ders[gned Commissioners of the General Election held~the City of Ro~oke, Virginia, on ~esday, the llth day of J~e, !9~3, do the above Is t~e ~d correct abstract of votes cast at said election as certified by the Judges ~d Clerks of the v~ious prec~cts of said City, ~d do therefore, dete~ine ~d declare that, received the hi.est n~ber of votes cast In the said City of Roanoke, for Membe~ of the City Co~cil o~ the City of Roam ke, VirgUle. Given under our hands this llth day o£ June, 1953. (Sl~ned) H. B. Gray . ) ) CO.~{ISSIONERS (Signed) F. A. Engleby ) ) OP {Signed) Fred J. Farris ) ) EL~CTION {Signed) C. H. So~mardahl) ) {Sl~ed) R. W. She~ A~T: [Signed} R. J. Watson CL~ OF ~STINGS C0~T I, R. J. WATSON, Clerk of the Hustt~s Court of ~e City of Ro~oke, do hereby certi~ ~at the foregol~ Is a true ~d correct copy oF the abstract o~ votes cast at the General Election above n~ed, as certified, sl~ed ~d attested accordl~ to law. OXven ~der ~y hand this llth day of June, 1953. (Sided) R. J. Watson Clerk of Hustings Cour~ of City of Roanoke ~e motion was seconded by ~. Waldrop ~d un~tmously adopted. B~T-scH00L BOA~D: ~e follow[n~ co~Ication from Mr. D. E. Mc~IlkIn~ Superintendent of Schools, with reference to the School Board~= request fo~ additional ~pprop~Iat[on of $8~000.00 rom ~rn[tu~e ~d equipment In the 19~3 Schoo!]~ ~ayom Ro~ L. Webbe~ ~d Members of City Co~cll Eoanoke, Virginia Gentle~en: ~ls Is to recall the fact that whereas $~0,000 was requested by the Ro~oke City School Board for ~rnlture ~d equlp=ent tn the 19~ School Budget, the final allo~ce in the budget was only $20,000. My a~infstrative staff ~d I have rigidly ~ade every reasonable curtailment tn ~nit~e purchased to date ~d have care~lly estimated the likely pupil enrollment incre~e ~or the fall te~. ~e ~ost conservative estimated lncremse is 120G. To buy sufficient ~odern seatl~ equlp=ent for this increased enrollment, and to replace a mlnl~ of broken ~niture and to sec~e other needed ~niture will exceed ou~ approprla~ion by about $8,000. ~rther, In order to sec~e sufficient seating ~d have it installed by Septegber, It will be necess~ to place ~ o~der ~edfately, e~b~rassi~ shortage in the fall. By authorization of the School Board I m~ hereby requesting Council to approve a current overcharge on the ~nit~e ~d equlp~enb Ite~ of the budget ~ th~_Bg~d, subJFct to later adjustment either by tr~sfe~ fro~ ~y other · ~e~ ~na~ ~ay show a surplus, or by supplemental apprep~lation if necessa~.~[ ~n~k you for consideration o~ this request. I t~st that Co~cll be favorably to this procedure. Respect~lly yours, (Signed) D. E. Mc~llkin Superintendent of ~chools" In this co~ectlon, ~. Mc~llkin who was present at ~he meetS, stated that the ~equest Is urgent ~d that he hopes a savings In other school categories will offset the $8,000.00 bub at this date he c~ot state which accost, have a surplus at the end of the ye~. it bet~ the opinion of Co~cll that the $8,009.00 should be ~ppreprfated at this tl~e from the General ~d, $~. Yo~=oved that Co~cil concur tn the request ~d offered the followi~ e=ergency 0rdin~ce: (~118~9) AN O~IN~CE to ~end ~d reorda~ Section ~, "Dep~t~ental Equi~ent ~d ~provenents", of the 19~3 Budget Ordinance, ~d provid~g for e~ergency. (Fo~ ~11 text of Ord~ce, see Ordinate Book Ne. 19, Page .273 274 H~o Youns moved the adoption of the Ordinance. The motion was seconded by Hr. Hlnton ~nd adopted by the followin8 vote{ AYES{ Meaarso Minton, Weldrop, Woody, yourS, and the ?resident, Hr. Webber-~, NAYS{ None ................ 0, LIBRARY BOARD{ The followin~ eoummmication from Mr, D. E. MoQuilkin, Super- intendent of Schoole, in connection with his services on the Roanoke City Library Board, wes before Council{ "June 9, 1953 Roanoke City Council Roanoke, Virginia I wish to call your attention to the fact that it has been my privlleg~ to serve on the Roanoke City Library Board for a number of years, in fact, from the date of the establishr~ent of the library in 1923. My position on the Board has been by virtue of ray office as Superintendent of Schools, as provided for in the City Code, chapter 39. Pursuant to this provision, Dr. E. W. Rushton, who succeeds me to the superintendency on July 1, will automatically become a member of the Library Board. I am happy to point out this fact to Council, that the record may be adjusted accordingly. you of my continued interest in the splendid progress in this phase of our Cityts public service. Sincerely yours, (Signed) D. E. McQuflkin Superintendent of Schools" ~ne corau, unlcatfon was filed. STREET LIGHTS: A petition signed by four property owners living on Ravenwood .iAvenue, N. W., requesting that two street lights be installed on Ravenweod Avenue, iR. W., was beforeCouncll. On motion of Nr. Watdrop, seconded by ~Lu. Minton, and unanir, ously adopted, ilthe request was referred to the City Manager for study, report and recom-.endation to REPORTS OF OFFICERS: SE%IERS: Cotmcil having previously deferred action on the request of FLu. ilEnglish Showalter and Mr. Allen W. Staples, Attorneys, representing F~'s. Jean W. iiStaples and Willi~mWatts, that the city extend the outfall sewe~ line on Watts Avenue, liN. a distance of 1,000 to 1,200 feet, in order that a seweri W., Lick Run total lline to be constructed through a portion of the Watts estate can be connected theret~t !isnd thus serve hones to be erected in the ares, and having asked the City Manager to etermtne what has been the policy of the city with regard to the extension of outfall IDirector of Public Works, the City Engineer and the Planning Engineer to assist him lisewer City Manager written report stating that he has had the lines, the in s careful survey of the city's policy over the pest thirty years, and that in no case did they find that the city has constructed a sewer hain or outfall sewer line !1{ to serve any undeveloped area at a total cost to the city, further stating that sinc~I this is the first specific request of this type they feel that Council might be wise to consider the adoption of a policy that could be used for future like developments and advised that in their opinion a fifty-fifty basis would be fair to the developer and also provide ~eans for the city to extend its outfall sewer lines to provide for future developments. , In a discussion of the matter, the City Manager presented the following lett~ i~ro= the attorneys making the request: 275 "June 12, 1953. Mr. Arthur S. Owens, City Manager, Roanoke, Virginia. Dear Sir: This letter ia written with further reference to the request of the J. Allen Watts Heira~br ~n extension of the outfall sewer line alen~ Lick Run in northwest Roanoke, Virginia. In the av~nt that the Council of the City of Roanoke establishes a policy regardln~ the extension of sewer lines similar to the one in in this case, on the basis of the City paying one-half of the cost and the property~nera paytn~ the other one-half, then request ia hereby made that this sewer line be extended on that basis, and the Watts Heirs will pay the! one-half of the cost. Thanking you for your consideration of this matter, we aret Very truly yours, Staples, Attorneys for Mrs. Jean~' W. Staples and Willia~ Watts" In a further discussion of the matter, the City Manager reco..~nended that theii be extended on a fifty-fifty basis, stat!rig that it has been estimated the project could be put in for approximately $5,520.00, of which estimated ~ount the Ii city would have to pay one-half of the cost. After a further discussion of the matter, ~. Woody moved that the City ~Mana£er be requested to sdvertise for bids for the construction of the outfall sewerl!~' iline since the actual ~?.ount is not kno~;n. ~ne ~otion was seconded by Mr. Young i unaninous!y adopted. ST0~.I DRAINS: The City Manager submitted tbs fo!lowin~ report with reference to a petition concerning the draina~e of stor~uwater from the subdivision of propert i kno~ aa "Moomsw Place" located between Floraland Drive and Hershbercer Road, N. W. "Roanoke, Virginia June 15, 19%3 To the City Council Hcanoke, Oentle~en: You referred to me in your File #2? at the ~eetfng on Monday, May 11, petition from several citizens, Messrs. Gross, Evans, Matthews, Layman, Give Reedy and Williams, concerning drainage water from the old Moomaw Place located between Floraland Drive end Hershberger Head and ~mptylng !mt0 Eden Drive, N. W. I have checked with the Engineerin~ Department and find that this is in conformity with the existing subdivision ordinance; and, therefore, the subdivider is carrying ou2 the wishes and expression of tke Planning sion in conformity with the ordinance adopted by the City Council. Respect£ully submitted, {Signed) Arthur S. Owens City Manager" ~ne report was filed. AUDITS-CITY TREASURER: The City Manager submitted written report, together with the report of the Auditor of Public Accounts on an audit of the accounts and records o£ City Treasurer during the fiscal yea~ ended Cor~.onwe al th Revenues handled by the June 30, 19~2. n ~otlon of 1~. Weldrop, seconded 2~z'. and urAs~nt~ouely adopted, thet audit report was find with the official records of Cou/lsfl. DELINOUENT TAX DEPAR~-[ENT: The City Manager submitted a comparative report o~ the collections of the Delinquent Tax Department through the nonth of May, 1953, showing $16,321.85 colleetlons for the period from January through Hay, 1953, ss compared with $14,519.94 for 1950, $21,007.17 for 1951 and $20,644.65 for 1952 the same period. report was filed. 276 RECREATION DEPA~T~NT: The City Manager submitted the follow~ report with reference to the dl~continu~ce o~ the o~eration o~ ~e Teen A2e Ol~l~ Center Fifth 5treat ~d C~pbell Avenue, 5. "Ro~oke~ V~rslnia To ~e Cit~Co~cil Ro~oke~ Virginia ~ntlemen: In co~o~lty w~th our existin2 lea~e ~th~, H, A. Alou~ ~d the Boswell ~ealty Comply Coy the Teen-ASa Girls Center~ ~ advised Eentlemen o~ the Cltyts intention to tek.ate ~e lease ~ off June ~0, due to the require~ents of the F~re Harshall conce~l~ the safety oF this At a coherence with ~. Boo.ell. ~ho~, alo~wl~. Alouf~ I fo~,d ~ost cooperative. I ~ as~ed that they will comply ~tth the ~les re~lations oF the Fire H~hall ~d have the bulldi~ b~ck In shape e~l~ date. Just as soon as that Is completed, I ~lll advl~e ~ou ~t ~tll reco~end that ~e enter into a contract to continue thi~ excellent proEr~. He~pect~lly submitted. (St~ed) Arthur S. ~ens C~ty H~sEer" ~. Waldrop ~oved that Co~c~l concu~ In the report of the Cl~y M~ger. ~e ~otion was seconded by ~. ~ou~ ~d unctuously adopted. B~ET-V~C~ STADIUm: ~e City M~age~ havf~ heretofore been lnst~cted ~to ~dv~mttse for b~ds fo~ so~d equipnent to be used at Vtcto~ Sta~, he sub~Itte [w~Itten report showinE t~ee bids on the equl~ent with H. C. B~er Sales Comply, incorporated, as low bldde~ of $2,205.20, stating that ~ appropriation of $2,205.2~ ~wtll be required to purchase ~d install the equi~ent; whereupon, ~. Woody ~oved that Co~cil conc~ in the report of the City M~ager ~d offered the following ~energency 0rdin~ce: (~11840) ~ ORDINANCE to ~mend ~d reordain Section ~3, "~p~ental ~Equipnent ~d Improvements", of the 1953 Budget 0rdfn~ce, ~d provld~ for ~e~ergency. (For ~ll text of 0rdin~ce, see 0rd~ce Book No. 19, P~ge 388.) Mr. Woody noved the adopticn of the 0rd~ce. ~e ~otfon was seconded by ~. Yegg and adopted by the. following vote: A~S: Messrs. Waldrop, Woody, Yo~, ~d the President, Mr. Webber .... NAYS: Mr. Minton ............... 1. AIRPORT: Co~cil hav~g previously deferred action on the offer fron ~. Edd Shape ~d ~.~. C. H. Adcock to sell to the City of Ro~oke a portAon or all of the ~Bushong Estate ~d the l~dlyi~ on the north side of the Airport Road, fronting the Coulter F~, for ~way extension st the Airport ~d h~ving referred the matter to the City M~ager to negotiate for the m~ ~ounb of federal ~d state aid the city c~n obta~ for the p~chase of ~nd for ~way extension at the Airport, he submitted the followl~ report: "Roanoke, Virginia June 1%, 1953 To The City Council Roanoke, Virginia Gentlemen: In furtherance of you~ instructions at the meeting on June 1, 1953, File #9, this office contacted Fr. C. R. Adcock, who has the option on the Bushong Estate, and representatives of the Civil Aeronautics Administration with reference to securing sdd!tional funds for the purchase of le-ud needed for a run-way extension. ! have been advised, th~ou~h~. Jo W. ~ott, CoA°A. repreeentative, there are no further funds available in this fiscal year, which terminates June 30, 1953. ~. Hott h~ ~vised us that In all probability ~ere will be at least $25,000.00 available ~ter 'July 1. Since ~ere la no need for haste, ~ would surest that we await of~icia action fr~ the C.A.A. which should come somatic during the month of July. ~en we c~ follow up our progr~ to attempt to secure the l~d. ~. Adcock has ass~ed ~e of their wllll~ness to wait a reasonable length of time for the City to make a decis~. Respect~lly submitted, (Sl~ed) Arth~ ~. ~ens City M~er" ~. Woody moved that Co.ell concur In ~e report of ~e City M~ager. ~e motion was seconded by ~. Minton ~d ~ously adopted. FI~O~KS: ~e City M~ager subnltted the following report In co.action w~th explosive d~gers: "Ro~oke, V~rg~la June 15, 1953 To the City Co~cll Roanoke, Vtr~nia 6entlemen: ~e to the fact there have been several explosions ~d serious fires fron explosio~ in the past several months, I think tt wise Co~cil~s attention that, in cur Jud~ent, there is no major hazard of kind in the City of Ro~oke ~hich night be comp~cd with so~e of ~e recent explosions ab~t which we have read in our local paper. I pass this on to you so that you will be aw~e of the fact that ~e~re alert to such d~ers and const~tly check on ~e~. Respect~lly submitted, (Signed) Arthur S. ~ens City ~ne report was filed. WA~ D~.~T: ~ne City 21~a~er presented the following report with reference to extras that were necessary to the Corer Contract for installation of water nains in the northeast section of the city: "Ro~oke, Virg~ia June 15, 1953 To ~e City Co~cil Ro~oke, Virginia Gentlenen: I ~ In receipt of the following letteP fron the ~g~ee~ Const~ction, ~. Charles E. ~IooPe, with reference to extras that were necess~y on the Corer Contract for the installation of water ma~s ~n the northeast section of the City: 'J~e 5, 1953 Municipal ~ilding Ro~oke, Virginia Dear ~. ~ens: Attached hereto is a statement covering an oxtra to Corer ~der Project 4- Contract ~ was bid on the basis of laying the several sizes of main, hav~g a min~ 3-foot cover, at a unit price accord~ce with the plus ~d specifications. ~ong other thins, the plus ~d specifications desolated those streets not to established grade, ~d the cut or fill to be made at a ~ture date was sho~. ~ese plus ~d specifications show Liberty Road t~ou~out at established grade. Project 6 included a line in~iteside Street, te~Inat~ in Liberty Road. ~s project showed ~lteside at ~e ~tersection of Liberty as havl~ a 5-foot cut. ~e City ~lneer subsequently ver~fie~ this cut, ~d then ~ntshed us with a new profile for Liberty Road. ~e first item of $1,4~.00 on the attached statement covers the cost of extra dep~ not provided for ~n the plus ~d not contemplated by the contractor ~hls bid. 278 Xesalar Road, in thc-ease project, was aho~n to be at established grade, It was found after the contract was let that the l~proved road surface o£ Eeseler Road wae to the southern aide thereof~ and in order to install the main properly, the trench had to be dug in a high be This extra excavation was not provided £or in the plan~ nor by the contractors The extra work is represented by the second item the a~ount of $1,605.00, making a total for the two We maintained a close check on the operations of the contractor, particularly during the period of making the extra excavation. We assumed that hie payroll rates would be practically at current prevalli rates, and find that his labor charges are less than was calculated by Our field notes also show that the period of time of ten days was actually consumed in the extra excavation. You have previously approved in principle tho allowance of an extra under the foregoing circumstances. By agreement with the contractor, ho proceeded with tho work, agreeing to charge for extra labor and equipment use rather than quote a flat price with a margin of safety for unknown rock. ~. Wentworth has reviewed these figures and finds nothing to criticize. Kindly return all copies with your approval that we may properly attach them to the next regular estimate for Corer. Very truly yours, (Signed) Charles E. Moore Engineer in Charge of Constructlont The letter is self-explanatory; and I would recommend that you authori= th~ anendr, ent to the Corer Contract to cover these extras. Respectfully submitted, (Signed) Arthur S. Owens City Manager" Mr. Woody hayed that sctlon on the request be deferred and that the hatter be placed on the agenda for the ~xt regular neettng of Council. The ~otion was seconded by Mr. Minton and unani=ously adopted. ACAD~ OF ~'~SIC: The City Manager submitted the following report in co~uection with the contract between ~. R. T. Winecoff and the City of Roanoke for !irazing of the old Acsdeny of Music bu~ldlng: "Ros~noke, Virginia June 15, 19~3 TO The City Council Roanoke, Virginia Gentlemen: ~. Woody brought to your attention at e recent Council Meeting the need for action on the Academy of Music property; and I have checked with the Legal Department and find that 2~. Wfnecoff has until August 11, 1953, to complete his work. The work is moving along and in a reasonable manner. I have every assurance that we can move in to take over the property certainly during the ~onth of July. If agreeable to Council, we'll have, by that ti~e a program to ts you for the use of the property, i trust this will be agreeable. Respectfully submitted, (Signed) A~thur $. Owens City Manager" The report was filed. CITY~GER: The City Manager submittedwritten report advising that if it is agreeable with members of Council he expects to take a portion of his vacation from Sunday, July 5, 1953, through Sunday, July 12, 1953. ~ne report was filed. CLAIMS: The City Manager submitted the following report in connection with claim in the ar~ount of $390.00 from Janes R. Gross and Geneva R. Gross, 2815 Floralmnd Drive, N. W., for damages to their property caused by water from streets May 6, 1953: "Roanoke, Virginia To The C~ty Council Roanoke, Virginia Oentle~en: You referred to me in you~ File ~2~, on Honday, May 18th, a certain cla~cm~de by Mr. J~es Ro Oross £or damages to hl~ property on Floral~d I do not see ~here the City oF Ro~oke could be responsible for ~d~ therefore~ reco~end the cla~ not be paid. ~espect~lly ($l~ed) ~thur S. ~en~ City 0n ~ot~on o~ ~. Y~, ~econded by ~. Minton ~d ~mcum~y adopted, the reco~endat~on o~ the City M~e~ wa~ conc~red B~ET-DEP~ 0F P~LIC ~F~: ~e C~ty M~age~ submitted written repo ad~isl~ that the proposed new budgc~ of the ~part~ent of ~Bllc Welfare fo~ the fimca~ ye~ July l, 19~, to July ~, 19~4, has to be approved prior to July 1, 19~, togethe~ with the fellowl~ lette~ from the Director of the Dep~t~ent o~ Public Well.e: "June ~O, ~. ~thur S. City M~ge~ M~c~pa~ Bui~d~ng Ro~oke, Virginia Attached hereto is a copy of o~ Stmte budget fo~ the ba~ce of the ye~ begi~lng July ~, 19~. Also attached fs ~iblt A, which gives In b~lef fo~ the ch~ges we ~e request~ Co~cil te approve in this budget. You will note that the tot~s ~e exactly the s~e ~d that no new money required o~ requested. ~ fact, If these ch~es are ~ppro~ed as requested,~ our re~burse~ent will be increased by ~2,22~.O0, ~n addition to the of increased reizburse=ent w~ch ~as previo~ly brought mbout by authorization on May 18 of this yea~. Actually we are requesting the fo!lowly: that General Relief be decreased $~,~9.00 ~d that other categories be ~ncreased by a like ~ount as O~d Age Assist~ce, ~,109.00; Aid to Dependent Children, $~,22~.00$ Aid the Pendently ~d Totally Disabled, $2,028.00; Aid to the Blind, $~9.00' ~d Fester C~e, $.~0 (to ~ake this fi~re co~e out even~. ' ~. Yates, C~ty Auditor, has been over these fibres with our Boekkceper ~d ~ will certl~ to their correctness. It would be greatly appreciated if yeu wou~d bring this budget to Co~cfl Monday, J~e l~, as It sheuld be approved prior to July ~. Respect~l~y yours, Directo~ of ~b~Ic We~f~e" F~. Yo~g ~cved that act~en on the ~atte~ be deferred until the next re. Imf ~eeting of Co~cil. ~e notlen was seconded by ~. ~aldrop ~d ~ously ~dopted. D~INQ~T T~ DEPOSIT: ~e City M~ager submitted written report that he has appointed ~. Buford B. ~ompson ~s Delinquent T~ Co~ector. ~e report wms filed. CI~ P~SIC~AN: ~e City M~age~ submitted written report fro~ the City ~hysIci~ for the ~onth of May, 19~, showing ~89 office ca~s ~d 62~ prescriptions ~i~ed, as co~pared with 84& office cal~s ~d ~0~ prescriptions f!~ed fo~ the ~onth Mzy, ~9~2. ~e repe~t was filed. ~PORTS: ~e City M~ager submitted written reports from the Deponent ~d Pl~bing Inspection fo~ the ~onth of May, 19~; the ~olice Dep~t=ent the ~onth o~ April, 19~, ~d the ~rchasing ~p~ent fo~ the ~onth of May, ~e reports were filed. "279 i280 STrEeT IMPROVEHENTS: The City Manaser havinsbeen requested b~H~. Htnton at ~ ~nfo~al ~eet~ o~ Co.oil to m~e a ~ve~ of Cove Road, H. V., vlth referen to property o~er~ ~ho ~ould donate land flor street ~lden~ ~rposes ~n exch~e curb ~d ~tter~ he submitted ~r~tten report adv~sl~ that out o~ e total of thir~- three propert~ o~er~, fourteen have indicated the~ ~lll donate the neces~a~ lsnd~ ei~t have indicated the~ ~11 not donate l~d ~d eleven o~er~ ~[11 not ~l~ for After s discussion of the re~ort, ~. Hlnton ~oved that the matter ~e referred back to the C~t~ H~a6er to ~ther nesotiate with those who h~ve not aEreed to dona l~d on th~ basis o~ the city construct~n~ curb ~d ~tter at the present .time std~alk et a latem date. ~e motion ~as seconded b~ Hr. Waldrop ~d adopted. FOLICE D~PA~: ~e City M~aEer submitted the follcwl~ report In ticn w~th an ~ccident on June ~, 19~3, ~n which two police officers were injured ~nd "Roanoke, Virginia June 15, 1953 To The City Council Roanoke, Virginia Gentle=eh: On the night of June 4, 1953, one of our squad cars, occupied by Corpor W. D. Adans and Lieutenant W. B. Carter, wes proceeding along Wlllis~nson when it had an accident with a ear driven by William Chester Davis. ~. E. H. Richardson, Superintendent of the City G~rage, has tnfo~ed me it will cost the City $1,723.67 to rebuild the 1951 Model Ford; or it has a wrecked car salvage value of $200.00. I would recor~end that we purchase new police car and use what can be salvaged from the old car for spere parts~ Respectfully submitted, (Signed) Arthur S. Owens City Msnager." Mr. Minton moved that Council concur in the reco~endetion of the City Manag r and that he be requested to advertise for one additional car for use in the Police Department. The motion was seconded by ~. Woody snd unamtmous!y adopted. STRUT LIGHTS: TheClty Manager subnitted written report reconm..endating that additional street lights be installed at vmrlous locations in the city. ~. Waldrop moved that Council concur in the recom~..endation of the City Msna~er and offered the following Resolution: (#11841) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke and the replacement of one existing street light. (For full text of Resolution, see Ordinance Book No. 19, Page Mr. Waldrop moved the adoption of the Resolution. The ~otion was seconded b~ F~. Minton and adopted by the following vote: AYES: Messrs. Minton, Waldrop, Woody, Young, and the President, Mr. Webber-- NAYS: None ................. O. REPORTS OF COmmITTEES: STREET PAVING: Bids on the paving of streets at various locations in the of Roanoke, having been referred to a co~Ittee composed c~ the City Manager, the Xssistant City Auditor and the Director of Public Works, for tabulation and report, the com~ufttee submitted a tabulation of bids shc~ing Virginia Asphalt Paving Compan ~fd of $99,260.00; Adams Construction Company bid of $103,620.00 and S~n Finley, Incorpc~ated, bid of $113,420.00. In a discussion of the report, the City Manager advised that there is only $87,000.00 available for this contract in the 1953 budget; whereupon, Mr. Minton ~oved that the bid of Virginia Asphalt Paving Company be accepted on the basis of ~6.97 tmlt price and that the quantities be reduced to keep within the available for this contract, the City Attorney to prepare the proper Resolution awardin~ the contract for the next regular meetins of Council. The motion was seconded by Hr. Waldrop and tmanimously adopted. U~INISt~D BUSINE~$~ None. CONSIDERATION OF CLAI~Sz ~VENILE AND ~STIC ~ATIOES CO~T~ F~nal action on the request of ~d Pence, Law FI~, that the C~ty of ~oanoke reimburse Er. Jack Jonson In the ~o~t of $~0.00, coveri~ his ea~l~ capacity for six weeks of the sixty days he served of a ninety day sentence, without a trial, having been deferred ~til the present meetl~ in o~er that the Judge of the Juvenile ~d ~est~c Relations Court a~ainthe Cle~kbefore~dthethebody.probation off,car h~dll~ the case were present, the matter wes the Clerk ~d the prob~ticn e w e t g ~ ~ now ~inds that Jack Jonson was tried on J~uary 12, 19~3, on a disorderly charge as outlined in the follow~g letter ~der date of J~e 11, 1953: "June 11, 1953 ~e ~ayor ~d ~enbers of Cc~cil City of ~o~oke Ro~oke, Virginia Es: Jack Jonson, col. ~ntlemen: We submit the follo~ing info,at,on to support cvr statement that ebove-n~ed was tried ~or diso~erly conduct on J~u~y 12, 1953. At the time ~r. Jack Coulter ~d ~. E. 6riffith ~dson, Jr., c~e to the office to discvss the matter with the Court, we took the position that eve~ benefit of doubt be given the de,end,t, ~d that every consfder~tion ~d courtesy be extended to his leg~ corneal. After he~ the plea, the Court took the position that It ~as possible that the defendant was not tried ~d t~at a mistake ~n ~denity had been ~ade. Not having s~ff[clent lnfor~ation at this time, co~lcetions were sent to Co~c[1 under the dates of April 20 and ~, ~d by appear~ce et Co~cil meet~gs, ~ statement wes m~de that the defender was not tried ~d e mist,s In identity had been 0n ~archl6, 1953, a ~11 ~d thorough investigation ~as be~ by the st ff to secure ell the ffects that could be obtained to show that the defendant was o~ was not tried. O~ investigation shows the 1. Jack Jonson wes arrested by Officer L. L. Fields on S~dsy nornln~, J~nva~ ~1, 1953, at 9:25 A. ~., on complaint of Callie Jonson, wife of the defendant. ~s disorderly conduct was In the presence of the officer. 2. Jack Jonson was brou~t to the ~etention Nome, J~va~ 12, !953,and he wes in e nervovs condition indtcatfn~ he was experienc[n~ e hangover. 3. ~do~sement by the Judge on the warrant shows that the defendant ~ss ffc~d ~llty ~d was given a 90 day sentence ~nd a Fine of ~25.0. ~d cost was ~mposed. ~. ~e docket ofF,car on duty this date could ~t state definitely if he took Jack Jonson to the Detention Hc~e or not s~ce he does not keep a record off prisoners tr~sFerred From the Jail to the Detentto: Nome ~d that it was possible For bin to have made ~ t~Ip this date. 5. ~e Clerk of this Court wes not present at this trial because of the need for his presence In the Clerk's o~fice no~ wes he present Earch 13, 1953, when the deffendant w~s retvrned from Bland Correctt~ 6. On Eay 9, 1953, the defender was at the Court ~d this was the opport~[ty for the Clerk to see the defendant s~ce J~a~ 12, 195j ~d ~e Clerk identified h~ as the nan who was held In the Detentfo~ Home on J~u~ ~2, 1953. With the i~o~etion as above outl[n~before the Covrt, we ~st take position that the defendant, J~ck Jonson, was tried on J~ary ~2, 1953. ~espect~lly yovrs, (Si~ed) K. A. Pate Jvdge" 281 .282 doubt, end r Raymond r gtultz~ Clerk, also advising that he reco~niaed Hr Johnso aa the men who vas at the Juvenile and Domestic Relations Court on january 12, 1953. In a l'urther discussion, Hr. Dodson stated that he contends Mr. Johnson vas never tried, that his client states he vas never taken to the Juvenile end Domestic Relations Court for trial end that he vas transferred directly from the Police Detention lock up to the City Jail proper. Hr. Jack Johnson, who vas present at the meeting, stated the same facts and also added that he did not see Judge Pate until he vas returned from the State Fern et White Gate, Virginia. Mr. J. Luvelle Taylor, Probation Officer, who was requested to be present, stated that he did not know enythin~ about the disorderly charge, that he hsd hendl~ the non-support charge against Jack Johnson on the complaint of Hr. Johnson's wife and that the case vas set for hearing on January 19, 1953, et which time he learned that Jeck Johnson had been sent to ~tte Gate, etating further that the non-support charge has since been withdrawn. Council beln~ of the opinion they cannot act on the request because of the conflicts and nlsunderetandlnga in the statements made end that before Council c~n eat it will have to know the facts, Mr. Hlnton moved that the body be Pumnlahed vith the original ~rltten records, or with copies thereof, of all entries of records from ell departments headline the Jack Johnson case, from the time of his arrest untll the time of disposition of charges, and that the matter be carried over until the next regular meeting. The motion was seconded by Hr. Young aldunaninouely adopted. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: STR'-WT N~F.S: Ordinance No. 11828, designating a ~5-foot uunaned street in e Forest Hill epee as Hidden View Road, S. W., hsvin~ previously been before Council f~ first reading, reed and laid over, was again before the body, Mr. Young offering! ii [#11828) AN ORDINANCe deefgneting a 25-foot unnamed street extending westwar~ iifron th .... thwesterly termination of Sewell Lane, S. W., fOr a distance Of 256.88 f~et lite a deed end, adjacent to Lots 3-B s_nd 3-0, Block 1, Forest Htll Map, Official Nos. 111360101 and 1360125, as Hidden View Road, S. W.; directing th ...... darien of the i!nsr, e of said street on present and future tax plats in the office Of the City Engtne~ .; :l~nd directing that street algas hereafter erected shall conform accordingly. (For full text of Ordinance, see Ordinance Book No. 19, Page 387.) }~r. Young moved the adoption of tho Ordinance. The motion WaS seconded by Mr. Waldrop end adopted by the following vote: AYES: Messrs. Minton, Waldrop, Woody, Young, and the President, )Ir. Webber-5. NAYS: Hone ............... O. SEWER. CONSTRUCTION: Council having previously appointed a cor~nfttee composed of the Director of the Department of Public %;orks, the City Manager, the City Enginee,~ and the City Clerk to hold a public hearing on the proposed construction of a sanlta~~ I!se~er~ to serve properties in the Lincoln Court area, the City Clerk advised that the ~e-rlng wes held on May 27, 1953, at 2:00 O'ClOck, p. m., and presented draft Of ~esolutlon authorizing the com truct!on of the sanitary sewers and providing for the · docketing of estimated assessments therefor against the affected lendowners; whereupon, · Woody offered the following emergency Resolution: (#116112) A RESOLUTION euthorizin~ the construction o£ sanitary se~e~s ~n along certain portions o~ Lukens Street, ~ba~ ~treet, ~i~ Street, ~pree Stre~ Burrell Street, Douglass Avenue ~d ~arve~ Avenue~ ~ the L~coln Court ~ea of the City off ~o~oke, ~o~ vhich improvements assessments are to be ~ade against ~e abutt l~do~ersi suthorizl~ ~d directl~ the City ~age~ to advertise flor bids on the const~ction o~ the s~ltary ~eversl provldi~ for the docketing o~ ~ abstract o~ the ~esolution In the Clerk's Office of the H~tl~s Court of the Olty oF Eo~okeI ~d provldl~ ~o~ ~ emergency, (For ~11 text of ~esolution, ~ee Ordin~ce Book No. 19, Pase ~. ~oody moved the adoption off the ~esolution. ~e ~otion vas seconded by ~. ~aldrop ~d adopted by the follo~in~ ~ote: A~: Hessr~. Hlnton, ~aldrop, ~oody, Young, ~d the President, H~. ~ebbe~ ~AYS: None ............. O. S~TS AND ~S: Council h~v~nr p~ev~ousl~ b~ Resolution No. 1177R authorized %he O~t~ M~naEe~ %o accept options heretofore 7~an~ed the c~ty f~om ~e Keed~ck~ et als, pePm~tt~ the c~%~ to acquire certain ~eal estate fo~ use ~n connection w~h th. w~den~nK of Bull~t Avenue, S. ~., between Jefferson S~eet Street, a~ negotiations hav~nE p~oEr,ssed %o ~ po~n~ where ~% w~ll soon be necessa~ ~o~ pPopem e~ officials %o execute, fo~ and on behalf of the c~t~. the ~cesssP~ ~s w~h which to p~ fo~ the lands, ~{~. YounK offePed the follow~nE~ (~118~3) AN 0~I~NCE sutho~z~nE the p~pem C~t~ officials ~o execute, a~ on behalf of the C~, ~e~u[a~te ~nst~ents ca~[n~ ~n%o effect ~he aE~ee~mnts contained ~n the option f~om ~e Keed~ck, et ux., d~ted Ma~h P6, 1953, and hePetofo~e ~ccep~ed b~ the C~%~ spp~opm~at~nE ~5~,h1~.63, f~ th~ General ~nd, to be used pay~n~ fo~ %he land to be acqu~Ped from Lee Keed~ck s~tuated on %he sou~h s~de of Bull~tt A~e~e, between Je~fePson m~ F~st Streets, S. W., a~ ~n pe~f~n~ the ~t~'s otheF u~e~tak~nEs as con~a~d ~n su~d option a~ also ~n pa~T ~o~ to execute s~ de!~ve~ ~ vouchers as he~e~n p~ov~ded fo~; ~ pmov~d~n~ fop sn ~For'full tex~ of O~d~nance, s~e 0~nce ~ok No. 19, PaEe 39~.) F~. Wood~ a~ adopted b~ ~he follow~nE AYe: Mess~s. M~n~on, ~ald~p, Wood~, Young, and the President, M~. NAYS: No~ .............. 0. MOTIONS AS~ MISC~}~0US BUSIngS:. S~AGE DISPOSe: The C~t~ Ma~e~ ha~nE been ~t~ucted to ~o~ %he To~ Council of Salem ~at ~e ~t~ ~ounc~l of Roanoke ~ould l~ke to meet w~th them at the~ convenience fo~ ~e p~pose of atte~pS~n~ to ~on out ell d~fferences and on the bas~s fop a contmac~ u~eP ~eh sm~d Town ~a~ ~on~ct san~ta~ o~ o~ ~ust~al sewers t~eated b~ the C~t~ of Roanoke ~n ~ts sewaEe treatment plant, .~ sa~d mee~n~ hav~ been held ~n S.lem on June 9, 1953, %he ~es~dent, M~. ~ebbe~, bFouEh% to ~he attention of Council the follow~ co~un~cat~on from ~he ~oP of To~ of S~lem: 283 2.84 'June 13, 19~3 The Council of the City of Roanoke Roanoke, Attention~ Eon° Roy Webber, Hayer .Osntlemenl Furauant to the Joint ~eeting o£ the Council of the City of Roanoke end that of the Town of Salem~ held at Lor~wood on June 9, 195]~ I, as the of the Town of Salem, am authorized to transmit to your Council the offer to attempt, in good faith, the negotiation of a contract, with the City of Roanoke~ relative to the handlir~ of all seuage and waste from the conte~plai sewage collector system to be constructed by the Town of This offer is conditioned upon the City making the length of the contra¢ twenty-five yea~s, a term of years which will coincide with the expiration date of the bonds that will have to be issued to defray the costs of con- etructinS the Town's collector system and conduit to a point where a connect! with the City's system can be made. It is further understood that a fair and equitable ~ethod of the costs to the To~n of Salem, and other details are to be worked out elon the lines end in keeping with the various points raised and ~en~ra/ly di in our Joint meeting. Very truly yours, ! (Signed) James I. Meyer ii JAMES I. MOYF~. MAYOR" In a discussion of the matter, Mr. Young stated he does not believe any me icl Council will oppose a lonE-term contract but that he feels the contract should !iconta!n a yardstick by which adjustments in charges can be made from time to time, ilwhich would be based on the operating costs of the plant, advising that it is definlt ly :known the To~n of Salem wants a twenty-five year contract and he has no objection iexcept that the contract should have a termination clause which could be exercised by either muntclpality. Hr. Young further stated he believes everyone wants to see Roanoke River !!cleaned up 100 per cent and belleves the City of Roanoke is interested even more thai Salem in a long-term contract~ because this would assure the river being cleaned up !for a lonEtime~ and moved that the City Manager redraft the proposed agreement along the following basle and submit the draft to the clty~s conaultlng engineer~ Fm. Louis i. Rowson of Chicago, and after Hr. Howson~s approval have the City Attorney put into proper form the agreement ~hlch would be presented to the Town of Salem after approve Df Council: "1. The contract shall be for a twenty-five year term but either party shall have the privilege of csncellir~ after the expiration of 15 years by giving notice to the other party at the end of the twelfth year.or by Flvlng three years notice at anytime between the l~th and 22nd years. It is the desire of the Council for the City of Roanoke that the river be permanently cleaned up and not temporarily for only a few years. 2, The cost to the Town of Salem sh~11 be fixed for.the first year at $30.00 per million gallons for sewage of normal strength as defined below in paragraph number 3 and this figure shell be adjusted up or down fro~ year to year thereafter on a percentage basis as the cost of operating the plant varies. Only actual cost of operation shall be used in adjusting the price and no part of the cost of mmortlzin~ the cost of the plant shall be considered in adjusting the cost. The cost shall be determined by a committee of three men composed of the Roanoke C~ty Audltor~ the Auditor of the Town of Salem and a third chosen by these two and paid Jointly by the City and Town. 3. The price of ~30.OOper million gallons of sewage shall be based on sewage with a biochemical oxygen demand of ~OO parts per million and suspends solids not exceeding 600 p.p.m, at the point Of delivery %o the City trunk sewer ~nd if the average for any ~ hour period exceeds these figures then Town shall pay to the city ~5 per 50 parts per million (or fraction thereof) for the excess for the day. At no time shall the Town offer to the city for treat~nt sewage with a b. o. d. in excess of 600 and the Town shall agree to take whatever steps are necessary to correct this condition should it ~o The cost of the followin~ in its entirety would have to be borne by the Town of Salem or other persons and industries than the City of Roanoke ~hould they elect to Join the system: (a) Construction and maintenance cost of a connection to the system including reoordin~ flow meter and bypass provisions. (b) Samples of the sewage would be taken on a 2{4-hour composite sample schedule which would be taken weekly on successive days o£ the week, This sampling would t~ done by the contributing agency or agencies in accordance with specifications of the City of Roanoke and delivered to the City Sewage Treatment Plant, ~, That the agency or s~enciee may not Irypass to the river except when flow exceeds four million gallons day rate of Flow." The motton was seconded by ~r. Woody and unanimously adopted, TNAFFIC~ Mr. Hlnton Brought to the attention of the City Manager the traffic condition at the corner 'of Eleventh Street end Center Avenue, M. W., suggestin~, that so~e traffic control sign be erect.ed to assure safe movement of traffic at this corn r. The matter was referred to the City F~nager For study and report, COP~PLAINTa-NUISANCIE~ ~ro Waldrop brought to the attention of the City Manager a complaint he had received From Mr.- Louis Nichols, 317 Church Avenue, S. E. ithat drunkc and vagrants are congregating and loafing ~n the area of the monument located on Church Avenue in Woodland Park, advising that the condition is annoying to the citizens. The City Manager advised that he would have someone check on the condition. There being no further bu.~Iness, Council adjourned. AP P ROVED ATTFST: 285 286 COUHCILs REGULAR Honday~ June 29~ The Council of tile City of Roanoke met in resular meetin~ in 'the Circuit Court Room in the Hunlcipal ~uildin~, Honday, June 29, 19S]~ at 2=00 otclock, p. mo~ thc resulal' meeting hour, with the President, H~. Webber, presidin~. PRESr_~T-· Meesrso Minton, Waldrop, Woody, Young, and the Fresident, Hr. Webber ........................ S. ABSENT: NO r,,e .............. O. OFFICER~ PRESENT: Hr. Arthur -~. Owens, City Manager, Mr. Randolph O. yhittle, City Attorney, and Hr. Harry R. Yates, City Auditor. The meeting was opened with a prayer by Hr. Arthur S. Owens, City Manager. MINUTES: Copy of the minutes of the regular meeting held on Honday, June 1, 1953, having been furnished each member of Council, upon motion of Hr. Waldr0p, seconded by Mr. Hinton and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PU~.LIC MATTERS: AIRPORT: Pursuant to notice of advertisement for bids on the following work in connection with the Adninlstration Building Project at the Roanoke H~nicipal Airport (Woodrum Field): grading, paving at new location of old Adr~lnistration Building. paving access road, paving concrete apron, bituminous seal coat on a portion of N.E.-$.W. runway and a portion of taxiway system, and moving and relocating old terminal building with appurtenant work thereto, according to plans and specifications furnished by the city, said bids to be received by the City Clerk until 2:00 o'clock, p. m., Monday, June 29, 19~3, and to be opened before the Council of the City of Roanoke at that hour, the City Manager presented the following co~w~manicatton from the City Engineer, in which he concurs: "DATE: June 29, 1953 TO: Mr. A. S. Owens, City Manager FROM: F~. g. C. Broyles, City Engineer At 12:10 p.m. today, I was called by Mr. A1 Wessell, new Dlstrlct Airport Engineer at Harrisburg, Pennsylvania, and was informed that there was a new change in wage rates which must be included in the bids for the new work at the Airport. Hr. Wessell ia sending the wage rates by air ~ail, and it will probably be three days before they can be in the hands of the contractors. This is in addition to an addendum in regard to wage rates sent out to the contractors Thursday, June In view of the instructions received from Mr. Wessell, it is recommended that bids which are to be received at 2:00 p.m. before City Council today be returned to the bidders unopened and that new bids be received two weeks hence, at which time the new rates will be included in the contract. HCB" On motion of Mr. Young, seconded by Mr. Minton and unanimously adopted, the' recommendation was concurred in and the City Clerk was requested to return the bids unopened to the bidders and the City F~nager was directed to readvertise for bids aa set out in the recommendation. WATF~ DEPARTMEnt: Council having previously taken under consideration a report submitted by the committee appointed to negotiate with certain owners of i existing small water distribution systems to obtain written offers whereby the city may purchase certain of said systems, with reference to the purchase of the J. O. Plunkett water system located in Cardem City, F~. F~ss A. Plunkett, Attorney, representing ~r. 5. O. Plun~ett, appeared before the body an~ stated that it has been several weeks since the report of the committee has been submitted to Council and that he would like to answer ar~ questions the body may have in connection with the offer. Afters discussion o£ the matter, it beingbrought out that the committee had arrived at the figure of ~P1,200.30 as submitted in its report on the basis of 210 customers at $19,200.30, SSOO.O0 for the wall, land and well house, and ~I,S00.O0 for the purxps, etc., and Hr. Plunkett stating that the pumps were purchased to enable him to furnish necessary water pressure to the new Garden City School and that at the time he was assured the city would' pay for t~e pumping equipment at such time as the city took over hie water ~ystem, Hr. Woody moved that the City Attorney be requested to prepare the proper Ordinance, purchasing the system on the basis of ~19,200.30 for the customers and ~500.00 for the land and well, and that th~ pumping equipment be handled at a later date after additional information is furnished Council. The motion was seconded by Hr. Hlnton and unanimously adopted. PETITIONS Ah~ CO~94UNICATIONS~ INVITAT10NS-~ILITARY C0~ANIF~ A co~nicatlo~ from Lt. Col. Samuel Jo Ll~t, llGth Infantry, Virginia National Guard, lnvltln~ mer~ers o~ Council to be prosent on visitors day, July ~, 19~, at A. Po Rill Hilitary Reservatlon, Fredericksburg, Virginia, ~here the Roanoke units oF the Virginia National Guard, alon~ with. other units of the ~gth Division, are holdir~ thafr annual two ~eek summer encampment, was before the body. The City Clerk was instructed to acknowledge receipt of the com~.unication, expressing appreciation Fo~ the invitation and advisir~ that if any membe~ of Council, or representative, can attend they will notify Colonel Ll~t oF their plans. II~VITATIONS-USS RO~EOI~: A communication Frcm~rs. Virginia N. Wright, Postmaster, Roanoke, Virginia, advislr~ that while she ~as attendir~ the convention of the Virginia Chapter, National Association oF Postmasters, at Rotel Ch~erlain, Fort Honroe, Virginia, she had the honor oF representing the City of Roanoke on a planned tour oF the cruiser, USS Roanoke, and that Captain Retold Thomas Deutermann, Co.~m~nding OFFicer oF the USS Roanoke, requested her to extend to the members of the Council oF th~ C~ty oF Roanoke hie most cordial creetin~s and to convey to Council his invitation for them to visit the USS Roanoke which will be docked at the Naval Base, Nor£olk, ¥ir~inia, For most of the stu~uer, was before the body. The City Clerk ~as requested to write Captain Deuter~ann, expressln~ the appreciation oF Council for the invitation to visit the USS Roanoke. SE~A~E DISFOSAL: A communication From l~o ?. R. Trout~ advising that in any contract considered between the Town of Salem an~ the City oF Roanoke whereby the clty would treat the sewage oF the town the contract should contain a clause ~protectin~ both parties From variations in the value oF the dollar~, wa~ before Council. The co~nunicatton was Filed. BUD~T-COF~ISSIO~'B OF REVE.~E: A cor~unlcation From Judge John R. Raft, Commissioner oF Revenue, requestin~ that Councl~ appropriate an additional Sl,O00.00 to his budget for extra help, ~as before the body. 287 Sr., President of the Southeast Civic League, with reference to needed improvements for Fallon Park and Jackson Park, was before Counclll eRoanoke, Va. June 24, 1953 ~r. Heston K. Hoorman, City Clerk Hunicipal Buildir~ Dear 1'~, Moorman= I have before me letter dated June 22, 1953, addressed to the .undersigned, in connection wtth the expenditures of the various parks throughout the city for the year 1952-53. This letter is in reply to my letter of June 12, 1953 addressed to Mr. Arthur S. Owens, City Manager, copy attached. In the last paragraph I requested a detail statement showing amount of money allocated for Parks and Recreation for the year 1952 and 1953 and also the amounts in detail, shown separately, spent on each park for improvements and recreation. You will note from the third paragraph of letter from Mr. R. P. Hunter, Director of Parks and Recreation, that it was impossible to comply with my request as detailed costs per park are not kept. It seems to me that the Recreation Department has a very poor system of bookkeeping in not.havir~ this information available as this Is a matter of public record. I am requesting that you place this matter on the agenda for the next meeting of the City Council. I am attaching copy of my letter of June 12 to Hr. Arthur S. Owens and also copy of Hr. Hunter's letter of June 22nd. Yours truly, (Signed) W. P. Burton, W. P. Burton, Pres.-Southeast Civic League" On motion of Hr. Minton, seconded by Hr. Woody and unanimously adopted, the co~nication and the request for improvements to Pellon Park and Jackson Park was referred to the City Manager for investigation, study and report. ZONING-SETBACK LIh~S: The followin~ communication from the City Planning Commission, in connection with establishing a setback line on the north side of Salem Avenue, S. W., between Fifth Street and Jefferson Street, was before Council: "June 26, 1953 The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemen: Attached hereto is Resolution No. 2, together with Plan No. 3961, which was adopted by the City Planning Commission on June 12, 1953, as Part 2 of the Master Plan for the City of Roanoke, to-wit: 'A RESOLUTION adopting sectional plans providing for a setback line for the future widening of Salem Avenue on the north side from 5th Street, S. W.,.to Jefferson Street. Wt~REA~, the City Planning Commission has made careful studies of existing conditions on Salem Avenue, and realizes the urgent need for Its future widening to take care of the anticipated increased flow of traffic following the construction and completion of the Jefferson Street Viaduct; and WHEREAS, the City Planning Commission has prepared and studied Plan No. 3961, dated April ?, 1953, entitled, "Plan Showing Proposed Widening of the North Side of Salem Avenue, S.W., Between 5th Street and Jefferson Street", providing for a right-of-way width of 73 feet from Jefferson Street to 2nd Street, S. W., and for a right-of-way width of 64 feet from 2nd Street to 5th Street; and WHEREA~, property owners on Salem Avenue were notified by mail that a public hearing would be conducted on said Plan to give them an opportunity to examine it to determine in what manner said proposed setback line would affect their properties; and t~EF~, the City Flannin~ Co~miesion~ after proper advertise~nt that It would do so, held a ~ublic Hearin~ o~Hay 12m 19~]~ in accolade ~ith the re~ire~nts of Section 5 of the Com~ssion ~dl~nce~ at ~hich he~l~ all interested citize~ ~ere affo~ed an opportunity to be he~J a~ ~ a ~Jorlty of the ~e~s. of the Co. salon feels that If It vas practical to put into effect PI~ No. 3~1 in the reaao~bl~ ~a~ ~ture~ the Co~laalon vould reco~ the adoption of s~d Planl hoveve~ because o~ ~e opposition ~eziatered by the ~Jorit~ of the property o~e~s apeakl~ at said ~blic He~l~ to the adoption said PlanI the probable lonS period off tl~ before the videnl~ could be actually accomplished because of the ~eat cost thereofl a~ acco~lnzly, the atte~l~ diaadvanta~ee to the property o~era, Co~esion ia u~llli~ to reco~ its adoptionJ a~ ~, it la the consldered. Jud~nt of said Co.lesion that the need for the establia~nt of a setback line fo~ the ~ture ~ldenl~ off Salem Avers Is urgent, and t~t said proposed wide~ will eventually result An a major l~rovement or said street flor the interests of the affected property ow~rs as well as the ~blic interest of the City at large; T~RE, BE ~ R~OL~ ~ the City ~la~l~ Co~lssion oF the City of Roanoke that ~IS~ P~N NO. 3961, entitled ~ster Plan the City Pla~lng Co~ssion, P~t 2, ~howing Proposed WAdenl~ on the North Side oF Salem Avers, S. W., Between ~th Street a~ Jefferson Street, Prepped In the Office oF the City Engineer, June 12~ 1953", said Plan to provide for a street oF not less then sixty feet In ~ldth, the rA~t-oF-way width to be measured from the south line of properties, be adopted In accordance with said Plan. B~ ~ ~T~R R~OL~ that said Cohesion reco~e~ the . approval by City Council of said Revised Plan No. 3961, dated June 12, 19~3, a~ that an attested copy. oF, said Plan be certified to the City Manager a~ City Council as provided by Section 8 of the PI~ Co~lssion Ordinance.~ Said Plan No. 3961, "Showl~ Proposed Widening on the North Side of ~alem Avers, S. W., Between 5th Street a~ JefFerson Street", will provide for a ~ture street oF not less than sixty feet in width, the right-of-way width to be measured from the s~th line of properties. This proposed width w~ll colorlith the proposed ~ture width of Salem Avenue from 5th'Street to 15th Street, ~. W., In accordance w~th a setback line previously established by City Council for street Council's attention Is called to the ffact that the property located on the northwest cornor of Jefferson Street and Salem Avers will be ac~lred in co~ection ~[th the proposed new Viaduct rift-of-way, and that the depth oF the property to be acquired w~ll be ~eater than the setback line reco~ended For Salem Avers. ~e City Pla~ing Co~ission has given a great deal of study to this proposed Plan, a~ recommends its approval by City Council. The Co~sslon feels that At ~s important ~hat City Council should take pronpt action In regard to this matter, particularly in view of the fact ~at bus[ness interests have already been delayed In co~t~ction cf the proposed offf-s~reet pa~ki~ garage on Salem Avers pe~l~ Council's decision. Respect~lly submitted, (Signed) Nits S. ~s. F. L. Savour, Secretary.- In a discussion of the ~tter, Mr. Wo~y advised that he Feels the~e Is a great need for Salem Ave~e to be widened due. to the increase in flow of traffAc which will occur when ~he new viaduct is finished a~ that ~t Is his opinion Salem Avers, S. W., from First Street to Jeffe~son Street, should be wide enou~ to allow fo~ t~ee movl~ lanes of tr~fic, and that a lane should be provided fo~ turning into the proposed parkl~ garage a~ also that a ~ane should be pmovided fo~ loading and u~oadi~, ~d moved that the C~ty ~nagem ~ke a study and reco~e~ation on the need for the several traffic lanes in. the block of Salem Avers, S. W., between Jefferson Street and First Street. The motion was seconded by ~. You~ ~d un~usly adopted.. In this co.action, ~. ~nton moved that the City ~ge~ and the C~ty Auditor furnish Council with anestimated cost of the widening. The motion was seco~ed by P~. Waldrop ~d u~usly adopted. 290 . With fUrther reference to the matter, the President, ~, Webber, advised that the plan called for the setback line to be masaru-ed from the.present south side of the street and that he feels the City Attorney should give a ruling in this connection~ whereupon, ~, Young mo?edt hat the City Attorney give Council an opinion as to the le4ality of taking all the land from the north side of the street for the proposed widenin~ to the Benefit of property owners on the south side. The motion was seconded by ~r, Waldrop and unanimously adopted. ZONING: The following comm~nication from the City Planning Com~lssion, with reference to a request fromm. Reuben E. Lawson, Attorney~ for the rezoning of property designated as Official Nos. 2011802 and 2011803, was before Council! "~une 26, 1953. The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. aentlemen: In reply to your letter of April 23, 1953, referring to the City Planning Cozx~lssion for study, report and reco~endation, a petition signed by Reuben E. Lawson, Attorney, representing Alleghar~ and Dunbar Corporation, owners of property at 17 Gllmer Ave., N. W., described as Block 3, O. S., 1~ 1, Of. No. 2011803, and the Ace Realty Corporation, owners of property at 21 Gllmer Ave., R. described as Block 3, O. $., hW 1, Of. No. 2011802, asking that said properties be resorted from a General Residence District to a Business District: The properties in question, and Official Log No. 2011601, are situated in the irregular-shaped plot located on the north side of Gllmer Avenue between Gainsboro Road and let Street, N.W. The · properties located lm~ediately east and northeast are non-conforning business uses. The properties on the south side of GXlmer Avenue and west of let Street are zoned as a Business District, as indicated by the Zone Plan Maps. An office building is now located on a portion of the plot designated aa Of. Lot No. 2011801. In vlew of the location of said properties, and the existing business uses thereon and adjacent thereto, the Commission is of the opinion that said properties are suitable for office bulldin~s, one of the contemplated uses, and that the resorting of the plot would be in keeping with the Zone Plan for that immediate area. The City Planning Commission recom-~ends to City Council that the request of thc petitioner to rezone said properties to a Business Dlstrlct be .~ranted. It is recommended, further, that the remaining property, Official Lot No. 2011801, on which is now located an of£1ce building, also be resoned to a Business District. RespeCtfully submitted, (Signed) George Dun~llnson, ~r. Vice-Chairman." liv. Waldrop moved that' th~ City Clerk publish proper notice of a public hearir~ on the request for resorting to be. held at 2:00 o'clock, p. m., ~uly 2?, 1953, and to also include Official No. 2011801 in the hearing as recommended by the City Planning Commission. The motion wam seconded by Mr. Minton and unanimously adopted. ZONING: The following com~unication from the City Planning Commission, with reference to a request from Mr. E. Z. Crawford for the resorting of property deslgnmted as Official Nos. 2660~17 and 2660~16, was before Council: '~une 26, 1953 The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia.. In reply to your letter of February 21, 1952, referring to the City Planning Cor~lssion for study, report and reco~m~endatton, a communication from E. S. Crawford, requesting that his property located on.the south Lots 1 and 2, Narkley Map, Official No~ 2660~17 an~ No. ~$60~1~. be The Co~ssion has had this question under.consideration for some time, along wlth other requests for rssoning, and has made inspections of the.property in question and the immediate neighborhood on several occasions. One of the lots ia nov occupied by a residence, which, it is understood, contains two or more apartments. Existing businesses in the i~ediate neighborhood are non-conforming uses. In view of the fact'that thar~ ars other properties located farther west on Holroao Avenue which have. been zoned as a Business District, but have not yet ~een deYeloped, the Commission ia of the opinion that there is no necessity for creating an additional Busineas District in the Washington Heights area at this time. The Commission ia further of the opinion, in view of the lack ~f knouledgo of an~ proposed plans for the immediate development of said property for ~usiness uses, that the denial of the request will not result in undue hardship to the petitioner, The City Planning Commission recommends to City Council that the request to rezone said property to a Business District be denied. Respectfully submitted, (Signed) George Dunglineon, Jr. Vlce-Chairman.' In a discussion of the reco~mendation, the City Clerk advised Council that Mr. Craw£ord is now living in Florida and that he was not notified that the above matter would be brought before the body at the present meeting. The City Clerk was requested to write Mr. Crawford and to ascertain if he wants to request a public hearing on the request for rezoning and to pla~e the matter back on the agenda at a later date. ZORING: A petition from Mr. T. L, Plunkett, Jr., Attorney, representing G. G. Fralin and Ollia P. Fralin, asking that property located on Willimmson Road, described as Part of Lot l, Block 4, Upson Addition Resurvey ~ap, be resorted From General Residence District to Business District, was before Council. In this connectio~, the City Clerk brought to the attention of Council the following com_~unication from the City Planning Commission: "June 26, i953. Thc Honorable R. L. Webber, Mayor, and F~mbers of City Council, Roanoke, Virginia. aentlemen: In connection with a petition filed with City Council by T. L. Plunkett, Jr., Attorney for O. G. and Ollie P. Fralin, owners of property located on Wllliamson Road~ ad,scent to Oakland School, designated as Part of Lot 1, Block 4, Upson Addition Resurvey, Offlcial LOt Es. 3160127, requesting that the remaining portion of said lot be rezoned from a General Residence District to a Business District: This question has been brought to the attention of the City' Planning Commission, and, assuming that City Council will refer the request to the Commission for study, report and recommendation, prompt action has been taken because of the circumstances in the matter. A portion of said property was zoned as Business by Roanoke County, and the building thereon, now occupied by Kroger's, was constructed prior to annexation, said building extending into a portion of the lot zoned as Residential. It is understood that The F~oger Company has a long-time lease on the present building, and is in need of an addition, 50 x 61 feet, which the owners desire to construct on the rear, the remaining portion of the property to be used for parking in connection with the use of said building as a grocery store. An investigation has been made of the property in question, and the existing conditions in the i~ediate vicinity. The Comm/ssion is of the opinion that the proposed use of said property is a natural extension of the existing use which serves the Wllliamson Road section, and that the rezoning of the remaining portion of said lot will not change the character of the neighborhood or adversely affect nearby residential properties. The City P~anning Comm~sslon recommends that City Council ~rant the request of the petitioners that the remaining portion of Official Lot No. 316012? he rezoned to a Business District. Respectfully submitted, (Signed) George Dunglinson, Jr. Vice-Chairman." lt~. Young moved that the City Clerk publish proper notice of a public hea~lng on the request for rcsonins to be held at 2~30 o~clock, po m°s July 2?, 1953. The motion was seconded by H~. Woody and unanimously adopted. ZONIL~ A co~unication from Hrs. Fannie Ho Attalla, requeetir~ that her property located at 1801 Orange Avenue, N. W.s described aa Official No. be reached from General Real,anco District to l~siness Districts was before Council° On notion of Hro Waldrop~ seconded by Hr. Mlnton and unanimously adopteds the matter was referred to thc City Plannin~ Co~lssion for atudy~ report and recor~cendation to Council. RE~CRTS OP OF~ICE~S: STi~T IHFROYEP~h~S: A petition signed by twenty-two property owners, in the a?OO block of Avenel Avenue, 5. Wo, advising that they are willing to pay their proportionate part for curb, ~utter and side,elk construction in order to get their street paved, but that so far they have not been assured of any assistance this year, and stating that the dust created by traffic is unbearable and asking that acme Immediate action be taken to relieve this condition, having been referred to the City ~nager for study and report, he submitted the following report~ eRoanoke, Virginia June ag, 195~ To The City Council Roanoke, Virginia At our meeting on Monday, June 15, 1953, you referred to me a petition, addressed to City Council, concerning the 2700 block of Avenel Avenue. The petition was signed by Messrs. Frank E. Taylor, C. Rcby Miller, Bernard P. Trout, end ~eventeen additional citl~en~. A petition was turned in by this group around the first of April, 1953. At that tl~e, wa had already mailed out more than ~80,000.00 in assessments for ~lch we have only ~50,000.00 appropriated in the Budget for 1953. I have advised different members of ~he group that it would be impossible to accomplish %his work during the 1953 season; but if their petition was on record and asseaemen~e had been paid, we could do it in 19~ provided appropriations were made. With re£erence to the first paragraph, which states that my replies wore not favorable, I a~ advising you exactly what waa ~old the citizens. Respectfully submitted, (Signed) Arthur g. Owens City Manager" Mr. Hlnton moved that Council concur in the report of the City Manager. The ~otion was seconded by ¥~. Woody and unanimously adopted. STR~n-T IM2ROVE~NTS: A petition signed by %~en%y-eight property owners living on Imlay Avenue and Yen%nor Road, S. E., in the Garden City area, asking ~ha~ lm.-~ediata action be taken to improve the condition of ~mlay Avenue and Ven~no~ Road and advising that after the installation of water mains on Imlay Averse the contractor did not replace any gravel on the ditches, having been referred to %he City Manager for Investigation, study and report to Council, he submitted the following report~ "Roanoke, Virginia June 29, 1953 To The City Council Roanoke, Virginia Gentlenen: At our meeting on Monday, June 15, 1953, you referred to me a petition signed by residents on Imlay Avenue, S. E. A careful survey and inspection has been made pn ~his street; and we find it to be in very good condxticn for a grave~ street. The -2:93 contractor who laid the water main restored the street in accordance with his agreement° )ir. ~ohn L. Wentworth~ Director of Public Works, has advised me that he will maintain the street in accordance with the existing maintenance program provided for In the ~dget for R~spect~lly sub~tted, (S~gned) Art~r S. ~ens City Manageru ~. Woody ~ved that Council concu~ In the report of the City Hanager, The ~tion was seceded by ~. You~ ~d u~nimously adopted. C~Y PROPERTY-PI~ DEPARTUres A co~nlcatlon from ~. Walter H. Scott, Attor~y, aakl~ whethe~ or not the old fire house property located on Wllll~on Road, owned by the cit2, Is for sale, and IF so, at what price, having been referred to the City Manager For study a~ report, he submitted a written report, adv~sl~ that the city needs this property badly for the Civil Defense Program; and that he c~ot reco~e~ that the city sell lt. On motion of ~. You~, seceded by ~. Waldrop a~ unanimous!~ adopted, the reco~e~ation of the City H~ager was concurred TR~IC: A Joint co~nication ffro~ the Reverend Vere First Christian Church, and the Revere~ ~rlin E. Gerber, Pastor of Central Church of the Bret~en, ~th reference to parking In the vicinity of their churches on Church Ave~es S. W.p havl~ been referred to the City Manager For atudy a~ report, he submitted written report, together with the follo~i~ plan covering .the parking proposal around certain downtown and other churches, the City ~Mnager recovering the adoption of the plan: 1. Sixth Street, S. W., east side from C~bell Ave~e to Marshall Ave. Now .... No parking Proposal .... No parklng Third Street, S. W., east Now ........ No stopping Proposal---Enforce law except S~nda~ side fro~ Franklin Rd, to Luck Ave. or etandinE properly 3. 300 and h00 Blocks Church Avenue, S. W. Now ........ North side - No parkl~ Proposal---No perking except Sunda~ Third Street, S. W., from Elm Ave. to Highland Ave., S. W. BIEhlsn~ Ave., S. W., from Third Street to Franklin Road. Now ........ Parkir~ permitted Proposal---No parking West side of Third ~t. from Elm Ave. to Hi.land Ave. South side of HI.land Ave. from Third St. to Fra~lin lZ~ Block of ~ple Avers, $. W. Now ........ No parking west side Prcposal---E~orce law if needed 6. Fourteenth Street a~ Ke~ood Boulevard, S. E. Now ........ Parking pe~ltted Proposal---Ne parking east aide of Fourteenth Street Pelt Office (North side) Now ........ Pive-~nute t~e limit. ~oposal---E~orce law If needed In this co~ectlon, ~. J. M. Nace, repre~ntl~ the Waverly Baptist ~urch appeared before Council with reference to the proposal to take parkl~ off of the east side of Fourteenth Street, S. ~., ~. Nace statl~ that he would like to have parking per. fred on the east aide of Fourteenth Street since this vould be next to the' church property, and that if possible, he would like fop parkl~ to be pe~ltted during church on both sides of the street. :219.4 A~ter a dlscuiolon of the ~atterm ~, ~L~nton ~oved that the question be carried over until the next ~eetin~ of Cou~l ~o~ consideration, a~ that In the ~ant~me, the City ~na~e~ Sub.it cop~es off the plan to the church ~roups a~ected thereby. ~e ~tion ~as seco~ed by ~, ~aldrop a~ u~n~usly adopted. ~C~O~I~ ~N~O~ Council hav~ he~etoffore rejected all cffe~s to leas~ the fa~ 1~ at Coy~ ~n~s~ ~d hav~ ~erred the question back to the C~ty ~e~ to advertise ffo~ b~ds ~er s~ch ter~ and co~ltions as he shall deem advisable to the best interest oF the c~ty, he submitted the follo~ln~ repo~t~ to~ether ~th dr~t oF an O~ln~nce prepared by the Assistant Clt~ Atto~ney~ "Roanoke, Virginia June ~9, 1953 To ~he ~itl 6ouncil Roanoke~ Virginia Oentle~n{ You a~thorlled that I advertise for bids for the use of ~it~ p~perty at Coyner 8prints. The advertisement ~as printed In the local papers on Ju~ 7, 9, 10, and 11. ~opies are attached hereto for your inspection. ~. }Mx A. ~rray presented to us ~hat vm thi~ Is the best bid{ aM I ~ reco~endln~ that ~ ordinance be adopted~ authocizi~ the lease of the p~opeuty to Respect~lly subaitted, (Signed) Arthur S. ~ens City Manager" ~. Woody moved that Council concur in the reco~e~atlon of the City }lanager and that the following Ordinance be placed upon its first readi~. The motion was aero.ed by ~. Hlnton a~ adopted by the following vote: A~: Messrs. Minton, Waldrop~ Woody, You~, and the President, Webber ............................ ~YS: None ................O. ({i184~) AN O~INANCE pro.'tdi~ for the lease o~ certain City fa~ la~ located at Coyner Springa, in ~tetourt County, Virginia. upon certain ter~ provisions. ~. the Olty heretofore advertised for bids for the leasing of certain of the Oity's land consisting of approximately fifty (50) acres of grazing land and twelve (12) acres of alfalfa la~ located near Coyner Springs, In Botetourt County. Vlrgit~, subject to certain terms a~ conditions set out In said advertisement$ a~ ~, several bids have been made to the Oity pursuant to said advertisement aM the Oouncil has heretofore directed the ~ity Maageu to study said bids and to report to Council his reco~endations In the premises; W~. the bid of Max A. ~rray ~d W. Kent ~rray, trading as ~uray Orchard~. Is the hi.est ~d best bid for the lease of said property ~d the City ~ge~ has reco~ended that said bid be accepted a~ that he be authoui~ed to execute a lease on behalf of the Oity to said bidder co. latent with the ter~ of said advertis~nt ~d of said bid. T~ORE. BE IT O~AI~ by the Council of the City of Roanoke as follows:' 1. That the bid of ~x A. ~rray ad W. Kent ~rray. trading as ~rray Orchards, for the lease of approxi~tely 5~ acres of ~azi~ land and 12 acres o~ alfalfa la~ owned by the 0Sty near Co~eu Springs in Botetourt County, Vlcgi~a, :295 for a term from June 10, 19%3, to December 31, 19%%, at a rental of $%00.00 and upon the general terms contained in the City's advertisement for said bids be, and the same is hereby, accepted; and 2. That the City Manager be, and he is hereby, authorised and directed,. for and on behalf of the City, to execute a written lease of the aforesaid lands to the said bidder, said lease to be upon such form as is prepared and approved by the City Attorney or Assistant City Attorney and to be upon such terms and conditions as are approved by the City Hanager but to provide, inter alia, for the following: (a) That the $%00.00 rental shall be payable as follows: $100.00 cash, payable upon the effective date of this ordinance; $200.00 cash, payable on January 1, 19~; and $200.00 cash, payable on January 1, 1955; (b) That the land shall be used by the Lessee only for g~azing and haymaking purposes and not for general cultivation; (c) That the Lessee will keep briars off of said land and will do such cleaning of the land as nay be necessary for the best advantage of the pasture and may, at his election, reseed any or all of the alfalfa land at the Lesses's (d) That the fences shall be maintained by and at the expense of the Lessee; (e) That the City will in no way be responsible for any d~age done the property of others by any livestock of the Lessee; and (f) ThAt the said lease may be renewed upon Its ter.~nination for a further period of two or three years by mutual agreement between the City and said The Ordinance having been read, was laid over. ~UDGET-WATER DEPART~NT: The City Manager submitted written report, together with the following request from the Acting Manager of the Water Department that authority ~e given to advertise for bids for four trucks for use in the Water Department, stating that he concurs in %he request: "June 12, 19%3 TO: Arthur S. Owens FROM: O.H. Ruston SUBJECT:Replacement of Automotive Equipment We have the following four pieces of equipment that have arrived at the point where operation an~ maintenance coat has become excessive, and the equipment should be replaced. If the equipment Isn't replaced, we will have to spend approximately $~,000o00 immediately to keep them on the street. T~uck No.. Make Style year Age Mileage Chevrolet 1-1~2 Ton 19~0 13 24,000 ~ Dodge 1-1~2 Ton 1937 16 1~ Dodge 2 Ton 193~ 1% 53,000 16 Ford 1-1/2 Ton 1939 1~ 33,000 The mileage has all been City mileage and doesn, t reflect the true condition of the trucks. I would like to replace this equipment with trucks equipped with modern utility bodies similar to those used by the Appalachian Electric Power Company so as to greatly speed up our work and keep cost down. I would estimate the coat at approximately $~0,000.00 less any trade- in value. T~!s Is a replacement item with four trucks to be traded in for I hereby request authorisation to prepare specifications and have the Purchasing Agent advertise for bids. I would welcome inspection of this equipment by you and councilmen at your convenience. (Signed) O. H. Ruston" : 296 In.a discussion of the ~atter, ~m. Nlnton stated that res trucks have already been purchased for the Water Department and that he would like for the purchase of the additional trucks to go over until next year's budget if possible, K~. ~lnton moving that the City ~anager check moro closely into the condition of the t~ucks and report back to Council at its next meeting. The motion was seconded by Fr. Waldrop and unanimously adopted. JUVENILE DETENTION HOKg: The request of a group of women from the Woman's Missionary Society of Calvary Baptist Church, headed by Miss Elsie l~offitt, that an educational director be secured to direct the studies and play activities of the delinquents at the Juvenile Detention Home, havir~ been referred to the City ~anager for investigation with the School Board and to report back to Council with his recommendation, he submitted the followin~ report: "Roanoke, Virginia June 29, 1953 To The City Council Roanoke, Virginia Sentlenen: At our meetir~ on June 1, 1953, you referred to me a request from Miss Elsie Proffitt, 1225 Third Street, S. W., with reference to the need for an educational director at the Juvenile Detention Home. I conferred with Mr. D. £. McQullkin, Superintendent of Schools; and he advised me that at one time an educational director spent a portion of her time at the Home; and from time to time, voluntary contributions have been made by interested citizens in the way of their talents toward helping the boys and girls. Such a progra~would necessitate an appropriation for a teacher from the School System; and it is our belief that the State might pay one half the cost. However, Fr. McQullkin is doubtful that 'the load factor would be sufficient to employ a full time person, We are of the opinion that if such a program is begun it should be on a part- time basis with other duties assigned staff personnel at the Detention Hone in addition to this educational work. If Council considers this, I believe that with our limited funds we should file the matter for discussion in the 1954 B~dget study. Respectfully submitted, (Sl~ned) Arthur S. Owens City Manager" Fr. Woody moved that Council concur in the report of the City Manager and that the matter be referred to 195~ budget study. The motion was seconded by Mr. Young and unanimously adopted. RECREATION DEPARTHENT: Council having concurred in a previous report submitted by the City Manager, advising that he had given notice to Fr. R. A. Alouf as owner, and F~. J. W. Boswell as agent, of the city's intention to terminate its lease on the building used by the Teen Age Girls' Center at Fifth Street and Campbell Avenue, S. W., as of June 30, 1953, pending necessary improvements to the building to comply with safety rules and regulations, the City Manager submitted the following report: "Roanoke, Virginia June 29, 1953 To The City Council Roanoke, Virginia Oentlemen: I have been advised by Mr. J. W. Boswell and Mr. R. A. Alouf, rental agent and owner of the building housing the Teen Age Girls' Center, that they will proceed with the proposed improvements at .the Center and hope to have it available within 30 to 60 days. 297 They £eel that, since the cost of. the ir~3rovements Is considerable, the City should enter into a lease for one year from July 1, 1953, in order that their expenses may be amortized. This office sees no objection to the proposal and would recommend Its accomplishment, Respectfully submitted, (Signed) Arthur S. Owens City Manager" In a discussion of the matter, Council was of the opinion that any new lease should not extend beyond December 31, 1953J whereapon, Hr. Woody m~ved that the City Attorney prepare t~e necessary measure authorizing the leasing off the building by the city until December 31, 1953, and that the building not be leased until it has been altered to meet the requirements of the Fire Marshal. The motion was seconded by Mr. Young and unanimously adopted. AIRPORT: Council having previously deferred action on draft of an Ordinance, providing for the rental of space on the second floor of the new ~dministration Building at the Roanoke Municipal Airport to American Alrlines~ Incorporated, at the rate of $2.00 per square foot, and having referred the matter back to the City Manager to negotiate with American Airlines, Incorporated, for a rate of at least 53.00 per square foot, he submitted the following report: "Roanoke~ Virginia June 29, 1953 To The City Council Roanoke, Virginia Gentlemen: You directe~ ne on May 18, 1953, to advise American Airlines of your desire to have a rental rate of $3.00 per square foot for the use of space on the second floor of the Administration Building at Roanoke Municipal Airport. American Airlines has advised me that they are terminating their rental of 375 square feet of floor space as of June 30, 1953. They have been paying $2.00 per square foot per year; and they do not feel that the use of the space Justifies the payment of $3.00 per square foot. Respectfully submitted, (Signed) Arthur S. Owens City Manager" After a brief discussion of the r~atter, Hr. Young m~ved that the report be filed. The motion was seconded by Hr. Woody and unanimously adopted. WATER DEPARTMENT:. The City Manager submitted the following report, in connection with an unpaid water bill for water service to the residents of the Blue Ridge Heights section of Vlnton which te served by one meter at Water Road and Marshall Avenue, Vinton: "Roanoke, Virginia June 29, 1953 To The City Council Roanoke, Virginia. Gentlemen: On April 27, 1953, I presented to you a proposal from Ym. Fred Stiff, Chairman of a Water Co~uittee from Blue Ridge Heights, Vtnton, Virginia, concerning the proposal for the installation of certain water mains in Blue Ridge Heights and to permit the Town of Vinton to furnish water to these eitizen~. The records show, in your File ~68-B, that the matter was taken under advisement. At the present time, there is an unpaid water bill of $1,~2.~8; and I recommend that et.ps be taken immediately to have the accounts paid or that subsequent necessary action be taken. Respectfully sub=~tted, (Signed) Arthur S. Owens City Manager" :: 298 In this connection, Hr, J, R. Johnson and Hr. R. L. Cook, members of the Water Committee representing thewater consumers in the Blue Ridge Rei/ghts section~ appeared before Council, Hr. Johnson stating that they have been waitin~ to hear something from the City of Roanoke on the proposal that ~he customers be turned over to the Town of ¥1nton~ etatin~ further that the people are ready and wlllin~ to pay up~ but that they would like to have some definite arrangement which would prevent a recurrence of the existing condition. Hr. Cook stated that he feels confident the people will pay up at once if they receive individual bills from the Water Department. Hr, Young stated that he feels the group will be in a better position to negotiate for water service If the unpaid bill is settled first, stat/nE further that because of the single meter and the high consumption of water the individuals are getting a far lower r~te than the individual familial Of Roanoke are getting, Hr. Young stating further that the co~nittee m~mbers are fm~iliar with all of the residents of the Blue Ridge Heights area and that he feels the group headed by Hr. Stiff can call upon the people and make the collections, concludin~ that if they make a genuine effort to collect the unpaid bill he for one will do what he can to work out a satisfactory plan for the residents of the area. ~. lttnton stated that he feels the bill will ha~e to be paid before any decision can be reached for future water service to the area and moved that the co,~mittec headed by Fa'. Stiff be requested to negotiate wlth the approximately seventy-eight users of water in the Blue Ridge Reich. ts section and make every effort to collect the unpaid bill in the ~ount of ~1,~82.68, and to report back to the City Manager, and that the City Manager and thc Manager of the Water Department be requested to lend any assistance they can to the committee in co~nection with the collections. The motion was seconded By ~m. Woody and unanimously adopted. DEFARTKEd-f 0P PUBLIC WELFtRE: The City Eanager submitted written report from the Department of Public Welfare, covering the expenditures and activities of the department during the month of Hay, !953, in compliance with Sections 63-67.1 and 63-67.2, Code of Virginia. The repo~t was filed. AL}~HOUSE: The City ManaEer submitted written report from the Almshouse for the month of Hay, 1953, show[m~ a total expense of ~1,53~,68, as compared with total expense of $1,710.07 for the month of May, 19~. The report was filed. DF3~TKENT OF PUBLIC WE~VABE: The City Fmnager submitted written report from thc Department of Public Welfare for the month of May~ 1953~ showing 1~97 cases handled at a total cost of ~69,062.91, as compared with 1,~5~ cases handled at a total cost of $60,7~9.15 for thc month of May, The report was filed. REPORTS: The City Manager submitted written reports from the Department of Public Works, the }Mnictpal Airport and the Police Department for the month efMay~ 1953; also, a report from the Health Department for the month of February, as well as reports from the Health Department for the months of Fmrch~ April and Ray, 1953. The reports were filed. 299 POLICE DEPARTI~NT~ Tha Clty Hanager submitted written roport~ advisin~ that p~. Randolph Fo Creger~ ~ member of the Police ~part~nt, has resigned effective July 1~, 19~3~ and ~at ~. Howard T. Dav~s, a ~er of the Police Department, has resig~d effective June 30, 19~3. The report ~as filed. ~-~CIF~ COURT~ The City ~e~ sub~tted ~r~ten report that the Chief ~nicipal Judge o~ the ~nicl~al Court has r~ested an additio~l appropriation o~ $3~.00 fo~ extra help In the ~ic~al Court. ~. ~oody~ved that Council concu~ In ~e request of the Chief Judge a~ offered the fol~c~i~ e~ergenc~ Ordina~e~ (~11~) A~ O~I~CE to ~end and reordain Section ~2~, ~nici~al Court~, off the 19~] ~d~et O~lnance, and providing Fc~ an emergency. (For ~11 text of O~lnance, see Ordl~nce ~ok No. 1~, Fa~e ~. ~oody moved the adoption of the Ordinance. The motion ~. H~nton and adopted by the follo~in~ vote: A~: Hes~r~. Hlnton, ~oody, Your, and the President, ~. ~ebber NAYS~ None .............. O. (~. ~aldrop not votl~) ~DO~-}~NICIPAL BUI~ING AN~C The City Fmna~e~ submitted ~itten report, togethe~ with a lette~ fron the Directo~ of the Welfare Department a~ the ~ild1~ Inspector, advising of the need for a new day bed In the Ladies' Rest ~oom on the first floor of tho ~nici~al ~ildi~ Annex a~ lnfoming Council that 2uch a bed can be purchased for $~.9~, the City Kanaeer reco=e~[~ that the bed be purchased and char~ed to the ~ntcl~al ~ildl~ Account. On motion of ~. Woody, seconded by ~. You~ a~ unanl~usly adopted, the reco~ation cf the City }Mnage~ was concurred B~O~-BUI~It~ ~ PLUMING I~PE~TION: The City Fmnageu submitted written report, together ~lth a letter from the ~ildln8 Inspector, requestl~ authority fo~ the purchase of copies of the ne~ ~ildin~ Code of the City of Roanoke. In a discuss[on of the ~tte~, both with'the ~ilding Inspector and the City ~ger, it was a~eed that 750 copies of the Code should be made available; whereupon, ~m. Wallop moved that the ~rchasl~ Agent be authorized to place an order fo~ 750 .copies a~ offered the follcwtn~ Resolution: (~i18~6} A R~O~ION authorizing and directin~ the ~uchasl~ Agent to purchase 750 copies of the Official ~lldl~ Code of the City of Roanoke, 1953, ~d autho~lzin6 ~d directing the City Audito~ to approve the re~isltlon for the ~urchase of said copies pending an appropriation of ~nds by the Council of the C2ty of Roanoke upon dete~ln~tion of the actual cost thereof. {For ~11 tex~ o~ Resolution, see O~lnance Book No. 19, Page 397.) ~. Waldrop moved the adoption of the Resolution. The ~otion ~as seconded by ~. ~nton and adopted by the followln~ vote= A~S: ~essrs. Hlnton, Waldrop, Woody, You~, and the President, ~YS: None ................ O. ~O~-CITY T~U~: ~fl City ~ana~er sub~tted written report, together w~th a re,est from the Cl~y Audito~ that $3,8~0.~ be appropriated to the ~dget of the City Treasure~ for the purchase of cigarette ~. You~ ~ved that the request be concurred In a~ offered the followl~ emergency Ordinance= (~llB~?) AH ORDIHANCE to amend and reordain Section ~8, 'Treasurert, of the 19S3 Budget Ordinance, and providing for an emergencyo . - (For full text of Ordinance, see Ordinance Book No, 19, Page 39?.) Hr. Young moved the adoption of the Ordinance, The motion was seconded by Hr. Woody and adopted by the follouing vote: AYES: Heesrs. Hlnton, Waldrop, Woody, Young, and the President~ Hr, Webber ......................... · ~YS: None ............. O. - BUDGET-EEALTH DEPARTENT: The City Manager submitted written report, together with the following comr~inication from the Co~issioner of Health, in :onnoction with the City Health Department Venereal Disease Clinics: 'June Pt, 1953 Re: Funds for the operation of the City Health Department Venereal Disease Clinics Fm. Arthur S. Owens, City Y~nager, Roanoke, Virginia. Dear Hr. Owens: Attached is a copy of the letter received from the Virginia State Commissioner of Health advising us of the withdrawal of subsidized funds for the payment of local doctors to hold the VDClinics. Four such clinics per week are being held at present, and each clinician receives ~?.50 a clinic up to 20 patients and $10.00 for over 20 patients. The total annual cost last year averaged between $1,500.O0 and $2,O00.00. A large percentage of theme patients now treated are from the City Jail or are referred by local doctors. The program Xs important in that it provides a place for the treatment of a large segment of the population who would otherwise be exposing the public to Infection. Restaurant workers and maids in households now compose a large percentage of the clinic patients I, therefore, think it is important to every resident of Roanoke that this progra~ be continued. I propose, that since the State will continue the drugs, the City appropriate a sufficient a~ount to remunerate the doctors for their services in these City Health Department clinics as was done in the years before State and Federal subsidies for the treatment of these ir~ected patients. We have summarized our clinic attendance and flnd for the past year we held 201 clinics with 4,?68 patients to visit the clinics. With ~ clinics per week, this ~ounts to over 23 patients per clinic. Since these funds will be withdrawn next week, as of July 1, 1953, an emergency exists, and I believe ir*~edlate appropriations are Yours very truly, (Signed) j. N. Dudley J. N. Dudley, M. D. Co~!ssioner of Health" In a discussion of the letter, the City Manager suggested that Council defer action on the request, and that since the state will continue to furnish the drugs, he will try to work out a plan whereby doctors would voluntarily give their time to the work, otherwise an appropriation of $1,500.00 to $2,000.00 will he required to carry on the work. On motion of Hr. Waldrop, seconded by Hr. Minton and unanimously adopted, the recommendation of the City Manager was concurred in. STORMDRAINS: The City Hanager submitted written report, together with the following letter from Dr. Byron H. Cooper, with reference to a proposed geological study of the city: ~une 26, 19~3 ~OI~OSAL FOR GEOLOGICAL INVESTIGATION TO DETERMINE PEP~I~ENT DATA A~ T0 ~ ~CO~ATIONS CONC~NINO U~GROU~ DISPOS~ OP A ~e~ o~ ~avorable factors surest the feasibility o~ utilizl~ u~e~srou~ ~ater courses fo~ disposal of sto~ ~ate~s acc~lati~ In the llll~on Road section of the City of ~oanoke. In order to determi~ the extent to which this disposal la feasible, to outline the areas tn which such disposal see~ most p~mising, ~d to develop specific reco~atio~ for conat~ction of ~e necessary l~tallatio~ to make u~er~rou~ disposal of sto~waters practical, it ia proposed that a detailed geologic map of the area be prepared. ~la ~p w~ld l~lcate by appropriate patterns ~d s~bols the v~lous kl~s of bedrock u~erlyl~ the area, the presence of faults ~d Joint syste~ which could be utilized In u~erg~cu~ disposal of surface waters, ~d all other pertinent geological data, lncludl~ locations o~ exlstl~ells, bedrock e~osures .in si~ole areas, and local ~ou~water levels. ~e mp would serve as the baals for a detailed report with reco~endatio~. ~e proposed investigation would-be carried on In collaboration with the Engineering Department of the City of Roanoke. The ~cessa~ field work a~ preparation of the report would be co~leted by October 1, 19~3, a~ ~uld be done by the u~ersigned at days and times when he could be on leave from his duties at Virginia Polytechnic Institute. Considering the mlnl~m field work that would be involved .... estl~ted to be three weeks ....It Is suggested that the work be done on a flat fee basis For a sum of $1,2~0 which includes ~ services ~d all expenses For travel, supplies, and Incidental ~eds. If the survey needs to be concluded In less than the mlni~speclfled time, the charge will be on the basis of $65 per day plus e~e~es. If more than the minl~ time mentioned should be required, there ~111 be no additional charge. Pa~ent for the service wlll be left to discretion of the City, based upon their acceptance of the report as fulfllll~ the proposal ss herein outlined. Respectfully submitted, (Signed) Byron N. Cooper" ~ter a brief discussion of the matter, Hr. Woody moved that the City Attorney prepare the necessary Ordinance providing for a contract with Dr. Cooper and approprlati~$1,250.O0 for the geological study. The motion was secomMed by Mr. You~ and unanimously adopted. ~PORT5 OF CO~ITT~: WATER DEPARTed: Council having by Resolution No. 116~ appointed a co~tee to ~ke certain studies In connection with the city's Water Department ar~ to report its findl~s' and reco~endatlons to the body, the co~lttee submitted the followl~ report on the Washl~on Hel~ts Elevated Ta~ site: "June 2~, 19~3 Hoanoke City Council Roanoke, Virginia Gentlemen: Youm Committee to study and report on the fencing of the Washl~ton HeiSts Elevated Ta~ site respect~lly submits the following report: The Committee has thorou~ly investigated the problem, Including the past, present, a~ reasonably foreseeable future, problem, includi~ the legal aspects, current operating problems, a~ future new const~ctlon on the lot of l~d as now owned. We find that the cost of erecting a substantial, 7-foot, non-cll~ble fence, equipped with the necessary gates to have been taken from co~etitive quotations of las~ Dece~eri a~ these prices have been re-affixed as of this date. We note that the 0.07 acres of la~ proposed to be conveyed to ~s. Arnold originally cost the City the s~ of $6~.%0. We also find that to fence In the entire present holdl~s would cost ~298.00 more th~ it ~uld to fence In the land ~i~ ~ter such conveyance to ~s. Arnold. We find that the land proposed to be conveyed to ~s. Arnold was a part of a tract of la~ acquired by the City upon the pa~nt of the delln~ent taxes, partly to Ho~oke County ~d partly to Roanoke City, and that it would have been impossible to have excluded in that transaction the la~ now proposed to be conveyed to ~s. ~nold. We find that tn the opinion of the Water Department, the portion proposed to be conveyed possesses no material value now o~ In the ~ture to the Water Depart~nt, a~ that this opinion is ~lly e~orsed by ~. L. R. Howson, the City's consultant. 301. : 302 We, therefore, recommend the prepa~ation of an ordinance and the ensuin~ deed of conveyance to Mrs, Arnold of the 0.07 acre as proposed and the erection of a ?-£oot non-climablo fence. Respectfully submitted, (Sl~ned) Walter L. Youn~ (Signed) Roy L. Webber (Sl~ned) Ran Oo Whittlo Igi~ned) HerrZ R. Yatea (SIzned) H., Cletus Broyles (Si~ned) Arthur S. Owens (Sl~ned) Chas Eo Moore On motion of K~. Woody, seconded by Hr, Hlnton and unanimously adapted, the repot[ of the committee was concurred in and the matter was referred to the City Attorney to prepare the necessary measures to carry out the recommendation of the co~ltteeo In this comnection, the co.?nuittea with reference to the Fencing o£ the tank sub.trod the following additional report site: "June 23, 1953 The report was filed. (Si~ned} Har~ S. Yates (Si~ned) H. Cletus Broyles (Stoned) A~thur 5. Owens (Si~ned) Chas E. Moore The committee then subnltted the following report on the study of the problem created by the taking of the Water Department property fronting on Norfolk Avenue, S. E.: "June 23, 1953 Roanoke City Council Roanoke, Virginia Gentlemen: Your co:=:~ttee %0 study the problem created by the takir~ of Water · Department property fronting along Norfolk Avenue, S. E., between Jefferson and First Streets as a part of the overpasm project, met early in ~anuary. The meeting was adjourned to meet again as soon as data as to the value of property fronting on the north side of Salem Avenue and on both sides of th9 present Water Department property was available. This data was made ready and the Co~ulttee again met on Friday, June 19th. Roanoke City Council Roanoke, Virginia 6entlemen: During your Committee's study of the fence question, we deemcd it advisable to ascertain the savings in dollars that might be realized should a non-climable, protective fence be erected around the present tank only, and fence the balance of the present holdings, as provided in the agreement with Dulaney, with the least expensive cattle fence. There would be a reduction in the non-climeble fence in the approximate amount o£ $871.00. and the addition of $250.00 for a cattle fence, resulting in a net saving of $621.00. We do not racom=end the foregoing s~bstitution. Respectfully submitted, (Sl~ned) Waltem L. Your~ (Signed) Roy L. Webber (Si~ned) Ran G. Whittle Various plans wero discussed, and the meeting adlournsd to bo reconvened at an early date. Respectfully, ($1~ned) Walter L. Youn~ (Signed) Roy L. Webber (Sl~ned} Ran O. Whittle (Sl~ned) Harr~'R. Yates (Sl6ned) H. Cletus Brozlee (Signed) ~rthur S. Ovens (Si~ned) Chaa E. ~oore The report was filed. 20RI~: Council having taken under advisement the request of the Board of Zonir~ Appeala that Section 43, of Chapter 51, Zoning, of the City Code, be ar~ended, them~tter was again before the body; whereupon, ~o Waldrop moved that the request to snend the section be referred to the City Attorney ~o prepare the proper O~dinance. The motion waa seconded by H~. Youn~ and unanimously adopted. WATER DF~PART,V~ Council having deferred action on the reco.-~endatlon of the City Haneger that the contract of Corer ¢onst~nction Company~ Incorporated, for the lrmtallation o£ water mains in the northeast sectlon o£ the city, be amended to cover the extra excavation on Liberty Road, N. Eo, end on Kessler Road, No Eo, tn the total ~ount of ~3,O05.00, the matter ~as a~ain before the body; ~hereupon, H~o ¥oun~ moved that the body concur in the reccr~endation of the City Han~ger end tha~ the matter of amendtn~ the contract be referred to the City Attorney to prepare the proper measure. The notion w~s seconde~ by Hr. ~inton and unanimously adopted. BUD~EToD~P~.~TI~NT OF ?UBLIC ~L~ARE~ Council at it~ last regular on June 15, 19~3, havln~ deferred action on the proposed ne~ budget of the Department ~£ Public Welfare of the City of Roanoke for the period fr~m July 1, 1953, through June 30, 195h, showing a grand total of $839,580.00 for assistances, the matter was a~atn before the body; whereupon, ~vm. Young offered the following Re~olution= (#118~8) A RE~0LUYt0N approving for submission to the State Department of Public Welfare the twelve months~ estimate of expenditures for the ~epartmsnt of Public Welfare of the City of Roanoke for the period from July 1, 1953, through June 30, 195~, showing a total for assistances amounting to $639,580.00, as presented to the Council of the City of Roanoke at its ret~ular mcetinl on Hondey, June 15, 1953; authorizing the City ~mnager to certify said approval to the proper author[tiesi'end providing fo; an emergency. (For full text of Resolution, see Ordinance Book N~. 19, PaS; 398.) fir. Young moved the adoption of the Resolution, The motion was seconded by Hr. Waldrop and adopted by the follcwl~ votei AYES: Kessrs. ~lnton, Waldrop, Woody, Young, and the President, Webber .............................. NAYS: None .................. 0. It appearing that approval of the proposed budget including assistances totalin~ $839,580.00 necessitates certain changes in several categories of the Welfare Budget, Fl-. Woody offered the f;llowin~ emergency Ordinance~ '.303 ::304 |~118~9) AR OP. DINANC~ to a~rd and reordain Seetlonl~a~ Assistances', of the 19~] ~d~et O~l~ce~ a~' p~ovldl~ foe an e~tency. (For ~11 text of 0rdl~e, aec ~dl~nce ~ok No. 19, ~a~e ~. ~ood~ moved the adoption of ~e Oedl~nce. ~e ~tlon vas seceded by ~. Nlnton ~ adopt;d by the follo~l~ votes A~: ~ssrs. ~inton, ~aldrop, ~oody, Y~, a~ the ~esldent~ ~. ~ebber ............ ~ ............... ~: ~one ...... ~ ......... O. ~AT~ D~: Council haY/~ at ~t. re~l~ ~eett~ on ~une 1~, taken u~er advl~e~nt the proposal ~e by the La~ PI~ off 5t~lcklere a~ Stp/okies, Attorneys, repre~entl~Heesrs. G. ~s[er Hash a~ L. T. Richardson, Executor~ of the Estate of Paul G. Hash, decea*ed, ~hereby the City of Roanoke ~ater Department would take over the pre~ent ~ate~ system and customers In the N~rth Hills ~ubdivielon cf Rcs~ke County, the matter vas again before the body. In a discussion of the matter, ~. Young advised that it Is his u~er- ~t~i~ that this eyetem at presgnt does not meet all of the rewairements off the Subdivision Ordinance as would be required of a subdivider ~ho miFht ~ake appllc~tton For water. After a ~rther discussion of the proposal, Er. Woody m~ved that it be referred to the City ~anager fo~ a ~tudy ~lth the Water Department of ~hat ~111 be re.aired to br[~ the system up to stand.ds ~et by the SuMivietcn Ordinance 'an~ the Rule~ mqd Re~lation~ of the Water Department as to co~ts~ etc. ~e motion wa~ seconded by Mr. You~ and unanimously adopted. TR~IC: Council having deferred action on a report of the City Hanager and the trifle survey and reco=endatlons of the Traffic Department, In connection with a petition =iEned by twenty-three citizens living in the vicinity of the intersection of ~aple Avenue. ~al~t Avers and First ~treet, S. sugge~tt~ a pedestrian cro~si~ at this intersection, un, il the City ~nager furnished copies of 'the proposals and recommendations of the Trifle Department to the members of the body, the matter was again before the bodyl whereupon, Woody norad that th~ ~tter be referred to 19~ budget study. Tbs notion was seconded by Fm. Waldrop and unanimously adopted. TR~IC-CITY FROP~Y: Council havi~ previously taken u~er consideration the request of the Memorial and Crippled Children's Hospital for the use of city ~roperty designated as Official No. 10~1002, located on the west side of Jefferson Street, south of Eoanoke River, for additional parkl~ facilities, and, also, the offer fro~ Dr. Andrew D. Shapiro, Dr. Rufus P. Ellett, Jr., Dr. J. E. George a~ Dr. Hlchard H. Lows, Jr., for the purchase of the ~aid l~d ag a consideration of $19,~00.~0 ca~h, to be used as a location for the offices of doctors, dentists, etc., the matter was again before the body. In a discussion of the matter, ~. Young stated that he does not thi~ city ha~ sufficient lands for parka and ~nicipal use ~d tha{ he doe~ not favor disposl~ of the land. In a ~rther discussion of the matte~, the City ~anaEer ~eco=~nded against disposi~ of the land, sta%lr~ that It is pla~ed to use the property In co.action with the South ~oanoke Fark; whereupon, ~r. You~ n~ved that the 'request from the hospital to u~e the l~d be denied and that the offer from the ~octors to purchase the la~ be rejected. The ~otlon was seceded by ~. ~nton a~ u~nimously adopted. CON$ID~?ION OF CLAI~ ~KI~.~. AND DO~-~TIC ~ELATION3 COU~T: Council havlr~ deferred action on the request of Dodeon and Pence, Law Flr~, that the City or Roanoke reimburse Mr. ~ack ~ohr~on In the a~ount of $240.00, covering hie earnl~ capacity for clx weeks of thc sixty days he served of a ninety day sentence, without benefit o£ a trial, t~ order to review certain~ltten records from the Police Department, the City ~ail e~ud the Juvenile ar~ Domestic ~elaticr~ Court, the ~atter was again before the body~ whereupon, Council was presented with records Fro~ the office of the City Sergecnt, the Bland Correctional Farm at ~lte Oate, Virginia, and the Police Department. In a discussion of the claim, Judge K. A. Pate, Juvenile and Domestic Helatlons Justice, and Mr. Haymond P. Stultz, Clerk, reviewed the case from the records of the Juvenile and Domestic Helaticns Court, and Mr. E, GrlfFlth Dodscn~ Jr., renewed his request for payment, pointin~ out the basle For his claim and calling attention to the letters and records on the case which have previously been before Council. Mr. Woody stated that he had rather see the city pay the claim than to. have ar~ question about whether ~. ~ohnson was tried or was net tried and moved that the City Attorney be requested to prepare the proper Ordinance authorizing payment and appropriatir~ the $240.00. The Lotion was seconded by ~. Waldrop and adopted by the following vote, the President, Mr. Webber, etatlng that the charge was tried under state law and that.he feels thc claim should have been referred to the state for consideration: AYES: Messrs. Minton, Waldrop, Woody and Young ............. h. NAYS: The President, Mr. Webber ........... 1. INTRODUCTION Ah]) O05~IDERATION OF ORDINANCES AND RESOLUTIONS: ZONI}~: Ordinance No. 11837, resoning property described as Blocks 12 and 1~, North Side Addition, Official No. 2120701, known as the Burre!l Memorial Hospital property, 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, Mr. Waldrop offering the following for its second reading and final adoption: (~11837) 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. 19, Page 394.) Mr. Waldrop moved.the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: F~ssrs. Minton, Waldrop, Woody, Young, and the President, Mr. Webber ............................... 5. NAYS: None ................... O. STREETS Ah3) ALLEES: Ordinance No. 11838, approving the vacaticn of an alley located between the property of the Church of God of Prophecy at 1610.Wise Avenue, $. E., and the property of the heirs of Mrs. Addle L. Buck at 1620 Wise Avenue, S. E., having previously been before Council for its First reading, read and laid over, was again before the body, Mr. Minton offering the following for its second reading and final adoption: :.305 '3'06 (~11838) AN ORDINARCR approvin~ tho vacation of the 10-foot alloy in the City of Roanoke, Virginia, lyir~ west of and parallel to l?th Stroet~ ~. Eo~ and bounded on the south by Wlae ive~me and on ths north by a Ir-foot alley runnin~ east and vost betweon 16th 5treat and l?th Ztrest~ S. E. {For full text of Ordinance, see Ordinance Book No. 19, Page Mr. Hlntonmoved the adoption of tho Ordinance. The motion was seconded by Ps. Waldrop and adopted by the followir~ votes AYES: Eesera. Elnton, Waldrop, Voody~ Young, and the President, Webber ............................. RAYS: None ................. O, STREET PAYINg: Council having previoucly roquested the City Attorney to prepare an Ordinance awarding a contract to Virginia Asphalt Paving Company, Incorporated, fo~ the paving of streets in various locations in the city~ he presented s~e; ~hereupon~ ]ir. ~lnton offered thc follo~ln~ as an emergency (~118~0) AN Ot~DINANCE awarding a contract to Virginia Asphalt Paving Co., InCo, For the pavln~ of certain streets in various !ocation~ in the City of Roanoke upon certain term~ and conditions; ar~t providing for an emergency° (For full text o£ Ordinance, see Ordinance Book ~o. 19, Page fir. Hlnton moved the adoption o£ the Ordinance. The motion was seconded by Er. ~a!drop and adopted by the fo!lo~lr~ vote~ AYr~: Ee~ars. Elnton, Waldrop, Woody, Young, and the Pre~ldent~ Webber ............................. NAYS: Eons ................. BUILDI}IG CODE: Council after holdir~ public hesrir~s on the proposed new Building Code havir~ directed the City Attorney to prepare an Ordinance adopting the Official Bulldin~ Code, he presented sane; whereupon, lit. Woody moved that Five additional amendments included in the Ordinance so that tho Code will refer to the mo~t recent editions of certain standard specifications and codes, as set out in a letter From the City Attorney and the Building Inspector, be read in their entirety and that the resdinc of the balance of the Ordin~nce be dispensed with since the draft of Ordinance has been read ab prior public hearings and copies furnished to each member of Council. The motion was Seconded by Mr. Waldrop and unanimously adopted. After the reading of the five additional a~en&~ents~ Er. Waldrop moved that the followin$ Ordinance be placed upon its First reading. The ~otion ~as seconded by Er. Youn~ and adopted by the followir~ vote: .AYES: ¥~esrs. Einton~ Waldrop, Woody, Youn~ snd the President~ Webber .............................. RAY~: None .................. O. (#11~1) AN ORDINANCE adopting by reference, pursuant to the provisions of iection a?-~.l of the Code of Virginia, that certain building code kno~rn as The Rational Building Code recommended by the National Board of Plra Under~ritera of. Ne~ York, bein~ particularly the 19~9 edition thereof and the whole thereof~ save and except such portions ac ~re hereinafter deleted, modified oP a~endedi also adoptin~ by reference all of the Standards o£ the ~aid National Board of Fire Under~riters For the Installa21on of Heat Producing Appliances, Heatlng~ Yentllatln~, Air Conditioning~ Blower and Exhaust 5ystem~ as contained in Appendix gIj to the aforesaid code, (not lesa than three copies of said Code and of said Apper~lx JIg have been a~d are now filed both in the office of the City Clerk of the City of Roanoke, Room No. 114, Euniclpal Bulldin~, and in the office of the Building Inspector of the City of Roanoke., No. 319 Second Street, S. where they may be obtained on week days between the following hoursj viz., Hondaye through Fridays from 8t]O a. m. to ~00 p, m. and Saturdays from 8130 a. m. to 12 otclock noo~,} for the purpose of establishing rules and regulations for the constz'uctionm altera%lon~ removal, demolition~ equipment, use and occupancy~ location and maintenance of buildings and structures, lncludinE permits and penaltiea; providin~ for the establishment of fire limits~ repealing all ordinances or parts of ordinances in conflict with the aforementioned code as herein a~ended~ and designating the manner in vhich this O~dinsnce may be cited and its effective date. (For full text of Ordinance, sss O~dinance Book No. 19, FaEe The Ordinance ~a$ laid In this connection, the City ~anager called attention to an additional Ordinance ~hich will regulate and provide for the ope~ation of motion picture booths and m~chinssl provide for the inspection and licensing of ~otlon picture booths and machines, and machine operators, resp~ctively~ etc., the City stating that the City Attorney has prepared the Ordinance and that it should be adopted in conlunction ~lth the ne~ Building Code since its provisions wore provided for in the old Bulldinf Code, but are not included in the ne~ Buildin~ Code. It being the opinion of Council that a public hearing should be held on the O~dinsnce before any action is taken, }~o Young moved that a public hearing be held on July a?, 19~3, at a:l~ o~clock, po ~., and that each nembe~ of Council be furnished with t copy cf the proposed Ordinance, and, also, that copies of the O~dinence and notice of the public hearing be sent to the operators of motion picture machines. The motion was seconded by Hr. Htnton and unanimously adopted. O~ADE C~0$$IEaS: Hr. Young brought to the attention of Council and offered the following emergency O~lnance, es prepared by the City Attorney, authorizing and directing condemnation proce~din~s in connection ~lth acqu!~ing a parcel of land needed in the construction of the Jefferson Street Grade Elimination Viaduct, of record in the n~=e of Thomas Allen [irk, et al: (~118~) A~ ORDINANCE authorizing and directin~ that condemnation proceedings be instituted to acquire, for and on behalf of the City of Roanoke, the fee simple title to certain real estate situated In the City ?f Eoa~oko, on the northwest corner of Salem Avenue and Jefferson Street, S. W., (being Official Tax Serial Lot No. 1010~13}, to be used as a right-of-way for the Jefferson Street Grade Elimination Vleduct and street purposes;.and providing for an emergency. (For full text of Ordinance, see O~dinance Book ~o. 19, Page ~00.) ~m. Young moved the adoption of the Ordinance. The motion was seconded by }~o Elnton and adopted by the following vote~ AY~S: Eessrs. ~lnton, ~aldrop, Woody, Moung, and the President, Webber ............................. NAYS: None ................. O. With further reference to the matter, Nm. Young offered tho following Ordinance, in connection with land of record in the name of ~llliamE. Bannister: aG8 {~118S3) AN 0~DINMICE authorizin/~ ~nd 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 situated in the City of Roanoka~ on the south aide ~f Norfolk Avenue, So Eo, {bains Official Tax Serial Lot No. ~010103}, to be uee~ as a rl~ht-o£o~ay for the ~efFerson Street Grade Elinlnatlon 71aduct and street purposeal an~ providing for an e~erge~y. {For ~11 text of Ordinance, are Ordinance ~ok No. 19, Page ~. Ycu~ moved the adoption or the 0~lnance. ~e motion ~aa seco~ed by ~. ~al~op a~ adopted by the follo~i~ vote: A~: Ee~srs. Hlnton, ~aldrop~ ~oody, You~, ae~ the President, ~ebbev .............................. ~YS: None .................. O, HOTIO~ A~ HISCEL~OUS D!~ecto~s o~ the Roanoke ~!ic Library expire ~ o~ June ~0, 195)~ ~he before Coun~ll~ the Pre~lden~ H~. ~ebbe~ c~ll~ ro~ nonina~ion~ ~ D~. E. D. Do~nin~ to succeed themselves and the n~ or ~s. Nancy Luken~ H~ll~on ~o ~Ill the vacancy, ~d the~e ~ei~ no ~u~he~ nominations, Gra~t~n Llndsey. ~r., and D~. E. D. Do~n~ ~ere ~ee~ec~ed ~o succeed ~he~selves and Y~s. Eanc~ Lukens H~lton ~as elected ~o ~111 ~he vacancy offs. ~alne (~esl~ned] ~s m~mbe~s of the ~oa~ oF Dl~ecto~ of the Roanoke ~bl~c A~S~ ~ess~. Hinton, ~aldPop, ~oo~y~ Young, and the ~reslden~, H~. ~5~ None ................ The Cl~y Clerk ~a~ lnsg~cte~ to ~o~ard to~s. C. G~att~n Llndsey~ ~d D~. E. D. Do~nln~ ce~iflc~tes oF thei~ ~ee!ectlon ~nd to ~. N~ncy LukePm H~mi!~on ceP~l~le~te o~ hep election. SgH~L BOA~: It appea~l~ ~ha~ ~he te~m~ oF ~. Ha~ln P. ~ks ~nd ~. ~irk Ri~ as members o~ the Roanoke Clt~ School Board e~ire ss of ~une 19~, ~he m~e~ ~as before C~uncll, ~he P~e~ldent, ~. ~ebbe~ c~ll!ng ~o~ ~. ~oody plsced in no~lnation the n~e o~ ~. J. P. C~l~ksha~ School ~s~ee ~o~ ~he City o~ Roanoke. ~e no~l~ion ~as necon~e~ b~ ~. ~oung. ~. ~. P. C~uicksha~ ~as elected as a School T~ustee for the Roanoke ~o~ a tem'o~'th~ee ~ear~ ending June 30, 195~, b~ the ~ollo~I~ vote~ A~S: Hes~rs. Hln~on, ~ald~op, ~oo~y, ~oun~, and the P~e~lden~ ~ebbe~ ............................ At this po!rig, the Presiden~ ~. ~ebbe~, ~elin~hed the ~l~ to the vacaney~ ~h~eupon, ~. ~n~on placed In no,nation the n~e o~ ~s. G~ove~ Llgon a~ a School T~stee fo~ the Clg~ o~ Roanoke. ~e non~na~ion ~a~ seconded School T~tee ~o~ the City o~ ~o~oke fo~ ~ term oF three ~es~s eMi~g ~une m m AI'F~: Messra. Hlnton, Waldrop, Youn6, and the Vice-President, Woody ...... ..................... NAYS: None .............. O. {HA*. Webber not voting) At this point, the Vice-President, Mw. Woody, relinquished the Chair back to the President, }iv. Webber. The City Clerk was instructed to notify l~. J, P. Crulckehank and Hrs. Orover 5. Ll6on of their olection to the School Board end to forward them proper certificates in order that they may qualify before the Clerk of the Courts. Six comnunications received by the City Clerk in connection with School Board appointments were filed. F~IPLOY~' RETI~RE~ ~¥STEM: It appearing that the term of Hr. Arthur N. Matthews as a member of the Board of Trustees o£ the Employees, Retirement System of the City of Roanoke expires aa of June 30~ 19~3, the matter was before Council, the President, Hr. Webber, calling for nominations. Hr. Waldrop placed in nomination the name of M~. Arthur N. Matthews to succeed hlmself for a term of four years. The nomination was seconded by Minton. There being no f~rther nominations, ¥~. Arthur N. Matthews was reelected to succeed himself as a member of the Board of Trustees of the ~mployees' Retirement System of the City of Roanoke for a term of four years beginning July 1, 19~3, by the following vote: AYES: Messrs. Minton, Waldrop, Woody, Young, and the President, Hr. Webber .............................. NAYS: None .................. O. The City Clerk was instructed to forward Mr. Matthews certificate of bls reelection. CCUNCIL: Council havlng heretofore filed an abstract of the votes cast at the General Election on Tuesday, June 11, 19~3, certifying that Mary C. Pickett and Lelgh B. Hanes, Jr., received the highest number of votes cast for members of the Councll of the City of Roanoke, Mr. Waldrop moved that the Councilwoman and Councilman-elect be invited to sit in on all future meetings of Council prior to the date they officially take office on September 1, 19~3, and that they be forwarded copies of the Minutes and information sent to Council. The motion was seconded by ~. Woody and unanimously adapted. STREET IMPROVFMEETS: ~. Waldrop called attention to complaints that he has received from citlsene living in the Washington Heights area that the streets are in need of repair and that the dust from the street is very bad and suggested that the City Manager check into the condition to see what can be done toward treating Michigan Aven~e and other streets in the area to keep down the dust The City Manager advised that he would check into the condition. There being no I'mrther business, Council adjourned. APPROVED ATTEST: President "309 COUNCIL~ R~ULAR Hr~TI~ Nonda~, Jul~ 13, 19~3. The Council of the City ~f Roanoke ~et in ~egular meeting in the Circuit Court Roo~ in the Hunic~pa! Building, Honday, July 13, 19S3, at 2~CO otclock, po the regular m~eting hour, vith the Vice-President, ~o Woody, presidio, PRE~ENT~ Hessrs. W~ld~op, Webber, Young, ~d the Vice-Presiden~ Woody ................................ ~BSE~ ~ Minton ........... O~IC~ P~E~ ~. Ra~olph O. ~tle, City A~torney, a~ ~. Harry R. Yates, Ofty Au~tor~ The ~eet~ng vas ope~ with a prayer by the Revere~ ~aurlce J. McDonald, Pastor of St. Gerard's Cathol3c ~urch. HIh~: Copy of the mtnutes of the regular~etl~ held on Ho~ay, June 15, 1~1953, havl~been furnished each member of Cou~ll, upon motion of Hr. Webber, seconded by ~. Y~ung a~ u~anJmously ~pted, the dispensed'with ~minute~ approved as recorded. ~INO OF CITIZENS ~ON PU~IC F~TT~S: AIRPORT: Pursuant to notice ~f advertisenent for b~ds on work ~n co~ection ~?l~h the A~lnis~ration Building Pro~ec~ a~ ~he Roanoke MunicApal Alrpor~ (Wo~rum ~Field): grading, pavi~ at new locatl~ of old A~tnistration Bulldi~. pavi~ ~road, pavl~ concrete ap~n~ bituminous seal coat on a portion of N. E.-S. W. ru~ay ~s~ a portion of taxi.ay sy~t ..... d movl~ a~ ~elocating old temi~l bulldln~ ~ t~ ~sppurten~t work thereto, the plans and speci~ications fo~ the project to be furnlsh~ ~by the City of Roanoke, sald bids to be received by the City Clerk until ~:00 o~cloc~, ~p. ~., Mo~ay, July 13, 1953, and to be opened before the Council of the City of ~Roa~ke at that hour, the Vice-President. Hr. Wo~y~ asked If there was anyone ~present who did not fully understand the advertisement, If there ~as ~yone present ~who had been'de.ed the privilege of biddir~, o~ If there ~ere any questlons anyone would l~ke to ask, and no one present raising any question, 'the Vice-President ~lnstructed the Clerk to p~oceed ~th the opening of the two bids received. ~e bids bar. been opened and publicly read before Council, ~. Young offered the following Resolution: {~118~} A ~b~ION referring bids for the followl~ work In co.action with the Ad~nlstratIon ~Ilding P~Ject at the Roanoke Mu~cAp~ Ai~port Field): grading, pavl~ at new location of old A~Inlstration ~ildl~, paving access road, povlng concrete ap~n, bit~lnous seal coat on a portion of N. E.-S. W. ru~ay and a portion of taxiway system, a~ ~vl~ ~ relocati~ old terminal buildi~ appurtenant work the~to, to a comittee co.card of Mr. Arth~ S. ~ens, City Ranger. ~air~n, Mayor Roy L. Webber, Hr. H~ R. Yates, City Auditor, a~ ~. Cletus B~yles, City Engineer, For tabulati~ ~d report to the Council of 'the City {For full text o~ ~esolution, see Ordinance Book No. 19, Page ~. Young mved the adoption of the Rg~lutlon. ~e motion was seco~ed by Mr. Webber and adopted by the following vote: A~S: Messrs. Waldrop, Webber, You~, a~ the Vice-President, ~. Woody .... NAYS: None ................ O. {~. Minton absent) STORM DRAINSz Pursuant to notice o£ advertieemnt for bide on the constructi ~f a 12-inch eton drain on ~effereon Street to serve the Herchante* Parkir~ Garage eccordin~ to plans and specifications of the city~ said bide to be received by the City Clerk until 2:00 o'clock, p..m., Honday, July 13, 1953~ ar~ to opened before Council of the City Of Roanoke et that hour, the Vice-President, H~. ~oody, asked iff there was anyone present who did not.fully understand the advertiee~ent, if there wa anyone present ~ho had been denied the prlvilegeof biddir~ if there were any quaet anyone would like to ask, a~d no one present raleir~ any question, the Vlce-Preside~ instructed the Clerk to proceed with the opening of the one bid received. The bid having been opened ar~l publicly read before Council, Mr. ¥oun~ offer. the followin~ Reeolutiont ($11§~) A RESOLUTION refem~lng a bid on the construction of a l~-inch storm drain on Jefferson Street to serve the Merchante~ ParkinE Garage to a co~Ittee comp~ of Hr. Arthur $. O~ens, Clty Manager, Chalrm~n, Mr. Barry R. Yates, City Auditor, Hr. H. Cletus Broyles, City Engineer, for tabulation and report to Council. (For full text of Resolution, see Ordinance Book No. 19, Page ~m. Young ~oved the adoption of the Resolution. The motion was seconded by Mr. Webber and adopted by the followlng vote: AiXS: Hessrs. Waldrop, Webber, Young, a~l the Vice-President, Mr. Woody--~. RAYS: None ............... Co (Hr. Minton absent) S~EB~: Pursuant to notice of advertisement for bids on the construction of sanitary sewer to serve a portion of Lincoln Court~ d esl~nated as Sanitary Sewer Project No. 1, 1953, accordi~ to plar~ and specifications of the City, said bids to be received by the City Clerk until 2:OOo~clock, p. n., ~or~ay, July 13, 1953~ and to be opened before the Council of the Clt~ of Roanoke at that hour, the Vice-?resid~ Hr. Woody, asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bldd] or if there were any questions anyone ~ould like to ask, and no one present ralslr~ any question, the Vice-President Instructed the Clerk to procee~ with the openln~ of the four blds received. The bids having been ope~d and publicly read before Council, ~[t% ~ebber offered the follc~lr~ Resolution: (#11856) A ~ESOLUTION referring bids on the construction of a sanitary sewer to serve a portion of Lincoln Court, de~16netcd as Sanitary Se~er Project No. 1, 195j to a co~ittee composed of Hr. Arthur S. Owens~ City Manager, Chairman, Hr. John L. Wentworth, Director of Publlc Wo~ks, and Hr. B. Cletus Broyl~z, City Engineer, for tabulation and report to the Council of the City of Roanoke. (For full text of Resolution, see Ordinance Book No. 19, Page H~. Webber moved the adoption of the Resolution. The motion was seconded by Hr. Young and adopted by the £ollowin~ vote: AYES: Messrs. Waldrop~ Webber, Young, and the Vice-President, Hr. RAY~: Rone-~ .............. O. (Hr. Minton absent) CO~PLAIN~S: ~. C. A. Lon~ of. ~11 Crystal SprlnE Avert, S. W., presented a petition bearin~ the ~lgnatures of thirty-three residents livlnE on Crystal Spring Avenue requestir~ that future Soap Box Derby races be run on a different street, statin~ that even %hough they are in sy~athywith the aims of the sponsors of the Derby they have endured inconveniences, loud noises, trm~pled la~r~ and other it, g, i!131'2 After a brief discussion of tho matter, Hr, ~/aldrop moved that the request .bo referred to the City ~anager for investigation, atudy amd report back to Council The motion was seconded by Hr, Webber and unanimously adopted. DEPARTMENT ~ PUBLIC WELFARE: Hr, Frank ~, Atkina appeared before Council in protest to a reduction in Welfare grants to hie famlly~ stating that hie living expenses far exceed hie income, that hie family g~anta have been cut by $27,00 and that the grants amount to only ~60,00 per month at the present, After an explanation of the facts by Hr. John H. Fallwell, Director of the Department.of Public Welfare, who was present at the meeting, H~, Webber moved that the matter be referred to the Welfare Director for disposition. The motion was seconded by Hr. Waldrop and unanimously adopted. WATER DEPARTMENT: Mr, 5. J. Jones of Route 8, Box 353, appeared before Council, stating that he owns a small water distribution system ~hich serves fourteen customers in the Garden City area of the city, and advising that he wishes to dispose of those customers being served in the city on the same basis paid per customer aa other private o~ners with ~hom the city has dealt or is dealing~ with in acquiring small water systems, Hr. Webber moved that the proposal be referred to the committee appointed to negotiate with certainowners of existing small water distribution systems to obtain wrltten offers whereby the city m~y purchase certain of said systems, for study and recce~endation to Council. The motion was secor~ed by Mr. Waldrop and unanimously ado~tedo PETI?ION$ AND CONYJ3NICA?ION$: STR..~--ET LIGt{~S: A comunlcation From the Appalachian Electric Power Company setting forth locations of street lights installed during the month of June, 1953, was before Council. The communication was ~led. ZONING: The following communication from the City Planning Commission with reference to a request from Mm. Edwin Mo Young., Heceiver of Horningslde Heights Corporation, asking that lots In the area from Penrod Avenue .to Morgan Avenue, S. between Horntngatde Street and the Vlrglnlan Railway, be rezoned From General Residence Distrlct to Light Industrial District, was before Council: "July 10,1953. The Honorable R. L. Webber, Mayor, and Members o£ City Council, Roanoke, Virginia. Gentlemen: In reply to your letter of February 27, 1953, referring to the City Planning Com~sfon for study, report, and reco~endation, a communication frpm Edwin M. Young, Receiver of Morningside Heights Corporation, asking that lots in the area from Penrod Avenue to Morgan Avenue, S. E., between Hornlngside Street and the Virginian Hallway, described as follows, be rezonsd from a General ReaidenceDtstrict to a Light Industrial District: Morni. ngside He_Ights Heap~ Block 16, Lots 1-10, incl., and Lots 1~-~1,' i~ Block 17, Lots .7-13, incl., and Lots ~1-Y-7, ' " " " Block 18, Lots 6-15, incl. and Lots 23-3~, incl. An Inspection of the lots In questlon has been made. Some of these lots are located adjacent to the Virginian Hallway, and c~uld be used for Industrial purposes, the land being adapted for such uses. A portion of the property la located on a steep hillside, and would no~ be suituble for development. In view of exlstlng residences in the i~uediate vicir~ty, the: properties should be protected fl-om industrial encroachments, and the Commission feels that the request should not be ~anted in its entirety, The City Planning Commlssion;~eco~enda to City Council that the follow lots be rezoned from a General Residence District to a Light Industrial Dlat~ct~ Hornl.~side Hal~t, M~p, Block 16, LOt* ~-lO, incl., and Lots l~-2l, in 1. · " Block Lots 8-1S~ lncl., and Lots ~8-J~, in 1. Block 19, Lots 31 and Block ~ Lots 3-19~ lncl, The Commission recommends~ further, that the follovinE lots, which are in the l='~ediate vicinity of, and adjacent to, the above-mentioned propcrtie be rezoned from a Oeneral Residence District to a Light Industrial Dletrlct~ Horningsida Heights Hap, Block 19, Lots lb-l?, incl., owned by Lonza ~. and Reals A. Horningsidc Hell,btm Haps Block 23, Fa~t of LOt land Lot 2, owned by The American Viscose Company, It is suggested that the above-mentioned property owners be advised of any public hearing to consider rezonlng said properties. ~eepectfully submitted, (~igned) George Dunzlinson, Vice-Chairman.· Hr. ~ebber moved that the City Clerk publish proper notice of a public hearing ;o be held on the request for rezonlng at 2=00 o'clock, p. m., August 10, 19S3. The motion was seconded by Hr. Your~ and unanimously adopted. BOAP/) OP ZONINi} APF~AL~= A co~unication From H~. Jo po Cruickshank respectfully requesting Council to accept his resigr~tion as a member of the Bom~d of Zonln~ Appeals since he has been elected as a ~chool Trustee, vas before the body On motion of Mr. Young, seconded by HI-. ~ald~op and unsalimously odopted, the resl~natlon ~as accepted. In this connection, a communication from Hr. Prederlck H. Bishop, Chairman of the Board of Zonln~ Appeals, su~esting that Council appoint aa member to succeed K~. Cruickshank an individual from the Wllliamson Road area and statin~ that it is twgent that the successor be named as soon as possible, since the Board sometimes difficulty in havin~ a quorum at meetin~s, was before the body. Nm. Yount~ moved that Council defer action on the appointment of a successor to M~o Cruickshank until there is a full membership of Council present. The notion was secorded by Hr. Waldrop and unanimously adopted, $~WAGE DIS?OSAL= The lctin6 City Manager submitted the followl.~g report from the City Manager in connection with Open House at the Sewage Disposal ?lant~ "Roanoke~ Virginia To The City Council ~oar~ke, Virginia Gentlemen= If s~reeeble with you ~entlemen, we have set August P~ through August from 9=00 A. H. to 5:00 P. H. as Open House at the ~ewage Disposal Plant. ~a will have cards made, givin~ number of each piece of equipment and what it does In order that Pm. and Hrs. Citizen may follow by number the operation of the plant. In addition, there will be a mimeographed form, giving the finances of the plant plus other operational factors ~Ich Hr. anl Hrs. Citizen may take home to study at a later time. I believe this ~ill be an interesting and enli~htenlng program for our public; and ! trust it will be aEreeable ~lth you. Very truly yo~rs, ($1~ned) A. $. Owens City Hena~er· 313 314 The report was concumred in and filed, SEWAOE DISPOSAL= The Assistant City Hanover presented the following report the City Hanager in connection with tho elud~e diaintegrator~ "Roanoke~ Virginia July 13, 1953 To The City Council Roanoke~ ¥irzinia Centle~ent ! wrote you reek before last, asking that you attempt to go see the sludge dia/ntegrator and to advise you of the fact that the machine we originally pin. chased is too small to accomplish the needed work° The following letter from Hr. F. C. Funnell~ Jr.~ Plant Superintendent approved by ]4~. Ho Co ~roylee smd Hr° John Lo ~entvorth, is concurred in by me~ and ! would appreciate authority to exchange the present machlr~ for a ~Date: June 17, 19~] To: Hr. Arthur So Owens From: Hr. P. C. Funnell, Jr. Sub,eat: Sludge Disposal at Sewage Treatment Plant Dea~ Hr. Owens: I have contacted the Royer Manufacturing Company, the manufactur~ of ou~ aludge.dielntegrator, with the following results: First, they will accept the return of the NSH model machine that we have and £ive us full credit on a larger model. Second, they can ship us a model "D" machine that has a 1F{ inch wide belt, 6as engine driven, portable, for $1,~75.00, or electric driven for ~1~030o00. They have a model "R", with a P~{ inch wide bolt, stationary, electric driven, for $1,~00.00. These prices are list prices toward which the ~750.00 credit allowed on the small machine ~uld be allowed. It is felt, that~ sincethe cost of t.he two machines a~e fairly close together in cost, that the larger machine would be the recor~mer~ed choice. I will be ~lad to meet with you to discuss this further at any time. Approved: (Sl~ned) John L. Wentworth D/rector of ~ublio ~orks (Signed) H. C. Rro~*les City Engineer ~ Very truly yours, (Signed) F. C. Funnell, Jr. Plant ~uperlntendent All that ia necessary is the trsrmfer from Supplies to Equipment of $7~5.0o. Respectfully suhmltted~ (Signed) A. S. Owens Clty Manager" After a discussion of the matter, HI-. ~oung moved that the City Homager ascertain whether or not the Royer Hanufacturlng Compan~ will agree to let the city try out the larger ~l~e machine in order to find out if it ~rlll handle the volume to ~eet the city's need. The motion was seconded by Hr. Webber and.unanimously adopted. BUDGET-DEP&RT~EI~ OF PARKS A~ RECR~A?ION: The Acting City Homager ~ubmlttei ~n'ltten report from the City Homager concurring in the following letter from the Director of Parks ~d Recreation requesting the transfer of funds For the purchase o£ a tractor mowerg "July 2, 1953 TO: .Arthur S. Owens, City Manager From: R. P. Hunter, Director of Parka & Recreation An emergency situation has arisen in connection with the tractor mowerl ~lch we have in operation in the City Parka. Two of the un~to are obsolet a.nd are constantly broken down. This necessitates long per/ods of ~lay up~ since replacement parts are not available and must be made or replaced with used parts, provided that the same can be found. In view of this situation~ It 18 respectfully ~equestsd that the item listed under capital outlayw one t~uck with Tree ~oist - $2~600o00, be char~ed to one Bush Hog ~lth Ford Tractor - ~,300o00, This machine is the sa~e as thc Bvsh Hog purchased by the Airport this reprint, An exception ia that I Feel we should buy the tractor deslznsd For the mower and not try to adapt another tractor for the ~ork°' A demonstration of this machine was witnessed by the Superintendent oF the Oarage and the Superintendent of Parks. It was the opinion of these men that the ~urchass of the Bush Hog and tractor would correct this emergency ' situation and further would result in less mointenance° With these opinions, It ia requested that permission be granted to transfer the funds mentioned above end that authorization be given to purchase the new mowers an emergency existir~o (Signed) R. P. Hunter Director" H~. Webber moved that Coat. Il concur in the request ar~ offered the rolls.in Resolution~ (~118~?) A H£SOLUTION authorlzir~ the City Hsnager to purchase one Bush Hog with Tractor in the amount o£ S~w]O0oOO out of the item of $~s~O0.O0 for one Truck with Tree Hoist In tho Parks and Becreatlonsl Areas account u~der Section ~l~3v ~Departmental Equipment and Im~rovements", of the 19~3 Budget Ordinance, and provid- ing for an emergency. (For full text of ~esolution, see Ordinance Book No. 19, Page ~. Webber moved the adoption of the Resolution. The motion was seconded by Mr. ~oung and adopted by tho following vote: AYES: Hessra. Waldrop, Webber, Yours, and the Vice-President, ~. Woody--~o NAYS: None ........ O. (~. Htnton absent) · ~VHNILE AED D0~STIC HELATION$ COU~T: The Acting City Han~ger submitted written report from the City Hanager recommending that the request of the Juvenile and Donestic Relations Court for additional stenographic help be granted on the condition that the person employed do some double duty and assist in some phase of educational ~o'rk st t~e Juvenile Detention Home, alor~ with a letter from the Chief Probation Officer outllnlng the duties of the present stenographer sod the proposed duties of two ateno~aphers, with a suggested ~lary of ~,O00.00 per year which ~u be ~0~ reimbursed b~ the ~tate. In a discussion of the request, ~. William E. Weddin6ton, Chief Probation Officer, who was present at the meeting, advlsed Council that the employment of another stenographer 1~ greatly needed since at the present time they are hehtnd in their work. The Vice-President, ~. Woody, asked Mr. Weddington if he thought one additional person cou/d do the required stenographic work and also set up a teachin~ progrsm in the Detention Home, H~. ~eddir~ton advising that in his opinion it would take two per~ons to do ~als ~Orko After a further discussion of the request, Hr. Webber noved that Council tek matter under consideration due to the absence of H~. ~tnton and that the question be plsced on the agenda for the July ~? meeting. The motion was seconded by Waldrop and unanimously adopted. CO~PLAINT$: A petition signed by approximately eighty-four property owners of the Southwest and Wasena sections, com~latnir~ against conditions brought about by the location of the scales of the Virginian Sallwey Company, having been referred to the City Msn~er~ the Actir~City Hanager submitted the Following report from the City '3'15 the "Roanoke, Virginia July 13, TO The City CoUncil Roanoke~ Virginia Gentlemen~ You referred to ms at our meeting on June 15~ 19S3, a petition signed by several residents of the 5outhwsst and Waeena sections concernin~ noise from the operations of the Virginian Railway Company. ! have found this excellent company always most cooperative and to help in any manner possible which is indicated by the letter received from their General Manager~ H~o D. Co King. I do not see that much can be done to eliminate the noise about ~nich these ~ood citizens ~e speakir~ because thc Railway Company must carry on certain operations for its efficiency and general program. ! think the co=Tany will do everything possible to relieve the situatiol end will be most cooperative in tr~lng to reduce the noise. Respectfully suhuitted, (Signed) A. S. Owens City Manager' The report was filed. ACADemY OF HUSIC-CITY PRO~TY~ The Actin~ City Msneger presented the following report frcm the City Msnsge~ together with a letter from H~. R. M. Phelps in which he offers the city $1S, OOO.O0 cash for the Academy of ~usic property~ "Roanoke, Virginia July 13, 19~3 To The City Council Roanoke, Virginia I am attaching hereto a letter from Mr. B. M. Phelps in which he makes an offer to the City for the Acad~y of Music property. Since the time limit is thirty d aye from June 30, 1953, I felt it wise to bring the ~atter to your attention immediately. The contract for the demolition of the Academy of Music building and the bond held thereon does not expire until August 11, 1953, which would not be within the thirty-day period as presented by Mr. Phelps. Therefore, you can see the urgent need for action. Again let me point out to you gentlemen the wisdom of retaining this property becaume, no doubt, it will be nuch more valuable to the next generation. In addition, I find myself constantly unwilling to recommend sale of City property when it ia so valuable to the City. I regret that I cannot recommend the sale of this property. Rempectfully submitted, (Signed) A. S. Owens City Manager" Mr. Webber moved that Mr. Phelps be advised that the Academy of Music propert is not for sale and that Council concurs in the recom~endation of the City Manager. The motion was seconded by Mr. Waldrop arxi unanimously adopted. PARKS A~) PLAYGROUNDS: A com~unication from Mr. W. F. Burton, Sr., President of the Southeast Civic League, requesting that improvements be m~de to Fallon Park and Jackson Park, having been referred to the City Manager, the Acting City Manager submitted written report together with the following letter from the Director of the Department of Parks ancl Recreation: "July 6, 19~3 To: Arthur S. Owens, City Man.er From: R. P. Hunter, Director of Parks and Recreation Your memo of July 2, 1953 refers. A review of budget requests for the past several years reveals the following information: 1, 19SO Pallon* $~,000,00 night li~ted baseball Jackson - ~,0~,00 repairs and ~provements 2. 19al Fallen o $3~00.O0 night lighted baseball ~,~00.00 Park improvements 3. 19~2 Pellon - tS?~.~O night lighted picnic areas Jackson - $1~S68oOO Park improvements 27S.~O night lighted picnic areas 4. 19~3 Fallen - $~10.00 night light Jackson o ~1,~9§o00 park improvements Specific needs for Fallen Park are as follows~ 1. ~l~ht lighted picnic area a. Additional picnic ahelta~ 350.00  Hard surfaced parking area 1~00~O Resurface tennis courts 1~§00.~O ~. Pour additional fireplaces ~ ~50o00 ~00;00 Specific needs for Jackson Park a~e as followsl 1. Hard surfaced roadways $2,500.00 2~ Pour additional fireplaces ~ ~50.00 3. ~esurface tennis courts 1,800.00 ~. Night lighted picnic area 350.00 5. Regrading of play area 1,O00.00 In the event that funds become available, the baseball area at Fallen should be night lighted, estimated cost ~,000~00. There is not sufficient interest in Tennis to warrant night lighting of the courts~ As you can see, funds for the specific needs for these areas have been requested in the past. However, since funds were not made available, this department could not accomplish the r~cessary park improvements. It is suggested that, if the work is to be accomplished, one park be completed in 195~ and the other in 1955, the needs and costs being similar. Respectfully submitted, (Signed) R. P. Hunter Director" Mr. Webber moved that a copy of ¥~. Hunter's letter be forwarded to ~urton and that the proposal be referred to the 1951; budget study. The motion was secorded by Mr. Young and unanimously adopted. WATER DEP~TMENT: Council having referred the proposal made by the Law Firm of Strickler, Plunkett and Strlckler, Attorneys representing the Executors of the Estate of Paul G. Hash, deceased,~taereby the City of Roanoke Water Department would take over the water system and customers in the North Hills Subdivision of Roanoke County, to the City ~anager and the Manager of the Water Department to ascertain [what would be required to bring the present system up to standards set by the !Subdivision Ordinance and the Rules and Regulations of the Water Department as to etc., the Acting City Manager submitted the following letter from the Acting Manager of the Water Department: "July 8, 1953 TO: Arthur S. O~ens FROM: G.H. Ruston SUBJECT: Horth Hills Water System City Council, at Its regular meeting on Monday, June 29, 1953, referred to you and the writer the request to study the North Hills Water System a nd to report back to Council as to what improvements it would take to make the system comply with provisions now set up in the Subdivision Ordinance, costa: etc., and also as to Rule 36 of the Water Department. The Subdivision Ordinance in relation to water merely requires a water · system that would give Fire protection to the area in the subdivision. The laying of the proposed 8" main Into the North Hills System would brinF the system up to fire flow capacity so that if fire hydrants were installed at the follow!n~ locations, the area would have adequate fire protection: Granville Street & .~orth~ay Drive Greenway Drive & Bqxley Road Greenwa~ Drive& Nlddleton Street Greenway Drive & El~od ~t~eet Oree~ Drive & M~or Street ~ben mains are laid In t~ undev~lo~d streets, they ~uld also be o~ ~lre ~low capacity, ~le 36 requires t~t no mains b$ less th~ 6e ~n diameter. The ffollow~ng table s~a~zes the streets now having less than 6' ma~n~ Size Estimated Exist. cost ~cation From To Leith Hain 6" main Northway Dr. Granville Boxley Rd, 88~ ~ ~xley Rd; Oree~ Nor thway 390* ~* Boxley Rd; Nor thway Ch8ste~ 37%~ ~ M~ddleton' Greenway (East) 200t ~0.00 Elwo~ St; Oreenway (East) 70~* 2" H~o~ St. Greenway (EaSt) 990' 2" TOTAL ~9, 7~8. It would take an estimated e~enditurs of approxl~tely $9,7~8.O0 to replace all lines u~er 6~ with 6" mains. If ~ls were done, .water service to individual custo~rs wouldn't be improved tn the leas~ ~ there not be an~ Increase in fire protection. (Slg~d) G. H. Ruston" After a lq~thy discussion o~ the matter, ~. Young moved that the p~posal be reCerred to ~e co~lttee appointed to ~gotlate ~lth owners of small water distribution s~e~ ~hereby 'the city may p~chase certain of said systems, for study, report and reco~e~atlon to Council. ~e mo~lon was seconded by Hr. Waldr~ an~ un~lmo~sly ~opted. B~G~-~LTH D~TH~: The Aching City Manger au~ltted ~ltten report ~oncurrlng In the follo~g request of the Comissloner of Health la co~ctlon the operation of V. D. Clinics for the remainder of 1953~ "July 3, 19%3 Subject: ~ Fu~s and Clinics ~. ~thur S. ~ens City ~ager Roanoke, Virginia Dear ~. ~ens: I have discussed the withdrawal of V. D. subsidized fu~s ~th our local doctors. ~e President of the Academy referred ~ to sever~ acade~ executive Boa~ ~nbers and the majority favored a program of cooperation, ~ereby the clinics at the Health Center m[~t be continued. In general they belie~ the City should appropriate the necessary ~nds to car~ on these clinics. One cltn~ci~ servXn8 Is willing to contuse until a progr~ can be worked out. In view of the present situation, I reco~e~ the following proposal: Council app~priate $~.00 towa~ the operation of the V. D. Clinics for the remarker of 1953. With the cooperation ~d free services of the clAn~cia~ a~ by reducl~ the n~ber of cltnlca held ~om ~ to 2 pe week, I believe we can o~rate satisfactor~ly on th~s ~ount. By the time for the preparation of our fall budget, we wail know definitely whether this program meets the needs for controlling Venereal Disease Y~rs very (SAg~d) ~. N. ~dley Co=lssioner of Health~ In a d~scuss[on of the ~tter, the Act~ City Manager advised that the doctors have agreed to carry on the s~e pro~ on the basis of $7.50 per clinic a~ t~t ~00.00 will b~ suff~clent ~or the r~ai~er of 1953. Council ~g of the open,on that the progr~ should ~ carried on, ~. Young offered the following emergency Ordi~ce~ [~118~8) AN OP~DINANCE to amend and reordein Section ~0, "Health Department' of the 195] Budget O~d~nance, a~ p~o~ld~& ~o~ ~ e~e~&ency, (Fo~ ~11 text o~ Ordi~e, see Ordin~ce Book No, 19, P~e ~. You~ moved the adoption of the ~dl~nce, The ~tlon vas seconded by ~. ~aldrop a~ ~opted by the follo~i~ vote~ A~I Hessrs, ~aldrop~ ~ebbar, You~ and t~ Vlce-President~ H~, N~S= None ................O. (~. Hlnton absent) AI~ORTI ~e Actl~ City Manger su~[tted w~[tten report toge~er with the following co=un,cat,on ~rom the Kanager of the ~unicipal Airport In con~ction with the rental of space on the seco~ floor of the Air~r~ Te~in~ Bulldin~ "DATE= July 8, FHOH~ H. L. Harris I have a request by an lndividu~ to rent available office space on the seco~ floor of the ~w Al~ort Terml~l Bulldin~ be~lrml~ July F~ previous co~Itments have been made by Council rentin~ second floo~ space at $~.00 per aquae foot ~er year, Please take l~edl~te action to establish a rate that we can propose to prospective renters of office space. ~e existin~ $~.C0 rate is suEgested fo~ all users. ($1~ned) Harris" ~ter a dl~cusslon of the rental rate for the second floo~, ~. Webber moved that Council be furnished ~Ith the name of the l~lvi~al desi~l~ to rent the space on the seco~ floo~, th~ ~ount of footage requested a~ the type of bus.ess; also, t~at Council be furnished a re~t ~lving the total n~er of square feet of =pace on all floo~s of the new Airport Te~Insl ~ildlnE, the m~ount of space 'presently rented~ tho amount of space available for rent on each floo~, the n~mes of all present tenants, type of bu=i~as conducted, ~ount of space rented by each feint a~ the rate per square foot bei~ paid. ~ motion wa~ seco~ed by Mr. Young and unanimously adopted. C~Y ~SICI~ The Actt~ City H~ase~ submitted ~ltten report f~m the City Fhysician for the month of Ju~, 195], sho~l~ ~81 office c~ls and 60~ prescri tlons filled, ss compared with 61~ office c~ls =d 633 pre~crlptlons filled fo~ the month of June, 195a. The report ~s filed, DEP~h~ OF ~IC ~E: The Actins City H~s~e~ sub~tted written repo: from th~ Depart~nt of Public Welfare, coveri~ the expendlt~es a~ activities of the depart~nt fo~ t~ month of June, 1953, sho~'in~ a total of 1,~8~ cases handled at a cost of ~67,089.18 as compared to 1,~9 cases handled at a cost of ~60,999.39 for the mon~ of June, ~e ~port was filed. ~EFO~SI ~e Actin~ City Hana~e~ submitted written ~po~ts from the City Market, the Department of BuildinS and PlYing Insp~ction, the Electrical Department the ~rchasl~ Depart~nt a~ the Police Department fo~ the month of Jun~, 19~3; als~ a report f~om the Dep~t~nt of ~arks and Eecreation for the month of H~, 1953. ~e reports were fll~. BUI~I~ INS~CTOR-FI~ DEPAR~h~: The Acti~ Cl~ Manger submitted the followi~ ~eport on ch~ges In the perso~l of the office of the ~llding Inspector and the Fire Dep~t~nt: 31'9 ':320 ~Roanoke# ¥ir~inis July 13, 19~3 To The City Council Roanoke, ¥irzinia. Oentlemen; ! wish to report to you the followl~ personnel ch~gest . David Dick ~=Jzned as ~lldl~ lns~cto~ e~fective July ]1, 19~3. Pl~ DEPART~ George ~obert ~ebb appointed as F~t ~e~ Private, effective July 1~ 19~ Harold Lee A~thur appointed as Plrst The report was flledo in connection with the resigrmtion of the City Eanager entered into the record the letter of David Dick, as follows: Mr. Arthur 3. Owens City Manager Roanoke, Virginla Dear Mr. Owens: Year Frlvate, effective July 1, Respectfully sut~ltted,. (~lgned) Ha~ry R. Yates Acting City Hanager' Buildlr~ Inspector, the Acting resignation as su~xnlttsd by Mr. "~uly 8, 19~J This is to confirm our conversation of July 3rd at which time I advised you that I wished to resign from my position as Building Inspector, my resigna- tion to take effect as soon after July 22nd as my accumulative leave is expended, which should be about the first of August. I regret that I Find it necessary to sub. it this resignation since I have found the work of interest, with many challenging problems and I have derlved much satisfaction from serving as Bulldi~ Inspector. However, have been conslderin~ this step for some time for several reasons, chiefly because the salary is not commensurate with the responsibility of this offic~ and I find that it is not adequate for the needs of my f~lly. Also, I very much prefer to return to private engineering practice. During the five and one-half years that I have been Building Inspector, the Department of Buildings has accomplished a great deal. Although It has been a time of much building activity, we have increased the effectiveness of this department and obtained more consistent enforcement of the various ordinances ~hich we administer. The new building code has been completed and I believe that it will very effectively serve the City and do much to lm.p~ove the work of this department. Our accomplishments have been due In a great neasure to the fine work and cooperation cf all the employees of the Department Of Buildings and to the help of many of the City officials and to the cooperation of the cttlzens of Roanoke. I particularly want to thank you for your help and support in all our endeavors, and I want to assure you that you have done much ~o make these past years very pleasant. I hope the Department of Buildings will continue to receive this fine support and that its needs wlll be fully considered so that it will be able to improve its service to the people of Roanoke. Please feel free to call on me,f, in any way, I can be of service to you or my successor. With kindest personal regards, I am Yours very truly, (~lgnod] David Dick" With further reference to the resignation of the Building Inspector, ~. Young read the following prepared statement: ~July 13, 1953 Hr. Chairman: The City of Roanoke has many excellent employees who are conscientiousl doing their best to render good service to our citizens. They are honest, hard-working and, in many cases, underpaid. In my opinion, Mr. Dick is one of our employees who falls under this category. He has done a fearless Job in interpreting our building laws, wlth Favor to no one, and practically ali of our Engineers, Architects, Contractors, Builders, and owners with ~f~om he has dealt would testify to this fact. 32'1 lie has now found more desirable employment wlth a private flrm, more desirabl·, perhaps, because of better pay, and more satisfactory, perhaps, because of less criticism by the public. We suffer a real loss when he leaves. A newspaper editorial appearing in the WORLD-~EW$ Thursday, July 9, lnferred that there may be other reasons for P~. Dick leaving our employ. X ese hlm In the from and would like the privilege of uking blm a few qua st ions: 1. IHt. Dick, has any member of Council, or ar~ other person in the employ of the City, ever influenced or attempted to influence any decision of yours regarding the lsauance of permits to applicants?l (Mr. Dick answered that no one hsd sought to o~ succeeded in Influencing him in such matters, as lnterpretin~ or enforcing the law,) 2. ~ttave an~ of these same people ever attempted to get y~u lo approve of faulty construction or construction contrary to our Building Code?, (To this Mr. Dick gave a negative answer.) 3. 'Were the decisions you made your own, o~, were you influenced by Council, the City Manager, or anyone else?' (Mr. Dick said the decisions made in the Department of Buildings were his own and the onlyconslderation was whether they were in accord with City ordinances and. laws.) 4. 'Did you see an editorial published in the WORLD-~WS Thursday, Jul. y 9, ,in which It was stated that some property owners are "sacrosanct" an~ may nave privileges above and beyond the law ami that thls may have had some Influence on your resignation, and If so, As this statement true?' (Mr. Dick said he had seen the article and said it was untrue. He II sald no one had mentioned to him that some property o~ners may have comolied with the law.) 'Mr Dick, that is all, and I thank you for answering these questions.' Mr. ghairman: The editorial I have referred to Inferred that Mr. Dick'~ reslgnatton may have been Influenced by the Fact that some large property owners on the preferred list demanded and received preferential treatment in the matter of Building Permits and that someone connected with the City government may have exercised some control over this office, and that Dick was reluctant to be influenced against his own Judgment. He has Just stated to you that this is not a fact, and I believe hlm. I feel that I know Mr. Dick, my fellow Councilmen, our City Manager, and most of our Contractors, Builders, Architects, ami Engineers. I believe we are all working to make Roanoke a better city. I do not believe that any property owners ere 'sacrosanct" or here any special priv!leges above and beyond the law. I do not believe that anyone connected with the City goverrraent has influenced Mr. Dick or even attempted to do so. I personally resent the Xnference of shady dealing on the part of any of our City offXcials. I feel that the writer of this editorial should publicly retract his statement, or give the public all the facts in connection therewith. I would like to have him answer two questions: 1. '~hat influential person or group of persons have sought or obtained favor and preferential treatment from the Building Inspector's office?" 2. 'kiaat City official or employee of the City, if any, has sought to influence the Building Inspector on behalf of any citizen or group of citlze s?' In asking these questions, I have ignored other inferences in the editorial, such. as inequitable appraisals and the improper enforcement of the Housing Hygiene Ordinance, since the City Building Inspector's office ha noth'~ng ~hatever to do with these matters and I em positive the Editor realized this. These statements were incorrect on their face and do not need any explaining. If conditions such as those cited in the editorial exist in our City, they should be corrected, and all of our citizens should cooperate with Council in their efforts to secure an honest, falr, and izrpartial enforce- ment of otw laws. The writer of the editorial should be willing to cooperat. to this emi. If the Editor is unwilling or unable to give direct answers to these questions, then, certainly, the public should igC{ore the ln~erence as idle gossip, unworthy of a newspaper, wlth no foundation in fact, and should ignore future editorials of a similar nature. I thank you. Walter L. Young" · M~. YoUng requested that no action on the part of Council be taken, advlaln. that he did not think it necessary to ans,'er the editorial because It is an Insinua :n. WATER DEPABTMENT~ The City Manager having at the last meetint~ of. Council beeii requested to make further study as to the condition of four trucks used in the Water Department, the Acting City Manager submitted written report together with the ':B22 'July 10, 1953 TOt Arthur S. Owens FROMs Go Ho Ruaton SUBJECT, Replacement of Pour Water Department Trucks In response to Councll*e request of June 29 for further study oF the condition of these trucks, I am submitting the Truck No. ~ is a 1940, 1-1/2 Ton, Chevrolet, with stake body that was fltted out wlth wooden compartments. Truck No. 9 lea 1917, 1ol/2 Ton, Dodge, with a body eimtlar to Truck Truck No. 14 la a 1910, ~ Ton, Dodge, with an extremely long flat body. Truck No. 16 Ss a 1939, 1-1/2 Ton, Ford, with an air compressor mounted on a flat deck body. The Following co~ente are true For all trucke~ The wood of bodies and cabs has completely deteriorated until there is no eoundwood to anchor repairing oF any sort. Metal arourd the cab, fer~ers, and frame has rusted through in places from both sXdeso In short, there is no place to start in a repair Job on the trucks. The bodies are of such a nature that the trucks cannot be properly stocked with materials to cope with various types of repair Jobs. You will recall that these trucks were considered for replacements last Fall, and the intervening year hasn't helped them In the least as we have kept repairs on them to a minimum. They have now reached the point where considerable money will have to be put Xn them promptly to keep them on the street. We are now encountering frequent breakdowns which are not only costly to repair but also make idle the personnel assigned to the trucks. I would be glad to arrar~e for inspection of these trucks at any time by you or any council member. Time Xs of essence because Xf they aren't replaced, they · will have to be repaired in some fashion. (Signed) ~. H. Ruston~ On m~tion of Mr. Webber, seconded by Hr. Young and unanimously adopted~ t he City Hansger was directed to advertise for bids on four trucks to be used in t he ii~ater Department. SEWAGE DISPOSAL: The City Attorney submitted the following draft of a contra Ifor the treatment of sewage for the Town of Salem, which was read Xn its entirety: "THIS CONTHACT, made and entered into this the day Of , Nineteen HundredFl£ty-Three, by and between the TOWN OF of the £Xrst part and the CITY OF ROANOKe, of the second part (both parties being municipal corporations, created and existir~ pursuant to the laws of the Commonwealth of ~lrgXnia)~ . WlTNESSETH~ THAT, WHEKEAS~ For the purpose of thls contract the followinK words abbreviations shall, unless their use clearly lndica~es a different tntentt be deflned as follows= ~avarage Roanoke wastes~, wastes havin~ a h.o.d, content of 1~0 p.p.m, and having suspended solids of 180 ~b.o.d.~ o~ ~b.o.d. content~ biochemical oxygen demand; 'City' or 'Hoanoke', the Ci~y of Roanoke, ~Consultant~ a competent engineer~ not regularly enployed by party hereto, but, who is temporarily employed in an advlsory capacity and who is thoroughly capable of designing the type of sewage treatment plant operated by the City; - ~p.p.m.~, parts per million gallons; 'Town~ or 'Salem*~ the Town of Salem~ Virginia; ~wastes~ sewage and other materials normally considered as sewage exclusive Of materials mentioned in Paragraph ¥I. A. of this contract; and ~C~tEAS, ~alem Is located upstre~ on the Roanoke River From Roanoke and, due to such location, any wastes it may discharge, or permit to be discharged, originatingwithin the corporate limits of the Town, into said River or its tributaries that has not been one hundred per cent fully and completely treated will be detrimental to the quality of water In said River and, it is generally conceded to be impossible to treat waste to such degree; and I~EREA$,.the wastes originatin~ in the Town consist'of tho normal domesticvaate8 with a hea~y admixture of industrial wastes o£ concentrated character variable both in amount and concentration, making the treatment of the wastes originating in the Town both difficult and coatlyJ and ~ERF~S, the capacity of the intercepting sewer ayate~ built and owned by the City was designed to be adequate for the traneportation of the vestee and thc Cltyta sewage treatment plant has capacity to r eceive and treat all wastes originating in the Tcvnl and WHEREAS, it is recognized ih~t'the cleaning up off the Roanoke River as lt'meandera through and betweenthe Town and the City, and its tributaries vi! the Town and the 61ty~ le not a matter to be done and accomplished for a period of yearst but should and must be a permanent continuously effective procedural and W~EREISs the transportation to and the treatment of,all wastes originating in the Town at the Roanoke plant will be to the advantage of both the City and the To~n~ T~fES~ORE, for and in consideration of the premises s~ of the covenanti and obligations herein contained, the parties hereto covenant and agree, one with the othert as Follows: A. The Town agrees to deliver all of the wastes orieinating within its corporate limits to the present terminus of the City's Ro~r~ke River intercepting cower and the City agrees to accept all of the Town's wastes at said point and transport the ~ame therefrom, through its.interceptor line, to its sewage treatment plant and to treat all such wastes in its plant to the same extent and degree that it shall treat ~astes originating within the City at its plant. All ~astes treated at thc Roanoke plant, including wastes eriginatin~ in tho Town, shall be thc pro~erty of the City. Bo Salem covenants and agrees to provide and maintain, at its sole exper~e, all Facilities necessary to deliver all its wastes £r~m ell points of collection to the point of delivery at the uppermost terminus of the Cit Roanoke River intercepting sewer. Such construction shall include a recording flo~ meter, the installation off bypass connection around the meter for emergency use, and facilities for taking samples, either manually or auto~atically; all of which con~tructlon and facilities p~ovided for in this sentence shall have the apFrova! of the City. II. CHARACTER OF WASTES: A. The wastes delive~ed by the Town and accepted by the City shall have an average b.o,d, of not to exceed ~00 p.p,mo and suspended solids content not to exceed 6000 p.pom, at point of deliver~ to Roanoke~e intercepting sewer. B, At no time shall the wastes have a b.C,do content in excess of 600 p.p.mo or a suspended solids content in excess o£ ~00 p,p,m, Salem especially covenants and agree~ to t aka whateve~ measumes that are to keep its wastes ~ithin the above requirements. III. CHARGE FOR SEWAGE TREATMEST SERVICE: The Town agrees to pay the City the following charges for trans- porting and treatin6 all ~astes originating within its corporate limits cn the following bases: A. During the first calend~ year that this contract shall be in force the charge for treating wastes of strengths not exceeding the strength~ mentioned in Paragraph lI. A., supra, shall be $30.00 per million gallons. It is.covenanted and agreed that $18.00 of said ~30.00 is the estimated actual cost to the City for operation and maintenance costs fo~ treating a million gallons of water containing average ~oanoke wastes ar~ the remaining $12.00 represents the agreed cost to the City of amortizing the cost of only the extra size in its River interceptor linc to provide for the transportatl of all wastes originating in the Town; hence, said sum of %12.00 shall never vary and shall be paid by the Town in addition to the estimated cost charge hereinafter immediately provided for. During the month of January of the se year, and during the month of January of each yea~ thereafter throughout the life of this contract, the charge, in addition to the said non-varying $17.00 charge, to be paid and received for the treatment of each million gallons of Salem's waste shall be adjusted up or down on a percentage basis as the tot al cost of operating and maintaining the Roanoke sewage treatment plant shall increase or decrease over those of the next precedln~ year. Onl actual cost of operation and maintenance shall be used in adjusting such additional charge, and no part of the cost of amortizing the City's sewage treatment plant shall be considered in adjusting such additional charge. The annual charge to be paid end received for each calendar year after the first, as herein contemplated, for transporting and treating all of the Town's wastes, shall be determined ~ya majority of a committee of three, composed of the Town's Auditor, the City's Auditor and a third certified public accountant, chosen by said two municipal officials and paid equally by the Town and the City. In determining what a~e actual costs of operation and maintenance said committee shall be governed by recognized accounting practices, prevailing at the time, as applied to private business. '323 n B. The Town cerements and azree8 that for each twenty-four hour period durlr~ ~hlch the average b.O.d, exceeds ~00 p.p.m, or the suspended solids exceeds 600 p.p.mo, at the point of delivery to the Cltyt8 inter* ceptin~ sewer, that it shell pay a surcharge, in addition to tho charge provided for in Faragrsph Ill. A., eupra~ of $5.00 per million gallons for each ~0 p.p.lo, Or major fraction thereof, for the transportation end treatment of its wastes, for that day and for each day thereafter so long as such excess strength waste lo delivered. Should SUch excess occur the To~n agrees to collect samples each day until tho strength of the wastes le no greater than specified in Faragraph II. A., supra. Ands Further, that if excess strer~th occurs in both b.o.d, and susper~ed solids, the surcharge shall be confuted on both and such additional charge shall be $10.00 per million gallons for each 50 p.p.m., or ~aJor Fraction thereof. It is under- stood and agreed that this paragraph shall not be interpreted, in any manner, as a waiver of the maximum wastes strel~th require~ento provided for in Paragraph II. A. and B., .supra. C. The City covenants and agrees that for any period of sevendays or more, during which the average b.ood, or the susperded solids is less than average Roanoke wastes, as hereinabove defined, (viz.: wastes hsvin~ a b.o.d, content of 140 p.p.s, and having susper~ed solids of 180 p.p.s.} at the point of delivery to tk~e CltySs intercepting sewer, that there shall be a reduction in the charge provided for in Paragraph III. A., supra, of $5.00 per million gallons for each 50 p.~.m., or major fractlon thereof, for the transportation and treatment of the Town's wastes for each day so long as such wastes of such lesser strength are delivered. And, further, that if the lesser strength occurs in both b.o.d, and suspended solids, the reduction shall be computed on both and the reduced charge shall be ~10.00 per million gallons for each 50 p.p.s., or major fraction thereof. D. The City agrees to render the Town a bill each month showing proper amount, owed for treating all of the Town's wastes during the previous month and the Town agrees to pay such bills within Ten (10} days ~ter each bill is received. IV. SAMPLING OF SAL~'E WASTES: The Town covenants and agrees as follows: (a) That it wlll install, at the point of delivery of all its wastes to the City's intercepting sewer, adequate facilities for sampling its wastes; (b) That it will take twenty-four hour composite samples at eight- day intervals, thus rotating through the seven days of the week during each e~g/~t week period; (c) That the twenty-four hourly samples shall be weighted in mak!ng the composite in proportion to the registration of the flow on the recording meter for the hour at which each snnple is taken; (d} That the method of collection and compostting shall be approved by the City; (e) That the Town will deliver the composites to the Clty's sewage plant at the end of ·each twenty-four hours for which the collection is made; (f) That the strength of wastes as determined at the laboratories of the City's sewage treatment plant shall be binding upon both parties in determinlr~ the charges to be paid and received for the treatment of the sewage as hereln contemplated, provided, however, that the Town may make check observations as it may desire and discuss any divergence in results methods of computation with the City in the interest of mutual understanding and, in event such mutual understanding cannot be reached, the methods and procedures shall be referred to and determined by the consultant of the Town, the consultant of .the City and a competent consultant agreed upon by the two, and the letter's ·charges paid equally by the Town s.nd the City. V. BYPASSING ROT PERMITTED: As the cardinal purpose of this contract is to insure the most effective clean up of the Roanoke River, the Town covenants and agrees that it will not bypass, nor permlt any person contributing wastes within its corporate limits to bypass, wastes to the River, or any tributary thereof, from within its boundaries unless and until the flow in its eanltary sewers, as measured by the recording meter installed at the terminus of the City's Roanoke Rlver intercepting sewer, at the time exceeds the rate of ~ million gallons per P~ hours. And, further, in an effort to reduce such bypassing to a practical minimum, the Town covenants and agrees to permit no add rain or storm water connections to be made to its sanitary sewer system absolutely necessary and, also, to discontinue existing connections, from time to tlme, as and when, in the Town's sole Judgment, it may reasonably do VI. EXCLUDED MATERIAL~: A. The Town especially covenants and agrees that its wastes, as delivered to the City's intercepting sewer, shall be free from visible oil sleek, hair from tanneries, paunch contents, grit from packing plants, chrome'~ plating wastes and all other substances not normally regarded as sewage and which would adversely effect the operations of the Clty's sewage treatment plant; and, further, that if wastes contain~ng any of these substances are received in Salem's sewers, the Town shall proceed L~medlately to require that all such substances be removed by parties creating such wastes, at polnt] of origin, before the wastes are admitted to its sewers and the Town shall, alsox prohibit all such parties from otherwise discharging any wastes into ':llconsultant a~ th9 consultant chosen by the two, or of any two of suc~' consultants, the ~lty has been or is being put to additional exper~e in operating and maintaining its sewage treatment plant because of such deliver by the To~nof any such excluded material, then the Town agrees to promptly refund unto the City the amount of such additional expenses as is found to b due By a majority of such consultants. C. Should ~t become evident that the Town is delivering to the City's intercepting sewer material excluded by Paragraph ¥I. A., supra, and the City notifies the Town of such fact, ss contemplated in the paragrap next above, and the Town'does not abate all such deliveries promptly, and, in the opinion of a majority of the three consultants, if the City should undertake to treat wastes containing such (excluded) materials alor~ with all other pro,er wastes, real damage would thereby be done the City's sewage treatment plant operations then, an~ in such events, the City may bypass iht the River, at the nearest convenient point to its sewage treatment plant, al sewage entering its intercepting lines, Including wastes originatir~ in the Town, until such time aa The State Water Control Board, or other co.stent authority, shall properly order the City to cease to bypass. Durln~ all of the time that the City should bypass, as contemplated in this paragraph, the Town shall pay the City, at the rate prevallin~ when the City commences to bypass, in the same manner as if the Town had delivered no excluded material and the City had treated all of its regular acceptable wastes. If and ~hen the City may be ordered by The State Water Control Board, or other proper authority, to cease to.so bypass into the River the Town has not ceased to deliver to the City intercepting sewer all materials excluded by Paragraph WI. A., supra, then, and in such events, the City, at its election, may te~'minate this contract. ¥II. TEPd~ O? CONTP. ACT: It is the present intention of the parties hereto that this contract shall continue in full force and effect for a period of Twenty-Five (2~) years from its date. However. it is covenanted and agreed that either party shall have the unqualified right to terminate the same after the expiration of Fifteen (1%) years by giving the other party written notice of its desire to do so at the end of the Twelfth (12th) year; or by givln~ Three (3) years~ written notice of its desire to terminate the sa~e at any time between the Twelfth (12th) and Twenty-Secor~ (?Smd) year. WITNESS ~he name s~ the parties hereto by their respective Mayors, a nd the seals of each duly affixed and attested by their restective Clerks, on the day, month and year first above written: CITY OF F~ANOKE Attest: By Mayor City Clerk T(DIN 0P SALEM Attest= By Mayor Town Clerk" Council beinE of the opinlon that the contract should be approved and ~ubmft ~o the Town of Salem, F~. Young, offered the following emergel~y Resolution: (~11859) A RESOLUTIOI~ approvlnE the proposed contract pursumnt to the te~ms of which the City w~ll treat all wastes orlglnatin~ wi{bin the Town of Salem; direct the City Clerk to transmit a copy of sa~d proposed contract to the Council of the Town of Salem; conditionally authorizln~ the ¥~yor of the City Of Roanoke and the Clerk of the City of Roanoke to execute the sa~e for and on behalf of the City; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 19, Page ~.) ~LP. Young moved the adoption of the Resolution. The motio~ was seconded By Mr. Woody and adopted by the followlnE vote: AYES: Messrs. Waldrop, Wehbe~, Young, ~nd the Vice-President, M~. Woody--~. NAYS: Nons ........ O. (M~. Minton absent) 325 REPORTS OP COMMITTEESI None. UNPINIS~D BU3 IK/~3 ~ TRAFFICI Council ~vl~ defferred action on a proposed plan coveri~ parki~ In the vicinity of downtown a~ o~e~ chu~ches~ as su~itted ~ the City the ~atte~ was a~ain ~fore the body. ~e ~tter vas e~ain carried ove~ until ~e meetl~ of July 27, B~-CO~ISSIO~ OF R~I C~ll havin~ deferred action on the request o~ the ~omissio~ off Reveme that $1~000.~ ~ appropriated to the Extre Help item In his budset until the Co~ssione~ sires a state.hr as to ~at ~e extra mo~y will be ~ed for. the City Clerk presented the Follo~l~ co~unication from the Co~lasione~ o~ ~evenue~ Honorable Mayor a~ Members of C~ty Council, Roanoke, VlrElni a Gent leben: In e~lanation of ~ request for ~1,000.~ appropriation fop additional extra help fu~ for ~ budEet~ I ~ish to advise that It Is possible that this ~ditlonal ~ount ~t not be used. However, If ~t ts found that additio~l help will be needed to co~lete the personal p~pevty a~ income ~ tax book this money ~ould be on ha~ rather than havl~ to ~ait so ~at Council could meet and the State Com~nsation ~ard act in the matte~. In the fall of 195~ In reply to about 15,000 lette~ ~ent out by this office there was an u~ooked fo~ a~ ve~ satisfactory re~pon~e b~ dellnque~t taxpayers fo~ ~ich this off~ce ant the Co~Issionem of Revenue was unprepared to meet ~ consequently Supple~nt i of the Incoze a~ Personal J Property book vas delayed a fe~ days beyond the 5th of Dece~er. This dele caused all the con~slon a~ m~sundersta~InE w~th which you are familiar. If thi~ condition happens aEain I ~l~ the Co~[~sion~r ~ill be prepared to ha~le it on the sp~ of the moment a~ If the money asked for is used at all It will be used by reason of ~ch an emergency. In an effort to Eet the Inco~ a~ Personal Property books out on I mm ~w usinE extra help. An extra clerk ~s employed fo~ a ~onth to help with the sale of City Auto taEs In the D~vision of Motor Vehicles, employment of th~s clerk was u~orseen when the budget was submitted. Respectfully yours. (Signed) John H. HaPt Co~[ssto~ of Revere" C~nc~l being of %he op~n~on that the request should be granted, Mr. You~ cf feted the following ~erEency Ordin~ce: (~11860) AN ORDINANCE to ~end a~ reorda~n Section ~5, "Co~tss!oner cf %h~ Revenue", of the 1953 ~udge~ Ordin~nce, ~d proofing for an emergency. (For ~1~ %ex% of Ordinance, see 0rd~nance Book No. 19, Page ~. You~ ~ved the e~ptlon of the Ordine~e. The ~t~on was seconded by ~. W~drop ~nd adopted by %he follow~g vote: A'~: Messrs. Waldrop, Webber, Young, end the V~ce'Pres~den%, Mr. NAYS: None ......... O. (Mr. MIn~on absent) ~NS~ATION 0F ~AI~: ~o~. I~RODUCTION A~ CONSOLATION OF ORD~N~CES A~D R~0U3TIONS: T~C~0SIS ~TORI~: Ordinance No. 118~ prov~d~ for the lease of ~er~atn city f~m land located at Coyner Sprl~s, hav~ previously been before ~ou~ll for its first readi~, read and la~d o~er, ~s again before the body, ~. offeri~ ~he following for its seco~ readi~ ~d f~nal adopt~on~ (~118~) AN ORDINANCE prov~ding fo~ the lease of certain City farm land located et Coyer apres, in ~te~ourt County, Virginia, upon certain te~s and (For full text of 0rd~nance, see 0~lnance ~ok 'No. 19, Page BUILDING CODE~ Ordinance No. 11~51~ adopting the O£ficial Building Code of the City of Boaneke~ having previously been before Council For its First reading , ~nd laid over, was again before the body, ~ro Waldrop offering the following for its second reading and Final adoptlon~ (i11851) iN O~DINANCE adopting by reference, pursuant to the provisions of Section 27-5ol of the Code of ¥1rgl~Is. that certain building code known aa The National Building Code recommer~ed by tha National Boar~ of Fire Underwriters of New York, being particularly the 19~9 edition thereof and the whole thereo£~ save and except such portions as are hereinafter deleted, modified or amended; alee adopting, by reference all of the Standards of the said National. Board of Fire Underu~riters for the Installation of Heat Producing Appliances, Heating, Ventllati~ Air Conditioning, Blower and Exhaust System, as contained in Appendix 'l', to the aforesaid code, (not less than three copies of said Code and of said Appendix 'I' ha been ~ are now f~ed both in the office of the City Clerk of the City of Roanoke, Room No. 114, Municipal Building, and in the office of the Building Inspector of the City of Roanoke, No. 319 Secon~ Street, S. W., where they may be obtained on week deys between the following hours; vis., Fmndays through Fridays from 8:30 a° m. to 5:00 p. m. and Saturdays from 8:30 a. m, to 12 o'clock n~cn,) for the purpose of establishing rules and regulations for the cor~truction, alteration, r arrival, de~olttion, equipment, use and occupancy, location and mainter~nce of buildings and structures, including permits and penalties; providing for the establishment of fl~e limits; repealing all ordlnance~ or.parts of ordinaries in con~llct with the afore- mentioned code as herein amended, and designating the r~nner in which this ordinance may be cited and its effective date. (For full text of Ordinance, ~ee Ordinance Book No. 19, Page Mr. Waldrcp moved the adoption of the Ordinance. The motion was seccndad by ~r. Webber and adopted by the following vote: AYES: Messrs. Waldrep, Webber, Yours, and the Vice-President, Mr. NAYS: None ........ O. (Mr. Hinton absent) RECREATION DEPARTF~NT: Council having previously requested the City AttorneI to prepare an.Ordinance leasing space from l{r. R. A. Alcuf at No. 501-A Campbell Avenue, S. W., for a Teen-Age Girls, Center, he presented sane. After a discussion of the matter, Hr. Webber moved that.action on the Ordinance be deferred until the meeting of July 27 and that in the meantime the Cit; Clerk ascertain when the space will be available and whether or not Mr. Alouf will enter into a contract leasing the space for the re~ainder of 1953. The notion was seconded by Mr. Young and unanimously adopted. STORM DRAINS: Council having previously requested the City Attorney to prepare an Ordinance providing for the employment of Df. Byron N. Cooper, Oeolcglst, and appropriating $1,250.OO for Dr. Cooper~s services, he presented sm~e; whereupon, Mr. Waldrop offered the following Ordinance as an emercency measure= ($11~61) AN ORDINANCE authorizing and directing the employment of Doctor 328 pertinent data ard to make r. eco~mendationa concerning the undergrourd disposal of surface water acctmulatir~ in the I/llllwason Road area of the City; appropriating the necessary money to pay for said investigation; and providing for an emergency. (For ~ull text of Ordinance, see Ordinance Book No. 19, Page Hr. I/aldrop moved the adoption of the O~dinanceo The notion was seconded by Your~ and adopted by the following votes ~ AYESI Meeerao l/aldrop, Webber, lfour~, and the Ylce-President~ Mr. t NAYS.* None ............ 0. (Hr. Hlnton absent) ~AT~ D~ART~hU~ Council havi~ previou~ly requested the City Attorney to t prepare an Ordinance authorlzi~ ~e sale of a sm~l portion of the ~ashl~ton ]Heights Elevated Ta~ 21ts, he presented s~e; ~ereupon, ~. Young moved that the [irollolnplaced upon reading, motion ~s ~econded by 0~lnance be its first The ~. ~ebber a~ adopted by the follo~l~ votel A~: He~srs. ~sldrop, ~ebber, You~, and the Vice-President, ~. NAYS: None .......... O. (~M. Minton absent) (~1~6~) AN 0~DINANCE d~ec~InE %he ~,le of ~9p~oxi~tel~ 0,062 of an ]~con~tttuttng a s~ll poPt~on of ~,e Washington *~e~ts Elevated Ta~ Site, to Lena H. Arnold fo~ a nominal consideration. ~54~, a cc~lttee composed of Ro~ L. Webbe~, Ha~o~ Walte~ L. You~ ?Counciln~, Ra~olph G. ~lttle, City Attorney, H~ry R. Yates, City Auditor, H. ~ ~royles, C~ty E~neev, A~thuP 5. ~ens, City Hana~e~ and Charles E. Moore, In Charge of Const~ctlon of the Wate~ Department Extension P~oEv~m, hays, fo~ :veasorm set forth ~n the coF~tttee~a written vepo~% of June ~3, 1953, unanimously ,reco~nded that the City ~ell a~ convey a szall tract of approxlFmtely O.06Z ~ acre, ppesently co~tltutlnE a s~ll portion of the Washf~ton Heights Elevated Tank Site and ad~oln~nE the hone place of Lena H. A~nold, %o Lena H. Arnold fo~ ~ nemt~l co~ ide~ation. T~0~, BE IT ~DAI~ by t~ Council.of the City of Hoa~ke that the ,]pmope~ C~ty.off[clal~ be, and they afc hereby, authorized and directed, fo~ and on behalf of ~e City of Roanoke, to execute and dellve~, fop a nominal co~lderat~on, a deed contalnin~ such conditions as the City M~aEev a~ the E~lneer In Charge of C9~tructton of the Water Depart~nt Extension P~oEr~ may deem e~edlent, conveyi~ unto Lena H. Arnold, wl~ cove~nts of SPECI~ WAllAbY of title, ~s descmtbed Peal estate, BEGIEHING at a point on the novth side of Wyom[ng Avenue, N. W. (formerly I~lana Ave~e). now 60.0 feet %~de, said beE1~In& point belnE located N. 66" 30* W..558.16 feet f~m the ~mthwest co~ of ~o~ Avenue a~ Monroe Street {now 50.0 feet wide); ~e~e conttnuinE with ~omim~ Avenue, N. W., N. 66" 30' W. 35.80 feet %o a point on the westernly outside bo~da~y line of the Washington Heights subdivision, said sub- division ~i~ of reco~ In Plat ~ok 1, Pa~e ~j, tn the Clevk*s Office of ~e C~rcui~ Court of Roanoke County, Virginia;thence w~th the said westernly bou~mry line an actu~ beatenE and dtsta~e N. 6e 0~' feet (deed N.6~ 00' E. 7~.98 feet) %o a point, sa[d point bel~ the northwest corner of the said Wash~ton heights subd~vlsion;thence with the ~vthev~y outside bou~y line of Washington Heights subdivision S, 62" J5~ E. ~.9~ feet to a point on sa~; t~e w~th a new d~v~s~on line through a~ across the p~o~rty of the City of Roanoke, Virginia, S. 7" 45~ W. 71.79 feet to the place of BEGINNING, a~ ~ntainfng The Ordinance hmv~nE be~n read, was laid ove~. WA~ DEFAR~T: Council h~v[nE prev[~sly requested the City Attorney prepare a ResolutXon directing that the Washin~ton ~[~ts Elevated Ta~ Site be fenced~ he presented s~e; w~reupon~ F~. Webber offered the following Hesolut~on~ (~11863) A R~SOLUTION directing that the Vashington Heights Elevated Tank -~te be ffenced, (For full text off Resolution, ~ee Ordinate Book No. 19, Pa~e ~. ~ebber ~oved the ~option oF the ~esolution. The motion was seco~ed by ~. YounS a~ adopted by the follo~[nS vote~ A~S~ He*sre. ~aldrop, ~ebbe~, You~, and ~e Vlce-~resident. H~. NAY~ No~ .......... O. (N~. Hlnton sbsent) ~AT~ D~ART~ Council havl~ prevto~l~ requested the C~ty Atto~y to prepare a Resolution authorJzl~ the pa~ent of ~]~.~ to CoFe~ Constr~ction Co~any~ Inco~ated~ For sdd~tion~ ~k done by the said co,any, he presented s~ ~hereupon, ~. ~al~offFe~d the follc~in~ emergency ~e~olvtion~ (~1185~) A ~LUTION authorlzl~ ~d directl~ the payment of $],00~.00 to Coffe~ Construction Cc~any~ Inc. ~ as compen~ation Fo~ additional ~ork done by said company In perforate oF ~roJect No. ~ off the ~ater Depart~nt; a~ provtdln~ emergency. (For full ~xt of Resolution, see Ordln~ce Book No. 19, Page ~P8.) ~. Wald~p mo~ed the adoption of the Hesolutlon. The motion was seco~ed b~ Hr. Webber and adopted by the following vote~ A~S: Hessrs. Waldrop~ Webber~ Young, and the Vice-President, Hr. %:oody NAYS= No~ ..........O. (Er. ;tinton absent) WATCH D~T~ Cou~l havl~ prevlously requested the City Attorney to prepare an Ordin~ce provld~g-for the purchase of the J. O. Plu~ett water distribution system, he pre~ented same. After a discussion of the ~tter, ~. ~d~p moved that action on the Ordin~ ace be deferred and the matter placed on the age~a for the next reEul~ meet~n~ on July 27, 1953~ when a ~11 membership of Council Is expected to be present, The ~otlon was seco~ed by Fw. Webber ~d un~imously adopted. ZOhTNG: Council having previously ~quested the City Attorney to p~pare an Ordinance ame~tng Section ~3. Procedure. of Chapter 51, Zoning, of the Code oF the City of Hoanoke, he presented sa~; whereupon~ Hr. Webber moved that the followlng Ordinance be placed upon ~ts first reading. The motion was seconded by Hr. Young a~ ~opted by the followin~ vote= A~S: Messrs. Wald~p~ Web~r~ You~, a~ the Vice-President, }~. NAYS: None ...... O. {F~. Hinton absent) (~11865) AN ~DINAECE m~ndtng a~ reordaining Section h3. Procedure. of Artlcle XI. ~S, of ~apter 51. ZONING, of the Code of the City of as ~e~ed ~ Ord!n~ce No. 10572, ~opted by the Council of the City of Hoa~ke on the Rgth day of Hay, 1950. ~ IT O~h~ by the Council of the City of Hoanoke that Section h3. procedure, of Article XI. ~S, of ~apter 51. ZONING, of the Code of the City of Ho~ke, as ame~ed by Ordin~ce No. 1057~, adopted by the Council of the City of Hoanoke on ~e ~gth day of Hay, 1950, ~, ~d the same Is hereby, ~nded and reordal~d to read as fo11~s: ~TIC~ XI. Sec. ~3. Procedu~. The re~lations, restrictions a~ bou~aries In this chapter contained may from time to ~me be a~nded, supple~nted, chan~ed modified or repealed by the Councll~ after a ~blic hearing at which all p~t~es in interest ~d 32'9 :330 citizens shall have an opportunity to be heard In relation thereto, At least fifteen days* notice of the ti~e and place of hea~in~ a.hall be published in a p.apel' of general publication in the city, provided, howsver~ ~'nsra each proposed c. har~a in, Gl· amendment or supplement tow any such reEulation, restriction or boundary shall be first referred by the Council to the City Planning Co~miasion for report ard reco~mendstion, ard. ~here said Co~lsalon makes such report and recom~endation to the Council, after public hea~lr~ in relation thereto, held by said Co~lasion pursuant to notice published five.days in a paper of germrs~ publication in the city, the public hearing by the Council in relation to such charge, amendment or supplement may be held after at least ten days~ notice of the time and place of such hearir~ published in a paper of general publication in the city. The costs of the publication o£ all notices required by this section shall be paid by the party, or parties, eeeklr~ the charge, modification or repeal. In case, however, of a protest against such chan~e, signed by the owners of twenty per centum, or more, either of the area of the lots included in each proposed cha~e, or of those l~-~ediately adjacent in the. rear thereof, Or of those directlyopposite thereto, such aaencL~.ent shall not become effective except by the favorable v~te of five-sevenths of all the members of the Council, The Ordinance hav.!n~ been read, was lald over, J~rtENILE AI~ DO.MFSTIG REIAT!ONS COURT: Council having previously requested the City Attorney to prepare proper Ordinance authorizing the payment of and apFropriatlnC %~O.00 For f~ll settlement in the Jack Johnson cl.alm, he presented :ss.~e; whereupon., Mr. Youn~ moved that the following Ordinance be placed upon its first readfnE. The motion was seco.~ed by Yw. Waldrop and adopted by the followlnE vote: Ai-ES: Messrs. %;aldrop, Young, and the Vice-President, }Ir. Woody ..... 3. NAYS: .~. Webber ........... 1. (HI-. Minton absent) {#11~65) AN O.~DINA!~CE authorizing the execution ard delivery of aCity [~warrant in the amount of a,~hO.O0 ia full an5 complete settlement of a claim asserted by. Jack Johnson a~alns% the City in said amount; and appropriating such sum from the Gene. re1 Fund for the purpose. ~FdEF~EAS, Dodson & Pence, attorneys for Jack Johnson, heretofore ~ titioned th~_s Counc~_l to pay their said client $2h0.00 in full end complete settle~.ent of a ?1aim they allege that the City morally owes the said Johnson because, as he contends ~e was arrested on or about January 11th, 1953, upon the co;~platnt of h[s wife, ~allle J,ohnson, that he was Eullty of disorderly conduct in his hone; thatthe case ~as scheduled to be tried the fol.lowlng day, lionday, January. l~th, 1953, before the luvenlle & Donestlc Relations Court of the City of Roanoke but was continued For a o~ untll January 19th next; that on or about the 16th day of January next Following, without havlnE been afforded a trlsl, the said Johnson was committed, by said Court, to White Gate, a correctlonal far~ in Bland County, where he was lncar. ~ated for more than sixty days, and %-HEREAS, this Council, after the aforesaid petition was filed before it, ~equested certain o£flcials o£ the said Juvenile & Domestic Relatlons Court to furnfs it a full and complete report in o~dar that it mi/~t determine whether or not there was any moral obligation upon the City to make any settlement in the matter{ the Council having previously been advised by both the City Attorney and counsel, for the petitioner that there was.no legal obligation on the City to pay the clal~, and ~itl~RAS, the officials of the said Juvenile & Domestic Relations Court, in response to the request of this b~dy that they do es, appeared before Council and reported, in effect, that an unfortunate mistake had been made; that the said Johnsoz had, due to such mistake, been commltteed to the said correctional farm without haul! been tried; and, that the regrettable mistake occurred primarily because of the pres~ of the work of the court, and WHEREAS, at still subsequent meetings of the Council, and at its request, th~ officials of the said Juvenile & Domestic Relations Court appeared and stated that further investigations of the records of the court disclosed that no mistake had bee~ made in the premises, aa they had at first reported, but, on the contrary, t he said Johnson had been lawfully tried on the offense for which he stood ch~trg~d, had been convicted thereof and had been fined ~25.00 and costs and had been duly and lawfully senten'ced to serve ninety (90) days at the aforesaid correctinnal farm, and WHE..R~AS, the ~eoresald Jack Johnson has steadfastly maintained that he ~as never tried on the offense for which he stood charged before said court, and WP~REAS, this Council, under the peculatr circumsta~ces of this claim, is .disposed to resolve any doubt In favor of the petitioner. THE.~EFORE, ~E- I~ ORDA!h~{D by the Council of the City of Roanoke that the CityAudttor be, and he is hereby, authorized and directed to execute e proper City warrant in the amount of ~2~0.00, payable to the order of Dodson & Pence, Attorneys for Jack Johnson, and to deliver the a~me to said counsel, in full end complete settlement of any and ell claims that the aforesaid Jack Johnson may have against th! City of Roanoke in the premises. BE IT FURTHER ORDAIhq~D that there be, and there Is hereby, appropriated from the General Fund $2~0.00 to be uaed in honoring the aforementioned warrant. The O~dlnance having been read, was laid over. GRADE C~0$SIEOS: Fw. Young brought to the attention of Council and offered the followlnE emergency Ordinance, as prepared by the City Attorney, providfn~ for acquisition of certain real estate necessary for the constI~/ctton of the Jefferson Street Grade Crossing Elimination Viaduct and providing for the purchase price of six properties: (#11867) AN 0~DINANCE providin~ for the acqutsltlon of certsln Peal estate aecessary for the construction of the Jefferson Street Grade CrosslnE Elimination Viaduct and Pro~ect; providing for the purchase price thereof: and provtdlnE for an emergency. (For full text of Ordinance, see Ordinance Book No. 19, Page ~ag. M~. Y~un~ mo~ed the adoption of the Ordinance. The motion was seconded by }~. Waldrop and adopted by the following vote: AYES: Messrs. Waldrop, Webber, Young, and the Vice-President, Mr. NAYS: None .............. O. (M~. Minton absent) MOTIONS AND MISCELLAI~0US BUSI}~SS: COUNCIL: H~. YounF brought to the attention of Council the question of havln 332 In l'J.').lS connectionm H~. YounS moved that the City Hanager be requested to have the certificates p~nted. The motion ~as eeconded by ~, ~ald~op and unanimous adopted, There being no ~rther b~i~ss~ Cou~l adjourned, AFPROVED ' Clerk ' ~ President COUNCIL: REGULAR~EETING~ Monday, July 27, 1953. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, Monday, July 2~, 1953, at 2:0Oo~clock, the regular meeting hour, with the President: Mr. Webber, presiding. PRESEFr: Messr$o Hlnton, Waldrop, Voody, Young, and the President: Webber ...................... AB~E~T: Hone ....... -o. OFFICERS PRESENT: Mr. Arthur S. Owens, City Hanager~ Mr. Randolph G. Whittle City Attorney, and Mr. MartyR. Yatee, City Auditor. The meeting was opened with a prayer by the Reverend John E. Richards, Pastc of First Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, June 29, 1953, having been furnished each member of Council, upon motion Of Mr. Young, second by Mr. Waldrop and unanimously adopted, the reading was dispensed with and the minut ~approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Notice of a public hearing on the question of rezonlng from General Residence District to Business District property located north of Gllmer Avenue~ N. W., between Gainsboro Road and First Street, described as Block 3, Official Survey llWl~ Official Nos. 2011801, 2011802 and 2011803, havln~ been published in ~he Roanoke World-News~ pursuant to Article XI, Section ~3, of Chapter 51 of the Code of the Clt~ of Roanoke, setting the time of the hearing at 2:00 o'clock~ p. m., Monday, July 27,1 1953, the matter was before Council. There being no persons present objecting to the rezoning of the property, Mr. Waldrop moved that the request be granted and that the following Ordinance be placed upon its first reading. The motion was seconded by Hr. Woody and adopted by the following vote: AYES: Messrs. Minton, Waldrop, Woody, Young~ and the President~ Mr. Webber- NAYS: None ............. -O. (#11868) AN ORDINANCE to amend and reenact Article I, Section iF of Chapter 51 of the Code of the City of Roanoke, Vlrginia~ in relation to Zoning. WHEREAS, application has been made to the Council of the City of Roanoke to have property located north of Gtlmer Avenue, N. W., between Gainsboro Road and Firs Street, described as Official Nos. 2011802 and 2Ol1803~ Block 3~ Official Survey FW 1, rezoned from General Residence District to Business District, and %flfl~REAS, the City Planning Commission has recommended that the above propert be rezoned frOm General Residence District to Business District as requested~ as wel as property described as Official No. 2011801, Block 3, Official Survey ~ 1, and WHEREAS~ notice required by Article XI, Section %3~ of Chapter ~1 of the Cod 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 WHEP. EAS, the hearing as provided for in said notice published in the said newspaper was given on the 27th day of July: 19~3, a[ 2:00 o'clock, p. m., before th Council of the City of Roanoke in the Council Room in the Munlcipal Bulldlng~ at which hearing no objections were presented by property owners and other interested parties in the affected area, and · "333 '334 I~RAS, this Councilt after considerir~ the application for re=onlngt is the opinion that the above property should be rezoned as requestedt as well as property designated as Official No, 2Ol1~O1t Block 3t Official Survey 1~ 1o THEREFOREt BE IT ORDAIneD by the Council of the City of Roanoke that It Section 1t of Chapter ~1 of the Code of the City of Roanoket Vlrgirtiat relating to Zonir~t be amended end reenacted in the folloving particular end no othert Property located north of Ollmer Avenuet No Wot between Oalnsboro Road end First Streett described as Block 3t Official Survey ~ 1t designated on Sheet 201 of the Zoning Hap as Official Mos. 2Ol1~O1t 2011802 end 2Ol1803t bet and is h~reby changed iron General Residence District to Business Districtt end the Hap herein referred to shall be changed in this respect. The Ordinance havir~ been react was laid over. BUILDING CODE-HOVINO PICTURE HACHI~E OPERATORS: Council at its regular meeting ' of June ~t 19~]t having directed that a public hearlr~ be held at 2:1~ o:clockt p. July 27, 19~3t on an Ordinance regulating end l~ovidin~ for the operation of~otion . picture booths and ~achines; provldin~ for the inspection end licensing of motion picture booths and nachine~ and =acttine operators~ respectively~ etcot the ~atter was again before the body. There being no presons presen~ objecting to the requirements of the Ordinanc$ and the City Clerk advising tPat approximately thirty-five notices of the hearing have been mailed by the Electrical Inspector to machine operators and other interest~d persons~ Mr. Mlntc~moved that the following Ordinance be placed upon its first readiSg. The motion was seconded by Mr. Woody and adopted by the following vote: AYES: Messrs. Minton: Waldrop~ Woodyt Youngt and the Presidentt Mr. Webber--~. NAYS: None .................. O. (#11869) AN ORDINANCE regulating and providing for the operation of certain !imotion picture booths a~.d machines; providing for the inspection thereof; regulating the maintenance of equipment in such booths; licensing motion picture machine operators and apprentices; providing for the appointment of an Examining Board there or; and providing penalties for the violation of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: (1) License to Operate. -- It shall be unlawful for any person to operate a 1,3~ MM motion picture machine in the City of Roanoke without first obtaining a licens~ !ias a Motion Picture Machine Operator under this ordinance so to do: and it shall also ibe unlawful for proprietor or of moving theatre other any picture liplace where 3~MM pictures are sho~n to employ an unlicensed operator. The certificl !!of the operator of the motion picture machine shall be in the operator's possession at all times while operating and shall be subject to inspection by members of the Examining Board and Inspectors of the City Fire Department; (2) That there is hereby created a Board of Examiners to consist of the City Electrical Inspector~ the Chief of the City Fire Department and a qualified Motion Picture Machine Operatort the last of whom shall be appointed by the City Manager; (3} Applications. -- Examining Board. -- Fee for License. -- Application for examination for licenses end for special permits hereunder shall be in writing upon form to be furnished by said Board; shall be signed by the applicant andt in the of an application for an operator's licenset shall contain a certificateof the applicant that he has (a) theretofore been licensed as an operator by some other state or locality having substantially the same standards of qualification as the City of Roanoket or (b) that he has theretofore operated motion picture machines under the direct supervielon of a duly licensed operator for a ~ln~u~ of ~OO hours i or (c) that he has theretofore had experience in the operationa~ ~otion picture machines ~d~tch, in the opinion of the Board~ constitutes the equivalent of (a) or supra, Said Board slu~exa~ne all applicants for license within five days after application is ~adeo The exa~nation of each applicant for a ~otion picture ~achine operatorts license shall be vritten or ~'ltten and oralt at the discretion off the Board~ end shall include a de~onstration of ability, The exa~lnation of each appli- cant for a ~otion picture ~achine operator's license shall relate to the subJects~ (a) Handling of the head, lamp~ appliances and ~irir~ of the projection equllxnent in the projection rOO~o (b) Practical testin~ for electrical defects in the lamp and in the projection roon and of mechanical operation of equip~cnt and appliances, (c) Use o£ various safet~ appliances in the projection roon, (d) General precautions to be observed in operatl~ motion picture projectors and of all electrical connections, (c) Projection. (f) Laws and re~ations soverning motion pictttre projection, If the applicant is found qualified and has paid the proper fee to the City Electric~ Inspector~ he shall be furnished vith a license certificate sho~lr~ his qualiflcatio: as a ~otion Picture ~chine Operator~ duly sl~ned by a majority of the members of th~ Board. Said license shall be ~ood for one year~ but may be renewed without further examination upen application therefor to thc City Electrical Inspector and payment of a fee for the reneval licenser provided said application shall be made within one year of the expiration of said license~ but if made after one year a new exa~inatto~ shall be required before a license shall be issued, The fee for the ex~ination and issuance of an iMtial Operator's License hereunder shall be Three Dollars wMch! shall be Imid to the City Electrical Inspector upon application for ex~nination and shal~not be refundable in any case, The flee for the issuance off each renewal license shall be One I)ollar per aun~n, said fee to be paid to the City Electrical Inspector upon application for the ls~ance of the renewal license. Each applicant shall state ln Ms application his a§e, previous experience and his last place of e~ploy~ent and such other information as is deemed pertinent and is required by the Board, Any npplicant failinz the e~a~ination sha]~ not be permitted to take the sa~e a~ain witMn six ~nths frown such failure, Each and every person holdin~ valid and currently effective ~Hov~n~ Picture Hachine Operator's Licensee heretofore issued to such person by the City Clerk is hereby declared to be dttty qua~lfied and licensed under this ordinance and ~uch prior license slumll, upon [ts expiration~ be subject to renewal upon the tel~s and provisions herein contained; (~) A~e Limit. -- Apprentices. -- No person shall be given a license to operate a ~otion picture ~mchine ~ho i~ not 18 years of a§e or over, Special per~it~ may be issued by the Board to apprentices ~ho desire to learn to opcrate~otion picture machines° S.mid apprentices ~ust be 18 years of a~e or over~ shellwork abou~ isaidmachines only under the direct ~pervision of a qualified licensed operator before being ex,a~lned by the Board for the issuance of an operator's license; (~) Operatin~ Btttes, -- No operator of motion picture machines shall ~oke or permit smokin~ in the projection booth at any trine, No operator shall drink or per~t the drinkin~ of any alcoholic bevera§es or the storlr~ of same in a booth at 335 336 any timet permit any fLre or open light ~n the booth while the audience is ;In the btLtldingt alloy a door of the booth or magazine to remain open wl~lle operatlr~ a machinet read wh~le operatin~ a machinet permit an unlicensed person other than the manager of the theatre or his authorized representative or one du~y qualified apprentice or any authorized City Official to be or remain in the booth wh~le the audience is in the bulldinAo I~hile the machine is bein~ operatedt there shall be no film exposed in the booth except film in the process of transfer to or from magazine from upper to lower magazinet or beir~ rewound. The operator shall not operate defective machinet allow waste paper or other infl~mre~bles in the bootht over-fuse the machine or make improper electrical connections, latch the door on the inside or remove the handle from the outside of the door or otherwise delay the entrance of authorized personst or lend a certificate to any other person to enable him to operate or exhibit motion pictures and rewind films; thread up other machines or do anything else at the time said pictures are being exhibited which mtght divert his attention from motion picture machines then in operation. (6) Motion Picture Projectors. -- Nitrocellulose Film. -- The provisions requirements of Sections ~O1 through 51,O3, Section 51,11 through ~*19 and Section 5~1~ the provisions and requirements of Pamphlet No. ~0t Standards of the National Board of Fire Underwriters of Nitrocellulose Film, July l, 1939t (Reprint 1949)t are hereb~ adopted and made a part of this ordinance and incorporated hereint by reference, es though set out in full herein. (7) Penalties. -- Any person, firm or corporation violating any provisions of this ordinance, or any proprietor or manager of any 35 MM moving picture theatre or other place where such moving pictures are shown who shall knowingly permit or allow the violation of any provisions of this ordinance in such theatre or other placet shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $5.00 nor more than $100.00 for each offense. Each separate showing of film, shown by an lmltcensed operator or in any other w~y in violation of the ordinance shall constitute a separate offense. The Board herein appointed shall further have power to revoke or suspend the license Of any motion picture machine operator or the special permit of any apprentice upon the conviction of said o or apprentice of any offense within the provisions of this ordinance. The Ordinance having been read~ was laid over. ZONINO: Notice of a public hearing on the question of rezonin~ from ~eneral Residence District to Business District the remaining portion of property located on Williamson Road, N. E., between Wlldhurst Avenue and Oakland Schoolt described as Part of Lot 1t Block Itt Map of Upson Additiont Official No. 31601~7t having been published in the Roanoke World-News pursuant to Article X~ Section ~3, of Chapter 51 of the Code of the City of Roanoke, setting the time of the hearing at 2:30 p. m., Mondayt Saly R7t 1953, the matter was before Council. There being no persons present objecting to the rezoning of the propertyt Mr Woody moved that the request for rezoning be granted ahd that the following Ordinanc be placed upon its first reading. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Messrs. Minton~ Waldrop, Woody, Young, and the President, Mr. NAYS: None ................ '- .... O. (#11870) AN ORDINANCE to amend and reenact Article It Sec~inn 1~ of Chapter' ~1 of the Code of the City of Roanoke~ Virginiat in relation to Zoning° MIi~EA$~ application has been made to the Council of the City of Roanoke to have that portion of property located on Williamson Road~ No Eo~ betveen Wildhurst Avenue and Oakland School, described as Part of Lot 1~ Block ~, Nap of Upson Additio Official No. 31601~7~ now zoned as Oeners/ Residence D~strict~ rezoned to Business District ~ and WH~EAS~ the City Planning Co=mission has reco~uended that the above propert be rezoned from Oenerml Residence District to Business District as requested~ and %d~RF~$~ notice required by Article XIt Section ~3~ of Chapter ~1 of the Code of the City of Roanoke~ Virginiat relating to Zoning~ has been published in "The Roanoke t/orld-Newse~ a newspaper published in the City of Roanoke~ for the tl,~e required by said eection~ and WHI~EAS~ the hearing as provided for in said notice published in the said newspaper was given on the 27th day of July, 19~ at 2s~O o~clock~ po 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 interested parties in the affected area~ and I4HEREASs this Councils after considering the application for rezoning, is of the opinion that the above property should be rezoned as requested. THHREFORE~ BE IT ORDAINED by the Council of the City of Roaoke that Article Section 1~ of Chapter ~1 of the Code o£ the City of Roanoke~ Vlrginla~ relating to Zonings be amended and reenacted in the following particular and no other~ That portion of property lo~ated on t~llliamson Road, N. Eo~ between WlldhursI Avenue and Oakland School~ described as Part of Lot 1t BlocE ~ M ap o£ Upson AdditiOn, designated on Sheet ~16 of the Zoning Nap as Official No. ~160127, now zoned as General Residence District, be~ and is hereby chan ged to Business Districts and the! ~ap herein referred to shall be changed in this respect. The Ordinance having been read, was laid over. STORH DRAINS: Mr. Edwin M. Young, Attorney, appeared before Council on behal~ of certain residents of the 1~00 block of Rugby Boulevard and Watts Avenue~ N. requesting that immediate action be taken to relieve the drainage problem in that On motion of Hr. %~aldrop~ seconded by Mr. Young and unanimously adopted, the request was referred to the City Nanager for study, report and recommendation to Council. STREETS AND ALLEYS: Mr. F. Rodney Fitzpatrick~ Attorney, representing the Roanoke Iron and Bridge %~orks~ Incorporateds appeared before Council and presented the folloving petition requesting that an unnamed street be vacated, closed and discontinued: "IN THE COUNCIL FOR TH~ CITY OF ROANOKE~ VIRGINIA TO THE HONOtL~BLE NAYOR AND ~BmS OF CO~CIL --P --~ ~-- ! T_ I O N Your petitioner~ Roanoke Iron and Bridge ~orkst Incorporated~ would r.e.sp.ectfully represent unto the city Council the following set of facts wnlcn would entitle your petitioner to the relief hereinafter requested. 1. There Xe filed in the office of the City Engineer of the City of Roanoke, Virginiat a subdi~rlsion of certain lands known as the map of Roanoke Land and Improvement Conpany~ dated January 1, 189~, ~/hich map never recorded in the Clerk's Office o~ the Hustings Court for the City o£ Roanoke ~ ¥irglnia. '338 2, There Is designated on said mp an u~ed and unused street para.l.lel t~_ ..a~d :~.out.h 'o.f Albe~arle_Avanue! 5; .E,m beginnin~ at the right-of- ~my ~ln_e o~ ~ae vlrgln~.an Railway ~o~pan~m and rmmin~ east ~ith a ~ldth of .fif.ty.reet to Roanoke nlvsrt and ~aich Is bounded on the nol.th by {~ prod' text_ended) 1.ins of Lot 10, Block 6~ Roanoke Land and ~prove~ent'~apany of 16~ (be!n~ an extention of the sa~e unn~ed street ~d~l~h ~as ~losed vacated~ and discontinued by Ordinance No. 86~ of the Council of the Roanoke in Julym 1~7~ recorded in Roanoke City Ordinance Book 1~ pa~e 3, The said street is bounded on both the north and south by the lands f your potitioner~ Roanoke Iron and Bridge Works, Incorporated,on the Yest y the 1.and_s.of the Virginian Railway Co~pany~ and on the east by the ~aters of Roanoxe nlVero There areno approaches to ~dd street and the street has not been used for ~ore than twenty years. The said street provided neither lr~ress nor egress to any property VhatsoeYer~ and the vacation and closin~ of said street ~ll! not abridge or destroy any privileges or rights of any person or property o~ner, 1~, Your petitioner, Roanoke Iron and Bridge ~orks, .Incorporated~ and the_Vir.~lni.an .R.a. llway .Company! have, by an agreement dated June 1~, confor~ln~ to the provisions of Sections 1~-766.1 and 1~-76~.2, Code of ¥1rginla, 19~O~ as a~ended~ bein~ all the abuttin~ land o~ners on said street have evidenced their consent to and have agreed to vacate said unnamed street should said street have ever had any legal exlstence~ said agreement bain~ subject to the approval of the City Council~ the governing body of the City of Roanoke~ ~here said unnamed street is located, NO~ TBEREFOREt your petitioner prays the Council of the City of to approve the said agreement dated June l~ l~ between Roanoke Iron and B~ldge Works~ Incorporated~ and the Virginian Ball~ay Company~ and enact an ordinance vacating, closin~ and discontinuing that certain unn~ed street south of and parallel to Albemarle Avenue~ Southeast~ beginnir~ at the right- of-~ay line of the Virginian Railway Co~any~ and runnir~ east with a width of fifty feet to Roanoke Blver~ and ~d~tch i.s bounded on the north by a produced. (extend_ed) line of Lot lOT Block 6~ Boanoke Land and Improvement ~onpany ~ap of Respectfully submitted~ Roanoke Iron and Bridge ~orks, Inc, By Counsel (Sl~ned} F. Rodney Fitzpatrick F. Rodney Fitzpatrickm Attorney Shenandoah Building Roanoke~ Virginia" On motion of Hr. Your~g, seconded by Mr. Waldrop and unanimously adopteds the request ~as referred to the City Planning Co~nission for studyt report and recommend tion to Council. DEP~THENT OF PUBLIC YELFARE: Hr.Frank E. Atkins appeared before Council~ stating that the Local Welfare Department has not igcreased his §rants and that he cannot get along on the present allotment of $~0.00 per month he and his wife are now receiving. Hr. Atkins was advised that he could appeal his request to the State Board of Public Welfare~ that at the present t~ne he is receiving the full amount allowed by PETITIONS AND CO~4UNICA?IONS: COHPLAIh~S: A co~mmication from Hr. Charles C. Rush, St.m complaining that t~ree Chinese Elm trees located in front of his home at 170~ Windsor Avenue, S. W., are badly diseased and are a nuisance and requesting that the trees be removed! ~s before Council. On ~otion of Hr. Waldrop~ seconded by H re Youn~ and unanimously adopted, the request ~as referred to the City Haneger for disposition. FIRE DE?A~IHENTt A petition signed by t~enty Volunteer Firemen of Tr~ck No, 12, in the Garden City section of the city~ requesting that necessary funds be authorized to ~edietely erect a Fire Station on the corner lot of Danforth Avenue and Garden City Boulevard~ S. E,, or on the Liptrap property~ ~us before Council. On motion of Hr° Woody, seconded by Hr° Hinton and mmnimously adopted, the petition~s referred to the City Hanager for study, report and recomaendation to Council, LIBRARY BOARDs The follo~l~ petition signed by Hr, C, Do Hurts Presidents Roanoke ,Publlo Library Boards requesting certain char~es in Chapter 39s Public Llbrariesj of the City Codes vas before Councll~ ePetitio~ o.~f ~oanoke Public Llbrar~ ~oard To The Honorable Neabers of Council~ Roanoke Public Llbrary Board respectfully represents that~ (1) Section 10 of Chapter 39 of the Code of the City of Roanokes Virginias is as follovs~ _Any person desiring to ~aks dor~tons of ~oneys or other propertys real or personal, for the benefit of the library system shall have the privilege to vest title to such property in the library board to be held and controlled by such board when accepteds accordir~ to the ter~s of the instrument vesting such title; and as to such property the library board shall be held and considered as special trustees. (2) Pursuant to said section one bequest and several gifts of cash have been~ade to the Board. These funds have beenhandled by the Director of the libraryunder the direction of the Board, The total of cash end securities (at book value) is nov $16s]0~,~3. Attached hereto Is a schedul~ separately sh~ln~ the status of each fund. (3) The Board vas recently advised that since it has no charter status and is purely a creature of the Council to be continued or abolished at the pleasure of the Councils there is grave doubt as to the validity and effect of the section of the Code above quoted. For that reason the Board has been advised that it co'mld not hope to successfully solicit endo'~nent funds, (~) At the instance of the Bo~rd a charter ~s accordingly obtained from the State Corporation Co~nission of Virginia on )lay 26, 19~3s for ~AN0.~E P.UBLIC LIBP~RY FOUNDA?IORj a non-stock and non-profit corporation, ·ne s~atea purpose of ~hich ~ls to promote expansion and improvement of the facilities and services of the Roanoke public library system~. A copy of the charter Is herevith filed as an exhibit. (~) The Board proposes to actively solicit gifts and bequests to the Foundation for the purposes stated in its charter. (6) The Board has been advised that because of the questionable status of the bequests and gifts heretofore made to its proper action should be taken to Legalize their status. (?) To guard against similar uncertainty as to the status of future gifts that may be ~de for the benefit of the public library system~ the Board is further advised that the section off the Code above quoted should be repealed. (8) The Board is further advised that the vishes and purposes of the donors of existing funds may be fully carried out by delivery of present funds and securities to the Foandationo IN CONSIDERATION NHEREOF the Board respectively prays that: (a) The Council ~rlll by proper ordinance authorize and direct the Board to turn over to the Foundation all existing securities and funds no~ held by it under bequests and gifts heretofore made for the benefit o£ the Roanoke public library system to be administered in accordance vith the expressed vishes of the donors; and (b) Section l0 of Chapter 39 of the City Code be repealed. Very respectl~lly~ ROANOKE PUBLIC LIBRARY BOARD By ~l~ned) C.. D, Hurt President Dated: ~une l~, 19~3.~ On motion of Nr. ~oodys seconded by lit. ~aldrop and unani~ously ~dopted~ the request ~-as referred to the City Attorney to prepare the proper Ordinance in accordance vlth the Library Board request. PARKS AND PLAYGROUNDS A co : ~nunication from the ~ildvood Civic League requesting that some plan for develol~ent of the ~organ propertys recently purchasedI b y the city for park purposess be vorked out in order that the people of the area ca~ use the property to an advantage and offering to render any service or help they can in the development of the propertys vas before Council. 339 On ~otion of Hr. Hlnton0 seconded by Hr. ~aldrop and unanimously adopted0 request vas referred Jo the City Hanager for etudy and report to Council. REPORTS OF 0FFIC]~S~ ACADEHY OF ~SIC~ITY PROP~Y~ ~e City ~er ~tted ~ltten re~rt to~ether ~lth the foll~l~ co--cation fr~ the ~Slc City ~tor Cor~ration ~n co~ection ~lth use of the old Acade~of~sic lot~ ~. Art~ S. ~ens~ Clty~a~er City off Ro~ke Roa~ke~ ~aF Hr. ~ens~ It ~s been brought to o~ attention that our l~dlord, ~. B. H. Phel has trl~ to ~c~se from the City the old Acade~ lot. ~e also ~dersta~ that City Co~cil did not l~k favorably on the p~sition of ~elll~ ~ real estate. ~e at ~lc City Hotor Cor~ration are terrifically crovded for space off customers cars due to traff~lc problem~ ~ch have been bro~ht a~ut by the ~ncrease of auto~b~le~ t~cks~ and necessary c~es ~treet ~rki~ ~d etc. ~rlier tMs year~ ~e took t~s traffic problem ~p ~lth you ~d present pict~es to ver[~ co nditions ~n o~ area. You ve~ ~r~ciously~ alo~ ~lth the traffic ~na~er~ looked ~nto t~s ~tter at once ~d ~de a par~ c~e on Fourth Street, but ~e are still crovded. ~e pay from $10~ to $1~,~ a year C~ty license to do busines~ at o~ place~ try to c~perate ~th the C~ty in a~ its problems, ~d also do our level best to t~e care of ~r cu~tomers, ~d since the City does not ~lsh to sell the Acad~ ~t~ ~e ~lll appreciate you takin~ the ~tter up ~[th City Co~cll~ ~nday the ~th~ displayi~ pictures t~t you no~ ~ve ~der consideration renti~ lot to us at a fair fl~e. ~en ~e c~ t~e lot off customers car~ off the streets~ ~d assist ~terially It i~ our ~derstandl~ that you c~ot do a~thi~ defi~tely affter Av~u~t l[th~ due to contract ~lth P~. ~necofff. ~o~ever~ ~ill t~e ~ome action no~, you co~d no doubt ~tart the vheel~ rollin~ that action could be t~en ~hortly ~ter the ~necoffff contract expire~. ~ you for your cons~deration in t~ ~tter~ ~e Yours very ~GIC CITY H~O~ CORPO~TION (Signed) H. G. Jo~on President" On motion of Mr. Waldrop~ seconded bye. ~nton ~d ~mously adopted~ the ~tter ~s carrled over ~til the next regular meetin~ of Co~cil on Au~st 10~ 19~3. AIRPOBT: The City M~er presented ~ltten re,ri together with a request from the Civil Aero~utics A~stration advising t~t the Dlstrlct ~ectro~cs ~inte~ce Inspector ~s to be assigned to the Ro~oke area in the ne~ ~ture ~ill require office s~ce of appro~tely one h~dred seventy-five square feet ask[~ whether or not the space is available ~d tf so at ~t cost~ the City M~age advisi~that space is available on the second floor of the Airart Ad~stration Buildin~. After a discussion of the ~%ter~ ~. ~oody ~ved t~t the C~ty advise the Civil Aero~utics A~nist~tion that the ~ce is available at $~.~ per square foot Der year. The motion mms seconded by Mr. Yo~d~mously adopted. S~AGE DISPOSe: ~e C~ty ~er presented the follo~n~ report ~n co~ec- tion v[th the sludge disintegrator ~chine to be used at the Sewage Dis~sal Plant: =Roanoke, Virginia July 27, 19~3 To The City Council Roanoke, ¥irginia Gentlemen~ You referred back to me at our meeting on July 13, 19~3, my report to you concernir~ a sludge disintegrator° The Royer Hanufacturing Company has agreed to let ns try out the larger eize ~achine~ and if it vorks satisfactorily, ! will ~ake e subsequent repor to you concerning it. Respectfully submitted, (Signed) Arthur So O~ens Clty Hanager~ The report ~as filed. G.~ADE CROSSINGS~ The City Hanager presented the following report in connecti~m with payments for architectural services on the Jefferson Street Grade Crossing Elimination ProJect~ ~Roanoke~ Virginia July 27, To The City Council Roanoke, Virginia 6entle~en~ I am in receipt of a letter from Hro ~° F. Smith~ Urban Engineer for the State Department of Righ~ays, concerning payments for architectural services on the Viaduct. Since the City receives a ~et fund fron the Federal and State Governments and it ~ould expedite matters for the bill to be paid locally ! conferred riCh_Mr. A. R. Stone, Chief Engineer, Eorfolk and ~estern Hal~way Co~pany~ aha ~ound they were ~illing to Join vith the City in paying the bill loca[ly~ _ ~bvlously this is in conflict ~lth the ordinance adopted at the neetine[i on 4u~y 13, 19~3. This would require authority fron You for eith-- t~. Railway Co~pany or the City to make these payments t~e other ~a~[~ [~- subsequently refund the paying agency. ~ ~ --' -- Respectfully submitted~ (Signed) Arthur S. O~ens City Hanger~ After a discussion of the matter, Hr. Young maved that the City Attorney prepare the proper measure to provide for the payments Of the architectural services The motion ~as seconded by Hr° ~oody and unanimously adopted. STKEET 1HPHOVEH]D~fS: The City Hanager having again been requested to further negotiate with the property o~rners on Cove Road~ N. ~., ~ith reference to donation o: land for street widening purposes in exchange for curb and gutter, he submitted ~ritten report advising that since the last report vas submitted three additional property o~rners have agreed to donate the land required to make Cove Road 70 feet ~ide°in exchange for curb and gutter~ which leaves eight land o~ners who refuse to give land in exchange for curb and gutter and eight land o~ners vho viii not sign either In a discussion of the matter, Hr. Hlnton brought out the great need for widening of th/s street in connection vith the Hershberger Road project and moved that the Clty Hanager further negotiate with the land o~ners on the basis of the cdt) constructing both sidewalk, curb and gutter as vas originally contemplated in the petition requesting the improvement, Hr. Hlnton comnenting that if those who have refused to donate lands are assured of both sidewalk, curb and gut-te~ construction ti at possibly they will agree to the donations. The motion vas seconded ~y Hr. ~aldrop and unanimously adopted. '.342 ~OLICE DEPARTHENTI The City Hana~er svbadtted vrltten report adv~si~ t~t ~lli~ B. Carter~ a ~eute~t ~n the ~olice ~art~ent~ ~ ~s inJ~ed In duty on J~e ~ 19~3~ Is still co~ned In the ~v~s-0ale Hospital because of injuries sustain~ In ~ auto.bile accident ~ t~t ~s sick leave ~er the provisionsof the city re~lution e~lres A~st 2~ 19~ the City ~er rec~e~i t~t Lieute~t Carter be paid ~s reeler sala~ for an additio~l period ~t to exceed sixty days f~ Au~t 2~ Hr, ~nton ~v~ t~t Co~cil concur In the reco~e~ation of the City ~er ~d offered the follo~ Resolution= (~1187~) A ~S0L~ION aut~rizinE ~d d~rectin~ t~t ~llli~ B. Carter~ Lleuten~t In the Police ~rtment~ ~o Is ~ble to ~rfo~ ~s reg~ar duties accost of perso~l inJu~ received In line of dut7~ be ~id Ms re.ar salary for an additio~l period not to exce~ sixty days fro= August 2s 19~3. (For ~1 text of Resolution, ~ee ~dimce ~ok ~o. 19~ Pa~e ~3~.) ~. P~ntm~oved the adoption of the Re~lution. The ~otion vas seconded by l~oody ~d adopted by the follo~l ~ote: A~ Messrs. Mlnton~ Waldrop~ ~'oody~ Yo~ ~d the President~ Hr. Webber- NAYS: None .............. O. WAT~ DEP~T~ The City H~ger subaitted the follo~i~ re~rt In co~ec tion ~lth certain tiaber on the Falli~ Creek ~ter shed: "~oaoke~ Vtr~lMa July ~, 19~3 To ~e City Co~cll Roa~ke~ Gentlemen= IMomation tht has been fur~shed to me leads to the belief ceftin t~ber on the Fallin~ Creek ~ter shed ~hould be cut ~d sold. vo~d reco=end the follo~i2: 1. Authority be grated to ~e a ~rvey. 2. A study be ~de as to the effect of the removal of the timber from the ~'ater shed. 3. ~o~sal for reforestation. ~. E~ber of board fe~t available ad program for cutti~ sue. ~. ~ other incidental factors t~t void protect t~ber~ %'ater shed~ ~d other City interests. Res~ectf~ly (Sl~ned) Arthur S. ~ens City ~er" ~ notion of Mr. Waldrop~ seconded by Mr. Woody ~d mi~ou~ly adopted~ the reco~endationsof the City ~a6er were concurred ~ ~ ~IC ~TIONS CO~T= The City ~a~er ~b~tted the followl~ letter froa ~. gilli~ E. ~eddin[ton~ c~er Probation Offtcer~ and ~nestic ~elations Court, in co~ection ~ith ~prov~ent at the J~e~le ~tentlon Eome: "J~Y 9~ 19~3 ~. Arth~ S. ~ens City H~a~er M~ci~l Buil~ Ro~oke~ V~rg$~a ~ar ~. ~ens: ~ t~e t~s occasion to bring to your att~tion the attached ~ a co~y of a letter dated J~e ~ 19~3~ from ~chard W. Copel~d, Department of Welfare ~d Institutions. ~ese requis~tions cover a ~nis~ necessa~ to replace worn ~d ~usable items. As noted in the co~ of the a~ve-ment[oned letter~ these requis[t$~s ~ve been sub~tted the direc~o~ of the State Board of Welfare ~d lnstStutions and the cost approved for 10~ reimbursement to the c~ty ~en ~urc~sed. 343 Would you be so kind as to bring this ~atter to the attention of Counci for their action? Thanking you in advance for your consideration~ Yours very truly~ (signed) Willia~Eo Weddington Chief Probation Officer (Signed) K° Ao Pate Judgee In this connection~ the City Hanager also sulmltted ~rltten report reco~-end lng that authority be granted for the purchases amounting to $4~012,11 since it is apparent the State is l~terested in lmpro¥ingthe Hone and rill pay the cost; vhereu[~n~ Hr° Woody ~oved that the ~atter be referred to the City Attorney for preparation of the necessary measure for the next regular neeting of Council providing for the 'purchases. The notion vas seconded by Hr. Elnton and unanimously adopted. ~TREET IHPROVEHEhUSs The City Hanager subnitted the folloving repart in connection vith a program to keep do~n dust on various streets in the Vashington Heights areas ~Roanoke, Virginia ?o the City Council Roanoke, Virginia Gentlemen: You referred to ~e at our meeting on Nonday, ~une 29~ 19~ a request from the citizens in Washington Heights for a program to keep do~n the dust To accomplish this for the balance of the year ~ould require a special appropriation of $1~0OOo00. Respectfully eub~/tted~ (Signed) Arthur So O~ens City Hanager' In this connection, the City Hanager stated that instead of applying an oil treatment to the streets, vhich is only a temporary ~easure, he reconmends that a lev of the streets vhich have all utilities lines installed in them be given a more per~nent paving, advising that a fey of the streets can possibly be fixed out of this year~s budget. On notion of Hr. ~aldrop~ seconded by Hr. Voody and unan/nousl¥ adopted, the recomnendation of the City Hanager ~as concurred in. STREET LIGHTSs The City Hanager subnfltted ~ritten report recon~endtng that six 10OO ltmen street lights in the Lakevood Colony area be increased to 2~00 ltmen lights and that tvo ney 2~00 ltmen street lights be lnstalledo Hr. Valdrop noved that Council concur in the reco~endationof the City Nanag~r and offered the following Resolutions (#~1872) A RESOLUTION authorizing the installation of tvo overhead tncandesc!nt street lights on that portion of Lakevood Drive, S. ~., £or~erly known as East Drive~ So Wo, and the replacement of alx ex/sting street lights on the re~atnlng portion o£1 Lakevood Drtve~ S. ~., and East Driver S. V. (For full text of Resolution, see OrdlnanceBook No. 19~ Page b3~.) v The Hr. aldrop noved the adoption o£ the Resolution. motion vas seconded by Hro Voody and adopted by the folloving votes AYES: HesSrSo Hinton~ Valdrop, Woody~ ¥oung~ and the President~ Hr. Vebber- NAYSs None ..................... O. COU~CII~CIRCUIT COURTi The City Hanager presented the follovir~ report in connection ~ t~proYementa to the Circuit Court #Roanoke ~ Virginia July 27s TO The City Council Roanoke I Virginia 6entlemenl Honorable F. L. Hobacks Judge of the Circuit Courtt has requested certain improvements in the Court Room nov used by City Council. The estima for tolletst ehairss benchs tabless etCos have been analyzed closely by nembers of the staff. The total cost of necessary l~provements vould be approximately $9j000.00 or about $~sl~OO.O0 if air conditioning is excluded. If the progra~ as proposed is carried outt it rill provide that Council rill meet in this Chamber under coiditions comparative to those existing in the Law and Chancery Court Room. Respectfully submitteds (Signed) Arthur S. O~ens City Hanager~ In this connection~ Hr. E. Grlffith ~odsons Jr.~ President of the Roanoke Bar Associations appeared before Council and stated that the Bar Association has appointed a three member coa~nittee t~make a study of the needs for the Circuit Court Room and requested ~r. Clifton A. ~oodrtnns Jr.s a ~ember of the Bar co:~lttee to ~ive the report of the findingss lit. ~oodru~ presentln~ the follovtng report~ Hr. E. Oriffith ~odson~ Jr. Presidents Roar~ke Bar Association State and City Building Roanoke~ Virginia Dear Sir: You requested that the ttndersigneds as representatives of the Roanoke Bar Associations meet vith Judge ~oback and the City Hanager for the purpose of discussing the proposed changes to be made in the Circuit Courtroom in the Huniclpal Building! Roanokes Virginia. Pursuant to your requests ~e met vith Judge Hoback and Hr. O~ens on Friday, July a~s at ~l~tch time ~e examined and discussed the plans for the proposed changes. Legally the Circuit Courtroom is under the sole and exclusive control of the Judge of the Circuit Court. For a number of years pasts due to the inactivity of such Court in the City o£ I~oanoke, this Courtroom has been used priclpally as a meeting place for the City Councils the Htmicipal Court and for the conYenience of various agencies holding hearings in the City. Since the appointment of Judge Hoback~ the activity in the Circuit Court £o: the City has substantially increased ands in order to relieve the crowded condition of the dockets In the other t~o courts of records it is essential that facilities be provided for the further anticipated increase of york in the Circuit Court. It les thereffore~ the opinion of your co~zittee that the room should be reconverted to its basic and f~ndamental purposes a Courtroom for the Circuit Court of Roanoke City. ~ith this thought In minds ye make the folloving suggestions: FIRST: That there be provided a Judge~s bench and Jury box similar to that contained in the present la, and Chancery Courts but ~ith the following exceptions~ (a) The chairs for the Clerk and Sergeant be permanently fixed io the floor. (b) There be constructed in front of the Jury box a solid ~ooden railing. SECOND~ The balcony at the north end of the room be enclosed and provlg vith a door and lock for the use of the Clerk in the storage of recordss but that there be reserved in such balcony sufficient space for the Installation of air conditioning equipment. TItlRD: That air conditionin& equipment for the cottrtroom and adjoining offices be Immediately installed. F011RTH: The present rooms to the south of the courtroom be reconditlon~ and corverted into a Jury room vith four adjoining toilets and a ~ltness FIFTHI At least t~o rovs of benches be Installed in the south end of the courtroom to be separated from the courtroom proper by a railir~ similar to that presently in the Hustings Court. SIXTHI The balcony at the south end of the courtroom be ~ade suitable for the use of spectators· ' SEVENTH~ The two rooms adjoining the north side of the courtroom be reserved for the sole and exclusive use of the Judge of the Circuit Court. It is the feeling of the committee that changes and alterations should be designed solely with a view of making the room usable as a courtroom· Very truly yours~ George Scott Shackelford~ Jr. Walter W. Wood Clifton A. Woodrum~ Jr." In a discussion of the report~ Mr. Woodrum pointed out that Judge Fred L. Hoback plans to start court sessions in Roanoke on September 1 and that it is expect that the work of the Circuit Court in Roanoke will be greatly increased, that the Ge2eral Assembly will be asked next year to reduce the size of the Twentieth Judicial Circul~ and that the proposed new Circuit would embrace only Roanoke City and County. After a lengthy discussion of the matter, on motion of Mr. Waldrop, secondedtl~ by Mro Woody and unanimously adopted, the reque, st was taken under a~vlsement. Later during the meeting, on motion of Hr° Minton, seconded by Hr° Woody and unanimously adopted, the matter was referred to the City Hanager~ the Mayor and the City Attorney to meet with Judge Fred Lo ~{oback and the Roanoke Bar Association with reference to the request and to also discuss with Judge Samuel B. Price of the Municipal Court Ms needs for space and to investigate possible new space for a City Council Room. POLICE DEPAI~: Council having previously requested the City ~anager to advertise for bids on one additional car for use in the Police Department to replace the ear which was de=olished in a recent aceident~ the City Manager submitted written report recommending acceptance of the bid received as set out in the following lette~ from the Purchasing Agent: "July 8, 19~3 Mr. A. S. Owens~ City Manager Room 107, HUrLtcipal Building Dear Sir: Under date of June 23~ 19~3. the Purchasing Department sent out Request for ~uotations on Police Patrol Cars returnable to this office July 3~ 19~3, at 10:00 A. N. From the nine requests sent out we only received one btd~ that of the Magin City Motor Corporation~ quoting a price of $1~8~O.00~ on a Ford~ 6-Cyltnder~ Tudor Car~ delivery promised in 30 days. Yours very trulT~ (Signed) R. B. Moss Mr ... _ _ ' City Purchasing Agent" · ~tln~on moved that council concur in the recommendation of the City Manag~ and offered the following emergency Ordinance: (#11873) AN ORDINANCE to amend and reordain Section ~1~3, "Departmental Equipment and Improvements", of the 19~3 Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 19~ Page 345 346 Hr, Hlntonmoved the adoption of the Ordinance, The motion was seconded by ir, Waldrop and adopted by the. following vote~ A~ Messrs, Nlnton~ Waldrop~ Woody~ Young~ and the President~ Hr, Webber-~ NAYS~ None .............. REPORTS~ The City Hanager submitted written reports from the Department of Public Works~ the Realth Department and the Hunlcipal Airport for the month of June 19~3. The reports were filed. POLi¢g OEPAI~Mgh'r~ ~ha City ~nager submitted written report advising that John Ren_~r Rotherspaugh has resigned as a member of the Police Department effective of July 26~ 19~3. The report was filed. BUDGET-AIRPORT: The City Hanager submitted written report together with a letter from the Airport'Manager requesting that $22~.OO be transferred from Airport Supplied to Oasoline and Oil for Airport Use, The City Manager recom~ended the transfer; whereupon, Hr. Woody moved that Council concur in the request and offered the following emergency Ordinance: (#11871+) AN ORDINANCE to amend and reordain Section #87~ "Airport"~ of the 19~3 Budget Ordinance: and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. 19, Page ~36.) Hr. Woody moved the adoption o£ the Ordinance. The motion was seconded by Hr. Waldrop and adopted by the following vote: AYES: Hessrs. Mlnton~ Waldrop: Woody: Young, and the President, Mr. Webber~ NAYS: None .................. -O. TP~FFIC: The City Manager presented the following report in connection with the traffic program for one-way streets in the City of Roanoke during the construc- tion of the Jefferson Street Viaduct: "Roanoke~ Virginia July 27, 19~3 To The City Council Roanoke, Virginia Gentlemen: In October, 19%2, the Traffic Department recommended to me~ and subsequently presented to you~ a pro,ram for one-way streets when and if the Viaduct construction began, You gentlemen felt that there was ample time to begin such a progra~ when the Viaduct constructffon ~tarted; and you tabled the matter for action at a later date, There has been presented to me by the Merch~nts~ Garage Corporation the need for a turn to the west into Salem Avenue from Jefferson Street during construction of the ¥1aduct which is new information. I feel it my duty to bring it to your attention because under the existing policy this office was not authorized to make any changes. The need for the garage will be one of many tn the City; and during the next several years~ there will be periods of transitionwhlch will require the constant changing of traffic until a reasonably definite plan is adopted Even though a program as suggested by the Garage may be placed in effect. City Council in subsequent years might find it necessary to change the . program. Therefore~ the Garage and any other interested persons should be o~ notice that any change would not be construed as a definite or final trafficll commitment. Respectfully submitted~ (Signed) Arthur S. Owens CityHanager" In this connection, t~e City Manager presented the following communication 347 ~July 27~ 19~3 Toz _Hro.A~.thur s, Ovenss Clty J, bumger From~ cap~axn F. H. Webbt Superintendent of Police Subjects Temporary routing of traffic during the construction of the Jefferson Street Viaduct. Dear Sirs In compliance with your requests this department has prepared a traffic plan known as Plan 2t for temporary use during the construction phase of the Jefferson Street Viaduct. A copy of this plan is submitted herevtth. This plan has the relieving general featuress 1. It is compatible to the operation of any parking facilities that may be located on Salem Avenue, vest of Jefferson Street. 2o This plan can be readily modified into a per~anent plan~hen the viaduct is completed. 3. This plan wlll do a better Job of handling traffic during the construction phase as compared with the present system of operation vhen additional burdens are imposed on the Jefferson Street crosein by the closing of Second Streett S. Ho The question of timing in connection vith this plan is very important° If construction of the viaduct is to co~enence prior to January 1, 19~t this plan should be placed In operation l~mediately In order to educate the publ and overcome contusion prier to the Fall and Christmas buying season, vhlch coincides vith the greatest traffic demands of the year. In connection vlth this plan, the relieving explanation of details Is in orders 1. It is not considered necessary to impose a one-way restriction on Jefferson Street betveen Campbell Avenue and Salem Avenue until either the ney parklr~ garage on Vest Salem Avenue is ready for business or Second Street, S° E°, is closed for construction, depending on whichever event takes place first. 2. The reversing of traffic on Luck Avenue betveen Jefferson Street and First Street, S. W., may be deferred until the 6reyhound Bus Terminal on Church Avenue has been moved to the new location. Upon the receipt of approval of this plan for the temporary routing of traff: additional detailed plans rill be prepared governing the restriction of curb parking, re-location of bus stops, loading zones and other related york such as pavement markings, signs and timing of traffic signals. This plan has been presented with approval to the Chamber of Co~erce, Roanol Herchants Association and the Safety Hotor Transit Company. Representatives of these three groups will appear before City Council on Honday, July 27, 19~3, in compliance vith the request of Hr. Eugene Carbangh for the purpose of endorsing this plan. Very truly yours, (Signed) F. H. Webb Captain F. H. Webb Superintendent of Police'~ Also in this connection, ~[r. A. S. Hachal, Jr., Executive Director of the ~oanoke Chamber of Conmerce, and Hr. Nat Spi§el, President, Roanoke Herchants Associa- tion, appeared before Council and presented conmunications approving the proposed Hodified Plan#2. Also appearing in favor of the proposed plan, vere Hr. R. W. Cutshall, Hr. Eugene Carbau§h and Hr. W. R. Horn, Hr. Horn advising that he is not in favor of one-way traffic on Jefferson Street. After a discussion of the matter, Hr. Young moved that Council take the plan unde? advisement and that a special meeting be held at a reasonably early date for a discussion of' the matter. The motion was seconded by Hr. Hinton and unanimously adopted. TRAFFIC-ROANOKE RAILWA~AND ELECTRIC CO~ANYs The City Hanager submitted ~rrltten report advising that the city has a tentative agreement with the Roanoke Railway and Electric Company vhereby the company rill deed to the city a certain right-of-way strip of land betveen Hamilton Terrace and Bellviev Avenue, S. E., in order to provide certain lmrking areas. 0n motion of Hr. Woodyt seconded byHro Youn~ andunan~ously adoptedt the ~atter ~as referred to the City Attorney to prepare the necessary measure to obtain the strip of land for the city. STREETfl A~DALLEYS-PDRCHASE OF LANDs The City Hen agar submitted to Council a verbal proposal that the city purchase a strip of land in order to extend HcAfee Street~ No Wo~ fro~ Frontier Road to Oakle~n Ay e n ue~ statin~ that if this street is extended it ~lll give better access to the ~reston Park gchool~ and that he has received the follovin~ letter fro~ the Reverend Herlin Eo Gerber in vhich the o'~ner agrees to sell the land for ~July Hr. Arthur S. 0~ens~ City Hen agar City of Roanoke Roanoket Ylr§lnia Dear Hr. O~ens~ After consultation vith Hrs. Fay ye are prepared to nmke the follovir~ proposition to the City of Roanoke~ In consideration for the suggested sum of seven hundred and fifty dollars ($?~O) ye rill convey to the City of Roanoke 2~ feet of land run~r~ east and vest from the Junction of Lot 21703~, o~ned by Hro Sederes, to a point 171 feet south vhere it rill parallel a certain street 25 feet in vidth known as ~lnsloe Drive. We rill l~rther convey to the City of Roanoke, feet vide beginning at the pOint 171 feet south parallelin§ Wlnsloe Drive and continuing to Frontier, thereby givin§ to the city a ~0 foot street fro~ Frontier to Oakla~n Avenue~ vith the exception of an an~le on Oakla~n at the point vhere the Sederes property vould adjoin the street. This ~ould be made upon the condition that the City of Roanoke asstt~es the cost gradir~ an~ paving the entire street. ~f~lle ye understand no legal ~uarantee can be given that no f~rther ment viii be made upon Hrso Fav~s property on Oaklavn Avenve~ ~e do trust that the City Council rill feel a ~oral respOnsibility to maintain Winsloe Drive as a straight street and tlmt you rill act to secure ~ch property as vould brin§ that about. ~ith appreciation for our cordial relations, Sincerely yours~ (Signed) Herlin E. Gerber" It bein~ the opinion of Council that it is to the public interest to secure the land and to extend the street~ Hr° Youn~ offered the follovir~ emer§ency as prepared by the City Attorne¥~ authorizing the purchase o£ the land: (#1187~) AN ORDINANCE authorizir~ the purchase of a ~-foot vide strip of land conti§uous to the easterly line of HcAfee Street and Official T~x Lot No. ~_l?O3~, extendln~ £rom Frontier Road to Oakla~n Avenue fro~ (HrSo) Evelyn C° Fay for $?~0°00 cash; directin~ payment therefor; and providin~ for un emergency. (For full text of Ordinance, see Ordimce Book No° 1~, Page ~°) Hr. Yo~n§ moved the adoption of the OrdirmnCeo The motion ~as seconded by Hr. Waldrop und adopted by the follo~ir~ vote~ AYES~ Hessrs. Hlnton~ ~aldrop~ Woody~ Yottn~ and the Presldent~ Hr° Webber- NAYS ~ None ................ 0 REPORTS OF COHHITTEES: WATE~ DEPABTHE~: Council having previously referred the proposa~ of Hr° S. Jones that the City off Roanoke purchase his ~nall ~ater distribution system vhich serves fourteen customers in the Garden City area to the co~nittee appointed to negotiate vith cert~[no~ners of existin~ small ~mter distribution system for study ~nd reco~endation~ the committee submitted ~'itten report concurring in the follov- in§ letter from the Acting F~anager of the Water Department: "July ~Ot TOI Arthur 8o O~ens FRei1 O. Ho Huston SubJect~ $o J. Jones Private Water System ! am attachin~ herewith a plan shovin~ the location of the fourteen houses served by Hr° So Jo Jones. Hr° Jones has some thirty odd other customers out in the county receiving ~ater service. If you vill note on the plan I have sho~n existing water mains recentl installed by the Water De~artmento Ten of Hro Joneet customers can no, be served by merely requesting the Water Department to connect them onto the existing mains° ! ¥ouid racom,send that we defer any purchase o£Mr. Jones~, customers this time on the grounds that ye can serve practically all of them ~erely y the customer coming in and signing up for water. (Signed) ~R" After a brief discussion of the matter~ )M. Woody moved tPmt Council concur ~ln the recommendationof the committee. The motion vas seconded by Mr. Minton and ;unanimously adopted. WATER DEPARTMENT: Council having previously referred the proposal made by the Lay Firm of Strickert Plunkett and Strickert Attorney% representing Messrs. G. Lester Hash and L. T. Rlchardson~ Executors of the Estate of Paul G. Hash~ deceasedt pursuant to which the City Water Department might acquire the distribution ~atns and customers in the Rorth Hills Subdivisiorbto its committee appointed to negotiate with certain o~-ners of existing small water distribution system for study~ report and recommendation~ the committee submitted the follo~rlng report: "July ~+, TO THE COUNCIL OF THE CITY OF ROANOKE Gentlemen: At your regular meetir~ of July 13th last you referred to the under- signed committee,s proposal made by Strickler~ Plunkett & Strlckler~ Attorne~ representing Messrs. G. Lester Hash and L. T. Richardson, Executors of the E~tateof Paul G. Hash~ deceasedt pursuant to wb-ich the City's Water Department might acquire the water dlstrl~ution mains~ and customers serving through them~ in the North tlills Subdivision~ For study~ report and recommendation to Council. This Subdivision was developed prior to the adoption of the Subdivision Ordinance and the distribution system therein was installed prior to the adoption of Rule 36. Accordingly~ the subdividers did not have the benefit of either as-a guide when the subdivision wes developed and the distribution system installed. Your co~lttee~ therefore~ feels that the present o~ner should in no way be criticized or unduly penalized because neither conforms to the detailed requirements of the ordinance or the rule. It ts~ neverthe- less~ a creditable subdivion and an excellent distribution system. Your co.mm~..~tee is informed that it cost approximately $20~0OO.00 to install the existing distribution system. A 6" mainnow runs do~n Greenway Drive from Boxley Road to Manor Street a distance of approximately 1~OO feet. It is roposed to install an 8" line from the intersection of Virginia Route O1 and Dexter Road do~n Dexter Road to Chester Drive~ do~rn Chester Drive to Granville Street and do~n Granville Street to Boxley Road and there tie in to the aforementioned 6" main. The over-all length of th~s proposed e approximate 3,0~O feet length only about one-half would be in the ~or~h ~i~s S~bdiv$~$on. The 1~OO feet of 6" main an~ the approximate l~OO ~ee~ o~ o ma~n witMn the subdivision complies with aule 36 and it is propo ed that all future lines laid within the subdivision will comply with said rule Your committee has carefully considered the proposal~ which is presentl on file in the Office of the City Clerk~ and unanimously recommends that it be not accepted in its present form. Rowever~ since Council has adopted the general policy of selling water beyond the corporate limits where the prowls of~ule No. 36 are complied withtyour committee suggests that the following counter-proposal be made. If the counter-proposal is made and is acceptable to the Executors of the Hash Estate~ your committee ur~mnimously recommends that Council approve it. The recommended counter-proposal is as follows: That the Hash Estate proceed to Install~ at its entire expense, the 8" main as proposed and convey all of it~ together with all other ~lns and appurtenances within the Subdiviston~ to the City for s nominal consideratio: ons 349 350 free and clear of all liensi that the City agree to accept the and apply the provilon of R~le 36 to only that portion of the the Subdivisiont that meets the requirements of the rule. Tha City refund ?5.00 for each present customer who continues to from the 6# main for a period of three (3) Years from the date of the pay $?~.00 for each new customers within the Subdivisions receiving water from a 6' or larger main for and during the prescribed perlodl and install fire plugss at its expenses in accordance with the provisions of the rule. Since the estimated cost of installing the proposed 8# main alone to $10,000.00 and there are only about 100 lots in the Subdivision no necessity arises to place a value on the system~ because if each of the lots were built upons within the seven a 6# or larger main refunds fron the Citys pursuant to the rules would amount only to about Respectfully submitteds (Signed) ~rthur S, Ovens City R~nager (Signed) Harry H~ Yates City Auditor (Signed) Ran 6, Whittle City Attorney ii Committee." i! After a brief discussion of the reports Mr. Minton ~oved that Oouncil defer ,I ]action on the report until its next regular meeting and that In the meantime Council n r 1 and Strickler. The motion was ilseconded by Mr. Young and unanimously adopted. SEWERS: Bids on the construction of a sanitary sewer to serve a portion of i the Lincoln Court area, designated as Sanitary Sewer Project No. 1, 19~3s having !lbeen referred to a committee composed of the City Hanager, the Director of Public il Works and the City Engineer, the committee submitted a tabulation of bids showing ! H. S. Hudgins, Roanoke, Virginia, as low bidder in the amount of $2~,82~.~0; ~ Mr. Young moved that the bid of M. S. Hudgins be accepted and offered the following Hesolutlon as an emergency measure: (#11876) A RESOLUTION accepting the proposal of M. S. Hudglns, Roanoke, Virginia, on the constructionof a sanitary sewer to serve a portion of Lincoln Court designated as S~nitary Sewer Project No. 1, 19~3,in the total stun of $2~,82~.~O; authorizing and directing the City Manager to execute the requisite contract; and providing for an emergency. (For full text of Resolutionssee Ordinance Book No. 19, Page ~?.) Hr. Young moved the adoption of the Resolution. The motion was seconded by Hr. Minton and adopted by the following vote: AYES: Messrs. Minton, Waldrops Woody, Young,and the President, Mr. Webber-~. NAYS: None ................ -0. STORM DRAINS: The one bid previously received on the construction of a 12-inch storm drain on Jefferson Street to serve the Merchants Parking Garage: been referred to a committee composed of the City Manager, the Director of Public Works and the City Engineers the committee submitted a tabulation showing H. S. :Hudgins, Roanoke, Virginia, as low bidder in the amount of $2,5?6.80. Council being of the opinion that the proposal is a fair and reasonable one, Mr. Waldrop moved that the bid of M. S. Hudgins be accepted and offered the Resolution: (#11877) A RESOLUTION approving the proposal of M. S. Hudgins to construct 12 inch storm drain on Jefferson Street to serve Herchants Parking Co.: Inc.; and directing the City Manager to a~mrd a contract in accordance with said bid and pursuant to the provisions of Resolution No. 1181%, adopted by this body on the 2~th day of May, (For full of Resolution Ordinance 35¸' Mr, Waldrop moved the adoption of the Resolution, The motion was seconded by Mr, Minton and adopted by the followin~ vote~ AYES~ Messrso Minton~ Waldrop, Woody~ Youn~ and the President~ Mr, Webber-~ NAYS~ Rone ................ AIBPORT~ Bids on~ork in connection with the Ad~lnistration Buildin~ Project at the Roanoke Municipal Airport (Woodru~ Field)z gradin~ pavin~ at new location o£ old Administration Buildin~, pavin~ access road~ pavin~ concrete apron~ bittmino~ seal coat on a portion of N. Bo-S. W. runway and a portion of taxiway system~ and re~ovir~ and relocating old Terminal Buildin~ with appurtenant work thereto, having been referred to a co~mittee composed of the City Ranager~ the City Auditor, the Mayor and the City Engineer~ for tabulation and report to Council~ the cor~nlttee submitted a tabulation and the following report~ "July 2~ 1953 Members of City Council Roanoke~ Virginia 6entlemen~ Your Committee appointed by City Council on July 13 and report on bids received for Federal Airport Pro. its the following report~ T~o bids were received. The low bidder was H. Hudgins with a bid of $~B~606,~O~ and a second bid submitted by J. Eo Jewell ~ the a-want of $~9,980.50. Both of these bids exceeded the a~ount of $~O,0OO set up in the Join project. In analyzing the low bid~ it is found that the moving and relocation of the old terminal bulldlng~ together with appurter~nt work to make this building usable~ ~rlll coat approximately $3~00, The Committee feels that the value of the building, after it is moved, will not Justify the expenditures of this sum of money and that the use of said mor~could be more wisely spent for other needs, It ls~ therefore~ reco~ended by your committee that the follo~ing procedure be followed in connection with the Airport ProJect~ 1o That the moving and relocation of the old terminal building and all appt~rtenant work connected therewith be deleted from the project and that this building be sold by the City as is, where is to the highes bidder. (Three bids have been received onthis basis, and a firm offer has been made for the purchase of this building for the sum of $1,O63.) a. The extra money available in the project as result of the deletion of Item 1 above be used for the extension of concrete apron paving in front o£ the new Administration Building. See plans attached for proposed location of the extra pavement. 3. That sealing be accomplished as was originally set up in the project It is further recommended that the bids as received on July 13~ 1953~ ~eand rejected and that a new project be worked up in keeping with Items 1~ ~ above and readvertise for new bids subject to approval by CAA. This matter has been discussed over the telephone with Mr. Albert R. Wessel District Airport Engineer, and a letter and plans submitted to him in keeping with the infromatlon submitted herein. To date we have not received any official confirmation from the CAA in this regard. Respectfully submltted~ (Signed) Roy L. Webber Roy L. Webber, Mayor (Signed) A. S. Owens City Manager (Signed) Harry R. Yates City Auditor (Signed) H. Cletus Broyles City Engineer" Mr. Young moved that Council concur in the report of the committee. The motion was seconded by Hr. ~oody and unanimously adopted. In this connection, Mr. Woody offered the following Resolution as prepared by the City Attorney~ rejecting all bids received for the proposed work and that advertisement be made for bids for certain work~ as amended: (~11878) A RF~SOLUTION reJectin~ all bids received for proposed York in connection vith Project No. 9-~-O12-30~ atRoanoke Municipal Airport (Woodrt~Fleld) directin~ that advertisement be made for bids for certainvork in cormeetionwith said Projects ns amendedl ~dproviding for an emergency° (For full text of Resolutions see Ordinance Book No. 19s Page ~38.) Hr. Woody moved the adoption of the Resolutiono The motion vas seconded by Mr. Minton and adopted by the follovir~ votes A~ES~ MesSrSo Hlntons Waldrops Woody! Youn~s and the Presidents Hr° NAYSs None ............... Oo Also in this connections Hr. Woody offered the following Ordinance and directin~ the sale of the old Ad~lhistration Bulldin~ at the Hur~cipal Alrpart~ (~11879) AN ORDINANCE authorizir~ and directin~ the sale of the old Administ tion Bulldir~ at Roanoke Municipal Airport (Woodrum Yield) upon certain terns and conditions; and providin~ for an (For Full text of Ordinance, see Ordinance Book. No. 19s Page Hr. Woody noved the adoption of the Ordinance. The notion was seconded by i Hr' Waldrop and adopted by the following vote: AYES: Messrs..~intone Waldrops Woodys Youngs and the Presidents lit. Webber- NA~s: None .................. O. UNFINISHED BUSINESS~ TRAFFIC~ Council at its last regular meeting h~ving t~ken under edvisement proposed plan for parking in the vicinity of downtown and other churchess as subnitt~d By the City ~anagcr~ the natter~s again before the body. After a brief discussion off the proposal~ Hr. Minton noved that the ~mtter be tabled. The motion va~ seconded by Hro Waldrop and unanimously adopted. ~U~ENILE AND DOf[ESTIC RE~ATIONS COURT: Council at its last regular meeting having deferred action on the request of ~udge Ko Ao Pate for additional stenographi help at the ~uvenile and Domestic Relations Court~ the matter was again before the body° On motion of Nr. ~[inton~ seconded by Hr. Woody ~nd un.m~Inously adopted~ the request was carried over until the regular meeting of Council on August l0s 19~3. BOARD OF ZONING APPEALS~ Council having at its l~st regular meeting deferred action on n~mtng of a person to £111 the unexpired term off Hr. ~o P. Cruickshanks resigned~ as a member of the Board o£ Zomlng Appealss th~ matter vas again before th body. On notion of Mr° Youngs seconded by Hr. ~[tnton ~nd unanimously adopted~ the matter ~s carried over until the meeting o£ August 10, 19~3. ZONIN6: Council having previously de£err~d action on the reco~endation of the Planning ~o~mission that the request o£ Hr. E. So Cra~Tord to rezone his propert located on the south side of Melrose Avenues N. W.s~est of Fairview Ce=etery~ from 6enerul Residence District to Businese Dlstrict~ be dehied~ the City Clerk brought to the attention of Council a co~cation from Mr° Crawford requesting that he be given a public hearing on his request; whereupons Hr. Waldrop moved that the City publish proper notice o£ a public hearing on the request for rezoning to be held at ~00 o'clocks p. m.s Monday~ August Z~s 19~3. The motion was seconded by Hr° Young and un~ninonsly adopted. FRANCHISE-6AS COMPANY~ Council havin~ previously taken under advisement the question of grantin~ a new franchise to the Roanoke Gas Core,nyt the matter was before the body; whereupons Mr. Woody offered the following Ordinance~ (#11880) AN ORDINANCE providin~ for a franchise to conatructt maintains operate and keep in repair gas works and distribution system~ in the City of Roanoke Yirgihiet including gas lines and all other additional appliances and aplmrtenances necessary and incidental to the usual operation and maintenance of a gas works and distribution system~ ln~ undert upon~ alon~ over and across the publto roads~' streetst alleyst parks~ bridges and rights-of-way in the City of Roanoke~ Virginiat and the sale of said franchise in accordance with the Constitution and Statutes of the Coumonwealth of ¥irgimta in such oases provided. (For full text of Ordinancet see Ordinance Book No. 19s Pa§e Hr° Woody moved the adoption of the Ordinance° The motion was seconded by Hr° Waldrop and adopted by the following vote~ AYES: Hessrso Hlntons Waldrop~ Woody~ Youngt and the President~ Hr. Webber- NAYS~ None ................ Oo CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF 6~DINANCES AND RESOLUI'IONS: SEWAGE DISPOSAL: Ordinance No.ll~?Ot prohibiting dumping into any stream flowing wltktn the city any noxious or deleterious substancest havir~ previously . been before Council for its first readingt read and laid overt ~as again before the body. In a discussion of the Ordinance~ the City Attorney advised Council that thl~ Ordinance ~as introduced several months ago for its first reading and has been carried in the pending File since that timet advising that the Ordinance as drawn does not conform to state statutes and that it should not be adopted; whereupons Mr. Hlnt~n offered the following Ordinance for l~s second reading for the purpose of voting it down: (#11~?0) AN ORDINANCE making it a misdemeanor to discharge into any stream flowing within the City noxious or deleterious substances; permitting persons discharging such substances into such streams pursuant to authority from the State Water Control Board to continue such discharge until July 1stt 19~3; and providing penalties for violation of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows~ It shall be a misdemeanor for any persons firm or corporation to discharge into any stream flowing within the City sewa§es industrial wastess or any nomious or deleterious substances which are detrimental to the public healths or to animal or aquatic lifesor to the users of the waters of any such stream for domestic or industrial consumption Or for recreationt Or to deposit any of such substances on or sufficiently near the banks of any such stream in a manner that ~rlll allow any portion of such substances subsequently to seep or be washed into any such stream; provideds howevert that any persons firm or corporation dischargings prlor to the effective date of this ordinancet sewages industrial or other wastes into any such stream~ pursuant to a certificate issued by the State Water Control Board authorizing such discharget may so continue such discharge until such certificate is revoked by said Board~ or until the first day of July, 19~3. 353 Each violation of~ or nonco~pliance vitht an~ of the provisions of this ordinance and each day:e continuance thereof shall be and constitute a separate and shall subject any person, firm or corporation~uilty thereof~ upon conviction therefort to a fine of not less than ten dollars nor more than one hundred dollars. Hr. H~nton noved the adoption of the Ordinance. The Lotion vas seconded by Hr. Waldrop and lost by the following votel AYES~ None ................ NAYS~ Hessrs, Hinton~ Waldrop~ Woody~ Young~ and the President, Hr, In this connectiont the City Attorney presented a new draft of Ordinance; ~hereupon~ Hr, Waldrop Loved that the following be ~aced upon its first readin~o ~tion ~as seconded by Hr, Woody and adopted by the folloving vote: AYES~ Hessrs. Hlnton~ Waldrop~ Woody~ Young, and the President~ Hr, Webber-~ NAYS: None ............... O. (#11881) AN ORDINANCE ~akin§ it unlawful to discharge into any strea~ flowing vithin the City noxious or deleterious substances; exempting certain persons from the provisions hereof; and providing penalties for violation of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: It shall be unlawfu~ for any person, firm or corporation to discharge, directly or indirectly, into any strea~ floving ~ltb~n the City sera§e, industrial !i~astes, or any noxious or deleterious substances ~h~ch are detrimental to the public ljhealth~ or to animal or aquatic life, or to the users of the ~aters of any such stre~ for domestic or industrial consumption or for recreation, or to deposit any such substances on or sufficiently near the banks of any such stre~ in a manner the ~111 allow any portion of such substance~ subsequently to seep or be ~shed into an~ such strean; provided, however, that this ordinance shall not be applicable to person, firm or corporation discharging sevage, industrial vastes and other into or adjacent to State raters vithin the City pursuant to, and ia accordance ~lth the provisions o£ a valid certificate issued by The State Water Control Board. Any person, firm or corporation violating any provision of tMs ordinance shall be guilty of a misdemeanort and upon conviction shall be subject to a fine of not less than Ten ~ollars nor ~ore than One Hundred Dollara; and each day~ continuance thereof, after conviction, shall be and constitute a separate offense. The Ordinance having been read, vas laid over. WATER DEPANTHENT: Ordinance NOo 11862~ directing the sale of a sma~ portion of the Washington Heights Elevated Tank Site, having previously been before Council for its first reading, read and laid over, ~as again before the body, Hr. ~oung offering the following for its second reading and final adoption: (#118~2) AN ORDINANCE directing the sale of approximately 0o0~2 of an acre~ constituting a small portion of the ~ashington Heights Elevated Tank Site, to Lena I!H. Arnold for a nominal consideration. (For full text of Ordinance, see Ordinance Book No. 1~, Page Hr. Yotu~ moved the adoption of the Ordinance. The motion vas seconded by Hr. Hinton and adopted by the folloving vote: AYES: Hessrs. Hinton, ~aldrop, ~oody, Yours: and the President, Hr. Webber-~ NAYS: None .............. -Oo ZONING: Ordinance No. 1186~, amending Section ~3, of Chapter ~1: Zonir~, of the Code of the City of Roanoke, having previously been before Council for its first reading, read and laid over, ~as again before the body, Hr. tloody offering the folloving for its second reading and final adoption: (~186~) AN ORDINANCE a~endin~ and reordaining Section ~3~ Procedure~ of Article XIo ~II~ENTS: of Chapter ~1o ZONING. of the Code of the City of Roanoke~ a~ended by Ordinance No; 10~72~ adopted by the Council of the City of Roanoke on the ~th day of Hay, (For full text of Ordinance~ see Ordinance Book No. 19: Page Hr. Woody moved the adoption of the Ordinance. The ~otion~as seconded by Hr. Waldrop and adopted by the folloving vote~ AYES: Hessrs. Hinton: Waldrop~ Woody: Young, and the Presidentt Hr. Webber- NAYS~ None ............ O. JUVENILE AND DO.~flC NELATIONS COURT~ Ordinance No. 11866~ authorizing the payment of $~0oO0 for full settlement of the Jack Johnson claimt having previously been before Council for its first reading~ read and laid overt vas again before the bodyj Hr. ¥oun~ offering the folloving for its second reading and final adoption: (#11866) AN ORDINANCE authorizing the execution and delivery of a City varrant in the anount of $~O.OO in full and complete settlement of a claim asserted by Jack Johnson against the City in said a~ount; and appropriating such sum from the General Fund for the purpose. (For full text of Ordinance, see Ordinance Book No. 19, Page ~33.) Hr. Youn~ moved the adoption of the Ordinance. The motion vas seconded by Hr. Waldrop and adopted by the follo~ln§ vote: AYES: Hessrs. Hlntonj Waldrop~ Woody~ and Young ........... ~+. NAYS: The Presidentt Hr. Webber ............................ 1. RECREATION D~A~THEh~ Council having previously deferred action on an Ordinance leasing space from Hr. R. A. Alouf at No. ~O1-A Campbell Avenue: S. ~., for a Teen Age Girls' Centert the matter vas again before the body. The Clty Clerk having been requested to' ascertain ~hen the space viii be available and vhether or not Hr. Alouff rill enter into a 'contract leasin~ the space for the remainder of 19~3~ he advised that Hr. Alouf~s a~ent, Hr. J. W. Bo~ell, has advised that the space ~lll be available by July ~7 and that Hr. Alouf vould lease the spaceffor the remaining months of In a discussion of the mattert the City Hana~er sug§es,ed that the Ordinance be tabled until he has had an opportunity to have the Director Parks and Recreationt the Fire Chief and the Building Inspector make a survey of the building to ascertain if ~t meets ~ith all requirements and safety regulations; ~hereupon~ Hr. Htnton moved that ac,imm the Ordin~nce be deferred ~ntil the inspection is made. The motionv~s seconded by Hr. ~oody and unanimously adopted. WATE~ DEPA~THE~f~ Council at its last regular mesting having de£erred action on an Ordinance provid[n§ for the purchase of the J. O. Plttnkett ~ater distribution ~ystem located in the Garden City areat theme,,er vas again before the body; vhere- upon: Hr. ~aldrop offered the folloving as an emergency measure: (#1188~) AN ORDINANCE authorizing smd providing for the purchase of a privet rater distribution system from J. O. Pltn~kettt presently doing business in the Gardeh City section of the City of Boanoke; providin§ for the payment therefor; and (For full text o£ Ordinance, see Ordinance Book No. 19, Page ~.) Hr. Waldrop moved the adoption of the Ordinance. The ~otion vas seconded by Hr. Woody and adopted by the follo~ng vote: ,3'55 AYESI Hessrso PAntonl Waldropt Woodyt Youn~ and the Prasident~ Hr. Webber-: NIYS= None ................ O, ORADE CROSSINGS= Hr. Youn~ brought to the attentionof Council and offered the followir~ emergency Crdimance~ as prepared by the City Attorney~ conditionally autb~rizir~ acquisition of all of a lot described as Official Tax Serial No. needed in connection with the construction of the Jefferson Street Grade Crossing Elimination Viaduct and ?roJect= of record in the name of Tom Poindexter= (#11~$3) AN ORDINANCE conditionally authorizir~ acquisition of all of the land embraced in Official Tax Serial No. 3013708 by the City from Tom Poindexter for (For full text of Ordinance, see Ordinance Book No. 19: Page l~.) Hr. Your~ moved the adoption of the Ordinance. The motion was seconded by ii Mr. Minton and adopted by the following vote= AYES= MessrSo Minton, Waldrop, Woody, Young, ~nd the President, Mro Web~er-~ NAYS: None ................. O. In this counection, Mr. Young offered the following emergency Ordinance as iiprepared by the City Attorney providing for the acquisition of certain other propert from Herman Tronpeter, et al~ N. D. Falouf; Mary M. Ford, et al; Jacob Brenner; O. B. Martin= et al; and Otha Martin, et al= (#1188~) AN ORDINANCE providing for the acquisition of certain real estate necessary for the construction of the Jefferson Street GradeCrossir~ Elimination !Viaduct and Project; providir~ for the purchase price thereof; and providing for an energency. (For full text of Ordinance, see Ordinance Book No. 19, Page ~*~.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Minton and adopted by the following vote: AYES: Messrs. Mlnton~ Waldrop! Woody, Young, and the President: Fw. Webber- NAYS: None ................ O. Also in this connection, Mr. Young offered the following emergency Ordinance as prepared by the City Attorney, authorizing and directing condemnation proceeding to acquire certain real estate described as Official Tax No. 1+O10109, of record in ti name of B. F. Nininger Estate: il (#11885) AN ORDINANCE and that condemnation directing proceeding be institutedatO acquire,al for and on behalf of the City of Roanoke: the fee simple /title to cert in re 1 estate situated in the City of Roanoke, on the northeast corne~ i. of Salem Avenue and Jefferson Street, S. E.~ (being Official Tax Serial Lot No. ~O10109)~ to be used as a right of way for the Jefferson Street Grade Elimination Viaduct and street purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 19, Page Mr. Young moved the adoption of the Ordinance. The motionwas seconded by Mr. Woody and adopted by the following vote: AI~ES: Messrs. Minton, Waldrop, Woody, Yoang~ and the President, Mr. Webber-% NAYS: None ............... O. Further in this connection~ Mr. Woody offered the following emergency Ordin~ as prepared by the City Attorney: authorizing and directing condemnation proceedings to acquire certain real estate described as Official Tax No. 1+010213, of record in the name of B. A. Goria: 357 (#11886) AN ORDINANCE authorimin~ and directing that condemnation proceedinB be instituted to acquires for and on behalf of the City of l~oanokes the fee title to .certain real estate situated in the City of Roanoke! on the south side of Norfolk Avenuet So E,s (beir~ Official Tax Serial Lot No. ~O10213)s to be used as a right of way for the Jefferson Street Grade Elimination Viaduct and street purposes and providing for an emergency, (For full text of Ordinances see Ordinance Book No, 19, Page Hr, Woody moved the ndoption of the Ordinance, The motion was seconded by Hr. Waldrop and adopted by the follovin~ vote: AYES: Messrs, Mintons Waldrop, ~oodys Youngs and the Presidents Hr, Webber- NAYG~ None .............. O, t~ Mr. Young then offered the following emergency Ordinances as prepared by ~ the City Attorneys authorizing and directin~ condemnation proceedings to acquire certain real estate described as Official Tax Nos. 1~O10102 and~O10~O1s of record in the name of ~mry Moore (now MaryF~ore Foys et als): (#11887) AN ORDINANCE authorizing and directing that condemnation proceedin be instituted to acquire~ for and on behalf of the City of Roanokes the fee simple title to certain real estate situated in the City of Roanokes on the south side of Norfolk Avenues S. E., (being Official Tax Serial Lot Nos. L~010102 and ~O10201)s to e used as a right of way for the Jefferson Street Grade Elimination Viaduct and street purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ho.l% Page ~O.) In this connection~ Mr. Joseph W. Smiths Attorneys representing Mrs. Mary Moore Foy, appeared before Council and advised that his client is willing to take $2~s0OO.00 for her two properties, which is $8~0.00 more than the offer previously made by the City Managers that she is opposed to contesting a condemnation suits and that she does not want to bear any damage claim of the lesseesof her properties in connection with the loss of any lease on the properties. Also in this connection~ Mr. Alex N. Apostolou appeared before Council representing the lessees Of Mrs. Foy's property. In a discussion of the matters it was brought out that settlement could be made for the properties and that any condemnation suit can be withdra~ in the event a settlement is reached, the City Attorney advising that the offers for these propert [es were made for an uncumbered fee simple deed; whereupon~ Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr~ Minton and adopted by the followin vote: AYES: Messrs. Hinton! Waldrop~ Woody~ Young~ and the Presidents Hr. Webber-~. NAYS: None ................... 0. Mr. Young then offered the following emergency Ordinance as prepared by the City Attorneyt authorizing and directing condemnation proceedings to acquire certain other real estate needed for the construction of the Jefferson Street Grade Crossing Elimination Viaducts described as Official Tax No. ~O1010?s of record in the name of N. W. Schlossberg and I. A. Hurtchen: (~11888) AN 0RDINANCE'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 situated in the City of Roanoke, on the east side of Jefferson Streets S. E.s (being Official Tax Serial Lot No. ~010107)s to be used as right of way for the Jefferson Street Grade Elimination Viaduct and street purposes; and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. 1% Page ~2.) :358 Hr, Young moYed the adoption of tho Ordinance. T~e Lotion ~ras seconded by' Hr, Woody and adopted by the follo~rlng AYES: Hessrs, Hlntont Waldropt Woodyo Young0 and the President, Hr, Webber-~ NAYS: None ............... O, Hr. Hlnton then offered the following e~ergency Ordinance as prepared by the City Attorney~ eppropriatin~ certain funds to the Ref~mds and Rebates Account~ and conditionally authorizing disbursements therefro~ in connection vith the Jefferson Street Grade Crossing El~lnatlon Viaduct and Project: (#11~9) AN ORDINANCE appropriating certain fundst as and when receiveds to the Refunds and Rebates Account; conditionally authorizing and directing the City Auditor to ~ake disbursements thereof; and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. 19, Pagd irt. Mr. ~lnton ~oved the adoption of the Ordinance. The motion vas seconded by Young and adopted by the following vote: AYES~ MessrSo Mlnton~ Waldrop~ Woody, Young~ and the President~ Hr. Webber-5 NAYS: None ............... -0. MOTIONS AND MISCELLANEOUS BUSINESS: STREL~ INPROY~2~EFf: Hr. Minton brought to the attention of Council the condition of Twentieth Street, .N. 14., Just off Melrose Avenue, in the vicinity of the ney Masordc Lodge Building, advising that some street repair should be ~ade and asked that the ~atter be referred to the City Manager. The City Hanager advised that he would investigate the matter at once. There being no further business, Council adjourned. APPROVED ATTEST: · / President Clerk ¸0. COI~CIL, REGU/~R MEETINGt Mondayt August 10~ 19~3. '359 The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the ~unicipal Building, Monday~ August lOt 19~3~ at 2:00 o~clock, p. the regular meeting hour~ with the President~ }M. %lebbert presiding. PRESENT: Messrs. Mintont Waldrop, Woody~ Young~ and the President~ Itt. 'debber ........................ ~. NAYS: None ........... -O. OFFICERS PRESENT: Mr. Arthur S. ~enst City Mar~ger~ Mr. James N. Klncanon. Assistant to the City Attorneyt and Mr. Harry R. Yates, City Auditor. The meeting was opened with a prayer by Rabbi Tobias Rothenbergt Pastor of Beth Israel S~rnagogue. MII~TES: Copy of the minutes of the regular meeting held on Monday, July 13, 19%~, having been furnished each member of Council, upon motion of Mr. Young, seconded by Mr. Woody and unanimously adoptedt the reading was dispensed with and the minutes approved as recorded. REARING OF CITIZENS UPON PDBLIC MATTERS: ZONING: Notice of a public hearing on the question of rezon~ng from General Residence District to Light Industrial District property in the area from Penrod Avenue~ to Morgan Avenuet S. E., between Morningside Street and the Virginian Rail- way~ having been published in the Roanoke ~forld-Ne~s pursuant to Article XIt Sectto~ ~St of Chapter ~1 of the Code of the City of Roanoket setting the time of the hearing at 2:00 o'clockt p. m.t [!ondayt August 10~ 19~3, the matter vas before Council. There being no persons present objecting to the rezoning of the propertyt the City Clerk called attention to the fact that the advertisement calling for the rezoning of the property includes all lots as requested by the petitionert Mr. Edrin M. Young, Attorney~ Receiver of the lMrningslde Heights Corporation~ but that the City Plamming Com~lsslon has advised in a previous communication that a portion of the property is located on a steep hillside and ~:ould not be suitable for development and in vie~ of existing residences in the lnnediate vicinity the properties should be protected from industrial encroacPmentst the Commission recommending that only a portion of the lots requested be rezoned. Mr. Young~ who was present at the meeting, advised that he did not want to prejudice his rights to request the rezoning of the remaining lots at a later date~ but that he ~ould like for Council to concur in the Planning Comz~fssion's recommend; tion at this time; whereupont Mr. l'faldrop moved that the original request of the petitioner be denied. The motion ~as seconded by Mr. lloody and unardnously adopted In this connectiont Mr. Waldrop moved that Council concur in the recommend; tion of the City Planning Commission and that the following Ordinance be placed upol its first reading. The motion ~as seconded by Mr. Woody and adopted by the followil:g vote: AYES: Messrs. Mintont %faldrop, Woody, Yotmgt and the President~ Mr. Webber-~. ~YS: None ............... O. ~ (#11890) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter~~ ~1 of the Code of the City of Roanoket Virginia, in relation to Zoning ~ ~HEREAS: application has been made to the Council of the City of Roanoke to have the followin~ lots in the area from Penrod Avenue to Horgan Avenue: S. between Hornir~side Street and the Virginian Hallway, of the Horningside Heights Hap, rezoned from General Residence District to Light Industrial District~ Lots 1-10 and 12-21, Inclusive Block 16 Lots 7-11 and 21-27, inclusive Block 17 Lots 6-15 and 23-32: inclusive Block Lots 2~-32~ inclusive Block 19 Lots ~-lgs inclusive Block Lots 1-12~ inclusive Block ~ Lots 1-4, inclusive Block 25 and I~tKqFAS, the City Plannir~ Co~mission has reco~ended that the following lots in the above areat of the Morningside Heights Hap: be rezoned from General Residence District to Light Industrial District: Lots 4-10 and 15-21, inclusive Block 16 Lots 8-13 and 21-27, inclusive Block 17 Lots 8-15 and 28-32~ inclusive Block lB Lots 1~-17 and 31-32, inclusive Block 19 Lots 1-19, inclusive Block 23 Lots 1-12, inclusive Block Lots 1-4, inclusive Block 25 }FHERKAS, notice required by Article XIt Section 43, of Chapter ~1 of the Cod. !of the City of Roanoke, Virginia, relating to Zoning, including all of the above lot~ has teen published in "The Roanoke ~orld-Ee~s", a newspaper published in the City ofl iRoanoke, for the tine required by said section, and I'~EREAS, the hearing as provided for in said notice published in the said ne~spaper was given on the 10th day of August, 1953, at 2:00 o~clock, p. m., before ithe Council of the City of Roanoke in the Council Room in the Municipal Building, at ~hich hearing no objections were presented by property oumers and other interested !parties in the affected area, and %~EREAS, this Council, after considering the application for rezoning~ is of !ithe opinion that only the lots recommended by the City Planning Commission should be !irezoned from General Residence District to Light Industrial District. THF~REFORE~ BE IT ORDAI:fED by the Council of the City of Roanoke that Article I, Section it 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 lots in the area from Penrod Avenue to Morgan Avenue, S. E.t between Morningside Street and the Virginian Railway~ of the Morningside Heights Map Lots 4-10 and 15-21, inclusive Block 16 Lots 8-13 and 21-27, inclusive Block 17 Lots 8-15 and 28-32, inclusive Block 18 Lots 14-17 and 31-32, inclusive Block 19 Lots 1-19, inclusive Block ~ Lots 1-12. inclusive Block Lots 1-4, ~nclusive Block 25 designated on Sheet 413 of the ZoningMap as Official Nos. ~131104 to 4131110, inclusive; 4131115 to ~131121, inclusive; 4131308 to 4131313, inclusive; 4131321 to ~131327, inclusive; ~131401 to ~131435, inclusive; ~131608 to 4131615, inclusive; 4131628 to ~131632, inclusive; ~131815 to $131817; inclusive; and 4131831 to 4131832 inclusive, be and they are hereby changed from General Residence District to Light ~Industrial District, and the l!ap herein referred to shall be changed in this respect The Ordinance having been read, was laid over. LEGISLATION: Senator Earl A. Fltzpatrick~ along with Delegate Julian H. Rutherfoord, Jr., appeared before Council and advised that any legislation Council nay want in the 1951+ General Assembly should be decided on and presented to the City' representatives l~ the ~eneral Assembly in the near f~ture~ ~ermtor Fitzpatrick suggestin~ that if there are any char~es desired in the C~rter perhaps Council ~ul want to appoint a committee to study ~uch ch~e% expressin~ to Co~cll t~t he~ ~le~ate Rutherfoord ~d Mr. ~s~en 6re~ory~ De~cratic no. nee for the Ilouse of Dele~ates~ are ~ious to c~perate ~th the body ~d will be ~lad to ~eet ~lth then at ~ tize. Council ~eing of the opinion t~% a ~tudy of ~ legislation desired by the city should be ~de before a definite date Is set to ~eet vlth the representatives~ ~ction on the ~tter was deferred. ~GIS~TION~C~OSIS S~tITORI~4: Co~cil havi~ previously deferred action on a report ~ub~tted by the City M~ager with reference to askl~ the city's representatives in the ~eneral Asse=bly to lend their assistance tn requesting the State to increase its financial support to city s~atoria until the city's'repres~nta- rives in the next session of the General Assembly are dete~ned~ Delegate Jull~ H.~ Rutherf~rd~ Jr., appeared before the body and advised that Mr. J. Randolph Tucker~ a menber of the House of Delegates from Rlc~ond~ has started a hove to get the Stat~ of Virginia to pay 60 per cent of the total cost ~er patient per d~ for ~icip~ly~ operated tuberculosl~ s~atoria~ instead of o~y ~0 cents per patient per day as at present~ stating t~t he~ Senator Fitzpatrick ~d Mr. Gregory~ Demoncratlc nomine for the House of Delegates, are In full accord with the movement ~d suggest that the Co~cil of the City of ~oke adopt a resolution requestion the members of the ~General Assembly to try to get ~ increase tn the participation by the State. In t~s commectfon~ the City M~ager submitted written statistical report showing that it costs ~6110 per patient per day to operate the City Tuberculosis S~atori~ Mr. %faldrop expressing the feeling t~t the c~e of tubercular patients is a ~ction of the State~ but agreed that if the State paid 60 per cent of the cos it would be much better th~ what the city is now receiving; whereu~n~ Mr. Minton moved t~t Co~:ll concur in the request ~d offered the following Resolution: (~11891) A RESOL~ION requesting greater participation by the Co=onwe~th of Virginia in the expense of operating the Ro~ke City S~atorA~. (For full text of Resolution, see Ordin~ce Rook No. 19~ Page ~%8.) Mr. Minton moved the adoption of the Resolution. ~e motion was seconded by Mr. W~drop ~d adopted by the following vote: A~S: Messrs. Minton, Waldrop~ ~'~oody~ Yo~ ~d the President~ Mr. Webber-5~ NAYS: None ....................... O. CO~CI~CIRC~T CO~T: Co~cil having previously referred the request of the Honorable Frederick L. Hoback, Judge of the Circuit Court, that certain improvements~ be made to the Court Room now used by City Co~cil as a Co~ctl Ch~ber, In order to provide adequate facilities for the Circuit Court, to a co~ttee for study~ Mr. E. Griffith ~dson~ Jr., President of the Ro~oke Bar Association, appeared before the body ~d stated that he would like to correct the impression that Co~ctl would hay. to find other quarters~ apparently left by a Bar Association delegate two weeks ago in telling Co~cil how the Court Room should be remodeled for use by the Circuit Court~ ~. ~dson advising.that both the B~ Association ~d Judge Hoback have o~y a desire to cooperate in solving ~y problems for the more frequent use of the room by the Court ~d emphasized that they do not w~t to appear arbitrary in ~y way. '361 '362 Mr. Young thanked Hr. Dod$on for his remarks and stated that due to the crowded conditions in the Municipal Building he feels that the room will have to be shared as much as I~ssible and that Council will cooperate ~ully with the Court in handling any problems for the Joint use of the roo~. INVITATIONS~ Mr. Harry Webber, Jr., Business Hanager for the production "She Boy with a Cart", a religious pagent, appeared before Council and invited the member; of the body, the City Manager and the City Auditor to be guests at the opening performance to be given at Sherwood Burial Park, Monday, August 17, 19~], at o!clock~ p. m., Hr. Webber outlining the purpese of the production and stating that it is directed by Miss Clara Black and produced by Broaddus Che~ning, Jr., under the sponsorship of the Junior Chamber of Commerce. The President, Mr. Webber, advised that those members who could would attend the perforns~nce. PETITIONS AND C~4UNICATIONS: STREET LIGHTS: A communication from the Appalachian Electric Power Company advising that no street lights were installed or removed during the month of July, 19~3, was before Council. The comntmication was filed. TRAFFIC: A communication from Mr. R. Glenn Culbertson suggesting that parking ilforty miles per hour, except at such places as are controlled by state law~ in orde~ !:to speed up traffic in that area; also, suggesting that pedestrian cross walks ilbetween blocks in the doa~town area be elimlrmted and stating that he believes some !iplan could be worked out to unload trailer trucks at a time other than during rush i!hours of the day, thereby eliminating the blocking of traffic as they are now doing, 'iwas before Council. On motion of Hr. Waldrop, seconded by Hr. Woody and unanimously adopted, the !ico==unication was referred to the City Manager for study and report. In this connection, Mr. Young suggested that in the study of traffic condi- i!tions on Willianson Road, some thought be given to eliminating parking on the west !iside of the road from approximately ?:00 to 9:00 o'clock, a. m., and on the east sid. i;froz ~:OO to 6:00 or ?:00 o'clock, p. m., stating that this ~ould in effect give litraffic the advantage of a four-lane highway in the direction of heavy rush hour INVITATIONS: A communication from Mr. Walter H. Scott, Convention Chairman lithe American Legion~ Department of Virginia, advising Council that the American ILegion is sponsoring a parade starting at 7:30 o'clock, p. n., Friday, August 1~, i!19~3, and inviting members of Council to be present in the reviewing stand on the Court Mouse steps, was before the body. The President, Hr. Webber, advised that those who could would be present. COMPLAIS~S: A communication from Hiss Georgia Cannaday~ 817 Ferdinand Avenue S. W., complaining of conditions brought about by the scales of the Virginian Railway Company located near the %Iasena Bridge, was before Council. The City Clerk ~as instructed to send Miss Cannaday a copy of the report %.bich was subnltted by the City Manager in connection with a petition previously filed by a group of citizens from the sane area. STREET 1HPHOVE~[ENTS: A corzzunication from Mrs. Mildred W. Campbell, Mountain Road, S. E.~ requesting that consideration be given to the Yellow Mountain Road, S. E., was before Council. On motion of Mr. Woody, seconded by Mr. Minton and unanimously adopted~ the referred to the STREET IHP~ov19~NTSs A co~unication from Mr. T. I. Bous~mn, 2~04 Averett Street~ N. W., requesting that the 2~OO block of Averett Street~ N. W.~ and Forest Hill Avenue, be paved, vas before Council. On motion of Mr. Minton~ seconded by Mr. Waldrop and unanimously adopted~ the request vas referred to the City Manager for disposition: STHEETS AND ALLEY~: A petition signed by the Trustees o£ the Helrose Avenue Christian Church which ds located on the corner o£ Melrose Avenue ~nd Twenty-second Street, lt. W.~ requesting that an alley at the rear of the church be closed From T~enty-second Street eastwardly to the east boundary line of the church property, was before Council. On motion of Hr. Minton~ sesonded by Mr. Woody and unanimously adopted~ the request was referred to the City Planning Com~tssion for study~ report and recommend tion to Council. REPORTS OF OFFICERS: TRAFFIC-ROANOKE RAILWAY AND ELECTRIC COMPANY: The City M~nager having previo sly submitted to Council a report advising that the city has a tentative agreement with the Roanoke Railway and Electric Company whereby the company will deed to the city certain lands between Hs.~ilton Terrace and Bellevie~ Avenue~ S. E., and Council having requested the City Attorney to prepare the necessary Ordinance to acquire the property, the City Manager subnltted the followin6 report: "Roanoke, Virginia August 10, 1953 To The City Council Roanoke~ Virginia ~entlemen: I would like to present to you two ordinances which permit the City of Roanoke to acquire t~¢o pieces of property; one from the Roanoke Railway and Electric Company and the other from Frederick E. Taylor~ Thomas D. Taylor and Nancy Taylor Mackall, o~ers of a one-half (1/2) undivided interest in this particular piece of land. This is land which is being secured for the parking lot for the Memorial and Crippled Childrens Hospital. Respectfully submitted~ (Signed) Arthur S. e.~ens City Manager" In this connection~ Mr. Minton offered the following emergency Ordinance accepting the former street railway right-of-way property as prepared by the City Attorney: (#11892) AN ORDINANCE authorizing the acceptance of the conveyance of a former street railway right of %~ay between Bellview Avenue~ S. E.~ and Hamilton Terrace~ S. E.; and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. 19~ Page Mr. Minton moved the adoption of the Ordinance. The motion was seconded by Hr. %~ody and adopted by the folloz~lng vote: AYES: Messrs. Minton~ %laldrop~ ltoody, Young~ and the President~ Mr. Webber-5 NAYS: None ................ O. Also in this connection~Mr. ~aldrop offered the following emergency Ordinance accepting a strip of land from Frederick E. Taylor~ et als, as prepared by the City Attorney: (#11893) ;t~ ORDINANCE authorizing the acceptance of the conveyance of a strip or parcel of land situate between the west side of Belleview Avenue~ S. E.~ and the east line of a former street railway right of way; and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. 19, Page ~60.) 363 :364 AYES Eessrs Mintons ~aldrop~ ~oodys Youngs and the President~ Mr Webber NAYS: gone ................... O. MUNICIPAL AIRPORT: Council havir~ previously requested the City Marmger to furnish the body with information showing the total number of square feet of space on all floors of the new Airport Terminal Building, the amount of space presently r&nted on all floors~ the amount of space available for rent on each floors alsos the names of present tenantss the type of business conducted~ the a~ount of space rented by each tenant and the rate per square foot being pald~ the City Manager submitted uritten report (see copy on file in the Office of the City Clerk.) The report was filed. WATER DEPARTME~.~: The City Manager submitted draft of a Resolution ratifying and approving a temporary water connection to furnish water to the North Hills Estates as prepared by the Assistant City Attorney~ and asked that the Resolution be approved; ~'hereupons Mr. %4aldrop offered the following as an energency measure: (#1189~) A RESOLUTION ratifying and approving a temporary connection between the City's public rater distribution system and the ];orth Hills Estate private wate~ systems in Roanoke County, upon certain te.~s and conditions. (For full text of Resolution, see Ordinance Book No. 19s Page ~61.) Mr. %faldrop moved the adoption of the Resolution. The motion was seconded by Mr. %;oody and adopted by the folloving vote: AkTS: Messrs. Minton, ~'fa!drop, l~ody, Young, and the Presidents Mr. %.febber-~ NAYS: None ..................... O. ST0~ DRAINS: Council having previously referred to the City Manager the request of Mr. Edwin M. Young, Attorney~ representir~ certain residents of Rugby Boulevard and Watts Avenues N. W.s that immediate action be taken to relieve the drainsge problem in that area for study~ report and recommendations he submitted th, follow,lng report: "Roanoke, Virginia August 10, 19~ To The City Council Roanoke~ Virginia Gentlemen: You referred to me at our meeting on July 27, 19~, from your File #2? a request from Mr. Edwin M. Young and others that we install a storm drain the 15OOBlock of Rugby Boulevard~ N. W. An analysis of this byo~r Engineering Department shows the cost of a project to be $3,~62.~O. No provision ~as made in this year's budget for the installation of such a drain. I suggest that you consider this in your 19%4 Budget Study. Respectfully submltteds (Signed) Arthur S. O~ens City Manager" On motion of Mr. Minton~ seconded by Mr. ~oody and unanimously adopted~ the recommendation of the City Manager was concurred in. AIRPORT: The Civil Aeronautics Ad~lnistration having previously made a reque for office space in the new Airport Terminal Building to be occupied by its District Electronics F~intenance Inspector~ and Council, having directed the City Manager to advise the CAA'that space on the second floor of the building is available at a rate of $~.OO per square foot per annun~.the City Manager submitted the following report: "Roanoke, Virginia August 10~ 1953 To The City Council Roanoke, Virginia 6entlemen$ In furtherance of your directive of July ~, 19~3.I advised the Civil Aeronautics Ad~inistration t~mt the rental figure for Office NOo 2, Airport Terminal Building, would be $~.00 per square foot per annum. ! would like to advise you that ! was informed that they h~ve cancelled their request for this office space. Respectfully submitted, (Signed) Arthur S. Owens City Manager" The report was filed. WATER DEPARTM~2~: Council at its regular meeting of June 29, 1953, having requested the chairman of the water co~mittee representing the citizens and users of i water furnished by the City of Roanoke through a 2 inch meter connection in Preston i~R°ad in the Blue Ridge t!etgbts area, east of Vinton, to negotiate with the citizens of the area as to payment of the unpaid water bill and to report his findings to City Manager for further consideration of the request of the committee that the il To~ of Vinton furnish water to the citizens of the area, the City Manager submittedi the fo!lo~ing report: "Roanoke, Virginia August 10, 19~3 To The Clty Council Roanoke, Virginia Gentlemen: I ~ould like to advise you that the Blue Ridge Heights ~ater Co=mittee paid to the City Treasurer on July 30, 19~3, the sum of $1,699.26 which brought the ~ater statement up to date. Through the excellent cooperation of Messrs. Fred Stiff, Len E. Minter, and R. W. Cummings, arrangements have been made to place the ~ater account on a monthly basis to be paid into the City Treasury in that manner. Respectfully submitted, (Signed) Arthur S. ~,'ens City Manager" After a discussion of the matter, Mr. Mlnton moved that the City Manager make a study and investigation of the needs and requirements to furnish adequate water service to the area as to costs, etc., and to report back to Council. The motion was seconded by Mr. Young and unanimously adopted. FIRE PROTECTION: The City Manager submitted draft of an Ordinance providing for the control of flammable liquids in the City of Roanoke together with written report requesting Council to place the Ordinance on first reading. On notion of Mr.~lnton, seconded by Mr. Waldrop and unanimously adopted, the City Manager was requested to furnish each member of Council ~ith a copy of the proposed Ordinance and the matter was placed on the agenda for August 2~, 19~. REPORTS: The City Manager submitted written reports from the City Market, the Department of Building and Plumbing Inspection, the Electrical Department and the Purchasing Department for the month of July, 19~2. The reports were filed. City Manager submitted written report from the Almshouse forIii ALMSHOUSE: The the month of June, 19~3, showing a total expense of $1,628.%8 as compared with a tot~ expense of $1,892.8~ for the month of June~ 1952. The report was filed. 365 366 CITY PHYSICIAR~ The City Hanager submitted written report from the City ~y$1cl~n for the month of July, 1953~ showin~ 62? office calls filled as co~ed ~lth ~08 office calls ~d 61~ prescriptions filled for the ~onth of July~ 19~2. The re~rt v~s filed, II~LTH D~T~-POLICE DEP~T~ The City R~ger ~ub~tted the report on cha~es In the per~o~el of the Health Dep~tment ~d the~p~tm~nt~ ~Ro~oke~ Virginia August 10, 19~3 To The ~lty Co~cil Ro~oke, Virginia ~entlemen~ I wish to report the following ch~ges In the perso~el of the City H~L~H DEP~T~ Dr. J. N. ~dley resigned as Co~ssioner of Health, effective August 2~, 19~3. POLICE DEP~T~ Clarence Robert Hlner resigned, effective July 31~ Respectfully submitted~ (Signed) Arthur S. ~ens City M~ager" The re~rt was filed. B~: ~e City M~ager submitted ~itten report suggesting that $3~.00 ~be transferred fro= Investigations and Studies to Travel Expense In Accost No. 1, i[Co~cil, of the 19~3 Budget. On motion of Mr. Minton, seconded by Mr. ~aldrop ~d unanimously adopted~ the ~atter ~as carried over until the first meeting In September. After a discussion as to the date for the first meeting of Co~cil in Septe=ber~ Mr. Woody moved that the regular meeting be held on Tuesday, September 8, ~19~3, instead of Monday, September 7 which is a legal holiday. The motion was seconded by Mr. l~'aldrop ~d unaninously adopted. CITY PROP~TY: ~e City M~ager presented ~ritten re~rt together with a co~unlcation from Mrs. Sus~Hutson (Mrs. Lester T. Hutson) ~ing application for the renewal of her lease for one year on the city o'~ed property on the northwest corner of Church Avenue ~d Second Street, S. W. ~e request was carried over ~til the meeting of September 8~ 19%3. FIRE DEP~M~: Co~cil having previously referred to the City Manager a request from the Volunteer Ftrenen of Garden City aski~ that a fire station be erected in t~t area, for study~ report and reco=endation~ he sub~tted ~ltten report reco=ending that the ~tter be considered in the Budget study for 19~. On motion of Mr. Waldrop, seconded by }~. Minton ~d ~nimously adopted~ the reco=endation of the City M~ager was concurred in. P~ AND PLAYGR0~DS: Council having previously referred to the City M~age for study ~d report a request from the Wildwood Civic League that the city proceed with plus for the development of the Tazewell Morg~ Heirs property recently acqulr~ for park ~d other municipal purposes, he sub~tted ~itten re~rt reco~ending that the ~tter be considered in the 19~ budget study due to the fact there were no provisions made in the 19~3 budget for the develo~ent of the property~ ~d stated verbally that in the mettle the Wildwood Civic League be requested to sub~t a for the beautification of the property which can be developed by the clty and the citizens, pending further con$1deration. On motion of Mr. Woody, seconded by Mr. Minton and unanimously adopted, the recommendation of the Clty Manager was concurred in. STREE~rS AND ALLEYS-PURCHASE OF LAND: The City Manager presented draft of an Ordinance as prepared by the City Attorney providing for the acquisition of certain land to be used in connection with the widening of Winsloe Drive: N. W., and dated that the Ordinance be adopted as an emergency measure; whereupon: Mr. Minton offered the following: (#11895) AN ORDINANCE authorizing and directing the acquisition of certain land between Oaklawn Avenue, N. W.: and Frontier Road~ N. W.~ to be used as a portioh of Wlnsloe Drive; and providim~ for an emergency. (For full text of Ordinance, see Ordinance Book No. 19, Page 661.) Mr. Minton moved the adoption of the Ordinance. The motion was seconded by Mr. Woody and adopted by the following vote: AYES: Messrs. Minton, Wsldrop~ Woody, Young~ and the President~ Mr. Webber-5! NAYS: None ...................... O. PENSIONS: Mr. Marry R. Yates~ Secretary-Treasurer Of the Board of Trustees of the Employees' Retirement System of the City of Roanoke, presented a communication advising that the actuarial report of Mr. George B. Buck~ Consulting Actuar~ for thei! calendar year 1952 has been transmitted to the Board of Trustees and is available to Council. The c$mmunication was filed. In this connection, Mr. Yates presented copy of an appraisal as of June 30~ 1953, of the securities in the Employees' Retirement Systemas prepared by the Advisory Committee on Investments~ stating that he would furnish copies to each member of Council. The report was filed. WATER DEPART}~NT: The City Auditor presented the follo~ing report of the trustees appointed to effect the purchase of the ~;llliamson Road Water Company, Inc.~ showing all receipts and disbursements of the company: ~LLIAMSON ROAD WATER CO., INC. City Trustees' Stock Fund July 31, 1953 Receipts: City of Roanoke Williamson Road Water Co.~ Inc. (Balance) Refund on Release Refund on Taxes Interest earned on Deposit of Funds Total Receipts Disbursements: C. M. Ellis (Distribution) A. L. Hughson Minnie A. Webb - C. O. Calhoun - H. L. Turner " First National Exchange Rank (Mortgage) Internal Revenue Stamp Federal Income Tax T. Coleman Andrews & Co. (Preparing Income Tax Return) Bridgewater College (Refund of Installation Deposit) City of Roanoke (Pumping Water) .... Total Disbursements Escrow for Bridgewater College Balance for Distribution G550,000.00 5,825.95 .25 .01 6~6.16 $556,~62.37 $244,90?.75 19,208.~1 ~8,021.52 120,053.80 60,250.75 60.00 96?.92 50.00 150.OO 297.OO ~41.990.87 $ 1~,~71.50 200.00 $1~,271.~0 (~ns~6) A a~d con_rimin~ a re~rt ~mde~ f~~ ~ s~~ti~~ ~r ~ e~rg~cy. Mr. %~oody moved the adoption of the Resolution. The motion was seconded by '~. ~aldrop and adopted by the following vote: A~S: Messrs. Minton~ !~aldrop~ Iv'oody~ Yo~g~ ~d the President~ Mr. !~ebber-~ NAYS: None .................. O. REPORTS OF C0~IITTEES: None. ~[FIl,~ SltED BUSII~SS: ACAD~ OF f~SIC-CITY PROP~TY: Co~cil havl~ deferred action on the reques of the )!aglc City I~otor Corporation that Council consider :~enting the Acade~ of )~usic lot to the conp~ to be used as a parking lot~ the matter ~Fas again before the body. After a brief discussion of the matter~ it being the op~nlon of Co~cll that the lot should not be leased on ~ longtlme basis at this tine~ since the city may )u~t to use the lot for some municipal pur~se~ Mr. Minton moved that Council ~ action on the leasing of the lot unto a note complete study of the city's needs for the lot is made. ~e motion was seconded by Mr. Waldrop ~d un~imously adopted. ¥~AT~ DEP~TI~I~: Council ~ving previously deferred action on the reco~end~ ttons of its c~ittee appointed to negotiate with certain o~ers of existing small ~ater distribution system, for the furnlshi~ of ~ater ~d the t~lng over of the North Hills Water System, the matter was again before the body. In this co~e~tion~ Mr. T. L. Plu~ett, Jr.~ one of the attorneys from the Law Fi~ of Strlckler~ Pl~ukett ~d Strfckler, Attorneys representing the Executors of the Paul G. Hash Estate, appeared before Co~ucil ~d advised t~his clients woul~ go along with the counter pro~sal as contained in the co~lttee report; ~hereu~n~ Mr. Yo~ug moved that Council concur in the reco~endattons of the co~ttee. The zotion was seconded by Mr. !';oody ~d un~imously adopted. ~'~ith further reference to the matter. Mr. Woody moved that the co~ttee rep( ~d reco~endatio~be referred to the City Attorney to work with Mr. T. L. Pl~ett preparation of the necess~y measures ~d contract c~ryt~ out the t~t~ over the [the water system ~d present s~e to Co~cll. ~e motion was seconded by Mr. Young ')~d m~Amously adopted. ' ~NI~ ~D D~IC R~TIONS C0~T: Co~cil ~vir~ at its las~ meeting ~hereu~n, Mr. ~nton moved t~t the matter be referred to the 19~ budget study. BOARD OF ZONING APPEALS: Council havin~ at its last meeting deferred action on naming of a person to fill the unexpired term o£ Hr. J. P. Cruickshank, resigned, as a member of the Board of Zoning Appeals~ the matter was again before the body; whereupon, Hr. Waldrop moved that the matter again be carried over tmtil the meeting of August 2~, 19~3. The motion was Seconded by Hr. Woody and unanimously adopted. SE%IAGE DISPOSAL: Council at its regular meeting of July 13, 19~3~ having adopted Resolution No. 118~9 approving a proposed contract pursuant to the terms of .[which the City of Roanoke will treat wastes originating within the Town of Salem~ !the matter was again before the body. In this connection the City Clerk presented the following counter proposal as prepared by the Town of Salem: "THIS COICRACT~ made and entered into this the day of Nineteen Hundred Flfty-Three~ by and between the CI~OKEt of the first part and theTO1/N OF SALEH~ of the second part (both parties being municipal corporationst created and existing pursuant to the laws of the Commonwealth of Vlrginta)~ WITNESSET~: THAT, ~EHEAS, for the purpose of this contract the following words abbreviations shall, unless their use clearly indicates a different inten- tion~ be defined as follows: 'average Roanoke wastes'~ wastes having a b.o.d, content of 1~0 p.p.m, and having suspended solids of 180 p.p.m.; tb.o.d.~ or 'b.o.d. content~ biochemical or/gem demand; 'City' or *Roanoke*~ the City of Roanoket Virginia; 'Consultant', a competent en21neer~ not regularly ehployed by a party hereto, but~ who is temporarily employed in an advisory capacity and who is thoroughly capable of designing the type of sewage treatment plant operated by the City; 'p.p.m.t~ parts per million gallons; ~To'~n: or ~Salem'~ the To.~n of Salem~ Virginia; ~wastes~ sewage and other materials normally considered as sewage exclusive of materials nsntloned in Paragraph VI. A. of this contract; andt ~.qEREAS~ Salem is located upstream on the Roanoke River from Roanoke and~ due to such location, any wastes it may discharge, or permit to be discharged~ originating within the corporate limits of the Town~ other than those~ the discharge of which are permitted~ from time to time~ by The State Water Control Eoardt into said River or its tributaries, that has not been fully and completely treated in accordance with the requirements of said Board will be detrimental to the quality of ~ater in said River; and, %~EREAS~ the wastes originating in the To~ (other than those, the discharge of which are permitted~ from time to ttme~ by The State Water Control Roard)~ consist of the normal domestic wastes ~lth a heavy admixture of industrial wastes of concentrated character~ variable both in amount and concentration, making the treatment of the wastes originating in the Town both dlfficut~ and costly; and, %~EREAS~ the capacity of the intercepting sewer system built and o'~ned by the City was designed to be adequate for the transportation of the To'~n's wastes~ and the City's sewage treatment plant has capacity to receive, and is so designed as to be able~ to treat all wastes originating in the Town; and, WHEREAS~ it is recognized that the cleaning up of Roanoke River is not a matter to be done and accomplished for a limited period of years~ but should and must be a permanently~ continuously effective procedure; and~ %~HEREAS~ the transportation to and the treatment of all wastes originat. lng the Town (other than those, the discharge of which are permitted, from time to time~ by The State Water Control Board), at the Roanoke plant will be to the advantage of both the City and the To~m. THE~EFORE, for and in consideration of the prem/ses and of the covenant and obligations herein contalned~ the parties hereto covenant and agree, one with the other~ as follows: I. SCOPE: A. The Town agrees to deliver all of the wastes originating within its corporate limits (other than those, the discharge of which are permitted from time to time~ by The State Water Control Board)~ to the present western 369 terminus of the City's Roanoke River lnterceptin~ sever, located on th~ nort bank of the Roanoke River on property belon~in~ to the United States or A~erica~ (~an~ole ROe ~and Station No° ~$ and the City a~rees to accept all of the To-nme wastes at sa~d point and transport the same therefrom through its interceptor liner to its treat~entplant and to treat all such wastes in its plant to the same extent and degree that it shall treat wastes orlslnatir~with~n the City at its plant~ and such treatment shall conform to the rulesm regulationsj and directives of The State Water Control Board~ and shall be the exclusive responsibility of the City, All wastes treated at the Roanoke plantm includ lng wastes originatir~ in the To~n~ shall be the property of the City. B. Salem covenants and agrees to provide and maintain, at its sole expensem all facilities necessary to deliver its wastes from all points of collection to the point of delivery at the upper~ost western terminus of the Cityts Roanoke River interceptin~ sewert as heretofore designated, Salem sh~ll provide and install a recording flow meter~ a by-pass connection aroun the meter for emergency use, and facilities for takir~ samples, either manually or automatically; all of which metering and by-passin~ facilities provided for in this sentence shall be mutually agreed upon between the City ~nd the To~n. ' II. CHARACT]~ OF WASTES: ~the wastes delivered by the~To~n and accepted by the Citym shall have an average b.o.d, not to exceed OO p.p.m.} and an average suspended solids content not to exceed 600 p.p.m.~ at the point of delivery Of this waste to Roanokems intercepting sewer. The average b.o.d. and suspended solids strength referred to in this paragraph shall be determined by composite samples taken hourly for twenty-four (~) hours, at eight day intervalsm over a period of three months. The average strength of the wastes as determined for the llnmediate past three months shall then be the basis for determ~lY[ng the avernge strength of the waste to be paid for each current month. B. Salem especially covenants and agrees to take whatever measures that are necessary to keep the strength of its wastes within a maximt~m b.o.d contentm not in excess of 600 p.p.m.~ and suspended solids content not in excess of 900 p.p.m,m based on twenty-four (2{+) hour composite ssa:piing as hereinabove set forth! and provided for. III. CF_~RGES FOR S~.'IAGE TREAT]-~}~ SERVICE: The Teton agrees to pay to the City the following charges for trans. porting and treating all uastes delivered to the City by the A. During the first fiscal yearm that this contract is in force and effect~ the charge for treating wastes of strengthsm not exceeding the strengths mentioned in Paragraph II. A., supram shall be Twenty-Four ($2~.00[ dollars per million gallons. It is covens~nted and agreedm that as of the first day of the second year! and applicable to the entire second yearm and as of the first day of each successive year thereafterm likewise applicable to each said successive yearm the charge for treating the ~astss of strength net exceeding the strengths mentioned in Paragraph II. A.m supram shall be Twenty-Four ($2~.00) dollars per million gallons, increased or decreased by the average retail commodity price index change for the twelve (12) months period immediately preceding the first day of etch such succeedin~ yearm as provided for above. The basic charge of Twenty-Four ($2~.00) dollars per million gallons shallm for the purpose of computing the charges for the second and subsequent yearsm be the average retail co~.~odity price index for the first twelve (12) calendar months that this contract shall be in force and effect. The retail commodity price lndexm hereinbefore referred tom she be the retail com~odity price index prepared and published by the Bureau of Labor Statisticsm Department Of Commercem United States Government. Should any question arlsem between the parties heretom relative to any change or changes in the base charge above provided form then such question shall be determined by a majority of a committee of three} composed of the Auditorm the City{s Auditorm o. nd e third independent Certified Public Accountantm to be chosen by said two Auditorsm the latterms charges to be borne equally by the To'~n and City. B. The To%~ covenants and agrees that for each current month (as hereinbefore deftned)t during which the average b.o.d, exceeds ~O0 p.p.m. the average suspended solids exceed 600 p.p.m,m at the point of delivery the Clty{ s intercepting se~erm that it shall pay a surchargem in addition to the charge provided for in Paragraph III. A.} supra} of $~.00 per m~lllon gallons for each ~0 p.p.m,m of b.o.d, or of suspended solidsm or-each ma~or fraction thereofm for the transportation and treatment of its wastes. Should the strengthm howeverm exceed a b.o.d, of 600 p.p.m,m Or suspended solids of 900 p.p.m.m the Town agrees to collect samples each day thereafter until the strength of the wastes is no greater th~u'l that specific< in Paragraph II. B.! supra; and furtherm should the strength of the wastes exceed a b.o.d. Of 600 p.p.m,m or the suspended solids exceed 900 p.p.m,m a surcharge shall be computed on each of $10.OO per million gallons for each ~0 p.p.m, or major fraction thereofm in excess of said 600 p.p.m, of b.o.d,m or 900 p.p.m, of suspended solids. C. The Cit~ covenants and a~rees~ that for any current month (as hereinbefore defined)m durin§ which the average b.o.d, is lower than 300 p.p.m,m or the avera§e suspended solids is lo%esr than~OO p.p.m.} at tke point of delivery to the City's intercepting sewer, that there shall be a reductionin the chargem provided for in Paragraph III. A.m supram Of $~.O0 ~er million gallons for each ~O p.p.m,m or major fraction thereof for each. D. The City egrees to render to the Torn each month a bill for the proper a~ount oved by the To~n (to the City) for Itst the Tovnlst ~ortion of treatment service including surcharges and cred/ts~ if ~y~ for the prece current ~nth (as hereinbefore deflned)l ~lch bill the To~ agrees to pay uithtn ten (10) days from the date of the receipt thereof. IV. ~PL~E6 OF The To,~ coven~ts ~d 8~rees as (a) That It ~11 lnstall~ at the ~lnt of'delivery of all 1ts vastes to the City's Intercepting se~er~ adequate facilities for its vastes; (b) That it rill t~e each hour~ for tventy-four (~) hours, a s~ple equal to a rate of one lltre ~er ~tllion gallons as indicated on the recording flor meter at the s~pltng statlonj ~[eh s~ples shall ~e up th, co~slte s~ple for the d~. Such com~oslte s~ples shall be t~en at elgh day intervals throughout the year. (c) T~t the ~ethod of collectlng ~d co~osltl~ shall be ~tual] ~greed upon between the City ~d the To'~; (d) ~at the To~ rill deliver the co~posite s~ples to the sewage pl~t at the end of each tventy-four ho~ period; (e) That the strength of the ~astesj as dete~ined at the of the City's sevage treatment plant, shall ~e binding u~n both parties In arriving at the surcharges to be pat~ by the To~ or the reductions to be ~llo~ed the To~, for the treatment of wastes as herein contemplated; provlded~ hovever~ t~t the To~ ~ay ~ake such check observations ~s It m~ desire ~d discuss ~y divergence tn results or methods of computation vlth the City in the interest of ~tual ~derst~dlng~ ~d~ In event, such ~utual ~der~t~ding ca~ot be reached~ the methods and procedures shall be referred to ~d dete~lned by the consulter of the Totm~ the consultant of the C~ty ~d a competent consult~t a~reed u~n by the t~o~ the latter~s charges to be borne equally by the Tot'n and the City. V. BY-PASSING E~ P~MITTED~ As the cardinal put,se of t~s contract is to brlnz a~ut ~ effective a~atement of the pollution of Ro~oke Rlver~ the To~ covenants and a~rees that it wlll not bypass~ without the consent of the Ctty~ 1ts ~astes to the Rlver~ or ~ tributary thereof~ u~ess ~d ~tll the flo~ in its ~ttary sewers~ as measured by the recordin~ flo~ meter Installed at the western te~lnus of the City's Roanoke River lnterceptl~ sewer~ at the tlme~ exceeds the rate of four mlllton gallons per t~enty-four hours. ~d~ further~ In ~ effort to reduce such by-passing to a practical mtnfm~ the To~n covenant~ ~d agrees to pe~lt no additional raln or sto~ water tions to be made to its s~lt~y ~e~er systen~ m-Aess absolutely necessary~ and~ also~ it agrees to discontinue exlstin~ co~ectlons thereto, from tine to %lme~ as ~d ~he~ the To~ deems it advisable to do ~o. ~. ~(CL~ED I~T~IALS: A. The To~m e~pectally coven~ts and agrees that its ~astes~ as eltvered to the City's intercepting se~rer~ sh~l not contafn o~ls~ hair rom t~erle~ pa~ch eontents~ grit from packing plants~ chrome~ platln~ ~astes~ or other subst~ces not no,ally regarded as se~:age~ In such qu~tlties ~d concentrat[ons as ~ould adversely affect the operatlons of the City's ~e~a2e treafment pl~t; and~ further~ that if such wastes contaln1~ these subst~:es ~e recelved in Salem's severs~ the To~ proceed t~edlately to require that the qu~tlties ~d concentrations of such subst:ces be removed~ or reduced~ by the parties responsible therefor. B. ~ould It become evldent that the Tosm is deliverin: to the City's 1nterceptlr~ se~er ~terial excluded by Paragraph ~. A.~ supra~ the City shall at once notify the To~m of such fact~ and~ u~n beln~ ~o notified. the To~m coven~ts ~d a~rees to ~orth~lth~dertake to abate or materl~ly reduce such dellverles. If~ 1n the opl~on of the Tou~s consult~t~ the City s consult~t~ ~d the consulter chosen by the two~ or ar~ t~o of such consult~ts~ the Clty~ after such notlce~ has been or is being put to addl- tlo~ expense tn operating ~d mainta1~ 1ts ~e~age treatment pl~t~ because of ~uch delivery by the To~ of ~y such excluded materlal~ then the To'~ agrees to promptly relmburse the C1ty for the ~o~t of ~uch addltlonal expenses as ts fo~d to be due by a majority of such consultmnts. C. ~ould it become evident that the To~ Is delivering to the City's lnterceptt~ ~ewer ~tertal excluded by Paragraph ~. A.~ supra~ ~d the Olty notifies the To~m of such fact~ as contemplated [n the p~agraph next above~ and the To~ does not abate or ~terially reduce such del1~erles promptly~ ~d further~ tf~ tn the opinion of a ~Jorlty of said con~ult~ts~ the City should ~dert~e to treat vastes containing such (excluded) materla alon: wlth ~1 other proper ~astes~ real d:age ~ould thereby be done the City's sewage treatment pl~t operations then~ ~d in such events~ the City ~ by-pass 1nto the R1ver~ at the nearest convenient point to lts se~a~e treatment pl~t~ all sewage entering its intercepting l[nes~ tncludlnE vaste~ or1~lnattn~ in the To~. ~ttl such time as The State Water Control Board~ other competent aut~ri~y~ s~l properly order the City to cease to by-pass~ ~ing all of the time that the City should by-pass~ as contemplated tn paragraph~ the To~m m~l pay the Ctty~ at the rate prev~llng when the Clty~ co:ences to by-pass~ in the s:e ~er as if the To'~ had delivered no excluded ~terials ~d the City had treated all of 1ts regular acceptable vastes. I~ ~d when~ the City nay be ordered by The State Water Control Board~ or other proper authorlty~ to cease to so by-pass into the River the To~ nas not ceased to deliver to the Clty*s 1nterceptln~ se~er all materlal~ excluded by P~agraph~. A.~ mupra~ then~ ~d in such events~ the Clty~ at [ts electlon~y~ after reasonable notlce to the To~-m~ resinate this contract. 371 VII. TERM OF CONTRACT: Thl~ contract shall continue in full force ~nd effect for a of Twenty-five (2%) years from its date. HoweYer, it is covenanted and agreed that either party shall have the right to terminate the same after the expiration of Eighteen (18) years by giving the other party ~ritten notice of its desire to do so on or before the end of the Fifteenth (1~) year; or by giving Three (3) yearsI written notice of its desire to terminat the same at any time between the Fifteenth (l%th) and Twenty-Second (22nd) year. WITNESS the names of the parties hereto by their [espective Hayorst and the seals of each duly affixed and attested by their respective Clerks, on the day, ~onth and year first ebovewrittent CITY OF ROANO~ Attest: By Mayor TOi,~ OF SALI~4 Attest: Mayor To~m Clerk" The City Clerk then presented the following letter from Mr. James I. Moyer, Mayor, Town of Salem, relative to the counter proposal: "August 6, 19%3 Council of the City of Roanoke Roanoke Virginia Gentlemen: I have been instructed, by the Council of the Town of Salem, to write you relative to the proposed contract, for thc treatment of Salem's sewage and Taste, received by Salem on July 1~, 19~3. The contract~ in the form submitted to us, is not acceptable to the Town of Salem. We have redrafted the contract, and you will find enclosed a draft of a contract we could accept. Your attention is especially called to the following material changes in the contract, originally submitted by you to us, and our reasons therefor (1) Section VII. Term of Contract. We recall to you the discussion by your Council and the To;~ of Salem Council on June 9, 19~3~ at Longwood~ in Salem. when each and every member of your Council made it plain that the important objective was to keep even the treated sewage and ~aste of Salem~ out of Roanoke Rlver~ west of the City; that to accomplish this, the ntunber of years a contract was to run was unimportant; that it was preferred that the To~ state to the City the number of years, for a contract, that ~ou!d be acceptable to the To'~n. Subsequently, the To~ advised you that a contra~ for twenty-five (25) years would be agreeablet provided all other details could be worked out. In effect, the contract~ as submitted to us by you, provides for a perlo~ of twelve (12) years. We have redrafted Section to provide for a contract with a base period of twenty-five (2~) years, with the right reserved to either party thereto to cancel the sa~e~ after the fifteenth (l%th) year thereof, upon the giving of three (3) years' ~ritten notice tothe other party~ of its intention so to cancel. (2) In the Whereas clauses~ in the contract submitted by you, it appear: 'that you intend to m~ke the To~ responsible for all wastes originating within the corporate limits of the Town. We have made some changes in the ¥.%.ereas clauses, particularly in those clauses which seek to place upon the Town a responsibility that it could not assume. ~erever you have called upon the To~ to control the discharge of wastes~ originating within the corporate limits of the Tovnt we have used the following language, 'other than those the discharge of which are permitted, from time to time~ by The State Water Control Board.' The other changes, you will note, are only for clarification. (3) Section I. Scope. A. The contract, submitted by you, was lndefinit~ as to the location of the point of reception of our ~astes. We have under- taken to definitely locate this point as 'on the north bank of Roanoke River on property belonging to the United States of America (Manhole Number Station Number .)'. We have also changed the language of 'A" ~y calling fo~ treatment by you ~hich shall conform to the rules,regulations and directives of The State Water Control Board, and have made you exclusively responsible for such treatment. (~) Section II. ~haracter of Wastes E~ile the limit on average b.o.d. and the limit on suspended solids content, is thought by us to be fair do not think that the contract~ as submitted to us~ went far enough in out how the character of wastes was to be determined. %'re have. therefore~ rewritten 'A' and 'B' and provided the method for determining {he character of wastest and the basis for determining the average strength of such wastes City Clerk (~) Section IIio ~har~es for Sewage Treatment Service. The contract, as submitted by you, provided for a charge of $12 per million gallons of waste, which vas never to be variedg and which was to help you pay for your intercepting sever line, running from your plant to the point where you would receive our sewage and vaSteo Nothing of this sort vas ever suggested ?us, in our conferences ne two Councils on June 9tho On the contrary, ye were told, time and time again, and were told by your Council om June 9th, that you did not expect to charge the Town of Salem anythin~ more than the actual cost to you for treatln~ our sewage and waste, and that you would set up a formula for arriving at the actual cost of treatment to the Town of Salem. The contract submitted by you, did not embody either actual cost of treatment or a for~ul ~er~oro Consequently, Section III has been entirely redravng eliminating ~ne ~at charge of $12, and establishing a s~ecific formula for determinir~ the charges and surcharges to be =ade~ and the credits to be allowed~ if any (6) Section IV. ~amplin~ of Salem's Wastes. A careful study of Sectio: IV led us to the conclusion that some clarification was necessary in order keep do~p~ssible difficulty in the methods of have thus rewritten portions of Section IV. (7) Section V. B¥-Passin~ Not Permitted. The contract, as submitted by you~ placed upon the To.~n the burden of controlling the by-passing of wastes to the river, regardless of the source of the wastesgor the origlnai responsibility therefor. For obvious rcasons~ this ~ould be an unfair burden to the Tm~n~ and Ye have removed this burden. (8) Section VI. Excluded ~aterlals. A. The contract, as submitted by you, held us responsibie for even the s~mllest quantity of oil slick, hair from tanneries, paunch contents~ grit fron packing plants~ chrome~ wastes~ and all other substances not noraally regarded as sewage. Because of our present and future industrial situation~ such e prohibition ~ould unduly penalize the To~m. We have rewritten ~A~ so as to eliminate this objection. Such other changes, as you may note~ are self-explanatory. It is our considered opinion that the enclosed contract is entirely in accord with the expressions made to us by you gentlemen at the conference of June 9th. %re further believe that each Council no~ has reached the time for fines decision. %fe do not think that further negotiations~ bet%.;eenm, in respect to the material provisions of a contractg ~dll do more than prolong such final decision in this i=portant matter. Therefore~ ~e respectfully request that you advise us of your disposition in the matter without ~due delay. You realize~ of course, that our decision must a~;ait yours. Very truly yours, (Signed) Janes I. Moyer~ JA~tES I. MOYER~ MAYOR TOI'~ OF SALk~" With further reference to the matter~ State Senator Earl A. Fitzpatrick appeared before Council and called attention to the meeting of the State %'~ater Control Board to be held in Salem, %fednesday~ August 19~ 19~3~ in connection with the killing of fish in the Roanoke River and urged that Council request that the question of po!lution of the river by Salem be placed on the agenda for the meeting of the Water Control Board~ Senator Fitzpatrick suggesting that Council request the State Water Control Board to fix a definite date for Sale~ to correct the situation in that he feels Roanoke has been patdent long enough and that he believes the city has offered Salem a fair contract, advlsfng that he, ~r. Kossen Gregory~ Democratic nominee for the House of Delegates and Delegate Julian H. Rutherfoord~ Jr.~ are in accord with his suggestion and are offering their services to the City of Roanoke in its effort to rid Roanoke River of all pollution. At this podnt~ Hr. Young presented the fo!lowin~ prepared statement: "August !0, 19~3 Mr. The City of Roanoke has spent more than $~0OO~0OO.00 of our taxpayers' money in an attempt to clean up Roanoke River in cooperation with the State Water Control Board. %;e are now charging our citizens more than $~00,000 per year to anortizeg=aintafn and operate the system. Our taxpayers are being charged for something they are not getting, because~ in spite of our efforts~ Roanoke River is still an open sewer~ due to the lack of cooperatio~ on the part of our neighbors living upstream. I do not think it is fair to our taxpayers to be saddled with the expense of operating our sewaze dlsposa~ plant when ~e are not getting the benefits anticipated. I think the time has come for this Council to notify the State Water Control Board that~ if measures are not taken immediately by the Board to require the To'~a of Salem to treat its sewage and clean up the riverg that we propose to cease operatl~ our sewage treating plant and dump our untreated~ raw sewage back into the flyer as we did in the past. I don~t see how we can Justify charging our citizens for operating the sewage treating plant in order to clean up the river when we are not accomplishing our purpose and the river still contains 3?4 I. thereforeg move that the City'an ages be instructed to notify the State Water Control Board that. If some definite plan for treating SEe: sewage is not approved by the Board by October 31g 19~]~ the City of will, on that date~ cease to operate its own sewage)' disposal plant and it in 'moth balls~ until suitable sewage treating facilities are by the Town of Salem~ or~ arrangements made with the City of Roanoke to treat this sewage. W. L. Young" After a further discussion of the matter~ the Prestdente Hr. Webbere request Senator Fitzpatrick to make arrangements with The State Water Control Board for the City of Roanoke to be heard at the meeting to be held in Salem on August 19g Senator Fitzpatrick advising that he would make the request and advise Council as t¢ the results. Council then went into an executive session and upon re-convening, Hr. Hint¢ offered the following emergency Resolution as prepared by the City Attorney, (#11897) A RESOLUTION rejecting a counter proposal of the To~m of Salem under date of August 6~ 19~3, to the City's offer relating to a proposed contract between the City and said Toma for the treatment of the latter~s sewage and wastes; rene~lng said City'~ for~er offer to said To'al; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 19, Page ~63.) Hr. Minton moved the adoption of the Resolution. The motion vas seconded by lis. }!oody and adopted by the following vote: AYES: Ilessrs. Minton, }~aldrop~ 'a'oody, Young, and the President, Its. Webber- NAYS: None ..................... O. With still further reference to the matter~ Mr. 2'oody offered the following emergency Resolution: (#11898) A RESOLUTION authorizing and directing the City Manager and others to appear before The State l~ater Control Board at its next meeting and aake certain requests on behalf of the City; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 19, Page ~6~.) Mr. Woody moved the adoption of the Resolution. The notion was seconded by Mr. Waldrop and adopted by the follo'~ing vote: AYES: Messrs. Minton, l~aldrap, Woody, Young, and the President~ Mr. ~bber- NAYS: None .................... O. CONSIDERATION OF CLAIMS: None. It~RODL~CTION /~{D CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance I~o.11868, rezoning property located north of Gllmer N. W., between Sainsboro Road and First Street, described as Official Nos. 2011801, 2011802 and 2011803~ Block 3, Official Survey F.i 1~ having previously been before Council for its first readingg read and laid over, was again before the body, Mr. Woody offering the following for its second reading and final adoption: (#11868) 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 Rook No. 19, Page ~3.) Mr. Woody moved the adoption of the Ordinance. The notion was seconded by Mr. Waldrop and adopted by the follo~ing vote: AYES: }iessrs. Minton, Waldrop, Woody, Young~ and the President: Mr. Webber- NAYS: None ............... O. MOVING PICTIEtE}~CRINE OPEItATORS: Ordinance No.11869, regulating and for the operation of motion picture booths and machine% having previously been before Council for its first readlng~ read and laid over~ was again before the body: Mr. llinton offering the following for its second reading and final adoption: {~11~69) AN C~tDINANCE regulating and providing for the operation of certain motion picture booths arid machines; providing for the inspection thereof; regulating !the maintenance of equipment in such booths; 'licensing motion picture machine operate,rs and apprentices; providing for the appointment of an Examining Board therefor; and providing penalties for the violation of this ordinance. (For full text of Ordinance, see Ordinance Book No. 19, Page ~4.) Mr. Minton moved the adoption of the Ordinance. The motion was seconded .by Mr. Young and adopted by the following vote: AYES: Messrs. Minton: %{aldrop: Woody~ Young, and the President, Mr. %{ebber- NAYS: None .................... O. ZONING: Ordinance No. 11870 rezoning portion of property located on Williamson Road, N. E.~ between Wildhurst Avenue and Oakland School, described as Part of Lot 11 6 Block ~, Map of Upson Addition~ Official No. ~1 0127~ from General Residence Dlstrictl to Business District, having previously been before Council for its first reading~ Ii read and laid over, :~as again before the body~ Mr. Young offering the follo'~ing for Ii Its second reading and final adoption: (#11870) AN ORDINAHCE to amend and reenact Article I, Section 1, of Chapter ~l of the Code of the City of Roanoke~ Virginia, in relation to Zoning. (For full text of Ordinance, se~ Ordinance Book No. 19, Fage ~6.) Mr. Young moved the adoption of the Ordinance. The motion ~:as seconded by Mr. :'~aldrop and adopted by the following vote: AYES: Messrs. }Ilnton~ ~faldrop, l'foody, Young, and the President, Mr. Webber-5~ NAYS: None ................... O. S~AGE DISPOSAL Ordinance No 11881 makin it n' w~ ~' : . · , ~ g tn ia ~ul to discharge into any stream flowing ~'tthtn the city noxious' or deleterious substances, having previously been before Council for its first reading, read and laid over, was again before the body. In a discussion of the effective date of the Ordinance, Mr. Young advised that he feels more time should be granted to comply with the requirements of the Ordinance, and moved that the effective date of the Ordinance be November 30, 19~3. The motion ~'as seconded by Mr. %~oody and adopted by the following vote: AYES: Messrs. Minton, ~'faldrop~ :'~oody, Young, and the President, }.ir. :,'ebber-~ NAYS: ~.*one ................. O. Mr. Minton then offered the follouing Ordinance, as amended, for its second reading and final adoption: (#11881) AN ORDINANCE making it unlawful to discharge into any stream florin within the City noxious or deleterious substances; exempting certain persons from the provisions hereof; and providing penalties for violation of this ordinance. (For full text of Ordinance, see Ordinance Book No. 19~ Page Mr. Minton moved the adoption of the Ordinance. The motion was seconded by Mr. %Jaldrop and adopted by the follo'..~ing vote: AYES: Messrs. Minton, Waldrop, :~oody, Young~ and the President, Mr. Webber-g NAYS: None ....... i ......... 0. RECREATION DEPARTMENT: Council having previously deferred action on an Ordin ace leasing space from }ir. R. A. Alouf at No. ~O1-A Campbell Avenue, S. }.f., for a Teen Age Girls' Center, until after an~nspectionhas been made of the premises by the Director of Parks and Recreation and the Chief of the Fire Department to ascertain vhether or not the building meets vith all requirements and safety regulations~ the ~atter was~ain before the body. In this connection~ the City Hanager advised Council that such an inspection has been ~ade and that the building meets all requirements; whereupon, Mr. Woody offered the following as an emergency measure: (#11899) AN ORDINANCE authorizing the acquisition by lease,upon certain conditions, of certain propcrty to be used for pnrposes of the Department of Parks and Recreation; providing for the payment of rental therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 19, Page h65.) Mr. !reedy moved the adoption of the Ordinance. The motion vas seconded by Mr. 1Mldrop and adopted by the following vote: AYES: Messrs. Minton, i'!aldrop, 1~ody, Young~ and the President, Mr. !~febber- I~YS: None ................... 0. LIBRarY BOARD: Council having previously requested the City Attorney to pre mn Ordinance in accordance ~lth a request of thc Roanoke Public Library Board, he presented sane; whereupon, Mr. Young moved that the follo~'lng Ordinance be placed upon its first reading. The motion ~as seconded by Mr. Minton and adopted by the following vote: A_~S: Messrs. Minton, Waldrop, ?reedy, Yo~g~ and the Presldent~ Hr. Webber- MAYS: None .............. O. (#llgO0) AN ORDINANCE authorizing and directing the Roanoke Public Library 'Board to assign and/or deliver unto the Roanoke Public Library Foundation all exist securities and funds held by said Board under bequests and gifts heretofore made for the benefit of the Roanoke public library system, to be administered by said Foundation in strict accordance ~ith the express ~ishes of the individual donors. k~I~EAS, Section 10 of Chapter 39 of the Code of the City of Roanoke reads as folloYs: "Any person desiring to make donations of money, or other property~ real or persor~l~ for the benefit of the library system shall have the privilege to vest title to such property in the library board to be held and controlled by such board uhen accepted~ according to the terms of the instrument vesting such title; and as to such property the library board shall be held and considered as special trustees." and %aiEREAS, pursumnt to said section one bequest and several gifts of cash haw been made to the Roanoke Public Library Board, which funds have heretofore been handled by the Director of the Roanoke Public Librar~u~er the directioncf the Roanol Public Library Board; and ~E~EP~EAS, as appears from a petition filed by the Roanoke Public Library Board to this Council under date of June 15, 19~3~ the total of such cash and securi at book value~ as of the last-mentioned date, ~;as $16~305.~3, and ~,gqFd~EAS~ the Roanoke Public Library Board has been advised that it has no charter status and is purely a creature of the Council of the City of Roanoke, to be continued or abolished at the pleasure of said Council. Therefore~ said Board is of the opinion tbmt interested and public-spirited persons ~ill be more Inclined and apt to make bequests and donations for the use of the Roanoke public library system if there exists a non-stock and non-profit corporation~ of unlimited duration~ of ROANOKE PUBLIC LIBRARY FOUNDATION~ and ~fHEREAS, the Roanoke Public Library Board represents that it proposes to actively solicit gifts and bequests to the Roanoke Public Library Foundation to be used for the purposes stated in its charter and~ the Roar. eke Public Library Board is of the opinion that the wishes and purposes of the donors of the securities and fund above referred to and hereinafter described will be fully carried out by causing the same to be delivered to and administered by the said Roanoke Public Library Founda- tion, and ~fHF~F&S, in the considered Judgment of this Council, it is in the public interest to cause the aforesaid funds mud securities to be delivered to and adninist by the said Boanoke Public Library Fo~udation. Ttt~qF3-ORE, BE IT ORDAINED by the Council of the City of Roanoke that the Director of the Roanoke Public Library and the Romuoke Public Library Board be, and they are hereby, authorizedand directed to asslgn~ deliver and turn over to the Roanoke Public Library Foundation all securities and funds held by said Director and Board under bequests and gifts heretofore made for the benefitLibraryOf Foundattonthe Roanoke publicl library system, to be adndnistered by said Roanoke Public in accordance with the expressed wishes of the individual donors thereof, together with any .and all accruals thereto and any and all similar gifts or bequests so made prlortl to the effective date of this ordinance; said funds and securities, as stated in aforesaid petition, being, as of June 15, 19~3, as follows: "GEORGE FORSEA BEOUEST By will dated June 3, 1932, and probated November 17, 1943, in the Hustings Court for the City of Roanoke, Virginia, George Forsea devised and bequeathed his residuary estate 'to the Board of Directors of the Hoanoke City Public Library, to ibc held as a per=anent endo%~ent fund, and the income from s~me to be used by the ilRoard in such manner as they deem best.' The will contains the following provisions~ 'The said Board is to have full power and authority to sell any of the said property and to reinvest the proceeds of sale, and from time to time to change the form of the investment~ and any purchaser from it is relieved of seeing to the application of the purchase money. If, at the time of ny death, the Board of Directors of the Roanoke City Public Library is not such a legally constituted body as to be able to accept the bequest as an endowment fund, I direct that all the rest and residue of my estate be held in trust by myTrustee herein- after named until such time as a legally constituted body may be created for the purpose of conductiD~ a public library in the city of Roanoke, Virginia~ at which time the rest and residue of my estate is to be turned over by my said Executor and Trustee to such legally constituted body, to be held by it as a per~anent endovment as set for1 in Paragraph Three above.' The Mountain Trust Bank, as executor of the will, turned over to the Ro~oke Public Library Board $12~!40.t9~ the present status of which is as follows: Securities purchased and held by First National Exchange Bank on agency account: $2~00 par value U.S. 2-1/2% G bond $2500.CO $6000 par value U.S. 2-1/2%Treasury bonds 12/1~/67-72 acquired 6/3/~6 6~13.7y 7% shares Virginian Railway stock, acquired ~/28,d+6 3196.94 6 shares Virginian Railway stock, acquired ~/9/~9 Total cost securities :J12~11~.96 red Cash on deposit with Peoples Federal Savings and Loan Association Total principal Unexpended income on deposit in Peoples Federal Savings and Loan Association Total principal and unexpended income O00[f~I N-TERRY FUND ~nJune26, 1935, RoarmkePublic LibraryBoard accepted from Edmund P. Oooduin and Mrs. Fary Terry Ooodwln Kuyk a gift of $1~,~X) to be known as the Goodwis Terry Fund upon the following terms and conditions: ~The income and principal of which shall be used in the following =mnnor~ to-wit: So long as the Roanoke Public Library (not branches) is housed in a building that is not fire-proof (raid word to be defined by general insurance ratings) and for such further time as the Board of Trustees may deem best. the income of said fund shall be used for the sole purpose of buying books in order to form or add to a Virginiana Reference Library to be housed in the main building of the RoanokoPublic Library. l~hen or after a fire-proof public library building has been constructed~ the said fund~ in the discretio: of the Board of Trustees of the Roanoke Public Library~ nay be used in its entirety for the purpose of purchasing Vlrglniana books to add to the above described reference library.' The status of that fund is as follows: $1000 par value U.S. 2-1/2~ G bond, held by First National Exchange Bank on agency account $ 1~0~O.00 Unexpended income ~4. O Total principal and unexpended income $1~o~.5~0 J. B. FIS~URN FUND On January 22~ 19~6, J. B. Flshburn gave to the Roanoke Public Library a I~ valuable collection of books and $1,000 in cash 'with the understanding that you are "ito purchase books to add to my gift~ but you need not confine your purchases to : ilVirginia~. Just purchase the ones~ at your convenience~ that are the most needed by the library.' The present status of the fund is as follows: $1,350 face value U.S. Savings Bond, Series F, due ~/1/58 $ 999.00 iI Cash on deposit in First Nat'l. Exchange Bk. 1.00 Total auount received ~,OOO.O0 ETHEL BELLE JONES !~cQUILKIN FU~D On September 22, 1951, the Roanoke City Education Association and the Roanok~ Teachers Association gave the Roanoke Public Library $215.23 for the purchase of iiin the field of history and on the subject of flowers in memory of Mrs. McQuilkin. There is now an unexpended balance in the fund of $175.23. MISCELLANEOUS FUNDS Roanoke public library now has on deposit in First National Exchange Ba~ of Roanoke the following unexpended balances of funds given to it: Wednesday History Club $ .66 Television Fund (for repair and upkeep) 15.52 Daughters of Amertcan Revolution (for binding D.A.R. books) 21.92 Camera Club (for books on photography) 25.00 International Ladies Garment Workers (for purchase of books on labor) 22.67 Roanoke banks (for purchase of books on banking) 113.00 Raleigh Court Lions Club (for purchase of books on Virginia) 2~.00 Total miscellaneous balances $ 223.77 RECAPITULATION Securities, at cost $1~,117.96 Cash ~ Total securities and cash " The Ordinance having been readt was laid over. In this connection, the City Attorney presented an Ordinance repealin§ Section 10 of Chapter 39 of the Code of the City of Roanoke; whereupon, Hr. Rlnton moved that the following Ordinance be placed upon its first reading. The motion seconded by Mr. Young and adopted by the following vote: AYES1MessrSo Minton, Waldrop, Woody, ¥ouns, and the President, Hr. Webber-~ NAYS: None .............. Oo (#11901) AN ORDINANCE repealing Section 10 of Chapter 39 of the Code of the City of Roanoke. ~qEAS, by petition dated June l~, 1933, heretofore filed by the Roanoke Public Library Boardt said Board recom=ended and requested that Section 10, Chapter 39 of the Code of the City of Roanoke be repealed, and ~5!EREAS~ at the direction of the Roanoke Public Library Board, a non-stock and non-profit corporation, of unlimited duration, under the name of Roanoke Public Library Foundation was, on May 26, 1933, created by the State Corporation Co~lssion the purpose of which is to promote the expansion and improvement of the facilities and services of the Roanoke public library system, and WHEREAS, since the creation of the aforementioned corporation, this Counsil no purpose in continuing the aforementioned Code section in effect. THEREFORE, BE IT ORDAIh~D by the Council of the City of Roanoke that Section 10 of Chapter 39 of the Code of the City of Roanoke be, and the sa=e is hereby, REPEALED. The Ordinance having been read, was laid over. GRADE CROSSINGS: Council having previously requested the City Attorney to prepare the necessary measure a~thorizing paynent for certain architectural servicesl in connection with the alteration of certain buildings affected by the proposed construction of the Jefferson Street Grade Crossing Elimination Viaduct and Project, he presented same; whereupon, Mr. Uoody offered the following as ~u emergency measure: (#11902) AN ORDINANCE authorizing and directing the City Auditor conditionally to pay Wells & Meagher, Architects & Engineers, their proper charges for services rendered in cormection with the possible alteration of buildings affected by the proposed construction of the Jefferson Street Grade Crossing Elimination Viaduct and FroJect; and providing for an emergency. (For full text of Ordlnance~ see Ordinance Book No. 19, Page ~66.) Mr. Woody moved the adoption of the Ordinance. The motion was seconded by .Mr. Waldrop and adopted by the following vote: AYES: Messrs. Minton, Waldrop, Woody, Young, and the President, Mr. Webber NAYS: None ..................... O. BUDGET-JUVENILE AND DOMESTIC RELATIONS COURT: Council having previously requested the City Attorney to prepare an Ordinance appropriating $~,O12.11 with which to purchase certain equipment and supplies for use in the City's Juvenile Detention Home~ he presented same; whereupon, Mr. Waldrop offered the following' as (#11903) A3~ ORDINAECE appropriating $~012~1 from the General Fund to the Departmental Equipment and Improvements Account; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 19, Page ~67.} 38O Mr. Valdrop moved the adoption of the Ordinance. The motion was seconded Hr. Hlnton and adopted by the following vote: AYES: Hessrso Hlnton, Waldrop, ~oody, ¥ounE~ and the President, Hr. Webber- NAYS: None ................. O. GRADE CROSSINGS: Hr. Youn~ brought to the attention of Council and offered the following emergency ordinance as prepared by the City Atiorney~ authorizin~and directing condemnation proceedin~s in connection with acquirir~ certain real estate needed in the construction of the Jefferson Street Orade Crossin§ Elimination Vladuc being Official Tax Mo, 3013709, of record in the name of Mary M. Ford, et al: (#11~) AN ORDINANCE authorizing and directir~ that condennation proceeding be instituted to acquire, for and on behalf of the City of Roanoke, the fee simple title to certain real estate situated in the City of Roanoke,on the east side of Second Street, N. E., (being Official Tax Serial Lot No. 3013709) to be used as a right of ~ay for the Jefferson Street Grade Elimination ViaduCt and street purposes; ]and providing for an emergency. (For full text Of Ordinance, see Ordinmnce Book Mo. 19, Page Mr. Young moved the adoption of the Ordinance. The motion was seconded by !;Mr. Minton and adopted by the following vote: AYES: Messrs. Minton, ~Jaldrop, Woody, Young, and the President, Mr. Webber-5. NAYS: None ................. O. In this connection, Mr. Woody offered the following emergency Ordinance as !prepared by the City Attorney authorizing and directing condemnation proceedings in iconnection with acquiring certain real estate described as Official Tax Nos 301370% :iand 3013702, of record in the name of O. B. Martin, et al, and Otha Martin, et al: (#11905) AN ORDINANCE authorizing and directing that condemnation proceeding: ibe instituted to acquire, for and on behalf of the City of Roanoke, the fee simple title to certain real estate situated in the City of Hoanoke, on the present east 'Iside of Second Street,'N. E., (formerly Molliday Street) and on the present south i~slde of Wells Avenue, N. E., (fornerly Third Avenue) (being Official Tax Serial Lot l!Nos. 301370~ and 3013702), to be used as a right of way for the Jefferson Street Grade Elimination Viaduct and street purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book Mo. 19, Page ~69.) Mr. %'foody moved the adoption of the Ordinance. The motion was seconded by Minton and adopted by the following vote: AYES: Messrs. Minton, ~;aldrop, Uoody, Young, and the President, Mr. Uebber-5. MAYS: None .................. O. Uith further reference to the matter, Mr. You~ug offered the following ~mergency Ordinance, as prepared by the City Attorney, authorizing and directing !!condemnation proceedings to acquire certain real estate described as Official Tax No. +OlOlO1, of record in the name of Herman Trompeter, et al: (#11906) AN ORDINANCE authorizing and directing that condemnation proceedings :e instituted to acquire, for and on behalf of the City of Roanoke, the fee simple title to certain real estate situated in the City of Roanoke, on the southeast )f Jefferson Street and Norfolk Avenue, S. E., (being Official Tax Serial Lot No. to be used as a right of way for the Jefferson Street Grade Elimination and street purposes; and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. 19, Page ~70.) Mr, Young moved the adoption of the Ordinance. The motion vas seconded by Mr. Weldrop and adopted By the following vote: AYES: Messrs. Mintont Waldropt Woodyt Youngt and the President~ Mr. Webber- NA~S: None ................ O, Mr. Minton then offered the following emergency Ordinance, as prepared by th City Attorney~ authorizing and directing condemnation proceedings to acquire certain real estate described as Official Tax No. ~010601, of record in the name of Jack Brenner: (#11907) AN ORDINANCE authorizing and directing that condemnation proceeding be instituted to acquire~ for and on behalf of the City of Roanoke~ the fee simple title to certain real estate situated in the City of Roanoke~ on the present north- east corner of Campbell Avenue and Second Street, S. E.~ (being Official Tax Serial Lot No. Pt. ~010601) to be used as a right of way for the Jefferson Street Grade Elimination Viaduct and street purposes; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 19, Page ~?1.) Mr. Minton moved the adoption of the Ordinance. The motion was seconded by Mr. Woody and adopted by the follo'~ing vote: AYES: Messrs. Minton, ~'Ialdrop, Woody, Young, and the President, Mr. Webber-~ NAYS: None ............. O. With still further reference to the matter, Mr. Young offered the following emergency Ordinance authorizing acquisition of all the land embraced in Official Taxii No. ~010109 by the city from the B. F. Nininger Estate for the cash sum of $~0~000.0~: (#llgOS)AN ORDINANCE conditionally authorizing acquisition Of all the land embraced in Official Tax Serial ~. ~010109 by the City from tke B. F. Nininger Estate for $80,000.00 cash; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 19, Page ~72.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Er. l~aldrop and adopted by the follo.;lng vote: AYES: Messrs. Minton, Waldrop, Uoody, Young, and the President, Mr. Webber-~ NAYS: None ................... O. S~f~R CONSTRUCTION: Council having previously appointed a Hoard composed of the Director of Public Works, the City Engineer, the City Manager and the City Clerkil to make final assessments against abutting property o,.~ers for the construction of sanitary sewers in and along certain streets in the Washington Heights area, the Cit~ Clerk reported that a public hearing was held by the Hoard on June 2~t 1953~ and tha~ recommendation of the Board that the charges as fixed against the abutting? it is the properties at the time be docketed in the office of the Clerk of the Hustings Court.I Mr. Young moved that Council concur in the recozmendation and offered the following Resolution: (#11909) A RESOLUTION amending the estimated amounts of assessments against certain abutting lando,~mers for sanitary se~ers so as to change the estimated amount~ to show the amounts finally assessed against each lando'.mer~ respectively, pursuant to Resolution No. 11773, adopted on April 13, 19~3; approving the final assessments; providing for the docketing of the final assessments in the Clerk's Office of the Hustings Court of the City of Roanoke; and providing for an emergency. (For full text of Resolutlon~ see Ordinance Book No.19, Page ~73.) 381 Nro Yom~ ~oved the adoption of the Besolutiono The ~otion was seconded by Hr. Hlnton and adopted by the followir~ vote: AYES: Hessrs. Hlnton~ Waldrop~ ~oody~ Young, and the President~ Hr. Webber-~ NAYS: None ........... O. MOTIONS AND HISCELLANEOUS BUSINESS: TAX CODE: Hr. Waldrop raised the question as to what progress is being made on the License Tax Code by the Com=lttee appointed to study~ recodify~ simplify and bring up to date the License Tax Code of the City of Roanoke. Hr. Harry R. Yates~ a member of the Comm[ttee~ advised Hr. Waldrop that considerable work has been done~ that several meetings have been held and that the Committee hopes to present to Council a draft of the Code by October 1~ 1933. BOARD OF H~ALTH: Mr. Waldrop called attention to a letter of resignation from Hr. John Strickler to the Board of Health after he was nominated as United States District Attorney~ in connection with tho powers of the Board do~ through the years~ Mr. ~aldrop stating that all boards should have as much power as possibl~ and suggesting that the City Attorney look into the powers of the Board of Health. In a discussion of the matter, the Assistant to the City Attorney read to Council an opinion ~ich ~as prepared by the City Attorney some months ago for the Board of Health Chairman, in ~hich the po~ers of the Board were fully outlined. In a further discussion of the matter~ Mr. Waldrop stated that the opinion has answered his questions. Mr. Young pointed out that it has been the Board of Health and the Health Comnissioner that has put into effect the dog quarantines and not Council, stating t~at this ~as an example of the Board using its authority. ~ In this connection, the City Manager stated that the Meat Inspection Ordinan~e ilhas been drafted by the Board of Health and has been turned over to the City Attorne~ i who is now ~orking on it and it is hoped that the Ordinance can be presented to CounCil iduring the 19~4 budget study. being no further business, Council adjourned. II There APPROVED !iATTEST: ~ / ~~ Clerk ~ ~ £ ~ Clerk of Trinity Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, July 27, 19~3, having been furnished each member of Councll~ upon motion of Mr. Woody, seconded by Mr. Minton and unanimously adopted~ the readXr~ was dispensed with and the minutes approved as recorded. At this point~ the President, Mr. Webber, recognized and welcomed members of local Troop No. ? of the Boy Scouts of America who were present to observe the proceedings of Council. HEARING OF CITIZENS UPON PUBLIC MATTEMS. ZONING: Notice of a public hearing on the question of resorting from General Residence District to Business District property located on the south side of Melrose Avenue, N. W.~ west of Fairview Cemetery, described as Lots 1 and 2, Markley Map~ Official Nos. 2660~17 and 2660~18, having been published in The Roanoke World- News pursuant to Article XI, Section 43, of Chapter ~1 of the Code of the City of Roanoke, setting the time of the hearing at 2:00 o'clock, p. m., Monday, August 19~3, the matter was before Council. In this connection, Mr. John D. Crawford appeared before Council, for and o~ behalf of his father, Mr. E. S. Crawford, o'~ner of the property requested to be rezoned~ Mr. Crawford stating that it has been necessary for his aged father to go to Florida because of his health. In a discussion of the matter, Mr. Crawford pointed out that the only objection to the resorting of the above proper~comes from the City Planning CommissJ that the property owners tn the immediate vicinity do not object to the proposed rezoning and that he could have gotten a petition signed by the property owners in favor of the proposed rezoning had he attempted to do so~ Mr. Crawford stating that despite the fact the City Planning Commission has indicated its lack of knowledge of any proposed plans for the immediate development of the property in question for business uses his father has been promised by a large chain store that in the event the said property is rezoned for business purposes the organization will seriously consider the erection of a super market on his land, Mr. Crawford concluding that his father does not wish to conduct any objectionable type of business on his prope~ but that the land is his only source of income and he does feel he should be allowe~ to use the property for a super market. Everyone present havlng been given an opportunity to be heard on the matter Mr. Minton moved that Council concur in the recommendation of the City Planning Commission and that the request for resorting be denied. The motion was seconded by Mr. Woody and unanimously adopted. .'384 PETITIONS AND COH)~NICATIONS~ SEWA6E DISPOSAL~ Council at it~ last regular meeting on August 10t 19~3~ by Resolution No. 11897t havir~ rejected the counter proposal of the Town of Salem to the city:s offer relating to a proposed contract between the city and said town for the treatment of the latter:s sewage and wastes~ and havln~ renewed said cityls for=er offer to said townl the followir~ communication from the Mayor of the Town of Salem~ with reference to the matter~ was before the body~ "August 1~ 19~3 Council of the City of Roanoke Roanoke Virginia Gentlemen: I an instructed to further write you concerning the sewage disposal problem. Your resolution~ dated August lOthv has been receivedt by which you reject the draft of contract submitted to yout by ns~ on August 8th. It is regretted that you did not advise us in what respects our proposal is patently unfair. We again call to your attention the conference of the two Councilst in Salem on June 9th~ and reaffirm t~mt we conscientiously beliew that our proposal is in accord with the understandings reached in that netting. It must be added that there is no possibility that the draft of contran from your received by us on July l~tht can be accepted without material and extensive changes. Very truly yourst (Signed) Janes I. Moyer JA~S I. MOYER~ MAYOR TO%~ OF SALEH" In a discussion of the mmtter~ Er. Woody voiced the opinion that the iico=munication raises several points %rhich should be considered~ ~ut in view of the fact that Councilman Young who has taken a major part in the negotiations with Salem ills absent from the meetingt moved that the cor~unication be taken under consideratio ilThe notion was seconded by Mr. Waldropand unanimously adopted. LAh~L~RKS: A comL-unicatlon from W. H. Paynel AdJutant~ Captain George H. Camp! United Spanish War Veteransv asking that the bronze tablet made from metal recovered from the battleship Maine and representing Havana harbor in base relief~ located in a portion of the lobby of the Municipal Building which has been converted into a closed room~ ~e removed and placed on the ~all in the trophy room at the Roanoke Public Library~ ~as before Council. Mr. Waldrop moved that Council approve the removal of the tablet to the trophy room at the Roanoke Public Library by the City Manager. The motion ~as by Mr. Woody and unanimously adopted. MUSICIPAL GOVE~h~LES~: A communication from Mr. R. A. Clementt Secretary of the Roanoke Booster Club~ together with the following Resolution adopted by the club i durlng its recent outing at I~hite Sulphur Sprtngs~ endorsing certain proposed civic [proJectst ~as before Council: '5~LEREAS~ the Roanoke Booster Club feels that there are many things yet to be accomplished in our municipal planning and the proper development of our Clty$ and %,~EREAS~ the said Club is of the opinion that the following municipal problems should be given definite study and consideration: 1. Municipal Auditorium. 2. Municipal golf course--to be built on city owned property known as the poor house tract and on which the Veteran Mousing project former stood. tomato.mm -385 3o Continued development of the Roanoke River project through the city, dncluding the planting of trees on the ba~ks of the river. ~. Development and building of a new road on the back side of Mill Mountain, connecting with the proposed Federal Blue Ridge Parkway Drivem and development of a historical drama to be presented annual] %. Building of Municipal Swimming Pools. 6. Construction of pedestrian walk ways or bridges over Roanoke River Joining South Roanoke Park and Maher Field. 7. Beautification of the approaches of the major highways into the clty and proper steps to expedite tourist traffic through the city. 8. Support in every way possible Roanoke Fine Arts Center project. EOWm THE21EFORE, BE IT RESOLVE'O: That the Roanoke Booster Club favors the above program for the future development of Roanoke City and we pledge our wholehearted support in this program." Cn motion of Mr. Waldrop, seconded by Mr. Minton and unanimously adopted, the of lllst projects was referred to the City Manager for study and report to Council. I INVITATIONS~ A communication from ~tr. W. W. McCathern~ President of the Blu~ IHldge Game and Fish Association, inviting the members of Council to attend the annua~ Ipdcnic of the Blue Midge Game and Fish Association to be held at 6:O~ o'clock, p. ednesdey, August 26,19%3, in Flshburn Park, was before the body. Several members of Council indicating that they already have engagements foci .¢ednesday evening, the City Clerk was instructed to advise Mr. McCathern that as many members as can will attend the picnic. HOUSING: A co~unication from Mayor Roy L. Webber, advistp~ that he has reappointed fir. Mobert J. Meybln, Sr., as a Commissioner of the City of Moanoke Redevelopment and Housing Authority to succeed himself for a term of four years endl~ August 31, 19~?, was before Council. The comunicatton was filed. HOUSING: Council having previously referred the proposed Medevelopment Plan for the Commonwealth Redevelopment Project, as submitted by the City of Roanoke{i. {edevelopment and Housing Authority, to the City Planning Commission and the City Manager for study, report and recommendation, a communication from the City Planning ss mmt ion, together with a report containing the following findings, conclusions !and recommendations, was before the body: FINDINGS AND CONCLUSIONS The Conm~lssion is deeply conscious of the responsibility placed on it when City Council referred the proposed Commonwealth Redevelopment Project to it for investigation, report and recommendation. Careful study and consideration, therefore, has been given to it with no thought other than to evaluate the Project from the standpoint of what is best for all concerne, l. The purpose of the Project is to eliminate sub-standard housing and "blighted areas" and to redevelop the area in a manner consistent with the sound needs of the community, ~lth due regard for the vested rights of presel~t property o~ners with minimum injury to an.v. and with maximum opportunity fori~ the exercise of private enterprise. In this objective the Commission is in f~ll accord. The Commission is informed that the Federal funds required by the Project are available from appropriations already made by Congress underI the Housing Act of 19~9, as amended, with an appropriate part allGcated to Virginia, and that a portion of such funds are presently ear-marked for this, Project. The Commission has expressed some doubt that the objectives can be attained to the full extent and at the costs as submitted by the Authority. It has presented In this report both the favorable and unfavorable factors of the proposal as it has seen them. On balance the Commission finds the favorable factors outweigh the unfavorable ones. The Commission finds that the City is warranted in assuming the financial obligations called for in view of the benefits to be obtainedm and in view of the greater cost the City may be put to later to obtain even partially some of the community benefits which will accrue from this Project. 3'86 RECO)O4EI~DATiONS The City Plmmin~ Commissiont therefo~et reco.~ends to City Council that the pro~osedCo~onwealth Reaevelol~ent Project be in ~bst~ce approve ~e~ve ~ready indicated o~op~on t~t the se~detached area south of Gi~er ~venue ~d ~est of Second Street s~d be eli~nated fro~ the Project. ~e ~e ~so of the opl~on t~t .the fo~-block ~ea ~outh of 6i~er Avenue between ~econd ~ Forth Streets cmvell be elected. The Authority i~o~s us t~t these ell~t~tions ~11 reduce the City's tion by ove~ $~.~. ~i~ Is reflected in Stat~ent No. ~ attached. The ~lon recovers that the ~oJect be reduc~ by eli~ti~ the~e areas. T~s ~ill give a cushion of over $$0~.~ ~ch ~y be needed to offset additio~l costs appearl~ durl~ the prosress of the ~oJect. In this co~ection, the City Clerk ~rou~ht to the attention of Co,oil co~ication fr~Hr. C. ~ed ~us~ C~i~ of the City off ~o~oke Bedevelo~ent ~d ~ousin~ ~ut~r~ty~ containl~ the co~ents of the Aut~r[ty on the re~rt submitted by the City Plying Co~ssion, ~. H~gus advisl~ t~t in subst~ce the Authority is in 8ccord vith the re~rt~ but t~t it feels ~o~cil should the co~ents ~d additio~l facts set forth in the co~nication from the Authority at t~ tine the body c~siders the re~rt of the Co~ssion. With further reference to the ~tter~ the City Clerk brought to the of Council a co~icatton from ~. P. H. Trout~ obJectin~ to the use of federal funds for the proposed project. In a ffurther discussion of the ~tter~ Hr. ~oody suggested that a ~ublic hearin~ be held on the question at 8:~ o~clock, p. n.~ September 18~ Mr. Minton replied t~t in his opi~on there is no point in h~vi~ a ~ublic ~hearing until the actual cost of the pro~sed project Is av~l~ble~ Hr. Hinton expressin~ the thought that the ho~e ok~ers in the affected ~ea ~ith s~l incomes viii not be able to ~uy oth~ho~es ~ith ~hat they ~et for their present property and young that he ~lll never vote to move one of the f~lies out of their home~ P~. ~nton concluding t~t a referend~ should be held on the question. The Fresldent~ Mr. Webber~ re~nded Mr. Minton that the ftg~es have ~ready been sub~tted to Co~cll in regard to the cost of the pro~sed project, but ~. Minton replied that he does not ~derstand them ~d that he is s~e the citizens won't either~ therefore~ he feels the public should ~ow the cost of the project before ~ public hearing is held. It was explained that the public hearing is for the purpose of hearing from the citizens before deciding u~n the proposed project~ Mr. Minton replying that he will vote for a public hearing if the Redevelopment ~d Housi~ Authority ~11 get lnfo~tion as to the actual cost of the project so that the citizens c~ stud it ~d is given sufficient time tn ~'~ch to assemble the l~o~atlon; ~M. ~'foody moved that a public ~g on the p~sed Co~onwe~th Redevelopment Project be held at 8:~ o'clock, p. m.~ October 28~ 19~3, ~d that the City Pl~t~ co~ssion ~d the City of Ro~oke Red~velo~ent ~d Housl~ Authority be requested to be present for the put, se of ~swerlng ~y ~estions w~ch might ~lse 4t that time. The motion was seconded bye. Waldrop ~d u~imously adopted. At t~s potnt~ Mrs. C. S. Wllli~s~ ~o was present at the meeti~ ~ong members of the ~ecutive Co~ttee of the Co~onwe~th Citizens Association~ present. a co~nication~ as~ng t~t Co~cil m~e available to the voters of the City of Ro~oke the op~rt~ty to participate in a referend~ vote on the Co~onwealth Redevelopment Project. Mr. Minton moved that ~l of the c~cations presented at the present meeting be filed for f~ther consideration at the public he~t~. The motion was seconded by ~. Woody ~d ~mously adopted. DEPARTH~T OF PI~LIC ~LFARE= A co~unication from Hr, ~re~ J. ~ooret compl~n~ t~t ~t~ ~s~een done on ~s application for Old AZe ln~s~in~ t~t his son ~s ~ble to sup~rt ~m ~d contendi~ t~t he is for Old A~e Assist~cet ~as before On~tion of ~, ~oodyt seconded bye, ~aldrop ~d ~u~ly adoptedt co~cation ~as referred to the City ~er for study ~d re~rt to Co~cll, REPORTS OF O~C~S~ B~-CO~P~SATION BO~D= ~e C~ty H~er sub=ltted ~tten re~rt that the ~cal ~ver~ent Officialst Coherence .rill be held at the University of Vlr~a In Charlottesvillet V~rginiat Avaunt Il-SeptemBer 2, 1~t and the State Compensation ~d ~s 2~reed to allo~ actual nece~a~ expen~e~ not to exceed per ~er~on for attend~ce at the coherencet provided approv~ ~s secured fro~ the local 6overni~ Bodyt the City ~a~er advising t~t the City Treasurer ~d the of the Courts do not ~Lsh to send representatives to the coherence and the City Serpent already has f~ds avail~ble in his travel expense accost for this but that there are no f~ds available In the travel expense accost of the ~loner of the ~evenve or the Co~n~,e~thts Attorney for this pur~se ~d ~lnce ish to send representatives it is ~s reco~endation that sufficient funds be appropriated to allow two representatives from each of the t~o offices to attend the conference. ~r. Woo~7 mov~ that Co.ell concur In th. reeo~nda[ton of ~he C~7 ~ offore~ tho following em~rgene70rdlnaneo appropriating a ~otal ~o~ of (~11910) AN ~DINANCE to ~end ~d reordaln Section ~5, "Co~lssloner of the ~Revenue", ~d Section ~26, "Co~onwe~th's Attorney"~ of the 19~3 Budget ~dl~ce~ ~d providl~ for ~ emergency. (For full tekt of Ordin~ce, see ~din~ce Book No. 19, Page ~.) ' Mr. %foody moved the adoption of the Ordin~ce. The motion was seconded by Mr. Waldrop ~d adopted by the following vote: A'~S: Messrs. M~nton~ Waldrop~ Woody~ ~d the Prestdent~ ~. Webber ....... NAYS: None ....................... O. (Mr. Young absent). GRADE ~OSSINGS: Co~cll at its meeting on July 27~ 19~3~ by 0rdi~ce No. 11887, ~ving authorizing ~d directed that conde~tion proceedl~s be institut~ to acquire~ for ~d on be~lf of the City of Ro~oke~ the fee simple title to cert~ re~ estate situated In the City of Ho~oke~ 0n the south side of Norfolk Avenue~ S. E., (bel~ Offici~ T~ Serial ~t Nos. ~10102 ~d ~010~1), presently of record~ In the n~e of Mary Moore (now M~y M~re Foy), et ~, to be used as a right of way for ~he Jefferson Street Grade Eli~tion Viaduct ~d street purposes, the City Manger submitted ~ltten re~rt~ together with the fo!loving co~cation from the Chief ~g~neer of the Norfolk ~d Western Railway Comp~ concerning new offers from the property o'~ers~ the City M~ger reco~ending t~t the new offers be accepted: "August 18, 19~3 Mr. A~thur S. ~ens City ~nager~ City of Roanoke Roanoke, Virginia Dear Sir: Please refer to a conference held in your office Monday~ Augnst 17, L relative to the acquisition of properties required for the Jefferson Stree~ Overhead Bridge proJect~ ~nd with particular reference to properties to be acquired from J. M. McNelis mhd Annie M. McNelis. '387 :3'88 . The J, H, HcNelie property is located on Norfolk Ave, Just east of the Trompeter buildingt being Property No, qO10102. This vas appraised for $89625,O0 and the offer has been refused, Condemmtion proceedings have · been instituted, The o~ners now offer to sell for $109500,0Oo . . The Annie McNells property ie located on the southeast corner of First Street and Norfolk Aveot N, E.s being property No, b010~Olo It was appraise for $1~,~00.O~o The offer vas refused and condemnation proceedings have been instituted, The os~er nov offers to sell for The total appraised value of the two properties was $2]~125;0Oo' Both properties now have favorable leases. The owners agree to release the lease and convey title to the City for a total of $27sOOO.OOo If the City agrees the Norfolk and Western BailvayCoupanywlll approve the purchase of these two properties for $27~0OO.OO. Yours very truly~ (Signed) A. B. Stone Chief Engineer" Mr, Valdrop noved that Council concur in the recommendation of the City Y.~nager and that the matter be referred to the City Attorney for preparation of the proper Ordinance to be presented to the body at its meetlrg on September 8, 19~o The notion was seconded by Mr. ~oody and unanimously adopted. %lATER DEPARTHEh~f: The City Manager submitted written report~ together with the following commtm-tcation from the Acting Manager of the %tater Department tng water service to the property of Hr. J. W. °ult at 1~19 Eanes Road~ S. E.~ the City Manager recommending that the request of Mr. Sult that his meter be set on Ventnor Street be granted: "August 6, 1953 TO: Arthur S. ~ens FROM: G.H. Ruston SUBJECT:%~ater Service to Property of Mr. J. W. Sult~ located at 1~19 Eanes Road~ S. E. I am attaching herewith a sketch showing the location of Mr. Sult's house and lot along with the nearest water main that the ~ater Department has in this vicinity. Mr. Sult now obtains water from Mr. S. J. Jones through a 1/2" pipe that apparently comes across the private property of 3704 Ventnor Road~ S.E. Mr. Sult has been in and requested water service for his house and was informed by the %~ater Departnent that under its existing rules th~ only way that we could render water service would be for him to enter into a main extension agreement for a water main up Eanes Road to a point in front of his house. This will cost Mr. °ult approximately $32~.00 which he deems excessive especially since he installed a 1/2" line from his house to Ventno Road some time ago. Mr. Sult would like to have the meter installed on Ventnor Road and he would connect the existing 1/2" line to this meter and thus obtain his water in this manner. This is a direct violation of Rule 6~ a copy of which I am attaching~ and will take some councilmanic action before the %iater Department can comply with Mr. Sult~s request. (Signed) G H R" Mr. Minton moved that Counc~concur in the recommendation of the City and offered the following Resolution: (#11911) A RESOLUTION authorizing the l~ater Department to make a certain service connection on Ventnor Street~ S. E.~ under certain terms and conditions; and providing for an emergency. (For full text of Resolution~ see Ordinance Book No. 19~ Page ~9~.) Mr. Minton moved the adoption of the Resolution. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Messrs. Minton~ Waldrop~ %ioodyt and the President~ Mr. NAYS: None .............. O. (Mr. Young absent) STATE HI.JAYS WlTHIH ClTY LIHITS: The City Harmger submitted written report together with a communication from Mro J. B. Allman: Hocky Hount: ¥irginiat advisin~ that the Red Valley Community Improvement Association of Boones Hillt Virginia, has asked him to request the Council of the City of Roanoke to Join other political unit~ in asking the State ttlshway Conmiesion to name Route 116 leadin~ from Burnt Chimney~ to Har~lng Rock the Jubal A. Early High~ay. Council bein~ of the opinion that the highway should be so named, Hr. Woody offered the followin~ Resolution: (#11912) A RESOLUTION relating to the na~in~ of State Primary Highway No. 116. (For full text of Besolution, see Ordinance Book No. 19: Page ~95.) Hr. Joody moved the adoption of the Resolution. The notion was seconded by Hr. Waldrop and adopted by the following vote: AYES: Hessrs. Hlnton~ Waldrop, ~oody, and the President, Hr. Webber ..... -%. HAYS~ None ........... -O. (Hr. Young absent) BUDGET-HEALTH DEPART~fENT: The City Manager submitted the following report with reference to an additional appropriation to the supplies account in the Health Department Budget: '~oanoke~. Virginia August 2~ 1953 To The City Council Roanoke, Virginia Gentlemen: l. fhen you enacted the Dog Vaccination Ordinance, no funds were appro- priated for supplies~ because I suggested to you gentlemen that we use exist supply money before asking for an appropriation. The following letter from Dr. J. N. Dudley is explanatory; and recommend a like appropriation: 'August 13, 19~ Mr. Arthur S. City Manager, Roanoke, Virginia. Dear ~M. You will recall our verbal agreement at the tine when we requested additional funds for the emergency Dog Vaccination Clinics in April: set up to neet the requirements of the ne~ ordinance passed March 16. 1953. You advised us at that tine to keep account of expenditures, which amounted to $1,8~5.67, and to submit that figure for reimbursement of our Supply Account when the account became depleted. Fees collected at the clinics and turned in to the General Fund of the City amounted to $2,999.99. Now that our Supply account is depleted, we will appreciate an allot- ment covering the expenses incurred as a result Of these clinics. Yours very truly, (Signed) J. N. Dudley J. N. Dudley, M. D. Commissioner of Health' Respectfully submitted, (Signed) Arthur S. e~ens City Manager" Council being of the opinion that $1~800.OO should be appropriated to the supplies account, Mr. Minton offered the following emergency Ordinance: (~11913) AN ORDINANCE to amend and reordain Sectiong~+O, '~ealth Department ef the 1953 Budget Ordinance, and providing for am emergency. (For full text of Ordinance: see Ordinance Book No. 19, Page ~96.) 389 Hr, Hlnton ~oved the adoption of the Ordinance. The ~otion was seconded by Hr. Woody and adopted by the following vote~ AYES~ Messrs. Mlnton~ Waldropt Woody~ and the Presidentt Hr. Webber ...... -~. NAYS~ None ................ O. (Mr. Young absent) ACAD~4YOFHUSIC: Council at its last rngularmeeting on August l0t 19~3~ having deferred action on the request of the Magic City Motor Corporation that the city consider renting the Academy of ~usic lot to the company for parking purposest until a more complete study of the city's needs for the lot is madet the City Manager submitted written report, together with a co:=nmication from the Magic City Motor Corporation, offering to lease the property for one year at a rental of $100.0 per month with a thirty-day cancellation clause wrltten by either partyt the City Manager stating that the city will not need the property for municipal purposes in the immediate futuret therefore, it is his recommendation that the offer of the Magic City Motor Corporation be accepted with the explicit provision that there be a thirty-day recapture clause in the lease and that the property be rented as is. After a discussion of the questiont Council being of the opinion that the city should call for bids on the rental of the propertyt Hr. ~linton moved that thc ~atter be referred back to the City l!anager to advertise for bids on the rental of the Academy of I~sic lot as is on a month to month basis. The motion was seconded by Mr. %~ody and unanimously adopted. AIRPORT-ZONING: The City Manager submitted ~ritten report, together with the following communication from the Manager of the Airport concerning property zoning laws to control the gro-;th and development of land adjacent to the Roanoke Municipal Airport: "August lOt 19~3 Mr. Arthur S. ~;enst City Manager Municipal Building Hoanoke~ Virginia Dear }~. ~;ens: For sozetime now the City Engineer and I have been anxiously concerned with the uncontrolled growth and development of the land immediately adjacent to the Municipal Airport. This condition has not been critical until this year at which time d%'ellings are being constructed in the approach areas to the various rum~ys thus beginning a type of permanent obstruction ~hichnay seriously effect the present usefulness and future of the airport. In vieu of this critical condition which should be controlled by proper zoning laws which %'ould have to be passed on Jointly by the City and County. I hereby request that you and myself be allo~ed to appear before the City Planning Commission and present this issue in a~ear and concise manner and give the members of the Commission an opportunity to question the various features of this issue. For the past eight years the aviation industry in the State of Virginia has worked diligently to obtain State assistance on this very vital matter of transportation but to date no effective legislation has been enacted. Please advise. Very truly yours, (Signed) H. L. Harris M. L. Harris~ Manager Roanoke Hunicipal Airport Roanoke, Virginia" On notion of Mr. ~'Ioodyt seconded by Mr. I.l~ldrop and unanimously adopted, the communication was referred to the City Planning Commission for study, report and recommendation to Council. AL~ISHOUSE: The City Manager submitted ~ritten report from the Almshouse for the month of July, 19~3, sho';ing a total expense of $1,90%.36, as compared with total expense of $2t~/+%.01 for the month of July, 19~2. The report was filed. DEPARTMENT OF PtBLIC WELFAREI The City Hanager submitted written report from the Department of Public Welfare for the month of July, 19~3, showing 1~10 cases handled at a total cost of ~68~6~1o62~ as compared with 1~8 cases handled at a total cost of $60~681.68 for the month of July, 19~2o The report was filed° AIRPORTs The City ~fanager submitted written report from the Roanoke Hunlci Airport for the month of July The report was filed. DEPARTMEh~ OF PI/BLIC WELFAREI The City Manager submitted ~ritten reports covering the expenditures and activities of the Department of Public Welfare during the month of June~ 19~3t in compliance vith Sections 63-67.1 and 63-67.2~ Code of Virginia. The reports ~ere filed. BUDGET-DEP~_RT~52~ OF PUBLIC ~'fELFARE: The City Manager submitted ~ritten report, together vith the folloulng communication from the Director of the Departme2~ of Public lfelfare concerning biennial budget estimates of the Department of Public lfelfare for the fiscal years ending June 30, 19~%~ and June 30, 19~6: "August 21, 19~3 Mr. Arthur S. ~.'ens, City Manager Municipal Building Roanoke, Virginia Dear Mr. ~wens: Attached hereto is the biemnial budget estimate for 19%q-~6. Also attached is a quotation from Section 63-69.1~ Code of ¥trginia. I would like to make it very clear to you mhd to members of Co,mucil that this estimate in no way binds the City or the State to appro~rtate__either no~ or at any future date, any of the estimates given her~ln. The full intent of the law is to furnish the Governor and the Vlrgir~a Advisory Council and later the Legislature a guide by ~hich they can appraise the welfare needs of the entire State. You will recall that Ye made such an estimate t~o years ago prior to the regular meetir~ of the Legislature of 19%2.. You will note that for the blenniu~ a few increases are included in the estimate. For example, in Old Age Assistance we are requesttn~ an increase of $8~08 in order to maintain the present precentage of need being ~ct. If ~*e did not anticipate this much~ we would have to decrease Old Age Assistance by at least 10 per cent. In this connection, I ~ould like to call attention to the fact that the City's percentage in Old Age Assistance is less than 9 per cent. Our request in Aid to Dependent Children's category is based on an increase of t~enty-five cases during this period of time and is intended to maintain only 8% per cent of needs. This would require an overall addition of $27,20~ the first year and $21,2~2 for the second year. The City's share in this category is also approximately 9 per cent. Under Aid to the Permanently and Totally Disabled, we are re uestin an increase of $?,~96 for the first year and $2,616 ~or the second yea~. You will recall that this is the only Federally-matched category from which we transfer General Relief cases~ as well as accept new cases, where they meet the requirements of the law. Under a ruling of the State Board of Public Welfare~ we are required to meet 100 per cent of need within the $~g Federal maximum. In Aid to the Blind, only a nominal increase is anticipated of $288 in order to ~aintain our present percentage. In Foster Care I ~ould like to call to your attention that we have had fifty-three children committed to us through the first eight ~onths of this year. As the Virginia la~ now reads~ ~e have no alternative but to accept custody of children when requested by the Juvenile Court. In order to meet this increased number of children committed to our care, a $%~0OO increase is requested. In General Relief, ~e are asldng for an increase of $3~8~2. It ~lll be recalled that this is now a fairly small categoryt but it does fluctuate rather sharply at times, particularly during the %~nter months when there is considerable sickness. It will be recalled that the amount for General Relief has been drastically reduced in the last few years as the Aid to the Permanently and Totally Disabled ~as increased and that the City saved considerable sums due to the fact that they only put up 9 per cent in Add to the Permanently and Totally Disabled, as against 37~ per cent in General Relief. Even with this estimated increase, we can only give this group 70 per cent of their estimated need. 392 I ~d li~ .an_oppo~unity Hond~y, t~e 2qth of August. to answer any. ques~lons ~nat uounelA may care to asE. These estimates should have Deem sent in earlier but it was impossible for me to §et them together any sooner. ! hope Council will act on them promptly since they in no way.. obligate future expenditures of the City but are intended merely as gulaee in arranging the State budget. Respectik~lly yours, (Signed) J. H, Fallwell Director of Public Welfare" In this connection, Hr. ~ohn II. Fallvell, Director of Public Welfare, appeared before Council for a discussion of the matter. Hr. Woody moved that consideration of the matter be deferred until the meeting of Council on September 8~ 19~. The motion vas seconded by Hr. llmldrop and unanimously adopted. I~ SALE OF PROPERTY: The City Hanager submitted ~ritten report~ together with ia comnur~catio~ from 'lis. ~. A. Ingran, President of Ingra~ Building and Supply !Company~ Incorporated, offering to purchase from the city a strip of land on the i! northeast corner of Brambleton Avenue and Boss Lane, So Wo, for ~100.00! the City iiManager recommending that the matter be referred to the city's real estate conmitte~ ilfor proper recommen~ationo Mr. %faldrop moved that the offer be taken under advisement. The motion '~as seconded by Mr. Minton and unanimously adopted. FIRE DEPARTI~ENT-POLICE DEPARTMEnt: The City Manager submitted written report . on the retirement of Mr. Victor R. Metz~ a member of the Fire Department, effective ilAugust 19, 19~3~ and the resignation of Mr. Vernon E. Sower, a member of the Police i. Department~ effective August 31, 1953. The report was filed. APPOI~rI~i}2~S-HEALTH DEP~T~I~: The City Manager submitted ~ritten report il that he is appointing Dr. Charles M. Irvln as Acting Commissioner of Health~ lieffective August 31~ 195~ pending the appointment of a permanent Commissioner of [!Health at a later date~ and that in the lnterim~ Dr. E. G. Gill ~rlll observe and !icheck on the operations of the ttealth Center. The report ~as filed. STATE CORPORATION C(~.~IISSION: The City Auditor submitted a comparative ~lst te t of Public Service Corporations levied on assessed values il a men on property made by the State Corporation Commission for the years 1952 and 1953. The report was filed. REPORTS OF COMMITTEES: SALE OF PROPERTY: The city's real estate committee submitted the following report~ ~ith reference to 8/1 offer from the City Developing Corporation to purchase from the city land located on the east side of Fifth Street, N. W., south Avenue, described as the southern one-half of Lot 22, Block 1, Alleghany Addition, Official No. 2031701, at a price of $150.OO~ ~rlth the nnderstanding that the tion will install curb and gutter on the Fifth Street side at a price of $1.12 per "Roanoke,. Virginia August 2~, 19~3. To The City Council Roanoke~ Virginia Gentlemen: - We are in receipt of the attached letter from the City Developing Corporation~ expressing their willingness to buy a certain piece of property, o~med by the City, at Fifth Street and Hanover Avenue. Hespectfully submittedt (Signed) Arthur S. ~ens (Signed) Harry H. Yates Nfo Uoody ~oved that Council concur in the recommendation of the committee and that the matter be referred to the City Attorney to prepare the proper Ordinance for presentation at the Council ~eeting on September 8t 19~3. The ~otion was seconded by Hr. Waidrop and unanimously adopted° UFFINISHEDBUSINESS: TRAFFIC: Council havir~ previously deferred action on setting a date for a special meeting to consider a request for a turn to the west into ~lem Avenue from Jefferson Street durlr~ the construction of the Jefferson Street Viaduct for the benefit of the parkin~ garage to be erected at Salem Avenue and First Streett S, ~'/°t~i the matter was again before the body. ].~r. %~aldrop moved that the matter be taken under consideration. The motion was seconded by l~r. Ybody and unanimously adopted, BOARD OF ZONING APPEALS: Council having previously deferred action on the election of =omeone to fill the vacancy on the Board of Zoning Appeals created by the resignation of }M. J. P. Cruickshank~ the matter ~as again before the body; where- upon~ thc ?resldentt Mr. %~ebber~ called for nouinations to fill the vacancy. l~r. Woody placed in no~/nation thc na=e of Louis P. Smltheytund there bein~ no further noulnations~ Mr. Smlthey ~as elected as a member of the Board of Zoning Appeals to fill the unexpired term of Mr. J. P. Cruickshank ending December 31~ 19~3t by the following vote: AYES: }!essrs. ~nton~ Waldrop~ %foodyt and the Presfdent~ NAYS: None ................. O. (}M. Your~ absent) The City Clerk ~as instructed to forward Mr. Snithey certificate of his election. CONSIDE~ATION OF CLAIMS: None. INTBODUCTION AND CONSIDERATION OF ONDINANCES AND RESOLUTIONS= ZONING: Ordinance No. 11890~ rezoning certain lots in the area from Penrod Avenue to Morgan Avenuet S. E.t between Morningside Street and the Virginian ~allway~ from General ~esidence District to Light Industrial Districtt having previously been before Council for its first readingt read and laid over: was again before the body~ Er. lialdrop offering the following for Its second reading and f!na~] adoption: (#11890) ~J~ DSDINANCE to a~end and ree~mct Articl'e I: Section it of Chapter ~1 of the Code of the City of Noanoke: Vtrginia~ in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. 19t Page %90.) }M. %taldrop moved the adoption of the Ordinance. The =orion was seconded Mr. Minton and adopted by the following vote: AYES: Messrs. Minton~ %faldropt %foodyt and the President~ NAYS: ~tone .............. O. (~M. Young absent) LIBBASY: Ordinance No. 11900~ authorizing and directing the ~oanoke Public Library Board to assign and/or deliver unto the Eoanoke Public Library Foundation all existing securities s-nd funds held by said Board under bequests and gifts heretofore made for the benefit of the Hoanoke public library system~ to be 393 LdmAnistered by said Foundation in strlct accordance vith the express wishes of the individual donorst havlng previously been before Council for its first readingt read and laid overt vas again before the bodytlkr, Minton offering the following its second reading and final adoption: (#11~00) AN ORDINANCE authorizing and directing the Roanoke Public Library Board to assign and/or deliver unto the Roanoke Public Library Foundation all existing securities and funds held by said Board under bequests and gifts made for the benefit of the Roanoke public library syste~t to be administered by said Foundation in strict accordance with the express wishes of the individual donox (For full text of Ordinancet see Ordinance Book No. 1Pt Page Mr. Minton moved the adoption of the Ordinance. The motion was seconded by Mr. Woody and adopted by the follo~ng vote: AYES: Messrs. Mintont ~taldropt Woodyt and the President~ Mr. Webber ....... NAYS: None .............. O. (Mr. Youn~ absent) In tkts counection~ Ordinance No. 11901~ repealing Section 10 of Chapter 39 of the Code of the City o£ Bounoke~ relating to the ~o~er of the Roanoke Public Library Board to receive property~ having previously been before Council for its first reading~ read and laid over: ~as again before the body~ Fr. Wuldrop offering the follo'.'ing for its second reading and final adoption: (#11901) AN ORDINANCE repealing Section 10 of Chapter 39 of the Code of the City of Roanoke. (For full text of Ordinance, see Ordinance Book No. 19, Page ~94.) Mr. :4aldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Minton and adopted by the following vote: AYES: Messrs. Mlnton~ ~,faldropt Woody~ and the President~ Mr. Webber ...... ~+. NAYS: None ............ O. (Mr. Young absent) FIRE PROTECTION: Council having previously deferred action on the adoption of a proposed F1 ~ammable Liquids Ordinance~ the matter x. Jas again before Council. In a discussion of the proposed Ordinance~ the City Manager advised Cpuncil that he has been able to come to an agreement with representatives of oil companies and service stations as to changes in the draft with one major exception~ therefore he feels a public hearing should be held on the Ordinance. Mr. Waldrop moved that a public hearing on the proposed Ordinance be held 2:00 o'clock~ p. m.~ September 21~ 19~3. The motion was seconded by Mr. Minton and unanimously adopted. RESOLUTION OF RESPECT: Mr. Waldrop offered the follo'~ing Resolution in memorail to the late %~llliam J. McCorkindalet Jr.: (#1191~) A RESOLUTION in nemorial to the late William J. McCorklndale ~ Jr. (For full text of Resolution~ see Ordinance Book No. 19~ Page ~96.) Mr. %taldrop moved the adoption of the Resolution. The motion was seconded b,~ Mr. Minton and adopted by the follo~ing vote: AYES: Messrs. Minton~ Waldrop~ Woodyt and the President~ Mr. Webber ....... ~.~ NAYS: Hone .............. O. (Y~. Young absent) · WATER DEPARTME~f: Council having previously concurred in a counter-proposal recommended by the committee which studied the proposal of the Law Firm of Strlckler Plunkett and Stricklert Attorneys~ representing Messrs. G. Lester Hash and L. T. Richardson~ Executors of the Estate of Paul G. Hash~ 'deceasedt by which the City of Roanoke Water Department would take over the present water system and customers in the North Hills Subdivision of Roanoke County~ and the counter-proposal having been referred to the City Attorney for proper proceduret he presented draft Of a 395 Hesolution~ providing for the inclusion of the water system in the city's public water distribution system. In this connections Mr. T. L. Plunkett, Jr.s Attorneys having verbally assured Council at its last regular meeting that his clients would accept the counter-proposal~ the City Clerk brought to the attention Of the body the folloving communication from Mr. Plunkett~ confirming his verbal statement: "August ~o, 19~3 To City Council of the City of Roanoke Municipal Building Hoanoke~ Virginia Gentlemen: At your nesting on August loths you approved the report of the Water Co,nitres recommending a counterproposal in connection with a water system in North Hills in Roanoke County~ Virginia. The counterproposal is contained in the next to the last paragraph o£ the Committee's report of July ~s 19~3o As Attorneys for the Executors of the Hash Estates we wish to accept the counterproposal and rill proceed to install the required eight-lnchnain connecting the North Hill's rater system vith the City~ain in Eoute The installation will be made according to the specifications of the City llater Department, and the Water Department ~lll be asked to inspect the installation as it progresses. When the installation has been completed~ ~e ~tll convey the entire system to the City off Roanoke according to the proposal~ and at. that time enter into the usual contract ~lth the lfater Department of the City of Roanoke. Of cotws~ we understand that action of Council will be necessary before the City accepts the conveyance. Very truly yours~ ST~ICKLER~ PLUI~ETT & STRICKLI~ BY (Signed) T... L. Plunketts Jr. Attorney" After the reading of the co~tmication~ ~r. Uoody offered the follosir~ Resolution as prepared by the office of the City Attorney: (#1191~) A NESOLUTION relating to the proposed extension of a public rater supply system into the area kno~m as North Hills Estate~ in Roanoke County; and providing for an emergency. (For full text of Resolution~ see Ordinance Book No. 19, Page Mr. '~foodymoved the adoption of the Resolution. The motion was seconded by Mr. Waldrop and adopted by the following vote:- AYES: Messrs. Mtnton~ Waldrop~ Woody~ and the President~ Mr. ';febber .... ~+. NAYS: }~ne ................ O. (Mr. Young absent) MOTIONS ANDMISCELLA~EOUS BUSINESS: TRAFFIC: Mr. Waldrop brought to the attention of Council and the City Manager a communication from Billy Mull!ns~ an employee of the American Bridge Division-United States Steel Corporatlon~ complmining that the exits from the corporation's parking lot on the south side of Orange Avenue~ N. E.~ west of Ninth Street~ are blocked by traffic around five o~clock~ each afternoon Mondays through Fridays and that a dmngerous situation is created when the automobiles leaving the parking lot cross the center lane of Orange Avenue to turn west~ Kr. Mulltns asking that something be done to correct the situation. On motion of Mr ~{aldrop~ ~econded by Mr Woody and unanimously adonted th~ communication was referred to the City Manager for disposition. HOHSENE~BERS: Mr. Sfaldrop brought to the attention of the City Manager a complaint he has received as to the inconsistency of b~use numbers in the vicinity 291~ C~rolina Avenue~ S. W. The City Manager advised that he would look into the matter. There being no further busine~ Council adjourned. APPROVED ATTESTs (_~ 397 COUNCIL~ SPECIAL MEETINO~ Monday, August 31, 19~3. me Council of the City of Roanoke met in special meeting in the Circuit' Court Room in the Municipal Building, Monday~ August 31, 19~3~ at 2:00 o'clock~ p. for the purpose of receiving~ opening and taking action on bids for a new gas franchise pursuant to Section 1~-730 of the Code of Virginia of 19~O, as amended tc date~ with the President, Mr. Webber~ presiding. PRESENT: Messrs. Minton, ~aldrop~ Woody, and the President, Mr. Webber---~. ABSENT: Hr. Young ................... 1. OFFICERS PRESENT: Hr. Arthur S. ~ens~ City Manager, Mr. Randolph G. Whittle City Attorney, and Mr. Harry R. Yates~ City Auditor. The meeting was opened with a prayer by Mr. Arthur S. Owens. GAS FRANCHISE: The President, Hr. l{ebber~ stated that the special meeting o Council has been called for the purpose of receiving, opening and taking action on bids for a new gas franchise in accordance with advertisement appearing in the Roanoke World-News~ authorized by Ordinance No. 11880~ and asked if there were any questions anyone would like to ask in connection with the Ordinance providing for the franchise. At this point~ Mr. John C. Parrott, President of Roanoke Gas Company, appeared before Council and submitted a bid from the Roanoke Gas Company. There being no other bids submitted, the President, Mr. Webber, requested th~ Clerk to proceed with the opening of the one bid received. The bid having been opened and publicly read before Council, Mr. Woody movedl! that the bid of Roanoke Gas Company be accepted. The motion was seconded by Mr. Minton and adopted by the following vote: AYES: Messrs. Minton, Waldrop, Woody, and the President, Mr. Webber ....... NAYS: None .............. O. (Mr. Young absent) At th~s point, the City Attorney advised Council that he has approved an Ordinance accepting the bid of Roanoke Gas Compamy; whereupon, Mr. Woody offered the following as an emergency measure: (#11916) AN ORDINANCE accepting the bid of Roanoke Sas Company for a franchise to construct, maintain~ operate and keep in repair gas works and distribution system in the City of Roanoke~ Virginia, including gas lines and all other additional appliances and appurtenances necessary and incidental to the usual operation and maintenance of a gas works and distribution system, in, under~ upon, along, over and a~ross the public highways, roads, streets, alleys, parks, bridges and rights-of-wa in the City of Roanoke, Virginia, and vesting said franchise in said Roanoke Oas I Company. For full te t ( x of Ordinance, see Ordinance Book No. 19, Page ~99.) Mr. Woody moved the adoption of the Ordinance. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Messrs. Minton~ Jaldrop, ~ody, and the Presldent~ Mr. Webber ........ NAYS: None ................ O. (Mr. Young absent) There being no further business, Council adjourned. APPROVED ATTEST: ~_~ 398 COUNCIL, REGULAR MEETING, Monday, September ?, 19P3. Monday, September 7, 19~3, being a legal holiday, the regular meetlng of Council of the City of Roanoke was adjourned untA1 2:00 o'clock, p. m., Tuesday, September 8, 19~3. APPROVED '"' 'Clerk ! t 399 C0UNCIL~ ADJOUi~tED REGUIJ~ HEETING, Tuesday~ September 8, 19~3. The Council of the City of Roanoke met in an adjourned regular meetir~ in Circuit Court ~oom in the Municipal Building, Tuesday, September 8t 19~3,: at a:OO o~clockt p. n.~ with the President~ Hr. Webber~ presiding. FRESEh~: Council members Hanes~ Mlntont Plckett~ Waldrop~ Woody, Young, and the President~ Mr. Webber ................. 7, ABSEA~: None ....................... O. OFFICERS PRESENT: Mr. Arthur S. Owens~ City Managert Mr. Randolph G. Whittle City Attorney, and Mr. Harry R. Yates, City Auditor. The meeting was opened with a prayer by Hr. Hosklns M. Sclater. ]i At this pointt the President~ Mr. Webber~ extended a most cordial welcome toqil the t~o new members of Council, ~s. Mary C. Pickett and Mr. Leigh B. tlanes, Jr. Ii MINUTES: Copy of the minutes of the regular meeting held on Monday, August 10!I~' 19~3, having been furnished each member of Council, upon motion of Mr. Waldrop, seconded by Hr. Minton and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC }~TTF~RS: ACAD~[Y OF MUSIC: Pursuant to advertisement for bids for the rental of city property kuo%~ as the former Academy of liusic building site on a month to month basl~, said bids to be received by the Purchasing Agent until 2:00 o'clock, p. m., Tuesday. i September 8, 19~3, and to be opened before the Council of the City of Roanoke at that hour, the President, Mr. 'Jebbe~, asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the prlvlleg~ of~b}ddlng or if there were any questions anyone would like to ask, and no one present raising any questlon~ the President instructed the Clerk to proceed with the opening of the two bids received. The bids having been opened and publicly read before Council, it was brought out that the bid of Magic City Motor Corporation does not conform to specifications in that it is on the basis of one year with a sixty day cancellation clause instead of on a month to month basis. In connection with the bid submitted by Mr. Charles S. McNulty, Jr., on the basis of $8~.01, Mr. McNulty appeared before Council and stated that he has estimated it will cost him approximately $~00.00 to grade and surface the lot and asked if the!l lot is to be graded and filled in before it is rented~ the City Manager advising tha~[ Mr. Winecoff's contract calls for the grading and leveling of the lot. After a discussion of the matter, Mr. Waldrop moved that the two bids be rejected since there is some misunderstanding in the submission of the proposals andl that the city readvertise for new bids and offered the following Resolution: (#11917) A RESOLUTION rejecting all bids received for the rental of city property known as the former Academy of Music building site; directing the Purchasin Agent to readvertise for new bids; and providing for an emergency. (For full text of Resolution, see Ordinance Bock No. 20, Page 1.) Mr. Waldrop moved the a~option of the Resolution. The motion was seconded by Mr. Woody and adopted by the following vote: AYEs: Council members Hanes, Mintont Pickett~ Waldrop~ Woody~ Young~ and the Presidentt Mr. ~'ebber ........... ?. NAYS: None .................. O. .'400 STREETS AJ[DALLL~S: Hr. Jack D. Coulter, Attorney with the Law Flr~ of & Pence, appeared before Council and presented the following petition requesting that a portion of an alley located ~ithin the block bounded by Hanover Avenue, Twenty-fifth Street, Helrose Avenue and Lafayette Boulevard, N. Wo, be vacated, discontinued and closed: "VIROIRIA: IN THE COUNCIL F~ THE CITY OF ROANOF~ WALTER N. ALLEN A~D Ah~E ALLF~ ) WII~ CONSE~T OF ALL PROPERTY ) PETITION TO VACAT~ ALLEY 0'~'ER S AFFECTED ) TO THE HONORABLE ~BERS OF COUNCIL: Your petitioners, Walter H. Allen and Anne Allen, respectfully unto Council the 1. That they are the o~ners of Lots l, 2, ]. ~, ~, 9 and 10, Division Eo. 1 of the Oreenhill Addition, in the northwest section of the City of Roanoke located ~lthin the block bounded by Hanover Avenue, 2~th Street, ~elrose Avenue and Lafayette Boulevard. ~. That upon the follo~ln~ ~ps of said area, there is designated certain lO-foot ~lde alley betveen Hanover Avenue and 2~th Street, running parallel ~lth Eelroee Avenue: (a) Plat of survey of Division No. l, Greenhlll Addition, dated Novenber 19, 1~12, prepared by Smith, Bradford & Gilbert, Engineers, recorde in the Clerk's Office of the t!ustings Court for the City of Roanoke in Deed Book ~1, Page (b) Plat of survey of e×istin~ conditions, Melrose Avenue, N. dated June 9, 19]~. and recorded in the aforesaid Clerk's Office in Deed Book 6~, Page 2~ (Plat No. 22~6 on file in the Office of the City Engin~er) (c) Plat sho~lng survey made for ~r. and Hrs. Walter H. Allen of Lots 1 to ~, inclusive and Lots 9 mud 10 of Greenhlll Addition, dated June 2~, l~. prepared by Co B. ~alcoln& Son, and recorded in the aforesaid Clerkts Office in Deed Book 906, Page 3. That your petitioners desire to vacate a portion of said alley described as follows: BEGIN~ING at an old iron pipe sho~m as Point i on the plat eho~in~ survey nmde for Er. and l~rs. Walter H. Allen of Lots 1 to ~, inclusive, and Lots ~ and lO, of the Greent~ll Addition, by C. B. Malcolm& Son, $.C.E., dated June 2~, 19~, revised August 28, t~, and attached to the Vacation Agreement dated August Il, ~'hieh ~e§Inn~ng point is N. 81° 2~~ ~. 19~.~ feot fro~ the point of intersection of the vesterly side 2~th Street, N. ~o. ~lth the southerly side of Hanover Avenue, N. ~.; thence R. 81° ~9~ ~. 16.] feet to Point ~, a steel pin; thence S. ~o ~ E. 166.81 feet to Point ~, a steel pin; thence N. ~6° 2~~ E. 10.O feet to Point thence N. ~o ~?~ W. 1~9.08 feet to Point l, the place of and being sho~n on the aforesaid plat as ~Alley Abandoned~. ~. That the said portion of said alley has not been opened, graded, improved, or used as such and exists on paper or~y. ~. Tb~t the vacation, discontinuance and closing of eaid portion of said alley does not abridge or destroy any of the rights or privileges of other propert~o'.mers, including lien creditors, ~lthln the bounds of said alley. 6. That in conformity with the proviolons of Sections 1~-766.1 and 1~-766;2 of the Code of Virginia of 19~O as a~ended (a copy of said sections being attached), an agreenent in ~ritlng of all the o~ners abutting said portion of said alley ~s been executed, thereby vaeatin~ said portion of said alley, subject to the approval of City Council. ?. That no lneonvenfence to the public ~'ould result from vacating, discontinuln~ and closin~ said portion of said alley and ttmt the request ha been considered and approved by the City Plann~n~ Com~ssion as set forth its letter dated Septenber l, 19~]~ to City Council. Your petitioners, therefare, respectfully pray the Council of the City Roanoke to approve the agreement between all abutting property o~ners dated August ~l, l~3, and enact an appropriate ordinance vacating, discontinuing ~nd closing the ~foreeaid portion of said alley. Respectfully submitted, ~'~ALTER ~. A~ A~-NE ALL~ By Counsel (Signed) Dodson & Pence Dodson & Pence ~12 State & City Bldg. Roanoke, VirglnAa" In this connections the City Clerk brought to the attention of Council the followir~ commun~cation from the City Plammlr~ Com~lssion: "September Is 1953. The Honorable R. L. Webber, Mayort and Members of City Council, Roanoket ¥1rginia. Gentlemen: The City Planni~ Commission has been informed by Jack B. Coulter. Dodson & Pence~ Attorneys, representing Hr. and Hrs. Walter H. Allen they are desirous of having officially vacated, clo~ed and els ontin~ portion of an unopened alley which is lndicate~ in red' on the attached pl~, and that an agreement will be submitted to City Council as required by the Code of Virginia. Said alley is located north of Melrose Avenue~ and runs east and west between Hanover Avenue and 25th Street, N. W It will be noted from said plat that F~r. and Mrs. Allen are the owners of Lots 1, 2, 3, ~ 5, 9 and 10, Greenhlll Addition, which lots are zoned asti a Business District. It is understood that they are now excavating their p~operty in connection ~th a building program, and desire to grade the whole area uniformly, including the property no~ embraced in that portion said alley which is adjacent to their several lots. __ The elevation of the lots in question is such that said portion of the aA~y_referred to has never been opened. It is understood that it is not neeaea to serve other property owners in the block, and that there are no public utilities located within that portion of said alley. In view of these facts, the Commission is of the opinion that the vacation and closing of that portion of said unopened alley will not destroy any of the privllege~ or rights of other property o'~ners~ or be contrary to the public interest. The City Planning Comnmission recommends to City Council that thc ~ester~y portion of said unopened alley~ extending from the east side llne of Lot 5 to Hanover Avenue, a distance of approximately 166.81 feet, be vacated, closed and discontinued in accordance with the requirements of the Code of Vlrglniaii It is suggested that this question be referred to the City Attorney for!! such legal procedures as may be necessary. Respectfully submitted, (Signed) George Dunglinson, Jr. Chairman." In a discussion of the request, the President, Mr. Webber, advised that even~i ~hough a signed agreement of all ~butting property o~ers has been obtained, it is th~ policy of Council to hold a public hearing on such requests; whereupon, Mr. Young that a public hearing be held at 2:15 o'clock, p. m., Monday, September 21, 19~. The motion ~as seconded by I.~r. ~aldrop and unanimously adopted. PETITIONS AhU) CO~.[UNICATIONS: STREET LIC~HTS: A communication from the Appalachian Electric Power Company, that two 2500 lumen street lights have been installed and two 2500 lumen street lights have been removed during the month of August, 195~, was before Council.!i The communication was filed. CITY JAIL: A communication from Mr. R. M. Youell, Director of the Division Corrections of the State Department of Welfare and Institutions~ together with a on the Jail of the City of Roanoke which ~as inspected on July 27~ 1953, was ~efore Council. The communication and report were filed. POLICE DEPARTMF2~T: A communication from Mr. R. M. Youell, Director of the of Corrections of the State Department of Welfare and Institutions, togetheril a report on the police lockup of the City of Roanoke which was inspected on JulyI 1953, ~as before Council. The communication and report were filed. COM~ISSIONEH OF THE REVENUE: The following communication from the Commission~r the Revenue, inviting the members of Council to pay a visit to the offices of the of the Revenue in order that they can become better acquainted with offices, was before the body: :4'02 "September b, 19~3. To the RonorableHayort and Hembers of the City Council of Roanoke, Virginia. Gentlemen: I am extending to you, urgently, sn invitation to pay a visit to the offices of your Co~ssioner of the Revenuer in the Mun~cipal Building. I feel that the time trill be yell spent in doing so. There are some tMngs in regard to these offices ~nd the york vhich is done in them ~lth ~ch you s~d become acquainted ~ It seems to ne t~t the be~t ~ay you c~ become acq~inted is by a visit to the office~ themselves. You ~11 ~ve a ne~ Co~ssloner of the Revenue on J~u~y 1st ~d deemed preferable~ that ~11 be the ti~e to ~ke them. Ferso~lly, I feel t~t the Co~cll s~uld become better acquaint~ ~th these offlces certain respect~ they have been neglected by Therefore~ I vlsh you ~o~d do ~e the honor date for it as ~oon as possible. Yours truly~ (Signed) JOSH. Itart JO~ M. ~T~ Co~ssioner of the Revenue." The City Clerk vas instructed to ack.ledge receipt of the co~lcatlon and to advise the Co~ssloner of the Revenue that those members of Co~cil ~ould like to pay a visit to the office ulll do so. COMP~Ih~S: A co~cation from Mrs. Myrtle C. Gillette) 92q First Street~ S. %~., asking tPmt some check be ~de to see that the City ~dtn~ce requiring that all garbage ~d refuse be placed In proper containers Is e~orced and that somethin~ ~be done to rid the city of pigeons~ was before Council. On motion of Mr. %:oody~ seconded by Mr. Minton and ~uanlmously adopted, the co~nication ~as referred to the City M~ager for disposition. SIGNS: A co~cation from Mr. Er~;in B. Beber of Harrison Je%:elry Comp~y~ Incorporated~ asking t~t per~ssion be grated for the erection of a marquee type neon sign at 307 South Jefferson Street~ in accord~ce with a sketch as sub~tted along ~ith t~e co~uicatlon~ ~as before the body. On motion of Mr. Woody~ seconded by )~. Waldrop ~d ~mously adopted~ the request was referred to the City Pla~lng Co~ssion for study~ repor~ ~d tion to Council. SIGNS: A co~cation from Mr. J. W. I~e~ III~ Vice President of St~ford ~d Inge~ requesting t~t a petit be grated for the erection of a marquee type neon sign at Noble's Flower Shop, !8 ~st C~pbell Avenue, in accordance with plans submitted along %~ith the request~ ~as before the body. On motion of 1~. Waldrop~ seconded by Mr. Minton ~d ~mously adopted~ th request ~as referred to the City Pl~ Co~ssion for study~ report and reco~end tion to Council. STO~.{ ~INS: The follo%~fng co~cation from Mr. R. R. Quick, partner tn the fi~ of Fowlkes ~d Kefauver~ requesting that ~ ~din~ce be adopted releasing  an easement crossing Lots ~ ~d 21, Map of Courtney Square, was before Council: "September ~ 19~3 Mr. M. K. l.foo~t City Clerk Roanoke~ Virgi~a ~ Mr. ~o~: This letter Is to request t~t you place on the agenda of City Co~ctl for Tuesday~ September 8, 19~3, a resolution asking City Co~cil to give a release of ~ easement crossi~ ~ts ~ ~d 21~ Map of Courtney Squ~e~ ~d ~o~ as 127 Liberty Road. N. E. ~s easement was grated to the State High-ay ~partment in 1~ ~d was closed by them prior to t~s property bei~ ~exed by the City. The recorded easement provided that if the sto: dr~n were ever closed t~t the easement ~ould become null ~d votd~ but there has never been ~ recorded tnstr~ent to release the easement. 4'03 RIGt~ OF :~AY - Property of Kenneth L. Craig and Jean A. Craig, his wife Mr. Ran G. Whittle City Attorney Roanoke, Virginia I am enclosing a release deed and letter from State Highway Department along with a resolution for City Councll:s consent. Very truly yours~ ~',/LKES & KEFAUVEB (Signed) R. R. Quick R. R. Quick-Partner" In this connectionm the City Attorney advised Council that he has received letter from Mr. M. F. Woltz, Associate Right of Way Engineer of the Department of Hlghways~ which he feels should be read to sho~ the background of the request and that he has approved an Ordinance which has been drawn authorizing the execution of a Deed of Quitclaim and Release relating to the easement; whereupon~ the follo,~ing letter from Mr. %loltz was read by the City Clerk: "OC~.O}~ALTH OF VIRGINIA Department of Highways Richmond 19 Former Roanoke County-Secondary Liberty Road - S~lem Virginia August 2N, 19~] , Dear Mr. k~ittle: By an agreement dated August 25, 19~3m recorded }{ay 22~ 19~%, in Deed Book 313~ page 36 of the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, Kenneth L. Craig and Jean A. Cralg~ his wife~ conveyed to the Commonwealth of Virginia a right of way or easement for a drain pipe from Liberty Road, tmo'.m as State High,ay Route 1512~ to a cave in the basement of the residence located on Lots 20 and 21, according to the Map Courtney Square, for the purpose of draining water from Liberty Road to the cave in said basement, with the provision that should the cave fill up and overflo~ trmt the right of way would become null and void. road was still in the Roanoke County Secondary system a portion of ~ilee yard{ caved in ~hich apparently stopped up the inlet to the cave and the drainagei was blocked and the basement of the Craig house was flooded. Due to the fact that the cave did not handle the drainage and the basement was flooded., according to the terms of the agreement, it became null and void and the drain pipe leading from the catch basin on Liberty Road was stopped up p{o~b~y by our forces and the Commonwealth of Virginia 'and its Department o! night, aye had no further right to use the cave in the basement for drainage or other purposes. ~. R. R. Quick, Box 1079~ Roanoke~ Virginia, is associated with the firm o~i Fo~lkes and Kefauver and is having trouble closing a sale of this property due to the fact that the Federal Rousing Adm. will not make a loan on the property until the cloud on the title in regard to drainage has been removedk They desire a recordable inst~ment which will set forth the fact that the above referred to agreement became null and void. As the City of Roanoke acquired all of the roads formerly in the Virginia Highway system when the area ~as annexed, ~e do not believe that the wealth of Virginia would have the authority to prepare for recordation the necessary release. At the request of Mr. Quick, I am x~iting you this letter of explanation with the hope that your City Council could prepare a release which ~ould clear up this title. With best wishes and kind personal regards, I am Yours truly, (Signed) M. F. Woltz M. F. %~oltz~ Assoc. Right of Way Engr." In a discussion of the matter~ Mr. Young raised the question as to the city' right to the easement in the event the geological study now being conducted in the %~tlliamson Road area shows that the cave could be used again for drainage. The City Attorney advised that accordin~ to Mr, Woltz~s letter the right of way easement has become null and void zccordin~ to the terms of the origins/ agree° ment when the cave did not handle the drainage and the basement was flooded~ that this action to release the deed of easement is sometkir~ that the state should have done at the time but apparently has mot done so and that he does not think the city has any rights in the easement. Hr. Leon R. Kytchen~ representing the present owners of the property~ before Council~ and urged that the Ordinance be adopted in order that the matter of a loan can be closed on the property. After a further discussion of the matterg Mr. Minton moved that the followin Ordinance be placed upon its first reading. The motion was seconded by Hr. 'Woody and adopted by the following vote: AYES, Council members Hanesg Minton~ Plckett~ Waldrop~ Woody~ and the Presldent~ Mr. ~ebber .................. 6. NAYS: IL. Young ................ 1. (#11918) AN ORDINANCE authorizing the execution of a Deed of Quitclaim and Release to Bermie B. Snithers, Jr.g and Beulah R. Smithers relating to a former easement over Lots 20 and 21~ accordir~ to the Map of Courtney Square, and %SiEREAS, Nemneth L. Craig and Jean A. Craig~ his wlfe~ granted to the Conmonuealth of Virginia by instrument dated August 2~g 19~3~ recorded May 22~ 19~, in Deed Book 313~ page 36 of the Clerk's Office of the Circuit Court of Roanoke County~ Vlrginiag an easement to lay a drain pipe from a road in the State tIlgha'ay System, kno~,m as Route l~12t to a cave located in the basement of the house con- structed upon the aforesaid lots~ and %FHEREAS, the said property above referre5 to was on January 1, 1.~9~ mrmexed to the City of Roanok% Virginia~ and I'fHEREAS, it appears that the aforesaid easement was granted to the Co=non- wealth of Virginia upon the following condition: "It is further understood and agreed that if the caveg fills up or for any reason~ fails to carry the water dis- charged from said drain pipe~ this agreement shall be considered null and void and the rights of ail parties thereto shall cease and determine"~ and IT FURTHER APPEARS that the cave did fill up and the State Highway Departme~ discontinued the use thereof, blocking up the entrance to said drain pipe at the property llne and abandoned any further use thereof and according to the terms of the agreement the easement became null and void, all of ~hich occurred before said property was incorporated into the City of Roanoke, Virgtrda~ and %a{LREAS, the State Highway Department for the State of Virginia on behalf the State of Virginia has evidence in its files that said easement had been abandone and would have executed a release thereof to be placed of record if it had been so requested prior to the annexation of said area and property into the City of Virginiag and ~EREAS, the Highway Department has by, letter advised the City of Roanoke~ Virginia~ that it had abmndoned said easement and drain while the property ~as locat in the County of Roanoke~ Virginia, and prior to its incorporation into the City of Roanoke~ Virginia, and discontinued all right~ title and interest in said easement~ mud IT FUR~{ER APPEARING to Council that nothing was ever placed of record indicating that the said easement had been abandoned by the State of Virglniag and therefore, became null and void, and it being the desire of the present o~mers of said property that a Deed of Release be entered into by the City of Roanoket who has succeeded to all rights, duties and obligations that the Commonwealth of Virginia had in said easement, and Bennie B. Smithers, Jr.t and Beulah R. Smithers~ the present o;,~ers of the property, to be recorded in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginia, by the grantees thereof~ in order t~t there may be placed of record evidence of the fact that said easement became and is null amd void, and ~EREAS, after considering the matter~ this Council is of the opinion that the request of Bennie B. Smithers, Jr.~ and Reulah R. Smithers should be granted the Deed of Release executed by the proper authorities of the City of Roanoke, Virginia. TP~EFORE, BE IT ORDAINED by the Council of the City of Roanoke, as That the easement granted by Eemueth L. Craig and Jean A. Craig, his wife, to the Comuont'calth of Virginia, dated August 2~, 19~, recorded May 22, 19~, in Deed Book ~1~ page 36 of the Clerk's 0fflce of the Circuit Court of Roanoke County, Virginia, became null and void before the annexation of the property affected by said easement into the City of Roanoke, Virginia, and that the City of Boanoke, Virginia, is no:~ the proper person to execute am instrument to be recorded as eviden'~e of this fact and the ~layor of the City of Ro~uoke, Virginia, and the Clerk thereof are hereby directed to execute a Deed of Quitclaim and Release on behalf of the of Roanoke, Virginia, to Ber~uie B. Snithers~ Jr., and Beulah R. Smithers, present o~ers of said property, quitclaiming and releasing all right, title and interest of the City of Roanoke, Virginia, in and to the aforesaid easement. The Ordinance having been read, ~as laid over. ZONING: A communication from Hr. H. M. Moomaw, Attorney, representing Mrs. Nancy E. Lukens Hamilton, requesting that approximately eight acres of land bounded on the north by lIayne Streett M. E.,on the east by ~illianson Road, on the south by Block S, Willi~mson Groves Map, and on the west by %~tlkins Street, extended, being a portion of Official No. 3070316, be rezoned from General Residence District to Business District, ~as before Council. On motion of Mr. Waldrop, seconded by Mr. Minton and ur~nlmously adopted, the request for rezoning was referred to the City Planning Commission for study, report and recommendation to Council. STREETS AND ALLEYS: The follouing co~unication from the City Planning Commission ~ith reference to a petition from ]~. F. Rodney Fitzpatrick, Attorney~ representing Roanoke Iron and Bridge %~rks~ Incorporated, asking that a certain unnamed street south of and parallel to Albemarle Avauue, S. E., begir~ning at the right-of-~ay line of the VlrglnianRailway Company, and running east with a width of fifty feet to Roanoke River and which is bounded on the north by a produced (extended) line of Lot 10, Block 6, Roanoke Land and Improvement Company Map of 1899 be vacated, discontinued and closed, ~as before Council: "September l, 19~3. The Honorable R. L. %Yebber, Mayor, and Members of City Council~ Roanoke, Virginia. Gentlemen: In reply to your letter of August ~, 19~, referring to the City Plannij Co=mission for study, report and reco=mendatlon, the request of F. Rodney Fitzpatrick, Attorney, representing Roanoke Iron and Bridge ~'forks, Inc., 405 ,'406 that a certainunna~ed street be vacated: closed and discontinued~ said street bein~ located aa follows~ I~outh of and parallel to Albemarle Avenue, So Eo, heginnin~ at the right-of-way line of the Vlrgir~lanRallway Company~ and running east with a vidth of fifty feet to Roanoke River. and vhich is hounded on the north by a produced (extended) line of Lot 10, Block 6~ Roanoke Land and Improvement Conpany~ap of The Com=LiSsion has been advised by the Attorney for the petitioner that one of its buildings vas constructed over a portion of said unnamed street vhich has not been used as a public right-of-ray for a number of years. Under the circumstances, the Commission feels that the vacation and closing of said unnamed street will not destroy any of the privileges or rights of other property o~rners, or be contrary to the public interest. In view of the fact that a sewer and a storm drain are located under said street, it is the Com=lssionls opiaion that the City's interests in regard to said public utilities should be protected. The City Planning Co~/ssion recon~nends to City Council that the reque~ of the petitioner that said street be vacated, closed and discontinued, be granted~ the City reserving such rights as may be necessary to protect its interests in the existing sever and storm drain. It is suggested that this question be referred to the City Attorney for such legal procedures as may be necessary. Respectfully subn~ttted~ (Signed) George Dunglinson, Jr. Chairnan." 1-M. ~aldrop moved that the City Clerk publish proper notice of a public !ihearing to be held on the request for the street closing at 2:1~ o~clock~ p. n.~ [ilionday~ September 21~ 19~3. The motion ~:as seconded by Mr. Young and unanimously ~' adopted. ZONING: The follow, lng communication from the City Planning Commission ~.~ith :reference to a request from Mr. Joku L. Hart, Attorney~ representing Miss Mary Frances Kefauver~ asking that Official Lot No. 3330~01~ located on the south side of Orange Avenue~ N. E.~ between Osborne Street ar.d Vinton Road, be rezoned from General Residence District to Business District or Light Industrial Distrlct~ was before Council: "September 1, 19~3. The Ronorable R. L. Webber, Mayor~ and Members of City Conncil~ Roanoke~ Virginia. Gentlemen: In reply to your letter of June 18~ 19%3~ referring to the City Commission for study~ report and recommendation, a comzamlcation from John L Hart~ Attorney~ representing Miss Mary Frances Kefauver~ asking that the property described as follows be resorted from a General Residence District to a Business District or a Light Industrial District: Official Lot No. 333040! (located on the south side of Orange Avenue~ N. E.~ betveen Osborne Street and Vinton Road): The property in question has been inspected, and Counsel for'the petitioner given an opportunity to explain the proposed use of said property if it is rezoned, which is a use permitted in a Business District. The Commission feels that the location of said property is such tbmt it is more suitable for business than residential purposes~ particularly in of the fact that the property lm~mediately across the highway is classified as a Light Industrial District. The City Planning Commission recommends to City Council that the reques~ of the petitioner to rezone said property be granted~ and that said property be classified as a Business District. Respectfully submitted~ (Signed) George Dunglinson, Jr. Chairman." Mr. Woody moved that the City Clerk publish proper notice of a public to be held on the request for rezoning at 2:15 o'clock~ p. m.~ Monday, September 1953. The motion vas seconded by Mr. Wcldrop and unanimously adopted. ZONING: The follovir~ communication from the City Pluming Com~lesion vlth reference to a request from Hr, S. A, Carter~ for the rezonln~ of property located on the southwest corner of Grayson Avenue and Tenth Street: N. W.~ designated as Lot 11t Block 8t Official No. 2231511t Mas before Council: "Septezber 1, 1953 The tlonorable R. L. Webbert Mayor~ and Members of City Councllt Roanoke ~ Virginia. Gentlemen: In reply to your letter of May 29~ 1953, referring to the City ~or. mission for study~ report and recommendationt a cor~unication from S. A. barter, asking that the property described as follows be rezoned from a General Residence District to a Business District: Rugby Map~ Block 8, Lot 11, Official No. 2231511, (located on the southwest corner of Grayson Avenue and loth Streett N. W.): The petitioner and his Attorney~ J. S. Sherertz~ %~ere given an opportum to appear before the Commission and explain their reasons for the request. The property in question has been lnspected~ and the Cor.=lssion - familiar Mith the existing conditions in the immediate neighborhood, l~n vie~ of the heavy traffic on loth Street~ the Commission feels that any additional business established thereon Mould tend to increase traffic hazards. Further: the Connission is of the opinion that the rezoning of eaid lot %~ould result in 'spot~ zoning! which uould affect adversely the residential properties in that immediate neighborhood. The City Planning Co-~nission recormends to City Council that the reque~ of the petitioner to rezone said property to a Business District be denied. Respectfully subnitted~ (Signed) George Dunglinson~ Jr. Chairman." In this connection~ Mr. S. A. Carter appeared before Council and requested that a public hearing be held on the request;whereupon, Mr. lfoody moved that the Clt! Clerk publish proper notice of a public hearing to be held on the request for rezoning at 2:1% o'clock~ p. m., October %, 19~3. The motion ~as seconded by Mr. Minton and unanimously adopted. ZONING: The follo~in§ comz~nication from ~M. K. A. Pate, Attorneyt represent lng Mr. Julian L. Powellt requesting the rezoning of Lots 20 and 21t Block 8t Rugby Mapt located on the northwest corner of Rugby Boulevard and Tenth Street~ N. W.t ~a~ before Council: "September ~, 19%3 City Council Roanoke Virginia Gentlemen: You are respectfully requested to give favorable consideration to the re-zoning of tMo lots located at Tenth Street and Rugby Boulevard~ N. ~J-t from General residence to business. It Mill be appreciated if you will consider this request along with Mr. S. A. Carter's request for a rezoning of his lot which is contiguous to my two lots. Mr. garter made formal application to you for the re-zoning of his lot~ which request Mas referred to the Planning Commission for a report and in accordance with suggestions previously made by you. I requested the PlannlK Commission to give consideration to the re-zoning of my property at the sam~ time they Mere considering Mr. Carter's application. Since a formal applics tion had not been filed uith you by met the Planning Commission felt that i~ Mas not necessary to make any recommendation to you on my request to them. This property consists of two lots or parcels of land described as fol!o~s; to wit: P~RCEL I BEGI~NING at a point on the Northerly side of Rugby Blvd., betMeen Lots 19 and 20; thence N. 9° ~?' 28" E. 1~0 feet to an alley in the rear of said lot; thence with said alley S. 80° 12' 32" ~. 50 feet; thence S. 9° ~7~ 28"~. 130 feet to Rugby Blvd.; thence~. 80° 12' 32" W. 50 feet to the place of Beginning, being Lot 20~ Section 8t Map of Rugby Land Corporation. 40? .ty PARCEL II BEGIB~NING at a point on the northerly side of Rugby Blvd.t between lots 20 and 215 thence vith Rugby Blvd. S. 80° 12~ 32" E. 33.68 feet. to a point of curve on the east side of said lot; thence with curve 40 feet; thence N. 19° 19~ ~8" E. lll.8~feet to an alley in the rear of said lot; thence with said alley N. ~Ov 12~ 32" W. ?~.%1 feet; thence S. 9° %?' 28" W. 130 feet to the place of Begin~ln~ and known as Lot 21, Section 8, of the Map of Rugby Land Corporation, and BEING a part of the same property conveyed to J. P. Holco~b by W. ~ade~ ur~arried, by deed dated Earch 23t 1~2, and recorded in the Clerk's Office of the Rustings Court for the City of Roanoke~ VlrgInia~ in Deed Book 6~+, page I shall appreciate very much the opportunity of appearing before you on Tuesday, September 8~ for the purpose of presenting my request to you in person. Any courtesies extended by you to me or in mybebmlf will be very much appreciated. Respectfully, (Signed) K. A. Pate Attorney for l~. Julian L. Ps,ell" In this connection, the City Clerk brought to the attention of Council the following copy of a comuunication from the City Planning Comuission: "September 2, 19%3. Mr. J. L. Po~ell~ 1106 l[ercer Ave.~ N. Hoanoke 17~ Virginia. Dear Mr. Ps,ell: In co~mection ~:Ith your letter of May 27, 19%3~ asking the City Plannit Connission to consider your request for the rezoning of your property on the northwest corner of Rugby Boulevard and 10th Streett N. W. to ~hich you and your Attorney appeared before the Cormission at meeting: Upon consideration of your request, along ~ith that of Hr. S. A. Cartex the ComuAssion is of the opinion that no additional business should be allo~ed on 10th Street because of its built up residential area and the fact that it ~:ould increase traffic hazards. I ~as instructed to inform you that the Commission cam see no necessit for recommending that said property be rezoned to a Business District. Very t~uly yours~ (Signed) Nita S. Sey=our l~s. F. L. Seymour, Secretary." ~th further reference to the natter~ Mr. K. A. Pate~ ~ho ~as present at the n~eting~ urged that Council consider the request of Mr. PoYell to rezone his lo at the time they consider the request of Mr. Carter and that a public hearing be held on the ss~me date as the public hearing for Mr. Carter. Mr. ~ody ~oved that the request of ~. Pate be granted and that the City Clerk publish proper notice of a public hearing on the request for rezoning to be held at 2:1~ o'clock~ p. m.~ Monday, October ~ 19~. The motion ~as seconded by Minton and unanimously adopted. ZONING: The follo~ing com~unication from the City Planning Commission, with reference to a request from Roscoe R. and Minnie G. Banks for the rezoning of their i property design~ted as Lots 17 and 18~ Block lO~ Lincoln Court Map~ Official Nos. i2040617 and 20~0618, located on the ~est side of Dupree Street~ N. W.~ between Road and ~itten Avenue~ ~as before Council: "September The Honorable R. L. ~ebber, Mayor~ and Members of City Council, Ro~uoke~ Virginia. Gentlenen: In reply to your letter of June ~, 19~, referring to the City Pl~nnin Co~-mission for study, report and recommendation, a petition from Roscoe R. and Minnie G. Bardks, as¥~ng that the property described as follows be rezoned from a Special Residence District to a Business District: Lincoln Court fMp, Block 10, Lots' 17 and 18, Offlcial Nos. ~0617 and ~)b.0618 (located on the vest side of Dupree Street betveen Gandy Road and Whitten Avenue, N. Thts request has been discussed vith the petitionera' Attorney, George I. Vogelt and consideration glven to the reasons stated for the rezon/ng. The property in question consists of two interior lots vith a substantJ residence constructed thereon. In vieu of this fact, it is the opinion of the Coumission that the rezonlng of said property would result in 'spot' zoningt vhich is contrary to the principles of comprehensive zoulng. The City Planr~ng Co~mtssion reconmends to City Council that the request of the petitioners to rezone said property to a Business District be denie____.~d. Respectfully submittedt (Signed) George Dunglinson~ Chairman." In this connectiont Mr. George I. Vogel, Attorney, representin§ the petitior appeared before Council and asked that a public hearing be held on the request. 14r. Minton moved that the request of Mr. Vogel for a public hearing be §rantl~d and that the City Clerk publish proper notice Of a public hearing on the request rezoD/ng to be held at 2:1~ o'clock, p. m., l.!onday, October ~, 19~3. The motion was~[ seconded by Mr. ~aldrop and unanimously adopted. ZONI~G: The following con~unlcation from the City Planning Commission, with reference to a request from ~Ir. JoD. n Stric¥1er, Attorney, representing Mr. C. F. ~[efauver and Mr. J. H. Fralin, for the rezoning of certain property located on the south side of ~fent%.forth Avenue and both sides of ;~ell Avenue, ~. ~., from General Residence District to Business District, %!as before Council: "September 8,19~3. The Honorable R. L. ~ebber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemen: In reply to your letter of April 30,19~3, referring to the City Planni~ Co=~lssion for study, report and recommendation, a petition signed by John Strickler, Attorney. representing C. F. Kefauver and J. H. Fralin, asking that certain properties located on ~fent%;orth Avenue and Angell Avenue be rezoned from a General Residence District to a Business District: An inspection of the property in question has been made, and the request has been discussed with the petitioners and their Attorney, T. L. Plunkett, Jr. The petitioners have anended their request, and are asking that the following properties be rezoned, which includes all of the lots in the original petition except the east seventy-five feet on the south side of %fent~orth Avenue and the east seventy-five feet on both sides of Angell Avenue: l~illiam Fleming Court ~.[ap, B1. ~, Lots 13-21, inc. (South side of lfentt¢orth Avenue.) Uillian Fleming Court 1.lap, B1. ~, Lots 2~-32, inc. (l~orth side of Angell Avenue.) %fllliam Fleming Court l~ap, B1. 3, Lots 13-21, inc. (South side of Angell Avenue.) The a=ended request %.fas made for the purpose of leaving one Of their lots to serve ns a 'buffer' for the protection of the lots located east of their property %~hich are classified as a General Residence District. The property on the north side of %~entworth Avenue is zoned as a Business District for a depth of ~30 feet, ~hich was rezoned by Council after annexa-li tion, as well as several blocks to the north. The rezon!ng of property the south %;ould be a natural extension of a Business District. City Council has established a setback line on %~entworth Avenue and Angell Avenue to provide for future widening of these streets to fifty The Co,lesion feels that the location of the property in question is ~ore suitable for business purposes than for residential, and that the dept~l of said property would be ample to provide for off-street parking in cor~nec-!l tion with the proposed business uses. The City Plar~,llng Commission recommends to City Coancil that the request of the petitioners, as amended, that said properties be rezoned from a General Residence District to a Business District be granted. Respectfully submitted, (Signed) George Dunglinson, Jr. Chairman." 409 Mr. Young noved that the City Clerk publish proper notice of a public the request for~rezoning~ as amended, to be held at 2:1~ o~clock~ p. n.~ Monday, October 12, 19~3. The motion was seconded by Hr. Ualdrop and unaninously adopted. REPORTS OF OFFICERS: LEAGUE OF VIRGINIA RUNICIPALITIES: The City Manager submitted written report together with draft of a Resolution inviting the League of Virginia Municipalities hold its 19%* Annual Convention in Roanoke; '~hereupon, Mr. Minton offered the lng Resolution: (#11919) A RESOLUTION relating to the 19%* Annual Convention of the League lof Virginia Municipalities. (For full text of Resolution, see Ordinance Book 2:0. 20, Page 1.) Mr. l-linen n~ved the adoption of the Resolution. The notion was seconded by · r. Young and adopted by the fol!outng vote: AYES: Council nembers Hanes, liinton, Plckett~ %[aldrop, i.loody, Young, and the President, Mr. lYebber ............... 7. NAYS: None ...................... O. DEPARTI~--~?2 OF PUBLIC :~LFkqE: Council Proving previously referred to the II.~-vmger for study and report a corauunicat!on from Ils. Andre:~ J. Moore~ complaining that nothing has been done on his application for Old Age Assistance, insisting that his son is unable to support him and contending that he is eligible for Old Age Assistance~ the City Manager submitted ;:ritten report together ~lth the follo',.'lng communication from the :':elf are Director: "August 28, 19~3 Mr. Arthur S. 0?:ens City Manager Municipal Building Roanoke, Virginia Dear Mr. O-~:ens: Herein are the facts pertaining to the case of 1,~. Andrew J. Moore, 120~ - 13th Street, S. E., Roanoke, Virginia. You received a letter from }.ir. Moore under date of August 1%. %:hich %tas presented to Council at its regular meeti August 2~. You can readily see what happens in cases %:here people will not furnish the information which we are required under the law to secure. Mr. l:oore applied for Old Age Assistance on May 11, 19~3. On July 16, 19~3~ %.then the application %:as brought to the attention of the local Board~ the Board extended the application for thirty days, reason being that ue had be~ unable to get the necessary infornation from ~. Moore's son. A notice to this effect uss sent to the applicant showing the reason the Board did not take action at that time. On August 17, !953, the application u~as denied by the local Eoard~ reason being, 'Son does not ~,ish to give lnfornatlon necessary to the determination of applicant's eliglbility.' I do not kno'~ ;':hy Mr. Moore feels there has been no investigation made of his application. There was no necessity for a re-investigation for certain requirements of eligibility such as proof of age or residence, as these proofs are a part of a prior record on Mr. Moore :.:ho previously received Old Age Assistance. A re-investigation %'as made, in the usual way, of Mr. Moore's present cir- cumstances. For example, property records in the Clerk of Courts office '.:ere checked to verify that Mr. Moore had not transferred property within the last five years to make himself eligible for Old Age Assistance. He %,'as visited in his home, which is one ~'ay %*e have of verifying that the applicant is not an inmate of a public institution. Such inmates are not eligible for Old Age Assistance. Thus the four statutory requirements regardir~ age, residence, property, and institution residence %:ere satisfied The one remaining requirement is that the applicant be in need by lacking resources to neet his o~;n requirements and having no children able to provid for his requlrenents. By a hor~visit and discussion with Mr. Moore and his daughter, Mrs. Lula Young, %'ith whom he lives, his needs %:ere determined and it %:as found that the only thing Mrs. Young could do for Mr. Moore x:as to furnish his shelter and do his laundry. Mrs. Young Dss no income of her and is supported by her daughter. Thee meant that F~ro Moore's only other possible source of income might be from his eonm l~r. Percy L. Moore. ~. Fercy H~re lives at 1~16 }~oomn by the Eorfolh ~d Western Rmilro~d. T~ee letters were ~ltt~n to Percy H~re durl~ thl~ last ~nve~tl~at~on in ~ attempt to ~cure the nece~a~ l~or~tion to det~lne uh~ther he could ~e a contribution ,s fat~e~. ~e received no ~sw~r$ to the~e letters ~d on A~ust ~, ~)~] %'e vis,ted Mr. Percy l-[oore at ~$ hone ~d he told us t~t he %'ould not g$ve us the i~o~tion ~'e needed. On August 1~ 19~3~ we visited lit. ~dre,~ Moore to [~orm t~t ~e ~d been ~ble to ~et the $~or~tion ~'e needed from ~s son. The Bo~d act$on de~n~ application ~ollowl~ on August 17~ 19~3. Mr. ~drew }~re ~y, of cour$e~ ap~e~ to the State Board for a revie~ of the local Bond's action of August 17~ 19~3. He ~de such ~ appeal last year vhen the local Bo~d on J~e 13~ 19~2~ de,ed h$s application on the basis that ~s son~ Fercy }~oFe~ could meet ~s needs. A fa[F hearln~ wa~ set for 9:30 on Septenber 3~ 19~2~ but l~. M~re did not appear for his hearing. Mr. Moore received assistance at one tl=e ~d the assist~ce ~as c~celled on August 16, 1~9~ on the basis t~t ~s son ~'as able to t~e care of ~s needs. Mr. Moore re-applied later and on July 1~ 19~0~ the application u denied for the s~e reason. At Hr. Koore~s request th~ local Welfare Depart~ nent petitioned the Juvenile Court fo= support for ]ir. l~re fron his =on, Percy Moore. On 1-31-~1 the Judge disnlssed the case. %~e then attempted see If the %felfare Dep~tment could proceed against Hr. Percy Moore in a civil suit. Since ~'e ~ere not assisting Mr. Moore, he uas advised that he~ rather than the depart=ent~ should petition for a civil action. Mr. l[oore did not ulsh to do this. ~fe shall be glad to re-open fir. t[oore's ca~e at a~ tize he ~zishes to re-ap;!y. Respectfully yours ~ (Signed) J. H. Fall~:ell Director of Public Uelfare" In this co~ection~ 1.Ir. ~. D. De~.~ appeared before Council on behalf of Moore and insisted that so=ething be done for l-lt. 2~:oore at once~ that the long delay] In investigating and tn appealing Mr. l[oore's case Is causln: suffering in the Moore~ f~ly ~d that the granddaughter ~*ho is no'~ takl~ care of Mr. ~ioore does not have sufficient lnco=e to take care of the necessities of the Moore f~lly mhd her o~n The President~ Mr. %'febbe~ advised Mr. De~: that Hr. Hoore could appeal to the State Board fo~ a revie~.~ of the local Board's action ~d suggested that he do so if he feels he has not been treated fairly by the local board, stating further t~t since the local tfelfare Department has follo~:ed the state require=ents there Is nothing Co~cil can do. The report ~d co~ication as submitted by the City I.Ia~ge~ uere filed. S~AGE DISPOSAL: The City lI~ge~ havi~ been requested to ascertain if the Hoyer I~ufact~ing Co=p~ny ~:ould allo:~ the City of Roanoke to try out a larg~ size sludge disintegrator ~chine ~d if the conp~ ~*ould allo~ full credit fo~ the s~lle~ nachine previously purchased but ~zhich is too s~ll to do the ~'ork required he submitted the folloul~ report: '~o~oke ~ Vlrgi~a September 8, 19~3 To The City Co~cil Ro~oke ~ Virgi~a Members of Co~cil: The follo'~lng letter fro= Mr. F. C. ~ell~ Jr.~ Pl~t Superintendent is ~fth reference to the sludge disintegrator %'hich ~;as ordered for use at the Se~,'age Treatnent Plnnt: 'Date: August ~, 19%3 To: Mr. Arthur S. Subject: Sludge Disintegrator The larger sized Royer Sludge Disintegrator arrived on August ,zas ~crated~ ~d set up for operation, lfe borrow:ed s~ficlent cable from the Appalachi~ ~ectrlc Fo~fer Co=p~y to put the =achine into 41.1 operation for a trial run, During t~e perlod from the lhth to the the machine was operated under all conditions and It was found that the capacity of the ~achtne was such that it wouldtake all that two men could feed it and still was not. fully loaded, Hr. Wentworth paid us a visit and observed the operation and he concurred with me to the fact that the ~achine had the capacity to handle as much'~aterial as we could possibly feed it either by hand or with a commercial conveyor, The finished product is of such a con- sistency that it is felt that we should have no trouble ~ovlng it. It was found also that the machine would handle material ranging from about ~0~ moisture all the way to bone dry. Therefore~ it is reques that you present these facts to City Council and request that tion to purchase the machine be given. The cost of the machine is $1,~00.~0. So far, we have paid the Roycr Foundry and Machine Company $?12o~0. This leaves a balance of $687.~0~ plus prepaid freight charges of $33.60, leaving a balance due of $721.10. I am attaching a copy of the invoice that will show the shove figures. (Signed) F. C. Funnell, Jr. Plant Superintendent. APPROVED: (Signed) Jno. L. Went%'orth Director of Public (Si~ned) H. C. Bro~les ' City Engineer I recommend that purchase of the disintegrator be made. Respectfully submitted~ (Signed) Arthur S. Owens City Manager" Mr. 'Waldrop moved that Council concur in the recommendation of the City ~:l~anager and offered the following emergency OrdAnance: (#11920) AN ORDINANCE to amend and reordain an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 31st day of December, 19Y2~ No. 11677, entitled, "An Ordinance making appropriations from the Sewage Treatment Fund for the City of Roanoke for the fiscal year beginning January iF 19%3, and ending December 31~ 19Y3, and declaring the existence of an emergency", as amended by Ordinance No. 11809~ adopted on May 18, 19~3, and providing for an emergency. (For full text of Ordinance, see Ordinance Rook No. 20, Page 2.) 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, Minton~ Pickett, %taldrop, %~'oody, Young~ and the President, Mr. Webber .............. 7. NAYS: None ................. O. CITY PLANNING CO~4ISSION: The City Manager submitted written report advising that he has appointed Mr. Harold W. Hill as a member of the City Planning Com~xission to fill the unexpired term of Mr. William J. McCorkindale, Jr.~ deceased, ending December 31, 19~6. The report ~as filed. STREET LIGHTS: The City Manager submitted written report recommending that five additional 2%00 lumen street lights be installed at locations as set forth in the report. Mr. Young moved tbmt Council concur in the recommendation of the City Managel and offered the follouing Resolution: (#11921) A RESOLL~ION authorizing the installation of street lights at locations in the City of Roanoke. (For full text of Resolutlon~ see Ordinance Rook No. 20, Page 3.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Minton and adopted by the following vote: AYES: Council members Hanest Hlnton~ Plckettt Waldrop~ Woody~ Young~ and the President~ Mr. Webber .............. ?. NAYS: None ..................... O. WATER DEPARTMEh~: Council having previously concurred in the recommendation of the City Manager as to the need for a survey of the Falling Creek watershed and having authorized him to have a survey made~ the City Manager submitted written report together with the following report from the Virginia Forest Service~ Depart- ment of Conservation and Development~ for Council's consideration: "August 28,19~3 Mr. Arthur S. Owens City Manager Roanoke, ¥irginia Dear Hr. Owens: Sometime around the first of August~ Hr. G. H. Rustont Hanager~ City Water Works~ contacted the Virginia Forest Service concerning our services pursuant to the Vinton watershed in Bedford County. On August 28. I contact Hr. T. W. Dunn~ City Water Department~ and went over some of the ~etalls of this project with him. As per our telephone conversation this date, I will set forth the services which may be performed by the Commonwealth of Virginia. Forest Service. The Forest Service Foresters~ at the request of the City~ will examine the area which contains 3,000 acres~ more or less, and submit to the City a '~ritten report which will contain the present conditions of the timber and our recommendations. The timber examination will include a studyl of the type and composition of the stand, rate of growth~ relative range of diameters of the various species, and their relative economic importance. This report ~ill also include a statement as to whether or not the stand ~ill support a commercial lumbering operation. It is understood by both parties that the primary purpose of this area is for a watershed. If; after the timberland examination is completed, it is found that the area will support a commercial !unberlng operation, the recommendation ~lll be that the City have the timber marked and estimated for harvesting by the Forest Service. The marking and estimating includes the selection of trees to be cut and the estimate of the volume in board feett by species. This ~ill place the City in a satisfactory position to negotiate a timber sale. Attached hereto is the standard marking and tallying agreement ~hich must be completed before the marking begins. I wish to call to your attention paragraph 3~ page 2, of the agreement. There are no charges for the timberland examinationj recommendations, a~d report. The charge for marking and estimating is 60~ per thousand board feet, International tree scale, for the actual marking and estimating. Tnis!l is the only charge connected with our services. As this area supports mainly hardwood species, we therefore, prefer to do this work during the winter months, starting about November I and con- tinuing with s~me until it is completed. Very truly yoursj ARTHUR L. JOLLY~ JR. District Forester (Signed) By J. C. Hinkle J. C. HINKLE Forester" The City Manager suggested t.h~t the report be tabled for t~o weeks and that in the meantime he uill send each Council member a copy of the communication; ~:here_I upon~ the City Clerk was instructed to place the matter on the agenda for September HOUSE N~4]3ERS: The City Manager having previously advised Council that he would look into a complaint received by Councilman %'~aldrop as to the inconsistency of house numbers in the vicinity of 291~ Carolina Avenue, S. W., he submitted the followihg report: '~oanoke~ Virginia September 8, 19~3 To The City Council Roanoke~ Virginia Members of Council: You referred to me at our meeting on August 24, 19~3, a suggestion concerning house numbering on Carolina Avenue, S. %~. 414 ~e are familiar with this ar~a and can easily cha~e the numbers on one street; however~ if we dot it will affect others, I a~ presenting to you a map and the following letter from Mr. ~. E. Lester~ Acting Bulldin~ Inspector: 'DATE~ August 31~ 19~3 TO: A.S. ~ens~ C~ty ~ger ~OH~ ~,'E, Le~ter~ Acti~ Bu~ldi~ Inspector. ~ar Sir~ In checki~ the exi~tl~ house n~ber In the 29~ block of Caroli~ Avenuet S, ~,~ I find these n~ber~ are in accordance w~th the ~ster pl~ for n~ber~ houses In the City of Roanoke. This condit~on ex~t~ In other sections of the ~Ity in the ~exed territories as ~ell as the older portions, It ~ee~ If we follo~ the ~a~ter pl~ for n~b~ring houses simil~ condition~ ~ill develop, To cM~e th~ exl~ti~ house n~ber~ on the odd ~ide of Caroll~ Avenue would create a disturbance ~n the residence mailing system In ~tal ~ell a~ all the utllities~ ~uch as water~ gas~ ~phone ~d electrical~ or In printed ~tter ~ueh as letterheads of perso~l stationery. It has ~een the practice of t~s office to c~ge house n~bers o~y absolute hards~p or when ~t ~a~ necessary to prevent ~uch n~bers. This practice ha~ prevented a~'hard~p to th~ ~illng system~ e~peetally tho~e ~hose house n~bers have been ass~gne~ for a period of years. If It ts decided that the n~bers s~uld be ch~ged at this locatl I will readily do so ~d give the residents the proper notice of ~uch ch~ges. Please see the enclosed sketch of the exlsti~ house n~bers on t~ee streets. If the four n~bers are c~nged In the 2~ block of Carolina Avenue the t~ee existing buildings on Caroll~ Avenue on the even side ~ould also have to be ch~ged.' tf the four property o~ers do not object to their m~bers bei~ ch~ged~ ~e c~ carry out their request. Respectfully sub~tted~ (Signed) ~th~ S. Owens City M~ager" 0n motion of Mr. Waldrop~ seconded by Mr. Yo~g and un~imously adopted~ the ~atter ~as referred back to the City M~ager for disposition. STATE HIG~.~AYS WITHIN CITY LIMITS: Council having requested the ~partment o Highways of the Co~onwealth of Virginia by Resolution No. 10~6~ adopted on May 22~ 19%0, to have a traffic survey made az early as possible in 1951 ~ith reference to north-south highway through the City of Ro~oke~ the City M~ager presented the foll ing report together with ~ copy of the survey: "Roanoke~ Virginia September 8, To Yhe City Co~cil Ro~uoke~ Virginia Me~bers of Council: I ~ve forwarded each of you a copy of the Ro~oke Traffic Survey you authorized in 19~1 ~d ~ch ~as completed last year. The survey is most efficiently ~d expertly accomplished; and ~y I urg each of you to study t~s survey carefully. In the interim, I ~ould suggest t~t you for~d copies to the Pl~ing Co~iszion for their study ~d reco~endation. Respectfully sub~tted~ (Signed) Arthur S. ~ens City M~ager" Mr. ~oody moved that Council concur in the report of the City M~ager ~d that a copy of the survey be referred to the City Pl~ing Co~ssion for study, report ~d reco~endatlon to Co~cil. The motion was seconded by Mr. ~aldrop ~d unanimously adopted. 415 ~L~FFIC: Council having previously referred to the City Manager for disposi- tion a co:u~unication from Mro Billy Mullins~ an employee of the A~erican Brid§e Division-United States Steel Corporation~ complaining that the exits from the corporation~s parking lot on the south side of Orange Avenue, No E,, west of Blnth Street~ are blocked by traffic around five otclock~ each afternoon~ the City Manager submitted the following report: '~oa~.oke, Virginia Septezber 8~ 19~3 To The City Council Roanoke~ Virginia Members of Council: You referred to me at the meeting on August 2~, 19~3, a letter from Mr. Billy Mullins concerning traffic near the A~erican Bridge Division-United States Steel Corporation. Captain Frank H. Webb, Superintendent of Policej Lieutenant R. M. Harris~ and Mr. J. D. Sin~ met with )~r. Arthur Davis and other representa- tives of the Company on August 26. Every effor~ will be made to work out an agreeable plan; but we cannot offer much help of a per~nen~ nature when a great number of ears emerge from a private parking lot into a lane of tra£fic at the busy part of the day. Our only solution is that they fuse orderly into the line of traffic. We are ~aking efforts to~:ard a solution; and I believe ~ith the excelle~ cooperation accorded us, relief can be given. Respectfully ~ubmitted, (Signed) Arthur S. Uwens City Manager" Mr. Waldrop ~oved that Council concur in the report of the City Manager. T~ motion ~as seconded by Mr. Minton and unanimously adopted. TRAFFIC: Council having previously referred ~o ~he City Manager for study and reco~endation a letter fro~ Mr. R. Glenn Culbertson, suggesting ~hat all par~i~ be entirely eliminated on both sides of Ulllia~son Road~ along ~ith the request of Councilman Young that in the study of traffic conditions on Ulllia~on Road so~e thought be given to eliminating parking on the ~est side during the ~ornfng ru~h hour traffic and on the east side during the even/ng rush hour traffic~ the City Manager submitted ~ritten report together vith a com~unication fro~ the Superintend, of Police including the fol!oving recor:zendations: "1. Prohibit parking at all times on the east side of Co~on='ealth Avenue, Fourth Street, Willia~son Road from Wells Avenue to Truman Avenue. 2. Prohibit parking at all ti~es on the ~est ~lde of Com~.om:ealth Avenue, Fourth Street~ Wllll~mson Road fro~ Wells Avenue to 0a~land Boulevard." In a discussion of the report, Mr. Young stated tb~t to r~ove parking at all ti~es on ~illfa~on Road might ~ork a hardship on the people in the area, that he had hoped to allo~ parking at certain hours and no parking during the pea~ hours of ~raffic ~ovement and moved t~t the report be taken under consideration for one ~eek, each Council ~e~ber in the ~eantime to observe the movement of traffic on Willia~son Road. The motion vas seconded by Mr. ~'~aldrop and unanimously adopted. STATE HIG~*~YS WITHIN CITY LIMITS: Council at its ~eeting on May 2~ Ordinance No. 11~16 having ~uthorized and directed ~P~ conde~ation proceedings be instituted to acqulre~ for and on behalf of the City of Roanoke, the fee simple titl to certain land situated in the City of Roanoke on the south side of Bershberger Ro~ N. W.~ to be used for the ~ldening and d~prove~ent of Hershberger Road~ of record in ~he na~e of Roy M. Jeunir~s, ~he City Manager sub=ittod ~rit~en repor~ together the following communication from the Assistant City Attorney concerning a ney offer from the property o~ner, the City Manager advising that he ~ould like to present the r~tter for consideration of Council: "September 3t 19~3. .INI~E: Property to be acquired from Roy M. Jennlngs for widening of Hershberger Road~ N. ~. Mr. Arthur S. O~enst City Hanager~ Roanoket Vlngir~a. Dear Sir: As you know, pursuant to direction of the City Council our office has heretofore instituted condemnation proceedings to acquire certain propertie~ for the widening of Mershberger Road~ N. ~o~ one of the properties involved in the condemnation proceedings being located on the south side of Road at the intersection of the sa~e vith the ~illianson Road, and o~med Roy M. Jenn/ngs. Prior to the institution of the condemnation proceedings, the City had an ~ppraisal of the property made and had,on the basis of the appraisal, negotiated ~lth ~Lro Jennlngs for the purchase of th/s property at a price $],000.00 cash. The purchase price offered vas based upon an appraised of the land at $2t000.00 and an estimate of severance damages set at $1tO00.O0. Afterrather lengthy negotiations, Mr. Jennings declined to accept the abovementloned offer and the suit vas instituted. I have had several conferences ~lth Mro ~illlian G. Creasyt an representing lit. Roy M. Jennlngs in the matter, and on September 2nd. Mr. Creasy on behalf of Mr. Jermings left with me a letter in wMch Mro Jenntn offerst until September ~t 1~ to sell to the City the land ~hich is need~ from h/s property at a price of $~tO00.O0 cash, that price to include the value of the land sold andt also, all claims for damage to the residue of his land caused by the severance. Mr. Jennings ~ould a/so require the City to agree to repair the edges of may h~rd surface that ~lght be broken or dug up during the construction process ~hich I take to mean connecting the pavement on h/s filling station lot to the road pavement to be constructed. i understmnd, ho~ever, that this is planned to be done by the City in any event. Mr. Creasyts letter to me is attached herewith. I have discussed ~ith the Cltyts three appraisers thc advisability of the Cityts acquiring Mr. Jermingst land and acquiring a release of all severance damages for a total price of ~tCO0.O0. The appraisers are unanimously of opinion that the best interests of the City ~ould be served by accepting such a proposition. After considering the matter from all angles it is the opinion of the City Attorney and of the ~riter, that the above-mentioned offer of the proper~o:mer should be accepted. At your request amd in order that the matter may be brought before Sit Council at its meeting on September 5th: this office ~s prepares ordf~mnce for Council's consideration by the terms of ~hich Mr. ~gs' offer ~ould be accepted. This proposed ordinance is likewise attached to this letter. Attention is respectfully called to the fact that Mr. Jennings' out- standing offer will expire on September 9th unless it is accepted by the City prior to that date. Accordingly, it is suggested that the matter be brought before Council at the first opportunity. Very truly yours, (Signed) J. N. Kincanon Assistant City Attorney" Mr. You~.~ moved that Council concur in the reco~endation as set forth in the above communication and offered the folloMi~ emergency Ordinance as prepared by the office of the City Attorney: (#11922) ~ ORDINANCE providing for the acquisition of certain land for the widening of Hershberger Road, N. W.; providing for the purchase price thereof; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 3.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by ~-~. %~ody and adopted by the follow,lng vote: AYES: Council members Hanes, Minton, Pickett~ %Ialdrop, %~ody, Young~ and President~ Mr. ~Jebber .......... 7. NAYS: None ............. O. REPORTS OF C~2{ITTES: SALE OF PROPERTY: Council having taken under advisement the offer of Mr. ~. A. Ingram~ President of Ingr~n Building and Supply Company~ Incorporatedt to purchase from the city a strip of land on the northeast corner of Brambleton Avenue and Ross Lane, S. ~.~ for $1OO.00~ the City Manager submitted ~ritten report from the real estate co~zlttee reconmendin~ that the sale be consummated. The committee report vas received and filed. SALE OF PROP~RTY~ The City Manager submitted written report frcm the real estate committee together ~lth the following letter from I.M. Charles D. Foz~ the committee advising that it sees no reason for the city to hold this property and recommending its sale: "August 21~ 19~3 Mr. Arthur S. Owens Clty Manager Municipal Building Roanoke~ Virginia Dear Mr. ~.:ens: ~ represent Hr. O. F. Carmack ~:ho o~ms a part of Lot 6 and a part of Lot lO~ Section 19, Grandln Court Annex Hap. Adjacent to the northern boundary line of these lots~the City of Roanoke o~ns a snail triangular shaped lot abutting on Greenbrier Avenue. Pursuant to the conversation between you, Mr. Carmack and myself, I.M. Carnack is of the opinion that this lot is of no value to the city and the city would beneflt by It being taxed with Mr. Carmack's property. Mr. Carmack has authorized ne to state that he offers to pay the city the sum of $2~.O0 for this small strip of land. Yours very truly, H~fiEH AND FOX (Signed) Charles D. Fox~ Jr." In a discussion of the matter~ Mr. Young stated that this is a ridiculously lo~ price for the property and moved that the matter be referred to the committee for the purpose of obtaining a better offer for the property. The notion was seconded by Hr. ~faldrop and unanimously adopted. SALE OF PROF~qTY: The City Manager submitted written report frcn the real estate committee together ~ith the following letter from Hr. James M. Claytor~ the committee reconnendlng that the sale be cons~umuated: "328~ Fairfax Ave., N. Roanoke 17, Virginia July 28~ 1953 I-M. Arthur S. ~ens City Manager Roanoke~ Virginia Dear Mr. O~ens: I an making an offer of $187.50 (one hundred eighty seven dollars mud fifty cents) on the lot Joining Susan Harvey's lot between Harrison Ave., and Fairfax Avenue providing I cam get the SusanHarvey lots. Sincerely~ (Signed) Jsmes M. Claytor, Sr." Mr. Ualdrop moved that the recommendation of the committee be concurred in and that the matter be referred to the City Attorney to prepare the proper Ordinance authorizing sale of the property. The motion was seconded by Mr. Hinton and unarAmously adopted. ~FINISHED BUSINESS: BUDGET-COL~;CIL: Council having previously deferred action on the suggestion of the City Hanager that $300.00 be transferred from Investigations and Studies to Travel Expense in Account No. l, Council~ of the 19~3 Budget~ until a full menbershi of Council is present, the matter was again before the body$ whereupon~ Mr. %Joody offered the following emergency Ordinance: 4 1:8 (#11923) AN ORDINANCE to amend and reordain Section $1~ "Council"~ of the 19~3 Budget Ordinance~ and providir~ for an emergency. (For fttll text of Ordinance~ see Ordinance Book No. ~O~ ?age ~.) Mr. %{oody moved the adoption of the Ordinance. The notion was seconded by Mr. ~aldrop and adopted hy the folloulng votes AYES: Council ~embers Hanes~ Elnton~ Plckett~ %laldrop~ ~oody~ Young~ and the President~ NAYS: None ............... O. CITY PROPERTY: Council having previously deferred actionc~ the application tMs. Susan IIutson (}Ms. Lester T. Hutson) for the renewal of her lease for one year on the city o%~ned property located at the north%feat corner of Church Avenue and Second Street~ S. ~.~ the matter ~as again before the body. In a discussion of the ~atter~ Council ~as of the opinion that the propertie rented by Mr. Henry O. Giles and Mr. Henry L. Riley located adjacent to the property rented by ~lrs. Hutson should be considered at the same time and with thought being given as to whether it ~ould be to the best interest of the city to lease the propert again or to give notice to the tenants and raze the properties. After a further discussion of the matter~ Mr. %~ody moved that Council take the question of renting the properties tinder advisement. The motion ~as .seconded by !Ir. ~[aldrop and unanimously adopted. BUDGET-DEPARTME/fT OF PUBLIC L~LFARE: Council having deferred consideration of the biennial budget estimates of the Department Of Public %Yelfare for the fiscal years ending June 30, 195~, and June 30~ 19~6~ at its last regular meeting~ the matter %~as again before the body. In this conr. ect!on~ ]ir. JoPm II. Fall~ell~ Director of Public %felfare~ appeared before Council for a discussion of the matter and stated that as sho~,~ on the copies of the biennial budget estimates a total estimated requirement for the year ending June $997,~91.O0. After a discussion of the matter with Mr. Fall~ell~ Mr. Young moved that since this is only an estimate of the amounts needed to operate the ~elfare Depart- ment for the years 19~ and 19~6 that the matter be referred to the City Attorney to prepare the proper Resolution~ tentatively approving the biennial estimates~ for Council's consideration at its next regular meeting. The motion was seconded by Mr. ?foody and u32~nimously adopted. CONSIDERATION OF CLAIMS: None. II~RODUCTION AND CONSIDtP~TION OF ORDII~NCES ~2{D RESOLUTIONS: SALE OF PROP~qTY: Council having ~reviously requested the City Attorney to prepare an Ordinance providing for the sale of the southern half of Lot Alleghany Addition~ for $1~0.00 net cash~ by the City of Roanoke to City Developing Corporation~ he presented sa~e; %;hereupon~ ~. Minton moved that the following Ordinance be placed upon its first reading. The motion uas seconded by Mr. %~aldrop and adopted by the following vote: AYES: Council members Hanes~ Minton~ Pickett~ %-faldrop~ ~oody~ Young~ and President ~ NAYS: None ................ O. ($1192~) AN ORDINANCE providing for the sale of the southern half of Lot 22 Block 1~ Alleghany Addltion~ Official Tax Lot No. 2031701~ by the City of Roanoke City Developin~ Corporation for $1~0.0~ cash; and authorizir~ the execution and delivery of a deed therefor, I~_EBFA$, the City Manager has received a ~a-itten offer from City Developtn~ Corporation to purchase fron the City the southern half of Lot 22, Block 1t Addition, at the price of $1~0.00 cash andt in addition thereto, ~aid City Developl~ Corporation has a§reed to install curb and gutter on the Fifth Street side of said lot at a price of $1.12 per lineal foot, and '~ILT~EAS, Councllls co=mlttee, composed of the City Manager, the City Auditor and the City Attorney, have.reported that the above offer constitutes a fair one for said lot. THt~EFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the written offer of City Developing Corporation to purchase from the City of Boanoke the southern half of Lot 22, Block 1~ A11eghany Addition, Official Tax Lot No. 2031701~ at the net price of $1~0.00 cash ~nd, with the under- standing that said City Developing Corporation is to install curb and gutter on the Fifth Street side of said lot at a price of $1.12 per lineal foot, be, and the same is hereby, accepted. 2. That tko proper City officials be, and they are hereby, authorized and directed, for and on behalf of the City, to execute and deliver a proper deed, to be! prepared by the City Attorney, conveying, 'zith SPECIAL %LtRPJd~Y of title, the above described property to City Developing Corporation ~ud to deliver the sane, properly executed, upon receipt of the cash consideration. The Ordinance having be~n read, was lald over. G.~DE CROSSINGS: Council at its meeting on August 2%, 19~3, havlng requestedl! the City Attorney to prepare proper Ordinance conditionally authorizing the~cquisitl~n of all the lmnd embraced in Official Tax Serial Lot Dos. 4010201 and %010102 by the City from Mary Moore Foy, to be used as a right-of-%:ay for the Jefferson Street Grade Elimination and viaduct, he presented sane; ~hereupon, Mr. ~oody offered the following Ordinance as an emergency measure: (#11925) AN ORDIN~U~CE conditionally authorizing acquisition of all the land embraced in Official Tax Serial Lot Ecs. 4010201 and ~010102 by the City from Mary Moore Foy and the other legal o%mers thereof for $27,000.00 cash; and providing for an emergency. (For full text of Ordinance .... Ordinance Book No. 20, Page ~.) Mr. %'Yoody moved the adoption of the Ordinance. The motion ~.~as seconded by Young and adopted by the follo~.~ing vote: AYES: Council members tl .... , Minton, Pickett, ~Yaldrop, %ioody, Yo~ung, and President, Mr. ?:ebber .............. 7. DAYS: None ................. O. S~AGE DISPOSAL: Council at its regular meeting of Augu~2~, 19~3, having taken under consideration a connunication from the Mayor of the To'~n of Salem, relating to a proposed contract between the City of Roanoke and the To~n of Salem for the treatzent of the latter's se~;nge and ~astes, the City Attorney presented draft of a Resolution conditionally directing the City Attorney and the Attorney for the To~.~ of Salem to jointly prepare a ~,Titten contract; ~hereupon, Mr. Uoody offere the follo~ing Resolution: 419 420 (#11926) A RESOLLTION conditionally directing the City Attorney and the Attorney for the To~nl of Salem to Jointly prepare a ~ritten contract pursuant to terms of ~'hich the Cit~night transport to and treat at its sevage disposal plant certain vastes originating ~ithin the corporate limits of the To~n of Salem. (For full text of Resolutiont eec Ordinance Rook No. 20, Page 6.) Hr. Woody moved the adoption of the Resolution. The motion vas seconded by gr. Hanes and adopted by the following vote: AYES: Council members Hanes, Hinton, Pickett, 1[aldrop, Woody, Young, and the President, Hr. Webber ............ 7. NAYS: None ................... O. IIOTIONS ~.h~OIIISOELL~NEOUS BUSINESS: BUILDING CODE: The Official Building Code of the City of Roanoke, b~ving beco=e effective as of August 12, 19~3, the question of appointment of members to the Board of Appeal, as provided by Section 108 of the ney Code, ~as brought to the attention of Council. Mr. Young moved that Council consider the question of appoint~ents at the next regular neeting~ebody. The motion was seconded by lit. Minton and unanimous] adopted. OFFICE HOI~S-CITY ~PLOYEES: }M. Minton raised the question of extending th~ five day ~ork week as established by Ordinance No. 118~2 for the months of June, Jul and August and suggested that the matter be placed on the agenda for the next regula~ meeting of Council, the City Attorney in the meantime to prepare the necessary Ordinance providing for the five day work ueek. In this connection, the President, Mr. 11ebber, advised that he has already had the City Attorney prepare such an Ordinance for Council's consideration and if is the wish of Council he would have the City Clerk read the Ordinance at this time.J After a discussion of the ~atter, and the members of Council expressir~ thei desire that the Ordinance be read, the City Clerk read same; ~hereupon, Mr. Young offered the follou, tng as an emergency measure: (#11927) AN ORDINAI~E tom mend and reordain Section ll, of Chapter 7, of the Code of the City of Roanoke, in relation to office hours and holidays, as amended by Ordinance No. 11832~ adopted by the Council on the let day of June, 19~3; and lng for an emergency. (For full text of Ordinance, see Ordinance Book No. 20~ Page 6.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Minton and adopted By the following vote: AYES: Council members Hanes, Minton, Pickett, ~laldrop, Woody, Young, and the President, Mr. ~febber ............. NAYS: None ................ O. With further reference to the matter, Mr. Woody offered the following Ordinance as an emergency measure in connection uith vacation leave: ii (#11928) AN ORDINM~CE to amend and reordain Section 13, Chapter 7, of the Ci iiCodet as amended, relating to vacations, sick leave and military leave for officers [and employees of the City of Roanoke~ Virginia; and providing for an emergency. ii (For full text of Ordinance, see Ordinance Book No. 20, Page 7.) .iHrs. Mr. Woody moved the adoption of the Ordinance. The motion sas seconded by Pickett and adopted by the following vote: AYES~ Council members Hanes~ Elnton~ Pickett, %~ldrop~Wood¥~ Youngt and the PresXdent, ~Ir. Webber .......... ?. NAYS: None ................ O. There being no further business, Council adjourned. APPROVED · ~ President 421 ' 4.22 COUNCIL, P~ULAR. ~TIN(~, Monday, September 14, 19~3 The Council of the City of Roanoke ~et in regular ~eeting in the Circuit Court Room in the ~unfeipal Building, Monday', September 14, 19~3, at 2tO0 o'clock, p. m., the regular meeting hour, with the President, ~r. Webber, presiding. PRESF~Tt Council members Banes, Minton, Pickett, Waldrop, Woody, young, and the President, Hr. Webber ............. 7. ABSENT I None .................. O. OFFICERS PRESENTt Hr. Arthur 5. Owens, City Manager, and Mr. W. F. Criggs i representing Hr. Harry R. Yates, City Auditor. The meeting was opened with a prayer by the Reverend William A. Parker, Jr., 'iAssistant Pastor of the Grandin Court Baptist Church. HINUTES~ Copy of the minutes of the regular meeting held on Monday, August 24, 19~3, having been furnished each member of Council, upon motion of Hr. Woody, seconded by Mr. Young and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. I~XARIRO OF CITIZENS UPON PUBLIC MATTERS~ WATER DEPARTMENT~ Pursuant to a Request for ~uotation issued by the Purchasing Agent on four new trucks for use in the Water Department, said bids to be received 'by; the Purchasing Agent until 2100 oeclock, p. m., Monday, September 14, 19~3, and to be opened before the Council of the City of Roanoke at that hour, the President, Mr. Webber, asked if there was anyone present who did not fully understand the :Request for ~uotation, if there was anyone present who had been denied the privllegeil ; of bidding, or if there were any questions anyone would like to ask, and no represen~a- [ tive present raising any question, the President instructed the Clerk to proceed with i the opening of the six bids received on the trucks. The bids having been opened and publicly read before Council, Mr. Young ~! offered the following Resolutions (#11929) A RESOLUTION referring bids on furnishing the City of Roanoke Water ; Department four new trucks to a committee composed of Mr. Arthur S. Owens, City [iRanager, Chairman, Hr. G. H. Ruston, Acting P~nager of the Water Department, Mr. Joh ilL. Wentworth, Director of Public Works, and Mr. R. B. Moss, Purchasing Agent, for ta~ulation and report to the Council of the City of Roanoke at its next regular meeting on Monday, September 21, (For full text of Resolution, see Ordinance Book No. 20, Page 10.) Mr. Young moved the adoption of the Resolt~tion. The motion was seconded by !Hr. Waldrop and adopted by the following votes AYESI Council members Hanes, Minton, Pickett, Waldrop, Wo~dy, Young, and the President, Mr. Webber ............. NA¥Ss None ................ O. PETITIONS AND COMMUNICATIONS1 STADIUM-MAHER FIELDs A communication from Mr. J. H. Fallwell, President, Roanoke Fair, Incorporated, advising that the organization would like to rent Maher Field for the period from August ~0 through September 4, 19~4, with the option of shifting this date one week earlier or one week later, for the purpose of holding it annual fair, on the same terms and conditions as contained in the contract fOr 19f~3, iwas before Council. .423 On motion of Mr, Valdrop~ seconded by Hr, Woody and mmnimously adopted~ action on the request was deferred until the next regular meetin~ of Council~ the City Manager in the leantime to furnish the body the a~ount of net receipts paid b~ Roanoke Fair, Incorporated, under the 19~3 contract. STReeT IMPROV~HENTSI A petition si[ned by ten property owners askin~ that some action he taken to have Gillette Avenue and Pleasant Road, S. Eo~ ~raveled and oiled or that the street he paved, was before Council. On motion of Hr. Mlnton~ seconded by Mr. Youn~ and unanimously adopted, the request for improvements was referred to the City Manager for disposition. SEWAGE DISPOSALs A co~munication from Mr. ¥. Frank Chaperon, Town Manager, Salem, Virginia, to,ether with copy of a Resolution adopted by the Council of the Town of Salen at its regular meeting on September 8, 19~3, authorlsin~ and direct- ln~ the Attorney for the Town of Salem to Jointly prepare with the Attorney for the City of Roanoke a written contract in the ~atter of the City of Roanoke treating~ at its sewage disposal plant, certain wastes originating within the corporate limit~ of the Town of Salem, was before Council. On ~otion of Hr. Young, seconded by Hr. Woody and unanimously adopted, the communication and resolution were filed. RE~ORTS OF OFFICERS~ STREET IMPRO¥FFRENTS-STATE RIOI~AYS WITHIN CITY LIMITS~ Council havin~ at its meeting of July 27, 19~.3, a~ain referred back to the City Manager the matter of further negottatin~ with the property owners of land abutting on Cove Road, N. with reference to the donation of land for widening of the street in exchange for curb, gutter and sidewalk, he submitted written communication from the Director of Public Works and the City Engineer advising that out of a total of thirty-two property owners twenty-three have signed an agreement to the effect that they will donate land in exchange for Sidewalk, curb and ~utter, three have indicated they will not donate land, three have indicated they will sign for additional considera-~ tion, two will not comet themselves in any way and there is no definite answer from one owner; also, advising that construction costs will be approximately $106,480.00 and costs for purchase of right-of-way approximately $1~000.00, making a total of $118,480.00, to§ether with the followin~ reportl "Roanoke ~ Virginia September 14, 19~ To The City Council Roanoke, Virginia ' I am attaching hereto a final survey of the Cove Road wldenir~. It would appear that the construction 'cost plus the offer of Jackson C. Summers and Henry C. Giles will approach $90,000.00. In addition, Council must consider the fact that, obviously, to secure all the land, the City may have to resort to condemnation. Therefore, I would certainly estimate at least a 20 per cent cost increase to take care of the imponderables. Respectfully submitted, (Signed) ]~rthur S. Owens City Manager' After a discussion of the matter, Mr. Young moved that the City Manager be instructed to contact the Virginia Department of Highways to ascertain if there are funds available for the improvin~ and rebuilding of Cove Road on condition that the city provide the necessary right-of-way. The motion was seconded by Hr. Minton and unanimously adopted. ::424 AIRPORTI ~he City J~nager presented the follovinf report vith reference to rental of tva rooms in the Cannaday Rouse at the Roanoke )(unieipal Airport, and recommended that tho rooms be rented~ "Roanoke, Virginia September 14, 1953 To The City Council Roanoke, ¥1rginla J~embers of City Counctl~ The piedmont Airlines vould like to rent tva rooms in the Cannaday Rouse to be used as a 'crev rest'. These tva room~ formerly rented For $2S.00 each per month. The rooms have been vacant since the ney Airport Administration Buildin~ vas constructed. Respectfully sukmitted, (Signed) Arthur S. Ovens City Hanageru Rt. Woody moved that Council concur in the recommendation of the city Rsnager and that the matter'be reFerre~ to the City Attorney to prepare the proper measure authorizing the rental o£ the tva rooms at $25.00 per month vith a thirty day recapture clr. use. The motion vas seconded by Hr. Waldrop and unanimously adopl STATR HIGHWAYS ~ITHIN CITY LIHITS~ The City Hanager suhuitted ~ritten raper in connection vith the vldening of Bent Hountain Road together vlth the follovin~ letter From Hr. W. F. Smith, Urban Engineer, Department of Blghvay$~ *September 3, 19~3 Intersection of Route 221 south of Cave Springs to W.C.L. Roanoke Roanoke County Hr. Arthur S. Ovens City ~anager Roanoke, Virginia Dear Hr. V~ens* A proposed Federal-Aid secondary project covers the above described county route of approximately 2-3/4 miles in length. About one mile Is along the S.C.L. of Roanoke vhich is Fifteen Feet From the center line of the present road. A right of vay width of 80 Feet is required vhich makes this project similar to that on the Rershberger Road. On your city map this project is indicated as on the 'Bent Rountain Road* vhich extends vithin the city as Colonial Avenue. Surveys have been completed and the defined city line is nov being put on the plans~ prior to requesting your participation in the right of vay only. The city ~111 not be requested to participate in the construction costs. This ln£ormation is in advance to give you an opportunity to study the proposition vhich appears to be of considerable importance to the city. Sincerely yours, (Signed) ~. F. Smith Urban Engineer* In this connection, the City Hanager recommended that he be given authority to ascertain the cost to the city in this conne~tion; vhereupon, Hr. Rim,on moved that Council concur in the recommendation of the City Hanager and that he be instruc to proceed ~lth ascertaining the cost to the city For participation in this project. The motion vas seconded by Hr. Young and unanimously adopted. WAT.~ DEPARTHE~Tz Council at its meeting of August 10, 19~3, having reFerre to the City )~armger the question of ~urnishing more adequate rater service to the Blue Ridge Reights section east of Vinton and to make a study of the requirements to supply the area From the standpoint of costs, etc., he Suhaitted ~ritten report together ~lth the Following communication From the Acting Hanager off the ~ater Department* uSeptember 4, 1953 TOt Arthur B. Owens FROHt 0. H. Buston 8U~ECTt Yater System to Blue Rldle Heights, Area FAst of VJnton I ~ at~chinE bare. th elfht prints sh~lM a pro~s~ ~teF system into this area t~t ~d ~et the suMivlsion re~ire~nts vit~n the corporate ll~t8 oF the C~ty of Ro~oke. You rill note t~t t~re are some 2u ~i~ on tho pl~ ~lch are in direct violation of ~le ~ ~ieh applies to areas ~yo~ the corporate limitsj a~ oF co. se, tho Blue Rldle HeiKhts Area Is ~yo~ the corporate ll~ts. Ho~vero In the ~ite~~ opinionj this system ~ld ~ ~lte ade~ate fr~ the sta~point of fire protection as wll as d~sttc ~ter service. ~e follovi~ Is a 8~ry of tho esti~ted lenft~, sizeso ~d est~ted cost off the a~ve mentlon~ systemz ~ of 8u ~ln ~ $3.~ 4~0~ of 6u ~in ~ S3.~ 14,5~.~ 3116~ of 2" ~tn ~ $1.~ 4~6~.~ 76 services ~ ,eters ~ $70.~ Total Rsti~t~ Cost lllonnce of $7~.~ for 76 cust~ers TOTAL ~T ~TI~TED COST ~ou viii recall t~t on April 23, 19~, ~. Fr~ Stiff, C~lm of the Vater Co~ittee for Blue Ridge ~ishts, suhitted to us a pro~sal vhich briefly stat~ t~t if the City of Ro~oke vould relin~ish these custoaers, tht the To~ of Vlnton ~ld take over the supplyl~ of nter to this area ~en the customers ~lthin the area ~d paid for lnstallin~ approximtely ~0' of 6' ~in from the existtn~ 10~ ~in on Vater R~d up to Virginia State Hiihuy lo. 24, a~ also pay for the lns~llation of the services ad meters to each ~use In the area. ~e estl~ted cost of this ~rk at t~t time ns $6,~7~.~. The ~ite roughly checks this fibre even at tMs date, ~t doesn*t ~lieve t~t this vere done t~t service into the area ~uld ~ ~terially helped ~cause of the smllness of the mens do~ the various streets. The To~ of Vinton, havl~ additio~l 4' ~ins on the vest edie of ' the area, c~ld pro~bly ~ke this syste~ of more ~nefit to the area the City of Roanoke. This area ~s ~en ~t to great inconvenience d~l~ the ~st dry season, ~d I ~ attachl~ a pressure art t~t us lns~lled at the residence of ~. ~o~ ~. ~, 1010 Jeanette A~nue, ~lch Is l~lcative ofl ~e press~e at quite a fe~ of the houses tn the area. ~e ~ter co~ers in the area ~ve nov ~id their ~ck ~d current bills, a~ are ~turally looking forurd to soae satisfactory per~nent solution to their problem. ~e proposed uter system, as sho~ on the attached prints, vould have to ~ve approval of City Co~cll as they are in violation of our existing ~les and re,largos; a~ shoed they ~ approved the ~lter ~s no kn~l~ge as to vhether or not the cons~ers in the area ~uld agree to the expendit~e of such a s~, as the cost vould ~ approximtely $265.~ In s~y, I see four alter~tives vhich I am listing l. A system as sho~ on at~ch~ plan costing approximtely 2. Foli~ ~le 26 (notM~ less t~n 6' ~in) to the letter, ~ich ~d cost approximtely $24,~0.~. 3. ~urn the area over to Vtnton as per proposal of April ~, 1953. 4. Continue In the status ~o ~til litigation In the Vlnton rate case Is flmlly determin~. It Is atici~ted t~t tMs viii trapire soaetime this fall. (Sign~) G~~ In a discussion of the mtter, ~. Y~g stated t~t he feels no action shoed ~ taken ~til after the Vlnton uter rate case nov pendi~ In co~t is settled and t~t If the co~t a~rds Roanoke a fair rate for Its nter sold to Vlnton he viii ~ inclined to turn the custoaers over to the To~ of Vlnton. After a Mther discussion of the mtter, ~. Hlnton moved t~t the City ~a~ger ~ requested to comer vith the residents of the area ad see if they ~11 ~er~tte the cost of the project as provided In ~e ~ of the Sules ad Reg~a- tio~ of the rater ~rtment ~d ~come uter c~toaers of the city payl~ the 2~g more t~ city custaers. ~e motion us seco~ by ~. ~aldrop a~ ~nimously adopted. BUD~Ff-CITY JAIL! The City Manager suheitted written report together a coemun~cation fro~ the City Sergeant requestin~ that the balance of $484.90 left in his account for the purchase of a refrigerator he added to the $675.00 already appropriated in his budget for a washln~ -*chine in order that both a washing machine and an extractor may be purchased for use in the City Jail. The City Manager recommended that Council authorize the purchase of both the washin~ machine and the extractor contingent upon the approval of the State Comper~ation Boardl vhereupon, Mr. Hlnton moved that Council concur in the dation of the City Hanager and offered the follovin~ Resolution! (~119~0) A RESOLUTION authorizing the expenditure of $484.90 from the unexpended balance of the appropriation of $1,9-~0.00 for one refrigerator in the rail account under Section ~143, mDepartmental Equipment and Improvements~, of the 19~3 Budget Ordinance, in addition to the appropriation of $67-~.00 for one washing machine in the Jail account, to cover the total cost of said washin~ machine, and providin~ for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 10.) Mr. Hlnton moved the adoption o£ the Resolution. The motion was seconded by Mr. Yaldrop and adopted by the following votes AYESs Council members Hanes, Ninton, Pickett, Valdrop, Woody, Youngt and the President, Hr. Webber ............ 7. NAYS~ None ................... O. BUDOET-JIWENILE AND DOMESTIC RELATIONS COURTt The City Manager submitted written report together with a communication from Judge K. A. Pater Judge of the Juvenile and Domestie Relations Court, requesting that $75.00 be transferred from the Psychiatric Examinations account to the Stationery and Office Supplies account in his budget. Mrs. Pickett moved that Council concur in the request and offered the following emergency Ordinance transferring the (#11931) AN ORDINANCE to amend and reordain Section ~-~, "Juvenile and Domestic Relations Court", o£ the 1953 Budget Ordinance~ and providing for an (For full text of Ordinance, see Ordinance Book No. ~0, l~age 11o) Hfs. Pickett moved the adoption of the Ordinance. The motion was seconded by Hr. ]41nton and adopted by the following vote~ AYES~ Council members Hanes, Hlnton~ Pickett, Waldrop, Woody~ Young, and the President~ Mr. Webber ............. 7. NAYSz None .................... O. BUDGET-BEALTH DEPARTHENT~ The City Manager submitted written report togethe~ with a communication from Dr. Charles ]4. Irvin, Aching Com~tssioner of Health, requesting that $~0.00 be transferred from the General Supplles account to the Stationery and Office Supplies account in his budget in order that sufficient suppl: may be purchased for the remainder of 19~. Mr. Waldrop moved that Council concur in the request and offered the follow. lng emergency Ordinance transferring the (~11932) AN OI~DINANCE to amend and reordain Section ~40, #Health of the 1983 Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. ~0, Page 11.) 427 Hr. Valdrop noved the adoption of the Ordinance. The notion~as seeonded by Hr. Young and adopted by the follovlng voter A~St Council members Hanest ~lnton, Pickett, Valdrop, Woo~yt Youngt and the i'residentt Nfo Webber ............... 7. NAYS! None ...................... Oo BUI~ET-DEPA~ OF PUBLIC ~OP~SI The City~anager submitted vritten report together vith a communication from Hr. John L. Wentworth, Director of Public Workst requesting that $3~000.00 be transferred from the ~aterlals account under Section ~83t "Bridge Repair#t to the Haterials account u~er Section ~82, #Street Signs and ~arkings,t of the 19~3 Budget . In a discussion of the mattert Hr. Young called attention to the £~ct ttmt the bill for repairs to the First Street ~rl~ge has not ~en rer~ered and that this bill Is unpaid he £eels no action shoul~ ~e taken untll a further study has been ~ade as to vhat the true status or the accoun~ is. On motion of Hr. ~'aldrop, seconded by Hr. Young and unanimously adopted, action on the request ~as deferred £or one veeE. REPORTSI The City Hanager suY~nltted vrltten reports from the City Harket, the Department of Building and Plunblng Inspection, the Electrical Department and the Purchasing Department for the month of August, 19~3; alsot reports from the Department of Parks and Recreation, the Department of Public k~orks, the Health Department and the Police Department for the month of Julyt 195~, and from the Department of Air Pollution Control for the months of Hay and June, 1953. The reports ~ere filed. CITY FI~YSICIAR~ The City Hanager sut~ltted ~rltten report fro~ the City Physician for the month of August~ 1983, shoving 659 office calls and 605 prescrip- tions filled as compared vith 610 office calls and 612 prescriptions filled for the month o£ August, 1952. The report ~as filled. FIRE DEPART~NT~ The City Eanager submitted the following report on changes in the personnel of the Fire Department~ ~Roanoke, Virginia September 14, To The City Council ~oanoke~ Virginia Hembers of Councll~ I irish to report the following changes In the personnel of the Fire Department~ Jefferson R. Eesler rill retire, effective October 1, 1953. Donald Ray Barbour employed as First Year Private, effective September It 1953. Guy Everhart Zl~erman employed as First Year Private, effective September 16~ 1953. Respect£ully submltted~ (Signed) Arthur S. Ovens Clty ~Anager" The report ~as filed. REPORTS OF CO~ITTEES~ None. UNFINISUBD BUSII~SSs TI~qFFIC~ Council at its last n~gular meeting having taken under advisement the reco~endation of the Traffic Department that the city prohitit parking at all times on the east side of Commonwealth Avenue, Fourth Street and Wllliamson Rnad~ from Veils Avenue to Truman Avenue, and that the city prohibit par~in~ at a/X times on the vest eide of Co~on~ealth Avenues Fourth Street and ~i~i~on Road, fr~ ~ells Ave~e to 0~1~ ~levard, the ~tter ~s again ~fore t~ In this co~ection, the C~ty ~Ker su~itt~ a supplemen~ry report from the Super~nte~ent of ~l~ce lnc~l~ the follo~ reco~ations~ el. T~t the City O~ Ro~o~e ~e~e t~e co~t~c~lon or necessary c~bl~, slde~ao ~ cross-overs In the ~ex~ ~t of Wllliamson Road ~ere necessary to do so ~ t~t in lieu thereof, t~t present cross-overs t~t ~y ~ declared d~erous ~ closed by pl~tin~ ral~ ~rriers so as to de~ access by vetches. 2. It ~s ~en conclusively fo~ t~ou~h study t~t the ~rkl~ ~bits of c~b ~rkers alo~ C~on~alth Avenue~ Forth Street ~d R~d ~eet the us~l ~ttern of ~ployee rather t~n customer, U~er such a condition It is not dee~ necessary t~t ~y ~rther delay taken In plac~n~ the restrlctio~ into effect t~t ~ve ~en previously ~de concernl~ this artery. 3. T~t the ~y concer~ on ~llll~on R~d t~t ~ve provided adequate off-street ~rkin~ facilities flor their employees a~ custo~rs ~ co~e~ed for their action a~ t~t the ~rther development o~ off- street facilities by private concer~ In this area ~ encourage,' ~lth ~rther reference to the ~tter~ P~. C~rles D, Fox~ Jr.~ Attorney, and ~:~. ~llll~ A. Jarrett, repre$entin~ the Jo~son-HcRe~olds Chevrolet Cor~ration, ~appeared ~fore Co~cil, ~. Jarrett advl~ that he def~nitely feels t~t to take ~parkin~ offff ~lllia~on Road ~uld ~ detrimental to ~sines$ alon~ the road and t~t he ~uld like for Co. oil to take some other steps to s~eed up the flo~ of traffic ~rather t~n prohibiti~ parkl~ at all times. ~. Fox stat~ that the employees of Jo~son-HcReynolds Chevrolet Corporatio] do not park on ~llll~on Road, t~t a lot Is provided In the rear of the Business 'and t~t iff parkin~ ~s to ~ taken off~ ~illi~on ~o~d he feels t~t It should ~done only at the peak hour~ oF traffffic ~ovement. After a discussion off the problem and oF the reports su~ltted~ ~. ~aldrop ~moved that since this is an important progr~ ~d should ~ studiO, t~t the ~tter ~be carried over for one ~ek. The motion~s seconded bye. ~oody and ~animou~ly ~adopted. Also In tM$ co~ection, ~. Yo~ ~oved that the City ~na~er ~ requested to institute through the Traffic ~partment a study as ~o ~t ~neFlt the city ~ould ~ain by prohibitin~ parki~ on the ~est side off Co~onvealth A~enve, F~rth Street ~ ~llli~on Road~ fro~ ~ells Avenue to the corporate limits, ~t~een the hours of 7~ o~clock~ a. m.~ to 9t~ o~clo~ a. ~.~ ~d on the east s~de of the sa~e streets ~t~een the hours off ~ o~clock~ p. m.'~ to 7~ o~clock~ p. m.~ or ~hatever the peak h~rs are and to report ~ck to C~nc~l.. ~e motion ~s seconded ;~ ~. Hinton and ~im~sly adopted. At this point, ~. H~es asked the C~ty ~nager ~t, Iff any, fl~res ~ere ~avallable t~t he could zlve Co~cil as to parkl~ oF cars near schools in the ~illi~on Road area in relation to accid~nts lnvolvl~ school children. The Clty~ger advi$~ t~t he ~d check ~nto the ~tter. ~I~ING CODEz Co. oil ~vin~ at its last ~eetl~ carried o~er the ~tter of appoin~ent off ~e~rs to the Board of Appeal as provided ~ Section 108 off the ne~ ~ild~nz C~e, the ~tter ~s a~ain ~fore the After a ~rieff discussion off the ~tter, the City Clerk.s ~equested to ~nish each member of C~cil ~th a copy of the ne~ ~lldin~ C~e ~d t~t the ~tter ~ placed on the agenda for Septem~r 21~ CONSID~TION OF C~ None, I~fRODUCTION AND CONSIDERATION OF ORDINANCES AND P~SOLUTIONSI SALE OF PHOP~RTYt Council havin~ at its last regular ~eeting requested the City Attorney to prepare proper Ordinance authorizin~ the sale of a city o~ned lot knovn as Lot No. 19, Block 3, S. Po No Hiller Hapt for the su~ of S187o~Onet cash he presented sa~ei ~nereupont Hr. Woody moved that the following Ordinance be upon its first reading. The motion vas seconded by Hr. Hlnton and adopted by the followin~ votel AYES~ Council menbers Hanes~ Hlnton, Pickett, ~aldrop, ~oody, Young~ and the President, Hr. Yebber .............. 7. HAYS~ None ..................... O. (~11933) AN ORDINANCE providing for the sale of Lot 19, Block 3, S. P. R. Hiller Hap, to James H. Claytor, Sr., at a net consideration of $187.~0 cash; and authorizing the execution and delivery of a deed therefor. I¢IIF. REAS, James H. Claytor, Sr., has made an offer to purchase the hereinafter described lot from the City for $187.~0 cash, provided he can also purchase an adJo n- lng lot o~aed by one Susan Harvey, and ~?.tS, a co~mittee composed of the City Hanager, the City Auditor and the City Attorney, has personally inspected said lot and recommended the acceptance of said offer, and ~REAS~ this Council concurs in the recom~endation of the aforesaid committee. T~FORE, BE IT OBDAI~D by the Council of the City of Roanoke as 1. That sale be made by the City of Roanoke to James H. Claytor, Sro~ or to ~hom~oever he may direct, of that certain lot located in the City of Boanoke and described as Lot 19, Block 3, So P. H. Hiller Hap, at the net consideration of $157.~0 cash. 2. That the proper City officials be, and they are hereby authorized and directed, for and on behalf of the City, to execute and deliver a proper deed, to be prepared by the City Attorney, conveying with S~ECIAL WARRAN~ of title, the above described real estate to the proposed purchaser, and to deliver the same, properly executed, upon receipt of the net cash consideration. The Ordinance having been read, ~as laid over. BUDGR?-BRPARTHENT OF PUBLIC ~ELFAI~z Council having requested the City Attorney to prepare proper Resolution tentatively approving the biennial estimates of anticipated welfare needs for the City of Roanoke for the years 1955 and 19~, he presented same; whereupon, Hr. Young offered the followin~ Resolution~ (~11~4) A RESOLUTIO~ tentatively approving the biennial estimates of anticipated velfare needs o£ the City of Roanoke and the an~icipated financial requirements to cover the cost thereof for the fiscal years ending June ~0, June ~0, 19~6, as prepared by the local Director of Public Welfare~ expressing this Council's present purpose regarding the making of ~uture welfare appropriations~ authorizing the City Hanager a~l the City Clerk to sign an attested copy of the aforesaid biennial budget estimate and directing the Director of Public Welfare to mail the same, together with an attested copy of this resolution, to the Director of the Departaent of Public ~elfare and Institutions for the Commonvealth of Virginia. (For full text of Resolution, see Ordinance Rook No. 20, Page 12.) 429 430 Mr. ¥oun[ moved the adoption of the Resolution. The lotion vis seconded by Mr. Hanes and adopted by the followln~ votel ANI Council members Hanes, l~/ntont Picketg~ Yaldrop, Wood7~ Youn~s and the President, I~r. Webber ............ 7. NAYS1 None .................. -O'. I~OTION.~ AND 14]SC~LLAN~OUS BU~II~.~t S?ADI~I 'l~r. ¥oun~ bro~[ht to the attention of Council ~nd the City I~ana[er the need for an addittonal exit [ate on the Jefferson Street side of ~aher Field In order that spectators ,~y [et aut of the [rounds more quickly after events are In th~s co~ection, the ~esidente Mr. Web. r, ~t~ he ~d observed t~t one ~ate re~ln~ lock~ and ~y spec~tors ~d to ~lk ~lte a distance to ~et ~t of the 2ro~ds. The City ~er adv~s~ t~t the ~tter off providfn~ ade~ate ex,ts ~s the responsibility of the lessee ~t t~t he rill see to ~t t~t another ~ate ~, Yo~i moved t~t the City ~le~ ~ requested to p=ovide ~ additional ~ate at least ten feet ~de on the Jefferson Street side of ~her Field for an exit and to see t~t the Eates are o~ned after events a~e ove~. ~he ~otion ~s second~ by ~. ~aldrop and ~ani~ously adopted. ~, ~aldrop co~ented t~t the pontoon b~ld~e ~ilt across Hoanoke Hlve~ by the Harine Reserve Unit ~s rendered a real service to patrons usl~ ~he~ Field ~t tha~ there is a need fo~ an additional b~ld~e to adeq~tely ~ndle the cro~, There ~l~ no ~the~ ~siness~ C~cil adjourned. APPROYED COUNCIL, RF~ULAR HF~TING, Honday, September 21, 19~3. 431 The Council of the Clty of Roanoke met In regular meetin~ in the Circuit Court Room in the Municipal Building, Monday, September 21, 19~3, at 2100 o~clock, p. m., the regular meeting hour, with the President, Mr. Webber, presiding. PRESENT~ Council members Hanes, Minton, Pickett, ~aldrop, ¥oody, Youngt and the President, Hr. ~ebber ............. 7. AI~ENT ~ None .................. O. OFFICERS ~RESENTI Hr. Arthur S. O~ens, City Manager, Hr. Randolph G. ~lttl., City Attorney, and Mr. Harry R. Yates, City Auditor. The meeting vas opened with a prayer by the Reverend Charles A. Jolly, Pastor of Yaverly Place Baptist Church. MINUTESt Copy of the minutes of the Special Meeting held on Monday, August SI, 19~, and the Adjourned Regular Meeting held on ~ueeday, September 8, having been f~rnished each member of Council, upon motion of Mr. Minton, seconded by Hrs. Pickett and unanimously adopted, the reading vas disl~ensed vith and the minutes approved as recorded. HEAHIRG OF CITIZENS UPON ~UBLIC MATTERSs ACADEMY OF HUSICt Bursuant to advertisement for bids for the rental of city property knovn as the former Academy of Music ~uilding site on a month to month basis, said bids to ~ received By the Furchesing AEent ~ntil 2~00 oeclock, p. m., Monday, September 21, 1~5~ and to be opened before the Council of the City of ~oanoke at that hours the President~ Rt. ~hbere asked if there vas anyone present vho did not l~l~yunderstand the advertisement, 1£ there vas anyone present vho had been denied the privilege of bidding, or if there vere any questions anyone ~ould like to ask, and no one present raising any question, the President instructsd the Clerk to proceed vith the opening of the t~o bids received. Thc bids having been opened and p~blicly read before Council, Mr. ~oedy voiced the opinion that the bid sul~nitted by Magic City Motor Corporation offering $100.00 per month for the lot is the best bid in the interest of the city and ~ove~i that the bid ~e accepted and that the City Attorney be instructed to prepare the proper measttre accepting the proposal for the next regular meeting of Council. The motion vas seconded by Mr. Young and unanimously adopted. FIRE PROTECTION: Notice of a p~blic hearing on a proposed Ordinance govern] the storage and sale of fixed, hie liquids havin~ been published in the Roanoke ~orld-Nevs settin~ the time of the hearing at 2:00 otclock, p. m., Monday~ September 21, 19~, the matter was before Council. The proposed draft of Ordinance vas read in ~ull, the only section qvestiored being Section 12, Service Stations, S~bsection (c), the second paragraph, covering the dispensing of Class I flammable liquids into the fuel tanks of a vehicle or In this connection, Hr. J. Le~ls Hogans representing a delegation off service station operators, appeared b~fore Council and stated that the Ordinance as read would prohibit the ~se of automatic nozzles at service stations and requested that this section be changed to alloy the use of automatic nozzles, advising that the nozzles have been used in the City of Roanoke for several years and that operators of stations believe they are safe. 432 After a discussion as to the safety of the nozzles with the Chief of the Fire l)e~artment and other operators of service stations~ Hr. Waldrop noved that the follovin~ peragrapht 'The dispeusin~ of Class I fla~able liquids into the fuel tank-of a vehicle or container shall at all times be under the ~anual control of a competent person, The use of any device ~d~lch per. its the dispensing of Class I flag.able liquids~ ~ncn the hand of the ' operator of the discharge nozzle is removed from the nozzle control lever, shall not be permitted. The installation and use of coin- operated dispensing devices for Class I flag.able liquids is prohibited.' be amended to read as follo~s~ #The dispensing of Class I fla~able liquids into the fuel tank of a vehicle or container shall at all times be under the supervision of a competent person. **** The installation and use of coin-operated dispensin~ devices for Class I fixable liquids is prohibited.# ~he notion ~as seconded by Hr. ¥oody and unanimously adopted. With further reference to the ~atter, Hr. Young raised the question of ' clarifying the tables in the proposed Ordinance, especially Table No. 2 relating to location of aboveground tank for storage of flammable liquids, and moved that the City Attorney be requested to study the tables as set out in the proposed Ordinance to see if they can be clarified. The motion ~as seconded by Hr. Woody and unanimously adopted. After a lengthy discussion of the proposed Ordinance, and everyone present having been given an opportunity to be heard, Hro ~aldrop moved that the draft of Ordinance be referred to the City Hanager and the City Attorney to draft the properl Ordinance~ vith suggested changes, for the next regular meeting of Council. The motion ~as seconded by fir. Woody and unanimously adopted. STI~EETS AND ALLEYS~ Notice of a public hearing on an application to Councili[ to vacate, discontinue and close a 10 foot alley vithin the block bounded by Hanove~ Avenue, Tventy-fifth Street~ Helrose Avenue and Lafayette Boulevard, H. W., for a distance of approximately 166.81 feet from Hanover Avenue, having been published in the Roanoke ~'orld-Nevs, setting the time of the hearing at 2~15 o~clock, p. m., Honday, September 21, 1953, the matter vas before the body. In this connection, Y2. Jack B. Coulter, Attorney for the petitioners, appeared before Council for and on behalf of the closing of the alley. Also in this connection, Hfs. Iona P. Cumbie, 2509 Helrose Avenue~ N. appeared before Council and stated that she does not object to the closing of the alley provided it does not close that part nov serving the rear of her property, Hrs. Cu~bie being assured that the petitioner is only 'requesting the closing of the unopened portion of the alley and that it ~ill not affect her property. No other persons aplmaring in opposition to the closing of the alley and no commnications having been received on the subject, Hr. Hinton moved that Counci concur in the reco~endation of the City Planning Commission that the alley be closed and that the folloving Ordinance~ as approved by the City Attorney, be place upon its first reading. The motion vas seconded by H~. Hanes and adopted by the folloving vote* AYRS~ Council members Hanes, Hlnton~ Pickett, Waldrop, Woedy, Young, and the President, Hr. Webber ............... 7. NAYS~ None ..................... -O; (#11935) AN ORDINANCE vacating, discontinuing and closing a portion of a certain unopened~ ungraded, unimproved, and unused portion of a 10 foot vide alley 433 -in the north*est section of the City of Roanoke~ Virginia, betveen Hanover Avenue and 25th Street, ~hich runs generally parallel ~lth Helrose Avenue, and is herein- after more particularly described. ~/ERFAS, Yalter H. Allen and Anne Allen have presented to Council a ~ritten inatru~ent dated August 31,.1953, by and betveen themselves and Cora Co POrter,. Iona P. Ctmbie, Nannie H. Byrd and R. L. Byrd, her husband, Wiley F. Wills and Hary Fannie Wills, husband and vile, Ro B. Adams and Rol~an Willis, Jr., Trustees, and Hountaln Trust Bank, a Virginia corporation, and English Sho~lter, sole acting trustee, and The Colonial-A~erican National Hank of Roanoke, a Virginia corporation signedt sealed, and acknovledged by said parties in accordance ~lth the pro~isions of Section 15-766.1 of the Code of Vlrginiaof 1950, as amendod, these parties being all the ovners, including lien creditors, of property abutting said alley betveen Hanover Avenue and RSth Street, and ~IERFAS, the aforesaid portion of said alley has never been opened, graded, improved, or use~ as an alley, and ~IERRAS, the vacation of said portion of said alley does not abridge or destroy any rights of the property o~ners, includin§ lien creditors, vithin the bounds of the block in ~nich said portion of said alley is located inasmuch as the ovners of the other properties in said alley have never had access to their propert!es thereby and no need exists for such use as a means of egress or ingress to and from.' their properties, and ~tERgA$, no inconvenience to the public vould result from permanently vacating, discontinuing, and closing said portion of said alley, and ~/tlERFAS, the request for the closing of said portion of said alley has been! considered and approved by the Planning Co~lsslon for the City of Roanoke, and ~IEHFAS, the Engineering Department of the City of Roanoke has indicated th t there ls no need for an easement or reservation for drain 'or for other public utility purposes over said portions of said alley, and ~/ERFAS, after due notice a public hearing vas called and held before the Council of the City of Roanoke on September 21, 1953, at vhich hearing no objection vas heard, and ~/ERFAS, under the provisions of Section 15-766.1 of the Ccde of Virginia of 1950, as amended, the said'portion of said alley nmy be permanently vacated, discontinued, and closed by the filing for' record of a ~r~ltten agreement entered into by all parties having an interest therein, providing said agreement has been approved by the governing body of the city in vhich said alley to be vacated is located, and ~EAS~ Walter H. Allen and Anne Allen~ ovners of Lots 1, 2, 3~ 4, 5, 9 an 10, in said block have requested that said portion of said alley be permanently vacated, discontinued and closed and have agreed to bear and defray the coats incident thereto. THEREFORE, BE IT ORDAINED by the Conncil of the City of Roanoke that it officially expresses by this ordinance its approval of the vacating, discontinuing, md closing of the said portion of said alley ~hich is sho~n on the folio*lng plats recorded in the Clerk's Office of the Hustings Court for the City of Roanoke, Virginias (1) Plat of survey of Division No. i in Greenh111 Addition, dated November 19, 1912, prepared by Smith, Bradford & Gilbert, Engineers, in Deed Rook 251, Page 320, (2) Plat of survey of existt~18 conditions of Nelross Avenue, N. ¥., dated June 9, 1993 (plan !!o. 2296 on file in the office Of the Clty-Enslnour)~ in Deed Book 644~ Page (3) Plat sho~rln& survey ~ade for ~ro and Hrs. Yelter H. Allen Of Lots 1 to 5,. inclusivat and Lots 9 and 10 off the Greenhlll Additiont dated June 24~ 19S3~ prepared by C. B. Nalcolm & son, in Deed Book said portion of said alley bain8 more particularly described as fellowes BEOINNIN6 at an old iron pipe sh°vn as Point 1 on the plat sho~in8 survey --de for Hr. and Hrs. Walter 14. Allen of Lots 1 to 5~ inclusive and Lots 9 and 10, of the 6reenhill AdditLon~ by C. B. F. alcolm & Sont S.C.E., dated June 24, 1953, revised August 28t 1953,and attached to the Vacation Agreement dated August N. 81' 29~ W. 195.5 feet fro~ the point of intersection of the ~esterl: side of 25th Street, No !~°~ with the southerly side of Hanover Avenue~ N. Igo~ thence No 81' ~gs We 16.35 feet to Point 2, a steel pin~ thence S. E. 10°0 feet to Point 45 thence No the place of BEGI~IR6~ and being sho~n on the aforesaid plat as #Alley Abandoned BE IT FURTHER ORDAINED that all right, title, and interest of the City of Roanoke and the public~ in and to the said portion of said alley be hereby released insofar as the Council is empowered so to dot and RE IT FURTHER ORDAINED that the City Engineer be, and he is hereby, directs to ~ark ~pEI~Lt~E~rLY VACATED, DISCONTI~'ED~ A~D CLOSEDa on said portion off said alley on all maps and plats on file in the office of the City Engineer of the City of Roanoket Virginia, which show said alley, referring to the book and page of resolutions and ordinances of the Council of the City of Roanoke ~herein this ordinance shall be spread, and referring to the deed book and page number In the Clerk*s Office of the Hustings Court for the City of Roanoke, Virginia, where the aforementioned ~ritten agreement, signed by all abutting property o-~ners, hereinabove more particularly referred to~ is filed for record. BE IT FUR?HF~R ORDAI~ED that the Clerk of this Council deliver to the Clerk of the Hustings Court for the City off Roanoke, Virginia, a copy of this ordinance, in order that said Clerk ~ay make proper notations on all maps and plats recorded in his office upon ~rhich are shoun the said portion of said alley. BE IT FURTRER ORDAINED that the Clerk of this Conncil deliver to Walter Allen and Anne Allen a certified copy of this ordlmance, and that a certified copy of this ordinance be attached to the aforesaid ~r~ltten instru~nent signed by all abutting property o~mers to be filed of record in the Clerk*s Office of the Husting. Court for the City of Roanoke, Virginia. BE IT FURTRER ORDAIhXD that all recording and other costs are to be berne by Walter ~. Allen and Anne Allen. The Ordinance having been read, ~ras laid over. STREETS AND ALLEYS~ Notice of a public hearing on an application to Connci] to vacate, discontinue and close a certain unn~ed and unused street parallel to 'and south of Albemarle Avenue, S. E., beginning at the right of ~ray line of the Virginian Railway and running east with a width of fifty feet to Roanoke River, bounded on the north by a produced (extended) line of Lot 10, Block 5 of the Roanok Land and Improvement Company Hap of 1899t bounded on the north and south by the la of Roanoke Iron and Bridge Works, Incorporated, on the west by the Virginian Railwa~ line, and on the east by Roanoke River, having been published in the Roanoke World-~ Hews, setting the time of the hearing at 2t15 o~clock, p. m.~ Mondayt September 21,. 1953, the ~atter was before the body. In this connectiont Hr. F. Rodney Fitzpatrick, Attorney for the petitioner, the Roanoke Iron and Bridge Works, Incorporated, appeared before Council for and on behalf of the closin~ of the street. No one appearin~ in opposition to the closing o£ the street and no co~ulications having been received on the subject, Hr. ~anes ~oved that Council concur in the reco~endation off the City Planning Co~ission that the street be closed and that the following Ordinance, as approved by the City Attorney, be place upon its first reading. The motion~as seconded by)/r. Young and adopted by the follo~ing votel A~Ss Council members Hanes, Hlnton, Pickett, ~'aldrop, ~oody, Young, and the President, Hr. Vebber ............... 7. NAYSs Rone .............. O. (~11936) AN ORDINANCE vacating, discontinuing ar~l closing a certain unnamed and unused street parallel to the south of Albemarle Avenue, S. E., beginning at the right or,ay line of the Virginian Railway and running east with a width fifty feet to Roanoke River, bounded on the north by a produced (extended) line Lot 10, Block 6 of the Roanoke Land and Improvement Company Nap of 1899, bounded on the north and south by the lands of Roanoke Iron and Bridge ~orks, Inc., on the vest by the Virginian Railway line, and on the east by Roanoke River. %fh~ESEASt Roanoke Iron and Bridge Vorks, Inc., has heretofore filed its petition before Council in accordance with lay, in which petition it requested Council to permanently vacate, discontinue, and close the hereinafter described streett and ~IEREAS~ with said petition Roanoke Iron and Bridge ~'orks, Inc.~ presented to Council a written agreement dated the 15th day of June, ~953~ between itself and the VirginimRailway Company signed and acknowledged by said parties in accordance with the provisions of Section 15-766.1, Code of Virgina - 1950, as anended, which instrument sets forth that the parties thereto are the sole abutting property o~ners to said unnamed street, and petitioned Council to approve said agreement, and %~iEREAS~ it appears from said agreement that the said unnamed street has no~ been used by the public for twenty years or more, that there are no approaches to the said unnamed street other than through the tracks of the Virginian Railway Company and the ~aters of Roanoke River, and krrrEREAS~ Roanoke Iron and Bridge ~'orks, Inc.t and the Virginian Railway Company are the only parties who are or could be interested in the vacation of the said street, there being no other property o~mers in the vicinity ~hoae rights and privileges viii be abridged by a vacation of said unnamed street and no lnconvenien:e to the public ~ould result fro~ the vacation of said street, aed %~IEBEAS~ the only use of said unnamed street ever made by the City of RoanC:e was through the laying of a sever line under some ~ortion of said unnamed street, a~d WHEREAS, the Planning Co~dssion of the City of Roanoke has considered and approved the petition of Roanoke Iron and Bridge ~'orks, Inc.~ to permanently vacatei and close said unnamed street, subject to an easement for the aforementioned sewer line, a~ ~AS, it further appears to Council that the petitioner, Roanoke Iron and Bridge ~'orks, Inc., has agreed to bear and defray the costs incident to this proceeding. 435 436 THEREFORE, BE IT ORDAIK~D by the Council~ of. the City of Roanoke that A certain unnamed and unused street parallel to and south of Albemarle Avenue, So Eo, beginnin~ at the right of ~ay line of The Virginian Railway Conpany and runnin~ east with a vidth of ~0 feet to Roanoke River, bounded on the north by.a produced (extende~ line of Lot 10~ Block 6 of the Roanoke Land and I=provement Company Hap of 1899, bounded on the north and south by the lands of Roanoke Iron and Bridge ~orkst Ino°t on the west by the Virginian Ball~ay Company line, and on the east by Roanoke River, 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 is hereby released insofar as the Council is empovered so to do, the City of Roanoke~ ~ovever, reservir~ unto itself an ease2ent in said property for the sever line therein located and other ~unicipal purposes~ and the rizht of ingress and egress for the ~aintenance, repair and construction of any lines, pipes, etc., now or hereafter used under said easement. BE IT FUHTHI~ ORDAINED that the agreement dated June 15, 1953, by and betveen Roanoke Iron and Bridze ~orks, Inc., end The Virginian Railway Company be and the sa~e is hereby approved by the Council of the City of Roanoke. BE IT FURTHER ORDAINED that the City Engineer be and he is hereby directed to mark "Permanently Vacated, Discontinued, and ClosedH the herein described street on maps and plats on file in the office of the City Engineer of the City off Roanoke. Virginia, on vhich said maps and plats said unnamed street is sho~n, referring to the book and page of Resolutions and Ordinances of the Council of the City of vherein 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, a copy of this Ordinance in order that s~ld Clerk may record same follovinE the recordatlen of the a~reement dated June !5, ]95~, bet~en Roanoke Iron and Bridge Works, Inc., and the Vtr~lnlan Hallway Co~peny, and that said Clerk of the Hustings Court of the City o£ Roanoke ~ay ~ke proper notation on all maps and plats recorded in his said office upon vhi~ are sho~n the said unnamed street herein permanently vacated, discontinued and closed as provided by lay. The Ordinance having been read, vas laid over. PARES AND PLAYGROUNDS~ Hr. John L. Thompson, representing the Raleigh Court Civic League, appeared Before Council and presented a ~ritten reques~ askin~ that Council have prepared a plan for the development of Shrine Hill Park, statin§ that the League feels the park can be developed over a peri°d of five to ten years vitho~ seriously affect~ the city budget and that development of the park is desired and needed. On motion of Hr. ~oody, seconded by Hr. Young and unanimously adopted, the request ~s referred to the City Hans§er for study and to make reco~raendation to Council during the bUdget study after he has conferrod vith the Raleigh Court Civic League, the City Planning Comission and the Roanoke City School Board. PETITIONS AND CO~/I~IICATIONS~ STREETS AND ALLL~S~ A petition signed by tventy-seven residents and propert o~ners of the 3400 and 3500 blocks of Princeton Circle, N. E., asking that the str~ be ~idened and repaired, that $1devalks be provided and that one additional street light be provided in the middle of the 3400 and 3500 blocks, the petition statin§ that the property o~nera in the blocks agree to pay their portion of the sidewalk lnstallation~ vas before Council. 437 On motion of Hr. Waldrop, seconded by HrSo Pickett and unanimo~sly adopted, the petition Vas referred to the City ~anager for study and report to Council. BUDGET-RECREATION DEPARTMF.~ITt A com~nication from the Valley Junior Woman's Club, asking that Council give very careful consideration to the proposed budget of ithe Recreation Department for 1954, and if ak all possible, to approve it as suhaitt !~s before Couhcll. On motion of Hro Young, seconded by Hr. Hlnton and unanimously adopted, the co~mication vas referred to the 1954 budget study. BUDGET-CITY THFASURER~ A co~amnicatton from Hr. C. R. Eennett, City Treasure asking that $2,600.00 be appropriated for the purpose of purchasing a table model, !three drawer, National Cash Register, for use in the Treasurer's office, stating that he has also sent a copy of his request to the State Tax Commissioner, ~as before ~Councll. In a discussion of the matter, the City Auditor stated that one-third of the cost viii be I~rne by the state and in his opinion the new register is needed. On motion of Hr. Hlnton, seconded by }ir. Waldrop and unanimously adopted, action on the request was deferred until after Hr. C. H. Eorrlssett, State Tax Commissioner, has ansvered the request of Hr. Kennett. COtOIISSIONER OF REVENUEr The following com~unlcation from Hr. John H. Hart, Co,~t~issioner of Revenue, in connection with his request that Council members pay a visit to his office, ~as before Council~ "September 18, 1953. To the Honorable Hayor and Hembers of City Council. Lady and Gentlemen~ I have received your reply to my comraunlcation of September 4th, 1953. It does not meet with my expectations of vhat I believe to be the requiremen;s of this situation. The present method of filing and keeping tab on tax-payers both on real and tangible property and to some extent, on licensees, was set up by Council in about the year 1929. It is very thorough, equitable and efficient and incidentally, has cost the City a great deal of money for equipment and in my opinion, to disrupt it in any major particular ~uld result in great expense and a more or less disruption of the City's financial structure for at least the first year. This system is bulky and it would not be practical to exhibit it to Council. Recently there has been some agitation and there is going to be more of this, to substitute certain gadgets ostensibly in the name of efficlencyfUr this present method, either in whole or part. believe that the Council should be better acquainted with the method in use, and one or two members coming casually would not accomplish the purpose I have in mind. I realize that it will be inconvenient and unreasonable to expect Council to visit my office in a body but in view of what I have herein told you, I ask that a co~ittee composed of members of Council be appointed with instructions to report to Council, in view that some member or members be in a position to report, if any, changes in it at any time suggested. If Mr. J. A. Armstrong is elected as your Commissioner of Revenue as of the 1st of January, he tells me that he will be glad to cooperate with Council any way possible and that any device which will help, that will bring about efficiency, if authorized by Council, will merit consideration. Yours truly, (Signed) John H. Hart JOHN M. HART, Commissioner of Revenue" In a discussion of the matter, Mr. Young advised that he does not see how anything can be accomplished at this time by appointing a committee or by visiting the office because of the impending change in the office on the first of the year, that he has not criticized the methods employed in the office nor has he heard any criticism from other members of Council as to the methods and that after the first of the year, if the ~uccessor wants a change in the methods used in the office, Council ~111 possibly do ~ell to have a committee, Hr. Young mov~r~ that the letter be acknowledged end filed. The motion Yes seconded by Hr. Woody end unanimously adopted. COMPL~INTSs A petition signed by sixty-one citizen~ and property o~ners from the ltollins Road area, objecting to the establlehlng of a Junk car and tire lot in the eighteen hundred block of Mollins Road, M. E., vas before Council, On motion ~f Hr. Minton, seconded by Hr. Waldrop and unanimously ad~pted, the petition vas referred to the City Hanager for investigation and report beck to Council. ZONINGs The folloving co~unlcation from the City Planning Commission, vit~ reference to a request fro~ Mrs. Virginia C. Tuck for the rezoning of her property described as Lots 4, 5, 6 and 7, Block 5, Melrose Land Company Map, Official Ho. 2110104, ~ras before Councils "September 1, 1953. The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemens In reply to your letter of April ~0, 1953, referring to the City Planning Co~ission for study, report and recommendation, a petition signed by }irs. Virginia C. Tuck, 1117 Fairfax Avenue, N. ¥., asking that the property described as follovs be rezoned from a General Residence District to a Business Districts Melrose Land Co. Map, Block 5, Lots 4, S, 6 and 7, Official No. 2110104 (Located between Fatrfax and Moorman Avenues and between llth and 12th Streets, N. The Attorney for the petitioner, George I. Vogel, ~as given an opportunity to appear before the Co~uission and present their reasons for the rezoning of said property. The property in question has a residence constructed thereon, and is used for residential purposes. Council's attention is called to the classification of property in the immediate vicinity as indicated on Zone Plan Sheet No. 211, a greater portion of llth Street being zoned as a Business District. In vier of this fact, the Cor~ission feels that there is no need for additional business areas in that section, and that said lots should not be rezonedo The City Planning Co.~ission recommends to City Council that the request of the petitioner to rezone said property to a Business District be denied. Respectfully submitted, (Signed) George Dunglinson, Jr. Chairman." In this connection, the City Clerk advised that he has talked ~rlth Hr. and Mrs. Tuck and that they have asked that a public hearing be held on the request for rezoning. Hr. Hanes moved that the request for a public hearing be granted and that the City Clerk publish proper notice of a public hearing on the request for rezoning to be held at 2~00 o'clock, p. m., Monday, October 19, 1953. The motion vas second~ by Hr. Young and unanimously adopted. gONIR6s The follovtng co~nunication from the City Planning Co~lssion vith reference to a request from Hr. and Hrs. L. B. Trainor asking for the rezoning of their property described as the middle part of Lots 1, 2 and 3, Block S, Melrose Lan( Company Map, Official No. 2110102, vas before Councils "September 1, 19~ The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemens In reply to your letter of May 14, 1953, referring to the City Planning Commission for study, report and recommendation, a communication from Mr. Rcs. L. B. Trainor~ asking that the property described as follows be rezofied from a General Residence District to a Business Dlstrlct, Melrose Land Co. Hap, Block 5, Part of Lots 1, 2 and 3, Official No. 2110102, located at 1125 Fairfax Avenue, N. The Comission has considered this request for rezoning along with requests of adjoining property owners, and is of the opinion that there is no reason to extend the Business District westward fro~ llth Street at this time, particularly in view of the fact that said property is occupied by a residence. The City Planning Commission recommends to City Council that the reque t of the petitioner to rezone said property to a Business District be denied. Respectfully suhattted, (Signed) George Dunglinson, Jr. Chairman.' In this connection, the City Clerk advised that he has talked with Hr. and Rcs. Trainer and that they have asked that a public hearing be held on the request forrezoning. Mr. Waldrop moved that the request for a public hearing be granted and the City Clerk publish proper notice of a public hearing on the request for rezonln~ to be held at 2100 o~clock, p. m., Monday, October 19, 1953. The motion was seconded by Hr. Minton and unanimously adopted. ZONING~ The following communication from the City Planning Coraission with reference to a request from Dr. W. O. Porter, for and on behalf of his sister, Mrs.{ Olive Porter Meyer, asking for the rezonlng of her property described as the easter part of Lots 1, 2 and S, Block S, Melrose Land Company Hap, Official No. 2110103, was before Council~ "September 1, 1953. The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlement In reply to your letter of May 14, 1953, referring to the City Planning Commission for study, report and recommendation, a communication from Dr. W. O. Porter, for and on behalf of his sister, Hrs. Olive Porter Meyer, o~ner of property at 1121Fairfax Avenue, M. W., asking that the property described as follows be rezoned from a General Residence District to a Business Dlstrict~ Melrose Land Co. Hap, Block 5, eastern part of Lots 1, 2 and 3, Official No. 2110103s The Commission has considered this request for rezonlng requests of adjoining property owners, and is of the opinion that there no reason to extend the Business Districtwestward from llth Street at this' time, particularly in view of the fact that said property is occupied by a residence. The City Planning Commission recommends to City Council that the request of the petitioner to rezone said property to a Business District be denied. Respectfully submitted, (Signed) George Dungltnson, Jr. Chairman? In this connection, the City Clerk advised that Dr. Porter has been con- tacted and that he does not wish to proceed with the request further at this time. Mr. Young moved that Council concur in the recommendation of the City Planning Commission that the request for rezoning be denied. The motion was second~ by Hr. Woody and unanimously adopted. REPORTS OF OFFICERS~ STADIUM-MAHER FIELD~ Council having deferred action on the request of Mr. J. H. Fallwell, President, Roanoke Fair, Incorporated, for the rental of Maher Field for 1954, and having requested the Clty~anager to furnish the body the amount of net receipts paid by Roanoke Fair, Incorporated, under the 1953 contract, he submit~ the following report, 'September 21, 1953 To The City Council Roanoke, Virginia Members of Council8 you directed me to secure the total income the City has received from the Fair. A final report has not ~een made by the Association to the Clty~ but it will be available at the next Council Meeting. I would suggest you hold in abeyance any action 'on their request for the use of M abet Field for one week. Very truly yours, (Signed) Arthur S. Owens City Manager# The questionwas carried over for one week. STREET IMPROVEMENTS-STATE HIGHWAYS WITHIN CITY LIHITS~ Council having requested the City Manager to ascertain from the Virginia Department of Highways whether or not the state will bear the cost of widening Cove Road provided the city bears the cost oF acquiring the necessary rights-of-way, he submitted the followingl reportt "Roanoke, Virginia September 21, 1953 To The City Council Roanoke, Virginia Members of Council~ In furtherance of your directive, I met with officials of the State Department of Highways on Tuesday, September 15. In accordance with your contract with the State Department of Highways all Federal Aid Funds for the years terminating June SO, 1954, and June 30, 1955, have been committed toward financing the construction of the Viaduct. There will not be any Federal and State Aid Funds for the construction of Cove Road or like routes in the City until the expiration of the fiscal year ending June 30, 1955. Respectfully submitted, (Signed) Arthur S. Owens City Manager" In a discussion of the report, the City Manager advised that only anticlpat funds can be applied for at this time and that the Virginia Department of Highways does not feel the traffic load on Cove Road justifies the project. advised that the state has initiated two within Mr. Young projects partly the city since the viaduct construction agreement, they being the Hershberger Road and Rent Mountain Road, that this is the reason for making the request to the Righwa~ Department in connection with the Cove Road project, that he cannot see any differen.~e in the projects, and moved that the City Manager be requested to again approach the '!!iVtrginia Department °fHighways f°r clarifinatl°nand t° see if there is m°neY available for the improvement of Cove Road in line with recent commitments by the y Mr. ldrop nd unanim usly ad pied. Also in this connection, Mr. Mln~on stated that he feels the offers for rights-of-way of twenty-three property owners on Cove Road should be looked into in the near future. STREET LISHTS~ The City Manager submitted written report recommending one 2500 ltmen street light to be installed in the middle of the four hundred block of Church Avenue~ g. Wo Hr. Woody moved that Council concur in the recommendation of the City ~anag, and offered the following Resolutions (~11937) A P~8OLUTION authorizing the installation of one 2500 lumen overhe incandescent street light in the middle of the 400 block of Church Avenue, S. Wo (For full text of Resolution~ see Ordinance Book No. 20, Page 15o) Hr. Woody moved the adoption of the Resolution. The motion was seconded by Hr. Hanes and adopted by the following votes AYESs Council members Ranes~ Minton, Pickett~ Waldrop, Woody, young, and the President, Mr. Webber ............... 7. NAYSs None ..................... -0. SHADE CROSSINGSs The City Manager submitted written report together with a communication from the Department of Highways granting the approval of the for the city to proceed with the purchase of ~arcels ? and 15 in the name of Mary Moore Foy~ et al, at an estimated price of $2?,000.00, in connection with the right-of-way for the Jefferson Street Srade Crossing Elimination Viaduct. The report and communication were filed. In this eonnection~ the City Manager submitted written report together with the follo~ing letter from the Chief Engineer of the Norfolk and Western Railway Company and draft of Ordinance in connection with the purchase of property from B. A. Sofia and NaJla F. 6oria~ "September 21, 19f~ Hr. Arthur S. O~ens~ City Manager, City of Roanoke, Municipal Building, Roanoke, Virginia. Dear Mr. Owens~ This is in reply to your letter to me of September 14th regarding property to be acquired fron Louise Balesh Sofia, on Norfolk Avenue, for the Jefferson Street overhead bridge project -- Tax Serial No. 4010213. Our Appraisers appraised this property at $15,7~6.50. Our negotiators have! been unable to acquire the property for this appraised value, but have obtained an offer to sell this piece, together with the parking lot runningll through to Salem Avenue~ for a total of $47,500.00. The agreement which hat already been executed provides a method of disposing of surplus property acquired in connection with the viaduct but not needed for the purpose, and it is our thought that the excess property can be disposed of at a price which will bring the price of the remainder which is actually needed for the bridge project, to approximately the amount of the appraisal. For this reason, we are willing to approve Of the purchase of the entire holdings for $47,500.00, with the understanding that the remainder will be disposed of to the City of Roanoke or others on the basis outlined in the agreement. Yours Very truly, (Signed) A. B. Stone Chief Engineer" After a discussion of the matter, Hr. Waldrop offered the following Ordinance as prepared by the City Attorney~ (#11938) AN ORDINANCE conditionally authorizing acquisition of all the land embraced in Official Tax Serial Lot No. 4010213 by the City from B. A. Goria and NaJla F. 6oria for $47,~00.00 cash; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 16.) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded Hrs. Pickett and adopted by the following votes AYESs Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Hr. Webber ................ 7. NAYS~ None ...................... O. 441. ~L~l~lOt Core, ell at its lest regular meeting having deferred motion on the proposed tr&ffle plan for Wlllia~son Hoed v~th regard to parking and having request the City Manager to institute a study ~th regard to prohibiting parking on the vest side of Commonvealth Averme, ¥ourthStreet a~d Wllliamson Road, from Wells Aven~e to the Corporate Limits, ~ro~ ?sO0 o'clock to 9~00 o'clock, a. m., to speed up inbound traffic, and on the east side of the sa~e streets from 5tOO o'clock to 7tO0 o'clock, p. m., ~r et the peak hours to handle outbound traffic, he su~ltted written report advising that the analysis will be ready for the next meetin~ off Council, In this connection, a group off citizens and business operators appeared before Council for a discussion of the proposed parking restriction on Wllliamson Road, together with Hr. Charles D. Fox, Jr., Attorney for Johnson-McReynolds Chevro Corporation, and Hr. Harry D. ~cReynolds, requesting that the body consider the question seriously before banning all parktn~ in the area, Hr. McReynolds stating that he does not feel there Is a need to take parking off at all times. Also appearing in opposition to the removing~f parking and the placing ~f posts along the curb lines were Mr. V. L. Martin, Attorney, represe~ting Hr. C. R. Newman and other business operators, Hr. R. Glenn Culbertson, Hr. H. R. Powell, Hr. Roy Lo Crouch and Hr. R. ~. Bowles, Mr. Culbert$on objecting particularly to posts being placed along curb lines, stating that no parking signs should have been erected, that posts were unnecessary and an expense to the operation o£ the clty a~ presenting pictures shoving an~le parking and parking conditions at several areas in the city. Mr. Newman and others complained that they can not get trucks up to their places of business since the posts were erected and that they are Forced to unload at the curb line and carry their merchandise to t~e buildin~s. Hr. Martin stated that the posts should not have been erected and asked the all posts be moved immediately pending the study off the traffic problema~Wlllismso~ Road, stating that if this cannot be done then sufficient number of posts be re~ove~ to allow owmers to make use of their property. The City Manager advised that he would like for Hr. J. D. Sink of the Polic Department to outline the problem of traffic on Wllliamson Road; whereupon, Mr. appeared and briefly outlined the problem giving the statistical figures on the number of cars using the high, ay at various hours durir~ the day. At this point, Hrs. S. R. Wade appeared before Council and stated she ~as for herself and her husband and urged that Council adopt any parking prohibitions that have been studied and recommended by the City Manager that will help the movement of traffic, that she hopes the city will continue to study and investigate conditions in all sections of the city when parking interfer~ with traffic movement and that she feels parking should be prohibited as much as possible on arterial streets, specifically mentioning Grandin Road and the downtown business area. After a further discussion of the matter, Mr. Minton moved that the be carried over for one week and that the City Manager be requested to give what' relief he can to the merchants in the area. The motion was seconded by Hr. Waldrop and unanimously adopted. The City Manager advised that he would see that arrangements are made to permit trucks to pull into places of business for loading and unloading. ALt~HOUSE~ The City H an agar sut~ttted ~ritten report from the Almshouse for the ~onth of Au~st~ 19~, sho~n~ a total expe~e off $1,~.19 as co~r~ ~lth a t~l ex~nse off $2~7~8.78 for the ~onth off ~u~st~ 19~2. The re.ri ~s D~P~ OF ~LIC ~E~ ~e City ~er su~ltt~ ~ltten report fro~ the Depar~ent of ~blic ~'elfare for the month o[ August, 19~, sho~ln~ 1~27 cases ~led at a total cost of $69,873.39, as compar~ ~lth 1,470 cases ~1~ at a cost off $65,114.~ for the month of Au~st, 1952. ~e re~rt ~s filed. ~RTS~ The City Ha~ger su~ttt~ ~ltten reports from the Depar~ent ~bltc ~orks, the ~ici~l Airport a~ the ~lice ~part~ent for the month August, 1953. The reports vere filed. B~ET-DEP~N~ OF ~LIC ~O~S~ Co~el~ at its last ~ee~in~ ~vin~ deferr, action on the request of the City RanaEer to transfer $3,~.~ fro~ the Haterials acc~t ~der Section ~ "BridLe Re,ir", to the Haterials account ~der Section ~82~ "Street Signs and ~rkinis"~ of the 19~ ~d~et~ ~til an analysis of the acc~t is made~ the City Nanaier su~ltt~ the follo~int co=m~ication fr~ the Detriment of ~blic ~orkst "DATE~ September 17, 19~ TO~ Nr. A. S. ~ens, City HanaEer ~OE~ Hr. 3. L. ~'entvorth~ Director of ~blic ~orks S~EC~t Hefloorin~ First Street Bridge~ ~e - July, 1953 ~fork done by City of Hoanoke $ 6~602.96 One-half cost by N & ~ Hall~y (~tveen ~ lines) $ 3~301.48 One-half cost by City of Hoanoke 3~301.48 ~ork done by Norfolk and ~festern Hail~y a~ U. S. Steel Co. $16,076.18 One-half cost by N & ~ ~ail~y 8~0~.~ ~e-half cost by City of Hoanoke 8,038.~ Total cost of Hefloorln~ Project $22~6~.14 One-~lf cos~ by N & ~ Harley $11~9.57 One-half cost by City of Hoanoke $11,339.57 Less Credit for City of Hoanoke 6~602.96 ~o~t ~e N & ~ ~ail~y by City of Boanoke 4~7~.61 Cityoff Hoanoke Bridte Hepair Accost as of September 15~ 1953-- Contractor's Item Balance Haterial*s Item ~lance M~r Itea ~lance 6~3~.~ To meet the amour of ~?~.61 due the N & ~ Bail~ I reco~e~ the addition of $3~.~ from~terla~s to the Contractor*s lte~ of $1~.87~ In the a~ve Bridge Hepair Accost, leavin~ a balance of ~,144.36. I also reco=e~ that $3~.~ In the ~terial account ~ transferred to Street Sl~ns~ leavin~ a ~lance oF approxi~tely $1~1~.~." The City Ha~ger reco~ended t~t Co~cil conc~ in the report; vhereupon~ Hr. ~fo~y offered the follo~i~ e~er~ency Ordl~nce~ (~11939) AN OHDINANCE to ~end and reordain Section ~82~ "Street Si[ns a~ Harkin[s"~ and Section ~ "Brid~e Hepair"~ of the 19~ Budget Ordinance, and ~rovidin~ for an emer[ency. (For ~11 text of Ordinance~ see Ordinance Book No. 20~ Pa~e 17.) 443 Hr. Woody moved the adoption of the Ordinance. The motion ~as seconded by Mr. Minton and adopted by the followir~ votes AYE.St Council membere Hanes, Hinton, Pickett, Waldropg Woody, Your~g and the President, Hr. Webber ............... NAYSt None ...................... O, REPORTS OF CO~ITTEESt WATER DEPARTHENT~ Bide for the purchaee of four new trucke for use in the Water Department having been referred to a co~lttee for tabulation and report, the committee su~itted a tabulation of the bide received. It appearing from the tabulation that the proposal of Antrim Motors, Incorporated, on furnishing the city one dump truck at a total cost of $2,663.25 is the feet bid received, Hr. Young moved that the proposal ~e accepted and offered following Reeolution: (#11940) A RESOLUTION accepting the proposal o£ Antrim Motors, Incorporated Roanoke, Virginia, on furnishing the City of Roanoke Water Department one dump truck, at a total sun of $2,563.fl6 net, FOB, Roanoke, Virginia; authorizing and directing the Purchasing Agent to purchase the truck in accordance with said propos and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 17.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............... 7. NAYS: None ...................... O. It appearing from the tabulation that the bid submitted by Johneon-McReynol Chevrolet Corporation on furnishing the city two 16,000-pound gross weight trucks with utility bodies, at a total su~ of $7,203.38 net, is the beet bid received, ~-M. Young moved that the bid of Johneon-McReynolds Chevrolet Corporation be accepted and offered the following Resolution: (#11941) A RESOLUTION accepting the proposal o~ Johnson-McReynolds Chevrole Corporation, Roanoke, Virginia, on Furnishing the City of Roanoke Water Department two 16,000-pound gross weight trucks with utility bodies, at a total sum of $7,203.38 net, FOB, Roanoke, Virginia; authorizing and directing the Purchasing Agent to purchase the trucks in accordance with said proposal; and providinE for (For ~ull text of Resolution, see Ordinance Book No. 20, Page 18.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Minton and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber .............. 7. NAYS= None .................... O. It appearing from the tabulation tPmt the bid submlttedbyAntrim Motors, Incorporated, on furnishing the city one 18,000-pound gross weight truck with utili body at a total sum of $7,?f~.28 net, ie the best bid received, Mm. Waldrop moved that the bid of Antrim Motore, Incorporated, be accepted and offered the following Resolution= (~11942) A I~SOLUTION acceptin~ the proposal of Antrim Motors, Incorporated, ¥1rglnia,cn furnishing the City of Roanoke ~ater Department one gross weight truck with utility body, at a total sum of $7~7~3o28 net, FOB~ Roanoke, authorizing and directin~ the Purchasing Agent to purchase the truck in ~ccordance with said proposalS and providing for an emergency. (For full text of Resolution, see Ordinance Book Bo. LK), Page 19.) Mr. ~aldrop moved the adoption of the Resolution. The motion was seconded ~r. Banes and adopted by the followin~ vote: AYESs Council members Banes, Minton, Pickett, ~aldrop, ~oody~ Young, and the President, Mr. ~ebber ............ NAYS: None ............... O. SALE OF PROPERTY: Council having referred to the real estate co~nittee the offer submitted by Mr. Charles D. Fox, Jr., Attorney, representing Mr. O. F. =armack, to purchase a small parcel of land located on the south side of Brambleton ~venue, S. ~., between Rosewood Avenue and ~oodlavn Avenue, for the sum of $~$.00~ to ascertain if they can get a better offer for the land, the City Manager advised that the comaittee has been able to obtain an offer of $~0.00 for the land and submitted a written offer in this connection from I~r. Fox, the City M~nager stating that the co~nlttee recommends the saleS whereupon, Mr. Waldrop moved that Council in the recon~endation of the co~mittee and that the matter be r~erred to the City Attorney for preparation of the proper ordinance authorizing sale of the land for $50.00 net to the city. The ~otion ~s seconded by Mrs. Pickett and unanimously adopted. UNFINISI~D BUSIneSS: %~TER DEPARTMENT: Council having taken under advisement the report submitted by the City Manager concerning the need for a survey of the Falling Creek ~tershed, i the matter vas again before the body. After a discussion of the matter, Mr. Young moved that action on the question be deferred and that the City Manager be requested to get an opinion from Mr. L. R. Bowson, Consulting Engineer, as to the advisability of cutting timber on the watersh and to also discuss the matter wlthMr. R. P. Bunter, Director of Parks and Recreation, and report back to Council. The motionwas seconded by Mr. Waldrop and unanimously BUILDING CODE: Council at its last regular meettn~ having deferred the matte~ of making appointnents to the Board of Appeal as provided for in Section 10S of thei Official Building Code of the City of Roanoke - 1953, the matter vas again before th~ body. 0 In this connectlon~ Mr. Woody placed in nomination the names of Mr. David Dick for a term of one year, representing State Certified Professional En§lneersS Mr. Randolph Frantz for a term of two years, representing State Certified Architects~ Mr. S. Lewis Lionberger for a term of three years, representing licensed contractorsl[ engaged in the business of constructing residences and small commercial buildings; Mr. J. S. Barbour for a term of four years, representing State Registered Contractors engaged in the business of constructing large buildings; and Mr. Frank Harrier for a term of five years, representing the public at large. The nominations were seconded by Mr. Hanes. On motion of Hi'. Hanes, seconded by Ruo Hlnton and unanimously adopted, the nominations were closed~ vhereuponj the five nominees vere elected to the Board of Appeal by the folloving votel AYE~I Council members Hanes, Hlnton~ Pickett, Waldrop, Woody, Young, and the President, Hr. Webber ............ 7. NAYSt None ................... O. Hr. Yaldrop moved that Hr. David Dick be designated aa Chairman and that appointments end as of September ~0 of each year. The motion vas seconded by Hr. Young and unanimously adopted. SALE OF PROFI~RTYI Council having previously taken under advisement the submitted by Hr. W. A. lngra~, President of Ingram Building and Supply Company, Incorporated, to purchase from the city a strip of land on the northvest corner of Brambleton Avenue and Boss Lane, S. W., for the su~ of $100o00~ the matter before the body. After a discussion of the matter, Hr. Young moved that Council reject the offer for the land. The motion vas seconded by Hr. Hanes and unanimously adopted. CONSIDERATION OF CLAIHSI None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS~ STORM DRAINSt Ordirmnce No. 11918, authorizing the execution of a Deed of ~uitclaim and Release in connection with an easement abandoned by the State of Virginia across Lots 20 and 21, Map of Courtney Square, having previously been before Council for its first reading, read and laid over, vas again before the body Mr. Minton offering the following for its second reading and final adoption~ (#11918) AN ORDINANCE authorizing the execution of a Deed of quitclaim and Release to Bennie B. Smithers, Jr., and Beulah R. Smithers relating to a former easement over Lots 20 and ~1, ac~ording to the Hap of Courtney Square. (For full text of Ordinance, see Ordinance Book No. 20, Page 13.) Mr. Minton moved the adoption of the Ordinance. The motion was seconded by Hr. Hanes and adopted by the following vote~ - Hanes, Minton, Pickett, Waldrop, Woedy~ and the AYES= Counoil President, Hr. Webber ................ 6. NAYS~ Mr. Young .............. 1. SALE OF PROPERTY: Ordinance No. 11924, providing for the sale of the southe~ half of Lot 22, Block 1, Alleghany Addition, Official No. 2031701, having been before Council for its first reading~ read and laid over, vas again before the body, Mr. Woody offering the following for its second reading and final adoption: (911924) AN ORDINANCE providing for the sale of the southern half of Lot 22 Block 1, Alleghany Addition, Official Tax Lot No. 2031701, by the City of Roanoke t City Developing Corporation for $150.00 cash; and authorizing the execution and delivery of a deed therefor. (For full text of Ordinance~ see Ordinance Book No. ~0, Page 14.) Hr. Woody moved the adoption of the Ordinance. The motion vas seconded by Hr. Young and adopted by the following vote= AYES~ Council members Hanes, Minton, Pickett, Waldrop, Wondy~ Young, and the President, Mr. ~ebber ............... 7. NAYS~ None ...................... O. SALE OF PHO~ERl~Ordinance No. 119~3~ providing for the sale of Lot 19, 3, S. P. H. Hiller Map, having previously been before Council for its first readingt read and laid over, was again before the body, Hr. Hanes, offering the following for its second re~dir~ and final adoptions (~11933) AM ORDINANCE providing for the sale of Lot 19, Block 3, S. Po H. Hiller Map~ to James H. Claytort Sr.t at a net considerati°n of $187.~0 cashl and authorisin~ the execution and delivery of a deed therefor. (For full text of Ordinance~ see Ordinance Book No. ~0, Page Mr. Hanes moved the adoption of the Ordinance° The motion was seconded by Mr. Minton and adopted by the following voter AYESt Council members Manes~ Mlnton~ Pickett, Waldrop, Woody, Yaung~ and the President, Mr. Webber .......... 7. MAYS~ None ................. O. AIRPORT~ Council at its last meeting having requested the City Attorney to prepare proper Ordinance authorising rental of two rooms in the Cannaday House at the Airport, he presented same; whereupon, Mr. Waldrop moved that the followin§ Ordinance be placed upon its first reading. The motion was seconded by Mr. Manes and adopted by the following voter AYESt Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ................. 7. NA¥S~ None ........................ O. (#11943) AN ORDINANCE authorizing the City Manager to lease two rooms in the Cannaday House at the Roanoke Municipal Airport (Woodrum Field). ~%~J2AS, rooms numbered 1 and 2 in the Cannaday House at the Roanoke k~nici Airport (Woodrum Field) are now vacant. THEREFORE, BE IT ORDAINED 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 lease unto a tenant, or tenants, acceptable to him rooms numbered 1 and 2 located in the Cannaday House at the Roanoke Municipal Airpor (Woodrum Field) at a rental of $25.00 per month per room, upon such terms and conditions as said City Manager may deem proper; provided, however, that any letting made pursuant to this ordinance shall permit the City to terminate the same upon thirty (~0) days' notice. The Ordinance having been read, was laid over. MOTIONS AND MISCELLANEOUS BUSINESS~ STREETS AND ALLEYS~ Mr. Waldrop again brought to the attention of Council and the City Manager the question of extending First Street, S. E., from Tazewell Avenue to Bullitt Avenue, stating that a brick store building on the south side of Tazewell Avenue almost in the path of the proposed extension is now vacant and that some of the land might be donated, and moved that the matter be referred to the Manager to look into and study and to report back to Council the approximate cost. iThe motionwas sacom~ed by Mr. Hanes and unanimously adopted. STREETS AND ALLEYSt Hr. Waldrop brought to the attention of Council and the City Manager the question of extending Second Street, N. E., across Orange Avenue connect with Lukena Street, which would open into Liberty Road, and moved that the matter be referred to the City Manager to study and report back to Council the cost of opening up and improving the street. The motion was seconded by Mr. Woody and unanimously adopted. 447 '21 4 8 concernin§ setback lines can nov be obtained in the office of the City Planning Co.-~nission, the office of the City Clerk, the Er~lneerlng Department and the office of the BulMing Inspector, Hr. Woody moved that the matter be referred to the C~ Attorney and the City Manager to check into the present method and see what lmprovei ~ent can be made in making the information more available to the public and report b~ck to Council, The motion vas seconded by Hr. Young and vnanimou~adopted. There beln~ no further business~ Council adjourned. APPROVED ATTEST~ /' ~ * ;-~l~rk ' k.,..... (/ President COUNCIL, REaUIAR MXETING~ Honday, September 28, 1953. The Council o£ the City of Roanoke met in regular meettn~ in the Circuit Roo~ in the Huniclpal Bulldtn~t Monday, September 28~ 1953~ at 2:00 olclock~ m.t the regular meeting hour, with the President~ Mr. ~ebbert presiding. PRESENT~ Council members Ranes~ Plckett~ %!aldrop~ ¥oody~ Young~ and the President, Hr. ~ebber ................... 6. ABSEN~ Mr. Minton .............. 1. OFFICERS PRESEN?t Hr. Arthur S. Ovensl City Manager~ Hr. Randolph G. %~hittle City Attorney, and Mr. Harry R. Yates~ City Auditor. The meeting vas opened with a prayer by the Reverend Peter Guerrant Cosby, III~ Pastor of Nort~inster Presbyterian Church. MINUTES~ Copy of the minutes of the regular meeting h~ld on Monday~ Septenbe] 14~ 1953~ having been furnished each member of Councll~ upon motion of Mr. Young~ seconded by Hr. ~oody and unaninously adopted~ the reading %ns dispensed with and the ninutes approved as recorded. HEARING OF CITIZENS UPON PLrBLIC MATTERS: ZONINO~ Notice of a public hearing on the question of rezonlng from General Residence District to Business District property located on the south side of Orangei Avenue~ N. E.~ between Osborne Street and Vinton Road, described as Official No. 3330401, havin~ been published in the Roanoke ~orld-News pursuant to Article XI~ 'Section 43, of Chapter 51 of the Code of the City of Roanoke, setting the time of th ihearing at 2:15 or'lock, p. m., Monday, September 28, 1953, the matter %ns before iCouncil. In this cormection ~ Mr. John L. Rart~ Attorney, representing Miss Mary Frances Kefauver~ the petitioner and o~mer of the lot~ appeared before Council and urged that the body grant the request of Miss Kefauver~ and there being no one prese objecting to the rezoning~ Mr. ~aldrop moved that Council concur in the recommendation of the City Planning Co=~ission that the request for rezoning be granted and that th~ following Ordinance be placed upon its first reading. The notion u~s seconded by Mr! Young and adopted by the following votes AYES{ Council members.Manes, Plckett~ ~aldrop, ¥'oody, Young, and the Preside Mr. ~ebber ................... 6. NAYSt None ........... O. (Mr. Minton absent) (#11944) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke~ Vlrginia~ in relation to Zoning. %.~EREAS~ application has been made to the Council of the City of Roanoke to have property located on the south side of Orange Avenue~ N. E.~ tetween Osborne Street and Vinton Boad~ Official No. 3330401~ rezoned from General Residence Dlstric to Business District~ and ¥.2~EREAS, the City Planning Commission has recommended t~at the above propert be rezoned from General Residence District to Business District as requested~ and ' %.%IEREAS~ notice required by Article XI, Section 43~ of Chapter 51 of the Cod of the City of Roanoke, Virgtnia~ relating to Zoning~ has k~en published in "The Roanoke ~orld-News"~ a newspaper published in the City of Roanoke, for the tine required by said section, and ~IEREAS, the hearing as provided for in said notice published in the said newspaper ~s given on the 28th day of September, 1953, at 2~15 o~clock~ p. m., before the Council of the City of ~oanoke in the Council Room in the Huniclpal Building, at ~hich hearing no objections ~re presented by property owners and other interested ~arties in the affected area, and ~.~IE~EAS, this Council , after considering the application for rezonin§, is of the opinion that the above property should be resorted as requested. THEREFORE, BE IT ORDAII~ED hy the Council of the City o£ Roanoke that Article I~ Section l, o£ Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the follewin§ particular and no other~ viz~ Property located on the south side o£ Orange Avenue, N. E., between Osborne Street and Vinton Road, designatedm Sheet 3~ of the Zoning Map as Official No. 3330401, be, and is hereby cY~nged from General Residence District to Business District, and the Map herein referred to shall be changed in this respect. The Ordinance having been read~ ~s laid over. COMPLAINTS-GARBAGE REMOVAL: A delegation of citizens and property o~mers living in the general vicinity o£ the city dump near the Washington Park area, appeared before Council and presented a plea that the City of Roanoke discontinue the use o£ the open dump in the ~shlngton Park area. Speaking for the delegation u~s Dr. F. W. Claytor, who presented a ~itten report on the condition of tbs dump and the effect it hason the neighborhood, advlst that he has been selected to present the question to Council after a meeting of various civic clubs, Parent Teachers Alliance, Magic City Medical Society, the Roanoke Tribune and other organizations, Dr. Claytor stating in his report that various requests have been made to city officials to eliminate the conditions but that there has been no improvement in the past two years. Also speaking in connection with the matter, u~re Rev. F. E. Alexander, Mr. W. H. Ross, Project Manager of the Lincoln Terrace Housing Project, and Mr. E. S. In a discussion of the matter, the City Manager stated that the city lnclnerato[ handles approximately sixty per cent of the city's refuse and that the remaining forty per cent must be disposed of somewhere, that it would take approxtma two more years to fill the old quarry and pointed out that some of Roanoke's best mark lands are filled ground~ that when this area is filled it will become park land that it would cost $S00,000.00 for an incinerator to take care of the situation and that there will be certain things that cannot be disposed of in an incinerator. After a lengthy discussion of the matter, Mr. ~ldrop moved that the matter be referred to the City Manager for a complete investigation, including the possibility o£ using other locations or land fills in the county, to check with the Health Department as to the extent o£ the health menace stemming from the dump and to report back to Council as soon as possible, giving the overall costs of the condition or any method which may eliminate the use of the quarry as a dmmp. The motion was seconded by Mr. Young and unanimously adopted. PETITIONS AND COI~4UNICATIONS: ZONING: A petition signed by Mr. John C. Blartkenshtp, asking that property located on the south side of Orange Avenue, N. W., between Sixteenth Street and Seventeenth Street, described as Lots 3, 4 and ~, Section $2, Melrose Land Company iMap, be rezoned from General Residence District to Business District, having been referred to the City Planning Commission for studyt report and reco~endation, the follovin§ co~micatton from the Planning Commission vith reference to the matter, before Councll~ "September 25t 1953. The Honorable R. Lo Vebber~ Hayort and HemBers of City Conncll~ Roanoke~ Virginia, Gentlement In reply to your letter of July 12, 1951~ referring to the City Plannin Co~ission for study, report and recommendation, a petition signed by John C. Blankenship, askin§ that property located on the south side of Orange Avenue No ~.~ betveen 16th Street and 17th Street, descrited as Lots 3, 4 and 5, Section 52, Helrose Land Company, be rezoned from a Ceneral Residence Dlstrl~t to a Business District: This question has been under consideration flor some time, pending certain information from the petitioner and his attorney ~ich had been requested, as Yell as studies being r~ade by the Co~=isslon. The property in question has Been inspected, and, in vier of the existin§ Business Dlstr~cts in that area, the Commission feels that there is no need for additional business properties to serve the residential neighborhood. The City Planning Co.m~ission reco.-muends to City Council that the toques of the petitioner that said property be rezoned to a Business District be denied. ~espectf~lly submitted, (Sf~ned) George Dunglin~on, Jr. In this connection, Hr. John D. Coperuhaver, Attorney, representin~ Hr. Blankenshlp, appeared Before Council and requested that a public hearing ~e held on the request for rezonlng. On ~otion of ~r. Young, seconded by Hr. ~aldrop and unaninously adopted, the City Clerk ~s instructed to publish proper notice of a public hearing on the questi iof rezoning the properties, said hearin~ to be held at 2:00 o~clock, po ~., ~onday, !October 2G, 1953. ZONING~ A co~unication From ~M. Robert S. Guerrant, Attorney, representing Hr. L. H. Young, Jr., asking that property located on the south~st corner of Orang~ Avenue and Eighteenth Street, N. F., described as Lots 6, 7 and 8, Block 66, Land Comp2ny Hap, Official Nos. 232210~, ~322107 and ~32210~, Be rezoned iron Genera[ Residence District to Business District, having been referred to the City Planning Co=~ission for study, report and recomendatlon, the follo~ing co=munication fro~ the Plarming Commission ~lth reference to the matter, ~as before Council: "Septe=ber 25, 1953. The Honorable Ro L. ~febber, Hayor, and He,bors of City Councll~ Roanoke, Virginia. Gentlemen~ In reply to your letter of June 18, 195~, referring to the City Platting Commission For study, report and recom~endation, a petition signed by Hobert S. Guerrant, Attorney, representing L. H. Young, Jr., asking that property located on the aouth~st corner of Orange Avenue and 18th Street, N. U., described as Lots 6, 7 and 8, Block 66, Helrose Land Company Hap~ Official Nos° 2~2210~, 2322107 and 2~2210B, be rezoned from a General Residence District to a Business Distrtct~ The Attorney for the petitioner has been given an op~ortunity to before the Commission in regard to this request, and the property in questio has been inspected. The Comission finds that the existing Business Districts and the nonoeonfor~ing uses in that are~ are sufficient to serve the neighborhood needs, and that the rezoning of said property viii result in ~spot zoning", contrary to the principles of zonln~. The City Plannin~ Co.~mission recommends to City Council that the toques of the petitioner that said property be rezoned to a Business District be denied. Respectfully submitted, (Signed) George Dunglinson, Jr. Chalrm~n.~ 451. ;: .52 In this connection, the City Clerk advised that he has talked with the Attorney, Hr. Ouerrant, and that he is asking that Council grant a public hearing on the request for resoning. On motion of Mr. Woody, seconded by Mrs. Pickett, and unanimously adopted, the City Clerk ~as instructed to publish proper notice of a public hearing on the question of rezoning the properties, said hearing to be held at 2:00 o'clock, p. m. Monday, October 26, 1953. ZONING: A communication from Mrs. Fannie M. Attalla, asking that property located at 1801 Orange Avenue, N. W., described as Lot 16, Block 55, Melrose, Official No. 2321416, be rezoned from General Residence District to Business Distri. having been referred to the City Planning Commission for study, report and recom=e~ tion, the following co=.~unication from the Planning Conmission with reference to the matter, was before Council: "September 25, 1953. The Honorable R. L. Webber. Mayor, and Members of City Council, Roanoke, Virginia. Gentlemen: In reply to your letter of July 3, 1953, referring to the City P!annin Co=mission for study, report and recom=endation, a communication from Mrs. Fannie M. Attalla, asking that property located at 1801 Orange Avenue, N. W. described as Lot 16, Block 65, Melrose, Official No. 2321416, be rezoned from a General Residence District to a Business District: An investigation of the property in question has been made, on which property is now constructed a non-conforming store building used for business purposes. It is felt that ar~tncreased coverage of said property for business uses will depreciate the value of the adjoining residential property, as well as the lmm..ediate neighborhood, and that the rezoning of said lot is not warranted. 'i~e City Planning Commission reco~ends to City Council that the request of the petitioner that said property be rezoned to a Business District be denied. Respectfully submitted, (Signed) George Dunglinson, Jr. Chairman." In this connection, the City Clerk advised that Mr. Robert $. Ouerrant, Attorney, now represents M~s. At~alla, and has asked Council to grant a public [hearing on the request for rezoning. On motion of Mr. Woedy, seconded by Mrs. Pickett and unanimously adopted, the City Clerk was instructed to publish proper notice of a public hearing on the question of rezoning the property, said hearing to be held at 2:00 o'clock, p. m., Monday, October 26, 1953. ZONING: A petition from Mr. H. M. Moomaw, Attorney, representing Mrs. Nancy E. Lukens Hamilton, asking that a tract of land containing approximately 8 acres, bounded on the north by Wayne Street, N. E., on the east by Wllltamson Road, on the south by Block S~ Willia~son Groves Ymp, and on the umst by Wllklns Street, extended, and being a portion of Official No. 3070316, be rezoned from General Residence District to Business District, having been referred to the City Planning Co~misslon for study, report and recommendation, the following communication from the Planning Commission with reference to the ~atter, was before Council: "September 25, 1953. The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemen: In reply to your letter of September 14, 1953, referring to the City Planning Com~ission for study, report and recommendation, a petition signe, by M. M.'Moo~aw, Attorney, representin~ Hrs. Nancy E. Lukens Hamilton, aski that a tract of land containin~ eight acres, more or less, bounded on the north by Yayne Street, N. E., on the east by Wlllia~son Road, on the south R by Block S, Wlllia~son Groves Hap, and on the ~st by Wllkins Street, extended, bein~ a portion of Official No. ~070316t be rezoned from a General Residence District to a Business Dlstrict~ This request has been discussed with the petitioner, her attorney, and the attorney for the lessee, who have explained the use of said property, which will be for a retail business use, with off-street l~rking to be provided for the custcaers. The property in question is adjacent to properties classified both as a Business District and as a Light Industrial District, and its location is such that the Co.~ission feels it is more suitable for business than for residential purposes. The Co~ission is further of the opinion that the rezoning of said tract of land will not adversely affect the remaining properties adjacent thereto which are classified as residential. The City Planning Co~z~isslon recomxends to City Council that the reque~ t of the petitioner that said tract of land containing approximately eight acres be rezoned to a Business District he Kranted. Respectfully su~ltted, (Signed) George ~unglinson, Jr. Chairman." On motion of Mr. Woody, seconded by Mrs. Pickett and unanlmously adopted,. the City Clerk ~s instructed to publish proper notice of a public hearing to l~ held at 2:00 o'clock, p. m., Monday, November 2, 1953. STRUTS AND ALIEYS~ A co..~munlcatton from Mr. Ralph A. Glasgow, asking that ,: the unopened portion of Roanoke Avenue, S. W.~ be extended across the tracks of the~ Virginian Railway Company, to serve his property designated as Official No. 151030111 having been referred to the City Planning Commission for study, report and recor~men~a- tion, the following com~.untcation fro= the Planning Com. nission with reference to th~ hatter, %~s before Council: "September 25, 1953. The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemen: In reply to your letter of April 17, 1953, referring to the City Planning Co~-~lssion for study, report and reco=~endation, a co=~unicatian from Ralph A. Glasgow~ asking that the unopened portion of Roanoke Avenue, $. W., be extended across the tracks of the Virginian Railway Company, to serve property designated as Official No. 1510201: After an investigation as to the facts in this matter, and an tnspecti~n of said unopened portion of Roanoke Avenue, the Co=mission is of the opinto~ that the question of access to the petitioner's property is a matter to be determined between the Virginian Railway Company and the petitioner. Respectfully submitted, (Signed) George Dunglinson, Jr. Chairman." On motion of Hr. Hanes~ seconded by Mr. Young and unanimously adopted, the opinion of the City Planning Commission was concurred in and the request that the city extend the street was denied. SIGNS, A co~unication from Harrison Jewelry Company, Incorporated~ request ing permission to erect a marquee sign in front of Its store at 307 Jefferson Stree having been referred to the City Planning Co=~lssien for study, report and reco~men a- tion~ the following communication from the Planning Co,mission with reference to the request, was before Council: "September 25, 1953. The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke~ Virginia. Gentlemen: In reply to your letter o£ September 14, 1953, referring to the City Planning Com~.ission for study, report and recommendation, a co.vmmntcation 454 fromHarrison Jewelry Company, Incorporated, requesting permission to erect a marquee sign in front of its store at 307 South Jefferson Street in accordance with an accompanying sketch~ This request has been considered~ and it is the opinion of the Co~lssion that the proposed sign does not qualify under the definition of a marquee or marquee sign. The Co~lssion, therefore, takes no action in regard to this question. Respectfully aul~ltted, (Signed) George Dunglinaon, Jr. Chairman.# On motion of Mr. Woody, seconded by Mr. Waldrop and unanimously adopted, the request was referred to the City Manager to look into the matter and report back to Council. SIGNS: A co~mnication from Stanford and Inge, Incorporated, requesting i!permission to erect a marquee sign In front of Noble's Flower Shop, 18 Campbell !Avenue, been referred to the Planning Co~isslon for study, S. E., having City repor ?and reco=mendation, the following co=~unication fro~ the Planning Cor_~ission with !reference to the request, ~ms before Councils "September 25, 1953. The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemen~ In reply to your letter of September 14, 195S, referring to the City Planning Co~lssion for study, report and recommendation, a co~munication from Stanford and Inge, I~corporated, requesting permission to erect a marquee sign in front of Noble's Flower Shop, 18 Campbell Avenue, S. E., in accordance with accompanying plans: This request has been considered, and it is the opinion o£ the Com.~lssion that the proposed sign does not qualify under the definition of a m~rquee or marquee sign. The Cor.~ission, therefore, takes no action in regard to this question. Respectfully su~mitted, (Signed) George Dungllnson, Jr. Chairnan." On motion of Mr. Woody, seconded by Mr. ~aldrop and unanimously adopted, th~ !:request was referred to the City Manager to look into the mmtter and report back to liCouncil. DONATIONS-PARKS AND PLAYGROUNDS: A com~rmnication from Mr. Steve Brady, iloffering to donate a sun dlal and a concrete bench for public use in the Church i!Avenue plaza, having been referred to the City Planning Co.~misston for study, report iland reco..-mendation, the following co=~nication from the Planning Conmtssion with !ireference to the offer, %~s before Council: "September 2S, 1953. The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemen: In reply to your letter of March 2, 19~, referring to the City Plannt Commission for study, report and recommendation, the offer of Mr. Steve Brady to donate a sun dial and a concrete bench for public use on the Church Avenue plaza: This offer has been discussed with Mr. Brady, and in view of the feell: that there is more likely to be damage done to the s~-n dial, he has offered to donate two concrete benches instead. The City Planning Co~nisston recommends that City Council accept Mr. Brady's offer of two concrete benches, of a design to be approved, and that appreciation be extended to him for his generous gift. Respectfully submitted, (Signed) George Dunglinson, Jr. On motion of Hr. Waldrop, seconded by Mr. Woody and unanimously ad~pted, the matter ~as referred to the City Attorney for preparation of the proper Hesoluti~ accepting the t~o benches and expressir~ appreciation for the donation of the bench. BUD6ET-COM)iIS$IONER OF REVENUE: A commnlcation from the Co~missioner of Hevenue asking that $1~0.00 be appropriated to the Travel Expense account in his budget, in order that the Commissioner of Revenue and tva deF~ties from his office mi§hr attend the Annual meeting of the Com~issioner*s of Hevenue, to be held on November 12, 1953t in Elchmondt ¥1rginlK, ~as before Council. Mr. Hanes moved that Council concur in the request of the Commissioner of Revenue and offered the followin§ emergency Ordinance appropriating the $1~0.00, subject to the approval of the Compensation Board: (#11945) AN OROIHANCE to amend an~ reordatn Section #5, "Co=~lssioner of Revenue", of the 1953 Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 24.) Mr. Hanes moved the adoption of the Ordinance. The motion a~s seconded by Mr. Woody and adopted by the following vote: AYES: Council members Hanes, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ................ 6. NAYS: None ................... O. ([ir. Minton absent) BUDGET-CiTY TREASURER: A communication from the City Treasurer~ asking that Council transfer $2~317.25 from the Chief Deputy salary to the Extra Help account in his budget, to enable him to hire sufficient extra help to keep the work up to date since he is being checked out of office at the end of the year, was before the body. · In a discussion of the request, the City Auditor suggested that the money il be appropriated from the General Fund in order that it will not affect the schedule of salaries in the Treasurer's office. Mr. Woody moved that Council concur in the request of the Treasurer, but that the money be appropriated instead of being transferred, and offered the foll~ lng emergency Ordinance appropriating the $2,S17.25, subject to the approval of the Compensation Board: (#11946) AN ORDINANCE to amend and reordain Section #8, "Treasurer", of the 1953 Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 24.) Mr. Woody moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Hanes, Pickett, Waldrop~ Woody, Young, and the President, Mr. Webber ........... 6. NAYS: None .............. O. (Mr. Minton absent) BUDGET-CITY TREASURER: Council having deferred action at its last meeting on the request of the City Treasurer to appropriate $2,600.00 for the purchase of a new cash register until the State Compensation Board concurs in the request, an additional communication from the City Treasurer together with a letter from Mr. C. H. Morrissett, State Tax Commissioner, advising that the request for the cash register has been transmitted to the State Compensation Board and is awaiting consideration after the Board is informed of the action of the Roanoke City Council was before the body. 486 Council being of the opinion that the request should be concurred in and the :lty Auditor advising that the Treasurer has been promised immediate delivery if the ~rder is placed at once, Mr. Young moved that Council concur in the request and ~ffered the folloving emergency Ordinance appropriating $2:600.00, subject to the ~pproval of the Compensation Boards (~11947)AN ORDINANCE to amend and reordain Section #143, #Departmental Equipment and Improvements", of the 1953 Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Hook jo. 20, Page 24.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following votes It AYESs Council members Hanes, Pickett, Waldrop, Woody, Young, and the Preslde~ , liMr . Webber .................. -6. NAYSs Hone ........... O. (Hr. Minton absent) CITY CODE-TAXES: A co=-~unication from the City Auditor, together with copy ilof a statement showing the amount nf debt requirements for which tax increase was i!voted and also a computation showing the rate required to pay principal both and i!Interest for tbs year 1954, ~s before C~ncll. In a discussion of the com. munlcation, the City Auditor advised that the ;statement shows that a tax rate of $2.73 will provide For the payment of the !and interest on outstanding non-revenue bonds of the city next year, and pointed out ithet pursuant to the law it will be necessary to reduce the present tax rate of 5'.74 to $2.73; whereupon, Mr. Woody moved that the £ollo~lng Ordinance, as prepared 'by the City Attorney, be placed upon its first reading. The motion was seconded by iiMr. Waldrop and adopted by the following vote* ;i AYES: Council members Hanes, Pickett, %~ldrop, Woody, Young, and the Preside t. ilMr. Webber ..................... 6. NAYS: None ............. O. (Mr. Minton absent) (#11948) AN ORDINANCE to amend and reordain Section 1 of Chapter 17 of the Code of the City of Roanoke, as amended on the 6th day of October, 1952, (Ordinance ilNo. 11574), 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 and mining businesses, in the City not exempt from taxation by law. %iqEREAS, a twenty-three cent increase in the tax rate authorized in Section 2, subsection (1) of the City Charter on all real estate and improvements thereon, llupon all tangible personal property and all machinery and tools including upon !inachinery' and tools used in manufacturing and mining businesses, in the City not i!exempt from taxation by law, is necessary to provide for the payment of the iland interest on outstanding non-revenue bonds of the City, issued and approved by votes of the freeholders. ii RE IT the Councll of the of Roanoke that Section THEREFORE, ORDAINED by City Ii 1, ?f Chapter 17, of the Code of the City of Roanoke, as .... ded on the 6th day of iiOctober, 1952, (Ordinance No. 11574), be amended and reordained to provide as Pursuant to Secticn ~, subsection (1), and Section 47 of the Charter cf the City of Roanoke, cem. mencing with tke 1954 tax year, there shall be levledannually upon all real estate andlmprovements tkereon, upon all tangible personal property and upon all machinery and tools, including machinery and tools used in and mining businesses, in the City not exempt from taxation by law, a tax of two dollars and seventy-three cents on every one hundred dollars of assessed value ther of, for the support of the city government, the payment of principal and interest upon the city debt, support of a public library, the payment of pensions to Confederate soldiers, Sailors and marines and their widows, for school purposes, and other ~unicipal expenses. The Ordinance having been read, was laid over. LICENSES: A co~-rantcation from Mr. R. G. Culbertson, recom, mendtng to Councl~ that the city make refund, on a monthly basis and upon the surrender to proper officials, of a city tag for an automobile where the o~mer h~s died or the car has been disposed of for financial reasons, ~s before the body. On motion of Hr. Woody, seconded by Hr. ~aldrop and unanimously adopted, th~ com~unicaticn ~s referred to the License Tax Code study committee, composed o£ thellCity Auditor, the City Attorney and the License Inspector, for study, report and recom- mendation. Also in this connection, a communication from Mr. James R. Thorpe, advislng!i that he had purchased a city auto tag as of September 22, 19SS, and had h~en charged full price, stating that he had hoped he would only be charged half price, was before Council. On motion of Mr. Woody, seconded by Mr. ~'aldrop and unanimously adopted, th~ co~nunlcation ~s referred to the License Tax Code study c~mittee for study, repor~ and reco~nendation. PARKS AND PLAYGROL~DS: A communication from Mr. B. H. Conner, President, Washington Heights Civic League, requesting that the matter of providing a playground and park for the Washington Heights area again be considered by Council, was before!i the body. In a discussion of the request, it was brought out that the matter is now being given further study by the Planning Co,mission and that it hopes to have a report in the near future. On motion of Mr. Waldrop, seconded by Mr. Young and unanimously mdopted, the matter was laid over pending receipt of the report from the City Planning Co~nission. COMPLAINTS-CEMETERY: A co~uunication from Mr. B. H. Conner, President, ~ashington Heights Civic League, complaining of the shallow graves and general condition of the Lincoln Burial Park (Colored) in Washington t~lghts, and request- ing that an investigation be made to see if the cemetery should not be maintained in a better condition, %Rs before Council. On motion of Mr. Hanes, seconded by Mr. ~aldrop and unanimously adopted, the matter %ms referred to the City Manager for investigation, study and recor~enda tion to Council. STREET INPROVEMENTS: A conmunication from Mr. Blair L. ~illlams, ~50~ Valley View Avenue, N. W., requesting that some improvements be ..~de to the one block of Cumberland Street adjoining Valley View Avenue and Courtland Avenue, N. W. %ms before Council. On motion of Mr. Young, seconded by Mr. Hanes and unanimously adopted,the request was referred to the City Manager for study, report and recommendation to Council. 457 458 REPORTS OF OFFICE~: T~FFIC: Council at its last meeting having requested the City ~anager to obtain additional infor~ation in ~ection ~lth the t~ffic ~d parki~ p~ble~ on · ~l~on ~ad~ Co~nwealth Avenue and Forth ~t~st~ he submitted ~tten re~ to~ether with the followin~ co~lcation f~m the ~rintenden~ of Police coverl~ su~ey of people in the area: "DATE~ Septe~r 2~, TO: F~. A~hur S. ~en~, City F~ger ~M: Captain F. ~. ~ebb~ Superintendent of Police Dear Sir: ~e have ~ecen~l~ conducted a au~e~ ~n ~e ~llli~n Ro~d a~c~on o~ ~ln~ bu~neas places ~n ~ha~ a~ea ~n~ ~oval o~ ~e ~ki~ ~n ~a~ a~a. ~he o~ice~a con~ac~ed 21~ ~opl~ and ou~ o~ n~u~al~ and ~he ~e~nde~ ~e~e a~n$~ ~ak~ ~e ~kin~ n~ have ~a ~o have ~ copied ~o~ ~ou~ Captain . Webb Su~r~enden~ of Police" In ~hls connec~ton~ =he Ci%y Fa~e~ subui~%ed ~t~%en :Superintendent of ~ollce in co~ec~on ~th 9arkin~ of cams near schools ~ the .~:~111amson Road area in ~la~on ~o accidents tnvolvln~ school children~ ~by Counc~l~n H~es~ the re~ adv~sln~ ~ha= =here have been no accidents on Wi111a~on Road duF~E school hours fo~ %he past ~wo or three years. Also ~ ~bts co~ec~ion, ~he Cf~y~a~e~ requested }~. J. D. Slnk~ Chief ~Co=~ications Officer, who ~s present at the ~eting~ to explain a ~hird re~rt ?ealing with ~i~ and %he movement of traffic; whereu~n, ~. Sink presenb~ a ~;~itten repor~ which he ~plained by mea~s or,ps, ~owing ~r~fic flow dens~$y and ?ta%ing in his report %ha~ in the original study of the conditions it ~s considered hat a~un~ of relief would be at%aimed by im~sing a ~rking restriction on the ~west side of Willia~on Road in the morning from 7:~ o~clock, a. m.~ %o 9:~ o~clock a.m., o'clock, p. m., %o o'clock, p. m., but and on %he &:O0 6:~ ~%ha% new directional vol~e counts have been taken to supplement older figures ~d reports a~ this new informt~on ~in%s up the following fac~s: "1. Confi~ed She con$inuous increase in ~r~fic on Willi~son Road presented in the 1952 %r~fic su~ey. 2. Tha~ heavy ~d movements occur upto PM times of the week ~ addition to 7:~ ~ to 9:~ ~. 3. There is an afternoon inbo~d peak com~rable to the nomint peak concurrent to the out~d pe~. &. That heavy out~d ~vements occur between the hours of 10:00 ~d 8:~ PM at v~lo~ times of the week In addition to to 6:~ PM conditions." Fm. S~k stated that ~der these co~ttions it ~s felt that a mrni~ restriction of two hours and an afternoon restriction of t~ hours would be l~dequat also statinE that i% is proposed to apply pavinE markings to Willi~on Road s~tlar to those recently placed alon~ Fra~l~ Road, south of Roanoke River. With ~rther reference to the matter, Er. Sl~ listed the followinE as additional measures which ~11 relieve the tmffic pressure on Willi~son Road: Ulo The const~ction of a north to west h~hway by,l~s8 that hisses the city entirely. 2,Y~nprove State ~ute 117 so that truck tr~f~c can ~ by-~sed the north to the west. ~.Ev~t~lly continue the ~np~venent of ~ershber~er Road to se~e as a belt ~uleva~ ~tween the north a~ west sections of the cl~y. ~.~diately ~rk 10th ~t~et, N. W.~ as a by-pa~ ~ute with t~cks excepted. ~.Widen 10th Street) N. W.) to neet the de~nds of the traffic load that is building up cont~uously. ~.~ve Route ~ redesignated as ~ute 11 or alte~ate Route 11 as soon as It is practical to do so. 7.Fe~[t thro~h t~ck traffic to o~er~te over ~o~te ~ f~u Ho~oke to Salem In lieu of over the exlstin~ mute.u ~. ~ink ~lso suggested another ~p~v~ent call~ns for the ~idenin~ of Williamson Road on the east side, south of Orate Avenue, to allow for a new ri2h~ turn flow of trafffic at the intersection for traffic goin~ east on Route ~, thereb~' allowi~ t~ lanes of traffic going north on Nillia~son Road, advising that the cost ~uld be app~x~ately $5,170.~ to do this. T~in~ part ~ the discussion of the repo~, ~s Er. Charles D. Fox, Jr., ~d Mr. William L. F~rtin, Atto~eys~ repres~ti~ certain merchants ~ the area, along with F~s. R. J. ~rger and M~s. Ruth S. Star~, P~s. Starry presenting a written [statementin ~lch she stated that if ~rki~ is allowed on the east side of ~illiam~on ~Road in the 3S~block it will be hazardous due to the vol~e of traffic going in ~d out of business establis~ents located in the block. A~er a lengthy discussion of the problem, F~. Yo~ moved that the ~tter be carried over for two weeks and that in the meantime the City M~nager obtain addition~ inffo~tion givin~ a breakdo~ of the ~11 of the 218 citizens as to business residential profiles, a breakdo~ of the traffic count figures showin~ distributior of traffic over a twenty-four hour period, and any figures that ~y be av~able show- Ang lost earnings as a result of traffic delays. ~e motion was seconded by ~. H~e~ and unanimously adopted. At this ~int, M~. Fox requested that he and others ~ given copies of the ~itten report submitted by f~. Sink, the City f~nager advising that copies would be ~de available to the Co,oil ~bers, attorneys and other interested ~rties. ~ter during the meeting, M~. R. G. Culbe~son appeared before Co~cil ~ connection ~th the placing of ~sts on Willi~son Road, between loth Street and H~ington ~uleva~, which p~hibits angle ~rking, ~. Cul~rtson stating that the ~sts should never have been placed there by the City ~Mnager and calling attention to ~rking of city cars at the old Administration ~ildi~, advising that he feels the ~rking there is ~re haza~ous than other places in the city. ~. Cul~rtson also stated that certain city officials have used mea~ to get lands for street pur~ses that he does not feel are p~per. ~ a~wer to a question f~ Co~cil as to w~ he represents, ~r. Culbe~son advised that he represented the customers of the businesses affected by the p~ci~ ~f the ~sts. After a fu~her discussion of ~r. Culbe~son's complaints, and the City ~nager ~dvis~ that he has available for Co~cil all agreements which he has obtained co~ection with donation of land on Williamson Road, no action ~s taken on the ~tter. 459 STREET LIgHt-q: The City F~naEer submitted written report recommending the installation of one 2500 lumen oYerhead incandescent street light at the o£ Forest Rill Avenue and Chathaa -~treet~ ~o ~4~nes ~oved that Council concur in the reco~endation of the City F~neger and offered the followin§ Resolution: (t119~9) A RE~OLUTION authorizing the installation of one 2500 lumen overhead incandescent street li§h,t at the lnterzection of Forest Hill Avenue and Chatham Street, (For fUll text of Resolution see Ordinance Book No. 20, Page 25.) ~ro ~nes moved the adoption of the Re~olutiono The motion ~as seconded by F~s. Pickett and adopted by the following vote: AYES: ~ouncil members Hanes, Pickett, Waldrop, Woody, Youn~ and the President, ~. Webber .......... 6. NAYS: None ............... O. (~[~. ~i~nton absent~ BUDGET-STATE HIGH~:AYS ~ITHIN CITY LIMITS: The City Manager submitted the following report in connection with the city's proportional part o£ the cost for a north-south traffic survey within the city: "Roanoke, Virginia September 28, 1953 To The City Council Roanoke, Virginia Members of Council: On }My 22, 1950, you adopted Resolution No. 10565, authorizing the expenditure of approximately $5,000.00 for the City of Roanbke.'s proportional part of the cost of the North-South Traffic Survey made by t.e State Department o£ ~ighways. The following letter gives the amount of our proportional part; and since you authorized the work to be done and no appropriation was made, it would now be proper to make such an appropriation 'Septenber 22, 195~ ~. A. S. Owens, City };~naEer City of Roanoke Roanoke, Virginia Dear Kr. Owens: We herewith enclose our invoice in the amount of $5,887.9$, coverir~ the City's participation in the cost for Traffic Survey within the City of Roanoke. We trust you will find this in order and that we may be favored with your prompt remittance. Yours very truly, (Signed) C. J. Allard Auditor ' Respectfully submitted, (Signed) Arthur S. Owens City ¥~nager" );~. Woody moved that Council concur in the recommendation of the City )~nager that the appropriation of $5,887.9& be made and offered the following i!emer[ency Ordinance: (~11950) AN ORDINANCE to amend and reordain Section ~l&O, "Street Constructiol Ijof the 1953 Budget Ordinallce, and providing for a~ emergency. (For full text of Ordinance see Ordinance Book No. 20, Page 25) F~C. Woody moved the adoption of the Ordinance. The motion was seconded by ¥~-. Young and adopted by the followin~ vote: AYES: Council members Hanes, Pickett, ~aldrop~ Woody, Young, and the presiden Mr. Webber ................ 6. NAYS: None ......... O. (Mr. ~nton absent) COmPLAInTS-JUNK YARDS: Council having referred to the City F~na~er a petition si§ned by sixty-one citizens registering a complaint against Er. Ho~r B. Sh~shir~ for the ~lacin2 of J~k cars and tires in the 18~ block of Hollins ~ad~ for vestl~ation and re~ he submitted ~tten re~rt tosether ~th a letter f~m the. Secretary of the ~a~ of ~nin~ A~peals and a letter f~m the ~ildin~ I~ctor~ advising that in accord~ce w~th the existin~ O~i~nces ~d laws~ this o~ration is pe~lssible. In a discussion of the ~tter~ the City Fan.er advised that he ~s ta~ed wit F~. ~opshire and has Been assured that he does not intend to hake thl~ a ~nent J~ ya~ but only ~til the scrap ~rket inproves. Appearin~ in op~sition ~ the J~ ya~, ~s a delegation of ten citizens and p~rty o~ers~ ~M. ~. T. Hylton~ acting as s~kes~ for the group~ ~tatin~ that he is a ~ember of the Hollin~ Road ~ivic League and l~ representi~ the League that ~ey object to the J~k ya~ because It is a breeding p~ce for insects and rodent~ that it ~ill decrease the value of their p~perty and that this condition ~ill prevent further develo~ent of the area~ also, presentin~ a petition signed by four property o~ers of the ~ediate area requestin~ that so~e ~asure be taken to preven~ this type of business fro~ re~inin6 in their neighborhood, After a fu~her discussion of the ~tter~ ~,r. Young ~ved that the ~tter be t~en ~der advi~ent for one ~eek. The ~otion ~as seconded by F~. Hanes and un~imously adopted, T~IC: ~e City F~nager sub~itte/ the follo~inf reporh ~ogether ~ith copy of the ~nual [nvento~ of Traffic Safety Activities an~ a co~unication f~ the Supevlntendent of Police in connection ~ith the ~Ro~oke~ September 2~ To The City ~cil Hoanoke ~ ~lrginia ~e~bers of Council: I would like to ~ter in~o the records a ~rt ~de by the ~attonal ~fety Council conce~ln~ an analysis of our traffic safety activities, This re~rt along ~ith the current traffic re~rt f~m the State should prove beneficial to our citizens and to the in ~king future decisions ~overnin~ traffic. Respect fully submitted ~ (Slgne~) A~hur S. City ~nager~ On ~otion of Lr, ~ald~p~ seconded by ~,r, Hane~ and ~imously adopted~ the repo~ and letter ~ere filed ~d the City ~nager advised to use ~he re~r~ in any ~y he can. STADI~-~AHER FIE~: Co~cil ~vln~ deferred action on the ~quest of ~oke Fair~ Incor~rated, that they be rented ~her Field for 1956 on the s~e basis as the ~nt~ct for 1~5]~ ~til the City ~a~er has obtained the ~ount of net receipt ~id for use of the field for 195]~ he sub=itted ~itten repo~ advis~g that the total receipts a~unted to ~. Yo~ ~ved that the ~tter be referred to the City Attorney to prepare p~per measure renting the field on ~he same basis as 195] for the period from Au~s~ ]O ~hro~ ~eptember ~ 1956, ~th the privilege of ~vi~ the ti~e up or bac] one ~eek. ~e ration ~s seconded by ~ir. ~oody and ~ously adopted. 461 FIRE DEPART)~EN?: The City )~.~nager submitted the following report on change in the personnel of the Fire Department: 'Roanoke, Virginia September 28, 195] To The City Council Roanoke, Virginia SMmbers of Council: I wish to report the following change in the personnel of the Fire Department: James Duard Withers employed as First Year Private, effective September 16, 1953. Respectfully submitted, (Signed} Arthur S. Owens City F. anayer" The report ~cas filed. BUDGET-CITY SERGEANT: The City ~anager submitted written report together !iwith a letter from the City Sergeant, requesting an appropriation of an additional i $500.00 for repairs to the City Jail. In a discussion of the m~tter, Council requested more detailed information '. as tn what the repairs are and also what amount has been spent out of the ;:already in the budget for Jail repairs, the City ¥.~nager advising that he will get a more detailed report on the request. On motion of }~r. ¥1oody, seconded by Mr. Hanes and unanimously adopted, actio ~. on the matter was deferred for one week. REPORTS (F CO~YTTEES: COUNCIL RO0¥.: Council having heretofore appointed a committee to study the ii request of Judge F. L. Hoback of the Circuit Court that certain improvements be made the Circuit Court Room now used as a Council Cha.mber, the committee submitted the i following report: "September 11, 1953 To the Honorable Council of the City of Roanoke, Virginia. ' Genblemen: Your committee, heretofore appointed to consider the request of Judge F. L. Hoback of the Circuit Court for the City of Roanoke that certain changes be made in the Circuit Courtroom to make it mare serviceable for the purpos~ of the Court and to investigate the possibility of new quarters to be used as a Council Chamber, respectfully reports as follows: As directed your committee has held conferences with Judge Hoback and with a committee from the Roanoke Bar Association in the premises. Judge fHoback has never expressed any unwillinEness whatsoever to the committee or this Council to continue the use of the Courtroom for its meetinms. On , the contrary he has emphasized to the committee his complete willingness forl the Council and other City commissions, committees, departments and the public to use the entire facilities provided for the Court at all times when they are not being Used for the purposes of the Court. He has further ex- pressed the willingness, when it is reasonably possible, to arrange his docket so as not to require the use of the facilities during the regular meetings of the Council. Should conflicts arise the Court, being held pursuant to State law, necessarily must have the prior right to the use of the facilities. The Judge's extreme consideration in this regard was doubt- less due to a thorough realization that regardless of cost it is impractical to provide other space for a Council Chamber within the k'unicipal Building at this time. Your committee further reports that Judge Roback has been most reasonable in his suggested changes and alterations. Generally and briefly, they are as follows: 1. lhat the present Council bench be considerably narrowed so that. when he occupies the chair, occupied by the Y.~yor at Council sesstons~ he 2. That a permanent Jury box for seven Jurors and a witness box be provided, ). That a rail be placed across the south end of the Courtroom to separate the spectators from the Court officialss lawyers and individuals having business before the Court, ~. That adequate toilet facilities, a Jury room and a witness room be installed within the spaced embraced in the t~o room~ off the Chamber to thl south, 5. That ~hen he is in the City, on the business of the Court, that he have the exclusive use of the two rooms adjoining the Chamber on the north. 6, Chiefly because of the noise entering the room from the streets he suggests that it be air conditioned, Your co.nitres unanimsusly recommends that these requests be complied with. Your co~mittee believes that by the use of a little lr~enuity all of the suggested chan~ee can be made_in a manner that will ~aks the room fairly functionable for the purposes of both the Cour~ and the Council. Your conmittee has Judge Roback~s permission to say that, while he naturally desires that the improvements be ~ade as soon as practicable, it is, neverthe~ less, a~reeable to him that his requests be considered by the Council ~dlen studying budget requirements for the 195~ fiscal year and that ~ork be com- menced thereon promptly after the first of January. Respectfully, (Sl~ned) Arthur S. Owens City IM nager (Signed) Roy L. Webber ~yor (Signed) Ran G. Whittle City Attorneye On motion of ~. Hanes, seconded by ¥~. Waldrop and unanimously adopted, ;he recommendation of the committee was concurred in. S~AGE DISPOSAL: The followin~ committee report in connection with the ~lty of Roanoke transporting to and treatin~ at its sewage disposal plant certain wastes originating within the Town of Salems was before Council: "September 25, 1953 TO THE COUNCIL OF THE CITY OF ROANOKE: Your undersigned committee which met, on the 3rd day of September, 1953, with a committee composed of the same officials of the Town of Salem, in the hope that the two committees might negotiate and agree upon terms and provisions pursuant to which the City of Roanoke might transport to and treat at its sewage disposal plant certain wastes originating within the Town of Salem, respectfully reports as follows: 1. As you have been heretofore advised~ said committees agreed orally to all terms and provisions that each of said committees would recommend he approved by the Council of the respective municipalities. 2. That agreeable to the directive contained in your Resolution No. 11926, adopted on the 8th day of September, 19~3, the City Attorney and the Attorney for the Town of Salem have ~ointly prepared a written eon- tract purporting to embody all of the terms and conditions orally agreed upon by the said committees. 3. That each member of this committee has carefully studied the contract as ~ointly prepared by said attorneys and ia of the opinion that it embodies all of the terms and provisions orally agreed upon by the two committees ands expresses all such terms and provisions in language completely in accord with our understanding of the oral a~ree- ments reached. &. Your committee aocordinKly recommends that a resolution be adopted authorizing the proper City officials, for. and on behalf of the City of Roanokes to execute said contract if and when the same has been properly executed for and on behalf of the Town of Salem. In view of the provisions contained in Paragraph I.C. of the contract, your committee desires to call Council's attention to the fact that a very limited amount of domestic sewage is presently enterir~ the To'~a's sanitary sewers which originates beyond tho corporate limits of the Town. If the 463 contract is entered into Salem will naturally desire that this.waste be treated by the City and, it will obviously be to the interest of the City that it be so treated. It Council approves this report it is recommended that it shall, and assume that it will, be regarded as expressing an in- tention on the part of the Council subsequently to pass the requisite resolu- tion providing for the treatment of such domestic wastes now entering the Town's sanitary sewers from beyond its corporate limits pursuant to the terms and provisions of the contract. ~hile this co~mittee report is not signed by committee member Louis R. Howson, there is on file ~n the office of the City Clerk a letter showin~ his complete concurrence in the report. Respectfully submitted, (Signed) Roy L. Webber ¥~yor (Signed) Arthur S. &~ens City Y~nager (Signed) Ran 6. Whittle City Attorney" Er. Woody moved that Council adopt the report of the comnittee. The motion was seconded by Fir. Hanes and adopted by the followir~ vote: AYES: Council members Hanes, Pickett, Waldrop, Woody, Young, and the President, ~. Webber ............ NAYS: None ...............O. (F~. Elnton absent) In this connection, the following contract as prepared Jointly by the City Attorney and the Attorney for the Town of Sale~ was before Council: "THIS CONTRACT, nade and entered into this the day of , Nineteen Hundred Fifty-Three~ by and between the CITY OF ROANOKE, of the fir~ part and the TO%'~N OF SAL~I, of the-second part (both parties being municipal corporations, created and existing pursuant to the laws of the Comnonwealth of Virginia), WITNESSETN THAT, %fHEREAS, for the purpose of this contract the followin~ words and abbreviations shall, unless their use clearly indicates a different in- tention, he defined as follows: 'average Roanoke wastes~, wastes having a b. o. d. content of 120 p. p. m. and havin~ suspended solids of 180 p. p. m.; ~b. o. d.' or ~b. o. d. content's.biochemical oxygen demand; ~Ctty~ or 'Roanoke~, the City of Roanoke, Virginia; 'Consultant', a competent engineer, not regularly employed by a party hereto, but, who is temporarily employed in an advisory capacity and who is thoroughly capable of designing the type of sewage treatment plant operated by the City; ~p. p. m.' parts per million gallons; ~Town' or'Salem', the Town of Salem, Virginia; ~h-astea~, sewage and other materials normally chnsidered as sewage exclusive of materlals mentioned in Paragraph ¥1. A. of this contract~ and, ' %~HEREAS, Salem is located upstream on the Roanoke River from ~oanoke and, due to such location, any wastes it may discharge, or permit to he discharged, originatin~ within the corporate limits of the Town~ into said River or its tributaries that have not been fully and completely treated will be detrimental to the quality of water ia said River conceded to be impossible to treat wastes to such degree; and WHERF~S~ the ~astes originating in the Town consist of the normal domestic ~aste$ with a heavy admixture of industrial wastes of concentrated character, variable both in a~ount and concentration, making the treatment of the wastes originating tn the Town both difficult and costly; and~ WHEREAS, the capacity of the intercepting aewer aystem built and owned by the City ~as designed to be adequate for the transportation of the Townta wastes~ and the Cltyts se~age treatment plant has capacity to receive, and is ac destined as to be able, to treat all wastes originating in the Town; and WHEREAS, it is recognized that the cleaning up of Roanoke River ia not a matter to bo done and accomplished for a limited period of years, but ahould and must be a permanently, continuoDsly effective procedure; and WHEREAS, the transportation to and the treatment of all waates in the Tot~n at the Roanoke plant will be to the advantage of both the City and Town, THEREFORE, for and in consideration of the premises and oF the covenants and obligations herein contained, the ~rties hereto covenant and a~ree, one ~lth the other, as follows: I. SCOPE: A. The Town agrees to deliver all of the wastes originating within its corporate limits, o~her than those, the discharge of which are permitted, fromii time to time, by the State Water Control Board, to the present western terminu! of the City's Roanoke River interceptin~ sewer, located on the north bank of the Roanoke River on property belonging to the United States of America,(}~ n- hole No. 127 "A", as shown on Sheet No. 22 of the Plans for Roanoke River Trun] S~nitary Sewer Project No. 3, dated 1950, prepared by Alvord, Burdick & Howsonl and }~ttern& ~ttern, Engineers; a distance of 9.O1 miles, more or less, u~- stream from the City's sewage treatment plant, as measured along the center line of the interceptor sewer pipe~, and the City a~rees to accept all of the Town's such wastes at said poin~ and transport the same therefrom, through its interceptor line, %o its se-~age treatment plant and to treat all such wastes in its plant to the same extent and degree that it shall treat wastes originat~i ing within the City at its plant; and such treatment shall conform to the prop9 rules, regulations, a nd directives of the State Water ContrOl Board, and shall be the exclusive responsibility of the City. If any such discharges to the stream, permitted by the State Water Control Board~ contain wastes with sus- ~nded solids in excess of 20 p. p. m. or b. o. d. in excess of 20 p. p. m., City and the Town a~ree to uso every effort to see that such objectionable materials are kept out of the stream, either by separation of the wastes into non-objectionable and objectionable materials as a result of which the non- objectionable materials might continue to go to the stream, and the objection- able to the sanitary sewers after pre-treatment if any such is required, or by delivery of such wastes to the sanitary sewers for treatment with other wastes after pre-treatment, if any such is required, or by such other method as may be mutually agreed upon by the City and the Town. All outst~ndin~ permits of the State Water Control Board in the City and Town shall be studied with the object of removing from the stream as much suspended solids and b. o. d. as possible, as soon as the intercepting sewer and treatment facilities are 465 466 available. All ~astee treated at the Roanoke plant~ lncludin~ wastes originating in the To~ns shall be the property of the City. B. Salem covenants and agrees to provide and maintains at its sole expenses all facilities necessary to deliver its ~astes from all points of collection to the point of delivery at the upperr~st western terminus of the Cityts Roanoke River intercepting sewer~ as heretofore designated. ~alem shall provide and install a recording flow meters a by-pass connectio~ around the meter for emergency uses and facilities for taking sa~ples~ eithermnually or automatically; all of ~lch r. etering and by-passing facilities provided for in this sentence shall be mutually a~reed upon be- tween the City and the To~n. C. It is expressly understood and agreed between the parties hereto that the Citys by this contracts undertakes and obligates itself to treat only those wastes originating within the corporate limits of the To~n and that the charges hereinafter provided for are charges intended to be ~ade to the To~ns as a single mnaicipalityo Accordinglyj the To~m hereby cove- nants and ~rees that it will nots without the prior consent of the Council of the City expressed in the for~ o£ a resolution or resolutions of its Councilj deliver to the City under the terms and at the charges provided for in this contract any wastes originating outside the corporate limits of said To~rn. II. CHARACTER OF ~ASTES: A. The strength o£ the wastes delivered by the To~a and accepted by the City. shall have an average b. o. do not to exceed ~00 p. p. m.s and an average suspended solids content not to exceed ~00 p. p. mo, at the point of delivery of this waste to Roanoke~s interceptin~ se~er. The average bo o. d. and suspended solids strength referred to in this paragraph shall be determined by compost~ samples taken hourly for t~enty-four (2~) bourse at eight-day inter~als~ over a period of three months. The averse strength of the ~astes aa determined for the l~ediate pest three months shall then be the basis for detert~inin~ the average strength of the wastes ts be paid for each current month. B. Salem especially covenants and agrees to take whatever measures that are necessary to keep the strength of its wastes ~lthin a maximum b. os d. contentj not in excess of 500 po p. m.s and suspended solids cont, not in excess o£ 900 p. p. m., based on ~ny t~enty-four (2~) hour composite III. CR~SES FOR SEI/I~E ?REAT~ENT SERVICE: The To~n agrees to pay to the City the followin§ char~es for trans- porting and treating all ~astes delivered to the City by the A. During the period of the first five years that this contract is in force and effect~ the charge for treating wastes of strengths~ not ex- ceeding the strengths mentioned in Paragraph II A.~ supra, shall be Thirty ($~0.00) Dollars per million gallonso Upon the expiration of the first five year period and thereafter~ the charge for each succeedin~ five year period~ for treating said wastea~ shall he computed ns follows: The cost per million gallons for treating wastes over the entire preceding five-year period shall be computed and nYeraged~ and to the resulti~ figure shallbe added twenty per cent~ which total shall constitute the charge for treating wastes in the next succeeding five-year period. This method of computing the charge for treating wastes shall extend throughout the entire term of this contract, In ascertaining the cost for treating wastes only actual cost of the operation and maintenance of the Roanoke sewage treatment plant shall be considered; however~ a~ong other items of cost, the following shall be taken into account: Personal services, stationery and office ~upplies postage, telephone and telegraph, insurance and bend premiuns~ automotive compensation insurance premiums, and management, engineering, legal, treasury,!i accountin$, billing, employees retirement, and miscellaneous expenses. There Ii shall not be included in such sewage treatment cost capital outlay, interest, depreciation, replacement of existing se~age facilities~ additions to existin~!i sewage facilities, or any amortization of the indebtedness rising out of the Ii. construction of the Roanoke Se~a~e treatment plant and interceptor lines. It is further mutually a~reed that~ if~ at the expiration of any five year period the charge for the ensuing five year period as thus computed should exceed the sum of Sixty ($60.OO} dollars per million gallons~ then, in that event, the Town shall have the right to terminate this contract, upon the Town giving to the gity three years written notice of its intention so to terminate this contract; but during the said three year period of time the To%~a shall pay unto the City charges, at the rate as fixed herein, for the ensuing five year period, during which the contract termination period is running, as computed and fixed, using the method hereinbefore set out, for thei! determination of such charges. ~. The actual cost of operation and maintenance of the Roanoke sewage treatment plant, to be determined as set out above, shall be reduced by any amount of the surcharge hereafter provided for in Paragraph III.C., inf~a, and paid by the Tokn to the City; and likewise, the actual cost of operation and maintenance of said plant shall be increased by any amount of credit, hereafter provided for in Paragraph III. D., infra, and allowed by theii City to the Town. In the event that the total operating costs of the Roanoke sewage treat-!i ment plant, to be determined as set out above, is increased by the City treat-!] lng in its plant its own wastes of an average b. o. d. content in excess of &OOp. p. m., andan average suspended solids content in excess of 600 p. p. m.I either or both, then in such event, there shall he deducted from the actual costs of operation and maintenance of the Roanoke sewage treatment plant the sum of Five ($5.00) Dollars, per million gallons (of the City's ;~astes} for each 50 p. p. m., or major fraction thereof, of b. o. d. or, of suspended solids in excess of said &OOp. p. m., or 600 p. p. m., respectively. which the average h. o. d. exceeds &OOp. p. m.~ or the average suspended solids exceed 600 p. p. m., at the point of delivery to the City s interceptin~ 4.68 sewers that it shall ~ay a surcharge, in addition.to the charge provided for in Paragraph III. A.s supras of Five ($5.OO) Dollars per million gallons for each 50 po p. m., of b. o. d. or of suspended solides or each ~aJor fraction thereof, for the transp~tation and treatment of its ~astes. Should the strength~ however, exceed a b. o, d, of 600 p. p,m.s or sus- pended solids of 900 p. p. m., the Town agrees to collect hourly samples, as set forth in Paragraph IV. hereof, each day thereafter until the strength of the wastes is no greater than that specified in Paragraph II. B., supra; ands further, ahould the strength of the wastes exceed a b. o. d. of 600 p. p. m., or the suspended solids exceed 900 p. p. m., a surcharge shall be computed on each of Ten ($10.OO) Dollars per million 6allons for each 50 p. p. m. or ~aJol fraction thereof, in excess of said 600 p. p. m. of b. o. d., or 900 p. p. m. of suspended solids. D. The City covenants and agrees, that for any current month during which the average b. o. d. is lower than the then current monthts average of Roanoke wastes or the averaae suspended solids is lower than the then current month's average of Roanoke wastes, at the point of delivery'to the City's intercepting sewer, that there shall be a reduction in the charge, provided for in Paragraph Ill. A., supra, of Two and One-Half ($2.50) Dollars per million ~allons for each 50 p. p. m., or major fraction thereof for each. E. The City agrees to render to the Town each month a bill for the ~roper amount o~ed by the To~ (to the City) for its, the Town~s, portion of transportation and treatment service, including surcharges and credits, if any, for the preceding current month, which bill the Town agrees to pay within ten (10) days from the date of the receipt thereof. F. Should any question arise, between the parties hereto, relative to the charges hereinbefore provided for, then such question shall be deC. ed by a majority of the committee of three, composed of the City's Auditor, the Town's Auditor, and a third independent certified public accountant, to be chosen by the said two Auditors; the latter's charges shall be borne equally by the City and the Town. IV. SAMPLI~OF SAL194'S WASTES: The To~ covenants and agrees as follows: (a) That it will install, at the point of delivery of all its ~rastes to the City's intercepting sewer, adequate facilities for sampling its wastes; {b) That i~ will take each hour, for twenty-four (2~) hours, a sample equal to, but not exceeding, a rate of one lltre per million gallons, unless otherwise a~reed upon, as indicated on the recording flow meter at the sampl- ing station, which samples shall make up the composite sample for the day. Such composite samples shall be taken at ei~ht-day intervals throUghout the year; (c) That the method of collecting and compositing shall be mutually agreed upon between the City and the Town; (d) That the Town will deliver the composite samples to the City's sewage plant at the end of each twenty-four hour period: (e) That the strength of the wastes, as determined at the laboratories of the City's sewage treatment plants shall be binding upon both in arriving at the surcharges to be Faid by the To~n or the reductions to be allowed the To~n, for th~treatment of ~aetes as herein contemplated; provided, however~ that the Toml may make such check observations as it nay desire and discuss any divergence in results or methods of computation ~ith the City. in the interest of mutual under- Standing and~ in event, such mutual understanding cannot be reached~ the methods and ~rocedure shall be referred to and determined by the consultant of the To~n~ the :onsultant of the Clty~ and a competent consultant agreed upon by the t~; the letter's :harges shall be borne equally by the To~n and the City. V. BY -PISSIN~ NOT PEP~ITTED: As the cardinal purpose of this contract is to bring about a n effective ~batement of the pollution of Roanoke River, the Town covenants and agrees that it rill not by-pass, without the consent of the City, its wastes to the River, or any ;ributary thereof, unless and until the flow in its (Salem's) sanitary sewers, as measured by the recording flow meter installed at the western terminus of the City's ~oanoke River intercepting sewer, at the time, exceeds a rate of two and one-half itimesthe average rate of flow for the precedin~ calendar year, And, further, in an Iffort ~oreduce u s ch by-passing to a practical minimum, the Town covenants and grees to permit no additional rain or storm water connections to be made to its sanitary sewer system, unless absolutely necessary, and, also, it agrees to discon- tinue existing connections thereto, from time to time, as and when, the Town deems it advisable to do so. VI. EXCLUDED }~TERIALS: A. The Town especially covenants and a~rees that its wastes, as delivered ;o the City's intercepting sewer, shall not contain oils, hair from tanneries, paunch~i ~:ontents, grit fron packing plants, chrome, plating ~stes, or other substances not normally regarded as sewage, in such quantities and concentrations as would adversely affect the operations of the City's sewage treatment plan~; and, further, that if ;uch wastes containing these substances are received in Salem's sewers, the To~n ~roceed immediately to require that the quantities and concentrations of such substances ~e removed, or reduced, by the parties responsible therefor. B. SHould it become evident that the Town is deliverin~ to the City's [nterceptin~ sewer materials excluded by Paragraph VI. A., supra, the City shall ~romptly notify the To~n of such fact, and, upon being so notified, the Town covenant~ md a~rees to forthwith undertake to eliminate delivery of such objectionable materta s. If, in the opinion of the To~'s consultant, the City'.s consultant, and the consultan :hosen by the two~ or any two of such consultants, the City, after such notice, has ~een or is being put to additional expense in operating and maintaining its sewage ;reatment plant, because of such delivery by the Town of any such excluded material, ~hen the Town agrees to promptly reimburse the City for the amount of such additional ~xpenses as is found to be due by a majority of such consultants. C. Should it become evident that the Town is delivering to the City's in- ;ercepting se~er material excluded by Paragraph VI. A., supra, and the City notifies ;he Town of such fact as contemplated in the paragraph next above, and the Town does ~ot promptly eliminate the delivery of such objectionable materials, and further, if, .n the opinion of a majority of said consultants, the City should undertake to treat 469 47O containing such (excluded] materials alon~ with all other proper wastes~ real damage ~ould thereby be done the City's sewage treatment plant operations thens and in such events~ the City may by-pass into the Rivers all sewage 'entering its intercepting lines, including wastes originating in the Towns until ~uch time as the State ~ater Contrel Boards or other competent authoritys shall properly order the City to cease to by-pass. During all of the time that the City should byopasss as contemplated in this paragraph, the Town shall pay the Citys at the rate prevailing when the City commences to by-passs in the same manner as if the Town had delivered no excluded materials and the City had treated all of its regular acceptable wastes I lfsand when, the City be ordered by the State Water Control may Board, or other l!proper authority, to cease to so by-pass into the River the Town has not ceased to Ildeliver to the CitySa lnterceptin sewer all materials excluded b Fara rah ¥I A g Y g P · ', ?upras then, and in such events, the City, at its election, after reasonable may. ]notice to the Town, terminate this contract. VII. TERM OF CONTRACT: This contract shall continue in full force and effect for a period of iTwenty-Five [25] years from its date. However, it is covenanted and a~reed that !leither party shall have the right to terminate the same after the expiration of Eifhteen (18) years hy giving the other party written notice of its desire to do so on or before the end of the Fifteenth [15th) year; or by giving Three [3) yearss i~vitten notice of its desire to terminate the same at any time between the Fifteenth [!{15th] and Twenty-Second (22nd] year. i The Town agrees that it will~ without delay, take such steps as may be reasonabl] i;necessary for financing and constructing its interceptor sewer lines, laterals, !outfall sewer, metering station, and other like facilities that may be required, in ;order that the Town can collect and deliver its wastes to the City, so that the same (may be transported and treated under the terms and provisions of this contract. The Town atill further covenants and agrees that should it terminate this contra~ ~at the end of any five year period, it will, in that event, during the three year i; !period of time Following such notice of termination, proceed to comply with any and iall then applicable statutory provisions and directives of the State Water Control ['Board, or other proper authoritys in the matter of collecting, treating, and dispos- iing of its wastes; and that ifs within said period of three years, the Town has not been able to complete its facilities for treating its o~m wastes, it will continue ;to have its wastes treated by the City under the terms and provisions of this contrac WITNESS the names of the Parties hereto by their respective }~ayors, and the seals Of each duly affixed and attested b y their respective Clerks, on the day, month and lyear first above written: CITY OF ROANO~, Attest: By City Clerk Attest: Town Clerk ~yor TOWN OF SALEM, By }~yor~ ~. Waldrop moved that the contract as read be approved and offered the emergency Resolution: (~11951) A RESOLUTION approving the proposed contract, prepared jointly the City Attorney and the Attorney for the Town of Salem, pursuant to which the Ci ~ill treat certain wastes originating within the Town of Salem{ directing the City ~'lerk to transmit an original of said contract to the Council of the Town of Salem{ ;conditionally authorizing the Mayor and the Clerk of the City of Roanoke to execute ~he same for and on behalf of the City{ and providing for an emergency. {For full text of Resolution see Ordinance Book No. ~0~ Page 26) ttr. Waldrop move~ the adoption of the Resolution. The motion was seconded by ~. Hanes and adopted by the following vote: AYES: Council members Hanes, Pickett, Waldrop, Woody, Young, and the President, ~r. Webber ........... 6. NAYS: None ..............-O. (Mr. Minton absent} UNFINISHED BUSINESS: None. CONSIDERATION OF CLA~: None. INTRODUCTION Ah~ CONSIDERATION OF ORDIN~CES AND RESOLUTIONS: STREETS AND ALLEYS: Ordinance No. 11935, vacating, discontinuing and closing a portion of a certain unopened lO-foot wide alley between Hanover Avenue and 1Twenty-fifth Street, N. W., running parallel with and north of kelrose Avenue, h~vin~I previously been before Council for its first reading, read mad laid over, was again, be- fore the body, ~. Young offering the followin~, for its second reading and final adoption: ~11935) AN ORDINANCE vacating, discontinuing and closing a portion of a certain unopened, ur~raded, unimproved and unused portion of a 10-foot wide alley in the northwest section o£ the City of Roanoke, Virginia, between Ha hover Avenue and Twenty-fifth Street which runs generally parallel with Melrose Avenue, and is hereinafter more particularly described. ~For full text of Ordinance see Ordinance Book No. 20, page 20~ M~r. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council me.tubers Hanes, Pickett, Waldrop, Woody, Young, and the President, Kr. Webb ............ 6. NAYS: None .............. O. (~ir. ~inton absent} STREETS AND ALLEYS: Ordinance No. 11936, vacating, discontinuing and closing a certain unopened and unused street south of Albemarle Avenue, S. E., as requested in the petition of Roanoke Iron and Bridge Works, Incorporated, havin~ previously bee~ before Council for its first reading, read and laid over, was again before the body, Mr. Waldrop offertnE the following for its second reading and final adoption: (~11936) AN ORDINANCE vacating, discontinuin~ and closing a certain unnamed and unused street parallel to and south of Albemarle Avenue, S. E., beginning at the right of way line of the Virginian Railway and running east with a width of fifty to Roanoke River, bounded on the north by a produced (extended) line of Lot 10, Bloc) 6 of the Roanoke Land and Improvement Company ~p of 1899, bounded on the north and south by the lands of Roanoke Iron and Brld~e Works, Inc., on the west by the Virginian Railway line, and on the east by Roanoke River. (For full text of Ordinance see Ordinance Book No. 20, Page 22) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by ~Ire. Pickett and adopted by the following vote: AYES: Council members Hanes~ Pickett, ~'aldrop, Woody, Young, and the President, Mr. Webber ............ 6. NAYS: None ................O. (Mr. Minton absent) 472 AIRPORT: ordinance No. 119~]~ authorizi'n~ the leasing of two rooms in the Cannaday House at the Bo~oke ~lci~l Alr~rt~ havl~ previously been ~fore Co.oil for ~t~ first ~adin~ ~ad and laid over~ ~as a~ain befo~ the body~ Hanes offe~ the follo~ln~ for lt~ second ~ad~ and f~l adoption~ [~119~3) A~ ORDINANCE authorizing the C~t~ ~na~er to lea~e two ~o~ the Ca~aday House at the Roanoke M~ici~l Alr~ (Wood~ Field}. (For ~11 text of O~inance see O~lnance ~ok No. 20, Page F~. ~es moved the adoption of the O~$nance. T~e ~tion ~s seconded by ]~[ ' . Woody and adopted by the following vote: A~S: Council members H~es, Pickett~ ~ald~p, ~dy, Yo~g~ and the Presiden~, F~. %febber ............ 6. NAYS: None ............... O. (~. M$n~n absent) F~E P~T~TION: Co~cil at its last re~lar mee~in~ havl~ referred draft ,: of an O~lnance ~ove~ing the storage and sale of fla~ble liquids to the City )~ager and the City Attorney for the put.se of clarifyin~ the tables set ou~ ~%he O~inance, the City A~to~ey p~esented s~e. In a discussion of the tables, Co.oil was of the opinion that they s~ill are no% clear as %o meaning ~d in%est. 0n motion of Er. %~ald~p~ seconded by I, ir. Hanes ~d ~animously adopted~ the draft of O~inance was referred to a co~ittee com~sed of Co~cil~n W. L. Yo~ ~the City ~nager, the CiLy Attorney and the Acting ~ilding Inspector for the purpos~ of studying, clarifying and ~drafting the p~oposed O~lnance. ACAD~ OF MUSIC: Council at its last meeting having request~ the City ~Attorney %o prepare p~per Ordinance authoFizin~ the leasing of a city o~ed lot ~kno~ as the Old Academy of /usic buildin~ site to ~,~gic City }~tor Cor~ratfon, he ~presented same; ~ereu~n~ Mrs. ~icke~t moved that the follow~E O~i~nce be placed upon its first reading. The motion was seconded by ~. ~nes and adopted by the following vote: AYES: Co.oil members Hanes, Pieket~, Wald~op~ Woody, YounE~ and the [~President~ ~r. Webber .............. NAYS: None .................O. (~. }[lnton absent) (~11952) AN ORDINANCE authorizin~ the lease of a certain City o'~ed lot on Salem Avenue, ~E~S, the City is the o~er of a certain vacant lot on the south side ~Salez Avenue, S. 1~'., fo~erly kno%~ as the Academy of ~[usic p~perLy, which said lo~ ils presently unoccupied and ~used by the City, and ii WHEREAS, being desirous of securing some revenue from said property advertise l~ent for bids for the rental of said lot were heretofore published and certain bids [~ere thereafter received by the City from various interested parties, including one rom ~g c City Motor Cc~poration, and '~HEREAS, all of the bids received for the rental of said lot have been duly Ii~pened and read before Council and the Council is of opinion that the bid of }~agic i~lty Motor Corporation, under date of September 21~ 1953, is the highest and best bid and is in accordance with the terms of said advertisement, and should be accept- Jed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the bid of Magic City }4otor Corporation made under date of September 21, 1953, 'for the rental of the Cltyts property formerly known as the Academy of Kusic lot, situate on the south side of Salem Avenue, S. W., between /~th Street, $. W., and 5th 3treet, S. be, and it is hereby accepted, subject to the rems, conditions and provisions of the Cityts advertisement for such bid. BE IT FURTHER ORDAINED that the City ~nager be, and he is hereby~ authorise¢ and directed to enter into a lease agreement with the said ¥~gic City ~:otor Corpora. tion leasing to said corporation the aforesaid lot on a ~onth to ~onth basis at a rental of $1OO.OO per ~nth; the for~n of ~ich said lease to be prepared and approvec by the City Attorney and to contain, inter alia, the following provisions: a. That the lot will be delivered to th~ lessee leveled by the City to the approximate existin~ street ~rade but that no compaction of surface will be done by the city; and b. That the lessee will indenu~lfy and save harmless the City from any liabil: ;y of an}' kind of nature arising by reason of the occupancy cf said lot by said tenant-and will furnish to the City an adequate bond with corporate surety or insurance against public liability or property damage written by an approved insurance company, either the bond or the policy of insurance to be in such amount as is prescribed by the ~nager and to be upon such form as is approYed by the City Attorney. The Ordinance having been read, was laid over. SALE OF PROPERTY: Council at its last meeting havin~ requested the City Attorney to prepare proper Ordinance authorizing the sale of a city owned triangular strip of land located on the south side of Brambleton Avenue, S. %~., between Rosewood Avenue and Woodlawn Avenue, he presented same; whereupon, }:r. Young moved that the followin=~ Ordinance be placed upon its first reading. The motion was seconded by Mr. Woody and adopted by the following vote: AYES: Council members Hanes, Pickett, %~aldrop, Woody, Youn==, and the President, }h'. Webber .............. 6. NAYS: None .................O. ( }[~. ~nton absent) (#11953) AN O.qDIN~NCE providing for the sale of a small triangular strip of land, being a portion of Lots 3 and &, Section 19, Grandin Court Annex F~p, ed on the south side of Brambleton Avenue, S. W., between Rosewood and Woodlawn Avenues, to Er. O. F. Cat,mack, at a consideration of $50.00 cash. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That sate be made by the gity of Roanoke to ~:r. O. F. Carmack of a small t~iangular strip of land, being a portion of Lots 3 and ~, Section 19, Grandin Cou~t Annex };.ap, located on the south side of Brambleton Avenue~ S. W., between Rosewood and Woodland Avenues, at a consideration of $50.00 cash. 2. That the proper City officials be, and they are hereby, authorized and directed, for and on behalf of the City, to execute and deliver a proper deed, to be ' iprepared by the City Attorney, conveyinE with Special Warranty of title, the above- described property to the proposed purchaser and to deliver the same,properly execut. ed, upon roceipt of the cash consideration. The Ordinance havinE been read, was laid over. MOTIONS AN~ }IISCELLANEOUS BUSINESS: BUI~DIN6$: Er. ¥. A. Ingram appeared before Council, and advised that he ,a the owner of a traCt of land designated as e?ract Ds according to a certain plat .f record in the conveyance by Ernest Bo Fishburn and wife to Shenandoah Life Insurance Company, Incorp6rated, recorded JUne 1, 19~O~'in Deed Book 2?5, Page ~f the Clerkts Office of the Circuit Court of Roanoke County~ ~irginia~ which ~roperty has since been annexed by the city~ stating that the deed contains a atriction that only one residence costing at least $?s500.00 shall be built on the ;ract~ that the City of Roanoke is the owner of a parcel of land designated as a part of "Tract Cs a dJoining "Tract Ds and that he ia requeatin~ CoUncil to adopt a Resolution authorizing the execution of an~greement to amend the building restric- !~ion to allo~ the building of two principal reaidences costing at leaat ~each on UTract On~ which tract contains 2.]1 acres of land. After a discussion o£ the matter, Council being of the opinion that the request should be granted and the City Attorney advising that he has approved a ~eaolutinn authorizing the execution of th~ agreement~ ~ir. Waldrop moved that the ~equest be granted and offered the follo~ln~ Resolution: (~llg~) A RESOLUTION authorizin~ thc execution of an agreement ~lth Ingram Bu£1ding and Supply Company, Incorporated, agreeing to amendment of the building 'gestrictions on adjoining property. (For full text of Resolution see Ordinance Book No. 20, Page ~. Wald~op moved the adoption of the Resolution. The motion was seconded y }.lt. and by the following Er. Hanes voting against the Resolu- Young adopted Ition because he feels a complete description of the property involved should be iincorporated in the Resolution and a~reement: AYES: CoUncil members Pickett, ~aldrop, Woody, Young, and the President, ~r. Webber ................ NAYS: ~. Hanes ---1. (~ir. ~:inton absent) SALE OF PROPERTY: Er. W. A. Ingram appeared before Council, and requested that the body reconsider him offer of $100.O0 for a parcel of land owned by the city located on the northwest corner of Ross Lane and Brambleton Avenue, S. W.~ which offer Council at its last meeting rejected. After a discussion of the offer, ~tr. Woody moved that the question be reconsidered and that Council accept the offer of $100.00 and that the City Attorney be instructed to prepare $heproper Ordinance authorizing the sale. The motion was Seconded by Kr. Wald~op and unanimously adopted. There being no further business, Council ad3ourned. APPROVED ATTEST: Clerk President COHECIL~ RSGU'[J~:~ MEETING, Monday, October 5, 19~3, The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, Monday, October 5, 1953, at R:O0 o~clock, p. the regular meeting hourt with the President, Mr. Webber, presiding° PRESENT: Council members Hanes, Minton, Pickett, %~ldrop, Woody, Young, and the President, Mr. Webber ................... 7. ABSENT: None ........................ O. OFFICE~S PRE~ENT: Mr. Arthur S. Owens~ City Manager, Mr. Randolph O. Whittle City Attorney, and Mr. Harry R. Yates, City Auditor. The meeting ~ms opened with a prayer by the Reverend A. W. Ports, Pastor of the Huntington Court Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, Septenbe~ 1953, having been Furnished each nember of Council, upon motion of Mr. Minton, iseconded by Mr. Woody and unanimously adopted, the reading ~s dispensed with and the minutes approved as recorded. ttEARING OF CITIZENS UPON PUBLIC MATTERS: AIRPORT: Pursuant to notice of advertisement for bids on the following %~rk in connection with the Administration Building Project at the Roanoke fMnicipal Airport (Woodrtu~ Field): grading, paving concrete apron, and bit=~lnous seal coat ion a portion of N.E.-S.W. run%~y and a portion of taxtway system, plans and speclfi- ications for the project to be furnished by the City of Roanoke, said bids to be received by the City Clerk until 2:00 o'clock, p. m., Monday, October 5, 1953, and to be opened before the Council of the City of Roanoke at that hour, the President, .Mr. Webber, asked if there was anyone present who did not fully understand the !advertisement, if there was anyone present ~,ho had been denied the privilege of ibidding, or if there were any questions anyone would like to ask, and no one present raising any question, the President instructed the Clerk to proceed with the openin~ of the five bids received. The bids having been opened and publicly read before Council, Mr. Woody offered the following Resolution: (#11955) A RESOLUTION referring bids for the following work in connection with the Administration Building Project at the Roanoke Municipal Airport (Woodrmm Field): grading, paving concrete apron, and bituminous seal coat on a portion of N.E.-S.W. runway and a portion of taxiway system, to a co~mittee composed of Mr. H. Cletus Broyles, City Engineer, Chairman, Mayor Roy L. Webber, ~M. Arthur S. Owens, City Manager, rM. Harry R. Yates, City Auditor, and Mr. Marshall L. Harris, Manager of the Airport, for tabulation, report and reco~mendatlon to the Council of the City of Roanoke. (For Full text of Resolution, see Ordinance Book No. 20, Page Si.) Mr. Woody moved the adoption of the Resolution. The motion was seconded by rM. Young and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett,.~!aldrop, Woody, Young, and the President, Mr. Webber ................ 7. NAYS: None ....................... O. ZONING: Notice of a public hearing on the question of rezoning from Special Residence District to Business District property located on the west side of Dupree 471 4'76 Street, N. W., between Gandy Road and 1~nltten Avenue, described as Lots 17 and 18~ Block 10, Lincoln Court Hap, having been published in the Roanoke World-News pursuan to Article XI, Section 43~ of Chapter 51 of the Code of the City of Roanoke, setting the time of the hearin§ at 2IlS o'clock, po m., Monday, October 6, 19~, the matter ~s before Council. In this connection, Mr. Roscoe R. Banks, owner of the property, appeared before Council and outlined his plans for buildin§ a room approximately fifteen feet by thirty-five feet on the side of the present residence now located on the lots, to be used as a small store and perhaps a beauty parlor, Mr. Banks stating that he is retired and needs to convert his property to business in order to supplement his Mr. George ~. Vogel, Attorney, representing Mr. Banks, appeared before CouncJ and stated that his client's property is located in the middle of the Lincoln Court Housing Project, that all property surrounding him has been purchased by the Housing i!Authority and that Mr. Banks has a ten room house which he can not rent due to its iilocation within the low rent Housing Project and asked that Council give consideratl~ !itc the request even though the City Planning Co~ission has reco.mmended that the llrequest be denied on the grounds that it would be spot zoning, advising that there ~ls no other property in the i~ediate area that can be rezoned. i! Mr. Woody advised that in his opinion the petitioner should apply for a .non-conforming permit. ~M. Hanes and Mr. Waldrop stated that this is an unusual case and some relle i ;should be given and advised that application should be~ade for a non-conforming use~ After a further discussion of the ~atter, ~M. Woody moved that Council concu~ ilin the rec ..... dation of the City Planning Commission and thatath~o[[que~tof~rdrezon~ !ling be denied. The motion w~s seconded by ~.~s. Pickett and un nL ly d p e . ZONING: Notice of a public hearing on the question of rezoning from General Residence District to Business District property located on the northwest corner of Rugby Boulevard and Tenth Street, N. %1., described as Lots 20 and 21, Block 8, Rugby !i~.~P, having been published in the Roanoke World-News pursuant to Article XI, Section~ i4S, of Chapter S1 of the Code of the City of Roanoke, setting the time of the hearin~ ilar 2:18 o'clock, p. m., Monday, October S, 19~S, the matter was before Council. In this connection, Mr. Benton O. Dillard, Attorney, representing a group !~of citizens and property owuers living in the immediate area, appeared before Counci[ and filed a petition bearing twenty-seven signatures, objecting to the rezoning of t! lots located on Rugby Boulevard and Tenth Street, N. W., and requested that Council !!concur in the recommendation of the City Planning Commission that the request he ]Idenled, stating that these people have bought homes, some have lived there for years Iiand that they do not want any further business in their community. Also appearing in opposition to the rezoning were ~s. Dorothy S. Green, ~. i!LeR H ghes nd Mr. L. tt. Sr. Tuck, ~. K. A. Pate, Attorney for Mr. J. L. Powell, the petitioner, appeared before llCouncil and stated that Mr. Powell is sick and unable to be present for the hearing but that before final decision is rendered he would like for the body to hear Mr. Powell, Mr. Pate advising that Mr. Powellwants his property rezoned for business use, that Tenth Street ds now a main traffic thoroughfare, that it is no longer desirable as a residential area and if the property is zoned for business it will be~ . After a further discussion of the matter, Hr. Woody moved that Council in the reco~mendation of the City Planning Co.~mission and that the request for rezoning be denied. The motion ~s seconded by Hr. Young. In a discussion of the motion: Hr. llanes advised that he feels Council hold in abeyance for one week the decision o~ the request in order to give Hr. Powel~ opportunity to appear before Council and offered as a substitute motion that Council postpone for one week the final decision on the request to rezone. The motil seconded by ~{r. Hinton and lost by the following vote~ AYES: Council members Nanes and Minton ............. 2. NAYS: Council members Pickett, Waldrop, Woody, Young, and the President, }M. Webber ............................. 5. %~ereupon, the original motion as offered by Mr. %foody %~s adopted by the following vote, Hr. Minton explaining that he is voting for the original motion ibecause he feels the request for rezoning should be denied, but Pmd hoped the matter would be postponed for one week: AYES: Council members Minton, Pickett, Waldrop, %body, Young, and the President, }M. Webter ................... G. NAYS: ¥~. Hanes .................... 1. Z0NING: Notice of a public hearing on the question of rezoning from General Residence District to Business District property located on the southwest corner of Grayson Avenue and Tenth Street, N. W., described as Lot 11, Block 8, Rugby}Mp, having been published in the Roanoke World-News pursuant to Article XI, Section of Chapter S1 of the Code of the City of Roanoke, setting the time of the hearing at'i 2:15 o'clock, p. m., October 5, 1953, the matter %ns before Council. In this connection, Mr. Benton O. Dillard, Attorney, representing a group citizens and property owners living in the lm~ediate area, appeared before Council and filed a petition bearing twenty-seven signatures objecting to the rezoning of the lot located on Grayson Avenue and Tenth Street, N. W., and requested that Council concur in the recommendation of the City Planning Commission that the request be denied. Also appearing in opposition to the rezonlng were ~rs. Dorothy S. Green, Hr. LeRoy Hughes, Mr. ~. H. Tuck, Sr., Hr. ~. ~. Bailey and Mrs. W. E. Ab~itt living in close proximity to the lot, Mr. Bailey and F~e. Abbitt stating that the area in question already has a shopping and business section on Eleventh Street, N. W., and that they object to any other business area. Hr. J. S. Sherertz, Attorney, representing the petitioner, Mr. S. A. Carter, appeared before Council and stated that his client has donated land for street widening in past years and ia willing at this time to donate an additional five foot strip to widen Tenth Street, also calling attention to other properties In the area being used as business. Mr. S. A. Carter, who w~s present at the meeting, advised that he can not dispose of this lot to a good advantage as it is presently zoned and that his plan is to construct a large storeroom and several small rooms for the purpose of a radio shop, barber shop, etc. After a further discussion of'the hatter, Hr. Young moved that Council in the reco.~endation of the City Planning Co~mlssion and that the request for lng be denied. The motion was seconded by Mr. Woody and adopted by the following 477 478 · votej ~ro Hanes advising that to be consistent he is not voting for the motion since he voted against a similar motion with regard to other property in the same areal AYF~I Council members Hintonj Pickett~ ~'aldrop~ ~oody~ Young~ and the President, Rt. ~ebber ............. 6. NA¥SI Er. Hanes ........... ZONINg-SSTBACK LINESt Mro Richard F. Pencej Attorney from the law firm of Dodson and Pence, Attorneys representing Southern Oxygen Company, In~orporated~ appeared before Council and asked that the provisions of Ordinance No. 1907 insofar as they relate to a setbeck line on Center Avenue~ N. U., be ~raived with respect to the property o~ned and occupied by the Southern O~ygen Company, Incorporated~ on the northerly side of said street at its intersection with Sixth Street~ N. ~., stating that a Fermlt ~as issued by the Department o£ Buildings on August 29, for the construction of a new bulldin~ to be used and occupied by the Southern Oxygen Company, Incorporated, that at no tl~e ~as it broulht out that a setkack existed on the street, that the permit issued made no provision to have the butldi~ set back~ that all plans were approved ~y the Building Inspector and that the building ~as completed approximately one year ago~ Hr. Fence advisin~ that the Cit~ Manater has now notified the company that they are in violation of the setback requirement, statin~ further that it will cost $25,000.00 to cut the buildin~ back to conform with the provisions of the Ordinance. In this connection~ Mr. Fence requested that Council take steps to either waive the provisions of the Ordinance as to this one lot o~ rescind the Ordinance since the ~er.~t was issued and atl plans and specifications ~-ere approved without calling attention to the set,ack require~ents. After a discussion of the matter~ on motion of I/r. %~aldrop, seconded by Mr. %;oody and unanimously adopted, the question of the need for the existing lines on Center Avenue was referred to the City Planning Commission for study, and recom~endation to Council. ~LFARE DEFAR?MEN?= Mr. Charles L. Dickerson appeared before Council and asked that his Old A~e Assistance allotment check be restored to the original per month~ advising that it has been reduced to ~4S.00 per month~ 14r. Dtckerson stating t~mt he has no other income and that it is impossible loc him to exist on what he has been receivin~. Mr. Jo~m H. Fallwell~ Director of Public %~elfare, who was present at the meetin~ advised that two catelorles have been cut five per cent this year~ they being Aid to Dependent Children and Old A~e Assistance~ in order to stay within the bud~et-appropriations made by Council for this year and brought out that had there not been a redistribution of monies earlier in this year the cut in Old A~e would have been sooner. Mr. Fallwe11 in answer to a question from Council, advised that it would take $5~000.00 monthly for Aid to Dependent Children and $221.00 monthly in city money for Old A§e AsSistance clients~ stating that the city pays about nine per of each Old A~e Assistance dollar and ten per cent of Aid to Dependent Chlldren~ which would mean about $500.00 per month for the city. After a further discussion of the question, on motion of Hr, Waldrop, seconded by Hro Hanes end unanimously adopted, the matter was taken under considerat PETITIONS AND COI~NICATIONSs STREET IHt~OVEHENTSs A petition signed by twenty-two citizens living on and Tlpben Avenue, S. E., asking that some oil or gravel be put on Tipton Avenue to relieve the area of the dust nuisance, was before Council. On m orion of Hr. Minton, seconded by Hr. Waldrop and unanimously adopted, the request was referred to the City }~nager for disposition. BUD6E?-AIR POLLUTION CONTROL: The following co.~r~unlcatlon fromMr. H. B. Boynton, Chairman, Air Pollution Control Advisory and Appeals Board, in connection with the budget and request for equipment for 1954, was before Councils "September 16, 195S Honorable Roy L. Webter, Mayor of the City of Roanoke, }~unicipal Building, Roanoke, Virginia. Dear Sirs As Chairman of the Air Pollution Control Advisory and Appeals Board, I asked Mr. Frost for a copy of his requested budget for his department for the year 195~ as %ms submitted to the City Manager. This has been reviewed and I believe it to he reasonable in every respect. It is noted that Mr. Frost is asking for $250.00 for equipment, which Includes a polaroid camera and a smoke control autor~atic indicator. It is believed that beth of these pieces of equipment are necessary for the properll Functioning of his department. A polaroid camera will permit him to have available for his use on the spot prints of pictures of violations so that he can use them for correction purposes without having to wait one or two days for development of the usual type of negatives. The vTiter has pre- viously talked to you about the need for having the smoke control automatic indicator. Our Committee sincerely hopes that this equipment cost can he allowed and that his budget as requested can be approved. Very truly yours, (Signed) H. B. Boynton Chairman, Air Pollution Control Advisory & Appeals Committee" On motion of Mr. Young, seconded by Hr. Waldrop and unanimously adopted, the co..-mmnicatton Vms referred to the City Manager for his consideration In preparin{ the proposed 195~ budget. ' S~RS: Two communications, one from Mr. L. E. Plnkard and one from Mr. Albert A. Smith, advising that they have received notices from the city to connect to sanitary sewers within sixty-one days and asking that they be given additional time to comply with the notices, were before Council. ' On motion of }Ms. Pickett, seconded by Hr. Hanes and unanimously adopted, th~ requests ~re referred to the City Manager for disposition. CIVIL DEFENSE: The following communication from Mr. J. Robert Thomas, Coordinator, Office of Civil Defense, together with a resolution as prepared by the City Attorney, was before Council: "October 1, 195B The Council of the City of Roanoke Sentlemen: Attached herewith is a resolution and a memorandu~ of agreement between the Common~malth of Virginia and the City of Roanoke providing for mutual aid in event.of a disaster fro~ enemy attack or natural causes. Existing state law provides for the mutual aid contemplated under the agreement. The agreement is required under federal law to qualify the state 47. 4'80 and city for allocations of federal funds for the present civil defense program, and for reimlmrsement of expenses and damages incurred in such ~utual aid, The agreement has been approved by the Attorney General of Virginia the City Attorney of the City o£ Roanoke. Passage of the resolution is recommended, Very truly yours, (Signed) J. Robert Thomas Coordinator" After a discussion of the matter, Hr. Young offered the following (#11956) A RESOLUTION authorizing and directing the City F~nager for and behalf of the City of Roanoke, to execute the Civil Defense gutual Aid Agreement by and between the City of Roanoke and the Commonwealth of Virginia, this day consider~ by this body, an original of which is on file in the office of the City Clerk; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20t Page 31.) Mr. Young noved the adoption of the Resolution. The motion was seconded by Yr. Minton and adopted by the following vote: AYES: Councll members Ranas, Minton, Pickett, %faldrop, Woody, Young, and President, t.M. Webber ............... 7. NAYS: None .................. O. REPORTS OF OFFICERS: BtU)GET-CITY JAIL: Council at its last regular meeting having requested the City ~Mnager to get a more detailed report on what the $500.00 request of the City Sergeant for jail repairs covered and to also give Council the balance in the account already allocated to Jail Repairs, he submitted written report showing expenditures for paint, brushes, plumbing repairs and miscellaneous covering locks,iI etc., totaling $~SG.O0, leaving a balance of SGA.O0 in the Repairs account and submitted a further co~unlcatlon from the City Sergeant advising that the $S00.00 additional request is for work to be done on the locking devices of the city Jail; whereupon, Hr. Hanes offered the following e~ergency Ordinance appropriating to the Repairs account: (#11BST) AN ORDINANCE to amend and reordain Section #SO, "Jail", of the 19~S Budget Ordinance, and providing for an e~engency. (For full text of Ordinance, see Ordinance Book No. 20, Page S2.) Mr. Ranes moved the adoption of the Ordinance. The motion was seconded by ~. Waldrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, ~aldrop, Woody, Young, and President, Mr. Webber ................. 7. NAYS: None---2 ................ O. POLICE DEPARTMENT: The City Manager submitted written report together with a letter from Dr. F~rcellus A. Johnson, Jr., advising that Lieutenant W. B. Carter of the Police Department is still unable to return to his regular work as a result of injuries received on June 4, 1953, the City Manager asking for a sixty day extension of Lieutenant Carter!s regular salary. Mr. Minton moved that the request of the City Manager be concurred in and that the City Attorney be instructed to prepare the proper Resolution authorizing payment of the salary not to exceed sixty days for the next meeting of Council. motion was seconded by ~M. Hanes and unanimously adopted. IJ ~ATER DEPAI~T~E~T~ Council at its regular meetin~ of September 14~ ~v~ request~ the City ~er to ascer~ln vhether or not the citizens of the Blue Ridge Heights section ~uld ~ vllli~ to ~der~lte the cost of provid~ng adeq~te ~ter system In the area ~der Rule 26 of the Rul~sand ReZulations of the ~fater ~r~ent of the City of R~noke, relatln~ to ~nter service outside the corporate limits of the city~ he submitted the follo~n~ report~ ~Septe~r ~ 1953 City Co~cll Roanoke, Vtr~lnia Eem~ers of Co~cll~ Y~ referred to ne the ~tter of discussing ~[th the residents of the Blue Ridge l~el~hts section the question of ~rnl~n~ ~ter to the area on the ~sls of ~ater ~partnent*s Rule 36. ~is ~tter ~s discussed at ~reat len~t~ In my office on Septemter 1953. ~ith nembers of the Blue Ridge IIe~ht~ ~ater Cow~lttee, ~. Fred Stiff (C~ir~n), ~. R. L. Cook, and ~M. J. R. Jo~son~ alon~ ~lth ~. Ruston of the ~fater Depar~ent. ~e Co~lttee ~s of the opinion t~t the cost of complyin~ ~lth Rule 36~ approxl~tely ($25~ ~ 75) $3~.~ per res~dent~ ~ould ~e ~eyond the me~ns of most cons~ers. It ~s ~rther brought out that especially durtn~ on high ground on Jeanette Avenue ~ere vlthout ~ter at times. After care~l consideration of all factors of the ~tter~ It ~as the ~animous opinion that the ~tter re, in in status quo ~til the end of the year~ subject to reviev at that time. The ~ater bills ~ve an~ ~re ~eln~ paid. Respect~lly sutmitted~ (Sl~ned) Arthur S. ~'ens Arthur S. On motion of Er. ~aldrop, seconded by ~r. ~iinton and un~nimously adopted~ the recom~endatlon of the City Ha~ger ~s concurred in. S~T LIGHTS~ ~e City Hanager submitted ~ttten report recommendin~ the installatlon of one 2~ l~en overhead incandescent street light tn the 1~ block ~of ~'enty-second Street~ S. ~. ~.M. ~fo~y moved that Co~cil concur In the reco~endation of the City ~ana~e: and ~ffered the follo~i~ Resolution: (~11958) A R~OL~ION ~uthorizln~ the installation of one 25~ l~=en overhea~ lnc~descent street light in the 1~ block of ~'enty-second Street~ 3. ~f. (For ~ull text of Resolution, see Ordinance Book No. 20~ PaEe 32.) ~M. ~fo~y moved 2he adoption of the Resolution. The ~otion ~s seconded by ~. Itanes and ~dopted by the follo~fn~ vote~ A~S~ Co~cil mem~rs H~nes, ~inton~ Plckett~ ~faldrop, l.fo~y~ Yo~, and the~ President, ~. ~feh~r ................ 7. NAYS~ None ................... S~T3 AND ALL~3: Co~ctl at its re~lar meetin~ of September 21~ 1953, ~vin~ referred to the City ~a~er a ~etition from residen~s on Princeton Circle~ N. E., requestin~ street repair~ sidewalks and street light, he submitted the follo~ lng report: "R~noke~ Virginia Octoter 5~ 1953 To The City Co~cil Roanoke~ Vlr~inla Hembers of Co~cll~ You referred to me in your File ~57~6~ fr~ the meeting of Septem~r 21, 19~ a petition from residents on Princeton Clrcle~ N. ~.~ concerntn~ repairs, street ll~hts~ etc. 482 Hay I respectfully request that these citizens ~e advised that if they viii petition you for curb and gutter in plenty of time to have it Installed in 1954. ye can include it in our program: the citizens paying half and the City half. t/ith reference to repairing the street: we villg of course: keep the street in repair and as soon ae it is paved rill make a permanent thorough- fare of it. With reference to the street light provisions have already ~een made to investigate this; and you have already approved the installation of the Respectfully (Signed) Arthur S. Ovens City Hanager" On motion of }Ir. }faldrop, seconded by Hr. Young and unanimously adopted, the report vas concurred in. STRER'f IIIPROW~t,'-~-ITS-STATE HIGH}fAYS UITttlN CITY LIHITS: The City Y~anager ['~advlsed Council that condennatlon suits authorized by the ~ody for the acquisition lof two parcels of land o~ned by }Ms. Bonnie Lee Sharpe and ]~r. 6regory L. Smith, needed by the city for the purpose of widening and improving Rershberger Road were brought several weeks ago in the Law and Chancery Court and that the suits have been dropped since the court ruled, after hearing the case, that the city had not .made i bona fide offers for the two parcels of land, and asked Council to adopt a resolutto directing the City ganager to attempt and offer to purchase the properties. In this connection~ the City Attorney advised that the city brad made bona fide offers for the lands but on less land than it actually needed and wanted to tak Mr. %;oody moved that Council concur in the request of the City ]~.anager and offered the following emergency Resolution as prepared by the City Attorneys (~11959) A RESOLUTION relating to the acquisition of certain properties necessary for the widening and improvement of Hershberger Road, N. W.; and providing; for an emergency. (For full text of Resolution, see Ordinance Book ~,~o. 20, Page ~.) ].ir. %:oody moved the adoption of the Resolution. The motion %~s seconded by Z-Ir. ]41nton and adopted by tke following vote: AYES: Council members Hanes, ],!inton, Pickett, Yfaldrop, Yfoody, Young, and '.the President, }~. %feb~er ................ 7. NAYS: None ....................... O. BUDGET-FIRE DEPARTMENT: The City Manager presented %Titten report concurrin~ in a request from the Chief of the Fire Department to transfer $1,000.00 from the Supplies account to the l{aintemance of Apparatus account in the Fire Department budget for 1953. Hr. %faldrop moved that Council concur in the request and offered the i'i fol!owin~ emergency Ordinance: ii (~i1960) AN ORDINANCE to amend and reordain Section ~6~, "Flre Department", of the 1953 Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page ~4.) ].ir. %faldrop moved the adoption of the Ordinance. The motion ~s seconded il by PLr. ][inton and adopted by the following vote: i AYES: Council members Ranes, Minton, Pickett, %faldrop, %foody~ Young, and ithe President, ............... ?. Ii NAYS: None ...................... O. REPORTS OF COM~tlTTEES: None UNFINISHED BUSI~rESS: COMPL%INTS-JU~qf YARDS: Conncil havlr~ taken under advisement the request of delegation of citizens living in the Hollins Road area that the automobile Junk yard in the 1800 block of Hollins Road be removed, the matter was again before the body. In this connection, Mr. Caldwell Butler, Attorney, representing the citizens of the area, appeared in further protest to the Junk yard, stating that he ~gnts to go into the objection from the standpoint of whether or not the city will have to allow this type of business in the area since the land was zoned prior to annexation After a brief discussion of the matter, ~M. Young noved that the complaint be referred back to the City ~nager to confer with Mr. Ho~er B. Shropshire, owner of the Junk yard, and find out if he will, in friendly cooperation with the city, do what he can in the removal of the automobile Junk yard on Hollins Road. The Notion seconded by Hr. Waldrop and unanimously adopted. CONSIDERATION OF CLAI~: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLL~IONSz ZONING: Ordinance No. 11944, providing for the rezoning of property located the south side of Orange Avenue, N. E., between Osborne Street and Vinton Road, having previously been before Council for its first reading, read and laid over, was again before the body, ~Ms. Pickett offering the following for its second reading and final adoption: (#11944) AN ORDINANCE to a~end 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 28.) ~Ms. Pickett noved the adoption of the Ordinance. The =orion vas seconded by I.M. Minton and adopted by the following vote: AYES: Council members ~anes, Minton, Pickett, Valdrop, l~ody, Young, and the President, Mr. Webber ................ 7. NAYS: None ....................... O. CITY CODE-TAXES: Ordinance No. 11948, establishing a new tax rate for the year 1954 for the City of Roanoke, having previously been before Council for its first readlng, read and laid over, was again before the body, Hr. Young offering the following for its second readin~ and final adoption: (#11948) AN ORDINANCE to amend and reordain Section 1 of Chapter 17 of the Code of the City of Roanoke, as m=ended on the 6th day of October, 1952, (Ordinance No. 11574), establishing and levying the annual tax rate on all real estate and improvements thereon, upon all tangible personal peroperty and upon all machinery and tools, including machinery and tools used in manufacturing and mining businesses, the City not exempt from taxation by lay. (For full text of Ordinance, see Ordinance Book No. 20, Page 28.) ~M. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYFF~: Council nembers Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............... 7. NAYS: None ...................... O. ACADE~Y OF ~SIC: Ordinance No. 11952, authorizing the leasing of the old Academy of t~stc building lot located on Salem Avenue, S. W., having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Minton offering the following for its second reading and final adoption: (#119S2) AN ORDINANCE authorizing the lease of a certain City-owned lot on Salem Avenue, S. W. (For full text of Ordinance, see Ordinance Book No. 20, Page 29.) 483 484 Hr. Minton moved the adoption of the Ordinance. The motion was seconded by Hr. Waldrop and adopted By the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Hr. Webber ............... 7. NAYS: None ...................... O. SALE OF PROPERTY: Ordinance No. 1195~, providing for the sale of a ~lty owned lot located on the south side of Brambleton Avenue~ S. W.t between Rosewood IAvenue and Woodlawn Avenue, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Woody offering the following for its second reading and final adoption: (#11953) AN ORDINANCE providing for the sale of a small triangular strip !iof land, being a portion of Lots 3 and 4, Section 19, Orandin Court Annex Map, iilocabed on the south side of Brambleton Avenue, S. }!., between Rosewood and l!oodlawr i:Avenues, to Mr. O. F. Carnack, at a consideration of $50.00 cash. (For full text of Ordinance, see Ordinance Book No. 20, Page SO.) Hr. Woody moved the adoption of the Ordinance. The motion ~ms seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, }~ldrop, ~'oody, Young, and 'the President, Mr. Webber .............. 7. NAYS: None ..................... O. DONATIONS-PARKS AND PLAYGROL~JDS: Council having previously requested the Attorney to prepare proper Resolution acceptin~ the offer of Mr. Steve Brody to :donate two concrete benches to the city, he presented sa~e; whereupon, Mr. Hanes ioffered following Resolution: the (#11961) A RESOLUTION accepting the offer of Mr. Steve Brody to donate two l. concrete benches, of a design to be approved, to be placed on the Church Avenue Plaz ilfor public use; and expressing to Mr. Brody this Council's appreciation for his igenerosity. (For full text of Resolution, see Ordinance Book No. 20, Page 24.) Mr. Hanes moved the adoption of the Resolution. The motion was seconded by imf. Yomng and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, ?aldrop, ~'oody, Young, and iithe President, Mr. Webber ............... 7. i NAYS: None ...................... O. STADIUM-}[AHER FIELD: The City Attorney having been requested by Council to !prepare the proper Ordinance authorizing the execution of a contract leasing ~{aher ?Field to Roanoke Fair, Incorporated, for one week durln~ September of 1954, he !presented sm~e; whereupon, Mr. l(inton moved that the following Ordinance be placed upon its first reading. The motionwas seconded by Mr. Hanes and adopted by the Ifollowing vote: AYES: Council members Hanes, Minton, Pickett, %'aldrop~ %reedy, Young, and 'the President, lit. Webber ............... 7. NAYS: None ...................... O. (~11962) AN ORDINANCE authorizing and directing the City Manager, for and on behalf of the City of Roanoke, to enter into a contract with American Legion Post No. 3, o~zner of the Roanoke Fair, Incorporated~ for the use of ~-~aher Field and that portion of space under the stands of the Roanoke }[unicipal Stadittm not designated by the City Manager for municipal purposes, for the period from August 30th through September 4th~ 1954, lneluslYe, (and conditionally granting said corporation two optional periods) upon the same terms and conditions contained in the contract between the City and said corporation~ dated the 15th day of July, 1953~ for the use of said facilities for the fair it held and conducted in the year 1953. BE IT ORDAINED by the Council of the City of Roanoke that the City ~ager be~ and he Is hereby~ authorized and dirccted~ for and on behalf of the City of Roanoke, to enter into a contract with the ~erlcan Legion Post No. 3, owner of Roanoke Fair~ Incorporated, for the use of }~her Field and that portion of the spac under the stands of the Roanoke Hunicipal Stadima not designated by the City Manage~ for municipal parposes~ for the period from August 30th through September 4th, 1954~ inclusive, upon the sane terms and conditions contained in the contract between the! City and said corporation, dated the 15th day of July, 1953, for the use of said ii facilities for the fair it held and conducted tn the year lO53 Ii BE IT FUR~UERORDAINED that said imerican Legion Post No. 3 be, and it is i! hereby~ option of changing the above period, viz.: August 30th throughi! granted the September Ath, 1954, one week earlier or one week later; provided such change of !I date in no way interferes with the schedules of the Department of Parks and Recreation. The Ordinance having been read, ~.as laid over. I' IIOTIONS A~$ MISCELLAI~OUS BUSINESS:' AIRPORT: Councihnan Young raised the question of the advisability of repealing Ordinance No. 1194~, authorizing the leasing of two rooms in the Cannaday House ab the Roanoke Municipal Airport, Mr. Young stating that the Ordinance as adopted does not specify that the rooms would be rented to the Plednont Airlines as he understood the original request to be, stating further that it is possible to get an undesirable tenant in the building as the Ordinance is dra%~ and offered the following emergency Ordinance repealing Ordinance No. 11943: (#11963) AN ORDINANCE to repeal an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the 28th day of September, 1953, No. 11-°43, entitled, "An Ordinance authorizing the City Manager to lease two rooms in the Cannaday House[ at the Roanoke Municipal Airport (%~odrum Field)", and providing for an emergency. (For full text of Ordinance, see Ordinance Book Ilo. 20, Page 35.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Woody and adopted by the following vote: AYES: Council members itanes, Minton, Pickett, !';aldrop, !.!oedy, Young, and the President, Mr. Webber ............... 7. NAYS: }lone ...................... O. In this connection, 1Er. Young stated that he has no objection to leasing the rooms to the Plednont Airlines and noved that the City Manager be instructed to contact the airline officials for a definite request to rent the rooms. The motion was seconded by Mr. Waldrop and unanimously adopted. GRADE CROSSINGS: The City l~nager presented the following cox~unication from the City Attorney with reference to the purchase of land necessary and needed In connection with the Jefferson Street Grade Crossing Elimination Viaduct and Project: Mr. Arthur S. Owens City Manager Roanoke, Virginia "October 5, 1953 Re: VIADUCT - Katie and J. p. Foy, et al. Parcel No. 40 - 485 I write this letter in order that you may present the sames in sessions to Council and obtain a directive in the premises° The Railway Company, the Commonwealth and the City have all agreed to  rchase and the record owners to sell the above property to the City for 2sO00,O0 cash. Pursuant to the Will of Patrick Foy, deceaseds his children share in the property as followsl Katie Foy ................... 25% Mrs. C. O. Conway ........... 25~ Jas, P. Foy ................. 25% Jno. P. Foy ................. 12-1/2% Thomas H. Foy ............... 12-1/2% It is provided, howevers that the 12-1/2% share of Thomas H. Foy shall be held in trust for the bonefit of Thomas H. Foy and his children. Hiss Kate Foy has informed me that Thomas H. Foy is about 58 years of ages is married and has two chlldrenl Patrick J. Foys unmarrieds who is about SO years of ages and Mary Foy Ivanou, who is married and is about 27 years of age. She further states that she believes these two children and the daughterSs husband would Join with the other heirs in a deed conveying this property to the City. Upon the death of their father Thomas M. Foy his 12-1/2% interest would descend to and vest in his children in fee simple. The situation casts a cloud on the title to this property. Should Thomas H. Foy's children and his son-in-law Join with the other heirs of Patrick Foy in a deed conveying this property to the City the City would get, in my opinion, good title subject only to the right therein of any children subsequently born to Thor~as M. Foy. If such a deed was passed and Thomas M. Foy should have future born children who night assert a claim the City could then purchase or, if need be, condemm such interest end it might be reasonable to ass~e that Commissioners would find, as the deed would evidence, that $12,000.00 was the fair value of the entire nronerty, and, accordingly, that approxlnately 4% thereof the value of the then' outstanding interest of Thomas }% Foy. rather believe that the City could afford to take this chance. However, naturally want to be of record in the premises. Very truly yours, (Signed) Ran G. %Pnfttle City Attorney" After a discussion of the matter, PLr. Ranes moved that Council concur in the !letter from the City Attorney and that the City Attorney be requested to prepare a Resolution authorizing and directing the approval as to form and execution of a deed on the basis of the letter for presentation to Council at its next reguler meeting. !The motion was seconded by Hr. Young and unanimously adopted. There being no further business, Council adjourned. APPROVED ~ Cler~ ~ t 48? CO~J~CIL~ I~ULAR )~nday~ October 12~ T he Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the L*unicipal Building, F~ndayj October 12~ 195]~ at 2:00 o~clock~ p, m.j the regular meeting hour~ ~ith the Fresident~ fir. ~ebber~ presidin~. PRESEt: Council nenbere Hanes~ }finton~ Pickett~ ~aldrop~ ¥oody~ Young~ and the President~ }M. '.~ebber ......... 7o ABSEt~T: None ........................ -0. OFFICERS PRESgNT: Fa'. Arthur S. Owens~ City ~ianager~ }ir. :Randolph G. l~hittle~ City Attorney, and ~,r. Harry R. Yates~ City Auditor. The meeting was opened with a prayer by the Reverend A. L. James~ Pastor of First. Baptist Church (Colored). fiINUTES: Copy of the minutes of the rezular meeting held on ~1onday~ Septe=ber 2~, 19~], having been furnished each member of Council~ upon motion of Kro Hanes, seconded by f[ro }-linton and unanimou~ly adopted, the reading was dispensed! with and the minutes approved as recorded. HEARI~ {F CITIZENS UPON PUBLIC ~'~TTERS: $~dEBS: Pursuant to notice of advertise=ant for bids for thc construction of a 12-inch sanitary sewer to serve the l]atts property west of Tenth Street, N.~., the plans and specifications tier the project to be furnished by the office of the City Engineer~ ~aid bids to be received by the City Clerk until 2:00 o~clock~ p. [~nday, October 12, 19~], and to be opened before the Council of the City of Roanoke at that hour~ the President~ I,[r. l'febber~ asked iti there ~s anyone present ~o did n t fully understand the advertissnent, if there ~as anyone who had been denied the privi- lege of biddin~ or if there were any questions anyone would like to ask, and no one present raising any question~ the President instructed the Clerk to proceed with the openinu~ of the three bids received. The bids having been opened and publicly read bstiore Council, ~[r. Young of- tiered the following Resolution: {~11~6~) A RESOLUTICN referring bids for the construction of a 12-inch sanitary sewer to serve the ~att~ property west oti Tenth Street, No ~,~oj to a comnittee conposed of ¥.r. Arthur S. O~ens, City ¥~nager, ~lr. John L. ~.~ent~orth, Director of Public t~orks, and ~r. N. Cletus Broyles~ City Engineer, for tabulation and report to the Council oti the City of Roanoke at its regular nesting on ~[onday~ October 19, [For full text oti Resolution see Ordinance Book No. 20~ Page Er. Young moved tho adoption oti the ~eeolution. The'notion ~s seconded by ~ir. Waldrop and adopted by the follo~ln~ vote: AYES: Council members Hanes, I'[inton, Pickett, '~aldrop, l~oody~ Young, ~nd the President, ~ir. 'dabber ........ 7. NAYS: None ................... O. ZONII~: Notice of a public hearing on the question of rezonin~ from General tesidence District to Business District property fronting on the south aide 488 Avenue~ N. lq,, described as Lots 1~-21, inclusive, Block 3, Map of ¥111iam Fleming Court; property fronting on the south s ide of ~/entworth Avenue, ]ioW.~ dee scribed as Lots 13-21, inclusive~ Block ~ ¥.~p of William Fleming Court; and on the north side of AnEell Avenue~ N.%/.~ described as Lots 2~-]2v Block ~ Map of William Fleming Court~ having been published in The Roanoke World- pursuant to Article XT~ Section ~3~ of Chapter ~1 of the Code of the City of setting the t~ne of the hearir~, at 2:1~ otclock~ p. m., }~r~ay, October !12~ 1953~ the matter was before Council. In this connection, Dr. Olin R. Melchionna and Ar. R. M. Jennings appeared Oefore Council, Dr. Eelchionna stating that he represents his father who has put- ?based. property on ~ngell Avenue for a residence and that his father objects to any !rezoning of property on Angell Avenue that will permit the fronting of business !~property on it but that he has no objections to any rezoning that will Fermit the ibulldings to face on Williamson Road. )5~. Jennings advised that he wants Angell Avenue left as is to its inter- iseetton with Wllliamson Road. Also in this connection, ~L~. T. L. Plunkett, Jr., Attorney from the Law l~irm of Strickler, Plunkett and Striekler, representin~ the petitioners, )~. C. F. Kefauver and }5-. J. H. Fralin, appeared before Council and advised that his clients own the property faein~ on Wlllia~son Road hut that the depth of the lots is not ~Sufficient to construct a large building, that the request for the rezoning of lots on AnEell Avenue is to permit the construction of a huildinE at least thirty feet 'back from lqilliamson Road and that ErantinE of the rezoning would provide for off- [Street parking, ~.Ir. Plunkett eallin~ attention to the fact that his clients have already a~reed to leave a seventy-five foot strip of land on the south side of %lentworth Avenue and seventy-five feet on both sides of An.~etl Avenue as a protectio~ %o the lots in the General Residence District located east of the property on An~ell Avenue requested to be rezoned. }~. Plunkett further urged that his request he granted and that Council !.coneu~ in the reeo~endatiun of the City Plannin~ Co~mission. In a discussion of the request, )~r. Youn~ suggested that sufficient p~operty j;be rezoned for business to allow fo~ construction of a huildin~ and that the petitior iapply for a non-conforming permit for the renainin~ lots to be used for parking pur- l!poses, ¥-r. Plunkett ad¥is!n~ that he is not in a position to say ~ust how much land would he needed for the hutldin~ at this time. After a further discussion of'the matter, ~.~. ~.linton noYed that Council take iithe matter under advisement for one week since some members of ~ouncil may want ilito look at the property in question. The motion was seconded by *'*r. lqald~op and !unani~ously adopted. i PETITIONS A}~D ¢OF~.~NICSTIONS: il STREET LIGHTS: A ~o.~-Ta/nication frc~ the Appalachian Electric Power Company ]~ ett 'n il x g forth looations of street li§hts installed and removed durin~ the month of i~eptember, 19~3, was before Council. The communication was filed. SCHOOL BOARD: A communication from Dr. E. lq. Rushton, Superintendent, :~oanoke City Public Schools~ tran~mitting to Council copy of a re~o~c from Superin- tendent E~eritua D. E. llc~llkin entitled~ eSchool toll Projection for ~oke City, Yirginia~ 1953-1961e, ~s ~fore Co~cil, l.~. Kc~i~in*s re~rt includ~ the follo~int notes and s~estions: (1) ~et the early J~ior ~l~h need by acco~da~in~ some 7th ~rade pupils In ne~ly built Ele~enta~ buildhis. This is the present practice~ thou~ not ~st desirable. (2) }Met the ~enior High need by acco~atin~ ~o~e loth grade ~upil~ J~lor High bullding~, ~hich plan ~11 hold ~ore 7th grade pupll~ back the ne~ elementary buildings, (]~ Eeet the later J~lor High need and al~o ~enior High need (2), by acco~odatinl sone 9~h grade pupils in the ne~ High {~) ~ ready to meet the ~nior ~l!h need, and relieve the Junior High School by conpleting the ne~ High School not later than Septenber ~ese estl~ed needs a~ scheduled are min~ ~d ~ubJect to enlargenent in the face of larger increa~es If they appear. If ~ds are available for ne~ J~inr ~lih School by Septem~r 19~9, ~ssibly on the 20-acre plot ~uff Mne 5chool~ the pupils would be affo~ed better acco~odation. Should the city decide to abandon ~e Jr., a~ a ~chool building and ufe it for some other civic need~ and convert the present Jefferson High School into a J~ior High School for the ~outhweat section when the ne~ High 3chool built, ~uch a ~hift would see~ reasonable. To complete a ne~ Senior High 3chool by Septenber 19~9~ pl~nin~ and steps to provide ~ds should be taken at once. See detailed step~ suggested ~der caption ~Su~estions~. Also the~e is need of ~o~ additions to ~tlliam FleminE High School and Jackson J~lor High School of an Audito~l~ and a G~asi~a~ ea~ s~ool. These addl~ions are needed a~ once to ~de~nize ~hese %we schools ~d ~ould be made a~ as early a da~e as %he city la wlllin~ to provide ~he funds. Sua~es%ions: (1) ~a~ a $1,~ ~ issue be ~eques~ed a~ once~ ~ney %o ~ made awatlable as needed fo~ erection of fou~ new %wel~e-mom e!emen%a~ schools and four s~-room elenan~ school additions durin~ 19~&-5~. This tion p~E~am is estimated %o c~e for ~he ~otal city increase %o Septe~e~ 1959, by acco~oda~in~ [~ades as suEEes~ed in char~ ~3. (No~e, a a~ual school buildin~ ~pp~p~iation by Oi~y~cil fo~ %he next fi~e years, be~i~inE in 195&, would meet %his need.) (2) That plans for a new Senior High School on the Shrine Hill site be started at once, beginning with a request of City Council to unde~wrlte the cost of the ser~ices of a reco~nized specialist and of contacts with architects for the submission of competitive preliminary plans. A worthwhile step would be an inspection of the numerous plans and models Of modern type high school plants such as Roanoke City should have, that will be exhibited in Atlantic City in February 195&, at the annual national meeting of the Alzerican Association o£ School Administrators. An inspection of these plans by school officials, School Board members, and p~ospective architects would be highly advisable. Since Roanoke City already o~s her site for the new hlEh school buildina, nora rapid proEress in planning should be possible -- the fitting of a new high school plant on a knol~n site --but at best the dis- cussions, the selection of a preliminary plan, the selection of the architect the preparation of a plan with State approval, the completion of the working drawings, the securing o£ a satisfactory bid and the letting of a contract with a constructor, and the actual erection of such a major school plant, (See suggested type of plant on chart ~2) will require four or five years~ The additional bond issue of approximately $3-1/2 million for the new high school should be avilab!e by 1957. (3} It is difficult to be specific as to the exact location of new elementar~i buildings and the order of urgency by sections of the city. Such needs can better be determined annually as the u~ency becomes evident. However, there are a few apparent needs and necessary steps that can be accepted as guides. (1) That the Board follow up its three-year effo~t to acquire a site for a new elementary building in northwest. (2) A Negro building in the Washington Park adjacent to the Lincoln CourL project seems most logical. (3) Another elementary building in the northeast sectio~ to relieve Williamsoh Road, Tinker, and Idlewild-Kenwood sections. (~) A new buildfn~ might well be planned for the northwest corner of Raleigh Court Park to acco~odate 'prospective g~ow%h o£ that immediate section. (5) The additions to the presen or future new elementary buildings should be made in the sections where the enrollment becomes most demanding. (&) As is well known, I have contended with the State Department for a more liberal school hulldinE code, based on the premise that if a Superintendent or an a rchitect comes up with a new and good idea, the State authorities should have the right to approve such ideas, and not be compelled to say ;it isnst according to the book or the set rule; hence, it can't be done.' Progress 490 is made with the birth of new ideas° Ey colleaguee will recall our fight for substantial saving by insisting on lower classroom cellin~ss chan~in~ from the old rule of l~t ceilings with a minimum of 12t to an 11~ ceilinE~ a fight that has made headway, and the recommended 11~ height has become widely accepted. The saving in construction and atter~hnt costs has proved to be considerable, Other improvementst without leesening of service~ are readily conceivable and should be allowable, }5) The estimated cost of the suggested program as eet forth on chart 3 is as follows: (a) The cost of 72 elementary rooms in four new buildings of 12 roche each and in four additions of six rooms each~ at $300°00 per echool and at $90~000 per addition~ estimated at a totel of $ 1~560,000 {b) The cost of modernlming additions at ~illiam Fleming High School and Jackson Junior High School, estimated at 800~000 (c) The cost o£ a 38-room Junior Righ School, or one Junior Rlgh School building and one or mare Junior Righ School additions with modern faellitiest estimated at 1,1~O,O00 id) The cost of a modern Senior Righ School which may or may not absorb the need of a new Junior Rlgh School with modern facilities, estimated at (Possibly less 1j~j(~ if JH5 ia not built}" On motion of Lr. %qoody, seconded by Ers. Pickett and unanimously adopted, ithe report was taken under consideration. REPORTS OF OFFICERS: STORM, DRAINS: Council having previously authorized and directed the employ- ment of Dr. Byron N. Cooper, Geologist, to make extensive geological investigations itcdetermine data and to make recommendations the pertinent concerning underground ~dtsposs1 of surface water accumulating in the ~llliamson Road area, the City ~nager submitted the following report: "Roanoke, Virginia October 12, 1953 To The City Council Roanoke, Virginia Members of Council: I would like to pr esent t o you an official report from Dr. Byron N. Cooper~ concerning the ~itlianson Head drainage study. I would suggest that Council Eembers study the report and map with the possibility of starting several of the disposal wells as an experiment during 1954. The cost of boring the wells and casin~s .~ould have to be analyzed at a later date; but I believe it would be worth while to consider starting at least three or four of these wells if you can include them in your 19~& budget appropriation. I would suggest that you refer the matter to the budget study file. Respectfully submitted, (Signed) Arthur S. Owens City ~nager" The City )~nager then submitted the official report from Dr. Byron N. Cooper which includes the following conclusions and recommendations: "A detailed geological study indicates that the requistteconditions for safe and efficient underground disposal of storm water through disposal wells drilled into the bedrock are met in forty-two of forty-seven areas where water gathers after a hard rain. Some ether method of disposal will have to be worke out for the three pCading areas that lie outside the parts of the district that are underlain by limestone and dolomite. In reaching this conclusion, due consideration has been given to methods by ~ich surface water was drained from this area in the distant past. Obviously, the original method by which surface water disappeared from the district was by way of sinkholes and underground cavities. Some of these natrual openings probably become clogged naturally by 491 slou~hing of eome of the heavy residual clay into the o~en throats of the sinkholes, But veryprobably~ the principal aoL:rce of the present diffi- culty is related to ahiftin§ ~nd moving of eoil from place to place durin~ construction of the hundreds of houses in the ~illiamson Road section. In a real and actual eense~ the reco~endation for construction of disposal Jells to allay the stoP. drainage problem is a *back to naturet reco~endati antended to utilize underground solution holes and caverns for die as were in operation before the poesagewaya were plu~ged with The ~uperior elevation of the ~illlaraon Road diatr!ct, which rises 50 to 220 feet above adjacent drainage, ia favorable for water to drain a' from shallow wells drilled for disposal purpoeeso Some of the springs Tinker and Carvin creek~ indicate probable outlets for er~rgency g draining sections of ~illtamson Road and vicinity. Faults and dislocations tl of strata, numerous in the ~lllianson Road area, have served to break up the[} bedrock and foster underground channels or conduits. The ~l. derground disposal of storm water in the Williamson Road district can ee achieved without danger of sufficient enlargement of the underground openings in the rock to endanger the stability of the surface. The rate of II ~v~.fo~r~.~tfon.?r.~largement is so slo~ in terms of hu~n experience as The disposal wells should be drilled large enough to handle readily the volume of ~r~ter turned into the=, and the size DP a particular well installa- tion can be gaged by this require=ant. D~e installations should be so din- posed aa to allow ready and i~nediate access to remove accumulations of silt and clay. Traps to catch the coarser fractions of the material borne by the novin~ storn ~ater ehould be installed for eac~ disposal well. Construction of disposal wells will provide an efficient and relatively inexpensive method for dealing with the local ~roblem, but the need Pon future additional installations can probably be min~[zed by exerting nora pla/ming and control over ahiftina of clay from place to place in a newly developing addition in outlyin~ aectione of the district. It is estimated that the cost of constructing the necessary disposal wells will be approximately $~0,O00. The most inexpensive and satisfactory method for drilling the necessary wells would be on a contractual basis based upon cost per linear foot for d~llling and casin~ the holes according to speciPications.' In a discussion of the report, the City Yanager advised that he would have copies made for each r~nber of Council. On motion oP l~!r. ~dinton, seconded by ~. Hanes and unanimously adopted, the of the git)' ~nagerwas concurred in and the report of Dr. Cooper was referred to the budget study file for consideration in the 195& budget. PARKS AND PLAYGROUNDS: Council having previously referred to the City ~nagerl study, ~eport and recommendation the request of the ~aleigh Court Civic League ~hat a plan for the development of Shrine Hill Park be prepared after he has con- with the said League, the City Planning Com~ission and the Roanoke City Schooli! he submitted the following report: October 7, ~lembera of ~ouncil: A meeting was held this date to consider the question of developin~ Shrine Hill Park as referred to the City ~nager for study and an ultimate recommendation to Council for consideration durin~ the 195& budget study. ~ 'The following m~re present: )~-. George Dunglinson, Chairman of the Planning Commission; },~. J. R Hildebrand, Plannin~ Engineer. Dr Ed R,,-~*-- I! Superintendent of Schools; ~[ :ohn Thompson of th~ Raleigh ~our~ Civi~ ....... League; and ~.r.R.P. Hunte~a Director, Department of Parks and Recreation. Preliminary investigations revealed that the land was purchased in by the City of Roanoke and designated as Shrine Hill Park. It was the opinio~ of the then City Council that this lend should be designated as a park area. The land is deeded to the City of Roanoke, with no restrictions or exceptions[ ' It was the opinion of the group that the development of Shrine Rill Park as a school - park area, and other city departmental user should be re- ferred to the Planning Co~isslon for the development of a long range plan which would lead to the complete development snduse of this 100 acre plot. Specifically the group recommended that an access road be constructed in 195& and directed the Director of the Department of Parks and Recreation to submit tentative costs for the suggested improvement. The development of the access 49'2 road would be in keeping ~lth a plan prepared by the for~er Superintendent of schools, Do E. EcQullkin. The results of this ~eting served to coordinated interdepartmental planning, The group strongly reco~ended that improvements to be ed in the ~ark area be done in accordance with the lone range plan to developed by the Plannin~ Cor~lesion. The one thine that is to be avoided in connection with the develol~cnt of this acreage is tenporary or expedient As soon as an estimate for road construction is received from the Director of Public Works, mane will be forwarded to the City l~nager and thence to Council for your consideration. Respectfully submitted, (Signed) Arthur S. Owens City ~anager" After a discussion of the matter, Mr. Young moved that the report be ac- cepted, that action be deferred on the proposed construction of an access road until the 1954 budget study and that the overall development of the property be referred to the City Plannin~ff Commission for preparation of a long range plan which will lead to conplete development of the property. The notion was seconded by ~. Minton and i!unaninously adopted. DEPAR~(~NT OF PARKS- TREF~S: The ~ity [Mnager presented the following in connection with the policy of plantin~ trees within the city: "Roanoke, Virginia October 12, To The City C ouncil Roanoke, Virginia l~embers of Council: Along with other changes, modern studies indicate the need for a program of tree planting which is contrary to our existin~ practices. For years we have planted trees in cities alonff the curb, each of ~hich ~as prir~rtly for shade purposes and the attending beautification~ ~Mdern automobiles, the extending foliages covering street lights, the constant uprooting of sidewalks, etc., have caused nan)' of us to change our thinking concerning t~ee planting. It is our belief that in general you should consider the possibility of the enactment of an ordinance that would permit the planting of trees on private property and discontinue the practice of curb planting. Respectfully submitted, (Signed) Arthur S. Owens City $~nager" In a discussion of the report, the City ~nager advised that it is his idea iiithat the city get out of the tree plantin~ huslness and to discontinue the practice liof plantin? encourage planting on private property by %o the trees the [property owner, stating that he feels so~e control should be set up covering the planting. On motion of ~s. Pickett, seconded by ~r. Minton and unanimously adopted, the report was taken under advisement. BOARD OF HEALTH: The City ~nager submitted written report that he has ap- pointed I4r. Jack B. Coulter as a menber of the Board of Health to succeed Kr. John B. Strickler, resigned, for a term expiring June 30, 1954. The report was filed. HIGHWAYS WITHIN CITY LI][ITS: The City ~nager submitted the following report in connection ~ith the relocation of U. S. Highway Route No. 11 from its present meandering through Grandin Court to travel over U. S. Highway Route No. ~60: 493 ~atter ed the ~Roanoke~ Virginia ' October 8, 1953 To The City Council Roanoke~ Virginia Ee~bere of Council: On ~edneeday, October 7, 195]~ ~M. W. Frank Smith~ Urban Engineer for.the State Department of Highwaya~ and Er. Eenneth ~:o Wilkinson, aazstant Traffic & Planning Engtneer~ called at my office and presented to me a map and a reco~endatlon that we change Route 11 from ira present meandering through Grandin Court and have it travel over Mute ~00. ! am attaching hereto a map which I believe you will find beth interesting and enliEhtenlng. ' There wlll be no losa to the City of Roanoke in dollars and cents; but there will be a tremendous saving to the traveling public. Therefore, I recommend that we concur in the au~geation$ of the State Department of H!ghwaya and that they be forwarded ~o the Planninc Com~ission for their consideration and recommendation. Heapectfully submitted, (Signed) Arthur S. Owena City tlanager' In a discussion of the rmtter~ the City ~nacer advised that approxirmtely six hundred vehiclea per day will be involved in the shift of the route and that four per cent of these will be heavy trucks. ~:r. ~;inton called attention to the present traffic load on U. $. Highway Route No. ~60 and especially to the present traffic volume on Orange Avenue east of Eleventh Street~ advising that he doubts the advisability of adding to the traffic load on this street. After a further discussion of the matter, ~. Waldrop moved that the recom- mendation of the City Ifanager be concurred in and that the matter be referred to the ~lty Planning Commission for study, report and recommendation to Council. The motio! ~as seconded by l~. Hanea and unanimously adopted. STP~EET ~iFRGVE~TS-STATE RIa~iA¥S WITHIN CITY LI~ITS: Council at its meet- September 215t havinC referred back to the City l~nafer for clarification the of obtainin~ State Aid Funds for the improvement of Cove Road, N.~f., he present- followin~ report: ~Roanoke,Vtrginia October 12,1953 To Tho City Council Roanoke~ Virginia }~embera of Council: You referred to me in your File ~51~, from the meeting of July 27, 1953, and in your File ~51~, from the n~eting of September 21st, a directive concerning Cove Road. I have conferred with official~ of the State Department of Highways on three occasions concerning this and rmuld like to crystallize their viewa as follows: The 19~ Federal Aid Act of Congress provided three sources of funds; namely, (1) the Federal Aid Fund for primary work, (2) the Federal Aid Secondary for farm to city work, and {~) the Federal Aid Urban fund for cities with over five thousand population. The Federal Aid Secondary Fund includes a provision that funds are not to be spent with municipalities of over five thousand po~ulation. The funds for the derahberger Road and Bent ]~ountain Road, or Co!onial Avenue, pro- jeers are allotted to Roanoke County on a formula basis, ~mong each of the counties. Cove Mad has no such designation but rather ia described as a City Street~ and no Federal or State Aid Funds would be available for this project and the only ~y I know that we could have it constructed would be by an appropriation'of local funds to carry the project through. Respectfully submitted, (Sicned) Arthur S. Owens, City 1.~nafer' Zn a discussion of the m~tter, Mro Hanes asked iF there is a time limit for the ~rk to he done incorporated in the a§roements with those p~oporty owners who have a~reed to donate lend, stating that he would like to know whether the ~properties could he accepted now and the work done at some time in the future~ the City ~nager advisir~ that the o~ners ~uld rightly expect the work to be done in a reasonable length of time. Mr. Kinton stated that he feels the land should be accepted and the work started on the street this year out of present city funds, the balance of the work to he completed in 195~, and moved that the City Attorney be requested to prepare Ordinance authorizing the acceptance of the land for street purposes in order the work can be started this year. The motion failed for lack of a second. In this connection, Mr. Hanes advised that since the winter months will soon ibc at hand and the work car. not be completed this year and that since there are no ilavailable funds in the 1953 budget, he feels the matter should be carried over until !after the first of the year and moved that action on the matter of widenin~ Cove ?Road be deferred until after the first of the year when Council will be in a better !position to see how the city comes out in this year's budget operations. The motion ;was seconded by Yrs. Pickett and adopted by the following vote: AYES: Council merbers Hanes, Pickett, Yfaldrop, Woody, Young, and the President, }~r. ~fsbber .............. 6. )~. Minton then moved that the City ~anager be instructed to bring in an !est~ate on the cost of blacktoppinf Cove Road~ ~;. ~., f~om Lafayette Boulevard ~0 iHershberger Road, at its present width~ and to check into the possibility of the city's present contract with the Virginia Asphalt Paving Company, Incorporated~ iwho has completed the street paving program for the city for this year, and to !back~o Council at its next r egu/ar meeting. The motion was seconded by }~. %~aldrop ~nd unanimously adopted. CC~]PLAINTS-C~ETERY: A communication from t.fr. B. H. Conner, President, ~ashington Heights Civic league, complaining against the shallow graves and general Conditions in the Lincoln Burial Park (Colored) having b~en referred to the City ~.~naqer for investiEution and report, he submitted the following report: "Roanoke~ Virginia October 12, 1953 To The City Council Roanoke, Virginia Kemhers of Council: You referred to me on September 28, 1953, in your File ~66-82, a letter from 2~r. B. H. Conner, President of the Washington Heights Civic League, with reference to the Lincoln Burial Park. I am attachin~ hereto the following report from the Acting Commissioner of Health; and also, I night add that I personally investigated the area; and I concur in Dr. Irvig's recommendation heartily: 'DATE: October 6, 19~3 TO: l',r. Arthur S. C~ns, City ~nager FROM: Dr. Chas. M. Irvin, Acting Commissioner of Health By oversight I have delayed answering your letter of September 30, 1953, regarding "Condition of Lincoln Burial Park." It is my understanding that the only complaint is that graves 495 To The City Council Roanoke, Virginia ~mbers of Council: are too shallow. I have inquired about this and have been unable to find anything in either the City Code or State designating depth of graves. ! am informed that the depth of graves in Lincoln Burial Park is comparable to other cemeteries locally. Should soma specific complaint regarding a health hazard occur, ehall be glad to investigate further . From my present infor~tion, ! do not know of a health menace. Yours truly, (Signed) Chas. ~:. I~ln Chas. M. Irvin~ M.D. Acting Cor~niesioner of Health If there is any specific incident involving health that should be pre- sented to thio officer you may be assured that we will make every effort to take neeasear~ steps to protect our citizens. Respectfully aubmitt ed, (Signed) Arthur S. Owens City After a discussion of the report and conditions of the cemetery, $~. Hanes that Council concur in the repol~ of the City Iianager. The motion :;as seconded l.:ra. Pickett and unanimously adopted. SF.¥AGE DI$¥OSAL: The City l.~nager presented the following report and request funds with ~lch to fence the Sewage Disposal Plant: "Roanoke ~ Virginia October Although our funds are close for the Sewage Disposal Plant, neverthe- less I believe it is imperative that we fence the area. The estimated cost of a 6-foot cyclone fence with a barb wire at the top is approximately $7,500.00. This would enclose the plant on areas other than the river side. It is with regret that I ask for an appropriation of $?~500.00 in the Sewage Dispobal Plant for the installation of the fence.' Respectfully submitted, (Signed) Arthur S. Owens City Fanager" After a discussion of the matter, }ir. %body moved that the City ~.~nager be to advertise for bids for the project. The motion was seconded by ~. and unanimously adopted. WELFARE DEPAR~,~NT: Council having taken under consideration the question )f appropriating necessary funds to restore assistance grants in Old Age Assistance Aid to Dependent Children categories to 100 per cent of need, the City ~anager written report together with the following communication from ~.~. J. H. Director of Public Welfare: "October 7, 1953 Mr. Arthur S. Owens, City ~Luager )!embers of Roanoke Ctty~uncil ~iunicipal Buildin~ Roanoke~ Virginia Gentlemen: In accordance with your request of October 5, I am encloeing Exhibit A and Exhibit R showing the a~ounts of money and the City's share of each amount that wou/d be necessary to restore our assistance grants in three categories to 1OO per cent of need. Exhibit A indicates the amount for the months of November and December of 1953 and the City's percentage of these amounts. Exhibit B is purely for your information as to what it would cost to continue on the same basis throughout 195~, assuming that our caseload remains approximately the same. The additional sheet enclosed indicates th~ percentages of participation between the Federal~ State, and local government. 4'96 If there should be additional infom~tion an7 of you may desire, I shall he present at Council meeting ~Mnday~ October 12. Respectfully yours, (Signed) J.H. Fallwell Director of Public Welfare" (2) The City ¥~nsger than read Exhibit A and Exhibit B as follows: "EXHIBIT A - {Two menths] Old Age Aid to Dependsnt General Assistance Children Relief (1) Amount of ~ney needed $~,927.72 $ 1~,~80.58 $ 925.~8 to meet 100%~of need (Not to exceed Federal ~ximum) for =oaths of November and December, 1953. (Difference in present per- sent and 1OO per Cent of ne~d.) (2) City's share at rate of: &~3.50 1,213.25 3~?.0~ 9% - Old Age Assistance and Aid to De~endent Children 37.5~ -Deneral Relief (3] Total amount of needed money for three categories: $19,333.78 Total amount of City's share for three categories: 2,003.79 "EXHIBIT B - (Twelve months- 195~) Old Age Aid to Dependent General Assistance Children Relief (1) Amount of money needed $29,566.32 $ ~0,883.~8 $5,552.88 to meet lOO~,~of need for year 195~. (Not to exceed Federal ~ximum and based on September 1953 caseload.) City's share at rate 2,660.9? ?,279.~ 2,O82.2~ of: 9% - Old Age Assistance and Aid to Dependent Children 37.5% - General Relief (3) Total amount of meney needed for twelve months to meet 1OO%~need on three categories: (~} City's share: $116,002.63 12~022.65" After a discussion of the report and the amounts needed, }L~. Hanes bein~ bf the opinion that the category of General Relief should also be restored, he moved that an Ordinance be adopted restorin~ the three categories of relief on the basis I~f two months. The motion was seconded by lirs. Pickett. At this point, ~[r. Woody stated that he would like to offer a substitute I~otion that only the category of Old AEc Assistance be amended in the amount of .~$~,927.72 for the remainder of this year. The r~tion failed for lack of a second. Whereupon, }~. H~mes moved that the follo%;ing Ordinance be placed upon its ~first readin5. The motion was seconded by ~'rs. Pickett and adopted by the following AYES: Council members Hanes, }~.inton, Pickett and %~aldrop RAYS: Council members Woody, Ioung, and the President, Yn~. Webber --3. (~11965) ~N OHDINARCE to amend and reordain Section ~52, "Public Assistances' ~f the 1953 Budget Ordinance. BE IT OHDAINED by the Council of the City of Roanoke that Section 'Public AssistanceS, of ~he 1953 Budget Ordinance, be, and the same ia hereby amende~ and reordained to read as followsl in lmrt: PUBLIC A$$IS?ANCE~ff52 General Relief ............................. Old Age Assistance ......................... Aid to Dependent Children .................. The Ordinance havl~gBeen read, was laid over. ~, ~oody explained that be proposed the increase for Old Age AsSistance they seemed woree off and hardest hit by inflation and that few in this are able to work or to find employment. Ero Young explained that he ia in sympathy with welfare clients but that he some of the clients in the Old Age AsZistance category are obtainin~ additional iid by earnings, etc., and that in voting for the change now it would iedieate his 3upport For its contfnt~nce in 195~. STADI~.[-PARKS AND PLAYGROUNDS-WATER DEPAR~[ENT: The CltV F~na~er presented the following report in connection with advertising for bids for the privilege operating concessions in ~ashin~ton Park, Rockledge Inn and the Children's Zoo, ~asena Park, Victory Stadium and Carvins Cove: "Roanoke, Virginia October 12, 1953 To The City Council Roanoke, Virginia l.~embers of Council: ~Lr. ~cbert p. Hunter, Director of Parks and Recreation, has discussed with me on several occasio~ the need for us to have a better pro,ram for concession bids; and I have requested him to present to ne the following letter in order that i migh refer it to you for discussion: 'October 7, 1953 TO: Arthur S. Owens, City ;.~nager From: R. P. Hunter, Director, Department of Parks and Recreation It ia requested that your office advertise for bids for the privilege of operatin~ concessions in Washington Park, Rock,edge Inn and Children's Zoo, ~asena Park, Victory Stadium and Carvin's Cove. It is suggested that the contracts that we used for 1953 be used again including the following exceptions: 1. In all instances, concessions should be let for a one year period with an option to renew for twto years, provided that the Concessionaire conducts his business in a manner which will not only return him a profit, but also will reflect credit to tho City of Roanoke. 2. Concession privileges for Washington Park should be changed regarding the swimming pool as follows: the Concessionaire will operate the pool, will pay for the water and necessary chlorine, and will see that the sanitary requirements of the City of Roanoke and S~ate of Virginia are met and fully complied with. 3. No chanEe in the Victor~- Stadium contract except item #1 aboYeo ' ~. No change in the Wasena Softball Concession except item #1 above. 5. R0ckledge Inn - no change except item ~1 above, and a state- ment to be included that the operator will make every attempt to establish a Sunday evening smorgasbord. 6. Carvin's Cove - no change except item #1 above. If you =oncur in these suggestions, it is respectfully requested that advertisements for any'or all of these conc~ssionprivi!eges be advertised in the immediate future so that all operations will start as of January 1, (Signed~ R. P. Hunter I believe ~at FLr. Hunter desires to do is practical and request your authority to advertise for bids. Respectfully submitted, (Signed~ Arthur S. Owens City F~nager" 4'98 On motion of ]',r. Waldrop, seconded by Er. Hanes and unanimously adopted, r~quest of the City ].tanager was concurred in and he was authorized to advertise bids on concessions as outlined in the com~unication from the Director of Parks Recreation. STREET IKPROV~'~.NT3: A comunication from Kg. Blair L. Williams, asking that block of Cumberland Street~ H. W., in the vicinity of Round Hill Avenue, be having been referred to the City 2~nager for disposition, he presented report advisin~ that the work was completed on October 5, 1953. The report was filed. RE~ORT$: The City ~t~nager submitted written reports from the City ;he Department of Building and Plumbing Inspection, and the Electrical Department ,the ronth of Septer~ber, 1953; also, reports from the Department of Parks and Recrea- tion, the Health Department and the Purchasing Department for the month of August, -953. The reports were filed. CITY PH~CI;2~: The City l~nager submitted written gel crt from the City ;hysiclan for the ronth of September, 1953, showing 6~O official calls and 675 pre- :Scri~rtions filled a~ cozpared with 593 Office calls and 6&3 prescriptions filled for ~he month of September~ 1952. The report was filed. DEPAR~.~;T OF PUBLIC WELFAHE: The City ~nager submitted written report from the Department of Public %;elfare for the month of September, 1953, showing 1,530 cases handled at a total cost of $69,735.03 as compared with 1,&67 cases handled at total cost of $66,028.05 for tho month of September, 1952. The report was filed. ~TEPOKTS OF CO}~"~IITEiiS: AIRPO[{T: Bids on the following work in connectionwith the Administration Building Project at the Roanoke ![unicipal Airport (Woodr~ra Field): grading, paving concrete apron, and bituminous seal coat on a portion of NE.-S.W. runway and a portio bf taxiway system, having been referred to a committee composed of F~r. H. Cletus ~Broyles, City Engineer', Chairman, L'ayor Roy L. :~ebber, ~ir. Arthur S. Owens, City $~nager, ~Ir. Harry R. tares, City Auditor, and ¥~r. ;4~rshall L. Harris, ~ansger of the Airport, for tabulation, report and recor~uendation to Counci!~ the com~r, lttee submitte tabulation and the following report: "October 9, 1953 To the City Council Roanoke, Virginia ;~mbers of Council: The following is a report by your comr~ittee in connection with bids received by City Council on 2~onday, October 5, 1953, pertaining to grading, concrete apron paving, and bituminous seal coat on a portion of the N.E.-S.%;. runway and a portion of the taxiway system at the Roanoke L'unicipal Airport Field): Attached hereto is a tabulation of said work showing the low bidder to be J. E. Jewell Construction Company of Salem, Virginia; in the amount of $23, &67.50. Your attention is called to the fact that this bid is considerably lower than the $50,0OO.OO originally set up in the project, which included removal and relocation of the old terminal building plus other appurtenant work in connection therewith. 499 On July 13~ 1953, bids were received before Council coverinE all items originally set up in the project., The low bid received at that time was $~8~O~,50 by E. S. Hudgirao The moving and relocation of the old terminal building, pavir~ access road and other paving in and about the new location of the ter=inal building amounted to $33~517o5Oo Your 9o~mittee which tabulated the July 13 bids felt that the ex~enditure of $3~,517.50 for the old terninal building was not Justified; therefore, reco~ended that the City ~ake an effort to sell the old terminal bulldin~ as iss where is, and to delete that portion from the project. City Council rejected the bids received on July 1] and instructed 61ty Officials to contact CAA to see if it would be possible to increase the concrete apron pavement in the place of the old terminal building which would be deleted from the project. On September 25, 1953, we received a letter from IM. Albert H. ~essel~ District Airport Engineer, stating that the proposal to amend the grant agreement for the project to per. it the substitution of additional paving for the relocation of the old Ad~tnistration Building had been disapproved by the CAI Washington office and that it was necessary for us to abide by the quantities as set forth in the original agreement. F~. Wessell further stated that a n amendment to the grant a~ree~ent would be required eventually to delete the movin~ and relocation of the buildin~ and that this should be deferred until the cost of the ~rk to be actually accomplished has been fully established and we have a reliable basis on which to reduce the amount of the grant. ~. Wessel has further advised the City that the CAA ~ill require four copies of the final abstract of bids containin~ the 61ty's recommendation for award before the CAA can authorize the actual awarding of a contract. In the CAA specifications applicable to this project, there is a provision ~hereby any item set up in the project can be increased or decreased by 25 per cent. in view of the available money set forth in the project, it is felt that it ~ould be advisable to exercise this provision and tn increase the a~ount of concrete apron and necessary grading ~h}ch~lll be required. [i It ~s ~stir. at~.t~ this increase will amount to $l,~5.00, making the totai proaec~ cost Sz~,~£i.50. Your committee, therefore, recom=ends that Council express the recommendation and its willingness that a contract be awarded to J. E. Jewell, the low bidder, in the amount of $28,O12.50, which includes the 25 per cent increase in the quantity of concrete apron paving, sub-base and grading; provided that such award be first approved by the CAA, and the Grant Agreement~lso be amended so as to disclose the precise work to be performed under the contract prior to its execution. Respectfully submitted, (Signed] (Signed] (Signed] (Signed] (Signed] Roy L. Webber Roy L. Webber, 5~yor Arthur S. Owens City ~nager Harry R. Yates City Auditor F~rshall Harris Airport ~nager H. Cletus Broyles City Engineer" }~. Woody moved that Council accept the report of the committee and offered the following Resolution, as prepared by the City Attorney, approving the report of the committee: (~11966] A RESOLUTION approving the committee's report with reference to the bids read before Council on October 5th, 1953, for the construction of additional concrete apron paving and grading in front of the New Terminal Building; placing bituminous seal coat on a portion of the Northeast-Southwest Runway and a portion of the taxi-way system, at the Roanoke [unicipal Airport (Woodrum Field], Project 9-~J*-O12-305; and providing for an emergency. (For full text of Resolution see Ordinance Book No. 20, Page 37] F~. Woody moved the adoption of the Resolution. The motion was seconded by Waldrop and adopted by the following vote: AYES: Council members Hanes, Klnton, Pickett, Waldrop, Woody, Young, and the President, }~. Webber ........... 7. NAYS: None .................. O. UNFINISHED BUSINESS: None, ~OHSIDERATION OF OLALV~: None.. INTRODUCTION AND COI/sIDERATION {F ORDINANCES AND RESOI~TIONS: STADIUH-]~HER FIELD: Ordinance No. 11962, authoriein~ the ezeoution of a contract with the A~erican Legion Post No. 3, owners of Roanoke Fair~ Incorporated~ for rental of the f~her Field facilities for the 195~ fair~ havin~ been before ~ouncI1 for its first r eadin~ read and laid over~ was again before the body, ~. Young o£ferin~ the following for its second reading and final adoption: (~11962) Ali ORDINANCE authorizing and directing the City Fanager, for and on behalf of the City of R~noke, to enter into a contract with Anerican Legion Post No. 3~ owner of the Roanoke Fair, Incor~orated~ for the use of f~her Field and that portion of space under the stands of the Rosnoke f[unicipal Stadiunnot designated by the City ~Mnagerfor municipal purposes, for the period from A~t~ust 30th through September &th, 195&, inclusive, (and conditionally granting said corporation two optional periods) upon the same terms and conditions contained in the contract between the City and said corporation, dated the 15th day of July, 19~3, for the use of said facilities for the fair it held and conducted in the year 1953. (For full text of Ordinance see Ordinance Book No. 20, Page 35) ¥~. Young ~ved the adoption of the Ordinance. The notion was seconded by ;'~r. Minton and adopted by the followim~ vote: AYES: Council members i~anes, Minton, Pickett, Waldrop, Woody, Young, and the President, ~m. Webber ........ NAYS: None ................... O. POLICE DEPAR~(~T: The City A=torney having been requested by Council to iprepare proper Resolution authorizing pa}cent to Lieutenant William h. Carter of his regular salary for an additional sixty days, he presented same; whereupon, i!Ein~on offered the followin~ Resolution: (#11967) A RESOLUTION authorizinz and directinF that William B. Carter, Lieutenant in the Police Departnent, who is unable to perform his reEular duties on account of personal injury received in line of duty, be paid his regular salary for an additional period not to exceed sixty days from October 15~, 1953. (For full text of Resolution see Ordinance Book No. 20, Page 38} ~r. }~inton moved the adoption of the Resolution. The motion was seconded by ~=. Hanes and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, ¥~. Webber ..... 7. NAYS: None ................ O. GRADE CROSSINGS: The City Attorney having been requested by Council to prepare proper Resolution authorizing the approval of a deed as t~ form and when executed by Katie Foy, et al., conveying unto tha city certain real estate needed in connection with the Jefferson Street Grade Crossing Elimination Viaduct Project, he presented same; whereupon, Mr. Young offered the following Resolution: (~11968) A RESOLUTION authorizing and directing the City Attorney to approve to form and execution a deed, when executed by Katie Foy, e~ al., conveying unto the City cer%ain roal estate needed in connection with the Jefferson Street Grads ~roseing Elimination Viaduct and Project; and providing for an emergency, (For full text of Resolution see Ordinance Book No. 20, Pa~e ]8) l/r. Young moved the adoption of the Re~olution. The motion was seconded by Hanes and adopted by the followin~ vote: AIX~: Council members Hanes~ ~inton, Plckett~ ~aldrop~ Moody, ¥oung~ and President, ~M. Webber .......... 7. NAYS: None ................. O. SE~A6E DIfF6SAL: The City Attorney presented draft of Resolution directing ;he City Clerk to delete six words from the contract heretofore approved by Council to ~d~ich the City of Roanoke might treat certain wastes originating within To~n of Salem; ~hereu~on, ~M. Waldrop offered the follow/nc Resolution as an {[1196)} A RESOLHTION directing the City Clerk to delete six ~ords from the pursuant to which the City will treat certain wastes originating within ~he To~n of'Salen; conditionally authorizing the execution of such amended contract; md providing for an emergency. (For full text of Reso!ution see Ordinance Book No. 20, Page ]9) ~/r. ~aldrop moved the adoption of the Resolution. The motion ~as seconded ,yb~. Hanes and adopted by the following v~te: AYES: Council ~e~bers Hanes, Elnton~ Pickett, lialdrop, ~oody, Young, ~nd the President, Er. ~'ebber ........ 7. NAYS: None ................... O. F/~TIONS AND EISCELIANEOUS BUSINESS: COUNCIL: The ?resident, Er. Webber, recognized and welcomed me~bera of the ~siness and Professional 1fo~sn's Club, who were present to observe the proceedings Council /n connection with the observance of National Business ~omen*s Week. SCHOOLS: Councilman ~aldrop brought to the attention of Council the question using public schools as com~ntnity centers and suggested that an ordinance or some ~easure should be drafted to provide for such use. After a brief discussion of the matter, l.~. ~aldrop moved that the question providing sp~ce in school buildings, especially future school buildings~ for use co,unity centers, be referred to the City ~nager, the City Attorney, the ~oanoke City School Board and the City Planning Con~ission~ for study, report and ecornendation to gouncxl. The motion ~s seconded by ~. Woody and unanimously ~dopted. BUSES: Councilman Youn~ brough to [he attention of Council the question ~at the bus co~panies have done toward purchasing new buses as was pro=iced at ~he time Council granted zone rate increases and moved that the City ~Mnager contact management of the companies to ascertain if any new equipment has been purchased what plans are being made to purchase new buses next year. The motion was ~econded by ](r. Hanes and unanimously adopted. ALLEYS: Er. Einton requested the City ~nager to look into the condition o£ an ~lley located at the rear of 1125 Sixth Street~ S. E., stating that he has received co~plaint from F~. O. R. Perdue. The Ctty~nager advised that he would in~estigate the condition at once. BRI])GES~ F~. ¥~nton brou6h~ to the attention of Council the condition of the walkway on the First Street Bridge and ~oved that the ~atter be referred to the City F~nager for hie attention. The ~otion wae seconded by Hr, Youn~ and unanimouely adopted, There bein~ no further business, Council adjourned. APPROVED ili ~e CERTIFICATE OF AIJTtlEIITICITY THIS IS TO CERTIFY THAT THE PEPJ~IENTLY VALUARLE RECORDS OF THIS OFFICE AS LISTED ON THE TITLE SHEET h'ERE HADE AVAILABLE FOR IIICROFIU-IING ~y TIlE LOCAL RECORDS BRANCH OF THE /'IRCHIVES DIVISION OF THE VIRGINIA STATE LIBRARY AS AUTHORIZED BY SECTIONS 15.1-8, 112.1-82, AND /t2.1-83 OF THE ~._O~, THE PURPOSE OF THE . HICROFIUIIIIG iS TO PROVIDE SECURITY COPIES OF THE RECORDS, COUNCIL, REGULAR Honday, October 19, 1953 The Council of the City of Roanoke met in regular meeting in the Circuit Court Room In the Hunicipal Building, Honday, October 19, 1953, at 2:00 o'clock, p. mo, the regular meeting hour, vith the President, Hr. Webber, presiding. PNESENTt Council members Hanes, Minton, Pickett, Waldrop, Woody, and the P~esident, ~r. Webber ................. 6. ABSENT~ Hr. Young ............. 1. OFFICERS PRESER?s Hr. Arthur S. Ovens, City Hanager, Hr. Randolph 6. ~hittl~ City Attorney, and Hr. Harry R. Yates, City Auditor. The meeting vas opened with a prayer by Dr. Wade H. Bryant, Pastor of First Baptist Church. HINUTESZ Copy of the minutes of the regular meeting held on Monday, October 5, 1953, having been furnished each member of Council, upon motion of Mr. Hlnton, seconded by Hr. Waldrop and unanimously adopted, the reading vas dispensed with and the minutes approved as recorded. At this point, the President, Hr. Webber, recognized and velcomed a group ot provisional members of the Junior League of Roanoke who were present to observe the proceedings of Council. HEARING OF CITIZENS UPON PUBLIC MATTERS: ZONING: Notice of a public hearing on the question of rezonlng from General Residence District to Business District property lying north of Fairfax Avenue and south of Moorman Avenue, N. W., between Eleventh Street and Twelfth Street, describ~ as the middle part of Lots 1, 2 and 3, Block 5, Melrose Land Company Mae, having bede published in the Roanoke World-News purusuant to Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, setting the time of the hearing at 2:00 o'cl¢ck, p. m., October 19, 1953, the matter vas before Council. In this connection, Hr. L. B. Trainor, the petitioner and o%~er of the lots requested to be rezoned, appeared before Council, stating that he hms requested his property to be rezoned because he feels it will be more suitable for future use as a business than as a residential area and that he feels he can dispose of the pro- perty at a much better advantage, calling attention to the fact that his property is in the same block as other properties already zoned as business and also that his neighbor Hrs. Virginia Crawford Tuck is requesting that her property be rezoned at this same time, advising that he has no objection to the rezoning of the whole bloc! After a further discussion of the matter, Hr. Woody being of the opinion that the whole block should be considered at the same time and the Planning Commis- sion having recommended that the request to rezone the property be denied, Hr. Wood: moved that Council concur in the recommendation of the City Planning Commission and that the request for rezonlngbedenied. The motion ~s seconded byMr. Waldrop. After a discussion of the motion, Mr. Minton offered as a substitute motion that the property be rezoned as requested by the petitioner. The motion ~s second~ by Mr. Hanes and lost by the following vote: AYES: Council members Hanes and Minton ................. 2. NAYS: Council members Pickett, Waldrop, Woody, and the President, Hr. Webber ..................... -4. (Hr. Young absent) Hr. Hinton then moved that action on the matter Be deferred until the regular meeting of NovemBer 30, 1953. The motion was seconded by Mr. Hanes and unanimously adopted, Mr. Woody and Hr. Waldrop withdrawing the original motion. ZONINO$ Notice of a public hearing on the question of rezoning from Oeneral Residence District to Business District property lying north of Fairfax Avenue and south of Noorman Avenue, N. W., between Eleventh Street and Twelfth Street, descri~ as Lots 4, 5, 6 and ?t Block 5, Nelrose land Company Hap, having been published in the Roanoke World-News pursuant to Article XI, Section 43t of Chapter 51 of the Code of the City of Boanoke~ setting the time of the hearing at 2~00 oSclock, Monday, October 19, 1953, the matter was before Council. In this connection, Hr. George I. Vogel, Attorney, representin~ Hrs. Vlrgini Crawford Tuck, the petitioner~ appeared before Council and advised that other proper in the same block is now zoned as business, that three of the lots in question are now vacant and that Hr. Tuck wants to have the old buildings at the rear of the lots razed and erect a building for business purposes facing on Moorman Avenue~ Hr. Vogel calling attention to the fact that no objections have been offered by any citizen in the area, that in fact it is his understanding the (r~ners of all property in the block want their lots rezoned to business. In a discussion of the request~ it was brought out that other owners of property will possibly make application to rezone the halance of the block to busine Hr. Minton moved that action on the request be deferred until the regular meeting of November 30, 1953. The motion was seconded by Mr. Hanes and unanimously adopted. JUVENILE DETENTION HOME: Hr. James E. Jones, President~ Roanoke Junior Chamber of Commerce, appeared before Council and submitted the following letter in connection with the operation of the Juvenile Detention Home: "October 15, 1953 Roanoke City Council Roanoke, Virginia Gentlemen: The Roanoke Junior Chamber of Commerce is genuinely concerned about the scarcity of qualified teachers at the Detention Home on Rorer Avenue, S. W. We have made a study of this problem and feel that a situation exists of which Council is probably unaware~ and in our opinion,, should be remedied. The following facts are presented for your consideration~ 1. There is no full-time instructor for the children at the Detention Home. One colored teacher is now provided on a three hour per day basis by the City School Board. 2. Approximately 80~ of the children in the home are white. The capaci is 28, with an average in detention of 15 to 20 children.' The age range is from infants thru 17 years. 3. At present, two white people, a man and his wife, supervise the home. They are on duty 24 hours per day, seven days per week. do not have adequate time to act as teachers; as their time is full occupied with the supervisory duties. 4. There is only a limited recreational or educational program under the present system. Flrat offenders are put in rooms with harped windows and doors, and through unsupervised association, with older experienced offenderst gain a world of knowledge about crime. In OUr opinion, a first offender might very well'come from the Home a seasoned Juvenile delinquent. It is the conviction of the Roanoke Junior Chamber of Commerce that should be done immediately to help remedy a situation which is a disgrace to the City. We feel that an additional full-tine Program Director at a minimum salary of $3,300 a year should be provided. Judge K. A. Pate, of the Juvenile and Domestic Relations Court, has acquainted us with the fact that the Rome Southwest Virginia, and therefore the State ~ould pay t~o-thirds of this full-time Progra~Dlrector's salary. Dr. B. Wo Rushton has offered his co-operation in helpin~ to secure qualified personnel. The Board of Directors and membership of the Roanoke Junior Chamber of Co--er have instructed me to urgently request that Council include enough money in its b~dget to provide this very necessary instruction. The crime and broken Lives that are being fostered under the present system are far more than the cost of ~uided education of these nnfortunate children. Very truly yours, (Signed) Ja~es R. Jones President# In a discussion of the matter, Hr. Jones ~as advised that the question o£ ~roviding for an educational director for the Juvenile Detention Rome has been studied and that the ~atter is no~ pendin~ in the budget study file for 1954. Hr. Jones stated that he and his organization have made quite a study o£ ~atter, that he has talked with Judge Ko Ao Pate and Dr. E. Wo Rushben~ Superintend~ of Schools, about the needs and is now requesting that Council make an additional study of the matter as set out in his letter. Mr. Hinton moved that ~e letter be referred to the City Manager for a analysis and to confer with school officials as to the current need as well as the in 1954 for supervised instruction or teaching at the Juwnlle Detention Home and report back to Council. l~e motion wae seconded by Mrs. Pickett and nnanimously adopted. ACADEMY OF MUSIC: Dr. E. 6. Gill, General Chairman of the Joint Auditorium :Committee, appeared before Council along with several members of the committee i including Mr. W. B. Carter, Hr. W. P. Hunter and Mr. W. Courtney King, Mr. Carter !presenting the following communication from Dr. 6i11: "October 19, 1953 Roanoke City Council Roanoke, Virginia Hr. Mayor and Members of the Council: The Committees representing the Roanoke Booster Club, the Roanoke Lions Club, City Council, Thursday, Morning Music Club, Woman's Club, Co.nrm_nity Concert Association and several other women's organizations were appointed two years ago to consider the construction of a suitable auditorium to replace the Academy of Music Building. The Committees have been since Jane 4, 1951. A representative appeared before Council on August 6, 1951, and recommended to the Council that they employ a committee of auditorium experts to come to Roanoke and make a survey embracing the following recommendations: type of building, location, and method of finance. The C=~ncil authorized the employment of this committee and they came to Roanoke in October, 1951, and spent two days making the survey. Their recommendations were presented to the City Manager and in turn to the City Council in October, 1951. The Committees continued to function but have not brought in their report prior to this time due to the fact that a bond issue was presented to the free holders for the purpose of erecting a viaduct over the Norfolk and Wesbern railroad tracks, your Committee has held n=~srous meetings includil three public sessions endeavoring to obtain the ideas and opinions of as many citizens as possible. After these sessions, with careful the Committee felt it best to abandon ideas of a multi-purpose building. discussing the latter with the War Memorial Committee, we felt it advisable to let the president of the American Legion Auditorium continue to handle indoor sports: basketball, boxing, wrestling, ice skating, etc. On July 10, 1951, there was a meeting of all the committees and the recommendations were adoptedt theater type building, permanent seats, illumination, acoustics and ventilation, particularly adapted to musical concerts, theatrical plays, civic meetings, with a seating capacity for 3,000 to 3,500 people. This type building is similar to the one proposed the War Memorial Committee and approved by the Council. It is intended this building serve not only the above mentioned purposes but be used for other gatherings except sporting events. The building will be so designed as to have a basement floor which can be used for boy scouts and civic organizations. This building can be used for convention purposes and for motion pictures on special occasions. The Co-.~lttee also recomends that the bulldin~ be financed through a bend issue. The Co~aittee does not feel that the buildin~ viii pay a cash or . stock dividend as the library, health center, and other civic projects b~t will pay dividends far superior to these in the cultural and intellectual development of our city. There vas very little difference of opinion as to the type of bulldin~ or method of finance but at times there vas some difference of opinion as to the location. The location finally decided upon by your Committees is In accordance wlth the recommendations of the auditorltm experts who made the survey and report as authorized by the Council and is in accordance with ti previously approved reco~endations of the War Hemorial Cormittee to the former City Council some five years or more ago. The location is the southvest corner of Blm~ood Park.· Serving on these Co~uittees are three former members of the City Council and three members of the War Memorial Ccc~lttee. When final plans yore adopted, they yore merged to a large extent to those of the War Hemorial Con~lttee. The adoption of this reco~endation will serve a two-fold purpose. It will! enable the Covncil to fulfill its purpose in establishing a var memorial project and will also afford a project for the replacement of the former Academy of Husic. Respectfully sulxuittad, Roanoke Booster ~lub Roanoke Lions Club Thursday Morning Husic Club Woman's Club Co~vnity Concert Association (Signed) E. G. Gill E. G. Gill, M. D. General Chairman" In a discussion of the matter, Mr. Carter and Dr. Gill advised that the ldo of a multi-purpose auditorium has been abandoned and that sport events can be proper handled at the American Legion Audltorlun. Also speaking in this connection, vas Mrs. Charles A. Young, Jr., who suggested that consideration be given to including in the project an art museum. After a further discussion of the matter, Mr. Woody moved that the report be received and taken under advisement and study.. The motion was seconded by Mr. Hanes and unanimously adopted. DEPARTMENT OF PUBLIC }~LFARE: Mr. Edwin M. Young, Attorney, representing Mr. Andrew J. Moo~ appeared before Council and advised that Mr. Moore has been refused aid by the Welfare Department because they feel ~w. Moore's son is in a p o sition to support his father, that a suit has been brought to force the son to support his father, but that the suit vas dismissed, and that Mr. Moore has been advised he will have to institute civil action against the son, ~M. Young stating that he feels the burden of bringing the suit should be on the Welfare Department, that the Depart~ent has a right to bring such actions, that individuals should not ibear the blunt of the court negotiations and would like for Council to refer this ~atter to its legal department. On motion of Mr. Hanes, seconded by Mr. }Mldrop and unanimously adopted, the matter ~s referred to the City Attorney for study and report to Council. PETITIONS AND COMMUNICATIONS: ZONING: A co~mtnlcation from IM. George M. Milliken, Jr., requesting that his property located on the north side of Liberty Road, N. E., between Wllliamson Road and Edison Street, described as the southeast portion of Lot 7, Block 1, Libert Land Company Map, Official No. ~100901, be rezoned from General Residence District to Business District, was before Council. On motion of Mrs. Pickett, seconded by Mr. Woody andunantaously adopted, the request was referred to the City Planning Co~misston for study, report and recommendation to Council. RE~OETS OF OFFICERS~ TRAFFIC~ Council at its regular meeting of September 28, 1953, having requested the City Manager to obtain additional infor~at~on in connection with the movement of traffic on Wllliamson Road giving a breakdown of the poll of the 218 citizens as to business and residential properties, a breakdown of the traffic count figures showing distribution of traffic over a twenty-four hour period and any available figures showing lost earnings as a result of traffic delays, he submitted ~ritben report advising that the information has been gathered and copies furnished each member of Council and other interested parties; also, sulx~ltting copies of the reports for the records of Council. In this connection, Hr. William A. Jarrett, Hr. Harry D. HcReynolds, Hr. Co R. Newman and P~. Charles D. Fox, Jro, Attorney, appeared ~efore Council and advised that they do no~ feel the volume of traffic now on Wllliamson Road warrants the removal of all parking on the street, that they have a petition bearing 130 names of citizens and business establishments located in the area and that the petition shows 120 signers are opposed to a ban on parking, five are in favor of the ban, and five do not wish to com~lt themselves, Hr. McReynolds stating further that he believes traffic can be handled without any drastic steps being taken. Mr. Fox expressed the thought that the traffic bottleneck at the intersection of Orange Avenue and Wllliamson Road should be cleared up first. After a lengthy discussion of the reports filed and of the problem in general, Mr. Woody stated that he feels the problem is twofold and moved that the City Attorney be requested to draft proper measure prohibiting all parking on both sides of Commonwealth Avenue, Fourth Street and Wllliamson Road, beginning at %'ells Avenue and ending at Orange Avenue (U. S. Highboy Route No. 460) and that the recommendation of the Traffic Department to eliminate parking on Willtamson Road north of Orange Avenue be taken under advisement. The motion ~as seconded by }M. Waldrop and adopted by the following vote: AYES: Council members Hanes, Pickett, Waldrop, Woody, and the President, Hr. Webber ....................... NAYS: Mr. Minton ..... 1. (Hr. Young absent) At this point, Hr. Minton called attention to the construction of the new viaduct and stated that he feels during the construction of the bridge it will be hard to say where parking must or must not be allowed, that he voted against the prohibiting of parking along certain sections of Comnonwealth Avenue and Fourth Street because he feels no changes should be made at this time and that traffic should remain as is until completion of the new viaduct. GASOLINE-MUNICIPAL SOVEP.VMENT: The City Manager presented written report and a tabulation of the bids received by the City Purchasing Agent for furnishing automotive gasoline to the City Garage, the Water Department and the Fire Departmen! showing Scb. neider Oil Company as the low bidder. Hr. Minton moved that Council accept the bid of Schneider Oil Company and offered the following Resolution: (~11970) A RESOLUTION accepting the bid of Schneider Oil Company to supply the City of Roanoke its required automotive gasoline from November 1, 1~$~, through October ~1, 1~54; 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 full text of Resolution, see Ordinance Rook No. 20, Page 41.) Hr. Minton moved the adoption of the Resolution. The motion ~as seconded b~ Hrs. Pickett and adopted by the following vote8 AYES: Council members Manes, Minton, Pickett, Waldrop, Woody, and the President, Hr. Webber'- ................ 6. NAYS: None .................... O. (Hr. Young absent) WATER DEPARTS8 The City Manager sul~ltted the following report in connection with the removal of the old Clermont Water Tank located on South Jefferso Street~ "Roanoke, Vlrginia October 19, 1953 To The City Council Roanoke, Virginia Members of Council: I have forwarded each of you a copy of the following letter from Hr. G. H. Ruston concerning the old water tank on South Jefferson Street; and since this~ in all probability, falls in the category of a landmark, I would be reluctant to take any action on the removal of the tank without your permission: 'October 15, 1953 TO~ Arthur S. Owens FROM: G.H. Ruston SUBJECT: Old Clermont Water Tank The Water Department has an old steel water tank (Diameter, 27'; Height, 23.2'; Capacity, 100,000 gallons) located on the back of a vacant lot between 2801 and 2825 S. Jefferson Street. This tank is no longer of any use to the Water Department with the completion of the new 500,000 gallon reservoir off of Yellow Mountain Road, and the new 7SO,O00 gallon standpipe at Grandin Court. The tank has teen taken out of service, and is in bad state of repair to such an extent that the roof constitutes a danger and hazard if someone should get on top of the tank. A preliminary inquiry reveals that we can get the tank torn down and receive some money for same. Since the tank has been in this neighborhood long before many of the houses now built and is more or less a landmark~ I believe Council' permission should be obtained for selling the tank to the highest bidder. Will you bring this matter to City Council's attention at your earliest convenience. (Signed) SHR' May ! suggest that we remove the tank and dispose of it in a manner that would be for the best interest of the City. This would enable us to tear it down by public bid or by our o~ forces, whichever proves to be the most economical for the City. Respectfully submittedt (Signed) Arthur S. Owens City Manager" Mr. Waldrop moved that Council concur in the recommendation of the City Manager and that the tank be disposed of to the best interest of the city. The motion was seconded by Hr. Hanes and adopted by the following vote: AYES: Council members Manes, Minton, Plckettt Waldrop, and the President, Hr. Webber .................... 5. NAYS: None~ O. (Mr. Young absent) (Mr. Woody not voting) BUDGET-SE%T/{ CONSTRUCTION: The City Manager submitted the following report in connection with an existing sewer line under Memorial Bridge in the vicinity of Richardson-Wayland Electrical Corporation: To The City Council Roanoke, Virginia Members of Council: "Roanoke, Virginia October 19, 1953 In our attempts to remove as many sewer lines entering the river and clean the rtvsr up as rapidly as possxble~ there was an area under Memorial Bridge where there vas pollution both by the City and by Rlchardson-Wayland Electrical Corporation. At a conference with ~r. J. E. Richardson, President of the Richardson- Wayland Electrical Corporation, he agreed to pay a portion of this cost, the total of which was estimated at $3,800.00. They are willing to pay $1,500.00. Our staff felt this was fair and have agreed with ~r. Richardson to complete the work; however, it would curtail our sewer account considerably by paying the entire amount~ and we would appreciate your appropriating the $1,500.00 back to Sewer Construction. Respectfully submitted, (Signed) Arthur S. Owens City Manager" After a discussion of the report, ~r. Waldrop moved that Council concur in the recommendation of the City Manager and offered the following Ordinance appropria iing $1,500.00 to the Sewer and Drain Construction account of the 1953 Budget: (~11971) AN ORDINANCE to amend and reordain Section ~141, "Sewer and Drain Construction", of the 1953 Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 41.) Mr. Waldrop moved the adoption of the Ordinance. The motion ~s seconded b~ Mrs. Plckett and adopted by the following vote: AYES: Council members Ranes, Minton, Pickett, Waldrop, Woody, and the President, ~. Webber .................. 6. NAYSs None ..................... O. (Fm. Young absent) STREET IMPROVEMENTS: The City Manager presented the following report in connection with the proposed widening of Salem Avenue, S. W., between Jefferson Street and First Streets "Roanoke, Virginia October 19, 1953 To The City Council Roanoke, Virginia Members of Council: At our meeting on Thursday, October 8, 1953, you informally directed me to secure information on the proposed widening of Salem Avenue in conjunc~ tton with the proposal of the Merchants Parking Garage to set back their ~ronerties either 1S or 21 feet. I would suggest that you direct the City Manager and City Attorney to take necessary steps to secure information and cost as to how this could be accomplished and report back to City Council as expeditiously as possible. Respectfully submitted, (Signed) Arthur S. Owens City Manager" Mr. Woody moved that Council concur in the suggestion of the City Manager ~nd that the City Attorney and the City ~anager be directed to take necessary steps to secure information and costs in this connection. The motion ~s seconded by Mr. iHanes . and unanimously adoeted. SIGNS: Council having referred to the City Manager a request from Stanford and Inge, Incorporated, that permission be granted to erect a marquee sign in front of Noble's Flower Shop, 18 Campbell Avenue, S. E., he submitted the following report "Roanoke, Virginia October 19, 1953 To The City Council Roanoke, Virginia Members of Council~ You referred to me, in your File #107 from the meeting of September 28, 195~, a report from the Planning Commission with reference to a certain sign requested for erection by Noble's Flower Shop at 18 East Campbell which the Building Inspector did not feel came under the provisions of the Sign Ordinance. Apparently the Plannin~ Com~lasion felt lt was not a ~arqul A thorough investigation by the Bttlldin~ Ins~eetor~ Legs/ Department~ ~y office causes ns to believe that the sign should be redesigned as it neither complies with the section concerning marquees nor does it conform to the sign ordinance. Our suggestion and reco~nendation is thet the Noble Flower Shop have the sign designed in conformitywith existin~ ordinances. Hespectfully sul~itted, (Signed) Arthur S. Owens City ~nager# Mr. Minton moved that Council concur in the report of the City ~anager and that the request of Stanford and In, e, Incorporated, as presented be rejected. The motion was seconded by Mr. Hanes and unanimously adopted. SISNS~ Council having referred to the City Hansger a request from Harrison Jewelry Company, Incorporated, that permission be granted to erect a marquee sign in front of its store at 307 South Jefferson Street, he submitted the following repo "Hoanoke, Virginia October 19, 195~ To The City Council Roanoke, Virginia Members of Council= You referred to me, in your File ~107 from the meeting of September 28, 1953, a report fron the Planning Commission with reference to a certain sign requested for erection by Harrison Jewelry Company, Incorporated, ~07 South Jefferson Street, which the Building Inspector did not feel came under the provisions of the Sign Ordinance. Apparently the Planning Commission felt it was not a marquee. A thorough investigation by the Building Inspector, Legal Department, and my office causes us to believe that the sign should be redesigned as it neither complies with the section concerning marquees nor does it conform to the sign ordinance. Our suggestion and recommendation is that Harrision Jewelry Company, Incorporated, have the sign redesigned in conformity with existing ordinances. Respectfully submitted, (Signed) Arthur S. Owens City Manager" Mr. Woody moved that Council concur in the report of the City Manager and that the request of Harrison Jewelry Company, Incorporated, as presented, be reject The motion was seconded hy Mrs. Pickett and unanimously adopted. AIRPORT: Council at its regular meeting of October 5, 1953, having requeste~ the City Manager to contact the Piedmont Airlines for a definite request for rental of a room or rooms in the Cannaday House at the Roanoke Municipal Airport, he submitted the following report: "Roanoke, Virginia October 19, 1953 To The City Council Roanoke, Virginia Members of Council: I am attaching hereto the following letter from Piedmont Airlines whi I would like to read to you for record purposes: 'October .7, 1953 Mr. Marshall L. Harris Airport Manager Woodrum ~teld Roanoke,'Va. Dear Sir: My Company has asked me to inquire to see if there is a vacant room on the Airport that we cam rent for about $25.00 per month to be used for a crew rest. In the event there is such a rom available please advise and I will pass alon~ the information to the proper people and advise you definitely as soon as I get the okay to rent it. Also~ in the event there is such a room available and In the event that ~e rent said room, I would like to advise that said room wlll only be used for the purposes mentioned in the above paragraph. Yours very trulyt (Signed) George B. Ivery PIEDMONT AIRLINES, INC. Station P~nagert I would recommend that I be authorized to rent not more than one room for this purpose with adequate provisions limiting their usage in conformity with the request of the letter. Respectfully sub~tted~ (Signed) Arthur S. Owens City Manager" Hrs. Pickett moved that Council concur in the report of the City Manager and that the City Attorney be requested to prepare proper measure authorizing the leasing of the room. The motion was seconded by Hr. Minton and unanimously adopted REPORTS: The City f~nager submitted ~'ltten reports from the Health Depart- ment and the Police Department for the month of September, 1953. The reports were filed. STREET IMPROVEMENTS-STATE HISH~AYS ~qTHIN CITY LIMITSt Council at its last meeting having directed the City Manager to obtain an estimate on the cost of blacktopping Cove Hoad~ N. W., and to check Into the possibility of extending the city's present contract with the Virginia Asphalt Paving Company, Incorporated, in order that they might pave said road, he submitted the follo~ing report~ "Roanoke, Virginia October 19, 1953 To The City Council Roanoke. Virginia Members of Council: You directed me at our last Council meeting to secure a modern estimate for blacktopping Cove Road from Lafayette Boulevard to Hershberger Road. During the 1952 budget study~ we gave you an estimate of approximately $5~000.00 to do this work which included 18 feet in width on the assumption of the 1952 bid. A 1953 bid is approximately 40 per cent higher; and we recommend the street be paved to ~ 20-foot width due to the fact that the edge of the street is now In poor condition because of the installation of service lineg. Therefore, our new estimate would be approximately $8~500.C0. The Virginia Asphalt Paving Company has agreed verbally to extend thei contract for this amount and could start on the work In approximately twenty-one days with about four days to complete the Job. May ! call to your attention the fact that because of the lateness of the season we will have to move expeditiously if the ~ork is accomplished. Respectfully submitted~ (Signed) Arthur S. Owens City Manager" Hr. Minton moved that the matter be referred to the City Attorney to prepar~ the necessary measure to extend the contract with the Virginia Asphalt Paving Incorporated, to pave Cove Road~ N. W., from Lafayette Boulevard to. Hershberger Road at a cost not to exceed $8~500.00 and to provide for the appropriation of $8,500.00 for the next meeting of Council. The motion was seconded by Mr. Woody and ~dopted. BUDGET-CITY MANASER~ The City Hanager submitted ~rttten report requesting that $65.00 be transferred from the Stationery and Office Supplies account to the Equipment account in his budget for the purpose of purchasing a new top for the Mlmeoscope. Hr. Waldrop moved that Council concur in the request of the City ~nager and offered the following emergency Ordinance transferring the $65.001 (~11972) AN OBDISANCE to a~end and reordain Section ~3: "HanagerN, and Secti ~143, #Departmental Equipment and Improvements", of the 1953 Budget Ordinance, and ~roviding for an emergency. (For full text of Ordinance, see Ordinance Book Soo 20, Page 42.) Hr. Waldrop moved the adoption of the Ordinance. The motion ~as seconded by tr. Minton and adopted by the following votel AYES~ Council members Banes, Minton: Pickett, Waldrop, Woody, and the President, Hr. Webber ................. NAYSt None .................... O. (Hr. Young absent) REPORTS OF COH!qlTTEESt BUDGET-SE~'~RSs Bids for the construction of a 12-inch sanitary se~er line to serve the Watts property vest of Tenth Street, N. W., having ~een referred to a co~ittee composed of the City Manager, the Director of Public Works and the City Engineer for tabulation and report, the co~lttee submitted ~ritten report and tabulation showing the bid of D. E. ~orley Construction Company, Rocky Mount, Virginia, as the lowest bid in the amount of $4,232.25. Fr. Woody moved that the proposal of D. B. Worley Construction Company be accepted and offered the following Resolution: (#1197~) A RESOLUTION accepting the proposal of D. E. Worley Construction Company, Rocky Mount, Virginia, for the construction of a 12-inch sanitary sewer to serve the Watts property west of Tenth Street, N. W., in the total sum of $4,252.25~ 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 42.) Mr. Woody moved the adoption of the Resolution. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, and the Presid Mr. Webber ........................ 6. NAYS: None ................ O. (Mr. Young absent) In this connection, the City Manager called attention to the fact that an appropriation for the $4,232.25 should be made and advised that Hr. English Showalte and Hr. Allen W. Staples, Attorneys for Mrs. Jean W. Staples and William Watts, have informed him that a check for one-half the construction costs will be sent to the ci immediately, they having heretofore agreed to pay one-half of the costs of the sewerl construction. Hr. Waldrop moved that the appropriation be made and offered the following emergency Ordinance: (#11974) AN ORDINANCE to amend and reordain Section ~141, "Sewer and Drain Construction", of the 1953 Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 43.) )tr. Waldrop moved the adoption of the Ordinance. The motion was seconded b~ ~ir. Woody and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, and the President, Mr. Webber .................. 6. NAYS: None ..................... O. (Hr. Young absent) BAL~ OF ?ROP~R%~s The cityWs real estate committee submitted the following report with reference to an offer from Hr. A. L. Roberts to purchase from the clty one lot located on the south side of Ho~bert Avenuew S. W., between 12th Street and 12 1/2 Streets "Roanoke, Virginia October 5, 1953 To The City Council Roanoke, Virginia Hembers of Councils We have received an offer from Hr. A. L. Roberts for Lot 10, Block 23, Wasena Mae, on the south side of Ho~bert Avenue between 12th Street and 12 1/2 Street, in the amount of $450.00. We reco~end the sale of this property. Respectfully submittedt (Signed) Arthur S, Owens (Signed) Ran G. ~.~ittle (Signed) Harry R. Yates" HP. Waldrop moved that Council concur in the recommendation of the committee and that the mmtber be referred to the City Attorney to prepare the proper Ordinance' providing for sale of the lot for presentation to Council. The motion~as seconded by Mr. Woody and unanimously adopted. UNFINISHED BUSINESS: ZONING~ Council having taken under advisement the question of rezontng from General Residence District to Business District property fronting on the north and south sides of Angell Avenue, N. W., and on the south side of Wentworth Avenue, N. W.t in Blocks 3 and 4 o£ the ~illiam Fleming Court Hap, the matter ~as again before the body. In this connection, Mr. T. L. Plunkett, Jr., Attorney with the law firm of Strickler, Plunkett and Strickler, representing the petitioners, Hr. C. F. Kefauver and Hr. J. H. Fralin, again appeared before Council, advising that they ~ill amend their original request and leave one hundred feet next to the Nininger Subdivision as a general residence zone but insisting that the remaining lots be rezoned to tustness thereby allowing for the construction of a building facing Wllliamson Road with ample parking space .at the rear of the property. Also in this connection, Hr. William G. Creasy, Attorney, representing Mr. R. M. Jennings, appeared before Council along with Dr. Olin R. Melchior.ua and Mr. R. Douglas Nlninger, opposing any rezoning on Angell Avenue and Wentworth Avenue which will allow any business operations to face on either Wentworth Avenue or Angell Avenue, Hr. Creasy advising that his client, Hr. Jennings, has spent consider able money in the erection of a residence in the Nininger Subdivision and that he does not want to see Angell Avenue zoned in such a way that it will depreciate the value of residential property. Mr. Nlninger stated that he is not opposing the rezoning of lots to a depth to allow business on Williamson Road, but that he does not want to see any change on-either Wentworth Avenue or Angell Avenue, advising that the subdivision has been developed and numerous lots sold to individuals for the purpose of erecting good an~ substantial residences and that he feels at least 150 feet should be left as a buffe~ Hr. Kefauver advised that he must have a depth of 330 feet from Wllliamson Road to carry out his plans for building and off street parking. After a further discussion of the matter, rezoned of a depth to allow for the construction of a Imilding and that the petition apply for a noncon~orming permit to provide for off street parkin8, Hr. Banes moved that the lots ~e rezoned to ~siness for a depth of 25~ feet ffrom ~llliamson Read and that the £ollovlng Ordinance be placed upon its first reading. The motion vas seconded by Hr. ~aldrop and adopted hy the following votes AYESx Council members Banes, Hlnton, Pickett, k'aldrop, ~oody, and the President, Hr. ~'eb~er NAYSx None .................. O. (Hr. Young absent) (~11978) A~ O~DIHANCE to a~end and reenact Article I, Section l, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation to 2onlng. %TIEREAS, application has l~en made to the Council of the Clty o£ Roanoke to have property fronting on the south side of Angell Avenue, No ~o, descrlt~d as Lots lS*SSA, inclusive, Block 3, ~p of ~illia~ Fleming Court; property frcntin~ on the south side of ~entworth Avenue, N. ~., described as Lots 13-22B, lnclueive, Block 4, Map of ~llliam Fleming Court; and ~roperty fronting on the north side of Angell Avenue, R. W., described as Lots 23-32, inclusive, Block 4, Hap of ~llliam Fleming Court, rezoned from Seneral Besidence District to Business District, and ¥/~REAS, after a discussion of the request for rezoning with the City Plann~ Commission, the petitioners have amended their request to include only Lots 13-21, inclusive, Block S; Lots 13-21, inclusive, Block 4; and Lots ~4-S2, inclusive, Block 4, and ¥/qEREAS, the City Planning Co~tssion has reco..~ended that the property included in the a~ended request ~e rezoned from General Residence District to Busine District as requested, and ¥~fEREAS, notice of a public hearing on the amended request as required by Article Xt, Section 43, of Chapter 51 of the Code of the City of Roanoke, ¥1rginia, relating to Zoning, has been published in "The Roanoke Forld-News", a newspaper )ublished in the City of Roanoke, for the time required by said section, and ¥,q~r~REAS, the hearing as provided for in said notice published in the said newspaper ~as held on the 12th day of October, 1953, at ~:15 o'clock, p. m., ~efore the Council of the City of Roanoke, in the Council Room in the Municipal Building, at which hearing interested citizens were given an opportunity to ~e heard both for and against the proposed rezonin~, and ~iEREAS, this Council, after taking the amended request for rezoning under advlsezent and considering the evidence submitted, is of the opinion that only Lots lS-17, inclusive, Block 3; Lots lS-17, inclusive, Block 4; and Lots ~8-S~, incluslw Block 4, should be rezoned fro~ General Residence District to Business District. THEREFORE, BE IT ORDAINED hy 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 folloving particular and no other, vlz: Lots 13-17, inclusive, Block 3, Map of ~tlliam Fleming Court~ fronting on the south side of Angell Avenue, N. W.; Lots 13-17, inclusive, Block 4, ~ap of ~llliam Fleming Court, frontin~ on the south side of %'entworth Avenue, N. W.; and Lots 28-3~, inclusive, Block 4, Map of William Fleming Court, fronting on the north side of Angell Avenue, N. W., designated on Sheet 209 of the Zoning Map as Official The Ordinance having been read, '.'as laid over. CONSIDERATION OF CLAIHS~ ~one. IN~RODUC~ION AND CONSIDERATIOH OF ORDINANCES A~D RESOLU~I0~S~ BUD6ET-~LFARE DEPARTMENT: Ordinance No. 11965. appropriating $925.48 to Relief, S4,927.72 to Old Age Assistance and ~13,480.58 to Aid to l)eper~ent :hildren, under Section #52, "Public Assistances"~ of the 1953 Budget, having pre- riously been before Council for its first reading, read and laid over, ~as again the body. In a discussion of the Ordinance, the President, Mr. t!eb~er, stated that he other categories of relief and s~a11 pensions should be considered and if one ~roup is helped then consideration should be given to all categories. M~. ~'oedy stated that no one doubted the needs of any of these people ~ut attention to the fact that the Ordinance provides for only three categories for remaining two months of the year and that he feels the matter should ~e continu~ 1954 budget study. Mrs. Pickett expressed the fact that these people need help now. Mr. Minton expressed the fact that old people and children are not able to ~elp thenselves and that he feels these categories should be Eiven consideration nov. Mr. Iianes stated that perhaps all cateEories should te Eone into and studied that the Old A~e Assistance, Aid to Dependent Children and General Relief cries are now before Council and should be considered. Mr. Minton then offered the following Ordinance for its second readinE and final adoption: (#11965) AN ORDINANCE to amend and reordain Section #5~, "Public Assistances~ the 1953 Rudzet Ordinance. (For full text of Crdlnance~ see Ordinance Book ~o. 20, PaEe 4~.) Mr. Minton moved the adoption of the Ordinance. The motion %~s seconded by Hanes and adopted by the folloving vote: AYES: Council members Hanes, Minton, Pickett, and %:aldrop ...... -4. NAYS: Mr. %~oedy and the President, Mr. %:ebber ......... ~. (M~. Young absent) SALE OF PROPERTY: The City Attorney having been instructed to prepare prope~ authorlzinz the sale of a trian§ular strip of land o~ned by the city located the northeast corner of Brambleton Avenue and Ross Lane, S. V., to InEram Bulldint Supply Company, Incorporated, for $100.00 cash, he presented same; m'hereupon, Hr. moved that the follovln~ Ordinance be placed upon its first readinE. The mott seconded by Mrs. Pickett and adopted by the followin~ vote: AYES: Council members Hanes, Minton, Pickett, %:aldrop, %!cody, and the Fm. Webber ................ 6. NAYS: None ................... O. (Mr. Young absent) (#11976) AN ORDINANCE providing for the sale of a trian~ular strip of Eround .ocated on the Northeast corner of Brambleton Avenue, S. W., and Boss Lane, S. Ingram Building and Supply Company~ Incorporated, at a net consideration of and authorizinE the execution and delivery of a deed therefor. %~HEREAS, In, ram Building and Supply Company, Incorporated, has made an offer ~urchase the hereinafter described property from the City for $100.00 cash~ and %~HEREAS, a committee composed of the City Manager, City Auditor and City ~ttorney has personally inspected the said property and recommended the acceptance :aid offer, and ~E~.S, this Council concurs in the recomendation of the aforesaid com~i~ THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. That sale be ~ade by the City of Roanoke to Ingra~ Building and Supply Company, Incorporated, or to ~ho~oever it ~ay direct, of that certain lot located in the City of Roanoke and described as follo~s~ BEGINNING at m point on the northerly side of Bra~bleton Avenue (Uo So High, cay Roo 221) at the identical BEGINNING POINT of that certain conveyance to Bessie Anita Durha~ from Shenandoah Life Insurance Company, Incorporated, of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book B7~, page 37~ thence with a curved line to the right whose radius is 26.07 ft. an arc distance of ~2o58 fro to a point on the easterly side of Ross Lane (60 ft. wide)~ thence along the easterly side of said Ross Lane, N. 20a 34' R. 89o10 ft. to a point~ thence leaving said Ross Lane a~ with the line of the property originally conveyed to Anita Durham lngram (formerly Bessie Anita Durham) S. 2' 14' W. 118.64 ft. to the place of BR6INNIN6, and containing 2012 square feet, more or less and being a south~wst portion of the aforesaid tract o£ land conveyed to City of Roanoke In Deed Book 790, page ~33o Reference is nmde to Plan [367~, on file in office of City Engineer of Roanoke~ Vao, showing the parcel of land hereby conveyed. at the net consideration of $100.00 cash. 2. That the proper City officials be, and they are hereby, authorized and directed, for and on behalf of the City to execute and deliver a proper deed, to be approved by the City Attorney, conveying with Special Warranty of Tltle, the above described real estate to the proposed purchaser, and to deliver the same properly executed, upon receipt of the net cash consideration. The Ordinance b~ving been read, was laid over. MOTIONS AND MISCELLANEOUS BUSINESS: ZONING-SETBACK LINES: Mr. Hanes brought up the question of what is being done toward preparing a map which will show all setback lines and whether or not an ordinance should be prepared in this connection. The City Attorney advised that the map will first have to be prepared and then perhaps an ordinance adonting the map would be In order and stated that he has been informed It will take approximately ninety days to prepare such a map. Mr. Hanes moved that the question of preparing a map showing setback lines he referred to the City Manager to ascertain how long It will take to prepare the map, what additional personnel, if any, will be needed in the Engineering Departmenl to do the work and what the cost will be. The motion ~s seconded by Mr. Minton and unanimously adopted. LICENSE TAX CODE: Mr. Waldrop called attention to licenses now being paid by plumbers and electricians, stating that he feels some study should be made to. ascertain whether or not they should be required to pay on the sane basis as retail merchants and moved that the question be referred to the License Tax Code study committee for study, report and recommendation. The motion was seconded by Mr. Wood and unanimously adopted. CITY EMPLOYEES: Mrs. Pickett called attention to the obvious conflict in a~ Ordinance requiring that city employees reside within the corporate limits of Roanoki and moved that the City Attorney be requested to furnish a written opinion on the iquestion. The motion was seconded by Mr. Woody and unanimously adopted. WATER DEPARTMENT: Mr. Waldrop asked the City Hanager to check on the lids on pumping stations, stating that it has been called to his attention that children have been able to open some of the lids and go into the stations, especially the located on Carolina Avenue and Cassell Lane, S. W. The City Manager advised that he would look into the matter. There being no further business, Council adjourned. COUNCIL, REGULAR ~!2?ING, Monday, October 26, 1953. The Council of the Clt~ o£ Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, Monday, October 26, 1953, at 2:00 o'clock, p. mo, the regular meeting hour: with the President, Hr. Webber, presiding. PRE~ENT~ Messrs. Hanes, Minton, ~aldrop, Woody, Young, and the President, Hr. Webber ............... 6. ABSENT: Hrs. Pickett ........ 1. OFFICERS PRESEN?~ Mr. Arthur S. Owens, City Manager, Mr. Randolph G. %.%lttl~ City Attorney, and Hr. Harry R. Yates, City Auditor. The meeting was opened with a prayer by the Reverend Jacob J. M. Strite, Pastor of Melrose Christian Church. MINUTES~ Copy of the minutes of the regular meeting held on Monday, October 12, 1952, having been furnished each member of Council, upon motion of Mr. Waldrop, seconded by Hr. Hanes and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. I~ARING OF CITIZENS UPON PUBLIC HATTERS: ZONING: Notice of a public hearing on the question of rezonlng from General Residence District to Business District property located at 1801 Orange Avenue, N. described as Lot 16, Block 65, Melrose Land Company Map~ having been published in the Roanoke World-News pursuant to Article XI, Section 43, of Chapter 51 o£ the Cod of the City of Roanoke, setting the time of the hearing at 2:00 o'clock, p. m., Monday, October 26, 1953, the matter was before Council. In this connection, Hr. Ymrvln J. Burnette appeared before Council and presented a petition bearing forty-six signatures of citizens and property owners living in the area objecting to the rezoning of the property because they feel that there is already ample business property in the area, that the rezoning would be spot zoning and would reduce the value of residential property in the area and thai property once zoned as business is open to all types of business with no control as to what use the property may be put to In future years. Also appearing In opposition to the rezoning were Hrs. G. D. Mathena and Hr. and Mrs. T. L. Wansor. Mr. F. H. Attalla appeared before Council, representing the petitioner, Mrs, Fannie M. Attalla, and urged that the lots be rezoned to business, stating that his family has operated a grocery store at this location for a number of years on a nonconforming permit, that they plan to expand their business and that the property will have to be rezoned in order to carry out the plans. Everyone present having been given an opportunity to be heard on the matter Mr. Woody moved that Council concur In the recommendation of the City Planning Commission and that the request for rezoning be denied. The motion was seconded by Hr. Minton and unanimously adopted. ZONING: Notice of a public hearing on the question of rezoning from General Residence District to Business District property located on the south side of Orange Avenue, N. W., between Sixteenth Street and Seventeenth Street, described as Lots 3 4 and 5, Block 52, Melrose Land Company Map, having been published in the Roanoke World-News pursuant to Article XI, Section 43, of Chapter 51, of the Code of the City of Roanoke, setting the time of the heartn~ at 2~00 o'clock, p. mo, Monday, October 26, 1953, the ~atter ~as before Council, In this connection, Hr. Richard To Edwards, Attorney representing the petitioner, Mr. John Co Blankermhip, appeared before Council and advised that since there is op~osition to the rezoning of other lots on Orange Avenue and also to the rezonir~ of Hr° Blankenship*s lots, his client wishes to vithdraw the request for On motion of Hr. Woody, seconded by Hr. Minton and unanimously adopted, the request of the petitioner to withdraw his application for rezonlng was granted. ZONING~ Notice of a public hearing on the question of rezoninE from General Residence District to Business District pro~erty located on the southwest corr~r of Orange Avenue and Eighteenth Street, N. W., described as Lots 6, 7 and 8, Block 66, Melrose Land Company Map, having been published in the Roanoke World-News pursuant to Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke, settint the time of the hearing at 2~00 o'clock, p. m., Monday, October 26, 1953, the matter ~S before Council. In this connection, Hr. Marvin J. Burnette, appeared before Council, speakir for the delegation present objecting to rezoning of the lots on Orange Avenue, and calling attention to the fact that the objections for rezoning as set forth in the petition filed in connection with the property located at 1801 Orange Avenue, N. W., also apply to these lots. Mr. Robert S. Guerrant, Attorney, representing Mr. L. M. Young, Jr., the :etitioner and o~mer of the lots, appeared before Council on behalf of his client ~nd stated that the lots in question are more suitable for business than residentia] purposes, calling to the attention of Council that the heavy traveled street, which is a part of U. S. Highway Route No. 460, makes the lots useless to Mr. young since he cannot dispose of them for residential building and that Mr. Young has definite ~lans for the leasing of the lots to an ell company who intends to erect a modern and up-be-date filling station on the corner. After a further discussion of the question and everyone present having been given an opportunity to be heard on the matter, rM. Minton moved that Council concux in the recommendation of the City Planning Commission and that the request for rezoning be denied. The motion was seconded by Mr. Young and unanimously adopted. ~LFARE DEPARTMENT: Hr. James Lee Ferris appeared before Council complainint that he has not received fair treatment in connection with the granting of his Old Age Assistance by the local Welfare Department, stating that his award ~s illegall: cancelled in September of 1952 by the local board, that he had to appeal his case to the State Welfare Board and that he has been unable to get the state board to render a decision in his case, further advising that the State and local Welfare Departments are seeking to compel his son to support him. In this connection, Miss Genevieve Camden of the local Welfare Department, who was present at the meeting, stated that the grant to Mr. Ferris was discontinue~ for a short time in 1952 due to the fact that his wife was working and had income sufficient to meet the family budget requirements, that since then Hrs. Ferris has become disabled and not able to work, that the Welfare Department at present is payi to Mr. Ferris $19.50 as Old Age Assistance and to his wife $25.00 as Aid to the Permanently and Totally Disabled and that Mr. Ferris also receives $25.00 per month from Social Security in addition to receiving $40.00 per month from rental of Miss Camden further advised that the Welfare Department has filed through the Courts of the State of Maryland a patitlon to require Mr, E. C. Yerris, son of Mr. James Lee Ferris, to contribute to~.ard the support of his father, On motion of Mr. Hanes, seconded by Mr, Minton and unanimously adopted, the matter %fas held in abeyance until the Maryland Courts act upon the petition present¢ to them. TRAFFICs Mr. R. 6. Culbertson appeared before Council and presented a ~rritten communication in connection with parking on Wllliamson Road, complimenting the body on the vay the parking question is being handled but questioning the metho~ and policy of the city in obtaining lands for municipal uses and the ray in which the city has dealt with citizens. The communication vas filed. TRAFFICs Mr. Benton O. Dillard, Attorney, representing a group of business operators and o~ners of property along Commonwealth Avenue, N. E., appeared before Council and presented a petition bearing thirty-t~ree signatures requesting Council not to make any changes in parking on Commonwealth Avenue and F~nrth Street to Orange Avenue, N. E., at the present time, ~. Dillard stating that they feel any changes made now will be premature because of the construction of the new viaduct and would probably have to be changed at a later date, further stating that the petitioners feel the taking of parking off the streets will result in the loss of Mr. Y. Hutsona, who ~as present at the meeting, also spoke in opposition to the removal of parking along the said streets. On motion of Mr. Hlnton, seconded by ]~. Hanes and unanimously adopted, the petition ~s filed for consideration by Council at the time the Ordinance prohibiti~ parking is presented. COMPL~INTS~ Mr. Gomer F. Conner appeared before Council, complaining that police officers arrest him for being drunk ~henever he appears on the public street~ and advising that he has been arrested eight times since May~ 1~5~. Mr. Conner vas advised to appeal his convictions, if he feels he ~s not guilty as charged, and that if he eannot afford to employ an attorney that the Cour will appoint one to represent him. STRUT EXTF~SION= M~. Cash J. Shoal appeared before Council in connection with the sub~ivislon of his land located in the vicinity of Stephenson Avenue and Twenty-sixth Street, S. ~., stating that he has had a subdivision map prepared and completed with the exception of approval by the City Engineer and the Planning Engineer who have nob approved the plan because of the possibility of the city extending Twenty-sixth Street, S. W., from Stephenson Avenue to Franklin Road, and requested Council to make a decision as to whether or not they intend to proceed further with the plan. In a review of the previous action of Council on the matter, it was pointed out that in December of 1951 Council had deferred action on a report from the Manager that it would cost $1~,000.00 to extend the street and that the matter be further discussed in the 1952 budget study but that according to the records no appropriations were earmarked in the 1952 budget for this project. 17 In a discussion of the matterg Hr. young pointed out that he can see little benefit gained by extending the street, that it would cost a great deal and that it would also create another traffic intersection on Franklin Road which is already a heavy traveled street. Mr. Hanes concurred in the remarks of Hr. Young{ whereupon, Hr. Waldrop moved that the City Clerk be instructed to inform the En~lneering Delmrtment that Council has no further plans for extending the street and has no objections to the approval of the subdivision map. The motion ~s seconded by Hr. Young and unanimou adopted. PETITIONS AND CO~O~JNICATIONS: COUNCIL~ A co~nication from Hr. D. E. HcQuilkin~ Superintendent K~eritus Roanoke City Public Schools, extending to Council his cordial thanks for the Certificate of Herlt voted to hi~ by the body for his services to the City of Roanoke as Superintendent of Schools, ~s before Council. The communication was filed. GARBAGE REMOVAL: A co~munication from the Dlrigo Club of the young Women's Christian Association requesting that the Council of the City of Roanoke take the necessary action to elimirmbe the city dump in the northwest section of the city and to build an amphitheater at the lccatlon, was before the body. On motion of Mr. ~'aldrop, seconded by Mr. Minton and unanimously adopted~ the conr~unication ~s referred to the City Manager in connection with his study of the question. STATE HIG.h%!AYS %~TtlIN CITY LIMITS: A communication from the Department of Highways, Rlcknond, Virginia, advising that in accordance with resolutions from th~ Board of Supervisors of Franklin County, the Board of Supervisors of Roanoke Count the To%~ Council of Rocky Mount and tho City Council of Roanoke~ State Primary Hlgh%~y No. 116 has been n~med the "Jubal Anderson Early Nlghway" by action of the State Highway Commission and that name plates will be erected along the route, was before Council. The co~unlcation %~s filed. APPALACHIAN ELECTRIC POk~/~ COMPANY: A co~munlcation from ~. M. E. Martin, suggesting that Council direct its legal staff to proceed with action to request t~ State Corporation Commission to reopen and reconsider its action in granting to the Appalachian Electric Power Company a ten per cent increase in its rates in the ~ta~ of Virginia, ~s b~fore the body. In a discussion of the matter, Mr. Hanes advised that he doubted the city'~ jurisdictional authority to enter the case in opposition to the application and Mr. Minton expressed the thought that it is a matter in which the entire state should be concerned. After a further discussion of the matter, Hr. Woody moved that the conmuni, tion be filed. The motion was seconded by ~. Hanes and adopted by the following vote: AYES: Messrs. Hanes, Waldrop, %body, Young, and the President, Mr. Webber-~ NAYS: Mr. Minton .............. 1. (Mrs. Pickett absent) ZONING: A co~unicatlon from Mr.~George M. Mlllikeng Jr., o~er of located on the north side of Liberty Road, N. E., between Wllliamson Road and Edison Street, described as Official No. S1OO~O1, asking that the property be ly rezoned from General Residence District to Business Dlstrictj h~ving been referred the City Planning Commissionj the follow, n§ commmnication fro~ the Planning Commis- sion with reference to the matter, was ~efore Councllt "October 26, 1953. The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemens In reply to your recent letter referring to the City Planning Co~ls- sion for study, report and recommendation, a communication from George M. Milliken, Jr., owner of property located on the northeast corner of William. son Road and Liberty Road, asking that property designated as Official Lot No. 3100901, be rezoned from a General Residence District to a Business Districts This request has been considered, and the Commission is of the opinion that the location of the'property in question is suitable for the proposed retail business use which will require considerable Off-street parking area The Commission is ~urther of the opinion that the proposed use will not adversely affect the nearby residential properties. It is understood that if said property is rezoned to a Business Distrl, the o~mer and the prospectivepurchaser are willing to dedicate five feet along the north side of Liberty Road, beginning one hundred feet from Williamson Road, and also five feet along the %~st side of Edison Street, for future street widening, as well as sufficient land to provide for a IS-foot radius at the Intersection of Liberty Road and Edison Street. (They have knowledge that City Council has previously established a setback line on Liberty Road.) The City Planning Coxnission recommends to City Council that the reque of the petitioner that said property be rezoned to a Business District be [ranted. Respectfully submitted, (Signed) George Dunglinson, Jr. Chairman." In this connection, the City Clerk read the following letter from }M. Milli~ "October 26, 1953 Roanoke City Council & City Board of Zoning Appeals Roanoke, Virginia Gentlemen: You may consider this letter my acceptance of the City Planning Commission's offer to rezone the rear of my lot upon the condition that I donate a five foot strip along Liberty Road beginning one hundred feet back from Wllliamson Hood and down Edison Street to the Northwest corner of property now owned by me. Yours very truly (SiEned) Geo. M. Millikent Jr. Geo. M. Milliken, Jr. (Signed) Evelyn B. Milliken Evelyn B. Milliken (Signed) L. L. Rush R. L. ~ush & Son" On motion of Mr. Minton, seconded by Mr. Young and urmnimously adopted, the City Clerk was instructed to publish proper notice of a public hearing on the quest~ of rezoning the property, said hearing to be held at 2:00 o'clock, p. m., Monday, November 23, 1953. REPORTS OF OFFICERS: TAXICABS: The City Manager submitted the following report and recommendatio~ with reference to grantin~ a Certificate of Public Convenience and Necessity to Mr. C. R. Sisson, trading as Roanoke Cab Company, for the operation of three additional taxicabs in the City of Roanoke: "Roanoke, Virginia October 26, 1953 To The City Council Roanoke, Virginia Members of Council: On September 18, 1953, at lO:SO A. M., a hearing was held with referen¢ to the request of Mr. C. R. Slsson, who operates the Roanoke Cab Company, for three additional taxicab permits. Hr, Sleson at the present time has one cab and ls, therefore: requestln~ a total of four. Affter studylr~ the facts brought out in the hearing, at ~hlch there ~as no objection from corporations or individuals, it is the Judgment of my office th~the additional permits should ha lssued~ and I, therefore, reco~end authority to grant three additional permits to Hr. Slsson. Respectfully sul~ltted, (Signed) Arthur S. O~ens City Hanager" Hr. Hlnton moved that Council concur in the reco~endatlon of the City Hanager and that the City Attorney prepare proper Resolution for the next regular neetln§ of Council. The ~otion~s seconded by Hr. Waldrop and unanimously adopted. BUI~ET-HUNICIPAL GARAGE:The City Harmger sul~itted mitten co~mnlcatlon from the Superintendent of the City Garage asking that $S)400.00 be transferred fro~ Repairs to Incinerator under Section ~97, "Refuse Collection and Disposal", to Fart~ for Hotor Equipment under Section #99, "Garage", of the 195~ B~dget) and reco~mende~ that the transfer be ~ade. Hr. Hlnton moved that Council concur in the reco~endatlon of the City Manager and offered the following emergency Ordinance transferring the $3)400.00: (#11977) AN ORDINANCE to mend and reordatn Section ~97, ~Re~use Collection and ~lsposal~, and Section #99, "Garage", of the 1953 Budget Ordinance, and provldin (For full text of Ordinance, see Ordinance Book No. ~0, Page 45.) Mr. Minton moved the adoption of the Ordinance. The motion vas seconded by ~r. Woody and adopted by the following vote: AYES: Messrs. Hanes, Minton, Waldrop, Woody, young, and the President, Mr. Webber ...................... 6. NAYS: None .......... O. (Mrs. Pickett absent) STREET IMPROVEMENTS: Co,~ncll at its last meeting having instructed the City Manager and the City Attorney to proceed with necessary steps to secure information ~and costs in connection with the widening of Salem Avenue, S. W., between Jefferson IStreet and First Street, the City Manager submitted the following co~muntcation fro~ the City Engineer showing revised costs involved in the widening of the north side iof Salem Avenue from Jefferson Street to First Street on the basis of twenty-one fe~ land thirteen feet: I "DATE: October 26, 1953 t TO: Mr. A. S. Owens) City Manager FROM: Hr. H. C. Broyles, City Engineer Attached hereto is supporting data giving revised costs involved in the widening of the north side of Salem Avenue from Jefferson Street to First Street, S. W. The following is called to your attention: 1. Cost to widen Salem Avenue 21 feet $124,884.64 City's sha~e of Federal and State Project 31,221.16 2~ Cost to widen Salem Avenue 1~ feet $ 98,602.14 City's share of Federal and State Project 24,650.54 S. Difference in cost between 21 feet and iS feet widening $ 26,2~2.80 Immediate action should be taken: a. Authorize proper steps to be taken to close S feet of Norfolk from Jefferson Street to First Street, S. W. b. Authorize the acquisition of necessary land from the Kirk property, Official Tax No. 1010~1~ to provide for a ?l-foot width street (approximately 21-foot widening on north side) over and above that required for Viaduct project. See attached plat. c. Take steps to ~ake the widenin~ of Salem Avenue from Jefferson Street to First Street a State and Federal Pro~ect, and to authoriz~ the City to pre,are plans for the proJect~ end to sub.it same for progra~lr~ by the State and Federal Governments. The City Engineer. ln~ Department can prepare the necessary plans. IMPOR?A~ NOTE -- Once again the importance of Salem Avenue between Jeffersc Street and First Street. S. W., is stressed. It is strongly reco~ended that every effort be ~ade (regardless of cost) to see that Salem Avenue fror Jefferson Street to First Street, S. ¥o. has a street width of not less thaz 71 feet between property line. This will provide three free moving lanes of traffic, loading lanes on the north and south side, and side.elk s~ace oz both sides. The Department of Highboys have emphatically expressed their views in this m~tter which is in keeping with the 71-foot width indicated. (Signed) Ho Cletus Broyles City Engineer Approved: (Signed) Jnoo Lo ~entvorth Director of Public ~orks~ In this connection, the City Clerk read the following com=unication £rcm thc City Planning Co~ission~ "October 23, 1953, The Honorable R. L. Webber, Mayor, and Members ~ City Council, Roanoke, Virginia. Gentlemen: In connection with the question of widening Salem Avenue, and in view of the proposed construction of the parking garage in the i~ediate future: This is to advise City Council that it is the opinion of the Clty Planning Commission that it will be advantageous for the City to abandon a strip of land along the south side of Norfolk Avenue between Jefferson Street and 1st Street, S. W., said strip varying in width up to eight feet, in order that the City nay secure a right-of-way on Salem Avenue along the lots running through to Norfolk Avenue. Attached hereto is a 'Preliminary Plan Showing Proposed Closing of a Portion of Norfok Avenue, S. W., Between Jefferson Street and 1st Street, S. W.', dated September 14, 1953, for your information in cormection with this proposal. Respectfully submitted, (Signed) George Dunglinson, Jr., After a brief discussion of the matter, ~r. Young moved that the recomz, enda~ tion of the Planning Commission be taken under advisement, that copies of the report ~resented be made available to each member of Council and that the matter be placed on the agenda for the regular meeting of November 2, 1953. The motion was seconded by Mr. Waldrop and unanimously adopted. ALMSHOUSE: The City Manager submitted mTltten report from the Almshouse for the month of September, 1953, showing a total expense of $1,851.98 as compared with a total expense of $1,668.09 for the month of September, 1952. The report was filed. REPORTS: The City Manager submitted written reports from the Department of Parks and Recreation, the Department of Public Works and the Municipal Airport for the month of September, 1953. The reports were filed. REPORTS OF COMMITTEES: 'None. U~;FINISHED BUSINESS: None. CONSID~ATION OF CLAI~: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ZONING: Ordinance No. 11975, rezoning certain lots fronting on the north and south sides of Angell Avenue, N. W.~ and certain lots fronting on the south sld~ zl of Wentworth Avenue: No V., east of Willlamson Road in Blocks 3 and 4 of the William Flemin~ Court Map: fro~ General Residence District to Business District, having previously been before Council for its first reading, read and laid over, vas again before the body, Hr. Hanes offering the following for its second reading and final adoptions (~11975) AN ORDINANCE to amend and reenact Article I, Section 1, of 51 of the Code o£ the City o£ Roanoke, Virginia, in relation to Zoning. (For full text of Ordinance, see Ordinance Book No. ~0, Page 44.) }ir. Hanes moved the adoption of the Ordinance.. The motion vas seconded by Mr. Hlnton and adopted by the following vote: AYES~ Messrs. Hanes, Minton, ~aldropj ~'oody, Young, and the President~ Hr. Webber .................. -6. NAYS~ None ........ O. (Hrs. Pickett absent) SALE OF PROPE~TY~ Ordinance No. 11976j providing for the sale of a trlan~u. lar strip of land o~ned by the city located on the northeast corner of Brambleton Avenue and Ross Lane, S. ~.~ having previously been before Council for its first reading, read and laid over, ~s again before the body~ Hr. Waldrop offering the Following for its second reading and final adoption: (~11976) AN ORDINANCE providing for the sale of a triangular strip cf ground located the Northeast corner of Brambleton Avenue~ S. ~., and Ross Lane~ ~. W.~ to Ingrmm Building and Supply Company~ Incorporated, at a net consideration of $100.00 cash; and authorizing the execution and delivery of a Deed therefor. (For full text of Ordinance, see Ordinance Book No. 20~ Page 45.) Hr. %fal~rop move~ the adoption of the Ordinance. The motion ~ras seconded by Mr. ~oody and adopted by the following vote: AYES: Messrs. Hanes~ ~lnton~ %'aldrop~ ¥loody~ Young! and the Presldent~ Mr. %febber ..................... NAYS: llone ......... O. (Mrs. Pickett absent) AIRPORT: The City Attorney havln~ been Instructed to prepare proper authorizing the leasing ofa~e roon In the Cannaday House at the Boanoke Municipal Airport to the Piedmont AIrltnes to be used as a "crew rest"~ he presented ~ame; whereupon, Hr. ¥!aldrop moved that the following Ordinance be placed upon its first reading. The motion ~.as seconded by Hr. Hanes and adopted by the following vote: AYES: Messrs. Hanes, Minton, ~aldrop~ %foody~ Young~ and the President, Hr. Webber ................... NAYS~ None ....... O. (Hrs. Pickett absent) (#11978) AN OBDINANCE authorizing the City Manager to lease Roon No. ~ in the Carmaday House at the Roanoke Huniclpal Airport (¥foodrumFleld). BE IT ORDAINED by the Council of the City of Hoanoke as follows~ That the City Manager be~ and he is hereby~ authorized and directed, for and on behalf of the City, to lease unto the Piedmont Airlines Hoom No. 2 in the Cannaday House at the Boanoke Municipal Airport (Woodrum Field), on a month-t basis at a rental of $25.00 per month, to be used by said lessee as a Cre~ Rest for no other purpose. The Ordinance having been read, vas laid over. BUDGET-SIlENT IHPBOIrf~BNTS: The City Attorney having been instructed to prepare proper Ordinance extending the contract between the City of Boanoke and the Virginia Asphalt Pavin§ Company, Incorporated, to include the paving of Cove Road, N. Wo, from Lafayette Boulevard to Hershberger Roadt and to provide for the appro- priation of $8~500.00 with td~ich to pay the costs incurred by the extension, he presented same; whereupon, Hr, Minton offered the following emergency Ordinance= (~11979) AN ORDINANCE extending the contract entered into between ¥1rginia Asphalt Pavin~ Co~pany, Incorporated, amd the City of Boanoke~ under date of June 16, 1953, pursuant to which certain City streets were to I~e surfaced; appropria~in§ requisite funds; and providing for an emergency° .(For full text of Ordinance, see Ordinance Book Roo ~0, Pa§e 46.) Hr. Hinton moved the adoption of the Ordinance. The ~otion vas seconded by Mr. Woody and adopted By the following vote= AYES= Messrs. Hanes, Minton, Waldrop~ %foody, Young, and the President, Mr. Webber ................... 6. NAYS= None ....... O. (Mrs. Pickett absent) SALE OF PROPE_RTY= The City Attorney having been instructed to prepare propel Ordinance authorizing the sale of a city ~ned lot described as Lot 10, Block 23, Wasena Map~ to Mr. A. L. Roberts for $450.00 net cash to the city, he presented same; whereupon, l~r. Minton moved that the following Ordinance be placed upon its first reading. The motion was seconded by Mr. Waldrop and adopted by the following vote= AYES= Messrs. Hanes~ Minton~ ~aldrop, Woody~ Young~ and the President, Mr. ~'ebber ........................ 6. NAYS= None ............ O. (Mrs. Pickett absent) (~119~0) AN ORDINANCE providing for the sale of Lot 10~ Block 23~ Wasena Map, by the City of Roanoke to Mr. A. L. Roberts, at a consideration of $450.00 cash; and authorizing the execution and delivery of a deed therefor. BE I~ ORDAINED by the Council of the City of Roanoke as follows= 1. That sale be r~de by the City of Roanoke to Mr. A. L. Roberts of Lot 10, Block 23, %'asena Map, at a consideration of $450.00 cash net. 2. That the proper City officials be~ and they are hereby, authorized and directed~ for and on behalf of the City,to execute and deliver a proper deed, to be prepared by the City Attorney~ conveying, with Special ~'arranty of title, the above- ~descrtbed property to the proposed purchaser and to deliver the same, properly executed, upon receipt of the cash consideration. The Ordinance b~ving been read, vas laid over. MOTIONS AND MISCELLANEOUS BUSINESS= ZONING= Hr. Woody called attention to recent complaints about locations of Jur~k yards and automobile grave yards and moved that the question be referred to the City Planning Co.~mission for study, report and recommendation as to whether or not the Zoning Ordinance should be amended in connection with location of both Junk lards and automobile grave yards. The motion was seconded by Fir. Waldrop and lnanimously adopted. WATER DEPART~ENT~ Hr. Minton raised the question as to whether or not the city's ~ater systems, reservoirs, dams, etc., are properly protected from ~ossible damage. In this connection, the City Manager advised that the only vay complete protection could be provided at Carvlns Cove is by having guards on duty, that the physical condition of the da~s is checked twice a year and that a conference of mayors and civil defense officials ls scheduled for Decen~er 14 through December 19~3, in Waehington~ D. C.~ which conference has ~een called at the request o~ the ~resident of the United States to study the safety of the nation~ and co~ented that eomethin~ relating to the protection of water supplies may be brought up at that tine, Mro Minton moved that the question of what protection should be provided for the city's water systems~ reservoira~ dams~ etc.~ against possible damaged be referred to the City Manager for study. The motion w~s seconded by Mr. Hanes and unanimously adopted. WATER DEPARTMENTs Mr. Young read the following prepared statement with reference to furnishing citywater to fringe areas of Roanoke during the present drought: "Mr. Chairman: The present drought has reached serious proportions and many of our nearby neighbors on the very fringe of the city are suffering hardships to the lack of water. At the sa~e time, due to the foresight of this and former Councils, in expanding our water system as needed~ we have plenty Of ~ter and have not found it necessary to impose any restrictions on Its use. We should now be willing to prove we are a good neighbor and bemporar lay aside our rules and regulations and go to the aid of our neighbors dire In need of ~ter and make it available to them only during the emergency on any reasonable b~sis, keeping the cost to the city always as low as possibl and forgetting during the emergency any profit on the sale, thinking only of the humanitarian side. I have had a resolution prepared which ~uld accomplish this and I want the City Clerk to read it." Mr. Young then offered the following emergency Resolution as prepared by the City Attorney: (#11981) A RESOLUTION temporarily rescinding, in certain instances, the Ru] and Regulations of the k'ater Department regarding the supplying of water beyond the City's limits; authorizing and directing the City Manager~ notwithstanding such Rulf and Regulations, upon request, to make all reasonable efforts to make u~tcr, fro~ tt City's sources of supply, temporarily available to nearby co~nities in dire need thereof because of the unprecedented drought; and providing for an emergency. (~'or full text of Resolution, see Ordinance Book No. 20, Page 47.) l~r. Young moved the adoption of the Resolution. The motion ~=s seconded b) }M. Hanes and adopted by the following vote: AYES: Messrs. Hanes, Minton, Waldrop, Woody, Young, and the President, Mr. Webber .................... NAYS: None ....... O. (Mrs. Pickett absent) RESOLUTION OF APPRECIATION: Mr. Waldrop brought to the attention of Counci~ that certain school youths and other citizens have voluntarily participated in the successful fighting of dangerous and costly forest fires in the vicinity of Roanoke. advising that he feels they should be co,ended for their actions and moved that th~ City Attorney be requested to prepare a Resolution expressing the thanks and appreciation of Council for the actions of certain individuals in fighting fires. motion was seconded by Mr. Woody and unanimously adopted. There being no farther business, Council adjourned. APPROVED ' C er ~/[~ President COUNCIL~ SPECIAL FJ~ETING~ Wednesday~ October 28~ 1953o The Council of the City of Roanoke met in Special Meeting in the Circuit Court Room in the Hunicipal Building, %~dnesday~ OctoLer 28~ 1953~ at $200 o'clock~ po m.~ for the purpose of conducting a public hearing to give interested citizens opportunity to express their views with reference to the Redevelopment Plan for the Commonwealth Redevelopment Project, as submitted by the Roanoke Redevelopment and tlousing Authority, which plan together with the recom~endatlons in connection therewith as made by the City Planning Com~ission, is before Council for its consideration, the President, Mr. %;ebber, presiding. PRESENT: Council members Hanes, Minton, Waldrop, %;oody, Young, and the President, Mr. %~bber ................... 6. ABSENT: Mrs. Pickett ............ 1. OFFICERS PRESE~: Hr. Arthur S. Owens, City Manager. Council having invited members of the City Planning Connisslon, along with members of the Roanoke Redevelopment and Housin~ Authority, to te present at the meetin~ tile Chairmen of both groups were present along with other members from the City Planning Co~nisslon and the Housing Authority. The meeting %~s opened with a prayer by Mr. leith B. Hanes, Jr., Councilman HOUSING: The purpose of the meeting having been stated, the President, Mr. Webber, recognized Mr. J. V. Boswell, ~ho ~as present at the meeting, !!r. Boswell stating that he represents the Roanoke Real Estate Board and that the Board is uncom~romislngly opposed to the Commonwealth Redevelopment Project, but does not oppose a new four lane high%~y along Com. nonwealth Avenue nor is the Board opposed to cleaning up the approaches to the city or tearing do~m certain houses that need to be razed~ but advised that the Board does oppose what is termed "Federal control of the economy". ~4r. Bos%rell further advised that this plan is wrong in principle and will not accomplish what it purports to d% stating that the area proposed to be redeveloped does not represent the worst slmms of the city and that there are four movements which will clean up Roanoke, they being: (1) the law of supply and demand (2) normal development of the city com~erclally; (3) the Housing and Hygiene 0rdina and (4) the greatest thing that will clean up the city is a voluntary movement - one of enthusiasm and pride of the property owner. Mr. Boswell then stated that the voters of Rosnoke in 1951 voted that Counc not cooperate with the Housing Authority and advised that if the body does not see fit to reject this plan now then the Roanoke Real Estate Board urgently, officially formally, but respectfully, requests that Council place this question before all th qualified voters in Roanoke for a referendmm. Also appearing and speaking in opposition to the project, were Mr. Ira J. Womack, President of the Commonwealth Citizens Association, and ~{rs. C. S. ~illfam! Vice President of the Commonwealth Citizens Association, advising that they are speaking for the negroes in the area proposed for the project and requesting Counc~ not to approve the project, advising that the average citizen in the area will never be able to o~n a home again in this area or in any other area~ that the small amount paid them for their property will not be sufficient for them to ever purchas homes again, Mr. %,fomac~ calling attention to the fact that it will be next to 24A ce; 24B' impossible for the average negro to obtain a loan for refinancing another home in the area and that there are no monies now available for the area. Mr. %Yo,~ack asked that the citizens present who oppose the project ~e reques~ to stand and approximately ~50 persons indicated their objection. Mr. %fomack then called attention to discrepancies in the program as to schoals, n=n~er of building sites, money available for loans, etc. Mr. Richard L. Beck~ Executive Director of the Roanoke Redevelopment and Rousing Authority, who ~s present at the meeting, answered questions on the discrs along with Hr. L. L. Rusht who explained the financing and money available for the area, Mr. Rush advising that there is not one dollar available in ~{A funds for the area. Also speakln£ %fas Mr. R. R. Quick, representing the Roanoke Real Estate Boa] stating that he is here to oppose the so-called "Commonwealth Redevelopment Project" and advised that he feels a certain n=nker of dwellings should be demolished and others be rehabilitated, %,hlle others in the area should ke left alone and advised that this shou]d be done through the proper enforcement and strengthening of the Housing and Hygiene Ordinance, Mr. Quick further stating that it is the Real Estate Board's recommendation that this Ordinance ~e changed, that the man in charge of enforcing the Ordinance be paid in accordance with the responsibility of the job and that he 2e given the right to order a building vacated and the right to raze it. Also speakin~ In opposition to the project were I.{r. R. G. Culbertson~ who requested Council to call for a referendum on the project, and Dr. L. E. Paxton~ opposed the project and stated that to displace the negroes in the area and give $3~000.0) or ~4,000.QO for their homes they have been years paying for and then to expect them to co~e back at the average age of fifty-five years and try to kuy property for $8,000.00 is not fair. At this point, the President~ ~r. %febber~ recognized Mr. C. Fred Mangus, Chairman of the Roanoke Redevelopment and Housing AuthoFfty~ who was present at the meeting, Hr. ~[angus statin~ that the Housing Authority has held a lengthy meeting vith the Real Estate Board in the ho~e that t}]ere ~ould ~e no misunderstanding at this public hearin~ but that he feels there is a misunderstanding of the desire of the Rousing Authority to do a Job for the city~ and that he also feels the five members of the Housing Authority are doing a good job, further advising that he believes this program is only the beginning, that this project wlll not remove all and that he hopes this or some other program will be carried on. After a discussion %ylth ~-~. ~ufck as to the enforcement and stren~thening of the Houslng and Hygiene Ordinance~ 1.!r. Youn~ stated that he feels this matter should be voted on by the entire membership and since Council does not Pmve a full memk~rship present moved that the matter be taken under consideration to be voted in the future. The motion %ns seconded by Mr. %~ody and unanimously adopted~ ~m. Minton urging that members of Council think over this matter and leave these people exactly as they are. There being no further business~ Council adjourned. APPROVED COUNCIL, REGULAR ~EETIN6, Monday, November 2, 1953. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, Monday, November 9, 1953, at 2~00 o'clock, p. the regular meeting hour, with the President, Mr. ~bber, presiding. PRESENT~ Council members Hanes, Minton, Pickett, Waldrop, Woody, Yours, and the President, Mr. Webber ............. 7. ABSENTs None .................. O. OFFICERS PRESENTtMr. Arthur S. Owens, City Manager, Mr. Randolph G. ~.~lttle City Attorney, and Mr. Harry R. Yates, City Auditor. The meeting was opened with a prayer by the Reverend Stanford J. Harris, Pastor o£ St. Paul Methodist Church. MINUTESt Copy o£ the minutes of the regular meeting held on Monday, October 19, 1953, having been furnished each member of Council, upon motion o£ Mr. Woody, seconded by Mr. Waldrop and unanimously adopted, the reading, was dispensed with and the minutes approved as recorded with the direction that the City Clerk show Mr Woody as not voting lnstead of voting nay on the notion under the heading Water Department "that the old Clemont %~ter Ta~k be disposed o£ to the best interest o£ the city". tUEARING OF CITIZENS UPON PUBLIC MATTERS: STADl~{-PARKS AND PLAYGROLU{DS-WATER DEPARTMENT: Pursuant to notice of advertisement for bids for the privilege o£ operating concessions at Carvlns Cove, %%shington Park, Rockledge Inn and/or Mill Mountain Zoo, %%soma Park and Victory Stadium, said bids to be received by the Purchasing Agent until 2:00 o'clock, p. m.~ iMonday, Rovember 2, 195~, and to be opened before the Council o£ the City of Roanok~ :at that hour, the President, Mr. Webber, asked if there %~s anyone present who did not fully understand the advertisement, if there %~s anyone present %mo had been denied the privilege of b~dding, or if there were any questions anyone would like t~ iask, and no one present raising any question, the President instructed the Clerk to i proceed with the opening of the two bids received for Carvins Cove, the two bids i received for Washington Park, tko one bid received for Mill Mountain Zoo and tko !bid received for Victory Stadl~. The bids having been oFened and publicly read before Council, F~. Young offered the following Resolution: (f11982) A RESOLUTION referring bids for the privilege of operating concess~ at Carvlns Cove, Washington Park, Mill Hountaln Zoo and Victory Stadium, respeotive~ to a co~mlttee composed of Mr. Arthur S. Owens~ City Manager, }~. Harry R. Yates, City Auditor, and Mr. R. B. Moss, Purchasing Agent, for tabulation, report and recom.~endation to the Council of the City of Roanoke. (For full text of Resolution, see Ordinance Book No. 20, Page 48.) }ir. Young moved the adoption of the Resolution. The motion %~s seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, %~ldrop, %body, Young, and the President, Mr. Webber ............. 7. NAYS: None .................... O. 25 It appearing that no bids were received for the operation of the Wasena Par~ and Rockledge ~nn concessions, Hr. Young moved that the City Hanager ~e requested t¢ readvertise for bids for the privilege of operating concessions at Wasen~ Park and Nockledge Inn. The motion was seconded by Mr. Waldrop and unanimously adopted.' ZONING$ Notice of a public hearing on the question of rezoning from General Residence District to Business District a tract of land containing eight acres, more or less, bounded on the north by Wayne Street, N. E., on the east by Wllllamson Road on the south by Block S, Williamson Groves Hap, and on the west by Wilkins Street, extended, being a portion of Officbel No. 3070316, having been published In the Roanoke World-News pursuant to Article XI~ Section 43, of Chapter 61 of the code of the City of Roanoke, setting the time of the hearing at 2~00 o'clock, p. m., M0n~ November 2, 1953, the matter ~s before Council. In this connection, ~r. H. M. Moomaw', Attorney representing the petitioner, Mrs. Nancy E. Lukens Hamilton, appeared before Council and stated that the property will be leased and used for a retail mercantile business and that the development will provide for off-street parking for the customers, advising that when the pro- ~erty is rezoned the petitioner will dedicate land for the extension of Wilkins Street. No one appea~in~ tn oppos~tion to the request for rezoning, and no co~nun~ea- tions having been received on the subJect~ M~. Hanes moved that Council concur in t~ reco~endation of the City Planning Commission that the property be rezoned and tha~ the followlnE Ordinance be placed upon Its first reading. The motion vas seconded by Mr. Young and adoDted by the following vote: AYES: Council nemhers Hanes~ Mtnton~ Pfckett~ %:aldrop~ ~oody~ Young~ and the Presldent~ Mr. %%bber ............ ?. NAYS= None ................... O. (~1198~) AN ORDINAl{CE to amend and reenact Article I~ Section 1~ of Chapter 51 of the code of the City of Roanoke~ VirEinia~ in relation to Zoning. ¥~{EREAS~ appllcatien has been made to the Council of the Clty of Roanoke to have a tract of land containing eight acres, more or less~ bounded on the north by %Iayne Street~ N. E., en the east by ~1111amson Road~ on the south by Blcck S, ~llltamson Groves Map~ and on the %~st by Wilklns Street, extended, being a portion of property desiEn~ted as Official No. ~070316, rezoned from General Residence District to Business Distrlet~ and %..~EREAS~ the City Planning Comnisslon has recommended that the above tract of land be rezoned from General Residence District to Business District as requeste( and ¥~EREAS~ notice required by Article XI~ Section 43~ of Chapter ~1 of the G~ of the City of Roanoke~ ¥irginta~ relating to Zoning~ has been published in "The Roanoke World-News", a newspaper published in the Clty of Roanoke, for the time required by said section, and %?HEREAS, the hearing as provided for In said not,ce published ~n the said newspaper ~s given on the 2nd day of November~ 1953~ at 2:00o'clock~ p. m.~ befor~ the Council of the City of Roanoke in the Council Room in the Mu/~lcipal Building~ a~ which hearlnE no objections were presented by property owners and other interested %.StERFAS, this Council, after considering the application for rezoning, Is of the opinion that the above tract of land should be rezonsd as requested. THEREFORE, BR IT ORDAINED by the Council of the City of Roanoke that Article I, Section 1, of Chapter S1 of the Code of the City of Roanoke, Virginia, relating to Zoning, be amended and reenacted in the folloving particulsr and no other, vlzs A tract o£ land containing eight acres, more or less, bounded on the north by Wayne Street, No E., on the east by Wllliamson Road, on the south by Block S, Wllliamson Oroves Map, and on the vest by Wllkins Street, extended, being a portion of property designated on Sheet 307 of the Zoning Map as Official No. S07031G, 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 Ordinance having been read, was laid over. TRAFFIC~ Mr. George I. Vogel, Attorney, appeared ~efore Council and presents a petition bearing ninety-one signatures of citizens who are property owners, pro- fessional or business people living or maintaining businesses on Jefferson Street, requesting that the recently established no parking restriction on the west side of Jefferson Street, from Elm Avenue to Albemarle Avenue, be removed, and stating that the parking ban will be ruinous to business in the area and that there is no place within a reasonable distance that a person can park for a short time. In a discussion of the matter, Mr. Vogel asked that the round-the-clock parking ban on the west side of Jefferson Street be withdra~ and that limited park! be allowed, advising that in his opinion there is no traffic problem on Jefferson Street so far as outbound traffic is concerned. Also appearing in opposition to the parking ban, were Mr. Nelson R. Bailey, owner of Bailey's Gift Shop, 1025 South Jefferson Street, and Mr. R. D. Carson, representing the Jefferson Standard Life Insurance Company, 1025 South Jefferson Street, stating that many of their customers and policy holders have complained about the parking restriction, Mr. Bailey advising that his business has dropped per cent since the ban %ms imposed. After a discussion of the matter, Mr. %faldrop moved that the petition be referred to the City Manager for his consideration. The motion %ms seconded by Mr. Hanes and unanimously adopted. PETITIONS AND CO~[MIJNICATIONS: STREET IMPROVEMENTS: A petition signed by fifty-one citizens requesting thai Wlnsloe Drive and McAfee Street, N. W., be hard surfaced at the first possible moment, was before Council. On motion of Mr. Woody, seconded by Mr. %Ialdrop, and unanimously adopted, the request for improvement was referred to the City ~mnager for consideration and recommendation. COMPLAINTS-WATER DEPARTMES"~: A con~unication from the President of the Rlverdale Civics Club, asking that adequate %~terbefurnished citizens on Ridge Road and Nineteenth Street~ S. E., that the traffic obstruction at the corner of Rlverdale Road and Nineteenth Street, S. E., be ellminated, that the banks of Roanoke River in that area be cleaned up a~d that something be done about the offensive odor coming from Roanoke River which they believe is a result of d~ping industrial wastes by the American Viscose Corporation, was before Counckl. 28 On motion of Hr. Hinton, seconded by Hr. Waldrop and unanimously adopted, the requests for improYements were referred to the City Manager for disposition. ZONING~ The following commnication from the City Planning Commission with reference to a request from Mr. C. B. Wade that his property located on the west side of Wllliamson Road, N. W.~ between Hearthstone Road and Wondbury Street, described as Lots 4, 5 and 6, inclusive, Block 7, Alrlee Court Map, be rezoned from Special Residence District to Business District, was before Oouncil~ "October 27, 1953. ~. H. K. Moorman, City Clerkt Roanoke, Virginia. Dear Mr. ~'~orman~ In regard to your letter of December 27, 1952, referring to the City Planning Comission for study, report and recommendation to Council, a co~unication from C. B. %ade asking that property located on Wllllamson Road, described as Lots 4, 5 and 6, incl., Block 7, Airlee Court ~p, be rezoned from a Special Residence District to a Business Distrlct~ This request has been pending for some time, Mr. Wade having been contacted on several occasions, but asking that action be delayed until further advice from him. Mr. Wade has now advised this office that he has sold his property and has no further interest in the matter. I suggested that he contact you and ask that he be permitted to withdraw his request. I understand that he talked to someone in your office about this matter. In view of Mr. Wade's statements to me, I am returning to you his communication without action Of the City Planning Cox~issfon in order to clear my files. Very truly yours, (Signed) Nlra S. Seymour Mrs. F. L. Seymour, Secretary." In this connection, the City Clerk advised Council that Mr. Wade has verbally asked that his request to rezone the property be withdra~n; whereupon, Mr. Young moved that the request of Mr. Wade to withdraw his petition for the rezoning the property be granted. The motion was seconded by Mr. Minton and unanimously adopted. BUDGET-SCHOOLS: A communication from the Library Clerks of the Roanoke Public Schools, advising that if Council gives any salary raises for 1954 they woul like to share in these raises, was before Council. On motion of Mr. Woody, seconded by Mr. Hanes and unanimously adopted, the request ~s referred to the 1954 budget study. BUDGET-AIR POLLUTION CONTROL: The following cox-aunication from Mr. H. B. Boynton, Chairman, Air Pollution Control Advisory and Appeals Board, with reference to the salary of the Director of Air Pollution Control, vas before Council: "October 28, 19S3 Honorable Roy L. Webber, Mayor City of Roanoke 4000Willlamson Road Roanoke, Virginia Dear Sir: Pw. Lynn and I appreciated very much the opportunity of =eeting with you at your office on Thursday afternoon, October 22nd, for a discussion of a m~Jor problem facing us in connection with the Air Pollution Control Director. We have been informed by Mr. Frost that he has received a very interesting offer from another City which involves an increase in salary of approximately $1,000.00 per year. The members of our Co~lttee can hardly see how Mr. Frost can turn this offer down for personal reasons unless the City can arrange to make it worth his while to retain his present position here in Roanoke. Our Committee feels that ~r, Frost has done an outstanding Job in his position as Director of the Air Pollution Control Department of the City of Roanoke and we strongly recommend to you and the City Council that sufficie~ increase in salary Be granted to Mr. Frost so that hie valuable services to our City can be retained. Very truly yours, (Signed) H. B. Boynton ti. B. Boynton, Chairman Air Pollution Control Committee" In this connection, Hr. H. B. Boynton appeared before Cou~tl, and stated that if Mr. Frost leaves the city it will be difficult to find a successor to carry on the smoke abatement program and that he cannot see how Mr. Frost can reject the offer unless Council can give him an increase in salary. In a discussion of the matter, the City Manager stated that he is constantl faced with members of his staff getting more attractive offers and advised that two of his key personnel have left the city's employ in recent months tut that he would be reluctant to recommend any change in salary for any employee at this time with Council going into budget study within the next thirty days. ~M. Woody stated that even though he is in sympathy with the matter he does not see how an exception can be made in this case when Council does not know what its budget requirements will be for next year, and moved that the matter be referred to the 1954 budget study for consideration. The motion ~s seconded by Mr. Maldrop and unanimously adopted, }~. Minton stating that he unnts all employees to share in any increases that mmy be given in 19S4. REPORTS OF OFFICERS: BUSES: The City Manager having previously been requested to contact the management of the bus companies to ascertain if any new equipment or ruses have bee~ ~edandwhattheco~pan~es' plansarefornextyear, hepr .... tedthefollowi "Roanoke, Virginia November ~, To The City Council Roanoke~ Virginia Members of Council: In furtherance of your directive, I have had a conference and have written to the Roanoke Railway and Electric Company with reference to new buses. The following letter is their official report: 'October 29, 1953 Mr. Arthur S. Owens City Manager Municipal Building Roanoke, Virginia Dear ~. Owens: Referring to your letter to me of October 16th transmitting the inquiry of City Council as to the bus companies' plans relative to purchasing new equipment: The increased fare schedule did not go into effect until the past July 1st. Up until that time the companies were operating at a substantial loss and as of July 1st, both companies were heavily in the red. As you know, some of our substantial industries are now working a short week and this together with the continuing decline in the number of riders makes it very doubtful if we can avoid showing a loss for this year's operations. It looks very ~Jch as if the compan! are going to end the year in the red. Under these circumstances the management is not in a position at this time to make definite plans toward procuring new buses. However, let me restate that it is our intention to begin replacing the old buse just as soon as the revenues of the companies justify. ! wish we could be more definite as to when we can begin procuring new buses, but I am sure you will understand that this is impossible at the present time. Very truly yours, ROANOKE RAILWAY & ELECTRIC COMPANY (S~g~ed) R. D. Cassell General Superintendent' Respectfully submitted, (Signed) The report and communication were filed, FIRE PROTECTIONt Council having previously referred to the City Hanage~ the Chief of the Fire Depart~nent and the City Attorney, the question of drawlng up a proper ordinance assuring safety and requiring a plan for the orderly evacuation of hospitals, convalescent Homes, nurseries and similar institutions throughout the city in the event of a catastrophe, the City Manager sul~lttnd the following report "Roanoke, Virginia November 2, 1953 To The Clty Councll Roanoke, ¥1rglnia Members of Councllt You directed me, in December of 1952, to make necessary surveys and establish a program for evacuating the several hospitals, convalescent homes, and kindergartens in the City. Chief Mullins and his staff have been very active with a training program for these institutions; and we have found thom most cooperative in our endeavor to set up training programs. The following letter from Chief Mullins should be of interest to Council: 'October 29, 1953 Mr. A. S. Owens City Manager Roanoke, Virginia Dear Sir: The fire evacuation plan which you requested to be put in effect by the Roanoke Fire Department in our hospitals has been carried out as far as teaching nurses and omployees in using fire extinguishers on the different classes of fires (classes A, B, and C). Thoy have also been instructed in how to ovacuate the buildings. Some of the hospitals have never put in writing or submitted a plan o[ evacuation to this offico, but I havo talked to the Supervisors and Superintendents of these buildings personally. They have cooperated vory nicely and I have went over the plans with them myself. An agreoment and.undorstanding, I think has been established between the Roanoke Flro Departnent and all of our hospitals. The greatest cooperative thing that has been accomplished this year, or any yoar during my term of sorvice, was the sprlnklerlng of the Shonandoah Hospital, the Lewis-Gale Hospital, and Jefferson Hospital. The Momorial and Crippled Chtldron's Hospital is a semi-fireproof building. The State Fire Marshals' Offico has recommended that they incloso stair u~lls so that in case of a fire in this hospital the fire could not sproad from floor to floor. This has not been done ant their plea is that thoy u~nt to u~lt until they move into their new building. Of course, we reco==ended and approved the same but this Il a matter of the State Fifo Marshals' Office in Richmond. The Shenandoah Hospital has been vory fire conscious and after instal~ tng the sprinkler system I explained to them the need of a master fire alarm box and auxiliary boxes on each floor of their hospital. They have purchased and installed a fire alarm system of this type which is one of the greatest safety factors available today. The Lewls-Gale and Jefferson Hospitals havo done the same thing. Incidentally, the Jefferson Hospital ~s the first to install fire alarm boxes on each floor. With our three big hospitals being sprfnklered and covered by fifo alarm boxes I feol that a great safety factor has been accomplished this year. In our Convalescent Homes we find, on our inspections each thirty day from four to five pationts with one person on duty. These employeos have been instructed in regard to the safety of human llfe. However, there is one in our City ~ich doos not comply with Stero FAro Laws. This is located at 1305-1311 Salem Avenue, S. W., and is o~med by Mrs. C. B. Carter. The State has recommended that this building be automatically spri~klered. It seems that rms. Carter doesn't havo th( money to do this ~rk. As you may know, this is a colored convalescen homo and I am of the opinion that this convalescent homo will be clos~ in a short while because it does not meet the standards of the State Corporation Co~mlssicn. ! might also say that the State Laws on Convalescent Homes are stronger written laws than our Building Code Laws. }~ do make fire inspections of all such institutions and hold fire drills wherever possible each ninety days and ~ake regular fire ;! Inspections of these sane Institutions each thirty days. Yours very truly, (Signed) W. N. Mullins W. M. Mullins, Chief Roanoke Fire Department Roanoke, Virginia' Respectfully submitted, (Signed) Arthur S. Owens City Manager" On motion of Mr. %~ldrop, seconded by Mr. Hanes and unanimously adopted, th, report and letter from the Chief of the Fire Department, were referred to the City Attorney for proper procedure. STREET IMPRO'~XENTS~ The City Manager submitted written report together wit] draft of an Ordinance providing for the widening of the west side of Williamson Road, N. W., bet~'een Tenth Street and Huntington Boulevard, and requested that Council adopt the Ordinance'. Mr. Woody moved that Council concur in the request of the City Manager and offered the following emergency Ordirmnce: (#119S4) AN ORDINANCE providing for the widening of the %~st side of Wllllamson Road between 10th Street, N. W., and Huntington Boulevard, N. W.; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 49.) Er. Woody moved the adoption of the Ordinance. The notion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, %~ldrop, %'~ody, Young, and the President, Mm. ~ebber ............ 7. NAYS: None ................... O. SALE OF PROF~-~TY-2.fATER DEPARTmeNT: The City Manager submitted the follo~ing report in connection with the sale of four lots ovmed by the City of Roanoke located on the north side of Augusta Avenue in the Town of Vinton, designated as Lots 1S, 14, 15 and 16, Section 15, Glade Land Company Map: "Roanoke, Virginia November 2, 1953 To The City Council Roanoke, Virginia Members of Council: You directed that ~ remove and sell the Vlnton Standpipe and the four lots that the standpipe ~s located upon are of no further use to the City. I would suggest their sale by public auction after proper appraisal has been made to insure the recelpt of a fair value if and when Council decides to sell. Respectfully submitted, (Signed) Arthur S. O+~ens City Manager" After a discussion of the matter, the President, Mr. ~bber, and other members of Council stating that they can see no reason to dispose of the lots,the question of disposing of the lots ~ms tabled. BUDGET-MI~ICIPAL COb~T: The City Manager submitted ~ltten report advising that the Chief Municipal Judge of the Municipal Court has requested an additional appropriation of $328.00 for extra help in the Municipal Court. Mr. Hanes moved that Council concur in the request of the Chief Municipal Judge and offered the following emergency Ordinance: (~11985) AN ORDINANCE to amend and reordain Section ~24, #Hunicipal Court", of the 1953 Budget Ordinance, as a~ended, and providing for an emergency° (For ~ull text of Ordinance, see Ordinance Book No° 20, Page 50.) Hr° Hanes moved the adoption of the Ordinance. The motion ~s seconded by Mro ¥oody and adopted by the following votes AYES= Council members fiance, Minton, Pickett, ~oody, Young, and the President, Mr. %fehber ............. 6. NAYS= None ................ O. (Mr. %~ldrop not voting) CITY I~PLO17~F~ The City Attorney having previously teen requested to rend~ an opinion on the validity of Ordinance No. 10122, requiring city employees to be residents of the City of Roanoke, he sut~ltted the following opinion= "Novemter 2~ 195~ The l~onorahle Council of the City of Roanoke. Gentlemen= Recently you requested an opinion from me as to the validity of Ordinance No. 101~2~ ordained by the Council of the City of Roanoke on the 6th day of September, 1949. That ordinance reads as follows: ~BE IT ORDAINED by the Council of the City of Roanoke~ Virginia, that lc[al residents of the City of Roanoke be given preference for City employment, except in cases where it is otherwise provided by law, for all City positions, and that non-residents be employed only when the City Mama§er certifies to Council qualified personnel is not available from ~ong the residents of the City. BE IT FI~-E~ORDAIN~D that all persons employed by the City of Roanoke after the passage of this ordinance who are not le~al residents of the City be required, as a condition precedent to recelvlnE compensation from the City, to establish Bona fide residence within the corporate linlts of the City of Roanoke within ninety days after co~-~eneing their term of employment.~ The present charter of the City of Roanoke ~-as approved by the Genera[ Assembly of Virginia on March ?~ 1~52. Section ? of that charter deals with the ~Limitations of the po~ers of the council~, and the first sentence ~Neither the council, nor any of its members, shall dictate the appointment of any person to office Or employment by the city prevent him from exercising his o%~ judgment in the appoin~ent of officers or employees in the ad-~inistrative service.~ It becomes obvious, from a reading of the ordinance and of the section of the charter referred to, that the first paragraph of the ordinance~ in a manner, interferes %4th the City Manager and prevents him from exereislnf his o%~ )udgment in the appointment of officers or employees in the a~gtnIs trative service. ~ must~ therefore, conclude that the first paragraph of the ordtnanee~ being in contravention of the charter, is tnvalld. In my oplnfon~ the second paragraph of the ordinance does not contrav( the spirit of the aforementioned charter provision. That paragraph Is alm~i entirely at employees of the City after they have become employees. It in i; no way controls their employment. Coneededly Council~ ~y proper ordinance,!i may make reasonable and non-discriminatory rules and regulations appllcable to the officers and employees of the City. Cott~cil has frequently lawfull~ done this. For example, Council recently adopted Ordlnanee No. 11~27 whicb inter alta, required that ~the offices of the mlunicipal government shall he kept open, for the transaction of business with the public, between the hours of 8=00 o~clock~ a. m., and 5=00 o~clock, p. m., daily except Saturdays~ Sundays and legal holidays~. Prior to the passage of that ordinance the offices of the municipal goverr.ment ~ere required to te kept open for a half day on Saturdays. It is co..-r~on knowledge that~ prior to this amendment~ many competent people declined to work for the City tecaus¢ they could secure comparable positions, in local private lndustry~ that dj{ not require them to work on Saturdays. Nevertheless~ no one ~uld contend that the orIglnal ordinance prevented the City Manager from exercising his own Judgment in the appointment of officers or employees in the tlve service. Under the existing charter provision~ Cotu~cil in no man,er may with the City Manager in such appointr~ents but it may clearly impose reasonable and non-discriminatory re~lations that affect the officers and employees of the City upon and after employment. And such rules and regulations may, or rmy not~ Tmke it difficult for the City Manager to obtain competent administrative personnel. I~ therefore, conclude that second paragraph of the ordinance is valid. I am sure that each member of Council understands that if Councll is not satisfied %rlth the above quoted provision of the charter it may request the General Assembly of Virginia to amend it; or for that matter to amend any other section. The present City Reneger of the City of Roanoke has frequently stated publicly, and has authorized me to quote him in this opinion, that it has always been his policy where reasonably practicablez 1o To make promotions in a department from the existing personnel of that department; and 2. To appoint bona fide citizens of the municipality to vacancies in the administrative service. Respectfully, (Signed) Ran G. Whittle City Attorney" On motion of Mrs. Plckett~ seconded by ~M. Young and unanimously adopted, t} opinion was received and filed. Later during the meeting, the City Manager called to the attention of Council the many [ardships that vould result if employees are required to either cone into the city or quit their Jobs and pointed out that employees ~rklng at the Falling Creek reservoir, the Carvins Cove filter plant, the City Sanitori~ and the Municipal Airport must of necessity live outside the city limits, stating that abou! one half of the more than fifty employees living outside the city would be affected by the Ordinance. After a further discussion of the question, Er. Minton moved that the mattel be taken under consideration for one %~ek~ suggesting that in the meantime the City Manager not discharge any employees affected by tke Ordinance and that the salaries Of the employees he continued by the City Auditor. The motion %ns seconded by Mr. Young and unanimously adopted. REPORTS OF CO~IITTEES: None. UNFINISHED BUSINESS z STREET IMPROV~L~NTS: Council at its last meeting having taken under advise- ment ~he question of widening the north side of Salem Avenue, S. %~., between Street and First Street, on the basis of twenty-one feet or thirteen feet, the matter was again before the body. In a discussion of the matter, the City Attorney advised that the question of whether to widen Salem Avenue thirteen feet or twenty-one feet should be decided on now~ stating that at the present time there is in progress actio~ to obtain land located on the northwest corner of Jefferson Street and Salem Avenue necessary for the right-of-way in comnectton with the new viaduct and that the same action should include additional land for the proposed widening of Salem Avenue~ advising that if it is decided to widen the street twenty-one feet the city should be attempting to negotiate exchange of property on Norfolk Avenue for property on Salem Avenue. After a lengthy discussion of the proposed widening, Mr. Yfaldrop moved that the City Attorney be instructed to prepare an Ordinance calling for the widening of the north side of Salem Avenue, S. W.~ by thirteen feet, between Jefferson Street and First Street~ and that he also be instructed to prepare proper amendment to Ordinance No. 11882, authorizing condemnation proceedings, to include land for both the widening of Salem Avenue and for use as a rtght-of-%~y for the Jefferson Street Grade Elimination Viaduct. The motion %ns seconded by Mr. Young. After a discussion of the motion, }~. %:oody offered as a substitute motion that Salem Avenue, S. W., be widened twenty-one feet bet%~en Jefferson Street and First Street. The motion failed f~r lack of a second. ¥~ereupon, the original motion as offered by Mr. ¥'aldrop %ns adopted by the following vote: AYESt Council members Hanes, Pickett, Waldrop, Woody, Young, and the Preside Mr. Webber ............... NAYSz Mr. Minton ........ 1. Mr. Woody explained that he voted for the original motion because he feels that thirteen feet is necessar~ but that he thinks twenty-one feet would be better. ~r. Minton stated that he voted against the motion because he feels the wldenin§ of Salem Avenue is not essential at this time, that Council has informed t~ public that the viaduct is to be built and that it is his feeling this work should be pushed to completion tefore the city goes into a street widening program. Later during the meeting, Mr. Young moved that Council hold a public hearln at 2zOO o'clock, p. m., Monday, November ~0, 1953, on the question of establishing a setback llne on the north side of Salem Avenue, S. W., from Fifth Street to First Street, to provide for a 60-foot street in accordance with the reco~nendatlon as set out in Resolution Ho. 2 of the City Planning CoMmission and thelr revised Plan No. S961, and that the City Attorney be requested to prepare the proper legal notice for calling for the public hearing. The notion was seconded by Mr. Hanes an publication unanimously adopted. CONSIDERATION OF CLqIMS: None. INTRODUCTION AND CONSIDERATION OF ORDInaNCES AND RESOLUTIONS: AIRPORT: Ordinance No. 11978, authorizing the leasing of one room In the Cannaday House at the Roanoke Municipal Airport to the Piedmont Airlines to be used as a "crew rest"~ having previously been before Council for its first reading, read and laid over~ %~s again before the body, Mr. Waldrop offering the following for isecond readin~ and final adoption: (~11978) AI{ OP~INAKCE authorizing tke City Manager to lease Room No. 2 In the Canrmday House at the Roanoke Municipal Airport (¥:oodr=~ Field). (For full text of Ordinance, see Ordinance Book No. 20, Page 48.) Mr. ~.Ialdrop moved the adoption of the Ordinance. The motion %fas seconded by Mrs. Pickett and adopted by the following vote: A%~S: Council members Hanes, Mlnton~ Pickett~ ~aldrop, Woody] Young, and the President, Mr. ~cbber ........... 7. NAYS: None .................. O. SALE OF PROPERTY: Ordinance No. 11980, providing for the sale of a city o%rned lot described as Lot 10, Block 23, %lasena Map, to ~. A. L. Roberts, having lreviously been before Council for Its first reading, read and laid over, %~s again ~efore the body, ~-~. Youn~ offering the followln§ for its second reading and final adoption: (~11980) A}! ORDINANCE providing for the sale of Lot 10, Block ~3, %~sena }~p, by the City of Roanoke to Mr. A. L. Roberts, at a consideration of ~4~0.00 cas~ and authorizing the executAon and delivery of a deed therefor. (For full text of Ordinance, see Ordinance Book No. 20, Page }~. You/ag moved the adoption of the Ordinance. The motion was seconded by Mr. Minton and adopted by the following vote : AYES: Council ne~bers Hanes, Minton, Pickett, %~ldrop, Woody, young, and the President, Mr. %lebber ............. 7. NAYS: None ................ O. TAXICABS~ The City Attorney having ~een requested to prepare proper Resolution in connection with the grant~ng of three additional taxicab permits to Rro Co R. Sls$onj trading as Roanoke Cab Company, he presented same; whereupon, Mr. Minton offered the following emergency Resolutions (~11986) A RESOLUTION authorizing and directing the granting of a certiflc, of publlc convenience and necessity to Co Ro Sisson~ trading as Roanoke Cab for the operation of three additional taxicabs~ pursuant to the provisions of Chap 33 of the Code of the City of Roanoke~ as amended; and providing for an emergency. (For ~ull text of Resolution, see Ordinance Rook No. 20, Page ~Mo Minton moved the adoption of the Resolution. The motion %-as seconded by Mr. Woody and adopted by the following vobe~ AI~EI Council members Hanes~ Minton, Pickett, Waldrop, Woody~ Young~ and the President, Mr. Webber .......... 7. NAYS~ None ................. O. RESOLUTION OF APPRECIATION: The City Attorney having been requested to prepare proper Resolution expressing Council's tha~s and appreciation to all who voluntarily participated in the fighting of forest fires in the vicinity of the city, he sukmitted sm~e; whereupon, ~m. Waldrop offered the following Resolution: (~11987) A RESOLUTION expressing the thanks and appreciation of the Counct for the actions of certain school youths and of all other citizens, who voluntarll participated in successfully fighting the recent dangerous and costly forest fires in the vicinity of the City. (For full text of Resolution~ see Ordinance Hock No. RO~ Page H1.) Mr. Waldrop moved the adoption of the Resolution. The motion %~s seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Hanes, Minton~ Plckettj %faldrop~ ~oody, Young, and the President, Mr. Yfebber ........... 7. NAYS: None .................. O. TRAFFIC: The City Attorney having been requested to prepare proper measure prohibiting all parking at all hours on both sides of portions of Com~monwealth Avenue, N. E.~ Fourth Street, N. E., and ~lllianson Road, from %fells Avenue to U. S. Highway Route No. 460~ he presented s~e. In this conneotion~ a petition signed by business operators and owners of property along Commonwealth Avenue~ N. E., objecting to any change in parking on Commonwealth Avenue and Fourth Street, having previously been before Council and filed for consideration by the body at the time the Resolution prohibiting parking is presented~ the City Clerk again called attention to the petition and read same; · Jhereupon, Mr. %foody offered the following ezergency Resolution as prepared by the City Attorney: (#11988) A RESOLUTION directing the City ~nager, acting under the authorl' of Section 79 of the Traffic Code of the City of Roanoke~ for the public safety~ comfort and convenience and the better regulation of traffic within the City~ to designate that portion of Commonwealth Avenue~ N. E., from Wells Avenue~ N. E., to Rutherford Avenue, N. E.~ that portion of Fourth Street, N. E., from Rutherford Avenue~ N. E., to Raleigh Avenue~ N. E.~ and that portion of the ~illiamson Road from Raleigh Avenue~ N. E., to Orange Avenue~ N. E., as no parking areas at all hours~ and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 52.) ¸35 :36 Hro Woody moved the adoption of the Resolution. The motion~tas seconded by Mr. Youn§ and adopted by the following vote, Rt. Minton voting against the Resolutic because he feels a Just complaint has ~een filed! AYF~ Council members flames, Pickettt Waldrop, Woody, Young, and the Preside Mr. Webber ........................... 6o NAYS~ F~. Minton ............. 1o MOTIONS AND MISCELLANEOUS BUSINESS~ TRAFFICs Mr. Hanes called to the attention of the City Manager the traffic condition at the intersection of Brandon Avenue, Sherwood Avenue and Main Street, S. W., stating that although the streets are marked with lines and directional markings the people still do not know what to dot especially the pedestrians who have trouble in crossing at the intersection and asked the City Manager to have a further study made of the traffic regulations at this intersection. The City Manager advised that he ~uld look into the matter. GRADE CROSSINGS: Mr. Young, in commenting on the progress being node in acquiring land for use in the construction of the Jefferson Street Grade Crossing Elimination Viaduct, stated that he is disappointed in the progress being made in connection with properties which have to be acquired by conde=uation suits and movec that the City Manager make a report ~ Council at its next regular meeting, if possib of the status of each case and if suits are being delayed to report the cause and what is needed to speed up the filing of the suits. The motion ums seconded by Mr. Woody and unanimously adopted. There being no further business, Council adjourned. APPROVED ' ''' Clerk -- ~ nt COIN;CIL, RE6ULAR H~TING~ Monday, November 9~ 1953. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Huniclpal Bulldlng~ Monday, November 9~ 1953~ at 2zO0 o~clock~ p. the regular meeting hour~ with the President~ rM. Webber~ presiding. PRESENT: Council members Itanes~ Hlnton~ Pickett, Waldrop~ Woody, Young, and the President, Hr. Webber ............. 7. ABSENT: None .................. O. OFFICERS PRESENT: rM. Arthur S. Owens, City Manager~ Hr. Randolph G. E~lttlt City Attorney, and Mr. Rarry R. Yates~ City Auditor. The meeting ~s opened with a prayer by Dr. No~rd C. Bennett~ Pastor of First Baptist Church, Kilgore, Texas, and guest minister conducting revival service~ at Belmont Baptist Church. MIh~TES: Copy of the minutes of the regular meeting held on Monday, October 26, 1953~ having been furnished each member of Council, upon motion of Mr. Minton, seconded by Mr. Hanes and unanimously adopted~ the reading ~s dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: WAT~ DEPARTf~NT-HEALTH DEPAR~.~_C;T: Dr. Peter A. Wallenborn, Jr., represent. lng the Junior Chamber of Commerce, whose health and safety progrm~ he heads, appeal before Council, urging that the body give consideration to fluoridation of the Boano water supply and presenting the following facts in connection with the progrm~: "The fluoridation of public water supplies is now widely accepted as another method for reducing the prevalence of dental caries. Of all the preventive measures in use, fluoridation offers the greatest hope for preventing caries because of its easy application for large n~mbers of people and its relatively low cost. It is a public health measure of considerable importance. N~erous investigations have sho~m that people reared in areas where drinking ~ter contains approximately 1 part per million of fluorine have experienced only about one-third as much dental caries as those reared in areas where the umber supplies are fluorine-free. Evidence indicates also t~mt the benefits are retained throughout life. Controlled studies on fluoridation: Studies in many localities indicate that a similar degree of protection against dental caries is found in areas where the fluoride content has been adjusted to an optim~ level. Statistical data show a significant reduction of dental caries in children (as high as 65%) and there is also evidence to suggest some protection to the teeth of persons ~£no were young adults when fluori- dation was undertaken. Safety of fluoridation: Throughout their entire lives hundreds of thousands of people have been drinking water containing several times as much fluoride as is recommended for fluoridation. As far as can be determined, they have suffered no Ill effects except for dental fluorosis, a staining or mottling of the teeth, in a few of the individuals. At the condentrations reco=mend~ for fluoridating community ~ter supplies, there is no discoloration of the[ teeth. I Cost and en~ineerin~ aspects: The cost of fluoridation is small considerlng~ its benefits. The cost of equipment ranges from several hundred dollars fo~ a small to~ to $15,000 for a city of 2,500,000 persons. Annual operating~ costs vary from 4 to 14 cents per person --- the price of a candy bar. [ According to the American Water Works Association, the addition of fluoride~ to a municipal water supply is feasible from an engineering standpoint. Th~ mechanles of fluoridation are no more involved than those of %~ter purifica~ tion; moreover~ the machinery and equipment co~only used in ~ter plants is easily adapted. National and local health or~antzatlons favor fluoridation= The American Dental Association~ The American Medical Association and numerous other national health groups have passed resolutions favoring fluoridation. Recently~ The Roanoke Dental Society and the Roanoke Academy of Medicine passed resolutions urging the fluoridation of the Roanoke City Water supply. onY c~mities throughout the nation and elevenVlr~lnta localities h~ve co~mitbes in 43 statee and theDlstrict of Columbia were drinking with controlled a~oumts of fluoride added. 3t$?0~0~1 people in 1,152 co~unities 1n44 states were drinking ~ater with 0°7 to 2.0 parts per million of fluoride in drinking ~ater naturally, In Virginia the following to~ns and cities have fluoridated their public ~aber supply~ Blackstone~ Charlotbesvllle~ Fredericksburg~ Fries, Lynchburg, Hadison Heights, Norfolk~ Portsmouth~ Richmond, Williamsburg and Wlnchestero As Roanoke is a progressive comznmity and the largest city of Southwest Virginia, we should lead the ~y and fluoridate our city ~ter supply." Dr. Wallenborn also presented a Resolution from the Junior Chamber of Comm:erce strongly urging that appropriate action be taken by Council to provide for the fluoridation of the municipal ~ter supply. Appearing with Dr. Wallentorn were Dr. Allen Barker, representing the Roanok Academy of Medicine, who presented a Resolution favoring the fluoridation of the ctt ~ter supply, and Dr. ~ron E. Henderson, representing the Roanoke Dental Society, Incorporated, who submitted a Resolution requesting Council to give serious consider tion to this vitally important health measure. Also appearing in this connection, ~re Dr. Margaret M. Glendy, Health Chairman of the Central Council PTA, and ~s. Nelson S. Bond, President of the' Central Council PTA, Dr. Glendy advising that the PTA is in favor of the program and called attention to the great number of high school students who already need dentures. ~.~s. Bond advised that six PTA groups are represented at this meeting and that the presidents of all the groups have endorsed the plan, but that the program has not been taken up by the twenty-four individual units for study. Mr. George J. Penn, who ~as present at the meeting, stated that he feels the program is still in the experimental stage and that Council should give more study to the question, advising that the progr~ in some cities has proven objectio! able and requested Council to study this important matter further. In a discussion Of the matter, ~-~. Ranes advised that he is in favor of anything that will decrease tooth decay and raised the question as to whether or not fluoridation of %~ter will have any effect on adults, Dr. Wallenborn advising that it will only be beneficial to children but in later llfe the child so protected will he benefited. M~s. Pickett advised that she has followed this progr~ very carefully in other cities and is convinced that the city should have such a program, and moved that the matter be referred to the City Attorney for preparation of an 0rdinance to provide for the fluoridation of the Roanoke %~ter supply. The motion %gs seconded ]-~. Hanes. In a discussion of the notion, ~. %.loody suggested that the City ~nager b~ requested to ascertain the approximate cost for such a progr~ in Roanoke, advising that although he is in favor of the Ordinance he feels that Council shbuld know what the cost will be. The City Manager advised that it will take approximately two weeks to work up the estimated cost and then it will be indefinite as to when the equipment can be purchased, delivered and installed. ~. Young advised tP~t he does not believe it would cause any delay in the program if Council gave consideration to appropriations in the budget study because it will be near the end of the year before all information is available. After a ~urther discussion of the matter~ Hr. Young offered as a substitute motion that Councll endorse the program es presented, that the matter be referred ibudget study and that the City Manager be requested to make a study in the meantime lof the type of equipment needed and to advertise for bids on equipment and Installa- tion. The motion ~s seconded by I.M. ~ldrop and unanlmously adopted. SEWAGE DISPOSAL~ Hr. Clifton A. Woo~rum, Jr.~ Attorney~ representing the Loeb1 Dye Works, Incorporated, appeared before Councll and requested that an over- clmrge of $1,119.26, arising out of excess charges assessed and collected by the [of Roanoke Water Department for treatment and disposal of sewage during the months of July, 1952, to April, 1953, inclusive, be refunded, statlnz that he has taken th~ matter up with the Water Department, the City Manager and the City Attorney and that 'so far as he knows there Is no dispute as to the claim. After a discussion of the request, Hr. Ranes moved that the ,~tter be referx to the City Manager and the City Attorney for study, report and recommendation to i Council. The motion was seconded by Mr. Young and unanimously adopted. SIGNS: }M. Edward C. Moomaw, Secretary, Roanoke Merchants Association, appeared before Council and presented the following request with reference to erecting Chrlst.~as street decorations in do%mto%~ Roar, oket "November 9, 1953 To Members of City Council Roanoke, Virginia The Roanoke ~ierchants Association would like to add a completely new featur~ to Its do~town Christ.nas Street Decorations this year. As you may know, our usual decorations, to be repeated this year, consist chiefly of various colored neon-ill~ninated stars suspended from the white %~y posts, with the posts themselves trimmed with streamers of multi-colored lights and a natural white pine roping. For the new feature we solicit your permission to suspend a supporting cable or cables diagonally across C~uphell Avenue, from the building occupf, by the Hardy Shoe Store to the Colonial-American Bank Building. In this manner we would display Santa Claus, his sleigh and eight life-size reindeer taking off into the sky, all attractively ill~ninated. Permission to tie to the buildings mentioned has been secured. This display will weigh about SO0 pounds, and will be securely erected with all necessary safeguards by a fully competent local sign company. The Merchants Association has full insurance coverage on all its Christmas decorations and will do anything required by the City of Roanoke for its protection. Your approval will he sincerely appreciated. Very truly yours, (Signed) Edward C. Moomaw Ed%~rd C. Moomaw, Secretary'~ The City Manager called attention to the fact that the request conflicts with the city's sign ordinance and that under the Ordinance he cannot give permisslc for this display. lit. Moomaw advised that the Roanoke Merchants Association will carry adequat insurance against any possible accident and that they will see that the city is indemmifted if Council so desires. After a discussion of the matter, ~. Minton moved that Council concur tn ti request for per~ssion to erect the display and that the matter be referred to the iCity Attorney to prepare the proper Resolution granting the permission. The motion %ms seconded by Hr. ¥!aldrop and unanimously adopted. ¥~LFARE DEPARTME~NT: }~. J~nes Lee Ferris, along with ~1~. W. D. Dew, appeare~ before Council in connection with the Old Age Assistance grant Ym. Ferris is now !receiving, Mr. Dew advising that he is not satisfied with the ~y the State Board Welfare handled }~. Ferrls' claim and that the local Welfare Depar[ment has not proceeded as they should. After a lengthy discussion of the matter.by ~r. Dew, ftr. Banes moved that Br. Dew be requested to supply Council with a vrltten summary of facts in the Ferl case and that in the future such cases ~e in~riting from the applicants ~king th~ complaints. The motion failed for lack of a second. In a further discussion of the ~tter, Pr. Hanes advised Bro Dew that if feels the State Welfare Department is not proceeding properly he could talk to the local Legislative members, The City Attorney then entered into a discussion of the case and advised Mr. Dew that his complaint Is not with Council and that the Local Welfare Depart- ment is carrying out the instructions of the State Welfare Department. l~r. Woody moved that Council take no action on the rmtter. The motion-%~s seconded by }M. Young and unanimously adopted. Later during the meeting~ the City fMnagar presented the following letter from the Director of Public Welfare in connection with the case of ~. Ferrts: "November 5, ~M. Arthur S. Ovens City P~nager Municipal Building Roanoke, Virginia Dear Mr. Owens: The following is information re~arding the status of the James L. Ferris case: On 4-~-53 an Old Age Assistance grant of $~0.00 ~s approved. This includ~ needs of ~.Ms. Ferrls, as she was then ineligible for assistance in her o~m ns~e. On 6-12-5S the OAA grant was reduced to $5.00 and an APTD grant of $25.00 ums approved for ~-Ms. Ferrls. On 8-17-5S ~.M. Ferris' grant increased to $21.00 by instruction of the State Board of Welfare: 'State Board finds appellant (~-M. Ferris) eligible for Old Age Assistance grant of 821.00 and instructs local Board to take court action to secure support for the appellant from his son, E. C. Ferris. After decision of court, grant should b~ adjusted accordingly.' On 9-14-52 PM. Ferrls' grant ~as reduced to $18.50, as it was necessary for agency to reduce all Old Age Assistance grants to 90 per cent of need. Ro~ever, on 10-15-52, an adjustment ~s made and his grant ~s increased to $19.00. At the November Board meeting, 11-12-52, 2.M. Ferris' grant will be increased to $21.50, as agency will be again meeting OAA grants on 100 per cent of need. Camevorkers si~ned a petition in Juvenile and Domestic Relations Court on 10-S0-52 requesting proceedings to be instigated against ~-M. Ferris' son, u~ho lives in Baltimore. Total income in the Ferris household is as follows: $19.00, Old Age Assistance; $25.00, Social Security; $45.00, rental from property; and $25.00, Aid to the Permanently and Totally Disabled, making a total of $114.00 per month. Hoping that the above infor~ation is satisfactory, I m~ Hespectfully yours, (Signed) J. H. Fallwell J. H. Fallwell Director of Public %felFare" The co?munication ~s filed. PETITIONS AND CO~UNICATIONS: STREET LIGRTS: A communication from the Appalachian Electric Power Company setting forth locations of street lights installed during the month of October, 195: ~s before Council. The co~unication u~$ filed. JUVF~ILE DETENTION HO~: A resolutien from the Exchange Club of Roanoke, requesting the Council of the City of Roanoke to take immediate action to secure th~ proper educational and recreational guidance for the Juvenile Detention Home of the Juvenile Court, was before the body. On notion of }M. Waldrop, seconded by Mrs. Pickett and unanimously adopted, the co~unication %~s referred to the City ~anager for consideration along with his 'study of the matter. INVITATIONS: An invitation from ~M. Ernest L. Ll£ht, Chairman of the Christ~ Floats Committee, Roanoke Merchants Association, inviting the Mayor and Council members to participate in a special parade Tuesday, November 24, 195~, at o'clock, p. n., to officially welcome Santa Claus to the city, was before Council. The City Clerk was instructed to notify Mr. Light that five mem~ers of iCouncil will participate in the parade. WATER DEPARTMEh~: A petition bearing twenty-six signatures of individuals requesting per~lssion to use 25 H. P. motors and 14-foot or larger boats at Carvins Cove on Tuesdays, Saturdays and Sundays, was before Council. On notion of Mr. Minton,seconded by 2~. Waldrop and unanimously adopted, th~ petition ~s referred to the City ~.~nager for study, report and recommendation. REPORTS OF OFFICERS: GRADE CROSSINGS: The City Manager having been requested at the last regular meeting of Council to give a report on the status of condemnation suits, etc., in connection with obtaining necessary property needed for the Jefferson Street Grade Crossing Elimination Viaduct and Project, he submitted draft of an Ordinance as prepared by the City Attorney; whereupon, ~. Young offered the following Ordinance as an emergency measure: (#11989) AN ORDINANCE providing for the acquisition of the fee simple title . to certain real estate and temporary and perpetual easements for the use of certain other real estate for the construction of the Jefferson Street Grade Crossing Elimination Viaduct and Project; providing for the purchase price thereof; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 53.) ~.~. Young moved the adoption of the Ordinance. The motion ~s seconded by ~. Minton and adopted by the following vote: AYES: Council members Banes, Minton, Pickett, Waldrop, Woody, Young, and the President, 1~. Wegber .............. 7. NAYS: None ..................... O. STREET IMPROVE~.~NTS: The City 2~nager presented draft of Ordinance as prepared by the City Attorney providing for the acquisition of certain land donated by }~s. Ruth O. Moore, and others, for the widening of the west side of Williamson Hoad, N. W., between Tenth Street and Huntington Boulevard; whereupon, ~. Waldrop offered the following as an emergency measure: (#119-°0) AN ORDINANCE providing for the acquisition of certain land for the widening of the west side of Wllliamson Road; and providing for an emergency. (For full text of Ordinance, see Ordinance Hook No. 20, Page ~tr. Waldrop moved the adoption of the Ordinance. The motion ~ms seconded by Mr. Woody and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, $foody, Young, and the President, Mr. Webber ............... 7. NAYS: None ...................... O. GRADE CROSSINGS: The City ]~nager submitted the following report in connec- tion with the approval of the estimated cost of right-of-way for the Jefferson Street Grade Crossing Elimination Viaduct: ,42 "Roanoke, Virginia November 9, 1953 To The City Council Roanoke, Virginia Members of Council: I m~ attaching hereto two letters from the State Department of Highways and a copy of a letter from the Chief Engineer of the Norfolk and Western Railway Company, indicative of their approval of the estimated cost of right-of-~ay for the Viaduct. ! would suggest that you accept these letters and approve the estimated appraisal in order that the records may be cleared accordingly. Respectfully submitted, (Signed) Arthur S. Owens City l-Mnager" On motion of ~M. Young, seconded by I.M. Woody and unanimously adopted, Counc' concurred in the reco=mendation of the City Manager that the estimates be approved. COMPLAINTS-J[~ YARDS: Council having previously requested the City ~M~ger to confer with ~-M. Homer B. Shropshire, operator of an auto Junk yard on Hollins Road, to ascertain what he would do to~rd removing the Junk yard, he submitted the follo~,lng report: "Roanoke, Virginia November 9, 1953 To The City Council Roanoke, Virginia }~mbers of Council: In furtherance of your directive, I met with 1.M. Homer Shropshire and ~M. Caldwell Butler concerning the auto graveyard On Hollins Road. I found !M. S.hropshire most cooperative; and I have here the following letter which I believe conforms with the tacit agreement made by !.M. Sbropshire with Mr. Butler and me when we visited the property last week: 'November 2, 1953 !.M. Arthur S. Owens, City Mgr. Municipal Building Roanoke, Va. Dear ~. Owens: ~lsh to advise that ! will be happy to comply with your and 1.~. Butler's reco~mendation to move some of the cars from the front of Hollins Road property in question~ and use the back portion as much as possible for further operations. I trust that this meets with approval of all concerned. Sincerely yours, (Signed) IIomer Shropshire Homer Shropshlre' Respectfully submitted, (Signed) Arthur S. City Manager" In this connection, ~. M. Cald~'ell Bulter, Attorney, appeared before Counc~ along with Mr. A. L. Keaton and ~. G. E. Mullen, expressing their appreciation what Council has been able to do, !~. Butler requesting that the body continue its study of the matter and that some measure be adopted to regulate such Junk yards within the city limits. On motion of ~M. Young, eeconded by ~-M. Minton and unanimously adopted, the report and letter from !.M. ~nropshire were filed. · ZONING-SETBACK LI~'ES: Council having previously requested the City Manager t iascertain certain information in connection with preparing a nap showing all setback lines in the city, he submitted the following report: "Roanoke, Virginia November 9, 1953 To The City Councll Roanoke, Virginia Members of Council: You directed me to extend the cost and to study the possibility of City staff members making an adequate plan for setback lines for the future in order that a repetition of several incidents during the past year might be averted. To accomplish what Is wanted, accuracy must be the criteria in making estimates of the cost and progress; and our staff members are of the opinion that with their heavy load at the present tine, it u~uld be a ninimunof six months before the task %~uld be completed by our own organization. I have had }M. David Dick, our former Building Inspector, to rmke an estimate of what the cost would be if Council selected hln to do the work; and I believe he would be the best one in the City due to his experience. I am attaching hereto the following letter from him for your consideration: 'November 2, 1953 l.M. Arthur S. Owens, City Manager Municipal Building Roanoke, Virginia Dear ~M. Owens: In response to your request I wish to suk~it ny proposal and estimate of cost for making naps showing setback lines on the street: of the City of Roanoke, as established by city ordinances, and for showing the setback lines on the Roanoke City Appraisal ~faps. This k~rk to be done to the satisfaction of the City Engineer and yourself I propose to do this work at cost plus, at the following rate. %~ork done by myself - $ S.50 per hour %fork done by other draftsmen 2.00 " " Average rate to be no more than $2. 50 per hour There is to be added to all cost determined by above schedule 80% for overhead. The city is to furnish all tracing linen and blue prints t~t are necessary. Estlnate of cost at average rate of $2.80 per hour, plus 80%~ Getting information-Checking and copying ordinances 4 days - $120.I)0 Showing setback lines on Appraisal Sheets 12 days - S60.~O Drawing ~aps showing setback lines, approx. SO ah. 40 days - 1200.00 Estimated Total Cost $1680.00 I will agree to give the city the option of discontinuing this work upon reasonable notice. Payment to be made by the 10th of the following month for all work done during the month plus the 50% for overhead. Respectfully submitted, (Signed) David Dick' Since the budget is now in the hands of the printer~ it m~ght be worthy of your consideration to study this along with other budget cesta during your deliberations in December. Respectfnlly submitted, (Signed) Arthun S. Owens City l~nager" On motion of ~{r. Hanes, seconded by }-~. Waldrop and unanimously adopted~th~ matter %~s referred to the 1984 budget study. In this corknection, l~r. Young raised the question of using a city nap and outlining streets in red where setback lines have been established? stating that th~ cost ~uld be much smaller and moved that the City Manager look into the poes!blllt~ of using a large city map for the purpose of showing by red lines the locations of all setback lines. The motion %~$ seconded by 2~r. Woody and unanimously adopted. BUDGET-AIRPORT: The City ~anager presented a written communication from the Airport Manager asking that SfK)O.O0 be transferred from Fuel to Repairs under 43 "Airport" of the 19~3 budgetS whereupon: Hr. Yfaldrop offered the followir~ emergene) Ordinance: (~11991) AN OBDINANCE to amend and reordain Section ~87, "Airport", of the 1953 Budget Ordinance, and providing for an emergency. (For ~ull text of Ordirmnce, see Ordinance Book No. 20~ Page 59.) }{r. ~aldrop moved the adoption of the Ordinance. The motion %~s seconded by Hr. Hanes and adopted by the following votel AYESI Council nenbers Hanes, Minton ,Plckett, Waldrop, Woody~ Young, and th{ President, Hr. %!eb~er .............. 7. HAYS: Hone .................. O. BUDGET-P~ECtLEATION DEPA~T}~iT: The City }~nagsr presented a ~Tltten co~.-~unica- tlon from the Director of Parks and Recreation~ asking that $1~$00.00 be transferred from YMges under "Parks and Becreational Areas", to %!ages under "Hecreation Depart- ment"? of the 1953 Budget~ whereupon, ]~. YoRng offered the following emergency Ordinance: (~11992) AN ORDINANCE to amend and reordatn Section #110, "Recreation Depart- ment", and Section ~111, "Parks and Recreational Areas", of the 1953 Budget Ordinanc and providing for an emergency. (For full text of Ordinance,see Ordinance Book No. 20, Page 59.) ~r. Young moved the adoption of the Ordinance. The notion ,~as seconded by ~. %faldrop and adopted by tko following vote: AYES: Council members Hanes~ Minton. Pickett, Yfaldrop, %~ody, Young, and the President, 1-~. %robber ............... 7. NAYS: ~one ................... O. BLrDGE?-HEALTH DEPARTI.~_~;?: The City Manager presented the following report in connection ~lth a budget appropriation in the Fly and Mosquito Control account: "Roanoke, Virginia November ~, 1953 TO The City Council Roanoke, Virginia Members of Council: During the su~mer months %~hen there was a danger of polio, it necessary for us to employ an extra man to work from the Fly and Mosquito Control Account; therefore, it will be necessary to appropriate an additions $1,000.00 to %.Yages, Fly and Mosquito Control, to carry the account over until the end of the year. Respectfully submitted, (Signed) Arthur S. Owens City Manager" Hr. Minton moved that Council concur in the request of the City 1.~nager that $1,000.00 be appropriated and offered the following emergency Ordinance: (911993) AN ORDINANCE to amend and reordaln Section #98, "Fly and Mosquito Control", of the 1953 Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 60.) ~. Minton moved the adoption of the Ordinance. The motion %~s seconded by )~. %~aldrop and adopted by the follo~ing vote: AYES: Council members Hanes, ~Hnton, Pickett, %Yaldrop, %~'oody, Young, and the President, ~tr. ~ebber ............... 7. NAYS: None ................... O. BUDGET-STREET IMPROVEmeNTS: Council having referred to the City Manager for study, report and recommendation the request of citizens that McAfee Street and Winsloe Drive, N. F., be paved, he submitted the following report: ,! "Roanoke~ Virginia November 9, 1953 To The City Councl! Ro~uoke, Virginia Members of Councils You referred to me at our meeting on November 2~ 1953~ a request th2t consideration he given to relieving the dusty, inconvenient situation existing on HcAfee Street and Winsloe Drive. He believe, as a temporary expediency, that some small gravel and asphalt might be placed on the existing street at a cost o£ approximately $1~000.00o I would reco~'~end that this te accomplished. Respectfully submltbed~ (Signed) Arthur So Owens City Manager" In a discussion of the matter~ the City Manager advised Council that out of the $8,500.00 appropriated to pave Cove Road there is a ~alance of $S20.00 and recoxuended that this muounb be transferred and that $680.00 be appropriated in order to make the $1~000.00 available for the paving of McAfee Street and ~lnsloe Drive. }M. Hinton moved that Council concur in the request of the City I.Mnager and offered the following emergency Ordinance: (#11994) AN ORDINANCE to amend and reordain Section #el, "Street Repair", of the 1953 Budget Ordinance, and providing for an emergency. (For full text of Ordlnance~ see Ordinance Book No. 20, Page I.M. Nlnton ~ioved the adoption of the Ordinance. The motion was seconded ky IM. Young and adopted by the following vote: AYES: Council members Hanes, Hlnton~ Pickett, l.faldrop~ ~oody, Young~ and th~ President, I-M. ~.febber .............. NAYS: None ................. O. REPORTS: The City lMnager submitted ~ritten report from the Burrell Hospital for the month of September, 1952; also reports from the City Market~ Department of Buildlna and Pl~ubing Inspection, Department of Parks and Recreatlcn~ Electrical Department and the Purchasing Department for the month of October, 1953. The reports were flied. FIRE DEPART}~NT-POLICE DEPAR~.~-~;T: The City l~nager presented the follo~.~ing report in connection ~ith personnel changes in the Police Department and the Fire 'Departmenti "Roanoke ~ Virginia November 9, 1953 To The City Council Roanoke, Virginia Members of Council: I wish to report to you the following personnel changes: FIRE DEPAR~NT Donald David Boatwright employed as First Year Private, effective October 16, 195B. POLICE DEPARTmeNT William T. Crozier resigned, effective October el, 19~S. Respectfully submitted, (Signed) Arthur S. O~-ens City l-Mnager" The report ~ms filed. WATER DEPAR~EET~ Councll having previously referred to the City ~nager the question of what protection should be provided for the city's water systems, reserve dams, etc., against possible damage, he submitted the following communication from the Acting ~na§er of the Water Departmentt "November 5, 1953 TO~ Arthur S. Owens FROM~ G.H. Ruston SUBJECT~Protection of Water Works Properties The Water Department has three sources of supply, Crystal Springs, Falling Creek, and Carvins Cove, all of which have operating personnel on duty around the clock so that someone is on duty constantly at the plants. Crystal Springs, Eeing adjacent to the Pumping Station, is more or les: under constant surveillance. Falling Creek Supply consists of two earthen impounding dams. The dm~ at Falling Creek is near the Falling Creek Filter Plant and is well observed. Beaver D~ is over a mountain, but is visited regularly at least once weekly for general inspection. The Carvins Cove Dam is of concrete and located approximately one-half mile from the Carvins Cove Filter Plant. This dan is inspected weekly by Water Department employees and daily by the police officers assigned to patrol the Carvlns Cove Area. Ail three dmus were well engineered and constructed and have been in us for many years. They are all equipped with spflt~mys to handle flash floods' To put these dmus under around-the-clock observation would cost approximately $20,000.00 per year, and in the ~iter's opinion wouldn't be Justified. A survey of six of the larger cities in Virginia reveals that we, at present, are doing more than most of them are. Routine daily checks on the ~ter at approximate t~-hour intervals would detect foreign substances in the ~ter that might he placed there by saboteurs. The Water Department is and has kept up to date on the latest methods of atomic radiation detection methods, but as yet hasn't seen the Justification of expending large s~s of money for this type of tnztr~ments. It does look as if something adequate and economical will soon be on the r~rket, and it is the Department's intent to obtain such equipment. The Department has sent three men to the State Civil Defense School this year~ and the ~lter attended a similar school at the Federal Civil Defense Center at Olney, Maryland. I believe an impartial investigation would reveal Roanoke w~y ahead of ~ost cities in the coun~ryin this respect. ~e do have a long way to go yet. I would be most happy to conduct each or all of the Council membersm an inspection tour of the %~ater Department's properties at any time. (Signed) G. H. Ruston" ~. Minton moved that the report be accepted and filed. The ~otion seconded by ~s. Pickett and unanimously adopted. REPORTS OF CO~2.[ITTEE: STADI~.~-PARKS AND PLAYGROb~{DS-WATER DEPART~.~F~;T: Bids for the privilege of operating concessions at Carvlns Cove, Washington Park, Mill Mountain Zoo and Vlcto Stadi~u having been referred to a co~uittee for tabulation, report and reco~endati~ the committee submitted a tabulation of the bids received and the following report: "November 6, 195B To The City Cour, cil Roanoke, Virginia Members of Council: ~fe are handing you herewith tabulation of bids for operating concessions at Carvins Cove, ~shington Park, Mill Mountain Zoo and Victory Stadi~u. This tabulation shows that C. B. Clemmer is high bidder for operation of the Carvins Cove Concession; John L. God,in for Washington Park and Victory Stadi~u; and R. O. Root, Jr., for the Mill Mountain Zoo. After studying these bids we wish to recommend that the above mentioned bids be accepted and that you authorize the contract to be dra~ up for the operation of these various concessions. Yours very truly, (Signed) A. S. Owens (Signed) Harry R. Yates (Signed) R. B. Moss" ,! After a discussion of the report, Hr. Waldrop moved that Council defer awarding of contracts for the concessions ~ntll after blds are received for the Wasena Park and Rockledge Inn concessions. The notion ~s seconded by ].M. ]Mnes and unanimously adopted. LICENSE TAX CODE: The following co~unication from the City License Tax Code Committee, ~as before Council: "November 9, 1953 Council of the City of Roanoke Roanoke, Virginia Oentlemen: Your co~uitbee appointed to study, recodify, simplify and bring up to date the City License Tax Code has made considerable study of our code and is of the opinion tbmt the ~law substantive' therein embodied is, in the main, clear and understandable. It may well be that inequities exist as to some of the license tax imposed. Any effort to harmonize all such licenses, necessarily, would require prolonged and detailed study; because the Impact on the municipal finances must be actually deternined rather than merely estimated before any broad changes are approved. Your committee feels that there are minor changes that could and probably should be ~ade prior to any over-all equalization that may be subsequently directed. Your co=uittee, therefore, requests that Council neet with it as soon as possible and give us the benefit of your directives with regard to such nlnor changes. Respectfully (Signed) Ran G. %'.~ittle Ran G. k~ittle (Signed) Jo.hnny H. Jobmson Jo?aqny H. JoD~son (Si~ned) ttarry R. Yates HarrA R. Yates" Council concurred in the request of the co~nittee that a meeting with the body be held and set November 12, 1953, at 8:00 o'clock, p. m., in the office of the City Attorney, as the time for the meeting. Uh~FINIS}5~D BUSIneSS: CITY ~-[PLOYEBS: Council ~mvlng taken under advisement the matter of repealt! Ordinance No. 10122, which requires that all city employees reside within the corporate limits of the city, the matter %~s again before the body. After a discussion of the matter, ~. Hanes moved that Council repeal Ordinance No. 10122 and offered the following Ordinance as an emergency measure: (~11998) A3I ORDINANCE repealing an Ordinance adopted by the Council of the City of Roanoke, Virginia, on the ~th day of September, 1949, No. 10122, entitled, "An Ordinance requiring legal residents of the City to be given preference for City employment, except in cases where it is otherwise provided by law, for all City positions; that non-residents be employed only when the City~nager certifies qualified personnel is not available from local residents; and that all persons here- after employed who are not legal residents of the City be required to establish bon~ fide residence within the City within ninety days after commencing employment", and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 61.) ~. Hanes moved the adoption of the Ordinance. The motion %,~s seconded by ~. l,Ialdrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and th~ President, ~.~. Webber ................ 7. NAYS: None .................... O. CONSID~A?ION OF CLAIN.~I None. INTRODUCTION AND CONSIDERATION OF ORDINANCBSAND RESOLUTIONSI ZONING~ Ordinance No. 1198S, rezoning certain property designated as a porti of Official No. ~070316, owned by Hrs. Nancy E. Lukens Han~lton, from Oeneral Reside District to Business District, having previously been before Council for its first reading, read and laid over, was again before the body, Hr. Woody offering the following for its second reading and final adoption~ (#llgSS) AN ORDINanCE to anend 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. 20, Page 52.) ).M. Woody moved the adoption of the Ordinance. The motion ~s seconded by ~. Hanes and adopted by the following vote: AYES: Council members Ranes, Minton, Pickett, Waldrop, Woody, Young, and the President, Hr. Webber ......... 7. NAYS: None ................ O. ).~TIONS AND MISCELLAneOUS BUSII~SSI COUNCIL: Mr. Hanes called to the attention of Council that in order to expedite the handling of complaints he %.ould like to discuss the procedure in natte~ involving appeals from decisions of the Local %~elfare Departnent, Boards, Committees or Departnent heads and requested the City Clerk to place the rmtter on the agenda for the neeting of November 1~, 19S3. There being no further business, Council adjourned. APPROVED 'Clerk -~------ U President COb~;CIL~ REGULAR MEETING, Honday~ November 16t 1953. The Council of the City of Roanoke net in regular meeting in the Circuit Court Room in the Hurtle[pal Building, Monday, November 16, 195S, at 2~00 o~clock, p. m.~ the regular meeting hour, with the President, IAr. Webber, presiding. PRESENT: Council nemkers Hanes, Hlnton, Pickett, %~ldrop, Woody, Young, and the President, }M. Webber .............. 7. ABSENT: None ................... O. OFFICERS PRESENT: Hr. Arthur S. ~.'ens, City l.~rmger, }M. Randolph G. City Attorney, and ~w. IMrry R. Yates, City Auditor. The meeting ~s opened with a prayer by Captain Willimn P. Dick of the Salvation Army. MII~TES: Copy of the minutes of the regular meeting held on the Nonday, November 2, 195~, having been furnished each member of Council, upon motion of ~.M. Ranes, seconded by Mr. Young and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PL~LIC MATTERS: PARKS AND PLAYGROL~DS: Pursuant to notice of advertisement for bids for the ~rivllege of operating concessions at Rockledge Inn and Wasena Park, said bids to received by the Purchasing Agent until 2:00 o'clock, p. m.~ Monday, November 16, 195~, and to be opened before the Council of the City of Roanoke at that hour, the President, ~.M. Webber, asked if there ~ms anyone present who did not fully understa~ the advertisement., if there ~s anyone present who had been denied the privilege of bidding, or if there were any questions anyone %ould like to ask, and no one presort! raising any question, the President instructed the Clerk to proceed with the opening of the one bid received for the ~.~sena Park concession. The bid of ~.~. Paul L. Routt, offering $80.OO per ann~m for the Wasena Park concession, having been opened and publicly read before Council, the body ~s of th~ opinion that the concession should be awarded to ~. Routt, and action having ~previously been deferred on the bids received for the Washington Park, Nlll [~ountal~ Zoo, Carvins Cove and Victory Stadium concessions, ~.~. %faldrop moved that the bid o£ Mr. Routt be accepted on the ~sena Park, that Council concur in the reco~enda- ition of the co=uittee on the other concessions and that the City Attorney be requested ito prepare proper Resolutions providing for the awarding of contracts for all con- cessions. The motion was seconded by ~. Woody and unanimously adopted. S~'fERS: ~. T. L. Plu~kett, Jr., of the Law Fir~ of Strickler, Plunkett and Strickler, representing Mr. J. B. Harris and Mr. C. M. Davis, appeared before Counci5 and submitted the following proposal for permission to connect with the city's system: "November iS, 19~3 Council of the City of Roanoke Roanoke, Virginia Re: Sanitary sewer system in Br~mbleton Court Addition Gentlemen: Representing 2-~. J. B. Harris end C. M. Davis, the owners of a sixteen acre tract on Br~bleton Avenue near the ~st corporate limits of the City of Roanoke as sho~m on the map enclosed herewith, %~ wish to make formal application to the City of Roanoke for permission to install a sanitary' sewer system therein to be connected with the City's systems. The owners are willing to comply with the terms of Rule 36 of the Roanoke Water Department in order to secure the water if Council approves thio application, The property was a portion of a larger tract formerly o~ned by Miss Yost whot some years agot granted to the City o£ Roanoke an easement for its out-fall sever line, At that time, the property owner reserved certain rights in connection with the use of the sever line, These reseryations, however~ are not broad enough to accou~uodate the proposed system, We enclose herewith a preliminary ump of Bra~bletOn Court shoving in red the proposed water line and in black the proposed sewer line. The property o~ers are willing to install the s~e according to the specifications laid do~ by the City Water Department and the City Engineer and convey the fee simple title to the %~ter and sewer lines to the City of Roanoke in exchange for the right to connect with the existing City facilities. The property o~mers, of course~ understand that the charge for water will be the usual charge for services beyond the City limits~ and the sewer charge will be the sane as that paid by residents of the City. You will note from the enclosed plat that the City's out-fall sewer line extends along to the east of the boundary for approximately 4SO feet. The existing out-fall sewer llne is a twelve inch main and we are advised that it %ns installed with the expectation that it ~uld be able to carry the sewerage that could naturally drain into the same. The property is some 500 feet from the City limits, and our clients do not control the land lying between their property and tho City limits. They propose to extend a system according to the proposed lay-out as the area is built up. Messrs. Harris and Davis are in the construction business and will probably build on most of the lots the..nselves. It appears that the approval of this plan will enable the City to acquire ~lthout cost a valuable addition to its ~ter system and sewerage system which would increase the revenue realized therefrom. The City ~uld, also, be in a position to insist that the developnent of the %~ter and sewerage system comply with its requirements and thereby avoid some of the expenses and difficulty involved in any future annexation. Your serious consideration of this proposal is earnestly solicited. Very truly yours, Strickler, Plunkett & Strlckler (Signed) by T. L. Plunkett, Jr." On motion of Mr. Minton, seconded by I-M. Young and unanimously adopted~ the ~equest was referred to a committee composed of I,M. Arthur S. Owens, Chairman, · H. Heston, ~. C. E. Moore, ].M. Randolph G. ~'~ittle and ~M. Harry R. Yates, for tudy, report and recommendation to Council. ~TER DEPART~M.~T-HEALTH DEPART~.~NT: Council having tentatively approved a program for fluoridation of the city %~ter supply, Dr. Daniel Leavitt appeared the body in this connection, stating that he ~nts to go on record as not objecting to fluoridation as such, but that he is objecting to the method contemplated by the city and read excerpts from reports of leading authorities which he stated shows that there have been changes in gu-~ conditions after artificial fluoridation ~ns started, that there have been changes observed in elderly people after ingestion of fluorides and that if all the %nter supplies ~*ere fluoridated, there still would be one-third of the child popul~tion ~o ~uld not be affected in that they u~uld not get the proper amount, and insisted that some other means be found to provide for such protection for teeth, advising that a fluoride salt or treated toothpaste be used or the fluoridation of milk supplies for children and that in most cases dentist can apply the treatment to children's teeth. D~. Leavitt further stated that the constitutionality of applying fluoridation to %~ter supplies is being challenged in at least three states but he understands the Supreme Courts have not yet ruled on the matter. Also appearing in this conr. ection, %~s Mrs. F. B. Friend who raised the question of the practicability of fluoridating the entire water supply when only very small per cent of the supply is used for drinking purposes and suggested that the City provide fluoridated ~2ter in bottles for all those who ~nt it, further advising that medical authorities have spoken out against socialized medicine and declared that it seems to be socialistic to require every one to use the treated Dr. Allen Barker, President of the Roanoke Academy of Medicine, who ~s present at the meeting, advised that fluoridation amounts to nothing more than chlorination of ~mter, stating that it is not a treatment but only a preventative and advised Council that he wants to enter into the record statements he has received by telephon~ since the meeting started from the Metropolitan Life Insuranc~ Company, as follows: "T~ statements via telephone on November 16 regarding the fluoridation of City ~ber supplies: (1) A statement from the office of the Medical Director of the Metropolitan Life Insurance Company, New York, N. Y., that the Metropolitan Life Insurance Company advocates the fluoridation of City water supplies and are encouraging the project In every possible ~y. (2) Dr. George W. ~.,~eatly, third Vice-President of the Metropolitan Life Insurance Company, in charge of Public Health Department, states tha~ the fluoridation of City ~.~ber supplies is a desirable and constructive program. An extensive study has been made of mortality and morbidity statistics of those individuals (~.5 ~lllion) who have lived for years in the Mid ~st where fluorides occur naturally In the ~.~ber supply and no adverse effect was found on mortality rates and no effect on bones, kidneys (Signed) Allen Barker" Mr. Young asked Dr. J. E. John, Sr., who was present at the ~eeting, to give his opinion on the question as to percentage of reduction in dentsl decay ~?nere the experiments have been carried out, Dr. John advising that he has Just completed six years as a trustee of the American Dental Association and that it is his opinion that fluoridation is reducing the incidence of caries among children, stating that some authorities say they have been reduced as ~uch as ~0% or more hut that he ~ould say at least 20%. At this point, Dr. JoPnu A. ~artin, who ~s present at the meeting, advised that he represents the Junior Chamber of Commerce and would like for Council to hea: Dr. Donald D. Frederick of ~ashington, D. C., who is associated with the United States Health Service and who has been requested by the Junior Chamber of Co~uerce to be present for the meeting. ~ade concerning fluoridation, advising that only one effective method has been found for reducing incidence of caries among children, that being by the use of treated ~ter from birth, stating that damage to elderly people has been carefully studied and ~ortality rates have reflected no influence by fluorine use and adding that the x~ter supply is the best, most effective and cheapest ~eans of providing the protection. Also appearing in opposition to the use of fluoride in the ~mter supply ~ere 2.~s. C. R. Maynard and Mrs. Judith D. Henderson. The City Clerk called attention to and read co~uuntcations from ~. Malcol~ L. Worrell, ~. T. L. Thornberry, f~s. Ethel R. Schoor~aker and ~s. Jane D. Smith who either opposed fluoridation or asked that the ~atter be studied further before being put into effect; also the following co~uunication from ~. Charles E. Moore, member of the Fluoridation Committee: "November 12:1953 The Honorable }~yor Roy L. Webber, and Hembers of the Council of the City of Roanoke, Virginia The undersigned of your Fluoridation Committee ~s not present nor did he make a report to you at yOUr meeting on November 9, 1953. Being now informed that the other two members have unqualifiedly approved treating the City's water supply with a fluorlde~ now respectfully reports as follows~ Having carefully read about the development and spread of fluoridation throughout the country since 1948 and also about the opposition therabe~ he is definitely of the opinion that logical questions on the safety of long ingestion upon the aged and lr~lrm of an artificially treated fluoride ~ter still remain unanswered, and that any municipal government should make known to its people those umkno~ factors before embarking upon the treat- Respectfully submitted, (Signed) Charles E. Moore Cox~Ittee~an" Also present at the nearing were several other doctors and dentists along ~ith representatives of the Junior Chaaber of Commerce. After a further discussion of the hatter, }~. "anes suggested that the question be continued for one ~eek in order that other information may be co~plled. In a discussion of the suggestion, Council was of the opinion tha~ a public hearing should be held on the aotter; whereupon, ~. l.;aldrop moved that the body set a public hearing on the question for Thursday, Deceaber 10, 1953, at 7:20 o'clol p. n., to be held in the Council Roo~. The notion ~.~s seconded by }~. Woo~y and adopted by the following vote: AYES: Council me~bers Manes, }ilnton, Pickett, Waldrop, ~oody, Young, and the President, ~. }~bber .............. 7. NAYS: None ..................... O. l.~s. Pickett advised that her vote last ~eeka=ounted to endorsement of the progra~ and that she feels her vote would stand, on the b~sis of reliable ~edlcal reports and recommendations, but stated that she ~ould be glad to hear those are doubtful about the progr~ at a public hearing. I..~LFARE DEPART}~I~: ~. J~es Lee Ferrls and ]~. Andre~ J. Moore appeared before Council, along with ~. W. D. Dew, in connection ~tth Old Age Assistance grants, }W. Ferrls advising t~t as of this date his~on has not been brought into court by the Welfare Department as ~s promised and that he is in destitute cir- cm~stances, advising that Mr. Dew can more fully explain his needs. In this cor~.ection, Mr. Dew again wen~ into detail as to the needs o£ ~. Ferrls and 1.~. Moore and stated that he does not feel that the local Welfare Department is fully coaplylng with the state la~, ~.~. De~ asking ir there is any law or board available ~,here he can reach an objection for the ~el£are clients. The City Attorney advised that as he understands the la~ the actions of the State Welfare Board are final and that ~w. De~ is not properly before Council since the State Welfare Board has review, ed both cases. 1-~. Hones suggested to ~. De~ that he consult some legal authority as to proper procedure to be follo~d; ~hereupon, no action was taken on the matter. Later during the meeting, the City Attorney presented the following co~icatlon in connection with the case of Ifr. Andrew J. Moore: 'October 27, 1953 . Hr. J. Ho Fallwell Director of Public Welfare Roanoke, Virginia Re: .Andrew J. Moore Dear Mr. Fallwell: You may recall that Council, at its regular meeting of October 19th lash. at the request of Attorney Edwin M. Young, requested that I render it a written opinion regarding the correctness and sufficiency of the procedure followed in]ir. Moorels application for Old Age Assistance. Upon receiving this dlrective, I requested I~. Young to write ne a brief statement of the problem. In compliance with this request Mr. Young delivered to my office the enclosed letter about 2 o'clock yesterday. am informed that for the calendar month of September, 1953, the ~ds from which Old Age Assistance grants are made were contributed as follows: By the Federal Government ........... 77.82% By the Co=nonwealth ................. and By the City ......................... 8.31% These funds are distributed entirely pursuant to the laws of the Co.~.on- wealth and pursuant to those laws, the Department of Welfare and Institutio~ is authorized to promulgate rules and regulations. The statutes and the rules and regulations are supposed to be interpreted and followed in precls~ the smmemanner by all of the political subdivisions of the Commonwealth. It seems, therefore, to ne t~mt I ~uld be prestu~ptuous in glvlng Council an opinion in the premises and, that the requested opinion should come from the office of the Attorney General. I feel confident that Judge Almond will render such an opinlon at your request and, I ask that you make such a request of him. I have just talked over the telephone with Attorney Young and he tells me that the case against IL. Moore's son, ttmt ~s dismissed by the local Juvenile & Domestic Relations Court, ~s a criminal proceeding brought against him for the non-support of his father. If and when the Attorney General renders the requested opinion, w~on't you please make it available to the City Clerk in order that it nay be read to the Council. With %~rm personal regards, I ~m Very truly yours, (Signed) Ran G. Whittle City Attorney" Also in this connection, Hr. Frank E. Atkins appeared before Council, com- plaining that he is not satisfied with the medical treatment he is now receiving through the Welfare Department and requested additional funds in order that he can go to some doctor of his o~ choice. On motion of ~. ~foody, seconded by ~. Hanes and unanimously adopted, the request of ~. Atkins %~ms referred to the %~lfare Department for disposition. ALCOHOLIC BEVERAGES: }~s. W. G. Nelson, Jr., 1409- Third Street, S. before Council and requested that the body again go on record as opposing the issuance of an off-premise wine and beer license for the Dairy Fountain in Raleigh Court as it did approximately one year ago. In a discussion of the request, 2~. Hanes asked the City Attorney ~zhat authority Council has in the matter, the City Attorney advising that Council has the right, if it so desires, to ask that a license be either granted or denied, but stated that in his opinion it would be a serious mistake. The City Attorney further advised that before opposing the granting of a license, Coumcil should hold a public hearing but in so doing it would be getting in a field in which it has no authority, and pointed out that the Alcoholic Bevera Control Board, which is created by a legislative act, is empowered to hold public hearings and that in his opinion those opposing the granting of a license should appear before that board at the time they hold the hearings. ~ed Mr. Woody moved that in light of what has teen stated by the City Attorney, :ouncil take no action on the request. The motion was seconded by Mr. l~nes. In a discussion of the motion, Mr. Young wanted to know if Council's ~esolution of a year ago is not already on record as opposing the issuance of the License since the application is being made by the same person and at the same location, the City Attorney advising that for what it is worth it is still on record whereupon, the motion as offered by ~M. Woody ~s unanimously adopted. PETITIONS AND CO~.~%rNICATIONSz S~.~Sz A co..~unication from }'.r. John Prusak, asking that a sewer assessmen} in the amount of $73.~L3, with interest from October 1, 1953, standing against Lob 2, Block 4, Section 2, South %.:ashington Heights ~.~p, be released, and stating that he has been advised by his attorney that the assessment %-as erroneously assessed, before Council. On motion of Mr. Hinton, seconded by Hr. Young and unanimously adopted, the matter %~s referred to the City Attorney for investigation and report back to Counci CLAI~-I:ATEH DEPART~'~NT: A co..~uunicatlon from l.~rs. Lena H. Arnold, 420S Uyoning Avenue, N. W., requesting that she be paid $201.~0 for alleged da.~ages caused to her property in connection with the construction of a fence at the ::ashin ton Heights Elevated Tank Site, was before In this connection, ~trs. Arnold appeared before Council and stated that the darmge ~.'as caused by the destruction of two large brick colu_uns located at tko entrance to her property and the removal of a large tree ,,:hlch she states ~.~as on .her property and advised that it ~'111 cost her more than $175.00 to replace the t~:o On ~otion of Mr. Minton, seconded by ~grs. Pickett and unanimously adopted, the request %~s referred to the City ~'anager for study~ report and recor~-~endation to Council at its next regular meeting. COMPLAINTS-JU~K YARDS: A Resolution from the Rollins Road Civic League, reco.-u~ending that Council adopt an Ordinance for the control and location of automobile graveyards in the city, %rcs before the body. On notion of }~r. %;oody~ seconded by ~.Ir. ~.~lnton and unanimously adopted, tko Resolution %~s referred to the City Plaruning Co~ission in connection with their study of the matter. STREETS A~;D ALLEYS: The follo%~'lng co~rdnication from 1.Ir. Ralph Patrick, requesting that the City of Roanoke establish whether or not Nelms Lane is a public or private thoroughfare, %~as before Council: "Roanoke, Virginia November 9, 1953 To The City Council Roanoke, Virginia Members of Council: I have been attempting to develop an area to the north of the City adjacent to Ne]ms Lane; and up to the present time, due to a tecPmicality, I have not succeeded in getting the plat approved. I an very anxious to get a decision on this one %~y or the other; and I would appreciate your referring it to the Legal Department in order that it may be established whether or not Nel~s Lane is a public or a private thoroughfare. After this information has been secured, then the Planning Co~r~tssion will be in a position to .know to what extent they can approve the plat with reference to Nelms Lane and Woodbury Street. Very truly yours, (Signed) R. Patrick Ralph Patrick" Mr. Young moved that the request be referred to a committee composed of the City Manager, the City Attorney and the City Engineer, to investigate and report ba~ to Council at its next regular meeting. The motion ~s seconded byMr. Waldrop and unanimously adopted. WA~ DEPART~'~T~ A co~vmnication from ].~. E. E. Engleman, o~mer of the West~od Water System, giving facts with reference to the ~ter system and advising that he has offered to sell the system to the city for SAO,O00.O0 but will deduct $2,000.00 if allowed to retain t~ pumping plants, was before the body. On motion of ~w. Woody, seconded by ~.~. Young and unanimously adopted, the co~munication ~s referred to the co~mittee appointed to negotiate with o~ers of existing small ~ter distribution systems located in the City of Roanoke, for study report and recommendation to Council. SCHOOLS: A conmunlcation from the Southeast Civic League, advising Council of the cro~ed conditions existing at J~mlson School and Stone,nil Jackson Junior High School, was before the body. On motion of Mr. Minton, seconded by }~. Hanes and unanimously adopted, the communication k~s referred to the Roanoke City School Board for its information. REPORTS OF OFFICERS: SCHOOLS: The City Manager having been requested to study the question of providing space in school buildings, and especially future buildin~s, for use as community centers, he submitted ~Titten report together ~ith a com.~unication fram Dr. E. W. Rushton, Superintendent of Schools, who advised that in his opinion school buildings should provide for school and con~unity activities, stating that the school is an integral part of comuunity life and we should build school houses to provide wholesome living for children, youth, and adults. On motion of ~. !'!aldrop, seconded by ~. ~oody and unanimously adopted,the report and communication were filed. JUVENILE DETENTION HO~.~: Council having referred to the City Manager for study, report and reco~uendat~on, the request of the Junior Chamber of Co~uerce that a full time educational and program director be provided for at the Juvenile Detention Home, he submitted the following report: "Roanoke, Virginia November 16, 198S To The City Council Roanoke, Virginia Members of Council: In furtherance of your directive of November 2, 1983, File ~308, concerning the need for an Educational Director at the Juvenile Detention Home, I would like to make a report concerning this specific item; but in my judgment, we should go a step further. After a conference with school authorities and representatives of the Court, it appears that some type of 'improvement' should be provided in the Juvenile Detention Home program; but being a la~an, I can only look at it from an untratned view; and I do not believe this step is sufficient. However, my assignment only covered this portion of the program; and I reco=mend for your consideration a teacher at the Home but a specific reco~mendation that he or she be under the Jurisdiction and supervision of the Superintendent of Schools. Respectfully submitted, (Signed) Arthur S. Owens City }~nager" In this connection, the City Manager submitted communications from Judge K. A. Pate, Juvenile and Domestic Relations Justice, and ~. ~lliamE. l'feddington Chief Probation Officer, Juvenile and Domestic Relations Court; also t~ following letter from Dr. E. W. Rushton, Superintendent of Schools: "November 6~ 1953 Hr. Arthur S. Owens City ~anager City of Roanoke Virginia Dear bM, Owens: We have consid~red the desirability of a teacher for the Juvenile Detention Hone. In talking with Mr. E. R. Shober, our ~lrector of Personnel, ~m belier: the instructor should be one not only skilled in regular academic subject matter, but also one who is qualified to serve as a social ~rker with these children. The instructor ~uld need sufficient preparation, especially in psychology and sociology. We are desirous of cooperating with you and City Council in helping to provide this service. If you consider this to be a part of our 'educational progrm~, I should like to have the opportunity to reco=~end the person, ahd k~ve supervision of the w~rk done. Of course, I would expect to umrk in close cooperation with those in charge of the Juventl Detention Home. If you or City Council wish to discuss this matter more fully, please feel free to co~nand me. Sincerely yours, (Signed) E. 1~. Rushton E. W. Rushton Superintendent" In a discussion of the matter, the City Clerk called attention ~o an additlc !o~nunicatlon from the ~llliamson Road %~oman's Club endorsing the proposal Of the 'unlor Chm~ber of Commerce that an educational director be provided for. The co~ranicatton %.~s filed. After a ~urtker discussion of the matter along with the com.~anications, Nr. %~ldrop moved that the report of the City l.[anager be accepted and that he be requested to ask Dr. Rushton to seek the proper person as an instructor for the position who is trained not only in education but also in psychology. The notion ~as seconded by l~rs. Pickett and unanimously adopted. B%~3ET-AIRPORT: The City I.~nager submitted the following report in connecti, with hourly ~age rates paid at the Airport for labor: "Roanoke, Virginia November lO, 1953 To The City Co,ancll Roanoke, Virginia Hemhers of Council: In our budget, there is set up a separate %~ge rate for labor at the Airport; and I would appreciate your consideration of permitting me to raise the 97 cents per hour rate to $1.12 in order to make the mnount consistent with other helpers in the City. It is pretty difficult to refute the desire of a worker at the Airport who does satisfactory work to w~nt to transfer to another department of the City to do similar work and receive substantially more money for comparable production. Respectfully submitted, (Signed) Arthur S. Owens City lianager" On motion of I~. Waldrop, seconded hy Mr. Minton and unanimously adopted, the matter ~ms referred to 1954 budget study. B?OGE?-RECREATION DEPARTMFfiT: The City Ihnager submdtted the following report with regard to salary increases in the Department of Parks and Recreation in connection with the Military Leave Ordinance: "Roanoke, Virginia November 16, 1953 ml 'October 1SD 1953 TO: Arthur S. Owens, City ~nager FROM: R.P. llunter, Director, Department of Parks and Recreation It has been called to my attention that the 1952 Budget for the City of Roanoke carried Merit Increases in amounts from $300 - $500 fo= department heads. Also, Ih ave been informed that no provision made for such an increase for the Director, Department of Parks and Recreation because, at that time, the position ~s vacant as a result of "Military Leave." Rather than have the fund appropriated and not used, it is reported that a merit increase would be made upon the return of the Director from Military Service. If these opinions are correct, it is respectl~ully requested that the merit increase for the Director ~£ Parks and Recreation be granted retroactive to March 23, 1953, the date of resumption of duties. Ther~ are sufficient funds in the current salary account to cover such an Very truly yours, (Signed) R. P. Run,er Director' In the Military Leave Ordinance, it is presumed that persons a~my on military leave shall receive benefits in their position the same as If they Respectfully submitted, (Signed) Arthur S. O~:ens City ~nager" After a brief discussion of the matter, ~M. Young moved that the City Attorrey be requested to render an opinion on the question of providing for any merit increa~ that would have gone to the Director of Parks and Recreation while on military leave had he been on the Job, and that final decision of payment on any cmmulative paymen2s be deferred until after the opinion is received and budget studies are underway. T~ motion ~,~s seconded by ~. Minton and unanimously adopted. FIRE PROTECTION: Council having previously referred to the City Attorney foz proper procedure a report and letter froa the Chief of the Fire Departr. ent in connection ~ith evacuation of hospitals, etc., in cases of emergency, he submitted the following report: "DATE: November 12, 1953. TO: M.K. Moorman, City Clerk FHOH: Ran G. ~ittle, City Attorney At its meeting on November 2nd, City Council referred to me, on a procedural question, a report of the CityManager under the sm~e date relating to his establisb~uent of a progrmu for the evacuation of hospitals, etc., in cases of emergency. Attached to the City Manager's report ~.~s a report to the City Manager from the City's Fire Chief, ~.Titten under date of October 2~, 1955. City Counci! need take no action with reference to either report other than to receive the report of the City ~nager and order it filed. (Signed) Ran G. ~'Jhittle" The report ~ms filed. REPORTS OF CO~E~ITTEES: None. U~gFINIS~-D BUSI]~SS: None. CONSIDerATION OF C~AI¥~: None. INTRODL'CTION AND CONSIDERATION OF ORDINANCES AND P/LSOLUTIONS: None. MOTIONS A~ MISCELLA~.~OUS BUSIRISS: COUNCIL: CounciL%an Hanes brought to the attention of Council the question of procedure in the handlinc of matters involving appeals from the decisions of the local %~lfare Department, boards, cor.mittees, department heads, etc., stating that he would like to have the expression of Council members on the matter in that he feels there shou/d be some way to expedite Council's work. After a discussion of the r~atter by members of Council, Hr. Hanes suggested that no action be taken at this time but that he would like for the Council memEers to give further thought to the question. There being no further business, Council adjourned. APPROVED COUNCIL: REGULAR HE~TING, Honday, November 23, 1953. The Council of the City of Roanoke met in regular meetin~ in the Circuit Court Room in the Hunicipal Bullding~ Monday, November 23, 19~3, at 2:00 otclock, po m., the regular meeting hour, with the President, Hr. Webber, presidin~o PRESENT: Council members Hanes, Hlnton, Pickett, Waldrop, Woody, Young, and the President, Hr. Webber .............. 7. ABSENT: None .................... O. OFFICERS PRE~ENT: Hr. Arthur S. Owens, City Manager, Hr. Randolph 6. Whittle City Attorney, and Hr. Harry B. Yates, City Auditor. The meeting ~s opened with a prayer byRabbi Daniel Shlllman of the Temple ~mmanuel Congregation. MINUTES: Copy of the minutes of the special meeting held on Wednesday, October 2S, 1953, and the regular meeting held on Monday, November 9, 1953, having been furnished each member of Council, upon motion of Hr. Waldrop, seconded by Hr. Minton and unanSmously adopted, the reading was dispensed with and the minutes approved as recorded. At this point, the President, Hr. Webber, recognized and welcomed Mrs. Frances Hancock and other faculty members from the Wasem~ Elementary School, along with a group of fourth grade pupils who are studying the history and government of the City of Roanoke and who were present to observe the proceedings of Council. HEARING OF CITIZENS UPON PL~LIC HATTERS: SEWAGE DISPOSAL: Pursuant to Request for quotations to furnish and install approximately 2,300 feet of ?-foot Chain Link Fence with top rail and necessary gates at the Roanoke Sewage Treatment Plant, said quotations to be received by the Purchasing Agent until 2:00 o~clock, p. m., Monday, November 2S, 195~, and to be opened before the Council of the City of Roanoke at that hour, the President, Mr. Webber, asked if there was anyone present who did not fully understand the Request for quotations, if there was anyone present who had been denied the privilege of submitting a quotation, or if there were any questions anyone ~uld like to ask, an~ no one present raising any question, the President instructed the Clerk to proceed ~ith o the parting of the seven bids received for furnishing and installing the Chain Llnk~ The bids having been opened and publicly read before Council, Hr. Young offered the following Resolution: (#11996) A RESOLUTION referring bids for furnishing and installing approxi- mately 2,300.feet of 7-foot Chain Link Fence with top rail and necessary gates at the Roanoke Sewage Treatment Plant to a committee composed of Hr. Arthur S. Owens, City Hanager, Hr. Harry R. Yates, City Auditor, and Hr. John L. Wentworth, Director of Public Works, for tabulation and report to the Council of the City of Roanoke. (For full text of Resolution, see Ordinance Book No. 20, Page 61.) Hr. Young moved the adoption of the Resolution. The motion was seconded by Hr. Woody and adopted by the following vote: AYES: Council members Hanes, Hlnben, Pickett, Waldrop, Woody, Young, and the President, Hr. Webber ............. 7. NAYS: None .................... O. ZONINOt Notice of a public hearing on the question of rezoning from Oeneral lesidence District to Business District property located on the north side of Llbert ~oad, N. E., betveen Vllliamson Road and Edison Streets described as the southeast ~rtion of Lot 7e Block 1, Liberty Land Company Map~ Official No. 3100901e having ~en published in the Roanoke Vorld-Nevs pursuant to Article XI, Section 43e of Chapter 51 of the Code of the City of Roanokee setting the time of the hearing at. 2sO0 oeclocke p. m., Honday, November 23, 1953, the matter %ms before Council. In this connection~ the City Clerk read the recommendation of the City Planning Commission that the property should be rezoned and also presented a 'petitic bearing tventy-nine signatures of citizens living in the area objecting to the rezoning of the property on the tasis that the action rill not only decrease the value of their residential property but rill also create unsightly grounds by the operation of any business. Mr. L. E. Plnkard~ vhovas present at the meeting, objected to the rezoning on the same basis as outlined in the petition and advised that it rill create more traffic on Edison Street. Speaking on behalf of the rezoning~ %fas Mr. E. Griffith Dodson~ Jr., AttornE representing the holder of an Option on the land in question~ vhich he states is contingent upon the land being rezoned, Mr. Dodson displaying a draying and plans of the proposed building to be erected on the lot and advising that he does not fee] that traffic viii be increased on Edison Street in that the business use of the building rill be fron Willlamson Road and Liberty Road. Mr. Dodson then presented a petition bearing twenty-five signatures of citi: in the area,advising that after being informed of the type of business that is being considered to be placed on the property they do not object to the rezoning provided the purchasers assure that the land will be kept free of trash~ litter, etc. Mr. ~eorge M. Hilliken, Jr., owner of the property in question, appeared before Council and urged that his property be rezoned in accordance with his reques~ and in accordance with the recommendation of the City Planning Commission. Everyone present having been given an opportunity to be heard~ Hr. Young advised that he feels the property is best suited for business and moved that the request be granted and that the following Ordinance be placed upon its first readin The motion was seconded by Hr. Hanes and adopted by the following vote~ AYES~ Council members Ranes~ Minton, Pickett, Woody, Young~ and the Preside Mr. Webber .............................. 6. RA¥S~ None ...................... O. (Mr. Waldrop not voting) (~11997) AN ORDINANCE to amend and reenact Article I~ Section 1~ of Chapter 51 of the Code of the City of Roanoke, ¥irginia~ in relation to Zoning. I~EREAS~ appllcationhas been made to the Council of the City of Roanoke to have property located on 'the north side of Liberty Road~ N. E.~ between Williamsen Road and Edison Street, descrlbe~ as the southeast portion of Lot 7, Block 1, Liberl Land Company Hap~ Official No. 3100901, rezoned from 6eneral Residence District to Business District, and ~%~P~EAS, the City Planning Commission has recommended that the abuve proper~ be rezoned fro~ General Residence District to Business District as requested~ and %5-~.REAS~ notice required by Article XI~ Section 43, of Chapter 51 of the Code of the City of Roanoke~ ¥irginia~ relating to Zoning, has been published in "The Roanoke ~'orld-Eews", a newspaper published in the City of Roanoke~ for the ti~ required by said section, and · I~REAS, the hearir~ as provided for in said notice published in the said ne¥ipaper vas given on the 23rd day of November, 1953, at 2100 ofclock, p. before the Council of tho City of Roanoke in the Council Room in the Hunicipal Building, at vhich hearing evidence both for and against the rezoning vas sulxatttei and WHEREAS, this Council, after considering the evidence su~aittedt is of the opinion that the above property should be rezoned as requested. TRI~EFORE, BE IT ORDAINED by the Council of the City of Roanoke that Artic] I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoningt be amended and reenacted in the following particular and no other, vizl Property located on the north side of Liberty Road, N. B., betveen son Road and Edison Street, described as the southeast portion of Lot 7, Block 1, Liberty Land Company Hapf designated on Sheet 310 of the Zoning Pmp as Official No. 3100901t be, and is hereby changed frae General Residence District to Business District, and the Hap herein referred to shall be changed in this respect. The Ordinance having been read, vas laid over. AIRPORT: Hr. L. F. Fuller, representing Hr. R. D. Hagen, Vice President, Piedmont Airlines, appeared before Council and advised that there is now pending before the Civil Aeronautics Board the matter of the need for air transport servlc~ between Charleston, West Virginia, and Columbus, Ohio~ advising that both Pled~ont~ Airlines and Eastern Airlines have filed applications to render this service and that in the event either of the carriers is granted permission to furnish this service the City of Roanoke VOuld be greatly benefited by having direct air servlc~ to Columbus, Ohio, and requested that consideration be given for intervention in the proceedings for service without specifying either of the carriers. After a discussion of the matter, Hr. Woody offered the following Resoluti. (~11998) A P. ESOLUTION directing that steps be taken to provide air transpo~ service between the City of Roanoke, Virginia, and the city of Columbus, Ohio; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 63.) Hr. Woody moved the adoption of the Resolution. The motion was seconded by Hr. Waldrop and adopted by the following votel AYES: Council members Hanes, Hinton, Pickett, Waldrop~ Woody, and the President~ Hr. Webber ............. 6. NAYS: None ................ O. (Hr. Young not voting) WELFARE DEPARTM~NT~ Hr. Frank E. Atkins appeared before Council in connec- tion with the amount of relief money he is now receiving from the Welfare Departmer advising that he needs additional funds to provide for his necessities. It appearing that Hr. Atkins has been previously advised that the Welfare Department is now providing him the maximum allowed by the State Welfare Board, Hr. Woody moved that Council take no action on the matter. The motion was secondei by Hr. Hanes and unanimously adopted. PETITIONS AND CO~fl~UNICATIONS: BUDGET-COMPENSATION BOARD: A co~nmication from Hr. L. McCarthy Downs, Chairman, State Compensation Board, advising that the Compensation Board will meet on the 23rd day of November, 1953, beginning at 10:00 o'clock, a. m.! in the State Capitol, Senate Chamber, Richmond, Virginia, for the purpose of fixing the salary .62 and expenses of the Attorney for the Commonwealth, Commissioner of Hevenuej 5ergean, and Treasurer of the City of ROanoke for the year beginnin~ January 1~ 1954~ and ending December 31, 19~4, the meeting to be adjourned from day to day until its purpose shall have been accoapltShed~ yas before Council. On motion of Hr. Woody, seconded by Hr. Hanes and unanimously adopted, the City Clerk~as instructed to request additional time in vhich the City of Roanoke might sub.it to the.Compensation Board Joint recom~endations for the fixation of salaries and expenses in the offices for the calendar year 1954 since Council has not as yet started its 1954 budget study. pAFuKS AND PLAYGROUNDS~ A co~uunication fro~ the Wlldvood Civic League, requesting Council to be as generous as possible vith the a~ount allocated for improvements to the Taze~ell Horgan Park property in its study of the 1954 budget, vas before the body. On motion of Hr. Waldrop, seconded by Hr. Young and unanimously adopted, th co~unicationvas referred to 1954 budget study. ARHOBY~ The following com~tnication from the City Planning Commission vith reference to plans for the proposed Armory of the City of Roanoke, ~as before Counc~ "November 19, 1953, The Honorable R. L. Webber, ~ayor, and Hembers of City Council, Roanoke, ¥1r§lnia. Gentlemen~ Preliminary plans for, and a picture of, the proposed Armory for the City of Roanoke vere forvarded by ~r. Arthur S. O~ens, City ~an~ger, to the City Planning ¢o~iselon for consideration, vith the syggestion that, if the Commission approves the plans, they be for~arded to City Council ~lth appropriate recommendations. The Commission desired additiorml lnform~tion, and requested the architect to furnish plane shoving a vier of the Armory from the east~ sour and vest sides, vhich vere received, together vith detailed plane of the first floor. This is to advise City Council that the City Planning Co~lssion has studied these tvo sets of plans, attached hereto, and approves the location and the general outside appearance and design of the proposed Armory. Respeotfully sub~ltted, (Signed) George Dunglinson, Jr. Chair~an.e On motion of Fr. Young, seconded by Hr. k'aldrop and unanir~ously adopted, th~ City Clerk ~ras directed to notify Adjutant General S. Gardner Waller~ and Ballou and Justice, Architecte and En§ineers, Richmond, ¥1rginia, that the general design and outside appearance of the proposed National Guard Armory at ~aher Field has heel approved by the City Planning Commission. Tt~FFIC~ A com~urdcation from Hr. A. L. Hu~hson~ requesting that Council authorize the removal of the stone coltunns looated on 6randin Road and Windsor Avenue, S. W., in that they constitute a traffic hazard, ~ras before the body. On motion of Hr. Hinton, seconded by Hr. ~'aldrop and unanimously adopted, t~ matter ~as referred to the City Attorney for preparation of the proper measure authorizing the removal of the colunme and ~as placed on the agenda for the next regular meeting of Council. REPORTS OF OFFICERS~ BUllET-PARKS AND PLAYGROUNDS~ The City Hanager submitted vrltten report and a comication from the License Inspecto~ advising that on July 20, 1953, the License Department sold at public auction a mechanical horse to the highest bidder for $464°62 and that the horse ~s Bid in hy the city in order to protect the interests of the city for t~o yearsl licenses amounting to $464°62, the City requesting that Council concur in his actions in attempting to protect the cityls interest By purchasing the mechanical horset and advising that the Auditing De~rt- ment reports that $S03o20has been received from the o~eration of the horse from July 22, 1953, through September 7, 1953~ at the Chlldrens Zoo. In this connection, the City Auditor advised that from a bookkeeping stand~oint Council should appropriate $464°62 for payment of the horse; whereupon, ~ro Young moved that Council concur in the actions of the City Manager in bidding in the mechanical horse and offered the following Ordinance appropriating the (#11999) AN ORDINANCE to amend and reordain Section #143, "Departmental Equipment and Improvements", of the 1953 Budget Ordinance, and providing for an (For ~11 text of Ordinance, see Ordinance Book Ho. 20, Page 63.) Hr. Young moved the adoption of the Ordinance. The motion~raa seconded by Mr° ltanea and adopted by the following votes AYES~ Council members Hanes, Hlnton, Pickett, %~ldrop, Woody, Young, and the President, Mr. Webber ............. 7. NAYS~ Hone .................... O. SETBACK LINES~ Council having previously referred to 1964 budget study a proposal from Hr. D~vid Dick, former Building Inspector, that he would prepare a nap showing all setback lines in the city for official adoption by Ordinance at an estimated cost to the city of $1,6~0.00 and having referred to the City )~nager for study, report and reco~mendation the matter of using a city map and outlining stree~ in red where setback lines have been established, he submitted the following reporbfi "Roanoke, Virginia November 23, 19SS To The City Council Roanoke, Virginia Members of Council: In your ~'ile #51-614, dated November 9, 1963, you referred to me for further study my estimate concerning proposals for the orderly control of setback lines in the City. You referred my estimate to the Budget Study and asked me to make a further study. I believe, after the first of the year, our own staff can prepare a proposal for the City setback lines which would be both efficient Respectfully submitted, (Signed) Arthur S. Owens City Manager" The report was ordered filed for further consideration by Council at its 1954 budget study. WELFARE DEPARTMENT: The City Manager submitted the following report with reference to a deficit in the Hospitalization account of the 19S3 Budgets "Roanoke, Virginia November 20, 1953 To The City Council Roanoke, Virginia Members of Council: I am attaching hereto the following letter from Mr. J. H. Fallwell, Director of Public Welfare, which I would like to bring to your attention: ~3 .64 'Noven~er 16, 1953 ~r. Arthur 5. O~ens City ~anager ~unicipaI Bulldin~ Roanoke, Vlr~lnia I ~gain calll~ to y~r attention the fact t~t ye are ~i~ In t~ r~ vith o~ hospl~lization. As of Octo~r 31, o~ deflc~t ~o~ted to $7,~.~. ~e ~ve kept o~ hos~ltalization on an emergency ~sis t~ou~hout this entire year. The lncreased cost Is due a~ost entirely to hi,her rates which we are co~pell~ to ~espect~lly yours~ (Sign.) J. H. Fal~ell Director of ~blic Welfare* I ~ve previously advised you concer~ng this accost. ~espect~lly su~ltted, (Sl~n~) ~rthur S. ~ens City ~er~ In a discussion deferred pending receipt ~d conslderation of other departmental overdrafts t~t he ~nd the City Auditor ~lll cc~plle. On motion of ~. Wa[drop, ~ecended by ~s. Pickett and ~nimously adopted~ the re~rt ~2s received and the suggestion of the City ~ger that action be deferred ~s concurred in. C~VINS CO~: Council ~v~ng previously referred to the City Fm~ger for study~ report and reco~endation~ a petition requesting special permission to use 25 H. P. motors, 14-foot and larger ~ats at Carvins Cove on ~esdays~ Sat~days and S~days, he submitted the followinz report: "Ro~oke, Virginia Noven~r 23, 19~ To The City Roanoke, Virginia Mem~rs of Co~cll: On Novem~r 9, 195~, in your File ~468B, you referred to me a petition signed by approxi~tely twenty-five persons, requesting increases In the horse power for motors on the Carvins Cove lake. I ca~ot emp~size too strongly t~t this Is prl~rlly a public ~ter supply; and t~t ~st altsys ~ o~ first interest. The safety of the ~bl: driving ~ter far exceeds the use of the area for recreatio~l p~poses although I ~ cognizant of the value of recreation at the Cove. The lncreas of horse power will present subsequent problems ~ich ~y reflect ~ck growth In the ~ter caused by the oil slicks. ~ restrictions now limit the Cove to 7 1/2 horse power motors for fishing p~poses; and In my judgment, any increase should not be pernitted or justified. With the foregoing, I c~ot reco~end any increase in horse power. Respect~lly sub~tted~ (Signed) A~th~ S. ~e~ City }~ger" In this co~ection, ~. ~rt Galbra~th appeared ~fore Co,cA1 and stated t~t he conchs In the re~rt of the City ~nager at this time but t~t he feels eventually ~at o~ers should ~ given an opport~tty to give their views again, ~d t~t some consideration ~ given to per~tting the use of 10 H. P. m~tors on la: ~ats at the Cove. ~. Galbraith also called attention to the ~vior of some people at Carvi~ Cove~ stating t~t on several occasions he ~s enco~ter~ people who were driving On motion of ~r. ~nton, seconded by Mr. woody and unanimously adopted, the report of the City ~anager was concurred in. WATE~ DEPARTMENT: The City Manager su~tted the following report in connection with cff~ owned land: #Roanoke, Virginia November 23, 19~3 To The City Council Roanoke, Virginia Members of Council: from the I am attaching hereto the following letter from Mr. Charles E. Moore, Engineer in Charge of Construction, concerning land on which therewas formerly located the Grandin Court Booster Station: 'November 12, TOl Arthur S. Owens FROM: Chas. E. Moore In response to your letter of October 30th, transmitted herewith is a print of the former site of the Srandin Court Booster Station land. As previously advised, this stands on the books-at $575.06. I made inquiry of a realtor whom the City has frequently employed, but because of personal friendship prefers not to be n~med, who conffidentially expressed the opinion that the value of this land to the owner of the balance of the lot would be somewhere between $350.00 and $500.00. As to the recommendations on the four lots in Vlnton, it appears from a copy of a com~mmication from the City Clerk that the Council saw no need for disposing of this property. Since they have heretofore accepted the premise that land owned by the City and for which it had not use now or in the future should be sold, if for no other reason, to get it back on the tax rolls, I should think that the basic premise would apply in this case although actually located in the Town of ¥inton. Furthermore, the financial picture for the l~ediate future is such that property for ~lch it now has no use and no probable future use is best converted to cash. (Signed) CEM' I am bringing this to you for your information. If you desire to dispose of the land, it can be accomplished by public auction. Respectfully submitted, (Signed) Arthur s.Owens City Manager" The report and letter were filed. BUDGET-CITY SERGEANT: The City Manager submitted the following comnunicati. City Sergeant in connection with salary increases in his office: "November 20, 1953 Mr. Arthur S. Owens City Manager Roanoke, Vlrginta Dear Mr. Owens: On January 8, 1953, the Compensation Board of Virginia approved two (2) salary increases for this office, which increases are familiar to two of the City Council members, since they sat with the Board when these increases ~mre approved. Miss Virginia Gaines salary was increased from $2700.00 to $2~20.00, which makes the city's portion $40.00. Mr. W. R. Bell's salary was increased from $~S00.00 to $3600.00 and the city's portion of his salary is $100.00. I am requesting that you place this matter on your agenda for Council meeting on November 23, 1953, and urging you to ask approval of this appropriation, retroactive to January 1, 1953. Thanking you, I am Sincerely yours, (Signed) Edgar L. Winstead Edgar L. Wlnstead, Sergeant City of Roanoke, Virginia" On motion of Hr. Minton, seconded by Hr. Woody and unanimously adopted, request was referred to 1954 budget study. STREET LIGHT-~s Xhe City Manager presented the following report and request for additional street lights in accordance with a surYey by the Appalachian Electrl Pover Company ~ #Roanoke, Virginia November 23~ ?oThe City Council Roanoke, Virginia Members of Councll~ The Greyhound Bus Terminal is now located at the corner of Bullttt Avenue and First Street, So Eo The Merchants Parking Garage is operating its b~siness on the corner of Day Avenue and Jefferson Street, So W. I bring this to your attention because it means that these two areas are usec very much by the general publtc~ and many women and other citizens go back and forth to these points at night. I have had a survey made by the Appalachian Electric Power Company am recommend these light improvements which will cost approximately $300.00. Will you be kind enough to adopt your usual resolution for lights? I would also like to recommend the installation of two street lights on Truman Avenue, No Wo, between Wllliamson Road and the William Fleming High School, and one 6000 lumen light on Day Avenue between Jefferson Street and First Street, So ~o Respectfully submitted, (Signed) Arthur $. Ovens City Manager" After a discussion of the r~tter, Mr. Minton moved that Council concur in the request of the City Manager and offered the following Besolutiont (#12000) A HESOLUTION authorizing the installation Of street lights at various locations in the City of Eoanoke and the removal of certain existing stree' lights. (For full text of Resolution, see Ordinance Book No. 20, Page 63.) Mr. Minton moved the adoption of the Resolution. The motion ~as seconded by Mr. Waldrop and adopted by the following votei AYES~ Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............. 7. NAYS= None .................... O. PARKS AND PLAYGRO%~DS: The CityManager submitted the following report in connection with the aWarding of a contract for the operation of the Washington Parl "Roanoke, Virginia November 23, 1953 To The City Council Roanoke, Virginia Members of Council: Mr. John L. Godwin v-as the successful bidder for the concessions at Washington Park; and he has requested that he be allowed to transfer his bid and contract to Mr. Clarence Wallace who operated the concessions last year at Washington Park. I am attaching hereto properly notarized agreements from Mr. Wallace and Mr. Godwin, approving the transfer subject to your confirmation. I see no objection to the transfer and recommend it for your adoption. Respectfully submitted, (Signed) Arthur S. Owens City Manager" In a discussion of the matter, Mr. Young raised the question as to why Mr. Godwin does not want the concession after submitting a bid, stating that he feels Council would be letting itself in for trouble if it allowed bidders to transfer their rights to others. The President, H~o Webber: asked whether or not Councilwould policy of relieving bidders of their obligations If the transfer is permitted° The City ~anager advlsed that since there were no blds for operating the Eockledge Inn on ~lll Hotmtain, Hr° Godwin has Been seeking so~e plan whereby he could operate, the Inn and does not care to take the'Washington Park concession. The City Attorney advised Council that he feels Mr. Oodwinwould sign the contract if ~hey insist and that he could be required to do so. Later during the meeting: the City Attorney advised that he has previously been requested to prepare proper Ordinance awarding the concession to Hr. Oodwln but that he has not dune so since the question of transferring the rights was broug! up and that he will not be able to prepare the measure until after the City Manager i makes a further report on the matter° After a further discussion of the matter, Hr. Woody moved that Council tabl~ the request at this time and that the City Manager be instructed to find out if Mr. 6odwin will execute the contract. The motion was seconded by Hr. Hanes and iunanimously adopted. BUDGET-WELFARE DEPARTMENT: The City Manager presented a written request fro: the Director of Public Welfare, asking that Council appropriate $50.00 to take care of additional forms that are required by law for use in the Departmer~of Public Welfare. The City Manager advised that there is no money available that can be transferred from other Welfare Accounts for this purpose and recommended that the $50.00 be appropriated; whereupon, Hr. Waldrop offered the following emergency Ordinance appropriating the (#12001) AN ORDINANCE to amend and reordain Section ~52, "Public Assistance: of the 1953 Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see 0rdinance Book No. 20, Page 64.) Hr. Waldrop moved the adoption of the Ordinance. The motionwas seconded b~ Mr. Hanes and adopted by the following vote: AYES: Council members Hanes, Minton: Pickett, Waldrop, Woody, Young, and the P~esident, Mr. Webber .............. 7. NAYS~ None ..................... O. WATER DEPARTMENT-HEALTH DEPARTMENT: The City Manager having been requested to ascertain the estimated cost of fluoridation equipment, etc., in connection with the proposed flux~dation of the city's water supplies, he submitted written report together with a communication from the Acting Manager of the Water Department settl: forth a total capital outlay of $11,200.00 and a total annual cost of $7,970.00 for the project. On motion of Hr. Young, seconded by Hr. Hanes and unanimously adopted, the report was received and action deferred pending further information on fluoridatlonJ CLAIMS-WATER DEPARTMENT: The request of Mrs. Lena'H. Arnold asking that she be reimbursed by the City of Roanoke in the amount of $201.50 for alleged damages her property aea result of the erection of a fence at the Washington Heights Elevated Tank Site, having been referred to the City Manager for study, report and recom~endation, he submitted the following report: "Roanoke, Virginia November 23, 195~ To The City Council Roanoke, Virginia Members of Council: You referred to me in your File #25~68B a communication from Hrs. 67 ,68 of the erection of a fence at the Washington Heights elevated tank site, I have personally~ade between one half and a dozen visits to this site and a~ somewhat fa~tliar vlth the history concerning the acquisition of the land~ construction of the tank and fence, Although I a~ extremely sympathetic with Hrs. Arnold and appreciate her views, the City of Roanoke, nevertheless, has no obligation ~natsoeveP tovard this'paymentl and I do not recon~end the settlement of any da~agee. Respectfully Sulxaitted, (Signed) Arthur S, Ovens Clty Hanager# After a lengthy discussion of the report~ the City Hanager suggested that the City might offer to make a few plantings of shrubbery along the fence~ whereupo: Hr. Hanes moved that Council concur in the report of the City Har~gero The motion ~as seconded by Hr. Woody. In a discussion of the motion, Hr. Minton woe of the opinion that the matte: should be given further study and offered as a substitute motion that the City Manager ascertain if an agreement can be vorked out with Hrs. Arnold for planting o~ shrubbery, flouers, etc., by ~he city along her property line. The motion wos seconded by Hr. Young and unanimously adopted. BOARD OF HEALTH: The City Manager submitted written report listing the existing members of the Board of Health, the length of their terms and the expirati, dates. The report was filed. WATER DEPARTMENT~ The City Manager having been requested to obtain an opini, from Hr. L. R. Mowson of Alvord, Burdlck and Howson, Consulting Engineers, as to the advisability of cutting timber on the Falling Creek Water Shed and to also discuss the matter with}tr. R. P. Hunter, Director of Parks and Recreation, he submitted the following report together with reports from Hr. Howson and Hr. Hunterl "Roanoke, Virginia November 23, 1953 To The City Council Roanoke, Virginia Members of Council: You have received a copy of Mr. Howson's letter concerning the timber on the land adjacent to the Falling Creek and Beaver Dam reservoirs. It appears to me that this is something that should be discussed more thoroughly at a more appropriate time; and since our Water Department personnel are familiar with timber, I would suggest that you table any consideration of the matter until after the Water Department Budget has been completed and at that time question staff members as to their opinion concerning this suggestion. Respectfully submitted, (Signed) Arthur S. Owens City Manager" On motion of Mr. Young, seconded by Mr. Minton and unanimously adopted, the recommendation of the City Manager was concurred in. ALSMHOUSE~ The City Manager submitted written report from the Almshouse for the month of October, 1953, showing a total expense of $1,587.74, as compared with a total expense of $1,39~.67 for the month of October, 1952. The report was filed. REPORTS: The City Manager submitted ~Tltten reports from the Health Department and the Police Department for the month of October, 1953. The reports were filed. .! DEPART~NT OF PUBLIC WRLFAREt The City l&~nager sul~ltted written report covering the expenditures end activities of the Department of Public Welfare for th! month of July, 1953: in compliance with Sections S3-67.1 and S3-67o2, Code of Virginia° The report was filed. REPORTS OF COHHITTEESt STREETS AND ALLEYS~ Council having previously referred to a committee for study and report the request of Hr. Ralph Patrick that the city establish whether or not Nelms Lane is a public or private thoroughfaret the committee submitted the following report: "Roanoke, Virginia November 23, 1953 To The City Council Roanoke, Virginia Members of Counell~ A conference was held on Thursday, November 19, in the City Manager's office with reference to a letter, directed to the Council from Mr. Ralph Patrick. The committee met with Mr. Patrick and his attorney;and Mr. Patrick is to submit a new map to the Planning Commission for their consideration. Respectfully submitted, (Signed) Arthur S. Uwens (Signed) H. Cletus Broyles (Signed) Ran G. ~ittle" The report was filed. SEWAGE DISPOSAL: Council having previously referred to a committee for study, report and recom~endation the request of Loebl Dye Works, Incorporated, that~ they be refunded the amount of $1,119.26 arising out of excess charges assessed andf collected by the City of Roanoke Water Department for treating and disposal of sewage during the months of July, 1982, to April, 1953, inclusive, the committee submitted the following report: "Roanoke, Virginia November 23, 1953 To The City Council Roanoke, Virginia Members of Council: You referred to the below-signed committee a letter from the Lo~bl Dye Works concerning a claim in the amount of $1,119.26. The committee has met and is now securing information and facts on the claim; therefore, this is a progress report. Respectfully submitted, (Signed) Arthur S. Owens Ctty Manager (Signed) Ran S. Whittle City Attorney" In this connection, Hr. Clifton A. Woodrum, Jr., Attorney for the Loebl Dye Works, Incorporated, appeared before Council and stated that he would like to have i~ediate action~ the request one way or the other. The City Manager advised that a subsequent report will follow in approximat,.ly two weeks. Council being of the opinion that additional time is needed to study the matter, Hr. Young moved that the progress report be received and that Council concu: in the request of the co,~uittee for additional time in which to make its final report. Ihe motion was seconded by Mr. Minton and unanimously adopted. :¸70 UNFINISHED BUSI~55S CITY PROPERTYs Council having previously deferred action on the request of Hrs. Lester To Hutson for the renewal of her lease for the rental of space at 323 Second Street, 5o Wo, and storage rooms in the building at 203-205 Church Avenue, So Wo, at a total consideration of $100.00 per month, the matter was again ~efore the body. In a discussion off the matter, the City Hanager advised that he has no l~ediate plans for use off the property but that sooner or later he feels the ~roperty should be razed and possibly used as parking space~ whereupon, Hr. Hlnton ~oved that the following Ordinance be placed upon its first reading. The motion vas seconded by Hr. Hanes and adopted by the following votes AYESs Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Hr. Webber ............. 7. NAYS~ None .................... O. (#12002) AN ORDINANCE authorizing and directing the City Manager, for and on behalf of the City of Roanoke, to execute a lease between the City of Hoanoke, Virginia, and Mrs. Lester T. Nutson, trading as Hutson Cigar Company, for the rents of space presently occupied by the lessee in the building now designated as 323 Second Street~ 5. W., and the storage roou presently used by the lessee in the building now designated as 203-205 Church Avenue, S. W., at a total consideration o! $100.00 per month, for the period beginning January 1, 19S4, and ending December 31~ 1954, under terns and conditions contained therein. BE IT ORDAINED 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 the City of Roanoke, to execute a lease between the City of Roanoke, Virginia, and Mrs. Lester T. Hutson, trading as Rutson Cigar Company, for the rental of space presently occupied by the lessee in the building now designated as ~23 Second Street, S. W., and the storage room presently used by the lessee in the building now designated as 203-205 Church Avenue, S. W., at a total consideration of $100.00 per month, for th period beginning January 1, 1954, and ending December 31, 1954, under terms and conditions contained therein. The Ordinance having been read, ~s laid over. In this connection, it %~s brought to the attention of Council that the leases of Henry C. Giles and Henry L. Riley on adjoining city property will also expire as of December S1, 1953, the City l~mnager reconnending that the leases be renewed for the calendar year 1954 at the present rental fee. }M. Minton moved that Council concur in the recommendatic~ of the City Mama and that the following Ordinance renewing the lease of Nenry C. Giles, be placed upon its first reading. The notionwas seconded by Mr. tlanes and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............. 7. NAYS: None .................... O. (~12003) AN ORDINANCE authorizing and directing the City ~lanager, for and on behalf of the City of Roanoke, to execute a lease between the City of Roanoke, Virginia, and Henry C. Giles, for the rental of space presently occupied by the lessee in the building now designated as 321 Second Street, S. W., at a total consideration of $37.50 per month, for the period beginning January 1, 1954, and ending December 31, 1954, under terms and conditions contained therein. BE IT ORDAIBED by the Council of the City of Roanoke that the City Hanager be, and he is hereby authorized and directed, for and on behalf of the City of Roanoke, to execute a lease betveen the City of Roanoke, Virginiat and Henry C. Giles, for the rental of space presently occupied by the lessee in the building now designated as 321 Second Street, S. W., at a total consideration of $37.~0 per nontb, for the period beginnir~ January l, 1954, and ending Decenber 31, 1954, unde: ter~s and conditions contained therein. The Ordinance having teen read, ~ras laid over. Fr. Hinton then moved that the following Ordinance renewing the lease of Re~ ry L. Riley be placed upon its first reading. The motion ~ras seconded by)ir. Hence and adopted by the following vote: AYES: Council menkers tIanes, Minton, Pickett, %~ldrop, Woody, Young, and the President, Fr. Webber .............. 7. NAYS: None ..................... O. (#12004) AN ORDINANCE authorizing and directing the City l~anager, for and on behalf of the City of Roanoke, to execute a lease between the City of Roanoke, Virginia, and Henry L. Riley, for the rental of space presently occupied by the lessee in the building now designated as 20? Church Avenue, S. W., and the storage room presently used by the lessee in the building now designated as 203-205 Church Avenue, S. W., at a total consideratinn of $82.50 per month, for the period keginnir January 1, 1954, and ending December SI, 1954, under terms and conditions contained therein. BE IT ORDAINED 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 the City of Roanoke, to execute a lease between the City of Roanoke, Virginia, and Henry L. Riley, for the rental of space presently occupied by the lessee in the building now designate~ as 207 Church Avenue, S. W., and the storage room presently used by the lessee in the building now designated as 203-205 Church Avenue, S. W., at a total consideration of $82.50 per month, for the period beginning January 1, 1~54, and ending December Si, 1~54, under terms and conditions contained therein. The Ordinance having been read, ~s lald over. 'CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: SIGNS: The City Attorney having been requested to prepare a Resolution granting permission to the Roanoke Merchants Association to install a Christnas i Decoration over the int6rsection of Jefferson Street and Campbell Avenue, he ipresented same; whereupon, Mr. Minton offered the following Resolutlon: (~12008) A RESOLUTION authorizing the Roanoke Merchants Association to lnst~ £1 a Christmas Decoration over the intersection of Jefferson Street and Campbell Avenu~ (For full text of Resolution, see Ordinance Book No. 20, Page 65.) Fr. Minton moved the adoption of the Resolution. The motion w~s seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Fr. Webber ............. 7. NAYS: None ................... -0. WATER DEPARTMENT-PARKS AND PLAYGROUNDS: Council having previously accepted the proposal of Fr. C. B. Cle~mer as the best bid for operation of the Carvins Cove concession on the base bid of $600.00 and the City Attorney having been requested to prepare the proper Ordinance, he presented same; ~nereupon, Hr. Young offfered the £ollowir~ emergency Ordinancef (~lL~)06) AN ORDINANCE authorizing and directin~ the City Manager, for an~ on behalf of the City of Roanoke, to enter into a contract with C. Bo Clemmer grant~ certain concession rights and privileges to be exercised in the Carvins Cove areal and providing for an emergency, (For full text of Ordinance~ see Ordinance Book No. ~0, Page 65°) Hr. young moved the adoption of the Ordinance. The motionwas seconded by Hr. Nanes and adopted by the followin§ voter AYE$~ Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Hr. Webber .............. ?o NAYS~ None ..................... O. PARKS AND PLAYGROUNDS: Council having previously accepte~ the proposal of Hr. H. O. Root, Jr., as the best bid for the privilege of operating the concession at the Mill Mountain Zoo on the basis of 18% of all gross sales, and the City Attor: having been requested to prepare the proper Ordinance, he presented same; whereupon~ F~. Minton offered the following emergency Ordinance: (~1~007) Ak~ ORDINANCE authorizing and directing the City Manager~ for and on behalf of the City of Roanoke~ to enter into a contract ~lth R. O. Root, Jr., granting certain concession rights and privileges to be exercised at the Mill Mountain Children's Zoo; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 66.) Mr. Minton moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Hr. Webber ............. 7. NAYS: None .................... O. PARKS AND PLAYGRouNDs: Council having previously accepted the proposal of Mr. Paul L. Routt for the privilege of operating the %$asena Park concession on the basis of $50.00 annually, and the City Attorney having b~en requested to prepare the proper Ordinance, he presented same; whereupon, Hrs. Plcket~ offered the follow emergency Ordinance~ (#12008) AN ORDINANCE authorizing and directing the City Manager, for on behalf of the City of Roanoke, to enter into a contract with Paul L. Routt, grant certain concession rights and privileges to be exercise~ on the Softball areas at iWasena Park; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 67.) Hrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote, Mr. Waldrop voting against the measure, raising the question of the right of a city employee to bid on concession privileges: AYES: Council members Hanes, Minton, Pickett, Woody, Young, and the Preside~ Mr. Webber--2 ........................... 6. NAYS: Hr. Waldrop ................ 1. STADIUM-MAHER F~ELD~ Council having previously accepted the proposal of Hr. John L. Godwin as the best bid for the privilege of operating the Victory Stadium ng concession, on the basis of 18~ of all gross sales, and the City Attorney havir~ been requested to prepare the proper Ordinance, he presented easel ~hereupon, Hr. Ninton offered the following e~ergency measures (~1~009) AN ORDIN~CE authorlzir~ and directing the City Hanager, for and on behalf of the City of Roanoke, to enter into a contract vith John L. Gedvin~ grantlr~.certain concession rights and privileges to ~e exercised in the Eoanoke ~ttuicipal (Victory) Stadiu~ and Athletic Grounds In H~her Yteldl and providing for (For ~ull text of Ordinance, see Ordinance Book Noo ~0, l~ge 68°) Hr. Ninton moYed the adoption off the Ordinance. The motion ~as seconded by Hr. Hanes and adopted by the folloving votes AYESI Council members Hanes, Hlnton, Pickett, ~'aldrop~ ~oo~y, Young, and the ~resident, Hr. Webber ............... 7. NA¥Ss None ...................... O. HOTIONS AND NISCELL~NEOU$ BUSII~SSs None. ~here baln~ no ~urther ~usiness~ Council adjourned. ATTESTs ... , Clerk~ - - APPROVED 73 COUNCIL, REOULAR ~E~INO, Monday, November ~0, 19~, The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, Monday, November ~0, 19~, at 2100 o'clock, p. m., the regular meeting hour, with the President, Mr. Webber, presidipg. P~F~ENT{ Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Hr. Webber ................ 7. ABSENT{ None .................... O. OFFICERS PRESENT{ }tr. Randolph Go Whittle, City Attorney, and Mr. Harry R. Yates, City Auditor. The meet!n§ vas opened with a prayer by the Reverend John F. McMahon,.Pasto~ of Our Lady of Nazareth Church. NI~JTESI Copy of the minutes of the regular meeting held on Monday, November 16, 1953, having been furnished each member of Council, upon motion of Mr. Woody, seconded by Mr. Minton and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS{ SETBACK LINES: Notice of a public hearing on the question of establishing a setback line on the north side of Salem Avenue, S. W., bet%~en First Street and Fift Street, said setback line to be located 60 feet northerly from the present south lit of Salem Avenue, S. W., to provide for the widening of Salem Avenue, S. W., between said point to a 60.0 foot wide street, having been published in the Roanoke World- iNews pursuant to Article XI, Section 43, Chapter 51, Zoning, of the Code of the Cit) of Roanoke, setting the tine of the hearing at 2:00 o'clock, p. m., Monday, Novembex ~0, 1953, the matter vas before Council. In this connection, Mr. Richard T. Edwards, Attorney, representing owners of property located on the north side of Salem Avenue, S. W., between First Street and Second Street, appeared before Council and advised that moat of the o~ners are civic minded but that they van, to know when the city intends to actually widen the street stating that the owners had rather the city offer to purchase the land or to bring condemnation proceedings to acquire it. Also appearing in this connection, was Mw. Sidney F. Parham, Jr., Attorney representing the Consolidated and Trail~ys Bus Companies, who have property located in the 200 block of Salem Avenue, Mr. Parhm~ advising that he feels that in establishing a setback line Council should designate a time limit within which the city will actually acquire the land for use, stating that his clients are interested ln when the city intends to acquire the property for street widening purposes. Others appearing in this connection, ~re Mr. Robert Rector,representing McKesson and Robbins, Incorporated, Mr. Ira F. Walton. representing the Roanoke Oil Company~ Incorporated, and Mr. H. F. Stoke, Messrs. Walton and Stoke stating that they feel a time limit should be placed on the setback line~ that once a setback line is established it is a drawback and that sometimes there is a financial loss in disposing of property. In a discussion of the matter, Mr. Hanes questioned the City Attorney concerning establishing setback lines for a definite period of time, the City Attorr advising that he knows of no such limits contained in a~y of the ~any established setback line Ordinances ~hich have been adopted affecting other properties, but tha~ he is of the opinion it ia a policy~nich could be established by Council. Hr. Young advised that he appreciates the position of the property o~ners, but that he feels Salem Avenue must be widened to carry the traffic from the new viaduct, stating that he ~ould like to see the york started as soon as possible but that he does not feel the city can give a definite promise at this time. After a ~urther discussion of the matter,Hr. Hanes moved that the question be carried over for one week and that membera of Council give thought to setting a time limit for acquisition o£ the land for the widening of the street. The motion ~s seconded by Hr. Minton and unanimously adopted. CLAIHS-WATE~ DEPAETH~NT: Council having instructed the City Hanager to ascel rain if an agreement can be ~orked out with Hrs. Lena N. Arnold, 4~05 Wyoming Avenu~ N. W., for the planting of shrubbery, flowers, etco, by the city along her property line in connection with her claim of $201o~0 for alleged damages to her property as a result of the erection of a fence at tho Washington Heights Elevated Tank Site, Mrs. Arnold appeared before Council and again submitted her claim for $201.80. The Presldent, Mr. Webber, advised ~Ms. Arnold that her previous request is still pending before Council and that after the City Manager makes a further report the matter will again be discussed. WATE.q DEPARTMENT: Mr. Edward C. Porter, real estate broker,appeared before Council and advised that he has a contract for the purchase of city owned timber on the Falling Creek ~tershed for $T$,O00.OOwhich he ~uld like to submit. Mr. Porter was advised by the President, Mr. ~febber, that Council now has the question of selling the timber under advisement, and that since no decision has been reached the city is in no position to receive a bid for timber at this time but that at such time as the body may decide to have the timber cut bids will be called for. PETITIONS AND COMML~ICATIONS: None. REPORTS OF OFFICERS: GRADE CROSSINGS: The Acting City Manager subm/tted the following report iron the City Manager in connection with acquiring property needed for the Street Grade Crossing Elinination Project: taken. "Roanoke, Virginia November ~0, 1953 To The City Council Roanoke~ Virginia Members of Council: In attempting to secure property for the Viaduct, one of the owners would like to have presented to the City a proposal on which Council must make the decision. Mr. %~mittle and I believe this should be discussed in executive sessio: Respectfully submitted, (Signed) Arthur S. Owens City Manager" Later during the meeting an executive session was held and no official GRADE CROSSINGS: The A:t/ng City Manager submitted the following report from the City Manager in connection with acquiring property needed for the Jefferson Street Srade Crossing Elimination Project: "Roanoke, Virginia November ~0~ 1953 To The City Council Roanoke, ~/rginla He.hers of Co~neil~ I am attaching hereto the following letter from the City Attorney concerning property needed for the Viaduct which is described in our recordl as Parcel No. 17, owned by N. 'D. Maloufs *November 24, 1953 ~r. Arthur S. O~ens, City Manager, City of Roanoke, Reanoke, ¥1rginia BE~ VIADUCT - No Do ~louf property- Parcel No. 17 - Dear 51r$ Om this morning's mail I received a copy of a deed fro~ ~alter Scott, Attorney for N. Do Malouf; the orlgirml of which~ properly executed, ~ro ~louf proposes to deliver to the City in exchange for check to his order in the amount of $5,~66o00. The deed contains Seneral ~arranty and modern english covenants ~nd is apparently acceptable to the Clty~ except for the following ~ragraph, which is contained therein, viz.~ ~Should the grantee use the land herein conveyed for other than street purposes and bridge purposes, then an easement and right of ray is reserved across the same to Norfolk Avenue for ingress and egress to and from the remaining property of sufficient width, height and grade as to be suitable for trucks and pedestrians." You will recall that you, the City Engineer and I recently discussed this matter. Mr. Scott informs me that 14r. Malouf is ustng~ and proposes to continue to use, his remaining property, as disclosed on Plan No. 4000-6, revised September 11~ 1953, as a parking lot for trucks that he uses in his business. If Mr. Malouf would convey unto the City Parcel 17, (i.e. the northerly portion of Official Tax Lot No. 4010209) without such a reservation, the only egress and ingress to his remaining property ~ould be a 5.01 foot strip leading into it from Salem Avenue. Under date of October 25th I received from Mr. George D. Felix a voucher to be delivered Mr. galouf in exchange for a proper deed. l~r. Scott is naturally anxious to close this matter out and, in my Judgment, he ~uld be derelict in his duty to his client not to a sufficient easement to permit ingress and egress to his client's re~aining property. This matter should be promptly determined. I, therefore, suggest that you apprise Council of the situation at its next meeting and obtain a positive directive in the premises. It see~s clear to me that Council should do one of two things, viz.: 1. Provide ~M. ~.~alouf with the requisite ingress and egress to the residue of his lot; or 2. Attempt to purchase all of the lot. Very truly yours, (Signed) Ran ~. %~hlttle City Attorney* I would like to call your attention to the imperativeness Of removing any restrictions on any property that we purchase for the Viaduct due to unpredictable needs of the City in the future. ! feel we should follow No. 2 in Mr. %~hittle*s proposal. Very truly yours, (Signed) Arthur S. O~,ens City Manager" In a discussion of the matter, Mr. Young pointed out that t4r. has ingress and egress to the re.~ainlng property in that the Norfolk and Western Railway Company has sold to Mr. }~louf a parcel of land fronting on Salem Avenue which provides him with entry to his property, that Mr. Matouf has agreed to convey to the city the parcel of land in question needed for the viaduct for $5,465.00, that he feels there should be no easement reservations in the deed. After a further discussion of the m~tter, Mr. Young moved that Council refu: to accept the deed from Mr. Malouf containing easement reservations and that the matter be referred to the City Attorney to attempt to have this reservation removed therefrom. The motion was seconded by Mr. Hanes and unanimously adopted. WATEB DEPARTMENT: The Acting City Manager suhuitted the following report from the City Manager together with copies of letters from Mr. C. E. Moore, Enginee: in Charge of Construction of the Water Department, and Mr. C. W. Francis, Jr., in connection with the extension of a ~uter mnin along Peakvood Drive: "Roanoke, Virginia November ~0, 195,3 To The City Council Roanoke, Virginia Members of Council: Each member of Council has received a report from ~M. Moore, which was sent at my directive, concerning a request of C. W. Francis & Son for the extension of a water main along Peakwood Drive. The crux of the report can be s~nned up in the fact that the enactment of the Subdivision Ordinance left this subdivision in a nebulous state due to the time being inappropriate for the Ctty~o carry out its commitments; therefore, the delay was necessary. If the letters from }M. Moore and the accompanying letter from Mr. Francis is not clear to you, 1%~uld suggest that after the discussion of the Water Department's budget during budget study t~mt you have this explained more clearly by both Mr. Moore and ~ir. Ruston. This would permit you to make a decision on this controversial matter. Respectfully submitted, (Signed) Arthur S. Owens City ManaEer" On motion of }M. Hanes, seconded by Mr. Minton and unanimously adopted, concurred in the report of the City Manager that action be deferred until after study of the Water Department budget. ~fATER DEPARTMENT: The Acting City ].~nager submitted written request from th~ City Manager that draft of an Ordinance as prepared by the City Attorney be adopted in connection with releasing any rights that the city may have to a portion of Lot Section 1, Map of Clermont Heights; whereupon, }M. Young moved that the follo%4ng Ordinance be placed upon its first reading. The notion ~ms seconded by ~.M. Waldro' and adopted by the follo~ing vote: AYES: Council members Manes, Minton, Pickett, Wa!drop, Young, and the President, ~M. Webber ................. 6. NAYS: None .................... O. (~M. %~ody not voting) (#12010) AN ORDINANCE authorizing the execution of a deed of quitclaim and release as to a portion of Lob 9, Section 1, according to the Map of Clermont Helghl and as to a 10-foot wide right-of-~y extending along the ~estern boundary of said lot. %~REAS, by deed dated February 20, 1925, of record in the Clerk's Office of the Rustings Court of the City of Roanoke in Deed Book 4S9, page 298, Clermont Land Corporation conveyed to Roanoke %;ater Works ComFany in fee simple the followln described tract of land: BEGI5~ING at a point on the boundary line between Lots Nos. 9 and 10, Section 1~ Map of Clermont Heights, owned by the Clermont Land Company, prepared by E. S. Draper, Landscape Architect and City Planner, made on the loth day of October, 1922, 234.08 feet from the south side of Welling- ton Avenue, (now Jefferson Street); thence S. 48~ s6' E. 40 feet to a point; thehce'] S. 27: 42' ¥I. 40 feet to'a.point'on the boundary line' %ween Lot ~9, S~ctlon 1, and the Propertyof the Crystal Spring Land Cohpany; thence along ~aid boundary line, N.'48~ ~6' W. 40 feet t° a point; thence N..27:'42~ E. 40 feet to%he place of BEGINNING; beln~ the south- westerly portion of Lot 9, Section 1, according to theMap of Clermont Heights, dated October 10, 1922; cil Together with a right-Of-way l0 feet ~lde on the extreme ~est side of said Lot 9, Section l, Clermont Heights, extending from the parcel a~ovo described to Yellington Avenue~ the ~estern l~undary of the . rlght-of-~uy ~eing the division line ~etween Lots 9 a~d l0t Section l, Clermont Height$~ and tfH~AS, the eforesaid deed ~ms m~de upon, and contained, the following express conditionst n~ely, "~ut this conveyancer ~oth as to the lot conveyed in fee and as to the right-of-~ay, ia made on the ~ondition that should the party of the second ~rt per~nently remove the t~mk and other equipment, then said lot and right-of-~ay sh~ll revert to, and ~ecome the property of, the party of the flrst ipart, free of en~umbrances"t and WHEREAS, for some years thereafter the above-described lot, together with the said right-of-way, was used and occupied by Roanoke Water Works Company in the course of its operation of a public ~ter distribution system, and ~EREAS, subsequently all of the property of Roanoke ~ter Works Company, including the lot of land and the right-of-way above-described, were acquired by the City of Roanoke as a result of said City's condemnation of the entire property and ~ter distribution system of Roanoke Water Works Company, and ~.~FEREAS, after the use of the above-described lot and 10-foot wide right-oJ way for a n~mber of years, the City has now discontinued the maintenance of a water tank on said lot and has discontinued the use of the 10-foot wide right-of-~y leading from said lot along the ~stern boundary line of Lot 9, Section 1, Clermont Heights, to Jefferson Street, (formerly Wellington Avenue), and is willing to release, remise and quitclaim unto Clermont Land Corporation, its successors or assigns, any right, title or interest which the said City may have or claim to have in said lot and right-of-wayunder and by virtue of the deeds and condemnation iproceedings hereinabove mentioned, and %.]~SREAS, by reason of the provisions for a reverter contained in the aforesaid deed of February 20, 1925, from Clermont Land Corporation to Roanoke Water Works Company, and by reason of the events which have occurred and taken plsc subsequent to the date of said deed, the said City has, and can claim, no interest in the land and in the right-of-way hereinabove described. THFJlEFORE, BE IT ORDAINED by the Council of the City of Roanoke that the Mayor and the City Clerk be, and they are hereby, authorized and directed, for and on behalf of the City, to execute and deliver in the name of the City to Clermont Land Corporation or to its duly entitled successors or assigns a good and sufficien, deed of release and quitclaim to the 40 x 40 foot tract of land hereinabove descri~ together with the 10-foot wide right-of-way extending from sa~d lot to the south llne of Jefferson Street, (formerly Wellington Avenue), provided, however, such deed shall first be approved as to form by the City Attorney or the Assistant City Attorney and provided further that said deed shall contain a certificate, signed and acknowledged by the Engineer in Charge of Construction of the City of Roanoke Water Department, to the effect that said lot and said right-of-way are no longer used by or necessary to ~he purposes of the City of Roanoke Water Department and ss City's public water distribution system. The Ordinance having been read, was laid over. BUDGET-GARAGE: The Acting City Manager presented written request from the City Manager that $800.00 be transferred from the Tires account to the Supplies account under Section ~99, "Garage", of the 1953 Budget, as requested by the Superintendent of the City Garage; whereupon, Mm. Minton moved that Council concur in the request and offered the following Ordinance as an emergency measure: ,! (~12011) AN ORDINANCE to a~end and reordaln Section ~9, #Garage#, of the 1983 Budget Ordinancet and providing for an emergency; (For full text of Ordinance, see Ordinance Book No. ~0, Page Hr. Minton moved the adoption of the Ordinance. The motion ~ras seconded by Hr. Yaldrq~and adopted by the following votes AYESs Council members llanes, PLlnton, Pickett, Waldropt Woody,'Young~ and the President, Mr. Webber ................ 7. NAYSs None ....................... O. BUDOET-AIRI~)RTs The Acting City Manager presented written request from the City Manager together ~th the following communication from the Manager of the Airport requesting transfer of moniess "DATEs November 19, 1953 TO~ Arthur S. O~ns, City Manager F~OMs M. L. Harris, Airport Manager A recent cheek with the Auditing Department reveals that the Airport Budget accounts will require minor adjustments in order to finish out the calendar year of 1953 and prevent deficits. Considering this condition will you please have the following transfer made in the Airport Account #87. From }~el to Wages $500.00 From Fuel to Supplies 100.00 From Fuel to Water 400.00 From Electricity to Water 200.00 SIGNED: Harris" After a discussion of the matter, ~M. Woody moved that Council concur in the request and offered the following emergency Ordinance: (#12012) AN ORDINANCE to amend and reordain Section #87, "Airport", of the 1953 Budget Ordinance, as amended, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 72.) Mr. Woody moved the adoption of the Ordinance. The motion was seconded by Mm. Hanes and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, and Young--6. NAYS: The President, Mr. Webber ............... 1. BUDGET-BOARD OF ASSESSORS: The Acting City Manager presented written reques from the City Manager together with the following communication from Mr. David M. Etherldge in connection with budget appropriations: "November 27, 195S Hr. Arthur S. Owens City Manager Roanoke, Virginia Dear Sir: Messrs. Slusher, Carrington and I are very anxious to start work December 1, 1953, on the ~uadrenntal Assessment work. Below I give you estimate of the expense for the month of December Hr. Slusher 21 day~ at $40.00 a d~y $ 840.00 Mr. Carrington " 840.00 Mr. Etheridge " " " 840.00 Mrs. D. E. Barton month of December 200.00 Office supplies 50.00 Extra help if necessary 200.00 Total ~-~,970.00 Yours very truly, (Si~ned~ David M. Etheridge David M. Etherldge" 79 Hr. Young moved that Council concur in the request off the Clty Hanager and offered the following emergency Ordinance appropriating the $~:970,00: (~12013) AN ORDINANCE to amend and reordaln Section ~6: "Board of Real Estate Assessors"~ of the 1953 Budget Ordinance~ and pro¥1ding for an emergency. (For full text of Ordinance, see Ordinance Book NOo 20~ Page Hr. Young moved the adoption of the Ordinance. The motion ~as seconded by Hr. Woody and adopted by the followin~ vote: AYES: Council members Hanes~ Mlnton~ Plckettt Waldropt Woody~ Young~ and the President, Hr. ~ebber ............... 7. NAYS: None ...................... O, BUDGET-FIRE DEPARTMENT: The Acting City F~nager presented ~rritten request that $100.00 be appropriated to the Supplies account under Section ~62, "Fire Department", of the 1953 Budget, advising that the Supplies account is overdra~ an( ;100,00 is needed to finish out the year 1953. After a discussion of the matber~ Hr. Minton moved that Council concur in ;he request of the Acting City Hanager and offered the following emergency Ordinanc~ (~12014) AN ORDINANCE to amend and reordain Section ~62, "Fire Department", of the 195~ Budget Ordinance~ as amendedt and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. ~0~ Page 73.) Mr. M~nton moved the adoption of the Ordinance. The motion %fas seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Hanes~ Minton, Pickett~ Waldrop~ Woody and Young--6. NAYS: The Pres~dentt M~. Webber .................. 1. BUDGET-AIRPORT: The AttUnE City Manager presented %5'ltten request asking that $15~000.00 be appropriated for Federal Airport Project No. After a discussion of the matter, Hr. Minton moved that Council defer action on the request and that the City Fmnager be instructed to furnish Council the actual figures submitted on the b~d for the project along with ~nformation on whether or not the Civil Aeronautics Adm~nistration has sl~ned the amended aEreement and it has approved the contract. The motion was seconded by M~. Hanes and unanimously adopted. AIRPORT: The Acting City Manager submitted %Tltten report from the Roanoke Municipal Airport for the month of October, 1953. The report %fas filed. DEPART~NT OF PL~LIC %~LFARE: The Actin§ City Manager submitted %a'ltten report covering the expenditu~es and activities of the Department of Public Welfare during the month of September~ 19~3, in compliance with Sections6S-67.1 and 6S-67.~ Code of Virginia. The report ~-as filed. BUDGET: The Acting City Manager submitted written report from the City Hana together with draft of the proposed budget for the calendar year 1954. It %ms decided that an all-day budget study would be held on Wednesday, December 9~ 1953, beginning at 9:00 o'clock, a. m. BUDGET-~.~LFARE DEPARTMENT: The City Attorney submitted the following communication in connection with the intent of Ordinance No. 11965, adopted October 19, 1983, appropriating funds to Section #S2~ "Public Assistances": #Eovember 23, 1953 ~0 ~ COU~C~ OF THE CITY OF ROA~OKEt On the 19th of October~ 19~3, Council passed Ordinance No. 11965 appropriating sufficient money to *Public Assistance Account No. 52.' to enable recipients o£ Old Age Assistance and Aid to Dependent Children to continue to receive, durin§ the months of November and December of this year~ grants in the sa~e a~ounts that they b~d received during the first ten months of this calendar year. This Ordinance ~as passed by a four to three vote and was not made an emergency measure. These particular relief warrants are mlled in advance. Therefore, only the months of November and December are involved. Not being an emergency measure the ordinance becm~e effective on the 20th day Of Novembe: 1953. The November warrants having, therefore, been mailed out prior to the effective date of the ordinance were, necessarily~ in reduced amounts. The December wa~rants will be issued after the effective date of the ordinance and, accordingly, will be in the sm~e amounts as were the grants for the first ten months of the I am asked for a legal opinion as to whether the Auditor*s office may lawfully issue warrants, after the effective date of the ordinance, that ~uld equalize the November allotments. This question should be resolved according to the intention of the Council. If any person interested will read the minutes of the Council as carried under *~elfare Department* for October 5th, 12th and 19th, they will be compelled to conclude that in passing Ordinance No. 11965, increas- ing Old Age Assistance and Aid to Dependent Children, it was Council's intention that the recipients of such benefits should receive the same monthly mmounts for the calendar year. The minority of Council, voting on the ordinance, expressed themselves as thinking the question of the increase should be deferred to the budget study. The majority expressed the belief that the matter should receive immediate attention. For example= *Fws. Pickett expressed the fact that these people need help now.~ ~Mr. Minton expressed the fact that old people and children are not able to help themselves and that he feels these categories should be given consideration now.* *Hr. Hanes stated that perhaps all categories should be gone into and studied but that the Old Age Assistance, Aid to Dependent Children and General ~elief categories are now before Council and should be considered.~ (See Council Minutes of October 19th~ 1953) Further, the Director of Public %!elfare, Hr. Fallwe11, was requested to, and in fact did~ report in writing. A part of his report reads as follows: ~In accordance with yo'Jr request of October 5th, ! mm enclosing Exhibit A and Exhibit B sho~ing the m~ounts of money and the City*s share of each amount that would be necessary to restore our assistance grants in three categories to 100~ need. Exhibit A indicates the amount for the months of November and December of 1953~ and the City*s percentaFe of these amounts.* (See Council Minutes October 12, 1953.) These extracts from your minutes, and other remarks therein contained, clearly disclose that it was your intention that the money appropriated by Ordinance No. 11965was to be expended during this budget year. I, therefol conclude that the Auditor may lawi'ully, and should at his first convenience issue warrants, dra~n against the funds appropriated by Ordinance No. 11965 equalizing the November Grants with those for the other eleven months of the year. Hespectfully submitted, (Signed) Ban G. %~ittle City Attorney" On motion of Hrs. Pickett, seconded by Hr. Young and unantmo-~sly adopted, t] communication was filed. BUDGET-HECHEATION DEPARTMENT: The City Attorney having previously been requested to give an opinion in connection with the Military Leave Ordinance as it applies to any salary increases for the Director of Parks and Hecreation, he submit. the followin~, "November 23, 1953 TO THE COUNCIL OF THE CITY OF ROANOKE~ A memorandum to me from the City Clerk, under date of November 16th, 1953, reads as follows~ 'You were requested to give an opinion on the request of the Director of Parks and Recreation for salary Increases in connectionwith the Hllitary Leave Ordinances in order that Council may have the information in time for budget study,' The only information I have, in the premises~ is a co~l~tl~n ~rom the Director of the Department of Parks and Recreation to the City ~an ger, dated October 13, 1953, and reading as followst 'It has been calledto ~y attention that the 1952 Budget flor the City off Roanoke carried Merit Increases in amounts from for department heads, Aleos I have been informed that no provisi was made for such an increase for the Director, Department of Par and Recreation, becauses at that time, the position was vacant as a result of "Military Leave.# Rather than have the fund appropri and not used, it is reported that a merit increase would be made upon the return of the Director from Military Service. 'If these opinions are correct, it is respectfully requested t~hat the merit increase for the Director of Parks and Recreation granted retroactive to March 23, 1953, the date of resumption of duties. There are sufficient funds in the current salary account to cover such an increase. Very truly yours, R. Po Hunter, Director.' I am confident that no lawyer could render a legal opinion on these limited facts and the request of the Director does not make such an opinion necessa~ The Auditor's office informs me that Mr. Hunter w~s recalled to active service on December 1, 1950, and returned to his duties with the City on March 23rd, 1953. I am informed that during his absence merit increases in varying amounts were granted to some, but not to all, department~ads. ~-~ increases ~een granted to all department heads in the same amount, or on the' same salary percentage basis, unquestionably Council would be obligated to make the same increase to Mr. Hunter retroactive to March 23, 19S3, the date of his return to his duties with the City. Since, however, Council dd not ' provide merit increases in the same amount, or on the same salary percentag~ basis, to all department heads (and provided no increase for other departmer heads) it cannot be said, at this time, what ~'~crease, if any, it would haw then provided for this department head. It seems to me only equitable, therefore, that Council review the problem in the retrospect, weigh all considerations and treat this particular department head on the same basis that Council presently feels it would have treated him had he been in the service of the City, and not on Military Leave, when the several merit increases were made in 1952. Should Council conclude, at this time, that had Mr. Hunter been In the service of the City, and not on Military Leave, when these several salary raises were made that he would have then been a%~rded a merit increase in a definite mnount, then, and in such event, the spirit of both the law and our ordinance undoubtedly contemplates that such increase should be retroactive to March 23, 1953. Respectfully sukmitted, (Signed) Ran G. ~hlttle City Attorney" On motion of ~M. Minton, seconded by Mr. Hanes and unanimously adopted, the matter %~s referred to 1954 budget study for consideratten. REPORTS OF COMMITTEES: S~JAGE DISPOSAL: Bids received for furnishing and installing approxinatety 2,~00 feet of 7-foot Chain Link Fence at the Roanoke Sewage Treatment Plant, having been referred to a committee for tabulation, study and report, the committee submit! a tabulation of the bids together with the following report: "November 25, 1953 To the City Council Roanoke, Virginia Members of Council: We are handing you herewith tabulation of bids received for furnishing and erecting Chain Link Fence at the Sewage Treatment Plant. '£his tabulatt¢ shT~s the Cyclone Fence Company of Richmond, Virginia, to be the low bidder.' Yours truly, (Signed) A. S. Owens A. S. O~NS (Signed) Harry R. Yates H. R. YATES (Signed) Jno. L. Wentworth J. L. ¥~NTWORTH" ~ted · H~e'o Plckett moved that thebid of the Cyclone Fence Company, Richmond, Virginia, I~ accepted and offered%he following Resolution as'an emergency neasure~ (~12015) A RESOLUTION accepting the proposal of the Cyclone Fence A~erican Steel and Wire Division, United States Steel Company, Richmond, Virginia, for furnishing and installing approximately 20300 feet of 7-foot Chain lank Fence with top rail ~nd necessary gates at the Roanoke Sewage Treatment Plant, at a total sum of $5,~67o00; authorlzinc and directing the Purchasing Agent to purchase the fence in accordance with said proposal; and providing for an emergency. (For full text of Hesolution, see Ordinance Book No. 20, Page ?3°) Hrso Pickett moved the adoption of the Resolution. The motion ~as seconded by ~M. Hinton and adopted by the following vote: AYES~ Council members Banes, Minton, Pickett, Waldrop0 Woody, Young, and the President, Mr. Webber ............... 7. NAYS: None ...................... O. In this connection, it was brought out that ~unds should be made available J this %~rk; whereupon, Mr. Minton offered the following emergency Ordinance approprl~ ing $50S67.00: (~ltOiS) AN ORDINANCE to ~u~end and reordain an Ordintnce adopted by tke Council of the City of Roanoke, Virginia, on the ~lst day of December, 195Z, No. 11677, entitled, "An Ordinance r~akin§ appropr~atlons from the Se~ge Treatment Fund for the City of Roanoke for the fiscal year begfr~lng January 1, 19530 and ending December Sl, 19SS, and declaring the existence of an emergency", as amended by Ordinance No. 11920, adopted on September 8, 195S, and providing for an emergency. (For full text of Ordlnance, see Ordlnanse'Book No. 20, Page 74.) ~. ~[inton moved the adoption of the Ordinance. The notion %~s seconded by Mr. I{anes and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. %-febber ............. 7. NAYS: None .................... O. WATER DEPAR~.~NT: Council having referred a co~unication from Nr. E. E. Engleman~ offering to sell to the City of Roanoke the ~'est%~od %later System, to its co~r~ittee heretofore appointed to negotiate with o~mers of existing small %~ter distribution systems located in the city, for study, report and recommendation, the committee submitted the following report: "Roanoke, Virginia November SO, 1953 To The City Council Roanoke, Virginia Members of Council: You referred to yotrYfater Committee a letter from Mr. E. E. Engleman, offering to sell the Westwood Water System to the City for $40,000.00, less $20000.00 if he ts allo%~d to retain two pumping plants. In your File ~468B, from the meeting of November 16, 1953, you asked that we study the matter and bring you a report and recommendation. The committee had correspondence and has met with }M. Engleman concerning the pttrchase of his system; and we feel we have offered Mr. Engleman the maximum for his system. Our figures are considerably lower than ~. Engleman's request for $40,000.00. Since the City does not need }~. Engleman's system and since %? cannot reach an agreement, it is~ therefore, our recommendation that no action be taken on his request other than to advise him of the City's readiness, through its Committee, to meet and negotiate with him at any time he desire Respectfully submitted, (Signed) Arthur S. Owens (Signed) Harry H. Yates (Signed) Ran G. Whittle" or 85 84 On motion of Mr. Hlnton, seconded by Mr. Young and unanimously adopted, the report and recommendation of the committee'were concurred in. SE~ERS~ Council having referred to a committee for study, report and recommE dation a proposal from Strickler, Plunkett and Strickler, Attorneys, representing Mr. Jo B. Harris and Mr. Co Mo Davis, owners of a tract of land adjacent to Bramblei Avenue, So W., requesting authority to connect to both the city sewer system and th~ %~ter system, the committee sub~tted the following reportl "Roanoke, Virginia November ~0, 19f~3 . To The City Council Roanoke, Virginia Members of Council: On November 16, 1953, in your File [27-46SB, you referred to the below- signed committee a letter from STRICKLER, PLL.WCKETT & STRICKLER, unde~ dale of November 13, with reference to the sanitary system in Brmubleton uour Addition. ~his is a tract of land, formerly known as the Yost property, which is approximately 500 feet to the south of the City Limits, adjacent to Branbleton Avenue; and they are requesting authority to attach to both our City sewer system and our ~ter system. Under existing ordinances, there is no conflict concerning ~ter as a subdivider may qualify under Rule S6. We have no authority to permit the attaching of se%~r systems outside the City to our present system in the City. Attention is called to the fact that in this case an exception could be granted because the entire subdivision could be attached to our main thai meanders north from this property to the Roanoke River. Areas such as this were planned and provided for in the Se~ge Disposal Interceptor Lines and Bond Issue. We recom~uend that this be granted under several conditions: 1. The subdivider comply fully with Rule S6 of the Water Department. 2. Requisite authority be secured for the laying of both ~ter and sewer mains in the subdivision by the subdivider or his agent. 3. The entire work be subject to the approval of the Director of Public Works. 4. The entire system be deeded to the City of Roanoke. 5. The charges for both v~ter and sewers in this subdivision be what ti City Council prescribes by ordfnan6e as a proper charge from time to time. Respectfully submitted, (Signed) Arthur S. C~'ens (Signed) Harry R. Yates (Signed) Ham G. ~ittle (Signed) Charles E. Moore (Signed) G. H. Ruston" On motion of Mr. Hanes, seconded by Mr. Waldrop and unanimously adopted, th and reco.nmendation of the committee ~re condurred in. report UNFINISHED BUSINESS: ZONING: Council having previously deferred action on the request of L. B. Trainor and ~s. Virginia Crawford Tuck to rezone their properties lying nort! of Fairfax Avenue and south of Moorman Avenue, N. W., between Eleventh Street and Twelfth Street, from General Residence District to Business District, in order to give twn remaining property owners in the block an opportunity to file new requests for rezoning of their lots, the matter %~s again before the body. In this connection~ the City Clerk brought to the attention of Council that ~s. Olive Porter Meyer and }.~. T. O. Powers, owners of property in the same block have now filed written requests for the rezonlng of their property from General Residence District to Business District. It being the opinion of Council that the rezoning of the entire block shoul, bo considered at one time, Mr. Manes moved that the requests of Mr. Powers and Mrs. Meyer that their properties be rezoned to business be referred to the City Planning Commission for study, report and recommendation. The motion vas seconded by Mr. Waldrop and unanimously adopted. Also in this cormectiont Hr. ~ldrop moved that the City Clerk be instruct~ to publish proper notices of public hearings on the question of rezoning the proper~ Les of Rrso Meyer and Hr. Po~ers~ said hearin§s to be held at 2100 o~clockt p. Monday~ January 11~ 1954, and that Council defer ~urther action on the requests of Hr. L. E. ?rainor and Hrso Virginia Cravford Tuck until tha~time. The motion vas seconded by Mr. ~oody and unanimously adopted. CONSIDERATION OF CLAI~5= None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS~ ZONING= Ordinance No. 11997t rezoning property located on the north side of Liberty Roadt N. E.t between ~illiamson Road and Edison Streett descrited as the southeast portion of Lot 7t Block 1t Liberty Land Company Mapt from General Residen¢ District to Business Districtt having previously been before Council for its first readingt read and laid overt ~as again before the bodyt Mr. Young offering the followlng for its second reading and final adoption= (~11997) AN ORDINANCE to m~end and reermct Article I~ Section it of Chapter 51 of the Code of the City of Roanoket Virginiat in relation to Zoning. (For full text of Ordinancet see Ordinance Book No. ROt Page 69.) Mr. Young moved the adoption of the Ordinance. The motion vas seconded by Mm. Minton and adopted by the following vote= AYES= Council /embers Banest Mintont Plckettt Woodyt Young~ and the Presidel Mr. Webber .................... NAYS: None ............ O. (Mr. %'aldrop not voting) CITY PROPERTY= Ordinance No. 1200~t leasing property at ~2~ Second Streett S. W.t and storage space at 20S-~05 Church Avenuet S. W.t to Mrs. Lester T. Hutson~ at a total consideration of $100.00 per montht for the calendar year 19~4~ having previously been before Council for its first readingt read and lald over~ ~as again before the body~ }~. Minton offering the following for its second reading and final adoption= (~12002) AN ORDINANCE authorlzing and directing the City Managert for and on behalf of the City of Roanoket to execute a lease between the City of Roanoket Virginiat and Mrs. Lester T. Hutsont trading as Hutson Cigar Company~ for the renta~ of space presently occupied by,the lessee in the ~uilding no~ designated as S2S iSecond Streett S. W.t and the storage room presently used by the lessee in the building now designated as RO3-ROS Church Avenuet S. %f.t at a total consideration o $100.00 per month, for the period beginning January it 1954t and ending December 31~ 1954~ under terms and conditions contained therein. (For full text of Ordinance~ see Ordinance Book No. ROt Page 70.) Mr. Minton moved the adoption of the Ordinance. The motion ~s seconded by Mrs. Pickett and adopted by the following vote= AYESI Council members Manest Mintont Pickettt %~a!dropt ~oodyt Youngt and the Presidentt Mr. Webber ................ 7. NAYS= None---i ................... O. CITY PROPERTY= Ordinance No. 12003t leasing property at ~21 Second Streett S. ~.t to Henry C. Gilest at a total consideration of $S7.50 per month for the calendar year 1954t having previously been before Council for its first readtng~ re: and laid overt was again before the bodyt Mr. Yfaldrop offering the following for second reading and final adoption= 85 (~12003) AH ORDINANCE authorizing and directing the City Manager, for and or behalf of the City of Roanoke, to execute a lease between the City of Roanoke, Virginia, and Henry C. Giles, for the rental of space presently occupied by the lessee in the building now designated as 321 Second Street, S. W., at a total con- sideration of $37.~0 per month, for the period beginning January l, 1954, and endinl December S1, 19~4, under terms and conditions contained therein. (For full text of Ordinance, see Ordinance Book Ho. 20, Page ?0.) Rt. Waldrop moved the adoption of the Ordinance. The motion was seconded hl Mr. Ranes and adopted by tho following votes AYE~s Council members Hanes, Hinton, Pickett, Waldrop, Woody, Young, a~d the President, Mr. Webber .............. 7. NAYS~ Hone ..................... O. CITY PROPERTY~ Ordinance No. 12004, leasing property at 207 Church Avenue, S. W., and storage space at 20S-20S Church Avenue, S. ~.~ to Henry L. Riley, at a ltotal consideration of $82.~0 per month, for the calendar year 1954, having pre- viously been before Council for its first reading, read and laid over, %~s again before the body, Mr. Hanes offering the following for its second reading and final adoption: (#12004) AN ORDINANCE authorizing and directing the City Manager, for and on behalf of the City of Roanoke, to execute a lease between the City of Roanoke, Virginia, and Henry L. Riley, for the rental of space presently occupied by the lessee in the building now designated as 207 Church Avenue, S. W., and the storage room presently used by the lessee in the building now designated as 20S-205 Church Avenne, S. W., at a total consideration of $82.50 per month, for the period beginni January 1, 1954, and ending December S1, 1954, under terms and conditions contained therein. (For full text of Ordinance, see Ordinance Book No. 20, Page 71.) Mr. Manes moved the adoption of the Ordinance. The motion %~s seconded by }M. Minton and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ......... ?. NAYS: None ................ O. TRAFFIC: The City Attorney having been requested to prepare proper Resoluti, directing the City Manager to cause the removal of stone col~nns located on city property at the entrance to the Raleigh Court Subdivision, on Grandin Road, S. W.~ he presented same; whereupon, Mr. Woody offered the following Resolution: (#12017) A RESOLUTION directing the City Manager to cause the two large stone col=~ns standing, on City property, at the entrance to the Raleigh Court Subdivision to be removed. (For full text of Resolution, see Ordinance Book No. 20, Page 7S.) M~. %:oody moved the adoption of the Resolution. The motion %~s seconded by ~M. Hanes and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............ 7. NAYS: None ................... O. MOTIONS AND MISCELLANEOUS BUSI}~S$: CLUB A_ND GUTTER: Council~mn Young brought to the attention of Council and advised that he has received a complalnt from citizens living in thc 2700 block of Avenel Avenue, So %~o, that they have sent in a petition to Council requesting curb and ~utter installation on their street and agreeing to pay their proportional part of the cost, but that they have not as yet received any notice off the amount of cost or when the work would be done, Hr. Young moving that the City Clerk and the City ~nager be asked to look into the matter and ~o advise Council o£ the present status of the request. The notion vas seconded by Hr. Minton and urmnimously adopte There being no ~urther business, Council adjourned. APPROVED ..... l 'Clerk '~ '* ~ COUNCIL, REGULAR F~ETINO, Honday, December 7, 1953. The Council of the City of Roanoke ~et in regular meeting in the Circuit Court Room in the Hunicipal Building, Honday, December 7, 1953, at 2~00 o'clock, p. mo, the regular meeting hour, with the President, l/to Webber, pr~siding. I~ESE~ Council ~embers Hanes, Hlnton, Pickett, Waldrop, Woody, Young, ar~ the President, P~. Webber .................. 7. ABSENT~ None ....................... O. OFFICIOS PRESENT~ Mr. Arthur S. Owen~, City Manager, Hr. Randolph Go ~hittls City Attorney, and Hr. Harry R. Yates, City Auditor. The meeting was opened with a prayer by the Reverend R. Kern Eutsler, Pastor of South Roanoke Methodist Church. MINUTE~: Copy of the minutes of the regular meeting held on Monday, Novembe! 23, 195~, having been furnished each member of Council, upon motion of Mr. Woody, seconded by Mr. Minton and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. At this point, the President, 1M. Webber, recognized and welcomed Mrs. Haro] J. Sander, representing the American Association of University Women, who %~s prese~ to observe the proceedings of Council. HEARING OF CITIZENS UPON PUBLIC ~TTEHS: POLICE DEPART}~NT: A group of approximately 50 %mmen, representing the wive~ of Roanoke City Policemen, headed by Mrs. N. E. Mills, appeared before Council, Mrs. Mills reading a prepared statement in connection ~ith what they believe to be injustices to the police officers of the City of Roanoke through low pay and lone %ours and stating that they feel if Council is acquainted with the situation it ~ndeavor to correct it. In this connection, Mrs. Mills pointed out that the officers will work a total of 215 hours after allowance is rmde for four days off within a thirty day month, advising that this m~ounts to less than $1.2E per hour for a third year patrolman who draws $275.00 per month, and that holidays, normally considered days to be celebrated %y the average citizen and other city employees, mean very little more to the police officer than additional work and in most cases hours far beyond his regular duty hours, stating that little, if any, consideration is given him for this extra time. In conclusion, Mrs. Mills called attention to the growth of the city, advis. fng that it means more people~ more miles to cover, and fe%~r men to do it with as far as the police.~an is concerned, stating that they feel little has been done to entice policemen to stay with the city or to induce men to Join the Police Departzel and that they do not believe the present situation can continue without affectin~ the safety and welfare of the city. With reference to the matter, the City Manager was asked for any com~aent he might have, Mr. Owens advising that he has gathered figures on salaries of polio officers in nine other cities in Virginia and that six of the cities top Roanoke and three fall below the $3,~00.00 paid third year officers, stating that on a national average among 108 cities of ~0,000 to 100,000 population he found that on the basis of salaries 23 pay less than Roanoke and 82 pay more with t%~ having the With f~rther reference to the ~atter, the City P~nager called attention to the pension benefits provided city employees and gave further comparisons of salarlE time off, etc., stating that unfortunately the salary situation in Eoanoke Is not limited to the Police Department but applies to other departments of government es After a ~urther discussion of the question, P~s. Pickett moved that the matter 5e referred to 1954 budget study. The motion was seconded by Mro Hanes and unanimously adopted. PETITIONS AND CO~dNICATIONS: P~RKS AND PLAYGROUNDS~ Council having previously deferred action on a reque: from Mr. John L. Godwin to assign his bid for concession rights at Washington Park to another bidder, and the City Manager having been requested to find out if Mr. Godwin will sign a contract as set out in his proposal, the following com~unlcation from Hr. Godwin was before the body= "Roanoke, Virginia 20S2 Mt. Vernon Road, S. W. November SO, 195S Mr. Harry R. Yates Acting City Manager City of Roanoke Roanoke, Virginia Dear Mr. Yates: Please lnforn the Council that I will sign a contract for the Concessions at Washington Park agreeable to my original bid, without any qualification whatsoever; that Is, without any provision to sublet the concessions. In othar words, I will operate the concessions under the contract. It is regretted that my effort to surrender the bid in favor of the one who had the concession during the current year, and who %~s a bidder for it next year, caused the Council inconvenience. At the tine I sub=ltted a bid I w~s under the impression that 1%~s the only bidder, but on finding out that this was not correct, I considered it only fair to turn the bid over if I could to the other party and, frankly, I thought that under the advert~ ment as published for bids on all concessions, I could do so. At any rate I beg the indulgence of the Council, with the assurance that I will make up for everything, if I can, in the operation of the concession~ Sincerely (Signed) John L. Godwin John L. Godwin" The co~unicatlon ,~s filed. In this connection, the City Attorney having previously been requested to prepare the proper Ordinance accepting the proposal of Mr. Godwin, he submitted s~me; whereupon, Mr. Minton offered the following emergency measure: (~120t8) AN ORDINANCE authorizing and directing the City 1.[anager, for and on behalf of the City of Roanoke, to enter into a contract with John L. Godwin, igranting certain concession rights and privileges to be exercised in Washington Par} (For full text of Ordinance, see Ordinance Book No. 20, Page 76.) M~. Minton moved the adoption of the Ordinance. The motion ~s seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, .Mr. Webber ............ 7. NAYS: None ................... O. STREET LIGHTS: A com~r~qication from the Appalachian Electric Power Company, setting forth locations of street l~ghts installed during the month of November, 19~ %~s before Council. The co~unicationwas filed. BUILDING CODEs The following co~unication fron Mr. David Dick, Chairman, Board of Appeal for the Building Cede, in connection with the appointment of ~r. J. S. Rarbour~ vas ~efore Co~ncllt "November I~0, 19~3 Tho Honorable Members of City Council c/o H. £. Moorman, City Clerk ~unl¢lpal Bollding Roanoke, Virginia Gentlemens The Board of Appeal for the Building Cede has asked me to write you in regal to the shortage of one member of the Board of Appeal. the Board has held two hearings and one other meeting. Mr. J. S. tLarbour, whom you appointed a member, has been unable to attend any of these meetings and has not qualified as a member of this Board. I had talked to him several times In regard to these meetings and he advised me that he thought he ~uld be unable to serve. At the last meeting of the Board held on November 17th, the Board through formal action instructed me to determine if Mr. Barbour was going to serve and to notify you if he was not. The Board felt, since the Building code requires that four members of the Board shall constitute a quorma, that steps should be taken to have a full membership in attendance at the meetiz or at least members appointed who are willing to serve unless they are prevented from attending a nesting because of illness or conflicting engagements. Mr. Barbour advised ne on November 26th that he would not be able to serve as a member of this Board and to notify yo~ of this decls! We also wish to bring to your attention the requirements of Section 108, Subsection 1, pertaining to the appointment of members of this board. It requires that one member be a licensed contractor engaged in the business of constructing residences and sr~all cox~ercial buildings and one member be a State Registered Contractor engaged in the business of constructing large buildings. Since Mr. Llonberger is a me~ber of the board and he is a State Registered Contractor generally enaaged in the construction of larger bulldinas, it appears that the new member to be appointed should be a licensed contractor engaged in the business of construc~ ng residences and small cox~erctal buildings. P~e trust that you can ~ive this your early consideration. Respectfully, (Signed) David Dick David Dick, Chairman Board o£ Appeal for the Building Codf After a discussion of the matter, Fw. Young moved that action be deferred and that the City Clerk contact Mr. Barbour and advise him that if he is unable to serve on the board he should submit a letter of resignation to Cmmcil. The motion ~s seconded by l-~. Waldrop and unanimously adopted. SCHOOLS: Council having referred to the City Planning Commission, the City Manager and the City Attorney for study, report and reco~endation, the question of providing space in school buildings, especially future school buildings, for use as co~unity centers, the following co,~-m~nication from the City Planning Co~isston ~s before the body: "December 4, 1953. The Honorable R. L. Webber, Mayor, and Members of City Council, ~oanoke, Virginia. Gentlemen: In reply to your Joint letter of October 19, 19~3~ referring to the City Planning Co,.~-~ission, and others, for study, report and recom~nendation. th~ question of providing space in school buildings, especially future school buildings, for use as cox~unity centers: The Commission feels that. wherever practicable, existina school facilities should he made available to the people in the l~ealate neighbor- hood for cox-amity programs when they will not interfere with regular schoo; activities. The opinion of the Comr~lsslon is that future school buildings should be so planned that certain facilities, such as the all-purpose rooms, gymnasium audiberi~a, etc., would be suitable for, and should be mde available to, different age groups for recreational programs and cultural activities. Thi ~uld eliminate duplication of facilities for use by the public, and, at the sa~e time, ~uld also increase the usefulness of the buildings. The Commission recommends that, when funds are made available for new school bulldir~s, the plans of the proposed bullHngs be studied vith the vier of adapting the~ to the various co~unity needs, both recreational and cultural, and that City Council establish a policy regarding the use of such facilities by the different City Departments responsible for and recreational programs, and by other groups using the buildings° Respectfully submitted, (Signed) Oeorge Dunglinson, Jr. Chair~an." }{r. Waldrop moved that the report of the City Planning Commission be concurred in and flied. The motion vas seconded by Mr. Woody and unanimously In this connection, the City Attorney verbally reported that he concurs in the report of the City Manager submitted to Co,mci1 November 16, 1953, on the use ¥.~LFARE DEPARTR~NT~ A co~munication from ~M. W. D. Dew, together with a petition signed by thirteen citizens and neighbors of Rt. Andrew J. ~[oore, 1205 Thirteenth Street, S. E., setting forth the needs of ~[r. ~[oore along with statezent~ as to the %~y his application for assistance has been handled and advising that he is eligible for Old Age Assistance, ~s ~efore Council. Also in this cor~.ection, a letter signed by IM. James lee Ferris, settin~ out his own case and that of ~r. ~:oore and calling attention to the action of Council as set out in a Roanoke %'~r!d-News item of NovemBer 17, 195S, under the captio~"Council Ponders Tine Lost on ~tters of No Concern", %ms before the Lcd'/. On motion of ~. Hanes~ seconded by ~,~r. %faldrsp and unanimously adopted~ the petition concernln~ ~.[r. ~.[oore and the letter from ~r. Ferrls ~ere referred to the Department of l'felfare and Institutions~ RlcD_~ond~ Virg[nia~ for its tnformatie'n In this connection, ~.[r. Youn[ stated that as far as the accusations set out in the above petition and co~munication are concerned he does not accept them as being true. Also In this cor~ectton~ ~r. }-iinton moved that the matter of the i~ed[ate needs of }{r. Andre~ J. ~oore be referred to the City ~.~anager and the %felfare Department for attention. The motion %~s seconded by ~.Ir. Hanes and unanimously adopted. REPORTS OF OFFICERS: AIRPORT: Council having deferred action on the request of the Acting City ~.lanager that $15,000.00 be appropriated in connection with Federal Airport Project No. 9-44-01~-305 and havlng requested that the City ~.~anager £urnlsh the body with the full status of the project, he subm!tted the follo~ing report: "Roanoke~ ¥1rfinia December 7, 1952 To The City Council Roanoke~ Virginia }Iembers of Council: The status o£ Project No. 9-44-0t2-S05 is as follows: (1) The adoption of Resolution No. 11826 on June 3, 1953, citing the conditions of a grant agreement. (~) October 15, 1983, File ~9, Resolution No. 11966~ bid a%mrded to J. E. Jewell in the ~mount of $28,012.50 which includes a 25 per cent increase in the quantity of concrete apron paving, sub-base and grading. (S) Approval of contract in the amount of $23~467.~0 by Civil Aeronaut Administration and limiting it to this muount. (4) Copy of City }.~nager,s letter to Legal Departzent~ requesting contract agreement. 92 (5) Letter from F. A, Carbaine, authorizing ~ork. (6) Copy of letter authorizing ~ork. (7) Copy of contract - - Page 6 which limits the mmount of $2S,467.50 and demarcates it to 1,700 cubic yards of grading .............. $ 1,S60.O0 2,000 square yards of subbase paving ....................... 2,920.00 2,000 square yards of concrete paving ...................... 13,900.00 Bituminous materlal--14,O00 gallons ........................ 2,240.00 Aggregate--5SO tons ........................................ The total of this contract in conformity with the awarding of the bid the approval of the Civil Aeronautics Administration, and the resolution, is $23,467.50. (8) Maps limiting the area to be accomplished by grading and paving aprons. (9) A second nap demarcating the seal coat. (10) In order to assure the City of its total cost, we had the project approved as to cost of contract, $23,467.50; engineering and supervision, $1,500.00; administrative costs, $242.00; contingencies, aggregates $26~709.50. The City's share o£ this cost ~ould be The request for this ~ount of money in the project to meet the contractor's estimate is recommended. Respectfully submitted, (Signed) Arthur S. Owens City ~nager" After a discussion of the m~tter, Mr. Waldrop moved that the report be received and concurred in. The motion was seconded by Mrs. Pickett and unanimous] adopted. In this connection, Mr. Woody offered the folloving emergency Ordinance appropriating $13,354.75 being the city's share for the project: (#12019) AN ORDINANCE to amend and reordain Section #142~ "Transfers to Improvement F~nd", of the 1953 Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 77.) Mr. ~oody moved the adoption of the Ordinance. The motion ~s seconded by Mr. Minton and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. ~febber ................ 7. NAYS: None ....................... O. CI~B AND GUTTER: Council Having requested the City Manager and the City Clerk to furnish the body ~th the status of a petition asking for curb and gutter for the 2700block of Avenel Avenue, $. W., the City ~nager submitted written report together with the following co='mnfcation from the Director of Public ~orks: "DATE: December 1, 1953 TO: Mr. Harry R. Yates FROM: Mr. Jno. L. ~!entworth This is in answer to your request for status of curb and gutter for the 2700 block of Avenel Avenue, S. W. The petition in questfon~ms brought into this office the first of April 1953. The party who ~rked up the petition was told at that t~me that ~rk could not be accomplished during 1953; because we had more petitions dated 1952 on file than ~ could possibly take care of, due to the fact that Council appropriated only $50,000 for slde~lk, curb and gutter. We did tell the party, and also several other residents of this block, that this petition ~uld be included in the 1954 work, and that those people who pay their assessments first will get their work done first. We always try to accomplish ~rkcn a first come~ first serve basis. (Signed) John L. Uent~mrth" On motion of Hr. Young, seconded by Hr. Ranes and unanimously adopted, the report was accepted and filed. WATER DEPARTHENTI The City Hanager suhuitted the following report, togethe: with copies of letters and a survey concerning the projected needs of the Water Departmentl "Roanoke, Virginia December 7, 1953 ToT he City Council Roanoke, Virginia Members of Council= ! had a survey made by the Water Department concerning the projected needs for the future; and I have copies of Mr. Rustonls and Mr. Moore's report available for each member of Council to peruse. Since these reports were gathered at my request and reflect back the feelings of the tecknical supervisor of the Water Department, ! feel you should have their views first hand. Several of the statements in the report are not concurred in by me; and I believe after ~ have completed our budget study, around the first of the year, %'e should set aside a short while to m~ke a study of the proposal. It is urgent and probably the part of good business that we plan now tO meet the defends on our Water Department as an additional filtration unit and necessary appurtenances must be provided at an early date. Since planning, construction, and ultimate operation would be sometime in the future, I thlmk we should start planning immediately for not only the filtration unit but other necessities as well. Respectfully submitted, (Signed) Arthur S. C~,ens City Manager" On motion of Mr. Hanes, seconded by Mr. %faldrop and unanimously adopted, th report ~ms received and filed. WATER DEPARTMENT: The City Manager submitted the following report in connection with the employment of a consultant for the ~ter Department: "Roanoke, Virginia Decemb*r 7, 1953 To The City Council Roanoke, Virginia Members of Council: On the 26th day of January, 1953, you adopted Resolution No. 11695, authorizing the emplo}~ent of a consultant for the !-later Department. This proposal, authorized the 26th day ~f January, 1953, ~s dated January l, 1953~ and, therefore, will expire on December 31 of this year. Obviously, this is an ltem which you could include in your budget study as I would like to elaborate more upon its need at a later date. Respectfully submitted, (Signed) Arthur S. Owens City Manager" On motion of Mr. Young, seconded by Nm. Minton and unanimously adopted, the report %ms concurred in and referred to 1954 budget study. GRADE CROSSING: The City Attorney advised Council that he would like discuss the status of several properties needed in connection with the Jefferson iStreet Grade Crossing Elimination Project. Later during the meeting, an executive session %ms held after which no official action %ms taken. REPORTS OF CON2~ITTEES: SALE OF PROPERTY: The City's real estate com=mittee submitted the following report with reference to an offer from Mr. A.' L. Roberts to purchase from the city lot located at the Junction of T%~lfth Street and Howbert Avenue, S. "Roanoke, Virginia December 7, 1953 To The City Council Roanoke, Virginia Members of Councll~ We are in receipt of the attached letter from Hr. A. L. Roberts an offer for a parcel of land at the Junction of 12th Street and Avenue, known as Lot 11, Block 29. Wasena Hap, (Official Number 12S1511.) We recommend that their offer of $500.00 net be accepted. Respectfully submitted, (Signed) Arthur S. Owens (Signed) Ban G. %tittle (Signed) Harry R. Yates" After a discussion of the offer, Mr. Waldrop moved that decision on the matter be deferred for one week in order to give Council members an opportnnity to look at the lot. The motion ~s seconded by Mrs. Pickett and unanimously adopted. U~INISHED BUSINESS~ SETBACK LI}~S: Council, at its last regular meeting, having deferred action on the question of establishing a setback line on the north side of Salem Avenue, S. W., between First Street and Fifth Street, the ratter was again before the body. In a brief discussion of the r~atter, Hr. Young advised that he feels the setback llne should be established between First Street, S. W., and Fifth Street, S. W., stating that in previous actions of Council a setback line has been establis[ west of Fifth Street and that the block bet~'een Jefferson Street and First Street is to be 63 feet wide, and moved that the City Attorney prepare the proper Ordinanc~ lestablishing a setback line on the north side of Salem Avenue, S. ~., between First Street and Fifth Street, to fe located 60 feet northerly from the present south lin~ of Salem Avenue, to provide for a 60-foot wide street. The motion ~-as seconded by ~}[r. ~aldrop and unanimously adopted. I connection, Young City Attorney prepare proper In this Mr. moved that the Resolution approving Part II of the Master Plan for the City of Roanoke as previous] Isubmltted by the CitF Planning Commission under date of June 26~ 1953~ providing a setback line on Salem Avenue, S. W., between Fifth Street and Jefferson Street. The notion ~s seconded by ~-~. Waldrop and unanimously adopted. CONSIDERATION OF CLAI}~: None. INTRODUCTION A~D CONSIDEPtATION OF ORDINANCES AND RESOLUTIONS: %IATERDEPAR~ENT: Ordinance No. 12010, authorizing the execution Of a deed releasing any rights the city may have to a portion of Lot 9, Section 1, Clermont Heights Map, having previously been before Council for its first reading, read and laid over, %~s again before the body, Mrs. Pickett offering the following for its second reading and final adoption: (fl2010) AN ORDIN.~{CE authorizing the execution Of a deed Of quitclaim and release as to a portion of Lot 9, Section 1, according to the Map of Clermont Heigh~ and as to a 10-foot wide right-of-way extending along the western boundary Of said lot. (For full text of Ordinance, see Ordinance Book No.-20, Page 7~.) Mrs. Pickett moved the adoption of the Ordinance. The motionwas seconded by Mr. Young and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, %~ldrop~ Young, and the President, Mr. ¥~ebber ................. NAYS: }lone .................... O. (N~. Woody not voting) ORADE CROSSINGSI The City Clerk brought to the attention of Council draft of an Ordinance as prepared by the City Attorney in connection with acquisition of certain property from B. A. and NaJla F. 6oria; %%hereupon, Mr. Woody offered the following emergency measurer (~12020) AN ORDINANCE authorizing and directing the City Auditor to have executed and to deliver to the City Attorney, as escrow agent for the Commonwealth of Virginia, a City warrant, drawn against the Jefferson Street Grade Crossing Elimination Project Fund, in favor of B. A. and NaJla F. Oorla, in the sum of $28,000.00~ in payment of Parcel No. 19-B, as shown on Plan No. 4000-4A~ on file in the Office of the City Engineer, and not necessary for use in connection with the Jefferson Street Srade Crossing Elimination Project, the purchase of which was heretofore conditionally authorized by the City, by Ordinance No. 11938; and provi~ for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 78.) Mr. Woody moved the adoption of the Ordinance. The motion ~s seconded by Mr. }lanes and adopted by the followln~ vote: AYES: Council ~enbers Hanes, Minton, Pickett, Waldrop, ~ody, Young, and the President~ ~r. Webber ................ 7. NAYS: None ....................... O. MOTIONS AND MISCELk{NEOUS BUS15~SS: None. There being no further business, Council adjourned. APPROVED ATT~ ~ .ng COUNCIL~ SPECIAl, HEETIEG~ Thursday~ December 10, 1953 The Council of the City of Roanoke met in special meeting in the Circuit Court Room In the Municipal Building, Thursday, December 10, 1953~ at ?s30 o~clock~ p. ~., for the purpose of conductin§ e public hearing to give interested citizens an opportunity to express their views with reference to fluoridation of the city's ~ublic ~ater supplies~ the President~ Mr. Webber~ presiding. PRESENTs Council mem~rs Manes~ Mlnton~ Pickett~ Waldrop~ Woody, Young, and ;he President, Mr. Webber ............ 7. ABSENT: None ................. O. OFFICERS PRESENTs Mr. Arthur S. Owens, City Manager. The ~eeting was o~ened with a prayer by Mr. Arthur S. Owens~ City Manager. ~4AT-ER DEPARTMENT-HEALTH DEPARTMENTs The President, Mr. Webber, requested the City Clerk to read the advertisement calling for the public hearing and to present communications received endorsing the progrm~; ~.hereupon, the Clerk read resolutions endorsing fluoridation of the city's public water supplies from the Chamber of Cor.~erce~ the Rrm~bleton Junior ~fom~n's Club, thc ~foman's Club of Roanok~ the ~fllliamson Road ~.oman's Club, the Virginia Federation of Women's Clubs,and also letters endorsing the program from the Highland Park PTA; the Virginia Congress of Parents and Teachers, Cooperative Education Association; the Junior Chamber of Cor~erce; Dr. Margaret M. Glendy; Dr. John A. Martin; Mrs. Robert L. Little and a prepared study of facts regarding statements made in objection to fluoridation as prepared by the American Dental Association, Council on Dental Health, presented by Dr. Myron E. Renderson. Attention ~.ms also called to co=munications in favor of fluoridation previm presented to Council at prior meetings of the body. Those appearing in favor of fluoridation were Dr. Peter A. 'rfa!lenborn, Jr. speaking on ~haIf of the Roanoke Junior Chmuber of Comuerce, giving a brief htstor~ background of the program and reading a telegram from Dr. Ja~es N. Dudley, former Health Conmlss~n~ of Hoanoke, giving his endorsement of the program, Dr. Wl!lia~ H. Calvert~ Jr., speaking at length on the history and giving factual information from a prepared statement, Dr. E. D. Downing, representing the Magic City Medical Societ Dr. La~ence E. Paxton, Dr. Margaret M. Glendy, Mr. A. S. Rachal~ Jr., Executive Director, Chamber of Commerce, Mr. R. R. Banner, Mr. W. E. Beckner and Dr. Myron E. Henderson, President, Roanoke Dental Society, who stated that it cost an average of ten cents a year per person to fluoridate u~ter. At this point, the President, Mr. Webber, called on those present who wishe[ to speak against the program of fluoridation; whereupon, Mr. Malcolm L. Worrell~ Chair.mn, Citizen's Committee on Fluoridation, appeared before Council and presentec a petition with approximately ~5 signatures of citizens opposing the fluoridation of the public ~ter supplies, M~. Worrell asking that Council delay decision on the question until the public learns all the facts about fluoridation or to submit the question to the people in a referend~u, and calling attention to the following seve~ reasormfor objection as set out in his statement to Council: :! ,al ~ "1, Compulsory medication is contrary to the fundamental freedom of 2, Possibility of harm to other parts of the body besides teeth, 3. Prevention of tooth decay by proper diet is the preferred method recommendod by many dentists and doctors. 4. Mass medication ignores the individual relationship of patient and doctor or dentist of his choice. 5. Disregard for the fact that fluorine is a c~ulative poison. 6. Because of individual differences, no effective *average doset for all can be applied through drinking a~bero 7. Opens the door for other forms of socialized medicines." Others speaking in opposition to the program were Hrs. Flora B. Friend, Mrs, Robert B. Parsons, Mr. Jo~ R. Stoke, Mr. and Hrs. Felix K. Parker and 1-~. W. Halborough Addison, Richmond, Virginia, speaking for the Christian Scientist Church~ of Virginia, Mr. Addison advising that the Christian Scientists do not oppose fluor! datlon because of the costs or because members feel that it would be physlcal]y harmful, but because it means the members will be forced to take a material medicin~ contrary to the teachings of their religion, stating further that his church feels The City Clerk ~s then requested to read comuunlcation received objecting E. B. Yright, Hr. James R. Richardson, Hr. and Mrs. ~f. Scott Hoore, Hr. and Mrs. V. ~. Shives, Hrs. Phoebe Thompson, Mrs. Myrtle Coleman, Hrs. Lou ~!ann, Hrs. Ruby B. Eerans, Mr. Jo~m H. Dale, et als, Mrs. Shirley Clark Love, Hrs. Evelyn ~. Hills, Mrs. Gertrude E. Scott, Dr. Edwin J. Palmer and Hr. and Mrs. E. E. Hopcroft; also, meetin[s of the body. At this point, the President~ MrJ Webber, asked if there were any questions Everyone present having been given an opportunity to be heard~ Mr. Young thanked the large group of citizens for their attendance and interest in the mattel stating that he does not feel that the group would u~nt Council to take l~mediate some future date. The ~otion w~s seconded by Mr. MintOn and unanimously adopted. APPROVED Clerk COt~CIL, RE~lrLAR I~ETING, Monday, December 14, 1953. The Council of the City of Roanoke met in regular meeting in the 'Circuit Court Room in the Municipal Building, Monday, December 14, 1953, at 2500 o'clock, p. m., the regular meeting hour, with t~e Vice President, Mr. Woody, presiding. PRES~TI Council members Ranes, Pickett, Waldrop, Young, and the Vice President, Mr. Woody .......................................... 5. ABSENT: Fm. Minton, and the President, Mr. Webber ..... 2. OFFICERS PRESENT: Mr. Randolph G. %,tittle, City Attorney, and Mr. Harry R. Yates, City Auditor. The meeting was opened with a prayer by the Reverend Joseph C. Broom, Pasto~ of the E=~anuel Pilgrim Church. MIh%~ES: Copy of the minutes of the regular meetings held on Monday, Eovembe SO and Monday, December 7~ 198~, having been furnished each member of Council, upon motion of }M. Waldrop, seconded by lM. Young and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. H~d~I~ OF CITIZENS UPON PL~LIC M~TTERS: TRAFFIC: }ir. George I. Vogel, Attorney, appeared before Council and advised that he is again appealing to the body to remove the no ~arking restriction recent] established on Jefferson Street between Elm Avenue and Albemarle Avenue, stating that the business of his clients has fallen off from 28% to ~0~ since the ~arklng ban was placed on the street, Mr. Vogel urging that Council take some i=medlate action. :ir. Vogel further stated that in his opinion there is not sufficient traffic in these blocks to warrant absolute restriction of parking, that his clients want something reasonable and that they are willing to see Darking meters placed along the street to regulate parking. Also appearing in opposition to the parking restriction were Mr. and ?~rs. Nelson R. Bailey, who operate a novelty shop at 1025 Jefferson Street; Mr. ~. M. Hal who operates a grocery at 926 Jefferson Street; ~.M.M.J. Kelly, l'~nager, Carlton Terra c e ~partments; Mr. Leonard O. Key, Manager, Blue Cross Hospital Insurance Plat whose office is located at Mountain Avenue and Jefferson Street; and Mr. William Mclndoe, who resides at 1021 Jefferson Street, Mr. Key and Mr. McIndoe advising that they see no need for a parking restriction all day on the street and that the parkln ban would depreciate the value of property as a business, also stating that speeding has increased on Jefferson Street since the parking prohibition has teen in effect. In a discussion of the matter, it was brought out that there is no parking space available on the side streets because these spaces are taken by peonle who park all day. At this point, the City Clerk called attention to co~-~unications from !~r. Jo t. Robertson and Messrs. L. R. and E. M.'!ta~ond, who are o~.mers of property within ~he area, advising that they are in favor of the parking restriction because they Feel the movement of traffic is more important than parking of cars on this street. After a further discussion of the problem of marking of cars and the movemen nf traffic, [~. Young called attention to the fact that this question was recently ~fore Council, that it has been referred to the City Manager and that he is still ~tudying the problem, and moved that the question be taken under advisement until :he City Manager makes further report on the matter. The notion ~as seconded by Frs ~ickett and adopted by the following vote~ Alq~S~ Council members Pickett, Young, and the Vice President, L'r. "ood NAYS~ h'essrs. Hanes and Waldrop .......... 2. (~!r. ~[inton, and the President. fr. %,'ebber, absent) In this connection, !{r. %faldrop moved that the City !{anaFer be requested to ~'lve a report at the next meeting of Council, if possible, on the advisability of Installin§ parking meters on }fountain Avenue, Highland Avenue and Albem. arle Avenue for a distance of one block east and west of Jefferson Street. ?he notion seconded by ~!r. Young and unanimously adopted. %'lATeR DEP;,RT![EN?: ~.fr. G. ";. Cole_~mn, 2~04 F. ernit Avenue, N. E., aD,eared kef, re :ouncil and advised that in layinE sewer mains in front of his nro~erty the contract, had, torn up his triter line and that it l~as never nronerly, renlaced, adv!sing t~at it has now broken aEain and that he has been unable to uet the mmin Fixed by either To',~ of Vlnton or by the Roanoke %'ater Department. The ActinE City ~!anafer advised that the com~laint of [~r. Coleman had come his attention this norninE, advising that the City Engineer and the !'ana~er of the i'fater Deoartnent are in the process of having the line fixed and that the cost %,!11 be charged to the contractor who is putting in the se%lets; %-~hereu,~on. ~fr. Coleman %'as advised to get in touch %;tth the Acting City :,'anager if he finds that the llne h~ not been repaired. PETITIONS AND %'AT~ DEP~T~T-H~%L~{ DEP~[T: Co~cations from ~[rs. ~. V. Nichols, ~[rs. Ruby R. D[ngman~ ~. and ~[rs. R. H. Painter, and ~-fr. V. ~,f. Shires. objecting to the fluor~datlon of the City of Roanoke rater sunolies and a com~nicatlon from ~'rs :. C. Rankin. President~ %fasena PTA, endorsing the nrogran; also~ additional ?ions from Dr. Charlee H. Peterson and ~r. James A. ~a~nond.in co~ect~on %,ith the ~rogrmn, %fere before On motion of ~.~s. Plckett~ seconded by ~{r Young and unanimously adopted t~e ~o~tcations were filed. ~IC: A cor,~unication from the Southeast Civic League~ recommending that ~arking be elinin~ted on the north s~de of Jamison Avenue~ S. E.. het,,feen ~,elfth ;treet and Thirteenth Street~ %~s before Council. ~r. Hanes moved that the coin[cation be referred to the City Uanager for nvestffation~ study and reco~mendation. The motion %~as seconded by ~'r. ~faldrop and nanimously adopted. In this co~ection~ }.~r. 1.1%ldrop suggested that ~n nakin~ a study of the :atter~ the C~ty ~anager give cons~deration to eetablishing one-%my traffic on venue and adjoining streets. ~;I~ DET~[TION HO~,~: A co~n~Ication from the Roanoke Junior Chamker of om,~erce~ express[~ appreciation for the action taken by Council in orov~d~ng for n educational director at the Juvenile Detention Home, %ms before the body. The co~m~[cation ~s filed. 99 100 COUnCILs A co~mnlcation from the Fourth Grade Class of Hiss Hary E. Johnston at Wasena School, expressin§ appreciation for the privilege of attending the Roanoke City Council meeting of Novem~r 23, 1953, ums ~efore the ~y, On motion of ~. ~aldrop~ seconded ~y }M. l~nes a~ unani~sly adopted~ the City Clerk vas ~nstruct~to ack.ledge receipt of the co~nlcation. I~ITATIONS~ A co~tcatlon from the Roanoke ~erc~nts Association, expressln~ appreciation for Co~cil~s participation In the Santa Claus parade~ ~fore the Tho co~lcatlon ~S flle~. ZONING~ A petition fro~ ~te 3. ~cClanah~n, W. E. EcCl~ha~, Bobert W. C. ~cClan~han ~nd Houck ~nd Co=pany~ Incorporated, asking that a parcel of l~nd lyln~ betveen Crystal Sprln~ Avenue~ S. ~., and ~eFferson Street~ north of ~cClan~ha~ District to ~siness District, was before Co~cll. 0n ~otlon of ~. Waldrop, seconded by Mr. Hanes and ~anl~ously adopted, the petition ~s referred to the City Plannl~g Commission for fnvesttga~ton, repor~ and recommendation to Co~cll. HOUSING: The following co~unlcaglon fro~ ~. Richard L. Beck, Execugtve Director, City of Roanoke Redevelop~eng and Housing Authority, in co~ection vlth pa~ents in lieu of taxes on the houstn~ proJecg, ~ras before Co~cll: "December 10, leSS Honorable ~yor and Me~rs of Co~cil Roanoke, Virginia %~ are enclos~n~ STAT~T OF CITY OF ROANO~ REDE~LOP~NT ~D HOUSING AUTHORITY R~OUP}~NT OF ADV~CCE OF COST OF O~-SI~ I][PRO~}.~;TS BY APPL~C~ TIOH OF PA~.~NTS IN LI~~ OF T~ES D~ CI~ OF ROANOk~ P%~SUANT TO ORDInanCE OF ~CH ~0~ 19S~ No. ll~GT. This Statement sets forth the amo~% of shelter rent ~eceived~ ~nsdo%~e Pa~k, Pro~ec% VA-Il-l, for the October 1~ 1953, and on L~nc~ln Terrace~ Pro~ect VA-1!-~ for the September ~6~ 19~ to Se9tembe~ 30~ 19S3. The ~no~t sho~ under the item Credit - Pa~ents ~n Lieu of Taxes ~n the ~o~t of $9~408.15 is the amour recorded on ou~ books as credit %o the City on the advance fo~ cost of off-site ~mprove~ents for the f~scal year ended Septemker ~0~ 195~. S~nee~ely yours, (S~ned) R~cha~d L. Beck R~cha~d L. Peck ~ecutive D~rector" On not,on of I.~. Yo~E~ seconded by ~r. %':aldrop and unanimously adopted, th report was filed. REPORTS OF O~IC~S: None. At this point~ the City Attorney advised that he w~shed to meet w~th Counei ~n an executive sess~on~ and later dur~nE the meet~n~ an executive session was held afte~ ~hich no official action was taken. REPORTS OF COL~{I?T~S: ~one. %q~INIS~D BUSIneSS: SA~ OF PROP~: Co,ell ~v~nE taken ~der advisement a reco~ne~at~on the city's real estate co~ittee t~t the city sell Lot 11, Block ~3~ %Iasena Map, Official No. i~lSll, located at the ~ct~on of How~ert Avenue and ~elfth St~ee%~ S. W., to }~. A. L. Roberts, for the s~n of $5~.~ cash net to the elty~ the %~s aEa~n ~efore the b~y~ whe~eupon~ }~. Waldro9 moved that Council concu~ ~n the recor~endation of the co,~lttee and that the Clty Attorney be requested to prepare the proper Ordin~nee authorizinz sale nf ~he lot. The motion was seconded by ~r. lanes and unanimously adopted. CONSIDERATION OF CLAII~: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES ANDRE SOLUTIONS: ZONING-SETBACK LINES~ The City Planning Commission having previously toques ~hat sectional plans for the future development and widening of Salem Avenue, S. W.. tetween Fifth Street and Jefferson Street, designated as Part 2 of the Master Plan for the City of Roanoke, be adopted by Council, and the body ~mvlng held in abeyanc( action on the plan untI1 a study and public hearin~ was held on the question of establishing the setback line, the matter was again before the body; whereupon, Young offered the following Resolution as prepared by the City Attorney: (#12021) A RESOLUTION approving PART 2 of ~he ~ST~ PLAN for the City of Roanoke, adopted by the City Planning Co~Ission by its Resolution No. 2, passed on June 12, 19S3; directing the City Clerk to place the n~ber of this resolution and the date of its passage on the original tracing of PART 2 of said Master Plan and to attest and file the same; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 79.) ].M. young moved the adoption of the Resolution. The motion was seconded by IM. Ranes and adopted by the following vote:. AYES: Council ~e~bers Hanes, Pickett, Waldrop, Young. and the Vice Presiden~ Mr. %:oody ................... NAYS: None .......... O. (]~. Minton. and the President, ]~r. %'~eb~er, absent) ZONING: Council having previously held a public hearlng on the question of establlshinE a setback llne on the north side of Salem Avenue, and having requested the City Attorney to prepare the pro,er Ordinance establishing the set~ack line, he ~resented same; whereupon, Mr. ~aldrop moved that the fol!owinZ Ordlnance be placed upon its first reading. The motlon was seconded by ].~. Young and adopted by the following vote: AYES: Council members Hanes, Pickett, %~aldrop, Young. and the Vice Presiden' ~. Woody ................. 5. NAYS: None ........ O. (Mr. Minton, and the President, ~m. Webber, absent~ (#12022) AN ORDINANCE establishing a setback line on the north side of Sale: iAvenue, S. W., between 1st Street, S. W., and Sth Street, S. %!.. said setback line to be located 60.0 feet northerly from the present established south line Of Salem Avenue~ S. W., between said streets, to provide for the widening of Salem Avenue, S. %;.~ between said streets, to a 60-foot wide street. %~2~EREAS, notice has been duly published as required by law and the property o%~ers in the affected area notifled that Council would hold a hearing on the SOth day of Novenber~ 1983~ on the question of establishing a setback line on the north side of Salem Avenue, S. ~'~., between 1st Street, S. %!., and Sth Street, S. isald setback line to he located 60.0 feet northerly from the present established !south line of Salem Avenue, S. %!., between said streets, to provide for the widenir of Salem Avenue, S. W., between said streets~ to a 60-foot wide street, and %~tE~EAS, the said hearing %~s held on the $Oth day of November, 19f~, at Z:O0 o'clock, p. m., before the Council of the City of Roanoke, the time and pt~e stated In said notice, 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 101. '102 ~EAS: the Boanoke City Planning Commission, to whom the matter has here- tofore been referred by the Council for consideration, has recommended and approved the establishment of a setback line on said avenue for the purpose hereinabove stated, and %rHEREAS, after hearing all of the evidence submitted Council is of the opinion that the said setkack line should be established. TB~EFORE~ BE IT ORDAI}~D by the Council of the City of Roanoke that a setback line be, and the same is hereby, established on the north side of Salem Avenue, S. W., between 1st Street, S. W., and 5th Street, S. W., said setback line to be located 60.0 feet northerly from the present established south line of Salem Avenue, S. ~., between said streets, to provide for the widening of Salem Avenue, S. W., between said streets, to a GO-foot wide street, and BE ITFL~T}{F. R ORDAINED that no building hereafter erected on any of said lots abutting on said avenue shall extend over the said setback line as established by the provisions Of this ordinance. The Ordinance having been read, %~s laid over. LEGISLATION: The City Clerk brought to the attention of Council draft of a Resolution, as prepared by the City Attorney, in connection with the request of the Roanoke Bar Association tkat Section 17-99 of the Code of Virginia be amended to authorize the holding of sessions of the Supreme Court of Appeals of Virginia in Roanoke; whereupon, ~{r. tIanes offered the following emergency measure: (~12023) A RESOLL~ION expressing the concurrence of this Council in the request of the Roanoke Bar Association that Section 17-99 of the Code of Virginia be so amended as to authorize the holding of sessions of the Supreme Court of Appeals of Virginia in Roanoke; directing that the Representatives Of the City of Roanoke in the General Assembly of Virginia be so advised;recording the sense of this Council that the meeting of said Court in Roanoke would be an honor to the and expressing this Council's willingness to provide appropriate facilities to acco=nodate such meetings. (For full text of Resolution? see Ordinance Book No. 20~ Page 80.) ~. Manes moved the adoption of the Resolution. The motion %'as seconded by I{r. %~ldrop and adopted by the following vote: AYES: Council members Hanes, Pickett~ lfaldrop, Young? and the Vice President ~-~. ~oody ....................... 5. }IAYS: None .............. O. (}Ir. Minton. and the President, l~. !febber, absent) GRADE CROSSINGS: The City Clerk brought to the attention of Council draft of an Ordinance as prepared by the City Attorney in connection with the acquiring of certain property from Jacob Brenner and Celia Brenner, for use in, and in connec- tion with. the construction and mmintenance of the proposed Jefferson Street Grade Crossing Elimination Viaduct and Project; whereupon, ~. Young offered the followin emergency measure: (~12024) AN ORDINANCE accepting, for and on behalf of the City of Roanoke, the option of Jacob Brenner and Celia Brenner, his wife, dated tke 2nd day of December, 19.53~ pursuant to which they covefmnt and agree to grant and convey unto the City of Roanoke the real estate and interest in real estate therein described, and subject to the terms and conditions therein contained, for $68,000.00 cash; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 81.) Hr. Young moved the adoption of the Ordinance. The motion ~as seconded by Mr. Waldrop and adopted by the following votes AYES~ Council members llanes, Pickett, Waldrop, Young, and the Vice Presiden Mr. Woody ...................... 5. NAYS~ None ............. O. (~. Hinton, and the President, Mr. Wehker, abse: GRADE CROSSINOS: The City Clerk brought to the attention of Council draft an Ordinance as prepared by the City Attorney in connection with acquisition of icertain real estate necessary for the construction of the Jefferson Street Grade i Crossing Elimination Viaduct and Project and for other municipal purposes, from 'Herman and Samuel A. Trompeter; whereupon, Mr. Waldrop offered the following emer (~12025) AN ORDINANCE providing for the acquisition of certain real estate necessary for the construction of the Jefferson Street Grade Crossing Elininatlon Viaduct and Project and also to provide off-street automobile parking facilities and/or for other nunlcipal purposes~ providtnc for the purchase price thereof~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book ~o. 20? Page 8~.) Mr. %laldrop moved the adoption of the Ordinance. The notion %.~as seconded by ]~. Young and adopted by the following vote: At~S: Council members Hanes~ Pickett, ~:aldrop, Young, and the Vice Presiden Mr. Woody ................... 5. NAYS: None .......... O. (}ir. Minton. and the President, Mr. Uebber, absent) MOTIONS AND MISCELLA}~OUS BUSINESS: POLICE DEPART~.~2{T: !;m. Young brouEht to the attention of Council the recent death of Dr. %!illiam I. Bartlett as a result of a cerebral hemorrhage, who was !involved in a traffic violation and charged with reckless drivin~ and driving while under the influence of an intoxicant, handled through the Police Department~ ~r. !Young calling attention to a letter which the City Manager has previously received i from Dr. J. i~. Dudley, former Com. nissioner of Bealth, in answer to a request from the City Manager regarding the possibility of a training program for policemen whereby they may recognize diabetics~ epileptics, etc.. from persons who are drunk. In this connection, Hr. YounE stated that ke understands that the letter from Dr. Dudley suggested it would be wise for policemen, ~hen in doubt about the junconscfousness of a person ~etng due to liquor, to take the person by an emergency room Of a hospital for an examination, ~. Young advising that as he understands the case of Dr. Bartlett there %~s no doubt in the minds of the arresting officers as to the cause of unconsciousness, stating that this mistake could occur again and moved that tke following questions be referred to the City l!ana£er for investigation and report back to Council: 1. Dr. Dudley's letter suggested that all doubtful cases be taken to a hospital for examination, t~at was done about this? 2. The present reco~endation is to have doubtful cases examined by a doctor Tke last case apparently %ms not a doubtful one. It could happen again - how much more would it cost to examine all arrested as drunks except habitual ones? 2. Many people - those suffering with diabetes, heart diseases, low blood pressure, epilepsy and many other troubles, carry cards signed by their doctors telling of their trouble and of the emergency treatment required. %~y can't we confidentially register all these cards in the police depart ment and check all suspected drunks against this list? 4. Dr. Bartlett is reported to have carried one of these cards on his person at all times. Did the police find it on his person wken he was searched after arrest? 103 cy 104 In this connection, Hr; Hanes suggested that the City Hanager also be reque~ to investigate wh~t the costs would be to provide and equip a cell for confinement of psychiatric cases or cases with suicidal tendencies, Hr. IMnes pointing out ~owever that this does not apply to the case of Dr. Bartlett. ]Ms. Pickett suggested tlmt the city ~nager investigate the question o£ · ocedure and present policy of tondin~ persons ~,o are charged with violations. ~M. I. Ialdrop asked that f~rther efforts ~e ~de to get ~ritten statements fro~Hro Paul D. McCarty and ~M. La~Tence Crockett and from anyone else knowing anything about the case. ~lthf~rther reference to the ~tterj Hr. Hanes asked t~mt any suggestion that the medical authorities have be given consideration in the final report of th~ City Manager. Mr. Young indicating his willingness to include all of the above suggestion: and requests in his original motion, the motion %~s seconded by Mr. hanes and unanimously adopted. There being no further business, Council adjourned. APPROVED ~ ...../~'~///~h~'~'~<~/Clerk ~~ President ed COL*qICIL ~ REGULAR Monday~ December :21, 1953, The Council of the City of Roanoke met in regular meeting in the Circuit Court Room Xn the Municipal Building, Monday, December 21, 1953, at 2~00 o'clock, p. m., the regular meeting hour, wlth the President, Mr. Webber, presiding. PRESENT~ Council members Ranes, Pickett, %~ldrop, Woody, Young, and the President, Mr. Webber ........................... 6. ABSERT~ Hr. Minton ...................... 1. OFFICERS PRESEh~: I~. Arthur S. Owens, City )*~nager, ~M. Randolph G. City Attorney, and Mr. Harry R. Yates, City Auditor. The meeting ~as opened with a prayer by the Reverend C. William Ell~nger, Pastor of First Nazarene Church. 1.1INi~ES~ Copy of the minutes of the special meeting held on Thursday, December 10, 1953, having been furnished each member of Council, upon motion of Mr. Hanes, seconded by ~Ms. Pickett and unanimously adopted, the reading ~.~s dispensed :with and the ~lnutes approved as recorded. HEARING OF CITIZENS ~ON PUBLIC [~TTERS: None. PETITIONS AHD COmmUNICATIONS: ~fATER DEP~RT!~NT: A co~=unication fro~ Dodson and Pence, Attorneys, representing IM. !.Mrphy Thompson, Floyd, Virginia, offering to purchase the timber on the Falling Creek and Beaver Dam ~tersheds consisting of 3600 acres, more or less, for the s~m of $78,000.00 net to the city, was before Council. !.~. Woody called attention to the fact that Council now ~ms the question of whether or not the timber should be cut and sold under advisement and study, stating that if and when the city decides to sell the timber, bids will be called for, and moved that Council take no action on any offers for the timber at this time. The motion %~s seconded by ~. Hanes and unanimously adopted. BUILDING CODE: The following co.~ralnication from Mr. J. S. Darbour, advising that he must withdraw from the appointment as a member of the Board of Appeal for the Building Code, %~s before Council: "Roanoke~ Virginia December 17, 1953 lit. M. K. Moornan, Clerk for the City of Roanoke, Roanoke, Virginia. Dear Mr. Moorman: I have before ne your letter dated September 25, 195~, notifying me of my appointment to the Board of Appeal for the City of Roanoke. This, I consider, is quite a distinction and I ~mnt to thank the Members of Council who thought so well of my capabilities as to confer such an honor on ~e, however, for reasons which I prefer not to discuss here, I feel that I must withdraw from this appointuent. I~!1 you therefore please request the City Council to arrange for a sul stitute and delete ay name from the Board of Appeal. With kind personal regards, I mu Respectfully yours, (Si~ned) J. s. Barbour J. S. Barbour" In a discussion of the matter, 2~. Woody called attention to other appotntm~ to various boards expiring on December 31, 1953, and moved that this appointment, 105 ts 106 alon~ with others, ke carried over until the meeting of January 11~ 1954~ for consideration. The motion ~s seconded by ~r. Young and unanimously adopted, LICENSE TAX CODEr The following co~unication from }M. Francis 3. ~alters~ in connection with the license tax on prlnters~ %~s before Councllt "Decem~r 17, 1953 Hr. Maston K. Hoorn~n, Clerk Roanoke City Council Roanoke, ¥irginia Dear ~. Moorman~ Subsequent to a letter of request~ the undersigned appeared before City Council in behalf of our ~roup askin~ equity in license tax rate with other r~anufacturers in the city covered by Section ~i of the Tax Code. At the tine of that appearance Council referred the matter to a co.~lttee of three for recommendation. You very kindly forwarded to ne copies of a transmittal letber~ dated March 27~ 195~; and recommendation dated ~arch 16~ 1952. From these it vould appear that Council has the necessary reee~nendatlon to act since t~o members of both groups assigned the study are the sane. Since the year is rapidly dra~in~ to a close ~e respectfully urge that action be taken in this matter. If it is the ~lsh of Council~ memt~rs o£ our group can appear. Very truly yours Roanoke Printers Club (Signed) By Francis S. ~'falters" In a discussion of the matter, it was brouEht out that several other request have been made for changes in the License Tax Code for 1954, but that due to lack of time in ~:hieh to complete a study of the License Tax Code in order for it to become effective by January 1~ 1954, Council has continued the study until next year; ~hereupon~ IM. Voody moved that the request of lir. Valters he carried over for consideration at such time as the body co~pletes its study of the License Tax Code. The motion ~ms seconded by Mr. Young and unanimously adopted. REFUNDS AND RE~ATES-LICENSES: A eo~unication from i.Ms. Herbert G. Klrby~ advising that her husband, !.~. Herbert G. KirLy~ has purchased a license as a .cabinetmaker for the entire year of 1952, that Mr. Kirby has been unable to conduct any sort of business for the last half of 195S due to illness and requesting that $20.00 be refunded him, representinc taxes paid for the last half of the year~ :before Council. In a discussion of the r~ter, it ~.~s brought out that the City Attorney has previously ruled that under the requirements of Section iSE of the License Tax Code Council is ~ithout authority to grant the request; ~hereupon~ ~-~. Young moved t~hat the City Clerk for~Rrd a copy of the opinion of the City Attorney to ~.~s. Kirby and that the request be de~ed. The motion ~Rs seconded by ~.~. ~ody and unanimously adopted. COHPENSATION BOARD: Communications from the Chairnan of the Compensation Board tentatively ~ixing the salaries and expenses in the offices of the Attorney for the Co~uon~-ealth, Treasurer, Co=~uissioner of Revenue and Sergeant of the City Eoanoke, ~ms before Council. On motion of ~.~. ~aldrop, seconded by !.~. Hanes and unanimously adopted, the co~uunications ~'ere referred to 1B~4 Budget study. ZONING: A petition from ~s. Annie J. HcCtanahan and others~ asking that a parcel of land lying between Crystal Spring Avenue, S. W., and Jefferson Street, of McClanahan Street~ S. ~., designated as Official No. 10~tOOS, be rezoned from General Residence District to Business District,having been referred to the City Planning Commission for study, report and recommendation, the following coa~unicati, from the Planning Commission with reference to the matter, was before Council: "December 17, 1953. The Honorable B. L. Webber, I~yor, and Members of City Council, Roanoke: Virginia. Gentlemen: In reply to your letter of December 16, 1953, referring to the City Planning Co~ission for investigation, report and recommendation to Council, a petition from ~Ms. Annie J. McClanahaa and others, asking that 0.E43 acre of the northern portion of Official Lot No. 1041003, located on the west side of Jefferson Street north of McClanahan Street, be rezoned from a General Residence District to a Business District: £he property in question has been inspected by several members of the City Planning Co~ission, and an opportunity %~s given to the petitioners and their attorney to appear before the Co~nission and explain the proposed use of said tract of land. The Cam. mission feels that the location of said property is such that every precaution should be taken to protect the properties in that lnuediat( section from commercial or industrial interests whbeh %~uld affect adversel~ their existing uses. It believes, however, that said property is not suite! located for restricted residential use, and that the rezoning of said tract of land for the type of business building planned will serve as a barrier between existing industrial and business uses and residential uses, and as a protection to the entrance to a residential sectien. The City Planning Car. mission recommends that the request of the petitioners that said tract of land be rezoned to a Business District be granted. Respectfully submitted, (Signed) J. Dreakell Vice-Chairman." On motion of l~Ms. Pickett, seconded by ~. Waldrop and unanimously adopted. the City Clerk %ms instructed to publish proper notice of a public hearing on the question of rezonin~ to be held at 2:00 o'clock, p. m., Monday, January 18, 19S4. ZONING-SETBACK LI~rES: A communication from Dodson and Pence, Attorneys, representing Southern Oxygen Company, Incorporated, asking that tile provisions of Ordinance No. 1907, insofar as they pertain to a setback line on Center Avenue, iN. W., be %~ived with respect to the property at, ed end OCCUpied by Southern Oxygen Company, Incorporated, on the northerly side of said street at its intersection with Sixth Street, N. W., having been referred to the City Planning Co~mission for study, report and reco~uendatlon as to the present need for the existing setback lines on Center Avenue, the following com-n~icatlon from the Planning Co~nission with reference to the matter, %~s before Council: "December 17, 1983 The Honorable R. L. ~ebber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemen: In reply to your letter of October 12, 19S~, referring to the City Planning Co~/sslon for study, report and reco~endation, the question of the need for the existing setback lines on Centre Avenue: The Co~llsstonhas made an inspection of Centre Avenue, and kas given considerable thought to the question. As to the setback llne on Centre AVenue from 2nd to Sth Street, N. Centre Avenue between these twa streets serves as a main outlet for traffic from the do%~nto~n area, and the Comnlssion feels that the existing setback line, which provides for a GO-foot street~ should be maintained for future street widening. In regard to the setback line on Centre Avenue from 5th to llth Street: Traffic from the north%~st downtown area and also from the southwest do~- to~rn area can be dispersed into several streets going west from ~th Street 107 108 N. W.--Shenandoah, Centre, Loudon and Ollmer Avenues and Hoorman Road--with equal freedom of movement except for vehicles parked on said streets, all of ,~lch streets are of the same width. Shenandoah Avenue and Moornan Road probably carry the greatest amount of traffic, and setback lines exist on both these streets to provide for 60-foot streets, with an additional 10-foot setback on the north side of Shenandoah Avenue between lOth and llth Streets. . The setback line on Centre Avenue between 5th and llth Streets provides for a future right-of-way width of 70 feet, the sa~e width as U. S. Rt. 460 (Orange Avenue) from Wllliamson Road to llth Street, N. W. In view of these circumstances, the Commaission questions the necessity for retaining the existing setback line on Centre Avenue from 5th Street to llth Street, N. W., for future street widening when there seems little likelihood of widening said street for years to come. Respectfully submitted, (Signed) J. Breakell Vice-Chairnan." In a discussion of the natber, IT. Hanes asked IL. Pence, Attorney represen! ing Southern Oxygen Company, Incorporated, if a resolution or some lnstr=nent waivir the setback llne as it may apply to the Southern Oxygen Conpany, Incorporated, pro- perty would be satisfactory~ lT. Pence advising that he would first ~nt to take th~ question up with his client before agreeing to any ~iver. After a further discussion of the r~tter, l~. Hanes moved that the question~ be carried over for one ~:eek. In a discuss~on of the notion, IT. Woody suggested that in the meantime the City Manager have the traffic department m~ke a study of the possible needs or plans for the street and report back to Council. The notion, as ~uended, ~s seconded by Mr. Waldrop and unanimously adopted. '£AT~R DEPAR~FJ;T-HEAL~t DEPARTi/EI;T: A co~uunication from Dr. Edwin J. Palme~ in connection with fluoridation of the city's ~ter supplies advising that he w fshes to ~ithdraw his for~er objection to use of fluorine and now endorse the progr~u as a public health ~easure; also, additional co~uunications from :~s. Felix K. Parker, lT. Malcolm L. ~.~orrell and I~s. Judith D. Henderson, eith reference to the program, were before Council. The co~unications were filed. POLICE DEPAR~NT: A co~unlcation and Resolution fro~ the Roanoke Building Trades Council, urging that every possible s),~pathetic consideration be given to the request for adjustment in ~mges and hours of employment of members of the Police Department, ~.~s before Council. On notion of ~T. Young, seconded by 1.Ts. Pickett and 'unanimously adopted, the co~uunlcation and resolution ~re filed for further consideration in 1~54 budget study. COI~;CIL: A co~muntcation from the Fourth Grade Class of I.Ts. Frances D. Hancock at 1~sena School, expressing appreciation for the privilege of attending the Council neet!ng of November 23, 1953, ~s before the body. On notion of IT. Woody, seconded by lT. Hanes and unanimously adopted, the City Clerk %~s instructed to ackno%~!edge receipt of the co.~uunication. REPORTS OF OFFICERS: CONTRIBb~IOHS-VIRGINIA S~ATE CttA]~ER OF CO~[ERCE: The City l~nager submitted the following communication from lT. R. V. Schenck, President, Virginia State Chanbe ~f Co~uerce, asking that consideration be given to an appropriation for the promo- tional %~rk of the Virginia State Chmuber of Commerce: 109. ~l)ecember 16~ 19~3 Mr. Arthur S. Owens City ~nager Roanoke, Virginia Dear }~. Owenss At the suggestion of our Roanoke directors of the Virginia State Chamber of Commerce, I a~ writing to you for consideration of an appropriation by the City of Roanoke for the promotional work of the Virginia State Chamber. The Virginia municipalities are being asked to support the State on the basis of one cent per capita. At present 27 Virginia municipalities are enrolled ms supporting members. Such support is Justified by the increase In tax values and the new buslness developed for municipally owned public utilities through the over-all statewlde promotional work accomplished by the Virginia State Chamber. The record of such accomplishment over the past quarter century is reflected by the enclosed excerpts fro~ statistical data of the Census Bureau. Every citizen and property owner in Roanoke benefits directly or indirectly fro~ such ~rk. The business firms, which are the most direct beneficiaries, support the ~rk th_rough voluntary membership subscriptions. The m~ss citizenry, however, make no investment in this promotional program. An appropriation of one cent per capita by the municipalities, therefore, helps to relieve that deficiency. We trust that you ~ill favorably recoxnend an appropriation by the City Council of Roanoke. Sincerely yours, (Signed) ti. V. Schenck President" On motion of IS. tlanes, seconded by l.~. Youn~ and unanimously adopted, the communication was referred to 1954 budget study. AIRPORT: Council at its meeting of June 15, 1953, havin~ deferred action on the offer from Hr. Edd Sharpe and }M. C. R. Adcock to sell to the City of Roanok~ a portion or all of the Bushong F. state and the land lying on the north side of the Airport Road, fronting the Coulter Farm, for run,'ay extension at the Airport, and havln~ concurred in the suggestion of the City llana!er that there is no need for Council to make an L~.uediate decision and that the city a~alt official action from the Civil Aeronautics Administration as to any available funds that nay be obtained by the city to be used in an expansion program, the City Manager submitted the following report with reference to a rene~ed offer to sell to the city 34 1/2 acres of land lying northeast of the Airport Road near the junction of Routes 117 and 118 at $1,000.00 per acre: "Roanoke, Virginia December 21, 1953 To The City Council Roanoke, Virginia Members of Council: The following letter from I,~. Fra~ L. }~itchell concerns approximmtely ~5 acres of land near the Junction of Routes 117 and 118 to the northeast of the Airport: 'December 17, 1955 1~. Arthur S. O%'ens, City ~hnager City of Roanoke Virginia Dear Sir: On the 24 of September, 1955, I secured an option on 56 1/2 acres the remaining balance of a 60 acre tract of land according to survey showin a division of the Rarry I. Bushong farm of 242.3 acres. Since the above date I have sold 22 acres off the ~6 1/2 acres, a rer~aining balance of S4 1/2 acres I am privileged to offer to the City of Roanoke ~ S1,000 per acre, or $34,800.00. I want to remind you that there is on the north boundary of this tract a good place formerly used for getting out limestone rock and if the City and County will ever need a plot on which to dmmp and burn garbage I am of the opinion that a more suitable location could not be found. 110 It is a half-mile from my old friend Prof. E. M. Coulter:s estate and on th~ opposite side of State High, ray 118 and 699 feet south of State Hlgh~ay 117 intersection. For you~ Information and those gentlemen of the Council for our beloved Clt: I m~ enclosing herewith a map showlr~ the 34 1/2 acres marked lines in "red' I have good reason to think I can sell this l~nd before my option expires; however, I an firmly convinced that the City should ~e given the right to purchase before I talk some other parties in to buytngo I trust you will let ne hear from you as soon as possible, and very much oblige. Very truly yours (Signed) Frank L. Mitchell Frank L. Mitchell, Realtor' I mn bringing this to you for your information as pending a decision the Airport precludes me from making a recommaendation on this property. Respectfully submitted, (Signed) Arthur S. Owens City l~nager" In this connection, the City Manager subrtltted the following report on the status of the present Airport Project: "Roanoke, Virginia December 21, 1953 To The City Council Roanoke, Virginia l~embers of Council: On December 7, you appropriated $13,6~.00 as your half of the Airport Project which was In. Jewell's contract of $2~,000.00, plus engineering, contingencies, etc., which rounded out the $27,000.00. If you will recall, this ~us a portion of a $50,000.00 project for repairs to the Airport; and I ~.~s explicit at this meeting to advise you that ~.Rs the termination of the contract. I also advised you ~e had received $12,500.00 from the State; and sine this report, an additional $15,000.00 is now in the Auditor's hands, aggregating a total of $27,500.00 of State money to'.Rrd the $50,000.00 project. I am in receipt of the following telegram from the Civil Aeronautics Administration; and if Council desires to go ahead with this project, action should be taken immediately in order that funds might be incorporate~ in the special project for this year's operations: 'CIVIL AERONAUTICS AE4INISiRATION December 10, 1953 Combined Facility, Harrisburg, Pa. District Airport Engineer, ADO-3 "D" Message to Roanoke, Va. I.t~RSHALL HMRRIS, AIRPORT ~m~AG~, ROA~OKE ~VuUIICIPAL AIRPORT, ROANOKE, VA. Advise Broyles authority obtained for changing plans and specification covering Project 9--I~-012-~05 Roanoke Municipal Airport to provide note adequate apron and thereby removing hazard caused by foundation remaining after removal of old terminal building. Additional work to be handled by change order and kept within limits of presently authorized project funds. Authority also obtained for &mending grant description to delete references to removal and relocation of old terminal building, remodeling as equipment building and construction of extension to access road. Grant amendment covering this change will be forwarded for execution in about one week. F. A. Carboine, DAE' This would permit the completion of the work as started in the area i~mediately in the front and on the side of the Airport Administration Building, the removal of a dangerous hump, and complete additional Mork, al to be kept within the limit of the presently authorized project fund. Respectfully submitted, (Signed) Arthur S. Owens City Manager" In a discussion of the offer and report, it ~s brought out that in the near future runway extensions will have to be considered in order that the airport will be able to acco~uodate newer and more modern aircraft. After a further discussion of the matter, I.M. Hanes moved that the offer to sell the land and the report of the Clty l~nager on the status of the present proJec be referred to 1954 budget study. The motion ~as seconded by Itt. Waldrop and unanim adopted. CITY ~tYSICIAN~ The City l~na£er suhv/tted ~ritten report from the City Physician for the month of November, 1953t shoving 60~ office calls and 6~ prescrip tions filled, as compared with 569 office calls and 720 prescriptions fllled for the month of November, 1952. The report was filed. DEPAR~.~J;T OF PUBLIC ~.~LFARE: The City ~Mnzger submitted written report fro: the Department of Public Welfare for the month of Nove=ber, 1953, showing 1,541 case handled at a total cost of $69,~07.73, as co~pared with 1,491 cases handled at a total cost of $70,027.90 for the month of November, 1952; also, ~itten report for the month of October, 1953, showing 1,5S1 cases handled at a total cost of as co~pared with 1,477 cases handled at a total cost of $67,000.60 for the month of October, 1952. The reports were filed. REPORTS: The City ~.Mnager submitted ~ftten reports fro~ the Department of Air Pollution Control for the months of July, August, September and October, 19SS; the City Harket; the Department of Building and Pl=~bing Inspection; the Department of Parks and Recreation; the Electrical Department; the Health Department; the ~Mniclpal Airport and the Purchasing Department for the month of November, lOSS. The reports were filed. DEP~Ti~--JfT OF ~LIC I-~LFARE: The City I[anager submitted ~.~itten report covering the expenditures and activities of the Department of Public Velfare for th~ month of October~ 1952, in compldance with Sections CS-67.1 and 62-~7.2, Code of Virginia. The report was filed. BL~GET-GARAGE: The City Manager submitted written report requesting a transfer of $1,000.00 from Tires to Parts for ~otor Equipment in the Garage account of the 195S Budget. ~.~. ~ody moved that Council concur in the request of the City Hanager and offered the follo~tng e=ergency measure: (#1202G) AN ORDINANCE to mmend and reordain Section ~99, "Garage", of the 105S Budget Ordinance, as a~ended, and providing for an emergency. (For full te×t of Ordinance, see Ordinance Book No. 20, Page SS.) ~. ~foody moved the adoption of the Ordinance. The ~otion w~s seconded by !.~. 14aldrop and adopted by the following vote: AYES: Council members Hanes~ Pickett, ~aldrop, Voody, Young, and the President, !~. Webber ................. O. NAYS: None .................... O. (~. Minton absent) ~LF.&RE DEPARTmeNT: The City ~r~ger submitted ~itten report together with a letter from !~. J. H. Fallwell, Director of Public ~elfare, eetting out the full status and giving an explanation of the Andrew J. Moore and James Lee Ferrls applications for public assistance. In this connection, the City Clerk called attention to the following co~uunication fro~ the Department of Welfare and Institutions: 111 usly 112 "December 16; 1953 Hr. M. K. Moorman, City Clerk City of Roanoke Virginia Dear {~r, This is to acknowledge receipt of a copy of a petition signed by citizens and neighbors of Mr. Andrew J. I!oore, and also a copy of a co~.nunication from Mr. Janes Lee Ferris, This department is quite familiar with the circumstances of Mr. Moore and /M. Ferris. Unfortunately, neither Fa. Moore nor rM. Ferris are able to accept the fact that their eligibility for public assistance has been deternined in accordance with statutory provisions and the rules and. regulations of the State Board in the same manner that is applicable for all applicants and recipients of public assistance. Sincerely yours, (Signed) Eula Jane Armstrong (Miss) Eula Jane Armstrong, Chief Bureau of Public Assistance" The cor~uunicatlons were filed. BUDGET-CO:~IISSIOL~R OF REVECIL~: The City /~nager submitted ~Tltten request that an appropriation of $~0.00 be made to the Automobile Allo%mnce account under "Cor~nissioner of Revenue" of the 195~ Budget, advising that due to mn oversight in making up the 1953 Budget there %~s not enough money appropriated to cover the automobile expenses for the City License Inspector. ~[r. Valdrop moved that Council concur in the request of the City /[an~ger an offered tile following as an emergency measure: (~12027) AN ORDINANCE to amend and reordaln Section ~S, "Co~uissioner of th~ Revenue", of the 195~ Budget Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance'Book No. 20, Page /Ir. %faldrop moved the adoption of the Ordinance. The motion %.~s seconded by Hr. %~oody and adopted by the following vote: A~S: Council members Hanes, Pickett, Valdrop~ %reedy, Young, and the President~ /.Ir. %febber .................... ;~AYS: ~fone ....................... O. (Mr. Minton absent) STATE BIGI~'~AYS !'fI~IIN CITY LIMITS-STREET %fIDENING: The City Manager advised that he would like to discuss %zlth Council in executive session a property acquisi- tion on Ilershberger Road, N. %L Later during the meeting an executive session %Rs held, after %%ich Young moved tDmt the City Attorney be requested to prepare the necessary measure iproviding for condemnation of that portion of the Gregory L. Smith property needed for the widening of Hershberger Road. The motion %ms seconded by l~. Waldrop and unanimously adopted. REPORTS OF CO:.~IITTEES: SALE OF PROPERTY: The City Manager presented ~Titten report from the city's real estate committee recor~mending the sale of two city o%med lots located on Buford Avenue, S. W., between VarMick Street and Bridge Street, described as Lots Block 18, Section S, Map of Roanoke Development Corporation, for $180.00 each, cash net to the city, to ~s. M. H. %ll!bur. On motion of Mr. Woody, seconded by ~. Waldrop and unanimously adopted, the report of the co~uittee %~s concurred in and the City Attorney requested to prepare the necessary Ordinance providing for the sale of the lots. U~FINIS~ BUSINF-~S~ None. CONSIDERATION OF CLAII~St None. INT~0DUCTION AND CONSI'DEEATION OF O~DIN~;CE$ AND I%ESOLUTIONS: ZONING-SETBACK LI~S~ Ordi~nce No. 1~2~ establishing a set~ck line on north side o~ Sale~ Avenue, S. ~.~ ~etveen First ~treet and Fifth S~reet~ ~vlng previously ~een %efore Co~cil for ~ts first reading, read and laid over, ~ms again ~Eefore the b~y~ ~. Young offering the followl~ for its second readin8 and final ~adop~lon~ (~12022) ~ ORDINanCE es~ablishin~ a set~c~ line on the north slde of Avenue, S. W., between ls~ S~reet, S. W., and 5th Street, S. W., said set~ck line ~be located 60.0 feet northerly fro~ the present established sou~h line of Sale~ Avenue, S. ~., between sal~ streets, to provide for the ~idenin~ of Sale~ Avenue, ~]S. %:., between said streets, to a 60-foot wide street. (For ~11 text of Ordinance, see Ordinance Book No. 20, Pa~e ~.) ~. Yo~ noved the adoption of the Ordinance. The notion %ns seconded by Mr. Waldrop and adopted by the following vote: A~S: Council nenbers Hanes~ Pickett, Waldrop, Woody, Young, and the President, ~. Webber ............... NAYS: None .................. O. (Hr. Hlnton absent) SA~ OF PROP~TY: The City Attorney havin~ teen requested to prepmre an Ordinance providinE for the sale of Lo% 11, Block 23, %:asena Hap, Off~ci~l !:o. 12~1~11, o%~ed by the city~ he presented same; whereupon, Mr. ~oody noved that the followin~ Ordinance he placed upon its first readinc. The notion %ns seconded by Hr. iIanes and adopted by the following vote: A~S: Co~cil mem~r~ Han~s, Pickett, Valdrop~ Voody, YounE, and the President, Hr. Webber ........ 6. NAYS: None ........... O. (}-~. ~inton absent) (f1202E) AH ORDINA~CE provldlnc for the sale of Lot 11, Block 23, %~a~ena Map, by the City of Roanoke to Hr. A. L. Roberts, at a consideration of $500.00 ~cash$ and authorizing the execution and delivery of a deed therefor. BE IT ORDAII~D by the Council of the City of Roanoke as follows: 1. That sale be made hy the Cl~y of Roanoke to Mr. A. L. Roberts of Lot 11, Block 23, %~sena Hap, at a consideration of $~.~ cash, net to the City. 2. That the proper City officials be, and they are hereby, authorized and directed, for and on behalf of the City, to execute and deliver a proper deed, to be prepared by the City Attorney, conveying, with Special Warranty of t~tle, the above- descried property to the proposed purchaser and to deliver the same, properly ~executed, upon receipt of the cash consideration. ~e Ordinance having been read, was laid over. ROTIONS AND HISCEL~OUS BUSIneSS: None. There belnz no further business, Co~cil adjourned. APPROVED ll.q 114 COUNCIL~ REGULAR MEETIRGg Monday, December 28, 1953. The Council of the City o£ Roanoke net in regular meeting in t~e Circuit Court Room in the Municipal Building, Monday, December 25, 1953: at 2..00 o'clock, p. m., the regular meeting hour, with the President, Mr. Webber, presiding. PRESEJIT: Council members Ranes, Minton, Pickett, ~!aldrop, Woody, Youqg, and the President, '.~r. Webber ............ 7. ABSF. NT .. None ................. O. OFFICERS PRESENT.' Mr. Arthur S. Owens, City Y~nager, tit. Randolph G. ~,.~xittl City Attorney, and lit. Ratty R. Yates, City Auditor. The meeting ~ms opened with a prayer by the Reverend Clifton C. McCoy, Pastor of Bethany Christian Church. MI,h%~ES: Copy of the minutes of the regular meeting held on Monday, Dece~be 14, 1953, having been furnlsbed each member of Council, upon motion of ~M. Hanes, seconded by Hr. Minton and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. REARING OF CITIZENS UPON P'u~BLIC ~.~TTERS: None. PETITIONS AND CO~.~..%~,~ICATIONS: POLICE DEPARTMENT: A co.~unication from Mr. R. ti. Youell, Director, Dtvisic of Corrections, State Department of l.felfare and Institutions, together with a repot on the police lockup of the City of Roanoke which was inspected on Dece~.her 2, 1952 %:as before Council. The report and co.~nunication %~ere filed. CITY JAIL: A co=uunication from Mr. R. M. Youell, Director, Division of Corrections~ State Department of ~elfare and Institutions, together with a report on'the jail of the City of Roanoke which ~s inspected on December before Council. The report and comuunicatlon were filed. REPORTS OF OFFICERS: ZOL~IRG-SETBACK LI~S: The City Manager having been requested to have the Traffic Department make a study of the need for the present setback lines on Centex Avenue, N. ~{., between Second Street and Eleventh Street, and to report back to Council, he submitted the following report: "Roanoke, Virginia December 2S, 1955 To The City Council Roanoke, Virginia Members of Council: The following letter from Captain Frank H. Webb, Superintendent of Police, is concurred in by me with the additional fact that during the past quarter century nearly a dozen property o~ners have observed setback lines: 'DATE: December 23, 195S TO: !~. Arthur S. (~^~ens, City Manager FROM: Captain F. R. Webb, Superintendent of Police Dear Sir: In regards to the setback line on Center Avenue from Second Street to Eleventh Street, Lieutenant R. M. Harris and I recommend that it remain as it is at present. In the future when the viaduct is completed traffic may be heavy enough to make Center Avenue a one ~ay street west bound and Shenandoah Avenue one ~y east bound. If this proves necessary the present setback line will he lm keeping with future plans. Very truly yours, (Signed) F. II. Webb Captain F. H. Webb Superintendent of Police' Certainly no ham can be done to anyone if the setback line is retaine and long-range planning makes us believe that the setback line should be preserved. Respectfully submitted, (Signed) Arthur S. Owens City Is~nager" In a discussion of the matter, the City Attorney advised that Mr. Richard F. Pence, Attorney~ representing Southern Oxygen Company, Incorporated, whose building ~s not c~nstructed in compliance with existing setback lines, ~s called him and stated that he ~s unable, due to the holidays, to contact his clients and is requesting that the m~tter be continued for one week; whereupon, the question %.ms carried over and the Clerk requested to place the matter on the agenda for the meeting of January 4, 1954. TRAFFIC: Council having previously taken under advisement a request from Mr. George I. Vogel, Attorney, representing certain business operators on Jefferson Street, that parking restrictions be removed from the ~mst side of Jefferson Street between Elm Avenue and Albemarle Avenue, and having requested that the City ~anacer mmke reco~mendation to Council as to the advisability of installing parking meters on Mountain Avenue, Highland Avenue and Albemarle Avenue, for a distance of one block east and west of Jefferson Street, tke City ]!anager submitted the following report: "Roanoke, Virginia December 29, 1953 To The City Council Roanoke, Virginia Members of Council: The following report from Captain Frank H. Webb, Superintendent of police, is concurred in by ne with the additional reco~uendatlon that we experiment with Nos. 1 and 2 t~medfately: 'December 23, 1953 To: ~. Arthur S. O~ens, City Manager From: Captain F. H. Webb, Superintendent of Police Subject: Parking on Jefferson Street Sir: In reference to parking conditions on South Jefferson Street and adjacent avenues, it is the opinion of this department that the complaints received are due to all-day parking, a matter that can be rectified by changing the naxtnu~u al!o%mble parking period during business hours. The following changes are recommended to correct this condition: 1. A~uend the present parking restrictions on South Jefferson Street, east side from Elm Avenue to Albe~rle Avenue to read, One Rour Parking from 9:00 A.M. to S:O0 P.M. instead of Three Hours Parking from 9:00 A.M. to S:O0 P.M. 2. Following observance of the initial change, place one hour parking restrictions on Elm, Highland and Mountain Avenues one block east and west of Jefferson Street if deemed necessary. S. Extend parking meters south on Jefferson Street and cross avenues if changes one and t%~ fail to provide the desired results. Respectfully, (Signed) F. H. Webb Captain F. H. %~ebb Superintendent of Police' Respectfully submitted, (Signed) Arthur S.' Owens City ~nager" 115 In a discussion of the matter, ~r. Young voiced the opinion that he feels Albemarle Avenue should f~ included in the reco..~aendation; vhereupon, fir. ~o~y moved t~t Co~cll concur In the recox~e~ation of the City }Mnager and t~t the one ho~ parking restriction also ~ placed on A1Be~rlo Avenue extending one block e~st and west of Jefferson Street. The notion ~s seconded ~y IM. Young and adopte~ ~y the follovlng vote~ l~ Council members llanes~ Plckett~ ~aldrop~ ~fo~y~ Yo~g~ and the Presldent~ ~M. ~feb~r ............... NAYSINone ................... O. (~. Minton not voting) DEP~ OF ~-~S~ Council at l~s ~eetlng of October 1~, 1953~ having taken under advisement a report from the City ~nager in regard to changing the city's policy of tree planttng~ he suLmltted the follovlng additional report, together with copy of an Ordl~nee of the City of A~n the planting of trees~ "Roanoke, Virglnia December 28~ 1953 To TheCity Council Roanoke, Virginia Iiembers of Council: Several months ago, I discussed with you the possibility of changing our tree planting program; and I have a copy of an ordinance plus zone comments from our Director of Parks and Recreation. It is possible that the ordinance may construe tree planting off and on City streets to he a planning function. It may be the part of precaution to for~rd these reco~nendations to the Planning Comnlsslon for their consideration. I think it would also be appropriate for Mr. Hunter and possibly other members of the City Government to be present at the Planning Cor. uission to present our views concerning the need for this change. Respectfully submitted, (Signed) Arthur S. Owens City ~anager" On notion of ~. lfaldrop, seconded by Mr. Hanes and unanimously adopted, the report ~as accepted and referred to the City Planning Co~uission for study, report and reoo~uendation to Council. AIRPOHT: Council having referred to 19S4 budget study the question of eithe~ acquiring ~4 1/2 acres of the Bushong Estate at a consideration of $~,$00.00, for run~ay extension at the Roanoke Huniclpal Airport, or extending the present project at the Airport to include additional paving in the total amount of $80,000.00, with available State and matching Federal funds, the City I~nager sub~itted ~ritten report, together with a telegr~u from the Civil Aeronautics Ad~inlstratfon, advisin~ that the available matching Federal funds ~ay be used for additional paving, but that these funds cannot he diverted to other usee and are subject to withdrawal at any time. After a discussion of the matter, the City ~nager, upon questioning hy Council, expressing the opinion that there is a possibility of obtaining subsequent Federal funds to r~tch the available State funds for a new project including run,my extension at the Airport sometime next year, and Council indicating a desire to consider the initiation of a new project for run,my extension, rather than extendi~ the present project to include additional paving, Mr. Young moved that the report of the City Manager be filed for further consideration in connection ~lth the body' study of the matter in 1954 budget study. The ~otion was seconded by ~. ~oody and unanimously adopted. GP~ADE CROSSINGSt The City Mana£er advieed Council that he is in receipt of a letter concerning the Trompeter property needed in connection with the construc- tion of the Jefferson Street Grade Crossing Elimination Viaduct, stating that he ~.~uld like to discuss the letter with the body'ln executive session. Later during the meeting, an executive session was held on the matter presented by the City Manager, and also at the request of the City Attorney and Hr. Young, respectively, after which no Official action ~ts taken. POLICE DEPARTMENT: The City F~nager submitted ~Titten report fro.u the Polic Depart=crib for the month of Nove=ber, 1953. The report was filed. DEPAR~[ENT OF PL~BLIC ~.~LFARE: The City llanager submitted ~ritten report from the Department of Public ~'elfare, covering the expenditures and activities of the departr, ent during the month of November, 1953, in compliance with Sections 63-67.1 and 63-G7.2, Code of Virginia. The report w~as filed. STREETS AND ALLEYS: The City Manager submitted u~ltten report advising that ~:esthampton Hones, Incorporated, desires to deed to the city a small piece of property located at the J'~uction of Grandin Road and Carlton Road, S. ~.-:., to he used for street purposes, together ~'ith draft of an Ordinance as prepared by the Legal Department providing for the acceptance of the land. After a discussion of the proposal, !.ir..Minton moved tRat the matter be tabled and placed on the agenda for January 4, 1954. The notion vms seconded by !.ir. Young and unanimously adopted. REPORTS OF CO~2,'ITTEES: Uone. UNFINISheD BUSI!~SS: None. CONSIDerATION OF CLAIMS: None. INTHODUC?ION AND COr;StDERATION OF ORDINANCES AND RESOLUTIO.5'S: SALE OF PROPERTY: Ordinance No. 12022, providing for the sale of a city o~med lot described as Lot 11, Block 23, lfasena !lap, to Hr. A. L. Roberts~ having previously been before Council for its first reading, read and laid over, ~.~as agai~ before the body, Mr. Minton offering the follo~,ing for its second reading and final adoption: (~1202S) AN ORDINANCE providing for the sale of Lot 11, Block 2S, ~':asena Map, by the City of Roanoke to 2,ir. A. L. Roberts, at a consideration of $500.00 cash; and authorizing the execution and delivery of a deed therefor. (For full text of Ordinance, see Ordinance Book No. 20, Page ~ir. Minton moved the adoption of the Ordinance. The motion ~s seconded by Mr. ~faldrop and adopted by the following vote: AYES:Council members Hanes, Minton, Pickett, :.faldrop, Woody, Young~ and the President, Mr. ~.febber ............ 7. NAYS: None ................... O. SALE OF PROPERTY: The City Attorney having been requested to prepare an Ordinance providing for the sale of Lots 25 and 26, Block 1S, Section S, !.!ap of Roanoke Development Corporation, o's'ned by the city, he presented stone; ~hereupon, Ur. Hanes moved that the follow, lng Ordinance be placed upon its first reading. The motion ~.ms seconded by Mr. Waldrop and adopted by the follo'.'lng vote: AYES: Council members Manes~ L'lnton, Pickett, l.~aldrop~ Woody, Young, and the President, Mr. ~.,'ebber ............... 7. NAYS: None ...................... O. 117 118 (~12029) AN ORDIN~iCE providing for the sale by the City of ~ts Eo. 25 and No. 26, Block 15, Section 3, ~p of Roanoke ~velopment Corporation, to ~Ms. M. tt. Wilbur for $I~.~ each, cash, net to the City ; and authorizing the execution and delivery of a deed therefor. BE IT ORDAI~ by ~e Co,ell of the City of Roanoke as follows: 1. T~t sale ~ ~de by the City of Roanoke to l~s. M. H. Wilbur of Lots No. 25 a~ No. 26~ Block 15, Section S, ~p of Roanoke Development Cor~ration, at a consideration of $1~.~ each, cash, net to the City. 2. That the proper City o£flclals be, and they are ~re~, authorlzcd and directed, for and on behalf of the City, to execute and deliver a proper deed, to be prepared ~ the City Attorney, conveylnc, with Special Warranty of title, the above-descried property to the proposed purchaser and to deliver the sane, properl executed, upon receipt of the cash consideration. The Ordinance having been read, ~s ~ld over. !lOTIONS AND I!ISCEL~!~OUS BUSINGS: None. T~re being no ~rt~r business, Council adjourned. APPROVED COUNCIL, REGULAR HEBTINO: Honday~ January 4, 1954. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the ~unicipal Building, Ronday, January 4, 19~4, at 2:00 o~clock: po mo, the regular meeting hour~ with the President~ Mr° Webber~ presiding, PRF~NT: Council members Hanes, Minton, Pickett, b.~ldrop, Woody, Young, and the Presideht, Mr, Webber ............ 7, ABSENT: None ................. O, OFFICERS PRESENT: Mr. Arthur So Owens~ City Nanager, Hr. Randolph G. Whittl~ City Attorney, and Mr. Harry Ro Yates, City Auditor. The meeting was opened.with a prayer by the Reverend John D. Richardson, Pastor o£ the Foursquare 6ospe! Church. MINUTES~ Copies of the minutes of the regular meetings held on Monday, December 21, 1953, and Monday, December 28, 195~, having been f~rnished each member of Councils upon notion of Mr, Minton, seconded by H~, Yovn§ and tmanimously adopte~ the reading was dispensed with and the minutes approved as recorded. At this point, the President~ Hr. Webber, recognized and welcomed Mrs. Carleton H. Wright and Mrs. I. F. Hullen, representing the Lea~ve of Women Voters of Roanoke, who were present to observe the proceedings of Council. HEARING OF CITIZENS UPON I~JBLIC MATTERS: WATER DEPARTMENT: Pursuant to notice of advertisement for bids for furnishing Fluoridation Equipment for Carvlns Cove Filter Plant, Crystal Springs Pumping Statl. and Falling Creek Filter Plant, according to specifications furnished by the Water Department, said bids to be received by the City Purchasing Agent until 2:00 o'clocl p. m., Monday, January 4, 1954, and to be opened before the Council of the City of Roanoke at that hour, the President, Mr. Webber, asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there were any questions anyone ~uld like to ask, and no representative present raising any question, the President instructed the City Clerk to proceed with the opening of the two bids received. The bids having been opened and publicly read before Council, Mr. Woody offered the following Resolution: (#12030) A RESOLUTION referring bids for furnishing Fluoridation Equipment for Carvins Cove Fllber Plant, Crystal Springs Pumping Station and Falling Creek Filter Plant to a committee composed of Mr. Arthur S. Owens, City Manager, Mr. G. B Ruston~ Acting Manager of the Water Department, and Mr. R. R. Moss, Purchasing Agen for tabulation and report to the Council of the City of Roanoke at its regular meeting on Monday, January 11, 1954. (For full text of Resolution, see Ordinance Book No. 20, Page 87.) Mr. Woody moved the adoption of the Resolution. The motionwas seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Banes, Minton, Pickett, Waldrop, Woody, Young, and President, Mr. Webber ........... 7. NAYS: None ............... O. At this point, it was brought to the attention of Council that although the body at its meeting on November 9, 1953, went on record as endorsing the of the city's water supply, it has never adopted an official measure providing for 119 120 the fluoridation of the watert and at a public hearln~ on December 10, 1953, the =attar was taken under advisement for further consideration at so~e future date; whereupon, Mrs. Pickett moved that the City Attorney prepare the proper measure providing for the fluoridation of the city*s water supply and present same at the next regular meeting of Council. The motionwas seconded by Mr. Hanes and unanimou adopted. PETITIONS AND CONJ/UNICATIONSr LICENSE T~ CODE~ A communication from Mr. Robert P. Woodson, asking that :onsideration be given to reducing the license tax on small contractors, was ~efore ~ouncll. On motion of Mr. Waldrop, seconded by Mr. Woody and unanimously adopted, ;he connunication was referred to License Tax Code study. LICENSE TAX CODEr A com~unlcation froth rs. Audrey A. Harris, asking that Electrologists be Included in the License Tax Code, vas before Council. On motion of Mr. Hanes, seconded by Kr. Hlnton and unanimously adopted, the communicationwas referred to License Tax Code study. POLICE DEPARTHENTr A commmication from Itt. R. G. Culbertson, suggesting that before any per~anent measure is taken regarding the handling of suspected drunks to prevent a recurrence of the ease of Dr. William I. Bartlett who died in a hospital of a cerebral hemorrhage the day after he had been held ~y police for several hours on a charge of drivSng while under the influence of intoxicants that it probably would ~e a good idea to appoint a citizens co~ittee to make reco,~enda tions, or probably hold a public meeting, was before Council. In this connection, the City Clerk also brought to the attention of Council a conmmication from~rs. Joseph D. Logan, Jr., urging that the body take all steps necessary to make a recurrence of the Bartlett case impossible. On motion of Mr. Hanes, seconded by Mr. Waldrop and unanimously adopted, tht com'~Anications were referred to the City Manager for his information in connection with his study of the matter. REPORTS OF OFFICERS: WATER DEP~HTM~2~Tr Council having previously referred to 1954 budget study the question of engaging the services of a consulting engineer in connection with the city's public water system for another year, the City Manager su~-aitted written report, together with draft of a Resolution, authorizing him to engage the services of the consultant, and asked that the Resolution be adopted; whereupon, Mr. Minton offered the following: (~12031) A RESOLUTION authorizing the City Manager to engage the services o: a consulting engineer in connection with the City's publicwater system;fixing the amount of compensation to be paid to such engineer; and providing for an emergency. (For full text of Resolution, see Ordinance Rook No. 20, Page 88.) Mr. Minton moved the adoption of the Resolution. The motio~was seconded Mr. Waldrop and adopted by the following voter AYESr Council members Manes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. WJbber .......... 7. NAYS: None ................. O. WATER DEPARTMENT~ The City Manager submitted the following report, with reference to final approval of amendments to the contract of corer Construction Company for Project No. 4 of the Water Departmentr #Roanoket Virginia January 4t 1954 To The City Council Roanoket Virginia Members of Councils On November 4t 19~2~ wa entered into a contract with Corer Constructio Company in the a~ount off S93,92~o20kno~nas Hollins Road Project No. There were several minor a~end~ents to this contract authorized by my orr~c~ and t~o authorized by Council since they exceeded $1jO00.O0o We have had conferences with Hr. Corer and have agreed on all extras in cost vhich substantially aggregates as fnll~st Total extra a~ount of $3,~6.~0 of which there are liquidated damages of $3,22~.00, leaving a net due Hr. Corer of $~41.~0. I ~ould appreciate official acceptance of this agreement in order that we may terminate the contract, Respectfully sul~itted~ (Signed) Arthur S. O~ens City Hanager" In a discussion of the matter~ the Clty Harmger reco~uended that action on i his request be deferred until the next regular meeting of Council and that in the meantime he vould send detailed infor~tion with regard to the changes in the contract to the individual members of Council for their information and etud~. Hr. Young moved that Council concur in the ver~al reco~endation o£ the City ~armger and that action on the ~tter be deferred until the next regular meeting of Council. The ~otion ~ras seconded by Hr. Hinton and unanimously adopted. SEWAGE DISPOSAL~ Council having previously referred the claim of Loebl Dye Works, Incorporated~ in the amount of $1~119.26, arising out of the excess charges assessed and collected by the Water Department of the City of Roanoke for the treatment and disposal of se~rage during the months July, 19S2, to April, both inclusive, to the City Harmger and the City Attorney for study, report and reco~endation~ the City Hanager submitted the followin§ report with the verbal concurrence of the City Attorney~ ~Roanoket Virginia January 4~ 19~4 To The City Council Roanoke~ Virginia Members o£ Councll~ You refferred to Hro ~hittle and me the claim of the Loehl Dye Works, Incorporatedt for sewer refund in the a~ount of A s~rvey made by the Water Department and our Building Inspector shov~ there are other claims comparable to Loebl~s~ totaling $3~4~6.59o We ~ould recommend the payment of these claims. Respectffully submitted~ (Signed) Arthur S. O~ens C!ty Manager' Hr. Woody moved that Council concur in the recommendation of the City Ma~ger and the City Attorney and that the City Attorney prepare the proper measure providing for the reffunds. The motion was seconded by Hr. Waldrop and unanimOusly adopted. In this connection~ the President, Hr. Webber, brought to the attention of Council a Notice of Motion for Judgment against the City of Roanoke in the amount of $1,119.26, as filed by Loebl Dye Works, Incorporated. On motion of Hr. Young, seconded by Mr. Minton and unanimously adopted, th~ notice was referred to the City Attorney for attention. 1'22 REPORTS OF COMHITTEESt None. ZONING-SETBACK LINESt Council having at its last regular meeting deferred action on the re quo s t of Dodson and Pence~ Attorneys, representing Southern Oxyg Company, Incorporated~ that the provisions of Ordinance No. 1907, insofar as they pertain to a setback line on Center Avenue, H. ~., be waived with respect to the property owned and occupied by Southern Oxygen Company, Ineorporated~ on the side of said street at its intersection with Sixth Street~ N. ~o, and the question of retaining existing setback lines on Center Avenue having been considered In connection with the request~ the matter was again before the body. In a discussion of the matter, the City Manager stated that Center Avenue l: a natural for future widening and that he cannot recommend the abolishing of any portion of the setback lines. In a further discussion of the matter, Mr. Blchard F. Pence, Attorney, appeared before Council, stating that his client is agreeable to the waiving of the setback line in front of its property, and presented draft of an Ordinance, waiving and releasing the setback line insofar as it applies to existing improvements upon ~he property of Southern Oxygen Company, Incorporated. After the draft of Ordinance was read by the City Clerk, Messrs. Woody and Waldrop protested that the Ordinance makes it appear that the failure to discover the existing setback line before tho building of the Southern Oxygen Company was erected thereon is solely the fault of the Building Inspector's office, whereas, in realty, the setback line was overlooked hy two attorneys and the architects for the structure, Messrs. Woody and Waldrop voicing the opinion that the Ordinance should take cognizance of this fact. Mr. Pence replied that he feels the main responsibility for the setback is on the Building Inspector. After a further discussion of the matter, Mr. Minton moved that Mr. Pence be requested to redraft the Ordinance so as not to place the blame for the error solely upon the Building Inspector's office and to forwurd copies of the proposed revision to the members of Council for their information and study; also, that the City Manager present the full details with regard to the granting of the building permit to Southern Oxygen Company, Incorporated, at the next regular meeting of Council. The motion was seconded by Mr. Hanes and Unanimously adopted. STREETS AND ALLEYS: Council having deferred action on the adoption of an O~dinance, providing for the acquisition of certain land on the north side of Grandin Road, S. W., east of Carlton Road, for street purposes, the matter was lagain before the body. After a discussion of the matter, Mr. Minton offered the following Ordinamc, as an emergency measure: (#12082) AN ORDINANCE providing for the acquisition of certain land on the north side of Grandin Road, S. W., east of Carlton Road, S. ~., for street purposes: and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 88.) Mr. Minton moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. ¥~bber ............. 7. NAYS: None .................... O. CONSIDERATION OF CLAIF~s None. INTROI~3CTIOEAND CONSIDERATION OF ORDINANCES ANDRIL$OLUTIONS! SALE OF I~OPERTYt Ordinance No. 120i9, providing for the sale of Lots 25 an 26, Block 15, Section 3, Roanoke Development Corporation, ky the City of Roanoke to Hrs. ~o ~. Wiltur, at a consideration of $150.00 each, having previously been befor~ Council for its first reading, read and laid over, vas again before the body, Hr. ~'aldrop offering the following for its second reading and final adoptions (~12029) AN ORDINANCE providing for the sale ky the City of Lots No. ~5 and No. 26, Block IS, Section 3, Hap of Roanoke Development Corporation, to I~s° Ho H. Wilbur for $1~0.00 each, cash~ net to the City; and authorizing the execution and delivery of a deed therefor. (For full text of Ordinance, see Ordinance Book Hr. %faldrop ~oved the adoption of the Ordinance. The motion ~as seconded by Mr° Woody and adopted by the followin~ votes AYESs Council ~embers Manes, Hlnton, Pickett, ~'aldrop, ~oody, Young, and the President, Hr. ~'eb~er ............. 7. NAYS~ None .................... O. BUDGETs It appearing that Council has not as yet adopted the 1954Budget, Mr. Woody offered the following emergency Ordinance, authorizing the City Manager t approve necessary expenditures for the operations of the Municipal Sovernmentuntil the budget is adopted and becones effective, and authorizing the City Auditor to draw warrants in payment of said necessary expendituress (~12033) AN ORDINANCE authorizing the City Manager to approve necessary expenditures for the operations of the Municipal Government until the 1954 Annual Appropriation Ordinance is adopted and becomes effective;authorizing the City Audit to draw~arrants in paym. ent of said necessary expenditures;and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. 20, Page 89.) Mr. Woody moved the adoption of the Ordinance. The motion was seconded by Mr. E'aldrop and adopted by the following vote~ AYES: Council members Manes, Minton, Pickett, Waldrop, ¥foody~ Young, and the President, Mr. Yfebber ........... 7. NAYSs None .................. O. MOTIONS AND MISCELLANEOUS BUSINESS~ None. There ~eing no further ~usiness, Cmncil adjourned. APPROVED '123 lW.4 COUNCIL~ RE/IUIAR H~STIN~, Honday, January 11, 1954, The Council of the City of Roanoke met in regular meetin~ in the Circuit Court Room in the Municipal Buildin~, Honday, January 11, 1854, at 2:00 o'clock, p. m., the regular meetin~ hour, with the President, Hr. Webber, presiding. I~ESEN?: Council members Hanes, Hlnton~ Pickett, Waldrop: Woody, Young, and the President, Hr. Webber ............... 7. ABSENT: None .................... Oo OFFICERS PRESENUt Mr. &rthur S. Owens, City Handset, Hr. Nandolph O. Whittl~ City Attorney, and Hr. Harry E. Yates, City Auditor. The meeting ~as opened with a prayer by the Reverend Ernest S. Cochran, Pastor of Mount Pleasant Hethodist Church. HINUTES: Copy of the minutes of the regular meeting held on Honday, January 4, 1854, having been furnished each member of Council, upon motion of Mr. Waldro-, seconded by Hr. Woody and unanimously adopted, the reading was dis,ensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC HATTERS= ZONING: Notices of a public hearing on the question of rezoning from General Residence District to Business District properties located north of Fair£ax Avenue and south of Hoor~an Avenue, N. W.~ between Eleventh Street and Twelfth Street, described as the western part of Lots 1, 2 and 3, Block 5, Melrose Land Company Map, Official No. 2110101, and the eastern part of Lots 1, 2 and 3, Block 5, Melros~ Land Company Hap, Official Bo. 2110103, respectively, having been published in the Roanoke World-News pursuant to Article XI, Section 43, of Chapter 51, Zoning, of Code of the City of Roanoke, setting the time of the hearing at 2:00 o'clock~ p. Monday, January 11, 1954, and Council having continued the public hearing on the question of rezoning from Seneral Residence District to Business District propertie~ lying north of Fairfax Avenue and south of Hoor~an Avenue, N. W., between Eleventh Street and Twlefth Street, described as the middle part of Lots 1, 2 and ~, Block Melrose Land Company Map, Official No. Melrose Land Company Map, Official No. order that all of the above properties matter w~s before the body. In this connection, Mr. Oeorge 2110102, and Lots 4, 5, 6 and 7, Block 5, 2110104, respectively, until this time, in might be considered at the smme time, the I. Vogel, Attorney, appeared before Council, for and on behalf of Hrs. Virginia C. Tuck and Hr. E. D. Tuck, o~ners of property designated as Official No. 2110104, and outlined the reasons for the request to rezone the lots, stating that since all property owners within the block have now petitioned for rezoning and since there is no objection from any property owner in the area, he feels Council should grant the requests of the petitioners. At this point, the City Clerk brought to the attention of Council the following communication from the City Planning Commission in connection with the requests for rezoning: "Dec~ber 17, 1953. The Honorable R. L. ~ebber, Hayor, and Members of City Council, Roanoke, Virginia. Gentlemen: In reply to your letter of December ~, 1853, referring to the City Planning Commission for further study, report and reco~endation, the question of rezoning from a General Residence District to a Business Dlstrl~ several lots fronting on the north side of Fairfax Avenue between llth and 12th Streets, designated as Official Lots No. illOlOl~ No. 2110102, No. 2110103 and No. 2110104, Block 5, Helrose Land Company Council's at[ention is called [0 the followir~ points~ 1. The property of ~reo ¥1rginia Crawford Tuck, designated as Officl~ Lot Ho. 2110104, is adjacent to, and l~ediately west of, a north and south alley, which separates it from llth Street, N. Wo, the greeter portion of which is classified as a Business District. The proximity of this property, on which a residence Is located, to a Business District makes it less desirable for residential purposes, but said lot is situated no different from hundreds of other residential properties throughout the city ~hich are locate. adjacent to Business Districts, some of which are not even separa by an alley. ~hen this request vas considered previously by the Conc~ission (refer to the Co~lssion~s reco=~endation to Council under date of September 1, 1953), the petitioner~s Attorney, as well as her husband, appeared before the Co~lssion and stated that the purpose of rezoning said property is to per~t construction of a building to be used for the storage of carpenter's tools, the ~ullding to be used later for rental purposes. The Co~ission did not consider this sufficient reason for recommending that said property be rezoned. The Zoning Ordinance provides for the filing of appeals in cases where there are any unusual conditions relating to particular properties whereby a literal enforcement of said provisions would result in anmmecessary hardship. If the petitioner can prove a hardship, the Board of Zoning Appeals has the authority, after conducting a public hearing, to grant a non-conforming permit or variance which will not be contrary to the public interests. 2. As to the three remaining properties in the b~ock, each is occupl~ by a substantial home and used for residential purposes. In view of the fact that there is still property available on llth Street for business uses, which street has been zoned as a Business District since 1932, there is no apparent need for additional Business Districts in that immediate section, and the Commission fails to see that there are any potentialities for business purposes of the petitioners~ properties for years to com The fact that requests have been made for rezoning, and there are no objections from property o~ners, is not sufficient Justifica- tion for reclassification. The City Planning Commission again recommends that the requests of the petitioners be denied. Respectfully su~ltted, (Signed) J. Breakell Vice~Chairman." After a further discussion of the matter, everyone present having ~een an opportunity to be heard on the question, Hr. Hinton stated that he can not see where there will ever be additional residences constructed in the ares in question, advising that he feels the requests of the petitioners should be granted and moved that the followin§ Ordinance be placed upon its first reading. The motion seconded by Mr. Hanes and adopted by the following vote= AYES~ Council members Banes, Minton, Wo6dy, Young, and the President~ }tr. Webber ..................... 5. RAYS~ Council members Pickett and ~'aldrop .......... (#12034) 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. %~rIEREAS, applicationshave been made t~ the Council of the City of Roanoke to have properties lying north of Fairfax Avenue and south of Moorman Avenue, N. between Eleventh Street and Twelfth Street, described as the western part of Lots 2 m~d 3; the middle part of Lots 1, 2 and 3; the eastern part of Lots 1, ~ and and Lots 4, 5, 6 and 7, Block B, Helrose Land Company Hap, respectively~ rezoned from General Residence District to Business District, and 125 WHEREAS, submitted, is of requested. 't~REAS, notices required by Article XI, Section 43, of Chapter S1 of the Code of the City of Roanoke~ Virginia, relating to Zoningt have been published in #The Roanoke World-News% a newspaper published in the City of Roanoket for the tim, required by said section, and t~EAS, the hearing on the properties described as the middle part of Lots 2 and S, and Lots 4, 5,6 a~d 7~ as provided for in said notices ~ublished in the sai newspaper vas given on the 19th day of October, 19~3t at 2;00 o'clock, p. mo, befor; the Council of the City of Roanoke in the Council Room in the Municipal Bullding~ and vas continued until the llth day of January~ 19~4~ at 2tO0 o'clock~ p. m., in order that all of the above properties might be considered at the same time, and M~E~EAS, the hearing on the properties described as the western part of Lots 1~ 2 and S~ and the eastern part of Lots 1, 2 and 3, as provided for in said notices published in the said newspaper vas given on the llth day of January, 1954~ at 2~00 o'clock, p. m., before the Council of the City of Roanoke in the Council in the Municipal Building, at which hearings interested citizens %~re given an oppol to ~e heard both for and against the proposed rezoning, and the majority of this Council, after considering the evidence the opinion that all of the above properties should he rezoned as THEREFORE, BE IT OHDAINED by the Council of the City ~f Roanoke that Articl( 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: Properties lying north of Fairfax Avenue and south of Moorman Avenue, N. W.~ between Eleventh Street and Twelfth Street, described as the western part of Lots 1, 2 and 3; the middle part of Lots 1, 2 and 3; the eastern part of Lots 1, 2 and 31 and Lots 4, 5, 6 and 7, Block 5, Helrose Land Company Map, respectively, designated on Sheet 211 of the Zoning Map as Official Nos..2110101, 2110102, 2110103 and 21101¢ be, and are hereby changed from General Residence District to Business District, an( the Map herein referred to shall be changed in this respect. The Ordinance having been read, was laid over. PETITIONS AND CO~/INICATIONS: ZONING: A communication from Mr. J. E. Cundiff, asking that three lots located on Bennington Street, S. E., north of Carlisle Avenue, described as Lots I, 2 and 3, Block 1, Eastover Place Map, Official Nos. 4S40212, 4S40213 and 4~40214, be rezoned from General Residence District to Business DistrAct, vas before Council. Mr. Young moved that the request be referred to the City Planning Commtssio~ for study, report and reco~endatton. The motion vas seconded by Mr. Minton and unanimously adopted. ZONING:. A co~unication from Mr. Robert W. Spessard, together with a petiti~ signed by approximately two hundred citizens living in the Lincoln Court Housing i Project and e%mers of adjacent property, asking that property located east of Burrel Street and south of %,%dtten Avenue, N. W., owned by Mr. E. P. Nabors, Jr., described as Lot 1, Section 6, Lincoln Court Map, Official No. 2041001, be rezoned from Specie Residence District to Business District, vas before Council. Mr. Waldrop moved that the request be referred to the City Planning Conmisst for study, report and reco=endation. The motion %~s seconded by Mr. Hanes and unanimously adopted. STREET LIGHTS: A communication from the Appalachian Electric Power Company, advising that no street lights were installed or removed in the City of Roanoke ~nity during the month of December, 1953, vas before Council. The com~vnication vas filed. TRAFFIC-CH~H~ER OF CO~CE~ A communication from the Roanoke Ch~n~er of Co~erce, together with copy of a resolution adopted by the Board of Directors of the Chamber of Co~erce with reference to the flow of traffic in the city, reco~en lng to Council that a Traffic Co~nlssion be appointed and that the Com~lssion te given ~ull authority to act on all traffic and p~rking plar~ and regulations, before the body. On motion of Hr. Waldrop, seconded by Hr. Young and unanimously adopted, th reconmendation Of the Chamber of Commerce vas taken under consideration. ROUSING-CHAHBE~ OF COF~J~CE: A co=~unication from the Roanoke Chamber of Co~erce, to§ether with the following resolution as adopted by the Board of Dlrecto of the Chamber of Co~nerce~ ~lth reference to the use of federal funds for local sltnu clearance purposes, was ~efore Councll~ "Whereas, uninhibited spending of federal funds leads to deficit financing, loss of independence by local political subdivisions, undesirable concentration of power in Washington,' and loss of initiative and liberty of choice of action by individual citizens, all to the n~nifest detriment of the economic and political health of our country;and ~ereas, a retrenchment of federal spending is overdue; ~ow~ Therefore~ Be It Resolved that the Roanoke Chamber of Commerce favors the use of federal funds for the operation of the Federal Government and for defraying the costs of historical national governmental functions, and does not favor the use of federal funds for any local purpose capable of being handled at the local level; and Be It Further Resolved that the Roanoke Chamber of Commerce favors the return of the Federal Government to this fiscal policy as i~mediately as possible. Be It Further Resolved that the Roanoke Chamber of Commerce for the above named reasons opposes the proposed Northeast Slum Clearance Program and the use of Federal funds for any local slum clearance program and hereby urges City Council to refuse Federal monetary aid in whatever guise in the matter of improvement of local housing conditions." On motion of Hr. Hanes, seconded by Hr. Waldrop and unanimously adopted, resolution vas taken under advisement to be considered at such time as Council agal~ considers the slum clearance program. REFUNDS AND REBATES-LICENSES: A communication from Copenhaver, Edwards and Barrett, Attorneys, representing the Estate of Philip Levy, requesting a refund of $192.76 representing license tax paid for the operation of the Philip Levy's Underselling Store, and advising that at the time the license vas paid the Estate vas in the last stages of selling the Philip levy's Underselling Store and that the new purchaser of the store also paid a license for operation of the business covering the same year~ vas before Council. On motion of Hr. Hanes, seconded hy Hr. Woody and unanimously adopted, the request vas referred to the City Attorney for study, report and opinion as to whether or not the refund can be made. BOARD OF ZONING APPEALS: A communication from the Secretary of the Board of Zoning Appeals, together with the Annual Report of the Board of Zoning Appeals for the year January 1, 1953, through December 31, 1953, was before Council. The Communication and report were filed. REPORTS OF OFFICERS~ BUDOET-JUYENILE AND DOMESTIC RELATIONS COURT: The City Marmger submitted the following report in connection with payment of a salary for the Substitute Judg~ of the Juvenile and Domestic Relations Court~ 127 .Roanoket Virginia January llt 19~4 To The City Council Roanoke! Virginia Mem~ers of Councils We have in our Budget $300.00 for a Substitute Judge for the Juvenile Court. Unfortunatelyt Judge Pate is in a local hospital~ and..th.e Subs. titut Judge budget provision of $~00o00 was included for vacation ~nlc~, ~laer the statutes of the State of Virginia, provldes for one month annual y. ! have conferred with the Substitute Judge who feels that $~00o00 per month is fair for his substitution ~hile Judge Pate is away. RespectfUlly sul~ltted, (Signed) Arthur S. Owens City ~mager" In a discussion of the report, the City ~Mn~ger recommended that an additioz ;600.00 should be m~de available in the proposed budget for 1984; ~hereupon, Mr. [lnton moved that Co~ncil concur in the recommendation of the City Manager and that request be referred to 1~5~ budget ~udy for inclusion of an additional $600.00 in th, draft of budget. The motion ~s seconded by Kr. Hanes and unanimously adopted. SE~E~SoWAT~ DEPArTmeNT: The City Manager submitted written report, togethe: with the following communication from Mr. Carl A. Mont§onery, requesting permission to connect to the city's sewer and water lines: "128 W. Church Avenue Roanoke ~ Virginia January 6~ 1954 City of Roanoke Roanoke~ Virginia Attention: Hr. Arthur S. Owens City Manager Gentlemens I own a tract of ground adjoining the City limits just east of Highway 221~ containing approximately 22 1/4 acrest which I desire to develop into bulldin§ lots~ and to that end I have caused a plat to be prepared desi§nat~ 'Greenwood Forest'. The Engineering Department of the City and the Zoning Department and the County Engineering Department have approved the plan of the subdivision~ I desire to lay sewer lines and water lines in the streets designated on the plat and to connect the same to the systems operated by the City. ~ is understood that the lines, both for se~r and water, are to be laid and installed and paid for by me under the requirements and supervision of the City. It will be appreciated if you will advise me what~ if any~ other steps are needed on my part in this matter. Yours truly (Signed) Carl A. Montgomery Carl A. Montgomery" On motion of Hr. Woody, seconded by Hr. Waldrop and unanimously adopted, the request was referred to a committee composed of Mr. Arthur S. Owens, Chairman, Hr. G. H. Ruston, Mr. C. E. Moore, Mr. Randolph G. Whittle~ and Hr. Harry R. Yates for study, report and recommendation to Council. TRAFFIC-PARKING METERS: The City Manager presented the following report wit] reference to proposed changes on parking meters, together with a map showing locatiC of the proposed changes: "Roanoke~ Virginia January 11, 1954 To The City Council Roanoke, Virginia Members of Council: I have a map, showing the area proposed for parking meters to be changed which will enable a faster turnover of space; and ! reco~end its ~he adoption by referring it to the City Attorney for proper ordinance to be Respectfully eulmitted ~ (Signed) Arthur $o O~ens City Hanager* In a discussion of the proposal, the City Hanager presented ~ltten report from the Superintendent of Police advising that it will cost approximately$360o40 to convert the 174 meters proposed to be changed, the City Harmger advising that th change will allow thirty minutesparking for five cents and one hour for ten cents and will enable a faster turnover in parking. In a further discussion of the proposal, Hr° Minton advised that he feels no changes should be made until such time as the Jefferson Street Grade Crossing iElimination Viaduct is completed, that he objects to reducing the time limit for parking and that at present citisens cannot find places to park long enough to do their shopping. Hr, Young and Mr. Waldrop advised that they ~uld like to see changes made i but only after it is definitely determined that they will be permanent, Hr. Young calling attention to the fact that the movement of traffic during the construction of the viaduct will prohably have to be changed many times and that he feels the i city should go slow in making changes at this time. Hr, Woody advised that if citisens are required to pay ten cents per hour for parking he ~elieves it will discourage the practice of parking for hours at a time on meters as is now done in some areas. After a further discussion of the matter, Hr. Hanes moved that Council conl in the recommendation of the City Manager and that the City Attorney be requested to prepare the necessary Ordinance providing for the change. The motion ~s second~ by Mr. Woody and lost by the following vote: AYES: Council members Hanes and Woody .................... 2. NAYS~ Council members Minton, Pickett, Waldrop, Young, and the President, Hr. Webber ...................... 5. AIRPORT: The City Manager presented ~Tltten report, together with a cor=aunication from the Airport Manager and one from the City Engineer and the i Director of Public Works, the communications calling attention to the fact that there will be no Federal Aid projects in 1954, and pointing out the hazardous conditions now existing at the Airport in and about the former site of the old Administration Building. In a discussion of the matter, Council was of the opinion that the h~p in pavement left by the razing of the old Administration Building should be eliminated ias soon as possible, and also the question of the need for extending runways and ithe purchase of land for same was discussed. In this connection, the City Manager advised that the hump in the pavement can be corrected with city forces doing the %urk. After a further discussion of the matter, the question was carried over in order that the City Manager might ascertain what the cost will be to remove the hump by the city. PLt~iBIRG CODE: The City Manager presented the following report in connectio~ with increasing the inspection fees for plumbing and heating installations in order to defray the expenses of an assistant to the Plumbing Inspector: ] 29 130 'Roanoke, Virginia January 11, 1954 To The City Council Roanoke, Virginia ~embers of Council, You have received copies of a resolution adopted by the Roanoke Master Plumbing &.ileatin~ Contractors Assn. and copies of revenues and expenses for the past tvo yea~ I w~uld suggest that we prepare for the City a list of inspection fees which could be raised approximately 40 per cent in order to underwrite the cost o£ an assistant to Mr. Simpson and obvlousl add a similar amount on the receipt side of the budget estimate for 1954. Respectfully submitted, (Signed) Arthur S. Owens City ManagerH After a discussion of the matter, Mr. Young moved that Council concur in reco~endation of the City Manager and that the City Attorney ~e requested to the necessary ordinance providing for the increase In fees. The motion was by Mr. ~'oody and unanimously adopted. POLICE DEPARTMENT~ The City Manager submitted written report advising that Junious Nathantel Perry has resigned as a member o£ the Police Department effective January 15, 1054. The report was filed. REPORTS~ The City Manager submitted ~ritten reports from the City Market, the Department of Building and Plumbing Inspection, the Electrical Department and the Purchasing Department for the month of December, 1953. The reports were filed. REPORTS OF COI4HITTEES: ~fATER DEPARTMENT~EALTH DEPA~E~IT: Bids received for furnishing Equipment for Carvins Cove Filter Plant, Crystal Springs Pu~ping Station and Creek Filter Plant having been referred to a committee composed of Mr. Arthur S. O~ens, City Manager, Mr. G. H. Bus,on, Acting Mamager of the ~'ater Department, and Mr. R. B. Moss, Purchasing Agent, for tabulation and report, and Council having requested the City Attorney to prepare the proper measure providing for the fluorid ,ton of the city's water supply, the matter was again before the body. At this point, the President, Mr. Webber, requested the City Clerk to all communications received on the question of fluoridation since the public held; whereupon, the Clerk read co.~unications from Mrs. Jane D. Smith, Mr. Claude S. Vernon, Mrs. Greta A. Thomas, Mr. M. M. Smith, Mr. W. T. Brodie and the Roanoke Al,ruse Club objecting to fluoridation of the city water supply at this time, Mrs. Thomas suggesting that the people be given an opportunity to decide whether or not they want fluoridation of the water. The City Clerk then presented a resolution from the Junior ~'om~n's Club of Roanoke endorsing fluoridation and recommending immediate adoption of the plan. In this connection, Mr. Malcolm L. Worrell appeared before Council and presented an opinion rendered in the First District Court of Caddo Pettish, by Judge James U. Galloway, in the case of Mark E. Chapman, et al, versus City of Shreveport, for a preliminary writ of injunction to prevent the fluoridation of the cltywater supply. Others appearing and voicing their objections against fluoridationwere Mrs, Felix Eo Parker, Miss Bertha Start;ti and Mrs. Jane D. Smith. At this point, the City Clerk ~as requested to read the Ordinance as Prepared by the City Attorney authorizing and providing for the introduction of fluoride into the City of Roanoke~s %rater supplies~ ~hereupon, the Ordinance read, after ~hich Mr. Manes moved the adoption of the Ordinance on its first readin The motion vas seconded by Mrs. Pickett° In a discussion of the Ordinance, Mr° Woody advised that he would like for the City Attorney to determine the etatus of court cases brought in connection with fluoridation and to investigate the la§al aspects so far as the State of Virginia is concernedt stating that he ~ould like to have thie information ~efore he votes or the Ordinance and offered as a substitute motion that Council defer action on the Ordinance until February 1, 1954, and that the City Attorney in the meantime present his report. The motion vas seconded by Mr. young and adopted by the follovin§ vote Mr. Woody and Mr. Young expressing their present intentions of supporting the fluoridation program but feeling that the City Attorney's report should be received first: AYES: Council membere Minton, Pickett, ~%ldrop, Woody, Young, and the President, Mr. Webber ................. 6. NAYS~ Hr. Hanes ............... 1. In this connection, the City Manager presented the following co=mittee report on bids received for furnishing fluoridation equipment: "Bids opened 2:00 P. M. January 4~ 1984, all prices F.O.B. Roanoke, Virginia. For equipment only, installation by the Water Department. Bidder Delivery Price (1) Omega Machine Company 14-16 weeks $?,615.00 Providence, R. I. (2) Omega Machine Company Providence, R.I. 10-12 weeks 6,812.00 (S) Wallace & Tiernan Co., Inc. Newark, N.J. 60 days 7,115.00 (1) This bid meets specifications. (2) This bid doesn't meet specifications (No Dust Collector). (3) This bid doesn't neet specifications (Ail machines are of volunetric type, while specifications called for one vol=~etric and two gravimetrl~ feeders). Submitted by Tabulating Co.v~nittee January 7, 1954 (Signed} Arthur S. Owens Arthur S. Owens (Signed} R. B. Moss R. B. Moss (Signed} G. H. Ruston G. M. Ruston" After a discussion of the report, Mr. Young moved that it be tabled and that the City Manager be requested to obtain additional information from bidders on fluoridation equipment and to see if the bidder meeting specifications w111 extend acceptance of their bid beyond thirty days. The motion ~s seconded by Mr. Waldrop and unanimou~ly adopted. UNFINISHED BUSINESS: WATER DEPARTMENT: Council at its last regular meeting having deferred actiol on the question of final approval of amendments to the contract of corer Construoti. Company for Project No. 4 of the Water Department, the matter was again before the body. 131 132 In a brief discussion of the ~atter, Council vas of the opinion that the question should be studied by a com~itteei whereupon, Hr. Woody moved that the emtts be referred to a co~ittee composed of Councilean Walter L. Young, Hayor Boy L. Webber, Hr. Arthur S. Ovens, City Hanagers Hr. Co Eo Xoore, Engineer in Charge of Construction for the Water Department, and Hr° Harry. R° Yates~ City Auditor, for study, report and reco~endation to Council. The motion~as seconded by Hr° Minton and unanimously adopted. ZONIN6-SETRACK LIKES: Council at its last regular meeting having deferred action on the'request of Dodson and Pence, Attorneys, representing Southern Oxygen Company, Incorporated, that the provisions of Ordinance No° 1907 insofar as they pertain to a setback line on Center Avenue, Mo W., be valved with respect to the property o~ned and occupied by Southern Oxygen Company, Incorporated, the matter vas again before the body. In this connection, the City Hanager advised that he had arranged for the former Building Inspector, Hr. David Dick, to be present at the meeting, but that Hr. Dick has since ~een called out of the city and requested that the matter he carried over for another week. There being no objection, the question was carried over until the meeting of January 18, 1954. SMOKE CONTROL: It appearing that the terns of Messrs. Robert L. Lynn and Raymond R. Miller as members of the Advisory and Appeal Board to the Director of the Department of Air Pollution Control expired December S1, 1953, the President, Mr. Webber, called for nominations to fill the vacancies; whereupon, Hr. %body nominated Messrs. Lynn and Miller to succeed themselves for a term of four years beginning January 1, 1954. The nomination was seconded by Mr. Waldrop. There being no further nominations, Mr. Robert L. Lynn and Hr. Raymond R. Miller were reelected as members of the Advisory and Appeal Board to the Director of the Department of Air Pollution Control for a term of four years beginning January 1, 19~4, by the following vote: AYES: Council members Nanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............ 7. NAYS: None ................... O. The City Clerk was instructed to forward Mr. Lynn and Mr. Miller certificat of their reelection. BOARD OF ZONING APPEALS: It being brought to the attention of Council that the terms of Messrs. F. E. Bishop, S. H. Barnhart, F. M. Brill, C. Cecil Flora and Louis P. Smithey as members of the Board of Zoning Appeals expired as of December 31, 1953, the President, Hr. Webber, called for nominations to fill the vacancies; whereupon, Mr. Minton nominated Messrs. Bishop, Barnhart, Brlll, Flora and Smithey to succeed themselves for a term of three years beginning January 1, 1954. The nomination was seconded by Mr. Young. There being no further nominations, Messrs. F. E. Bishop, S. H. Barnhart, F. M. Brill, C. Cecil Flora and Louis P. Smithey were reelected for a term c~ three years beginning January 1, 1954, by the following vote: AYES: Council members Hanes, Minton, Pickett, ¥~ldrop, Woody, Young, and th, President, Mr. Webber ............... 7. NAYS: None .................. O. The City Clerk was instructed to forward Messrs. Bishop, Barnhart, Brlll, Flora and Smithey certificates of their reelection. PENSIONS: The President, Hr. ~ebber, reported that pursuant to the provisio of Resolution Nco 97alt adopted by Council on December 13, 1948, he is reappointing Hr. Robert Ho Daniel as a member of the Advisory Co~lttee on Investments of Funds to the Board of Trustees of the l~ployees Hetirement System of the City of Roanoke Virginia, for a tern of three years beginning January 1, 1954, PEI~ANEN? YOUTH COHHI$SION* It vas brought to the attention of Council that the terse of eight momars of the Permanent Youth Co~nission expired as of December 31, 1953. In a discussion of the matter, Hreo Pickett stated that she has served on the co.lesion and suggested that serious thought be given concerning the body by Council, pointing out that no assignnents have ~een given the Cox~lssion and that it may be that the time has come when the Commission should be dissolved, Hr. Waldrop stated that he thought the Coraisslon could render a real servic whereupon, Hrs. Pickett moved that the appointments be taken under advisement for further study, The motion vas seconded by Hr. ~ldrop and unanimously adopted. STADIUH ADVISORY COMHITTEE: It vas brought to the attention of Council that the terms of six members of the Stadium Advisory Committee expired as of December 31, 1953; whereupon, Mr. Woody moved that Messrs. Earl A. Fitzpatrick, E. Marvin Lemon, H. L. Lawson, Jr., Clyde Cocke and the Director of Parks and Recreation be appointed as me~bere of the Stadiu~ Advisory Conmlttee for a term of two years endir December 31, 1955, and that Mr. George H. Fulton, Jr.~ President of the Roanoke Touchdown Club be appointed as a member for a term of one year ending December 31, 1954. The motion %ms seconded by Mr. Young and unanimously adopted. HOUSING AND HYGIENE BOARD: It ~-as brought to the attention of Council that the terms of Messrs. G. Frank Clement, Tho.nas P. Parsley and Dr. Grady P. Gregory as members of the Board Of Housing and Hygiene for the City of Roanoke will expire on January 31, 1954; whereupon, the President, 1.M. ~febber, called for nominations to fill the three vacancies. Mr. Young placed in nomination the names of Messrs. Clement, Parsley and Dr Gregory to succeed themselves and the nominations were seconded by Mr. Voody; whereupon, there being no further nominations~ Messrs. G. Frank Clement, Thomms P. [Parsley and Dr. Grady P. Gregory were reelected as members of the Board of Housing ~and Hygiene for the City of Roanoke for a term of two years ending January 31, 1956~ by the following vote: AYES: Council members Hanes, Minton, Pickett, ~'aldrop, Yfoody, Young, and the President, }~. ~'ebber .............. 7. NAYS: None ..................... O. The City Clerk was instructed to forward Messrs. Clement, Parsley and Dr. Gregory certificates Of their reelection. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: REFUNDS AN~ REBATEM-SE%fAGE DISPOSAL: Council having previously requested the City Attorney to prepare the necessary Ordinance providing for refunds of sewage treatment charges erroneously made against Loebl Dye %'orks, Incorporated, and of other claims comparable to Loebl's totaling $3,486.59, he presented same; whereupon, }ir. Minton moved that the following Ordinance be placed upon its first reading. The :orion vas seconded by Hr. %faldrop and adopted by the following vote: 133 134 tY~Ss Council members Hanes~ Hlnton~ Pickettt Waldropt Woedy~ Young~ and the President~ Hr. Webber ........... 7. RAYS, None .................. O. (#120~) AH ORDIRA~CE authorizing refunds of sewage treatment charges erroneously ~ade against and paid by certain customers of the Cltyts Vater and appropriating the necessary f~nds with~d~lch to make such rel~mds. ~IEI~LSt the Hanager of the Cltyts Water Department has reported the erroneous collection, by the Water Department, of se~ge treatment charges from the hereinafter named customers for the periods of time and in the amounts hereinafter stated, on ~stes discb~rged, by said customers, into the Cltyts storm drains and not into the Cltyes sanitary sever system, and ~EFlEAS, the said H~nsger of the Water Department has reco~ended that the City authorize the making of said refunds; which recom~endation, after lnvesti has been concurred l~ by the City Hanager and the City Attorney. THEREFORE, BE I? ORDAINED by the Council of the City of Roanoke as 1o That the proper City officials be, and they are hereby, authori~ed and directed to refund u~to the following customers of the City's Water Department the amount of money set opposite each customer, NM~ DATE A~OU~ Clover Creamery Co., Inc. July, 1982 - February, 1953 $ 2,0~8.86 Elmwood Mlnit-Wash, Inc. July, 1952 - February, 1953 237.28 Crystal Spring Laundry Co., Inc. July, 1952 - September, 1953 91.19 Loebl Dye Works, Inc. July, 1952 - April, 1953 1,119.26 TOTAL ................... $ 3,4B6.59; the same being for sewage treatment charges erroneously charged to and paid by said customers during the period of time hereinabove stated. 2. That there be, and there is hereby, appropriated from the Se~gge Fund the sum of $3,4B6.59 with which to pay the refunds hereinabove directed. The Ordinance having been read, ~s laid over. MOTIONS AND MISCELLANEOUS BUSINESS: None. There being no further business, Council adjourned. APPROVED Clerk ~ ~ President COb~CIL~ RE~UIAR H~ETING, Monday, January 18, 1954o The Council of the City o£ Roanoke met in regular ~eeting in the Circuit Court Room in the HuniclIml Building, Monday, January 18, 1954, at 2:00 o*clock, p. m., the regular meeting hour, with the President, Hr. Webber, presiding. PRESENTs Council members Hanes, Minton, Pickett, ~ldrop, Woody, Young, and the President, Hr. Webber .............. 7o ABSENTs None ................... O. OFFICERS PRESENTs Hr. Arthur S. Owens, City Manager, Mr. James N. Klncanon, Assistant City Attorney, and Mr. Harry R. Yates, City Auditor. The meeting ~s opened with a prayer by the Reverend Mlllard R. Floyd, Pastor of the Evangelical United Brethren Church. At this point, the President, Hr. Webber, recognized and welcomed Mrs. Jo E Stockman, representing the American Association of University Women, who was presen~ to observe the proceedings of Council. HEARING OF CITIZENS UPON PL~LIC HATTERS~ ZONINGs Notice of a public hearing on the question of rezoning from General Residence District to Business District 0.843 acre of the northern portion of a tract of land lying between Jefferson Street and Crystal Spring Avenue, S. W., north of McClanahan Street, designated as Official No. 104100S, having been publish( in the Roanoke World-News pursuant to Article XI, Section 4S of Chapter 51 of the Code of the City of Roanoke, setting the time of the hearing at 2:00 o'clock, p. m.~ Monday, January 18, 1954, the matter %~s before Council. ~ In this connection, Mr. John L. ¥~lker, Attorney from the Law Offices of ~ Woods, Rogers, Muse and Walker, appeared before Council, representing the petitione~, Mrs. Annie J. McClanahan and others, requesting that the property berezoned and outlining the proposed use of the land, and there being no one present objecting to~ the rezonlng, Mr. Young moved that Council concur in the reco.~mendatlon of the City Plannlng Co~mlssion that the request of the petftloner be granted and that the following Ordinance be placed upon its first reading. The motlonvas seconded by Mr. Hanes ar~ adopted by the following vote: AYES: Council members Hanes, Minton, Plckett, ~'aldrop, Woody, Young, and the President, Mr. Webber--i ............. 7. NAYS: None ....................... O. (#12036) AN ORDINANCE to amend and reenact Article I, Sectlon 1, of Chapter 51 of the Cede of the City of Roanoke, Virginia, in relation to Zoning. ~%~EREAS, application has been made to the Council of the City of Roanoke to have 0.843 acre of the northern portion of a tract of land lying between Jefferson Street and Crystal Spring Avenue, S. W., north of McClanahan Street, designated as Offlclal No. 1041003, rezoned from General Residence Dlstrtct to Business District, and ~7~REAS, the City Planning Commission has recommended that the above propert be rezoned from General Residence Dlstrlct to Business District as requested, and %.5{~LEAS, notice required by Article XI, Section 4S, 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 135 136 %~IEREAS, the hearing as provided for in said notice published in the said newspaper was given on the 18th day of January, 1954, at 2800 o,clock, po mo, the Council of the City of Roanoke in the Council Room in the Municipal Building, at which hearing no objections ware presented by property o~ners and other interest~ ~arties In the affected area, and t~tEF~AS, this Council, after considering the application for rezoning, is ;he opinion that the above property should be rezoned as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, relating to Zoning, be mmended and reenacted in the following particular and no other, Property lying between Jefferson Street and Crystal Spring Avenue, So W°, north of McClanahan Street, being 0.843 acre of the northern portion of a tract land designated on Sheet 104 o£ the Zoning Hap as Official No° 1041003, and more particularly described as follows, to-wit8 BEGINNING on the west side of Jefferson Street 369.36 feet north of McClanahan Street; thence with Jefferson Street N. 20' 32' E. 186.04 feet to a line of property belonging to the City of Roanoke; thence with the city's line N, 58° 26' W. 183.29 feet to a point on the east side of Crystal Spring Avenue, S. W.; thence with Crystal Spring Avenue S. 31° 34' E. 182.6 feet; thence S. 58~ 26' E. 218.89 feet to the BEGINNING; and BEING Lot "M-2" shown on the map of a survey made by C. B. Malcolm ar~ Son on December 14, 1953. be, and is hereby changed from General Residence District to Business District, and the Zoning Map herein referred to shall be changed tn this respect. The Ordinance having been read, ~s laid over. M~_~r~ FIELD: Mr. R. G. Culbertson appeared before Council, requesting that the baseball park at Haher Field be made available for amateur baseball g~es and that every effort should be made to reestablish interest in amateur ball gm, es and exhibition games, Mr. Culbertson suggesting that the grounds be made available out charge. In this connection, the City Manager advised Counci1 that he and members of his staff have made a survey of the grounds and stands and have had an appraisal ·mde of the physical properties on the grounds, pointing out that the present contrs ~t with Roanoke Baseball, Incorporated, is for a term of five years and that many legal angles are involved in terminating the old contract, stating that he has the natter ready for Council's consideration but due to the press of other work and budget studies he has not presented it. After a discussion of the matter, Council members expressing the opinion the mmateur baseball proposal is an excellent suggestion and that they would like see this form of entertainment continued in Roanoke, Mr. Waldrop m~ved that the request he referred to the City Manager for consideration in connection with the study he is making with regard to future use of the park. ~ne motion was seconded by F~. Young and unanimously adopted. PETITIONS AND COMMUNICATIONS: TAXES: A communication from Mr. J. T. Engleby, Jr., Attorney, requesting that something be done to assess real estate under alphabetical index on the land book, regardless of race or color, and that the practice now followed by the Commissioner of Revenue of separating the properties, be discontinued, was before Council. After a discussion of the request, the Corzmissioner of Revenue, who was ~resent at the meeting, advised that the State Tax Code requires that the indexing ~e kept separate, but that if all real estate was indexed together it would be ~vch easier to co. pile the land book, pointing out, however, that it is too late to do so this year since his office has already compiled a large portion of the book, On motion of Hr. Minton, seconded by Hr. Waldrop and tmanl~ously adopted, the request was referred to the City Attorney for study and report to Council from the standpoint of legal involvements and to the Commissioner of Revenue for a repot and reco~endation on the operational angles. REPORTS OF OFFICERS~ STOP~ DBAINS~ The City Marmger submitted the following report, together with draft of Ordinence releasing a former storm drain right-of-way over property o~ed by Nelson Hardware Companyt ry 1 , 1954 To The City Council Roanoke, Virginia Members of Council: You adopted Ordinance No. 11093 on Hay 28, 1951, authorizing the acquisition of a 20-foot wide right-of-way for a public drain over the Nelson Hardware property from Ninth Street, N. E., east to Tinker Creek. This ordinance further provided that when the new 40-1nch storm drain had been constructed, the old right-of-~ay would be abandoned The City Attorney has prepared a proper ordinance which I would like t~ present at this time. Respectfully submitted, (Signed) Arthur S. Owens City Manager" After the report was read, Mr. Woody moved that the following ordinance be placed upon its first reading. The motion u~s seconded by 2-M. Valdrop and adopted by the following vote: AYES: Council ~embers Hanes, Minton, Pickett, ~ldrop, Woody, Young, and the President, Mr. Webber ............. 7. NAYS: None .................... O. (#12037) AN ORDINANCE authorizing and directing the execution of a deed of quitclaim and release to a portion of a former storm drain right-of-way over proper1 owned by Nelson Hardware Company, a corporation. YfHEREAS, by Ordinance No. 1109S, adopted by this Council on the 2Sth day of May, 1951, this Council authorized and directed the acquisition from Nelson Company, a corporation, of a 20-foot wide right-of-way for a public storm drain over certain property of said corporation, the said right-of-way and storm drain to be constructed thereover to replace a certain sg-inch storm drain then existing across said property of said corporation, and YrMEREAS, Ordinance No. 11093 further provided that upon the construction of the new 42-inch storm drain over the aforesaid 20-foot wide right-of-way, the former ~6-1nch storm drainwnuld be abandoned by the City, except that portion of the ~6-1nch storm drain which crossed or extended into the 20-foot wide hereinabove mentioned and that, i~mediately upon such abandonment the City ~uld cause to be executed and delivered to Nelson Hardware Company, a corporation, a deed of quitclaim to said corporation releasing all right, title and interest which the City might have in said former sg-tnch storm drain right-of-way, as hereinabov, described, and 137 1'38 I~EASI the City has, in the interim, constructed the new 4B-inch storm drain over and across the 2~foot wide right-of-~ay acquired from Nelson Hard-are, a corporation, by a deed frc~ said corporation executed pursuant to the provisions of Ordinance No. 110~3 aforesaid, which said deed and accompanying ~ap are nO~ of record in the Clerkls Office of the Hustings Court of the City of Roanoke in Deed Book ~,59, paze 53, and the City Hanager and the Clty Englneer have advised this Council that the former 36-inch box-type storn drain referred to in said deed and shown on said map as an "existing drain" has been abandoned by the City, except small easterly portion of said "existing drain", which is shown on said map to extend into the new 20-foot wide right-of-way, and ~ERFAS, under the terms of the aforesaid deed and ordinance the City is now obligated to execute a deed of quitclaim and release to all of that former B6-inch storm drain right-of-way which has been abandoned, THEREFOBE~ 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 behalf of the City, to execute to Nelson Hardware Company, a corporation, its successors or assigns, a deed of quitclaim and release of all such right, title and interest as said City may have in that portion of a certain S6-1nch storm extending over the property of Nelson Hardware Company, a corporation, located on the east side of 9th Street, N. E., which said property and former storm drain, labeled "existing drain", are shown on Plan No. 1299-C prepared lB the office of the City Engineer %under date of April 16, 19S1, a copy of which said plan is of record in the Clerk's Office of the Hustings Court of the City of Roanoke in Deed Book 8.59, page 57, the deed to be upon such form as is prepared and approved by the City Attorney or Assistant City Attorney and to 5e ~ased upon a nominal consideration of ONE DOLk~R, ($1.00), cash. ?he Ordinance having been read, was laid over. AIRPORT: Council at its last meeting having requested the City Manager to obtain an estimate of the cost of removing the hump in front of the Airport Administration Building caused by the removal of the old Administration Building, he submitted the following report: "Roanoke, Virginia January 18, 19&4 To The City Council Roanoke, Virginia Members of Council: In furtherance of your directive, I have had an estimate made for the cost of removing the dangerous h~p in front of the Airport Administration Building. The cost is $1,630.50; and there is a map attached hereto for your inspection. I believe that we could do this out of our current account, provided we bring to your attention the fact that it may be necessary to have an amen&ment prior to the end of the year should something unforeseen happen. If you should see fit to replace this area, the cost would be $9,584.50; however, I believe in the interim that we can use material of a nature that will pack sufficiently so that there will be no hazard to planes taxying over the strip. Respectfully submitted, (Signed) Arthur S. O~ens City Manager" In a discussion of the report, Mr. irons advised that he has received WOrd that Mr. J. E. Jewell will do the %~rk for $1,500.00. After a further discussion of the matter, Mr, Waldrop noved that Council concur in the report of the City Manager that the work be done by the city at a cost of $1,630o50. The notion was seconded by Mr, Hanes and unanimously adopted. WATER DEPARTMENT~ The City Hanager ~ving been requested to ask the bidders on fluoridation equipnent if they would extend their bid quotations for thirty days, he sub~ltted written report advising that he has written letters making the request and that the bidders have since agreed to extend their bids an additional thirty days. The report was filed. STATE ItlS~!A¥S WI~tIN CITY LIMIT$~ The previous report of the City Manager advising that the Virginia Department of Highways plans to widen Bent Mountain Road from U. S. Highway Route No. 221~ in the Cou~ty~ to Colonial Avenue, S. W., in the City, and that the City will be requested to participate in the costs of acquiring necessary rights-of-~y For that portion of the north side of Bent Mountain Road adjacent to its corporate limits, but that the City will not be requested to partic~- pate in the construction costs, having been referred back to the City Manager to ascertain the cost to the city for participation in the project, he submitted written~ report advising that the costs to the city will be approximately $3,~00.00; whereup?~n, Mr. Woody moved that the City Attorney be requested to prepare the necessary measur~ agreeing to cooperate with the Department of Rtgh~.~ys and authorizin~ the securing ~ of the necessary right-of~vmy on the city's side. The motion ~s seconded by ~M. %~ldrop and unanimously adopted. PLL~BING CODE: The City Manager presented the following additional report l~ connection with increasing the inspection fees for plumbing and heating Installatio~s:~ "Roanoke, Virginia January 18~ 19~ To The City Council Roanoke, Virginia Members of Council: Figures for 1952 and 1953 and the estimated figures for 195~ lead us to believe that the average revenue for plumbing permits during these three years would be approximately $8,200.00. ~n order to carry out the request of the Master Plumbers Association, I believe we should increase the plumbing fees by approximately 50 per cent to allow us revenue of about $~,000.00 per year. My estimate is that we will have to pay $3,600.00 for an Assistant Inspector plus an allowance of $300.00 for car use or car operation and an additional $100.00 for incidents s. Respectfully submitted, (Signed) Arthur S. Owens City Manager" Mr. Young moved that Council approve the SO per cent increase in the echedut ~f rates and that the City Attorney be requested to prepare the necessary Ordinance establishing the fees, the City Auditor to include the additional revenue and expenditure in the draft of the 1984 budget. The motion was seconded by F~. Woody and unanimously adopted. BRIDGES: The City Manager presented the following report, together with a letter fro~. A. B. Stone, Chief Engineer, Norfolk and Western Rall~ay Company, in connectionwith repairs to the Tenth Street Bridge: "Roanoke~ Virginia January 18, 1954 To The City Council Roanoke, Virginia Members of Council: In our budget estimate on page S9 of the Budget, we carried a 139 a~ount for contractors' work of $5,000.00° On January 14, we received a letter from Hr° A. B° Stone~ Chief Engineer, Norfolk and ~estern Bai½~ray Company, etatin~ the need for the expenditure of $10~000o00 for rel~alr~ to the Tenth Street Bridge° The City's part vould I~ $$~000o00, thereoy leavin~ us no contract funds for 1954. Should we go ahead ~lth this proposal, it vould use up our entire estimate; therefore, it appears to me that provisions should be ~ade for other bridge repairs which will require approximately ~espectfully sul~ltted, (Signed) Arthur $o O~ens City Y~nager' Hr° Hanes moved that Council concur in the report of the City Hanager'and that the matter be referred to the 1984 budget study for inclusion of an $2,000°00 in the Bridge ~epair account in the proposed budget draft. The motion ~s seconded by Hr° Young and adopted by the follovin§ vote= AYESI Council members Hanes, Hlntcn, Pickett, ~aldrop, ~foody, Young, and the President~ Hr. Vebber ............ ?o NAYS= None ................... Oo In this connection, ~r. ~aldrop raised the question of widening Tenth Street Bridge and moved that the City Hanager be requested to ascertain the estimated cost to widen the present bridie. The motion ~s seconded by Hr. ~anes and unanimously adopted. CITY T~EASt~I~; The City Auditor submitted vritten report on the audit of the records of Hr. Co ~o Ee~mett~ Treasurer of the City of Hoanoke, as of the of business December 31~ 1953. The report ~as flied. REPORTS OF CO,~,IITTEES~ None. UNFINISHED BUSI~SS i gONIN6-SETBACK LI~ES: Council having heretofore deferred action on an Ordinance prepared by Dodson and Pence, Attorneys~ representing Southern Oxygen Company, ~ncorporated, %miring and releasing the setback line established by Ordinance No. 1907~ insofar as it pertains to a setback line on Center Avenue~ and having requested Mr. Pence to redraft the Ordinance so as not to place the for the error solely upon the B'uildtng Inspector's Office~ the matter %ms ~ain before the body. In this connection, the City Clerk advised that the Ordinance has ~een redrafted by Hr. Pence and that copies have ~een sent to each member of Council; whereupon~ at the request of the President, Mr. Yfebber, the Ordinance as redrafted was read. In a discussion of the Ordinance~ Mrs. Pickett advised that she would like to hear what the former ~utlding Inspector has to say before the Ordinance ts considered. At this point, ~w. David Dick, former ~uildtng Inspector, ~ho ~as present at the request of the City Manager, stated that he has read the Ordinance and that the press of work in his office led to the mistake, advising~ however~ that there were two or more Inspections of the property made during the construction and that both the Electrical Inspector and the Plumbing Inspector made inspections from to time, but that the final inspection was made later. In a further discussion of the matter~ Mr. ~oody advised that he feels some way must be made available for checking setback lines, Mr. Dick advisln§ that so far as he knows this is the only case of this nature that has happened and that it was a ease of oversight; whereu~on~ Mr. Minton moved that the following Ordinance be placed upon its first reading. The motion~-as seconded by Hr. Hanes and adopted by the following ¥ote~ AYES~ Council members Hanes, Minton, Pickett, Waldrop, Woody, young, and the President, Mr. Webber ................ ?o HAYS~ Hone ....................... O. (~12038) AN ORDIRANCE ~raiving and releasing the setback line established by Ordinance No. 1907 insofar as it applies to existing improvements upon Lots 15 and 1S, Section 26, according to the ~ap of the Rogers, Fairfax and Houston Addition to the City of Roanoke (Official Tax Nos. 2112220, 2112221, 2112~22). ~]~REAS, Southern Oxygen Company, a Delaware Corporation, is the present owner of Lots 1§ and 16, Section 26~ according to the map of the Rogers, Fairfax and lIouston Addition to the City of Roanoke (Official Tax Nos. 2112220, 2112221, and 2112222) located at 603 Center Avenue, N. W., having purchased said property from Col=~bus F. Houchlns and S. Ellsateth Houchlns, his wife, by deed dated April 11, 1952, and recorded April 17, 1952, in the Clerk's Offlce of the Hustings Court for the City of Roanoke in Deed Book 877, page 315, ~lch conveyance ~s subsequent] ~corrected by a deed of correction from the sa~e parties dated January 19, 1983, and recorded March 24, 1953, in the aforesaid Clerk's Office in Deed Book ~98, page 477, and ¥.~REAS, said Southern Oxygen Company made fornal application for a buildln permit to the City of Roanoke's Department of Buildings on or about August 26, 1952 iwhich application showed by diagram the exact location proposed for a certain three-room, one-story cinder block office and storage building to be constructed on said property, and ~PiEREAS, pursuant to said application a building permit, No. 28818, was issued by the said department on August 29, 19520 approving said application but !failing to call attention to any setback line requirements as required so to do, an %;.'~EAS, in accordance with said permit and in reliance thereon the said Southern Oxygen Company constructed said building at a cost of approximately $~5,000.00 which was completed on or about November 30, 1952, the said Southern i Oxygen Company moving into and occupying said building on or about December 4, 1952 and E~IEREAS, at no time during the construction of said building, and not until the building was completed and occupied, was any inspection of said work made by th~ ibullding inspector of the City of Roanoke or any representative of his office, and ~FlEREAS, relying upon the aforesaid permit duly issued by said department, the said Southern Oxygen Company constructed its building in technical violation of Ordinance Ro.1907 establishing a setback line of ten feet from the property line along Center Avenue, N. W., and WHEREAS, said violationwas first called to the attention of Southern Oxyge~ Company by letter from the City Manager, Arthur S. Owens, dated January ~0, 1053, a~ ~IEREAS, Southern Oxygen Company has requested relief from the situation in which it finds itself, having relied to its detriment upon said duly issued permit, and having been advised that the cost to move the building in order to comply with said setback line would approximate $25,000.00, and WHEREAS, Council of the City of Roanoke is of the opinion that an imadverter administrative error of one or several of its employees has caused or substantially contributed to a situation of hardship which warrants granting to said Southern Oxygen Company the requested relief. 141 TBI/REFORE, BE IT OHDAIBED by the Council of the City of Roanoke that the ten-foot setback line established by Ordinance Hoe 1907 t~ ~ived and released lnsof as it applies to existing lmproYements upon Lots 15 and 16, Section 26, according to the map of the Rogerst Fairfax and Houston Addition to the City of Roanoke (Official Tax Nos, 2112220, 2112221 and 211~222)t more particularly described as follows~ BE~INNIN~ at a point at the northwest corner of Center Avenue (formerly Second Avenue) and Sixth Street, R. Wol thence to and with Center Avenue in a vesterly directionlO0 feet to a point on same; thence in a northerly direction parallel with said Sixth Street 130 feet to an alley; thence vith said alley in an easterly direction 100 feet to Sixth Street; thence ~rlth Sixth Street in a southerly direction 130 feet to the place of BE~INNIN6o BE IT FURTHER ORDAINED that this vaiver and release shall run vlth the land and apply to the property regardless of ovnership so long as the improvements nov existin~ thereon shall continue, and BE IT FUR~tER ORDAIh~D that in the event the City of Roanoke shall require the occupation of any area of said property within said setback line for street widening or other purposes the smme considerations shall apply, so lone as the improvements now existing on said lots shall continue thereon, to the acquisition of said land and improvements as if the present building had been constructed in the absence of any setback line, and BE IT F~TH~R ORDAINED, however~ that should the l~provements now existing on the said lots be removed or suffer dm~age, whether from fire, explosion or other- wise, to the extent of ninety per cent (90%) of the total value of said improvements then the foregoing provisions hereof shall be null, void, and of no effect, and the aforesaid setback line (unless sooner removed) shall thereupon apply to the said premises in full force and effect, and BE IT FINALLY ORDAINED that the Clerk of this Council deliver to Southern Oxygen Company, or its attorney, a certified copy of this ordinance, and that a certified copy of this ordinance be filed of record in the Clerk's Office of the Hustings Court for the City of Roanoke with costs to be b~rne by said Southern Oxyge Company. The Ordinance having been read, w~s laid over. Also in this connection, Mr. Woody moved that the City Manager be requested to make a study of the advisability of having another place at which street setback lines can be checked. The motion~ras seconded by Mr. Hanes and unanimously adopted. BUILDING CODE: Council havi~g deferred action on making an appointment to the Board of Appeal, as provided for in Section 108 of the Official Building Code of the City of Roanoke, to fill the four year term of ~. J. S. i~arbour, who unable to accept the appointment, the matter was again before the body; vhereupoa, gr. Young placed in nomination the name of Mr. Clarence E. Ha~kins for a term of four years ending September 30, 1957. The nomination was seconded by ~. Waldrop. There being no further nominatio~s, F~. Clarence M. Hawkins was elected as ia member of the Board of Appeal, as provided for in Section 108 of the Official Building Code of the City of Roanoke, for a term of four years e~ing September 30, 1957, by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Er. Webber ......... 7. NAYS: None ................. O. The City Cleff~was instructed to forward ~. Ha~kins a certificate of his. election. 143 _ CONSIDERATION OF CLAIM~: None, INTRODUCTION AND CONSIDERATION ~ ORDINANCES AND RF.,,~LUTION$.* ZONING-' Ordinance No. 120340 providing for the rezoning of pr~perties lyin~ of Fairfax Avenue and sonth of ¥~or~an Avenue~ N. W,~ between Eleventh T~elf~h Street~ from General Residence District to a Business District~ havin~ been before Council for its first reading~ read and laid over~ was again )efore the body~ ~Mo ~Ltnton offering the following for its second reading and fLnal (~120]~) M/ ONDINABCE to amend and reenact Article I, Section 1~ of Chapter 51 Of the Code of the City of Roanoke~ Virginia~ in relation to Zonin~o (For full text of Ordinance, see Ordinance Book No. 20, Page 90.) ~iro ~inton ~oved the adoption of the Ordinance. The ~otion ~as seconded by Young and adopted by the following vote: AYF~: Council members Hanes, Elnton~ ~/oody~ Young~ and the President, Webber ...................... 5. NAYS: Council members Pickett and 'galdrop .... REFUh~5 Ah]] REBATES-SEWAGE DISPOSAL: Ordinance No. 120]5, auth0rizin~ refunds ~f certain ae~age treatment charges erroneously made against and paid by certain customers of the cityts l/ater Department~ havin~ previously been before Council for ira first reading, read and laid over, ~raa ainin before the body, Er. the followin~ for its second reading a~d final adoption: (~12035) AN ORDIiiAi4CE authorizing refunds of ae~age treatment charges erroneously made against and paid by certain cuatomers of the City*s Water and appropriating the necessary funda w~th which to make such refunds. (For full text of Ordinance, See Ordinance Book No. 20~ Page No. 91.) ~. Hanes ~ved the adoption of the Ordinance. The ~otion was seconded by Er, Einton and adopted 'by the following vote: AYES: Council members Hanes, )~.lnton, Pickett, Waldrop, Woody, Young, and the Preaidsnt~ ¥~. Webber ......... 7* NAYS: None ........ [--O. )}OTIO~S A~D )iISCELLANEOU$ BUSINESS: PUBLIC LIBRARY: f2r. Waldrop advised that he has received co~plaints from the management of properties in which space is available for private meetings that the main library ia bein~ used for such meetings at very low costs or at no coat at all and moved that the matter be referred to the City F~anager to study the schedule rentals at the main library. The motionwas seconded by flro Noddy and adopted. SID/{ALK~ CURB AND DUTTE~ CONSTRUCTION: }ir. Youn~ advised that he has had complaints from two groups of citizen~ that they have tried to pay the costs for curb and gutter construction durtn~ 1953, but had been unable to make the deposits with the city~ }tr. Young advising that he has aixteen checks based on $1.12 per lineal foot from citizens living in the 2700 block of Avenel Avenue, S.N,, and seven checks from citizens livin~ in the 2700 block of Laburnum Avenue~ S.W., and moved that the checks be.referred to the City }~nager for his acknowled~nent their receipt and that he advise the o~ners if they w111 owe any additional amounts 144 whether there will be any refunds based on the 19~ rate. by ~iro Yaldrop and unanimously adopted. There being no further business, Council adjourned. APPROVED The mo~ion ~s aecond. Clerk Presideat COU~CIL, REOUIARHEETIN6, Honday, January 25, 1954. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Building, Monday, January 25, 1954, at 2100 otclock, po m., the regular meeting hour, with the President, Hr. %febber, presiding. PRESENT: Council members Hanes,- Minton, Pickett, ~'aldrop, %reedy, Young, and the President, Hr. ~;ebber ............... 7. ABSENT: None .................... O. OFFICE~S PRESENT, Mr. Arthur S. Owens, City Manager, and Mr. Harry R. Yates~ City Auditor. The meeting was opened with a prayer by the Reverend S. Earl Mitchell, Paste of the First Church of the Brethren. MINUTES: Copies of the minutes of the regular meetings held on Monday, January 11, 1954, and Monday, January 18, 1954, having been furnished each member of Council, upon motion of Mr. Minton, seconded by Mr. %faldrop and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC MATTERS: SIDE~ALK, CLUB AND GUTTER CONSTRUCTION: Pursuant to notice of advertisement for bids on the construction Of concrete sidewalk and concrete curb and gutter, with appurtenant work thereto, at various locations in the city, according to plans and specifications of the city, said bids to be received by the City Clerk until 2:00 o'clock, p. m., Monday, January 25, 1954, and to be opened before the Council of the City of Roanoke at that hour, the President, Mr. %febber, asked if there were any questions about the advertisement anyone would like to ask, and no representati present raising any question, the President instructed the Clerk to proceed with th opening Of the five bids received. The bids having been opened and publicly read before Council, Mr. Yraldrop offered the following Resolution: (#12039) A RESOLUTION referring bids on the construction of concrete sidswa] and concrete curb and gutter at various locations in the City of Roanoke to a committee composed of Mr. Arthur S. Owens, City Manager, Mr. John L. %:entworth, Director of Public ¥Yorks, Mr. H. Cletus Broyles, City Engineer, and Mr. R. B. Moss, Purchasing Agent, for tabulation and report to the Council of the City of Roanoke. (For full text of Resolution, see Ordinance Hook No. 20, Page 96.) Mr. ~'aldrop moved the adoption of the Resolution. The motion was seconded by Mr. Minton and adopted hy the following vote: AYES: Council members Hanes, Minton, Pickett, %;aldrop, %'oody, Young, and the President, Mr. ¥~ebber ............... 7. NAYS: None ...................... O. PETITIONS AND COMMUNICATIONS: %!ATER DEPARTMENT-HEALTH DEPARTMENT: Communications from Mr. Frederick L. Tics, Mr. Harry P. Cowley and Hr. Russell Peyton, objecting to the fluoridation of the City of Roanoke water supplies, and also printed copies of the Congressional Record, Proceedings and Debates of the 83rd Congress of the United States of America, on the subject of fluoridation, as distributed by the Citizen~ Committee on Fluoridation, were before Council. The co~munications were filed. 145 146 C0HPLAINTS-WATER DEPARTH~Tt A communication from the President of the Rlverdale Civics Club~ advisir~ that they have not received a reply from the City Hanager in connection vith their previous request for certain improvements in the Rlverdale area~ requesting that Jerome Street and Nineteenth Street be opened~ and advising that the club vii1 oppose any du~pin~ of waste or garbage in the co~unity, before Council. The City Hanager advised that he has gone into the previous requests of the club and that he will officially report to Council if they so desirel whereupon, Hr.i Waldrop moved that the requests of the club be referred to the City Hanager for study and report back to Council. The motion'vas seconded by Hr. Hanes and adopted. ?AXES: Council having referred to the City Attorney and the Co:missioner of Revenue a request from Mr. J. T. Engleby, Jr., that in the compilation of the annual real estate tax assessments, the names of owners be arranged by the Com~is- sioner of Revenue in alphabetical order regardless of race, color or creed, a cox-aunication from the Coxmissioner of Revenue advising that in his opinion it greatly facilitate the preparing of the land book if it could be done In alphabetics order but calling attention to Section 58-804 of the Code of Virginia which states ithat the land book shall be arranged showing a separation of white and colored property owners, was before the body. In this connection, a communication from the City Attorney, advising that any attempt to authorize or direct the Commissioner of Revenue to compile his annual books without regard to a separation of properties owned by white persons and pro- perties outed by colored persons would be inconsistent with the general law of the state and directly in conflict with Section S8-S04 of the Code of Virginia, was before Council. On motion of Mr. Minton, seconded by Mr. Hanes and unanimously adopted, the City Clerk ~s instructed to advise Mr. Engleby that the matter is controlled by state law as set out in Section ~8-804 of the Code of Virginia. CITY PLANNING CONfitlSSION: A communication from the Secretary of the City Planning Commission, together with the Annual Report of the City Planning for 1953, was before Council. The comaunlcation and report were filed. CLAIP~-%!ATER DEPARTI~NT: Council having previously instructed the City Manager to ascertain if an agreement can be ~orked out with Mrs. Lena H. Arnold, 4205 l'~omln~ Avenue, N. W., for the planting of shrubbery, flowers) etc., by the city along her property line in connection with her claim of $201.50 for alleged d~ages to her property as a result of the erection of a fence at the Washington Heights Elevated Tank Site, a co~.-amication from ~ms. Arnold asking what decision, if any, Council has made in regard to her claim, was before the body. It appearing that the City Manager has not as yet submitted his report on the matter, action on the question was deferred until such time as Council receives the official report of the City Manager. CITY SERGEANT: A communication from Mr. Joe Moffatt of Radio Station WSLS- AM-FY-TV, co~'aending the staff of the City Sergeant's office and the City Sergeant for their cooperative help to the News Department of %~LS in setting up electrical equipment and use of the Sergeant's office in connection with the carrying by the radio station of a portion of the trial being held in thc Law and Chancery Court, before Council. ly The co~micationvas filed. TAXESs A conmunication from I~. John A, Evans, requesting that his 1954 real estate taxes on property located at 1941 Franklin Road, S. W., te reduced, vas tefore Council. On motion of Mr~ Waldrop, seconded by Mr. Young and Unanimously adopted, tht hatter vas referred to the Board of Assessors for ~andling. REPORTS OF OFFICERS~ PUBLIC LIBRARY~ Council Paving previously referred to the City Manager for study the schedule of rentals of space in the Roanoke Public Library, he submitted written report together with the following letter from the Director of the Boanoke Public Litrary~ "$anuary 21, 1954 Mr. Arthur S. O~ens City Manager Roanoke, Virginia Dear Mr. Owens~ Subjects Meetings in the Public Library Auditorium In Tuesday's Newspaper, I noted that you were requested to look into our policy regarding meetings. The idea seemed to be that we were in com- petition with the hotels. I hope the following lnfornation may clarify thi situation and give you the information you need. The auditorium in the library is available for groups holding cultural and educational meetings. The use of the auditortu~ is free, providing that the meetings are held during the hours the library is open and that no admission, tuition, or fee for attending, or offering is taken by the group holding the meeting. If there is an admission, tuition, and etc., then there is a charge for the meeting room. In cases where the m~eting lasts beyond the library closing time~ the group sponsoring the meeting shall pay the janitor or acting Janitor $1.00 per half hour or fraction thereof. In cases where an admission charge, fee tuition, and etc., is made, the group shall pay the sum of $5.00 for each such meeting. This honey is turned over to the City Treasurer promptly and is audited along with our other receipts, such as fines, lost books paid, and etc. This policy ~s stated in my letter to you on May 19, 1953, and my copy bears your signature with approved 5/19/53. In ~rklng up our annual report our records and calendars show that there were approximately 228 meetings held in the library last year with approximately 5,000 people attending. Most of these meetings were in the auditortumwhlle some of the smaller meetings ~et in the Art and Music and others in the Business and Industrial Rooms. The only groups that have come under the fee basis so far are the Dale Carnegie Classes sponsored in Roanoke by their Southwestern Virginia representative, John O. 6arrett who lives at 2019 Denntston Avenue, S. W. A preliminary check indicates that we received $174.59 from Auditoriu~ Rental in 1953 (The $.59 is explained by the change in our policy in the May 19, letter. In the early part of 1953 there ~s a 10% of net proceeds clause which proved difficult to administer and vas changed with your permission at the middle of the year.) The University of Virginia Extension Division will shortly sponsor a series of Forums in the auditorium and the same principle applies here. have had one inquiry during the past year regarding the further utilization of the auditorium on a pay basis and my reply, of course, stated the existir rules under which we operate, but the offer has never been replied to. The Library Board, as I gather their feeling on this matter, feels thai the library facilities, including the auditorium and meeting be used and utilized to the fullest extent possible and feasible. building ~ras built and is being operated by taxpayers money, we have tried establish our rules and regulations assimply and as generous as efficient operating practices will permit. Personally, I do not feel that we are in any way in competition with hotels or other places which have or hold meetings. We do not permit the serving of food and the meetings are limited to educational and cultural groups. If you desire further information, or if you wish to suggest a change in our policy, I will be happy to meet with you to work this out. Sincerely (Signed) Harold J. Sander Harold J. Sander Director" 147 I48 After a discussion of the ~atter, Hr. ~ldrop noved that the Library Board be asked to prepare a schedule of rental charges for use of the auditorium and space in the ~ain library and to su~tt the schedule to Council for its considerati~ in adopting an official rental rate, The motion ~as seconded by Hrs, Pickett and unanimously adopted, WA~EH DEPArtmENT-HEALTH DEPAHTH~/T~ The Clty Hanager submitted ~rltten together with~ritten confir~ations from O~ega Hachine Company and Wallace and ?iernan Company~ Incorporated, that they will extend their bids for sixty days on fluoridation equipment. The report ~ras filed. DONATION$-?U~CHASE OF PROFE~TY: The City Manager presented ~Tltten report urging that Council accept a verbal offer of Hr. So D. Fer~uson to sell certain lot: to the City of Roanoke and to give to the city tm other parcels of land, in order extend the drive along the river another 2600 feet, together with the folloving letter from the City Engineer and the Director of Fvblic Works: "DATE: January 22, 1984 TO: Mr. Arthur S. Owens, Clty Manager FROM: Mr. H. C. Broyles, City Engineer Attached hereto is a letter In whlch Mr. S. D. Ferguson has indicated he will convey to the City all of Block 21 and Block 22, Riverland Road Addition, for the s~ of $800.00. Mr. Ferguson further agrees to give to the City two parcels~ Tax Nos. 40~0616 and 41~0102. All of the above- mentioned property lies along Roanoke River. We have had an appraisal made of Block 21 and Block 22, which is in keeping with the offer made by Hr. Ferguson. The property is in the name of Company of which Mr. Ferguson is the controlling interest. This property is necessary for ultimate development of a drive along the River and the development between the proposed road and the River itself. It is recommended that s~eps be taken by the Olty to accept Mr. Fcrguson's offer. (Signed) H. C. Broyles Clty Engineer Approved: (Signed~ Jno. L. Wentworth Director of Public In a discussion of the offe~ the City Manager advised that he feels this is a good investment for the city ar~ pointed out certain lands now o~ed by the city in the area, but suggested ~hat the proposal be referred to the City ~lanning iCo~ission; ~ereupon, Mr. Young moved that the proposal be referred ~o the Cl~y Planning Commission for study, report and recom~endation to Council. The motion seconded by Mr. Woody and unanimously adopted. SIDEWALK, CLUB AND GUTTER CONSTRUCTION: The City Manager submitted the following report with regard to the construction of curb and gutter on Avenel S. "Roanoke, Virginia January 2~, 1984 To l~e City Council Roanoke, Virginia Members of Council: You referred to me at our meeting on January 18 a series of checks received from citizens on Avenel Avenue as payment for the installation of curb and gutter, on %~lch they estimated the cost to be $1.12 per lineal foot. Since they are tenth on the list and since more than seventy-five per cent of the lineal feet in this block have been paid up, I ~ sure the contractors will have this accomplished within the next sixty tordnety days. 149 Bids on sidewalkt curb and gutter work have been opened todayg so am forwarding the checks to the Clty Clerk to be held until the estimates have been made up by our ~r~lneering DePartment. Respectfully submitted, (Signed) Arthur S. Owens City ~anager# On ~otton of Hr. Young, seconded by ~Lr. Waldrop and unanimously adoptedg report of the City Hanager %as concurred in. Also in this connection~ the City Manager submitted the followin~ report [with regard to the construction of curb and gutter on Laburnun Avenue, "Roanoke, Virginia January 2S~ To The City Council Roanoke~ Virginia Members of Councllt You referred to me at our meeting on January 18 a series of checks in payment for the construction of curb and ~utter on Laburnum Avenue, On ~ich they estimated the cost to be $1.12 per lineal foot. A perusal of the list sho~s that there is only aleut fifty per cent paid up, and in accordance with your policy it would require seventy-five per cent of the lineal feet to be paid before the Clty would undertake this ~ork. This request is now twenty second on our list~ and I would suggest that the Lalance of the property owners be advised that seventy-five per cent of the total lineal feet must be paid before the %~rk can be accomplished. Bids on sidewalkg curb and gutter work have been opened today, so I am forwarding the checks to the City Clerk to be held until the estimates have been made up by our Engineering Department. Respectfully submitted~ (Signed) Arthur S. Owens City After a discussion of the matter~ Mr. Young moved that Council concur in the report of the City Hanager and that he be requested to notify the property owners on Laburnum Avenue and Averts1 Avenue the necessary steps to be taken by them in order that other o~ners may pay their assessments. The motion was seconded by Mr. Waldrop and unanimously adopted. REPORTS= The City Manager submitted %Tltten reports from the Police Depart- ment and the Department of ?arks and Recreation for the month of December~ 195~; also from the Department of Air Pollution Control for the months of November and December~ 1953. The reports were filed. CITY PHYSICIAN: The Clty Manager submitted ~itten report from the City Physician for the month of December, 195~ showin§ 604 office calls and 688 prescriptions filledg as compared ~dth 764 office calls and 6?7 prescriptions for the month of December, 1952. The report was filed. AL~HOUSE~ The City ~mrmger submitted ~Titten report from the Almshouse for the month of November~ 195~, showin§ a total expense of $2,127.40~ as compared with a total expense of $1~731.43 for the month of November~ 1~82; also a re~ort for the month of December, 195~g show~r~ a total expense of $1,96~.~ as compared with a total expense of $1~897.61 for the month of December~ 1952. The reports were filed. HEALTH DEPANT~ENT= The City Manager submitted the following report in connection ~th a proposed Joint City and County Health Department: "Roanoke~ Virginia January 2~ 1~4 To The City Council Roanoke~ Virginia Members of Council= The Health and ~elfareDepartmen~of the City of Roanoke and the County of Roanoke are so Co-mir~led that their interdependence cannot be separated, Realizing this~ efforts have been made whereby the State Department Of Health would assist Roanoke County, who in turn could enter into an agree- ment with the City of Roanoke that we have a Joint City and County Health Department. This proposal received the full endorsement of our present Commissione! of Health~ our own Health Board~ and, I can say without final assurance State Department of ~[ealth~ with the obvious provision that the funds be made available by the present General Assembly. I would recommend that our Council by appropriate resolution invite the Board of Supervisors to form a committeet consisting of t.hree persons, to meet with a like committee appointed by City Council and discuss the possibility of such an agreement° I cannot help but feel enthused that this would be a forward moYe~ and I enthusiastically request your endorseme: of this proposal. I can appreciate the fact that there are a tremendous number of detall~ and questions to be anawered, but I do believe that an ultimate contract and agreement can be worked out agreeable to both sides. Respectfully submitted, (Signed) Arthur S. Owens City Manager" After a discussion of the proposal and Council heine of the opinion that the Town of Salem and the Town of Vlnton should also be considered in the overall plan, Mr. Minton moved that the City Attorney prepare a resolution providin~ for appoint~ent of a co=~ittee composed of the Acting Co.~nissioner of Health, the City Manager, the City Attorney and the City AuditOr to confer with representativ~$ of Roanoke County and other political subdivisions to negotiate an agreement for opera~ a Joint City-County Health Department under the direction of the Roanoke City Co, missioner. The motion was seconded by Mr. Hanes and unanimously adopted. REPORTS OF CO~ITTEES: None. UNFINISHED BUSINESS: None. CONSIDERATION OF CLAI~: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND BESOLUFIONS: ZONING: Ordinance No. 12026, providing for the rezonin~ of a parcel of land ilylng b~tween Jefferson Street and Crystal Spring Avenue, S. W., north of Street, designated as Official No. 104100~, from General Residence District to Busl~ iDistrict, 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 Isecond reading and final adoption: (#12036) 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 92.) Mr. Young moved the adoption of the Ordinance. The motion ~s seconded by Mr. Minton and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, ~ldrop, Woody, Young, and the President, Mr. ~ebber ........................... 7. NAYS: None .................................. O. STORM DRAINS: Ordinance No. 12037, authorizing execution of a deed of quitclaim and release to a portion of a former storm drain right-of-way over proper of the Nelson Hardware Company, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Minton offerin~ the following for its second reading and final adoption: (~12037) A~ ORDINANCE authorizing and directing the execution of a deed of quitclaim and release to a portion of a former storm drain right-of-way over propert owned by Nelson Hardware Company, a corporation. (For full text of Ordinance, see Ordinance Book No. 20, Page 93.) ng Hr, Minton moved the adoption of the Ordinance, The motion vas seconded by Hrs. Pickett and adopted by the £ollowing vote~ A~.Ss Council members Hanes, Minton, Pickett, Waldrop, $!oody, Young, and the President, Hr. ~'ebber .............. 7. NAYS~ None ..................... O. ZONING-SETBACK LI~! Ordinance No. 12038, ~aivlng and releasing the setbac] line est~blished by Ordirmnce No. 1907 insofar as it applies to existing lmprovemen :on Lots 15 and 16, Section 26, No§ers, Fatrfax and Nouston Addition Bap, presently o'.-ned by the Southern Oxygen Company, having previously teen tefore Council for its first reading, read and laid over, vas again tefore the t~dy~ ~MSo Pickett offering the following for its second reading and final adoption: (#120S8) AN ORDINANCE waiving and releasing the set~ack line established by Ordinance No. 1907 insofar as it applies to existing inprovements upon Lots 15 and Section 26, according to the map of the Rogers, Fairfax and Houston Addition to the City of Roanoke (Official Tax Nos. 21122~0, 2112221, 2112222). (For ~ull text of Ordinance~ see Ordinance Book No. 20, Page 94.) Hrs. Pickett moved tho adoption of the Ordinance. The notion %~s seconded by Mr. Young and adopted by the ~ollowing vote: AYES: Council memters Banes, Mlnton~ Pickett, %.hldrop~ ~'oody, Young, and the PTesident, Mr. %/ebber ............ ?. NAYS~ None ................... Oo PLUMBING CODE: The City Attorney having been requested to prepare the prope: Ordinance amending and reordaining Section ~5 of the Pl=~btn§ Code of the City of Roanoke to provide for an increase in the rate of plumbing fees charged for permits and inspections, the Assistant City Attorney presented sane. After a discussion of the proposed Ordinance, it being brought out that the has been some objections to the proposed increase in the charges, and Council being of the opinion that a public hearing should be held on the matter, Mr. Minton moved: that action on the Ordinance be deferred, and that a public hearing be held on the question at 2:00 o'clock, p. m., Monday, February 15, 1954. The notion %~s seconde~ by Mr. %foody and unanimously adopted. STATE HIGHWAYS WITHIN CITY LIMITS: The City Attorney having been requested to prepare the proper Ordinance providing for the acquisition of necessary right-of- way and also providing for the city's participation with the Commonwealth of iVirgtnia in connection with the widening and improvement of a portlon of Colonial Avenue, S. W., the Assistant City Attorney presented sane; whereupon, Mr. %~ldrop offered the following emergency Ordinance: (~12040) AN ORDINANCE providing for the City's participation with the Commonwealth of Virginia in the widening and improvement of a portion of Colonial Avenue~ S. W. (Bent Mountain Road); authorizing and directing the acquisition of options to acquire certain strips of land on the north side of Colonial Avenue for widening purposes; providing for the payment for such additional right of way to be acquired by the City; and providing for an emergency. (For full text of Ordinance,see Ordinance Book No. ROI Page 96.) Mr. $~ldrop moved the adoption of the Ordinance. The motion ~ms seconded Mr. ~oody and adopted by the following vote: AYES: Council members Hanes~ Minton, Pickett, %~ldr~p, ~'oody, young,and the President, Mr. k~ebber ............. 7. NAYS: None ................ O. 152 BUDOET: Councilman young advised that at hie request the Assistant City has prelmred an Ordinance relating to the General Fund of the City offered the following emergency measurel (t12041) AN ORDINANCE relatlng to the 6eneral Fund of the City of Roanokel lrecting the transfer of certain accumulated surplus to said Fundl and providing (For full text of Ordinance~see Ordinance Book No. ~0, Page 98°) In a discussion of the Ordinance, Hr. Young advised that this Council and Councils have been able to build up the surplus and that he cannot see this deflctt spending since the city has the cash, stating that he feels it represents ;ound financing in the fact that the city has been able to accumulate the money again day when it ~uld be needed. Hr. Young moved the adoption of the Ordinance. The motion vas seconded by Hanes and adopted by the following votel AYES: Council members Hanes, Hinton, Pickett, Waldrop, Woody, Young, and President, Mr. Webber .......... 7. NAYS: None ................. O. BUDGET: Council having held numerous budget studies in connection with the ~osed 1954 budget, and the final draft showing total estimated revenues in the of $9,956,S65.00 and total appropriations in the a~ount of $10,672,689.54, Young brought to the attention of Council the following communication from the City Attorney in connection with the wording of the recital and ordaining ~lause of the draft of Ordinance: "January 25, 1954. Honorable Walter L. Young, Roanoke, Virginia. Dear Sir: At your request there has been prepared hy our office an ordinance transferring certain accumulated, unappropriated surplus to the General Fund of the City of Roanoke for use in meeting 19~4 appropriations. In preparing the above-mentioned ordinance ! have had occasion to read the recital and the ordaining clause of the 1954 Appropriation Ordinance which is now before Council for adoption. It occurs to me that the changes should be made in the wording of the title and the ordaining clauses of the 19~ Appropriation Ordinance, the reasons for which the City Auditor' will be in a position to discuss with you: (1) On page (7) there should be added to the title of the ordinance after the ~rds 'Dece=ber 31, 1954;' 'fixing the rate of pay for certain City employees;'. (2) That the ordaining clause should read as follows: 'THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that all money that shall be paid into the City treasury for the General Fund in the fiscal year beginning January 1, 19~4, and ending December 31, 19~4, together with the available surplus in the Oeneral Fund on December S1, 195~, shall constitute a Oeneral Fund and that as much of the same as may bo necessary be, and the ss~e is hereby, appropriated to the follo~ng uses and purposes, to-wit:'. (S) On page (66) the first ordaining clause should read: 'BE IT FURTHER ORDAIR-ED that this Ordinance shall be known and cited as the 1954 Appropriation Ordinance'. Very truly yours, (Signed) J. N. Kincanon Assistant City Attorney" Mr. Young moved that the draft of the proposed Appropriation Ordinance be amended in accordance with the suggestion of the Assistant City Attorney. The motl( seconded by }-M. ¥~ldrop and adopted by the following vote: A~ Council members Manes, Hinton, Pickett, Waldrop, Woody, Young, and the Presidentt Hr. Webber .............. 7. NAYS: None ..................... O. Hr. Young then offered the following emergency Ordinance, as amended: (~12042) AN ORDINANCE making appropriations from the General Fund of the Cl~ of Roanoke for the fiscal year beginning January 1, 1954, and ending December S1, 1954; fixing the rate of pay for certain City Employees; and declaring the existenc, of an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page Hr. young moved the adoption of the Ordinance as amended. The motionwus seconded by Hr. Waldrop and adopted by the following vote: AYES: Council members Nanes, Minton, Pickett, Waldrop~ Woody, Young, and the President, Mr. Webber ............... ?. NAYS: None ...................... O. BUDOET-%~TER DEPARTMEnt: Council having considered the proposed draft of th, 1954 Water Department Budget in budget studies, and the final draft showing total estimated revenues in the amount of $1,06g,500.00 and total appropriations in the amount of $1,06B,049.51, Mr. Young offered the following emergency Ordinance: (#12043) AN ORDINANCE making appropriations from the %~ter Department's General Fund for the City of Roanoke for the fiscal year beginning January 1, 1954~ and ending December S1, 1~54; fixing the rate of pay of employees of the %~ter Department; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page Mr. Young moved the adoption of the Ordinance. The motion ~ns seconded by Mr. %~ldrop and adopted by the following vote: AYES: Councll members Banes, Minton, Pickett, Waldrop, %~ody, Young, and the President, Mr. Webber ............. 7. NAYS: None ..................... O. BUDGET-SEWAGE DISPOSAL: Council having considered the proposed draft of the 1954 Se%mge Treatment Budget in budget studies, and the final draft showing total estimated revenue in the amount of $S90,500.00 and total appropriations in the amount of $S86,5S1.09, Mr. Young offered the following emergency Ordinance: (#12044) AN ORDINANCE making appropriations from the Se%~ge Treatment Fund for the City of Roanoke for the fiscal year beginning January 1, 1954, and ending i December S1, 1954, and declaring the existence of an emergency. (For full text of Ordinance~ see Ordinance Book No. 20, Page }M. Young moved the adoption of the Ordinance. The motion %~s seconded by Hr. Waldrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, %hldrop, Woody, Young, and the President, Hr. ~febber ................ 7. NAYS: None ........................ O. MOTIONS AND HISCELLANEOUS BUSINESS: SALARIES-CiTY E~PLOYEES: ~. Wa!drop called to the attention of Council discussions which were held during the recent budget study meetings of the need for bringing the Job Classification and Salary Plan,as previously submitted by the Job Classification Committee, up to date and putting the same into effect, and moved that Council meet at ?:~0 o'clock, p. m., February 18, 1954, with Mr. J. Robert Thomas, Chairman of the Job Evaluation Board, in order that Council may be briefed on the status and value of the plan at this time. The motion %ms seconded by Mr. Woody and unanimously adopted. 154 STREET LIgHTS~ Hr, ~aldrop brought to the attention of Council and the City Hanager the request of a citizen flor t~o additional street lights on Courtland Avenue, No Wo~ in the 2~0 and L~O0 blocks, and asked the City H~nager to lock into the ~atter o There being no l~urther business, Council adjourned, APPROVED COUNCIL, REGULAR }r2~ETING, Monday, February 1, 1954, The Council of the City of Roanoke neb in regular meeting in the Circuit Court Roo~ in the Municipal Euilding, Monday, February l, 19S4, at 2100 o'clock, p. m., the regular meeting hour, with the President, Mr. Webber, presiding. PRESENT: Council members Ranes, Minton, Pickett, ~ldrop, Woody, Young, and the President, Mr. ~'ebber .......... 7. ABSENT: None ............... O. OFFICERS PRESENT: Mr. Arthur S. O~ens, City Manager, Mr. Randolph G. %~ittl. City Attorney, and ~. Harry R. Yates, City Auditor. The meeting was opened ~Ith a prayer by the Reverend R. R. Beasley, Pastor of St. John's Episcopal Church. HEARING OF CITIZENS UPON PI~LIC MATTERS: None. PETITIONS AND CO}.~'NICATIONS: POLICE DEPARTmeNT: A co~unication from Mrs. Ernest C. Moore, Secretary, Dominion Auxiliary No. 1, Fraternal Order of Police, expressing 8ratitude and ~ ctation for the salary increases and adjustments made in the Police Department, was before Council. The co~nunicat~on %~as f~led. STADI%%! ADVISORY CO~ITTZE: A cor. munication from ~{r. Clyde Cooke, accepting his ~ppoint~ent as a member of the Stadi~ Advisory Com~utttee, ~as before Council. The conuunlcatlon %ms filed. STREETS AND ALLEYS-PARKS AND PLAYGROI~DS: The following communication from the City Planning Com~misslon, in connection with incorporating additional lots into the park system and the closing of an unopened alley, was before Council: "January 22, 19~4. The Honorable R. L. ¥~bber~ Mayor, and Members of City Collncil, Roanoke, Virginia. Gentlemen: Attention is called to the fact that the City has acquired several lot delinquent in taxes, which are located at the intersection of ~Ise Avenue and 23rd Street, S. E.~ as sho%~ on a copy of a plat attached hereto. In view of the fact that said lots are adjacent to Fallen Park, a fifteen-foot alley dividing said properties, it is felt that they should be included as a part of Fallon Park, and that said unopened alley should be vacated. The City Planning Co~missfon recommends that Lots 1, 2, 3 and 4, Block 31, McDonald Addition Map, be incorporated in the r~rk system as a part of Fallon Park. It is further recommended that said fifteen-foot alley be permanently vacated and closed in accordance with the law pertaining to the official closing o£ alleys, and that this question be referred to the City Attorney for such action as nay be necessary. Respectfully submitted, (Signed) George Dungllnson, Jr. Chairman." Mr. Woody moved that Council concur in the reco~mendatlon of the Planning Co~ission and that the matter be referred to the City Attorney for preparation of the proper measures to incorporate the lots into the park system and the necessary measures for vacating and closing the unopened alley, and also zoved that a public hearing on the alley closing be set for March 1, 1964, at 2:00 o'clock, p. m. The motion %fas seconded by Mr. %faldrop and unanimously adopted. :155 P~RES ~ND PLAYOEOU~DS: The following co~-~mleation from the City Planning Co~lsslon with reference to acquiring the Hartsook Estate for park purposes, ~ms before Councll~ "January 28, 1954. The Honorable H L Webbe . · · r Ma_or! and Members of City Council, Roanoket Virginia. Gentlemen~ In connection with your letter of October 3, 1951, referring to the Com~lssion for study, report and recommendation to Councilt a Joint co~muni, tlon from the Rev. D. N. McOrady and Mr. J. O. Plunkett, suggesting that the Rartsook Estate be acquired for park and playground purposes: The Co.'m~ission feels that said tract of land would be a nice addition to Mill Mountain and tho park system, and recommends that the matter be kept in mind to the end that the property be acquired if and when Council may deem it advisable so to do and its acquisition can be financed. Respectfully submitted, (Signed) George Dunglinson, Jr. Chatrnan." Mr. Minton moved that the recor_nendation of the Planning Co~nission be received and that the mmtter be referred to the City ISnager for study, report, reco~zendation and the preparation of a nap for Council showing the area in questlor The motion %~s seconded by Mr. Hanes and unanimously adopted. LEGISLATION-TAXES: A resolution from the Board of Supervisors of Bedford County, Virginia, opposing the removal of the automatic penalty for failure to file personal property tax returns prior to the filing deadline, was before Council. In this connection, Mr. Young advised that he feels any action taken at this time would be premature inasmuch as no legislation has been introduced in the General Assembly to remove the penalty and moved that the item be tabled. The motl~ was seconded by Mr. %~ldrop and unanimously adopted. TRAFFIC: A co~nnnication from the Melrose PTA requesting that a traffic signal light ~e installed on Orange Avenue and Sixteenth Street~ N. W., and calling attention to the fact that small children have to stand from seven to ten minutes in all kinds of weather %~iting for a break in traffic in order to cross the street, was before Council. On motion of Mr. Minton, seconded by ~. Waldrop and unanimously adopted, matter %ms referred to the City Manager for study, report and reco~endation to Council. REPORTS OF OFFICERS: AIRPORT: The City Manager presented %Tltten report together with the following letter fro~ ~4r. +finslow S. Jones in connection with the rental of rooms in the Cannaday Rouse at the Roanoke Municipal Airport: "January 26, 1954 Mr. Marshall L. Harris Airport Manager ~,~oodr~ Field Roanoke, Va. Dear Marshall: Recently my mother-in-law suffered a partial stroke which left her unable to care for herself. The doctors expect her to recover within one to three months. DurinE this convalescent period it was necessary to move her in with us so that we could care for her. Our apartment, as you k~ow, has only two bedrooms - under the clrc~- stances this is not adequate and we need additional room on a temporary bas~ I ~uld like to ask your pernission to use the lo.er rear room on the ~'est side of the Cannaday House. The use of said room to be on a temporary month to month basis until such time as this condition can be cleared up. You may be sure that the use of this room will ~e in a discreet and proper manner. Very truly yours, (Sl£ned) Winslow S. Jones ~lnslow S. Jones" In a discussion of the matter, the City Manager advised that the Airport Manager has suggested rental of the additional room at $12.f0 per month on a month to month basis, in which suggestion he concurs. In a further discussion of the matter, the question %ms raised as to the cityls right to regain possession of the room if it is Occupied by an invalid or sick person; whereupon, Mr. }lanes moved that action on the request be deferred and that the City Attorney he requested to make an ex~ninatien of the law as it relates to recovering possession of property where an invalid or sick person is involved. The motion %ms seconded by Mr. Woody and unanimously adopted. STATE HIO}SIAYS %qTHIN CITY LIMITS-STREE? %~DENIYG: Council having heretofor~ adopted Resolution No. 11959, relating to the acquisition of certain properties necessary for the widening and improvement of Hershberger Ro3d, N. %f., the City Manager presented the following report: "Roanoke, Virginia January 29, 1954 To the City Council RoarDke, Virginia Eemhers of Council: %~ have attempted to purchase certain property from Bo~nie Sharpe on Hershberger Road, and in accordance with your resolution, %;e made an offer of $1,170.00. At a conference of the attorneys for Mr. and Mrs. Sharpe and our o~.m representatives, it was agreed a new appraisal and analysis of the property would be made. This has been accomplished, and the legal department has prepared the necessary resolution for your adoption, which I would so recommend. Respectfully submitted, (Signed) Arthur S. Owens City Manager" The City Manager then presented the following report from the appraisers with reference to the property of Mrs. Bonnie Lee Sharpe: "January 27, 1984 Mr. Arthur S. Owens City Manager Municipal Building Roanoke, Virginia Re: Residence property Bonnie Lee Sharpe Hershberger Road, N. M., Roanoke, Virginia Tax Serial fRf~3010S Dear Sir: As recently requested by you, we have inspected the eaptioned property in connection with the proposed widening of Hershberger Road in front of the property. It is our opinion that the land to be taken for road purposes, a total of ~22S square feet, has a value of six oents per square foot, or a total of $1~3.$0. It is also our opinion that the residue of the property will be damaged to the extent of $1,280.00. This dm~age will be caused by the right-or-%my extending approximmtely three feet closer to the Sharpe residence than at the present, also the lowering of the grade in front of the house an additional depth of two to three feet. In addition to the above damages we believe the City should reset the fence on the new line, regrade and connect up the driveway into the Sharpe pro- perty and also reset the hedge, and any shrubbery disturbed in the road building, provided the owner requests same to be reset. Very truly yours, (Signed) T. Howard Boyer (Signed) J. A. Turner (Signed) C. Cecil Flora" In a discussion of the report and the new appraisal: it was brought out thai the 6regory Lo smith property also is to be reappraised, the City Manager advising that any actions to condemn this lend will have to wait until after the adjournment of the Seneral Assembly since Senator Earl A. Fitzpatrick is the att~rr~y represent- ing the Smiths. After a further discussion o£ the matter, Mr. Hlnton moved that action on the Sharpe property be held in abeyance until both the Smith and Sharpe properties are before Council. The notion ~2s secor~ted by Mr. Hanes and unanimously adopted. BRIDGES: The City Manager having been requested to ascertain the cost of widening the present Tenth Street Bridge, he submitted the following report: "Roanoke, Virginia January 29, 1954 To The City Council Roanoke, Virginia Members of Council: At our regular meeting on Monday, January 18, you directed ne to ascertain the cost of widening 10th Street Bridge. Hr. Wentworth conferred with the officials of N & If, and their Chief Engineer, Mr. A. B. Stone, has prepared the following letter giving the estimated cost, which ! would like to submit to you at this time: 'January 26, 1954 Mr. John L. %~nt%mrth Director of Public ~.%rks ~nicipal Building Roanoke, Virginia Dear Mr. Wentworth: Yours of the 22nd, rmking further reference to your letter to me of the 20th, above subject, and requesting that I give to you approxlm cost of ~idenlng Tenth Street Bridge to four lanes. As the steel trusses were erected in 1906, they now being 48 year~ old, ! think that if a £our-lane structure is to be provided then a completely new structure should be built, with the exception of the ~asonry which could be reused; it, of course, being necessary to exten~ the pier and abutments. To construct a new bridge, ~ith a cross section equivalent to the new structure for the elimination of Jefferson Street Crossing--that i: to provide t%m 26-ft. road%mys and two 5-ft. sidewalks--is estimated t~ cost $500,000.00. This figure is for the structure only and does not include any money for approaches. ~r,e above estimated cost is approximate, and at such time as narc serious consideration is given to replacement of the existing structu: ~e would, of course, %~nt to prepare a more detailed and complete estimate. Yours truly (Signed) A. B. Stone Chief Engineer' Respectfully submitted, (Signed) Arthur S. ~ens City Manager" After a discussion of the report, Mr. ~faldrop moved that the question be referred back to the City Manager to obtain the costs of widening the present bridg from eight to ten feet. The noticn %~s seconded by Mr. %~ody and unanimously adopt Later during the meeting, Mr. Minton nrged that priority be given to the southeast section %~hen new bridge construction is considered, advising that he feel a bridge should be built to connect the southwest and southeast areas in the near AUDITS-Jbq~NILE AND DOI~STIC RELATIONS COURT: The City Manager submitted ~itten report together with a report from the Auditor of Public Accounts on an audit of the accounts and records of the Juvenile and Domestic Relations Court of the City of Roanoke for the calendar years 1952 and 1953. On motion of Mr. Hanes~ seconded by Mrs. Pickett and unanimously adopted, the reports were accepted and filed. CITY PLANNING COFRISSION: The City ~anazer submitted written report togethel with a letter ~rom Mr. John B. %hldrop, advising that he is tendering his resignatI( as a member of the City Planning Co~lssion! primarily because of the additional duties that he now has at %~ldrop-Price Hardware, Incorporated. The report and letter were filed. COMPLAI~TS-%fATER DEPARTMEN?: Council having previously referred to the City Manager several requests from the Blverdale Civies Club for certain improvements in the Rlverdale area, he submitted the following report: "Roanoke, Virginia January ~9, 19~4 To The City Council Roanoke, Virginia ]!embers of Council: At our meeting on November 9, you referred to me certain requests of the Riverdale Civlce Club nnd a subsequent letter from then dated January 1954. Since the requests covered several items, ~ thi~& i should report individually on them. 1. tater - A survey of the area In the vicinity of !Pth Street and Ridge Road, S. E., was made. ~n accordance %!ith the existin~ ordinance of the City of Roanoke, ~e ~ill be happy to serve %~nter to this area any time the cost is under%Titten ~ith the usual $75.00 for each ne~ customer connects to this line. There is an 8 inch %mtez main scheduled under Project 10 of the expansion program for Edgerton Ave.~ S. E., which ~ou!d make water available at the intersection of 19th Street and Ridge goad. RoFever, this Is some time a%~y, and in the interim water can be secured in accordance with the existing rules and regulations. A map has been preFared for your perusal. ~. Traffic }{azards - The traffic hazard at the corner of 19th Street and Riverdale Road ls due to the contour of the land and is an area that does not have a heavy traffic load. The property is privately o%med; there. fore, the city %~uld have to acquire ownership to the land to comply ~ith the request of the Club. The Police Department believe that when and if the traffic load is sufficient, a stop sign at the junction of these two roads could accomplish the necessary purpose. ~. Hirer 5ar~ Clearance - Riverdale Civics Club did an excellent Job last year in clearing the river, and the City assisted ~.rlth its etulpment and manpower. %~e com-~end them for their excellent work. An inspection by our staff showed some work %ms needed, and tt is planned during the sprin~ season for the prison labor to again clear the hank and the Park Department to say off the old trees alone the bank, %%ich are not too many. This will probably be accomplished prior to April !. 4. Street Extension - In our normal program of improvements we extendef }~arvin Avenue last year by placing pipe in a ditch~ which permitted the flo~ of ~-ater and the connection of l{artln Street, N. E. and $. ~. In our normal extension program Jerome Street %!111 be accomplished on the sane basis this year. In the second paragraph of their letter of January 14, ~e believe they Intended !Sth Street instead of !Pth Street. This could hardly be acoompll~ this year due to the fact that it would take considerably more pipe~ the haulinE of dirt, and construction work, which is not normally provided for in the Budget. We Fmy be able to accomplish lb; however, ! would like to on record as not recom_nending it this year. The Jerome Street Job will be accomplished prior to May !. S. River Pollution - The complaint concerning river pollution Is commendable; however~ the company ~hieh is po!lutlnE the stream has a certificate from the State %hter Control Board permitting this. Therefore it prohibits the powers of.the City of Roanoke toward setting uR laws to eliminate this specific 6as6,. The %~ter Control Board and the corporation involved are working with ~he blty to%~rd the elimination of this pollution Respectfu%ly submitted, (Signed) Arthur S. Owens City Manager" On motion of Mr. Woody, seconded by Mr. Youn§ and unanimously adopted, the report was concurred in and the Clty Clerk requested to send a copy of s~me to the Rlverdale Civics Club. 159 ~ed 1'60 STREET LI6HTS: The City Manager sulxuitted the following report in connecti with the installation of temporary street lights in the rear of Memorial and Cripple Children's tiospltal: "Roanoke, Virginia January 29, 1954 To The City Council Eoanoke, Virginia Members of Council: Recently the need for temporary lights in the rear of the Crippled Children's Hospital during construction ~s called to my attention. Mr. John Wentworth, Director of Public Works, and I have surveyed the area. We subsequently requested Hr. Booker of the Apralachian Electric Company to have his engineers make a survey of necessary temporary lights. ! would appreciate your adopting by resolution authority to install not more than three lights in and about the rear of the Crippled Children's Hospital for a per/ed not to exceed ninety days after the ~rk has been completed. Respectfully submitted, (Signed) Arthur S. Owens City ~nager" On motion of Mr. %~ldrop, seconded by Mr. Woody and unanimously adopted, the recommendation of the City Manager ~s concurred in and the matter referred to the City Attorney for preparation of the proper Resolution authorizing the installation of the lights on a temporary basis. CLAIMS-~TER DEPAR~-~NT: Council having previously referred to the City Manager the request of Mrs. Lena H. Arnold that she be reimbursed by the City of Roanoke in the mmount of $201.~0 for alleged damages to her property as a result of the erection of a fence at the ¥~shington Heights Elevated Tank Site, to ascertain if an agreement can be worked out with Mrs. Arnold for the planting of shrubbery, flowers, etc., by the city, he submitted the following report: "Roanoke, Virginia January 29, 1984 To The City Council Roanoke, Virginia Members of Council: The following report concerning the claim of Mrs. Lena Arnold is submitted for your consideration: 'November 27, 1953 Mrs. Lena H. Arnold 420SW.voming Avenue, N. W. Roanoke, Virginia Dear Mrs. Arnold: Confirming our conversation of %~dnesday afternoon with Mr. Robert P. Hunter, Director of Parks and Recreation, we will plant four (4) ¥~ite Dogwood trees at approximately 15 foot intervals south from the existing dogwood tree and parallel to the existing fence. I believe it was your thought that three trees would compensate you for damage done to flowers and shrubs along your old fence line that we removed; however, in the field it looked as if four trees balance out better. If this is satisfactory to you, will you please sign one copy of this letter and return in the self-addressed envelope so that Mr. Hunter can plant the trees. Accepted by: (Siened) Mrs. ~ena H. Arnold Mrs. Lena H. Arnold January 29, 1954 Note: Yours truly, (Signed) G. H. ~uston G. H. Ruston Manager The City %dll also rebuild two brick pillars at location selected by Mrs. Arnold duplicating as near as possible the old brick pillars. Xt may be imPOssible to obtain tile and brick in exact duplicate of existing pillars, (Signed) 6, H, Ruston 1-29-54~ Respectfully suK~ltted (Signed) Arthur S. Owens City Hanager" In a discussion of the ~atber, the City Hanager stated that 1Ms. Arnold has agreed to accept the planting of four dogwood trees and the replacing of the t~o brick pillars and that he reco~=ands this be donet advising that no appropriation will be necessary since the work can be accomplished with city forces. In a further discussion of the mattert Hr. ~faldrop raised the question as to whether or not the city is liable for the damages~ the City Attorney advising that he is satisfied the City is not liable. Hr. Hinton moved that Council concur in the rceo=mendation of the City Hanager that the ~crk be done. ~'~e motion was seconded by Mrs. Pickett and lost by the following vote: AYES: Council members ttanes~ Hlnton~ and Pickett ........... 3. NAYS: Council members ~aldrop, ~foody~ Young~ and the President, ~r. ~,:eb~r ................... -4. ~NICIPAL 60~Rt~NY: Council having previously referred to the City Managel for study and report a list cf proposed projects as endorsed by the Roanoke ~ooster Club, he submitted the following re~ort: "Roanoke~ Virginia January 29, 1954 To The City Council Roanoke, Virginia Members of Council: At our regular meeting on August 24, 1953, File #175, you referred to me a series of proposals by the Roanoke Booster club; and I was directed to study then and to report back to City Council. I would like to itemize and report as follows: !. Munici~al Auditori~u. The City Council of Roanoke appropriated $1,200.00 for a survey to be made by municina! auditor!un exoerts; and the report is now in the Clerk's Office of the ~ity of Roanoke. 'Council no%~ ha~ this and their own comufttee's report under advisement. 2. Municipal Golf Course. The Budget of the City of Roanoke is con- stantly a limited one; and it is difficult for ne to recommend any expendit% for the construction of a golf course when I realize so many other necessiti are needed worse. It is the belief of my staff that a golf course could be constructed on the Veterans Housing property on a reasonably sound basis if it did not exceed nine holes. If there %~s not too much 'window dressing' the course, it could be constructed on a community basis with sand greens. Only the future could tell whether or not it would be economdcal!y self- sustaining; and I would not amnt to forecast such a difficult problem. It would seen practical to me that such a course could be constructed to the manner in which the citizens of the community accomplished the Child Zoo. Council per~tting~ the City conld use its surplus equipment and naterlal~ when and if available, to work with the Interclub Council to%~rd the accomplishment of such a facility. It night even be worthwhile to each of the nine major civic clubs or other organizations to take one hole and develop it as a civic enterprise for their respective organizations. I see little hope of obtaining such a facility unless it is on a cooperative co~.'~n~Ity basis. 3. Roanoke River Project. The City planted last year 373 trees which was effectuated by the excellent cooperation of civic clubs in the City; and ~e hayer up to the present time a credit at %~ynesboro Nurserles~ Ine.~ in the amount of $898.60 which should enable us to plant approximately 375 more trees. I concur in the belief that this work should be continued~ even though it is done in snall secttons~ until the ultimate beautification goal is achieved. It is amazing what perseverance can accomplish in a project of this kind. 161 4, Hill Hountain Alternate Road, ~en the ~alance of the Blue Rid§e Parkway is constructed! vkich ~111 certainly ~e done in future yearst there would ~e a distinct advantage to the City OF Roanoke to have a connecting road with the Blue Ridge ?ark~ay Drive. I believe that City forces and equll~nt could be used durln6 the winter months to grade the earth and prepare a reasonable dirt road which subsequently could be paved in later years after the Parkway is conpletedo 5. Bulldine of Svir~lne PoolSo The City, working in conjunction with one of our local architects¥ has Provided plans and models for swimming pools; however, they cannot be constructed without either budget or bond money. Obviously, I a~ not optimistic over the first proposal; and if and Yhen the freeholders are prepared to vote for swir~'~lng pools, they could 1~ constructed. It is apparent that the cost of swim. lng pools is of such r~ainltude that it is difficult to construct one or more without adequate /%nde that would approach or exceed $100~000 to $125.000 each; therefore, we see no alternate but a freeholders~ vote to provide ftmds. Thh would be entirely a policy level matter with the City Council; and I could net reco~mer~l the expenditure, believing that there are r~any more items of public interest 6. ~lk~v Over Roanoke River° If approximately $S,O00.OOcould b~ provided; a ~!k~ay could beconstrncted over Roanoke River at a point approximately half way between Jefferson Street and Franklin Road. The benefits and c'onvenienee vould be tremendous; and if the time ever apDroachs when we have surplus money, it appears to me it %~uld be practical to accomplish this proJeot. 7. Beautification of City Aoproaehes. The Garden Clubs of the City of Roanoke have alwcays contributed in a magnificent manner toward the imorove- nent and beautification Of our City; and ! believe we should turn ove~ to them the beautification of the City approaches. The staff of the Engineerin Department of the City of Roanoke and my office welcome the opportunity to work with th~s group to%~rd any proposal that will make us attractive and permmnent entrances at the several high%~ys that enter our City. I feel that there is no group better equinped to accomplish this than the garden i clubs; and I recommend that~ if Co~ncil confirms this report, I be authorize to invite them to work with us to%~rd that end. 8. Roanoke Fine Arts Center. The City Council of Roanoke has altsys supported local projects of culture; and many of our officials are now members of the Roanoke Fine Arts Center. I believe that we should support in every possible Manner the Roanoke Fine Arts Center. Respectfully submltted~ (Signed) Arthur S. Owens City Manager" ~.!rs. Pickett moved that Council receive the report and that a copy be ~orwarded to each member o£ Council. The motion was seconded by Hr. Hanes and unanimously adopted. REPORTS: The City }-{anager submitted written report from the Health Departmer for the month of December~ 1953, also, reports from the Department of Public 1forks for the months of November and December, 1953, The reports were filed. BOND ISSLrES: ~ne City Auditor called to the attention o~ Council a co=muni- cation from The United States Conference of Mayors, urging that municipalities and city officials take ir~mediate action opposing a recent action of the House %hys and Means Co~mittee in approving the proposed Revenue Revision Bill Of 1984 %,hich subJec certain types Of municipal securities and bonds to Federal taxation, the City Auditc advising that the City Attorney has prepared a resolution expressing opposition to the proposal and explaining the effect that the taxation of any nuniclpal bonds would have on the City of Roanoke; whereupon, Mr. ~oody offered the following Resolution: (f12045) A RESOLUTION expressing this Council's opposition to a proposal to the Congress of the United States that certain classes of municipal securities be subject to Federal taxation. (For full text of Resolution, see Ordinance Book Ho. 20, Page 99.) ~M. ~oody moved the adoption of the Resolution. The motion %~s seconded by Mr. %~ldrop and adopted by the following vote: 168 AYES= Council members Hanes, Minton, Pickett, %hldrop, ~'oody, Young, and President, Mr. %:eb~r .............. 7. NAYS= None ................. O. REPORTS OF CO}~ITTEES= SIDEWALK, CI~B AND GU?TER CONSTRUCTION= Council having previously referred to a committee composed of the City Manager, the City Engineer, the Director of Public %~orks and the Purchasing Agent the bids received for construction of concret( sidewalk and concrete curb and gutter at various locations in the city, for tabula- tion and report, the com.~lttee suknitted a tabulation of the bids and it appearln~ that Mr. Philip L. Baird is low bidder in the amount of $47,670.00, Hr. Minton offered the following Resolution= (~1204G) A RESOLUTION accepting the proposal of Philip L. Baird, Roanoke, Virginia, for the construction of ~oncrete side,zalk and concrete curb and gutter at various locations in the City of Roanoke in the total sum of $47,670.00; authorlzin and directing the City l.~ana~er to execute the requisite contract{ and providin~ for an emergency° (For full text of Resolution, see Ordinance Book ~o. ~0, Page l~D.) Mr. Hinton moved the adoption of the Resolution. The motion ~as seconded Hr. %faldrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, %faldrop, %foody,' Y~ung, and the President, Mr. %~bber ........... 7. NAYS= None .................. O. UNFINISHED BUSIh'ESS: %lATER DEPAR~4ENT-}{EAL~{ DEPAR~.~NT= Council having previously deferred action on the adoption of an Ordinance providing for the introduction of a fluoride ion into the City of Roanoke %.nter supplies and the awardin~ of a contract for the purchase of fluoridation equipment, and having requested tile City Attorney to rondo! an opinion regarding the legal right of tile City Council to provide for such treat- !ment of the water supplles~ the matter ~as again before the body, the City Attorney ipresentfng the following opinion: "January ~9, 1954. To the Council of the City of Roanoke. Gentlemen= You have requested a %rrltten opinion from me regarding the legal right of the Council of the City of Roanoke to provide by ordinance for the intro- duction of a fluordde ion lnto the City's %.mter supplies in such quantities as are required to maintafn~ throughout the %~ter distribution system, a fluoride ion concentration of approximately one part per million. I am advised that the controlling reason for considering such an ordinance lies in the belief that its passage would partially control tooth decay in young children. Such ordinance would, therefore, be a health measure and, if legal, would be ordainable pursuant to the City's police Chapter III of Title 6~ of the Code of Virginia deals with public wate~ supplies. I shall now comment on portions of several sections contained in that chapter. Section 02-47 provides that the State Board of Health shall in the State insofar as the sanitary and physical quality of %~ter furnlshec may effect the public health~r co.~hCort. The following section (6~-48) authorizes such Board to cause examination of such %mter supplies to te made to ascertain their purity and fitness for drinking and domesti their liability to impair the public health. The chapter precludes uals, flrms, institutions, corporations or municipal corporations from supplying water for drl~<ing or domestic purposes to the public, within the State, from or by means of any %mter works without a %=ltten permit from State Board of Health for the supplyin~ of such %~ter. In event such a is granted to a municipal corporation, or other public supplier, a section provides that no change in the manner of storage~ purification or treatment of the supply shall be made without an additional permit to be obtained said Board. Permits issued by the Board are revokable at any time it is 164 sho~ by investigation that the ~ater ~urnished is tmsafe for drinking or domestic use, The introduction of a fluoride ion in to the City's ~ater supplies in such quantities as are required to~lntain throughout ~he ~er dis~ri~u~l s~s~en~ a fluoride ion concentration o~ approxi~el~ one pa~ po~ ~illion vould necessitate a c~n~e in the ~er of trea~ent of the svpplies, Accordi~ly~ ~fore such lntr~uction could ~ la~ly ~de an additional ~eralt to do ~o ~st ~ obtaln~ from the State ~ard of Health. I am informed t~t the State ~ard of Health ~s heretofore granted a n%~r of Virginia ~nlclpalities the required pe~it authorizing the lntr~uction of a fluoride ion into their respective ~ter supplies in quantitttes as ~re ~lng contemplated here. Section 2 (9) of the Charter of the City of Roanoke authorizes the C~%y to provide an adequate ~ter supply for the City and the~e Is In that seet~on~ inter alia, the followin~= ~ · ~; to process~ filter~ or pu~fy such %~ter supply and to add thereto ~lneral or oth~ substances to ~ke the %~ter more palatable ~more health~l, or to promote tko public ~elfare; · I know of no VlrEinia m~Icipality that Is possessed of broader Dowers than the C~ty of Roanoke. ~e Ci~y is also specifically vested Qlth broad powers to provide for the preservation of the general health of ~ts i~mb~tants; which, as indicated, constitutes an integral part of the City~s police powers. From what has been said, therefore, If the State Board of ]{ealth Is requested %o and ~rants the additional Ferm~t~ as Is contemplated ~n the proposed ordinance, i% must then be concluded that %he addition of a fluor~ ion to tko ~ateP supplies, ms directed by the proposed oFdinance~ would be a valid exercise of the police powers of the City, if, In enactinE the ordln~nce~ the Council did not act unreasonable or abuse ~ts discretion. There is no doubt that the determlnat~on by the !e~slative b~y that u particular reEulation is necessary for the protection or preservation of heulth ~s conclusive on the courts; except only %o %he linltatfon that It must be a reasonable determination, not an abuse of discretion and must not infr!nEe F~fhts secured by either the Constitution of Virzin~a or the Constltut~on of the United States. ~n my judEnent the failure of the First District Court of Caddo Parts~ Louistan3~ ~n Mark E. ChsDman~ et al.~ v. City of Shrevenort~ to apply this fundamental principle of la~ cause %h~t nisl Drius court to com_n~t error. Incidenta!ly~ the opinion in that case is the only opinion by a court that I recall ever havln~ read In %%~ch no law whatsoever is cited. I understand f~om the Associated Press that that case is presently pendlnE on appeal and~ as stated~ in my opinion it should ~ reversed. In view of the p~tience~ attention and courtesy ~th which this CouncJ heard and considered the protracted~ well prepared and ably presented~ and scientific arguments and exh~bits~ both pro and con~ no one could~ with Justlficat~on~ contend that should it pass the p~oposed ordinance the Council vould, by such passaEe~ abuse its discretion or that such a deter- ninatton ~ould ~ unreasonable. Accord~nEty, An ny opinion, should Councl] conclude to adopt the oPdin~nce~ such evidence as that produced by the opposlt~on should be disrefarded by a court ~n determ~n~n8 the questions of abuse of discret~on oF unreasonableness of action. The only remaining question that occurs to me is ~hether or not the p~oposed fluoridation of the %~ter supply would ~ a pla!n~ palpable invasion of rights secured by fundamental law. In view of the high author] that I have considered in the preparation of this oplnion~ that question must be resolved in the ne~ative. In the absence of the la%~ul Erants thereof~ the General Assembly of Virginia is possessed of the entire police power of the State, except as it ~s limited by the provisions of the Constltutions~ State and National. Unquestionably by the granttnZ of authority to the State Board of Mealth to issue a permt~ under the conditions stated, the LeEislature has to that Board the duty to determine whether the %~ter to be used~ e~ther with or wither the p~oposed addition of a fluoride ion, ~s ~ure, %Lholesome, and not danzerous to llfe and health and its authority to ~s~ue such a porn likewise, could not be success~lly questioned in the absence of a legal abuse of di~cretion. ~rther~ In view of the provisions of Section 2 (9),~ supra, and 2 (28) of the Cha~ter of the C~tv of Roanoke, upon receiv~nz the: requisite permit from the State ~ard of He~lth~ the Co~cfl~s legal in its discretion, to pass the ordinance under consideration ca~ot be questioned; nor~ ~n v~ew of the dele~ation of the stated authority to the State Board, could Co, oil's right to pass the proposed ordinance be questioned, in the absence of either or ~th of the above-mentioned charte~ provisions. ~e United States Supreme Court~ In establishing and clarify~ng the Com~titu%lonal rtEhts of religious and other freedoms~ has clearly distin- ~lshed between the direct compulsions imposed upon indlvidua!s~ ~ith penalties for vtolatlons~ and those %~lch are indirect or re~so~bly incidental to a ~rnished service or facility which the individ~l is free to use or to decline to use. H~llton v. Repents of the University oF California, ~3 U. S. 245~ 55 S. Ct. 197~ 79 L. Ed. ~3; %;est Virginia State ~ard of ~ucatton v. ~rnett~, 319 U. S. 624~ 63 S. Ct. 1t78~ 87 L. Ed. 1628; Cantwell v. State of Co~ecticut~ 310 U. S. 296~ 60 S. ~ ~ L. Ed. 1213. I conclude that the Council in its discretiony has the legal right to enact the fluoridization ordinance that it has under consideration, Respectfully submitted~ (Signed) Ran O. ~nittle City Attorney" The opinion was filed. In this connection~ tM. Malcolm L. ?orrell appeared ~efore Council in opposition to the fluoridation program and read several letters he had received fro: various insurance companies which state that the concerns are taking no part in the controversy and that insurance companies have taken no stand on the use of a fluori, Mr. %rorrell speaking at length from a publication written by Mr. Charles E. Perkins Also appearin§ in opposition to the program were Mrs. Felix K. Parkert Miss Bertha Starritty Mrs. Jane D. Smithy Mr. J. L. Fisher and others. Those appearing in favor of the program were Dr. P. A. %~llenborn, Jr., representing the Roanoke Junior Chamber of Co~merce~ advising that the Jaycees are Just as strongly in favor of the plan as they were in the beginningy Dr. Allen Barkery representing the Roanoke Academy of Mediciney and others. Also in this connectiony the City Clerk called attention to communications from Mr. and ].frs. C. K. Lemony Jr.y Mrs. S. B. Rhodes and Mr. Frederick L. Tlcey opposing the fluoridation of water supplies. In a further discussion of the mattert Mr. Young advised that he feels each member of Council would llke all information possible before making a decision and that he has been studying material and has been promised a book on fluoridation %:hich he would like to study before a decision is made, and moved that the ratter be taken under advisement. The motion was seconded by Mr. Minton and unanimously adopted. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDIN~.~CES AND BESOLh~IONS: Bbq)GET-CITY TREASL~ER: Council having reached a joint agreezent with Mr. Jo~,y H. Johnson, City Treasurer, as to salaries and expenses in his office for tke calendar year 1984~ Mr. %foody offered the following Resolution: (~12047) A RESOLL~ION making Joint recommendation to the Compensation Board for fixation of salaries and expenses in the office of the City Treasurer for the !calendar year 19.54. (For full text of Resolution~ see Ordinance Book No. 20, Page 100.) Mr. %.foody moved the adoption of the Resolution. The motion %~s seconded by Mr. %faldrop and adopted by the following vote: AYES: Council members Hanesy Hinton~ Picketty ~.!atdropy %foody, Young, and the President, Mr. %febber .......... 7. NAYS: None ................. O. BUDGET-COPaqISSIOb~EH OF REVENUE: Council having reached a Joint agreement with Mr. James A. Armstrong, Co~nissioner of Revenuey as ID salaries and expenses in his office for the calendar year 1954~ F~. Young offered the following Resolution: (~12048) A RESOLUTION making Joint recor~zendation to the Compensation Board for fixation of salaries and expenses in the office of the Co~nissioner of Revenue for calendar year 1954. (For full text of Resolutiony see Ordinance Book No. 20~ Page 102.) ~[r. Young moved the adoption of the Resolution. The motion %~s seconded by Mr. Hanes and adopted by the following vote: 165 1.66 AYE3~ Council members Hanes~ Hinton, Pickett: Waldrop~ Woody, Young', and the President~ Mr. Webber .......... NAYS: None ................. O. BUDGET-CLERK OF COURTS~ Council having reached a Joint agreement with Mr. R. J. Watsont Clerk of Courts, as to salaries and expenses in his office for the calendar year 1954, Hr. Hanes offered the following Resolution: (~12049) A RESOLUTION making Joint recommendation to the Compensation Board for fixation of salaries and expenses in the office of the Clerk of the Courts for the calendar year 1954. (For full text of Resolution, see Ordinance Book No. 20, Page 103.) Mr. Banes moved the adoption of the Resolution. The notion seconded by Mr. ~ldrop and adopted by the following vote: AYES: Council members Ranes, Minton, Pickett, ~faldrop, Woody, Young, and the President, Mr. Webber ........... 7. NAYS: None .................. O. BUDGET-CITY SERGeaNT: Council having reached a Joint agreement with Mr. Edgar L. Wlnstead, City Sergeant, as to salaries and expenses in his office for the calendar year 1954, Mr. Minton offered the following Resolution: (#12050) A RESOLL~ION m~aking Joint reco~mendatlon to the Compensation Board for fixation of salaries and expenses in the office of the City Sergeant for the calendar year 1954. (For full text of Resolution, see Ordinance Book No. 20, Page 104.) Mr. Minton moved the adoption of the Resolution. The .motion ~s seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Names, Minton, Pickett, %~ldrop, %body, Young, and the President, Mr. Webber ........... 7. NAYS: None .................. O. BLrDGET-CO~.2~Ohq.~AL~H'S ATTORNEY: Council having reached a Joint agreement with Mr. C. E. Ouddy, Commonwealth's Attorney, as to salaries and expenses in his office for the calendar year 1954, Mrs. Pickett offered the following Resolution: (~120Sl) A RESOLb~!ON making joint recor~endation to the Compensation Board for fixation of salaries and expenses in the office of the Attorney for the Cor_uonwealth for the calendar year 1954. (For full text of Resolution, see Ordinance Book No. 20, Page 105.) }{rs. Pickett moved the adoption of the Resolution. The motion %.ms seconded by Mr. ?Jaldrop and adopted by the following vote: AYES: Council members Ranes, Minton, Pickett, %Y~!drop, ~'!oody, YOung, and the President, Mr. %~ebber ........... 7. {LtYS: None .................. O. HEAL~{ DEPiR~.~NT: Council having requested the City Attorney to prepare a Resolution appointing a co~uittee to confer with the representatives of Roanoke County and other political subdivisions for the purpose of studying the feasibility of a City-County Health Department~ he presented same; whereupon, ~,~. Minton offere( the following Resolution: (#120S2) A RESOLUTION appointing a co..~n, ittee and requesting the Board of Supervisors of Roanoke County to, likewise, appoint a co~ittee, in order that the two nay constitute a joint committee, for the purpose of studying the feasibility establishing a combined Department of Health to serve both the City and the Comuty. (For full text of Resolution, see Ordinance Book No. 20, Page 106.) I~. Minton moved the adoption of the Resolution. The notion was seconded Hr. Waldrop and adopted by the follo~4ng vote~ AYES~ Council members Manes~ Hlnton~ Pickett~ ~ldrop~ Woody~ Young~ and the President. Mr. Web,er ........... 7. NAYS~ None .................. O. MOTIONS AND MISCELLANEOUS BUSI~SS~ TRAFFIC: Mr. Manes brought up the question of adopting some special courtes ticket for visiting motorists who may violate the overtime parking regulations in the City of Roanoke and moved that the ~atter be referred to the City Attorney for study of the 0rdinance~ classification, etc. The motion vas seconded by Mr. %h!dro and unanimously adopted. BUSES: Mrs. Pickett brought to the attention of Council and the City ~hnage a complaint that she has received that bus service in the Colonial Avenue, S. ~., area is not adequate to serve the needs of citizens and especially school children. The City Manager advised that he would look into the matter. There being no further business, Council. adjourned. APPROVED 167 '1.'68 COUNCILt REGULAR HEETIN6t Honday, February 8, 19~4. The Council of the City of Roanoke met in regular meeting in the Circuit Court' Room in the Hvnicipal Bullding~ Honday~.February 8, 19~4~ at 2100 o'clock~ p. n.t the regular meeting hour~ with the President, Mr. Webber, presiding. PRE~ENT~ Council members Ilanes, Hlnton~ Pickett, Waldrop, Woody, young~ and the Presidentt Mr. Webber ............ 7. ABSENT ~ None ................. O. OFFICERS PRESENT~ Hr. Arthur S. Owens, City Hanager, ar~ Hr. Ilarry R. Yates City Auditor. The meeting ~s opened with a prayer by the Reverend R. E. Bennett, Pastor of the Belmont Christian Church. HINUTES: Copy of the minutes of the regular meeting held on Monday, January 25, 1954, having been furnished each member of Council, upon motion of 1.2. ~-!oody, s~ by I-M. l. Mldrop and unanimously adopted, the reading ~s dispensed with and the minug approved as recorded. L~.ARING OF CITIZENS UPON PUBLIC ~.~TTERS: STREET IHPROV~.[ENTS: Pursuant to notice of advertisement!or bids for street repairs on U. $. Highway Route No. 460 (Orange Avenue and Salem Turnpike), from Eleventh Street, N. W., to ~lrose Avenue, N. ~., in accordance with plans and specifications furnished by the City of Roanoke, said bids to be received by the City Clerk until 2:00 o'clock, p. ~., Monday, February 8, 1954, and to be opened before the Council of the City of Roanoke at that hour, the President, lit. 1~bber, asked if there was anyone present who did not fully understand the advertise~ent, if there ~ms anyone present who had been denied the privilege of bidding, or if the~ ~ere any questions anyone would like to ask, and ns representative present raising any question, the President instructed the Clerk to proceed with the opening of the three bids received. The bids having been opened and publicly read before Council, Hr. Waldrop offered the following Resolution: (~12052) A RESOLUTION referring bids for street repairs on U. S. Highway ~oute No. 460 (Orange Avenue and Salem Turnpike), from Eleventh Street, N. W., to :elrose Avenue, N. W., to a committee composed of Mr. John L. Wentworth, Director Pablic Works, Chairman, Mr. Arthur S. Owens, City Manager, Mr. R. E. Pillow, Assistant City Engineer, and ~M. Harry R. Yates, City Auditor, for tabulation and report to the Council of the City of Roanoke at its regular meeting on Monday, February 15, 1954. (For full text of Resolution, see Ordinance Book No. 20, Page 107.) F~. ¥raldrop moved the adoption of the Resolution. The motion was seconded by I.M. Minton and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, ~faldrop, Woody, Young, and the President, Ym. Webber ......... 7. NAYS: None ................ O. MAHER FIELD: Council having previously referred to the City ~nager for consideration a cor~munlcation from lfr. R. G. Culbertson, suggesting that the city allow amateur baseball teams to use the baseball park at Maher Field free of charge ~[r. Culbertson appeared ~efore the body and asked If the field is goir~ to be ~ade available and on what basis, stating that an early decision ls necessary since a meeting of the Hountain State League representatives is scheduled for next Monday night and that the Virginia Amateur League has a meeting scheduled a few days later }ir. Culbertson advising that the inclusion of Roanoke in either of these leagues wll depend on whether or not the playing field i$ available. Appearing with lit. Culbertson were ]Mo $. D. Berry, representing the Mountain State League, and }tr. W. C. Woods~ representing the Virginia Amateur Lea Mro Woods advising Council that two or more amateur tea~ will be formed in Boanoke for league participation if a good field is provided, statlng~ however, that high rental cannot be paid. In this connection) the City ~nager presented the following report: "Roanoke, Virginia February 8, 19~4 To The City Council Roanoke~ Virginia Members of Councll~ The Roanoke Baseball, Inc., have breached the conditions of their contract with the City due to failure to meet the rent requirements. In accordance with Provision 6 of a contract dated the 12th day of April, 1951~ it appears for the best interests of the City that we take over the I ~ould suggest that Council, either as a body or the appointment of a co~lttae, be considered to meet with the baseball corporation and clear the many details and complexities that arise out of the contract. In Ordinance No. 11823 under Sections 3 and 4, provisions have been made for amateur baseball. The park is available for any a.vmteur ball group who desires to use it. Respectfully submitted, (Signed) Arthur S. Owens City Manager" In a discussion of the re~ort, the City Manager outlined the conditions set out in the contract with Roanoke Baseball, Incorporated, advising that $1,790.00 is now due on the contract, and that ce~taln capital investments were ~ade by Roanoke Baseball~ Incorporated, which are considered under the contract as personal property and may be removed by the corporation, these including the lightil system, twelve poles, approximately 170 light fixtures and the bOx seats, which improvements have been appraised at $2,979.00. The City Manager also called to the attention of Council Ordinance lIo. 1182~ which sets a charge of $1S.00 for day gm, es by amateur teams, $20.00 for day double games, $S0.00 for night single games and $40.00 for night double gm=es, plus $S0.00 per night for lights, advising that mr~teur baseball can be permitted immedlate~ under the provlsions of the Ordinance. After a further discussion of the matter, Nr. Young advised that in his opinion a committee can probably work faster than Council can as a body, and moved that the matter be referred to a committee composed of the City Manager, the City Auditor and the City Attorney to confer with officials of Roanoke Baseball, Incorpo- irated, on the possibility of settling the city's clalm of $1~790.00, the committee to make an attempt to obtain the lighting system from the organization to offset the ~nount due the city; and, also, that the City Attorney prepare the proper notice terminating the contract with Roanoke Baseball, Incorporated. The motion was by Mr. Minton and unanimously adopted. Also i~ this connection, Mr. Young noved that since amateur baseball teams cannot pay from $70.00 to $90.00 for night games, the question of reducing the renta charges for amateur baseball g~mes at ].~her Fleld be referred to the Stadium Committee for study, reportand recommendation to Council. The motion1~as seconded by Mr. ¥1aldrop and unanimously adopted. BTOBHDRAINS~ Hr. Roy C. Kinsey appeared ~efore Council and stated that he, Hr. P. C. ltuff, Hr. T. J. Andrews and others who have wells on their lands which ar~ used as a source of water supply, are concerned over the city's plan to drain surfac waters in their sections into subterranean channels, pointing out that many.people in the area have discussed the possible conta~lnation of the underground water suppl if the surface waters are channeled into the earth~ ~M. Kinsey advising that he feel the entire area is connected by tunnels and for this reason he would like to have th assurance that the water supplies will not be affected. In this connection~ the City Manager stated that Dr. Byron N. Cooper, who made the geological study of the area~ has said that the waters would clear soon after being drained into the limestone channels, and advised Council that he will furnish Mr. Kinsey and others a copy of Dr. Cooper's report. PETITIONS AND CO~G~NICATIONS: APPALACHIAN ELECTRIC PO%,~R COMPAJ~Y-TAXES: A comnunicatlon from Mr. J. Carl Poindexter, announced candidate for Congress from the Sixth District of Virginia, objecting to the recent 10 per cent increase in Appalachian Electric Power Company rates in a portion of Virginia, in view of the fact that a like increase as request~ by the Appalachian Electric Power Company in %lest Virginia was not approved by the %Mst Virginia Public Service Co,~nlssion, advisinE that he will make every effort to promote utility refor~ legislation as one of his campaign issues in connection with the forthcoming Congressional elections, and stating that if the present 10 per cent ihigher electric rates in Virginia can be withdra~*n the city could double its present 5 per cent tax on utility bills to make up for any revenue losses suffered in the event personal property tax is abolished by state legislation, without imposin~ any hardship on the taxpayers, ~s before Council. ~.M. Young moved that the com. rmnlcation be filed. The motion was seconded b~ Mr. Banes and unanimously adopted. STREET LIGHTS: A com~unicatlon from Mr. W. R. Bowles, requesting that a street light be installed at the corner of ~iorrill Avenue and Eighth Street, s. E., ~:as before Council. On motion of I.M. Hinton, seconded by ~M. lianas and unanimously adopted, the request ~s referred to the City Manager for study, report and recommer~atlon. COb~;~IL: A co..~=~unication from ~M. R. G. Culbertson, commending Council on the adoption at its last regular meeting of a Resolution opposing the recent action taken by the House Ways and Means Cormaittee in approving a proposal to tax certain municipal bonds, which action %~s taken by the co~nittee in closed er executive session, but stating that he has noticed Council frequently holds secret or sessions to handle the business of the public and advising that he believes this is wrong and that he does not think Council should attend to the business of the publi, in such sessions, ~s before the body. In a discussion of the matter, Mr. Young stated that he feels executive sessions are necessary for certain reasons and that under certain conditions some questions cannot be handled otherwise, giving as an example the need for such sessil in the acquisition of property and in the appointment of members to various boards or co.w~lttees, advising that agreements can be reached and action then taken in ~eeting but that such executive sessions should be kept to a ninimu.~. Also in thls connection~ Mr. Woody co.~ented that he could not recall any such ~eetings since he has been on Council in which policy,-as fornulated, and morse that the co~utmlcation Be filed. The notion vas seconded by ~M. Young and unanimou: adopted. STREET LIGItTS: A co~nication from the Appalachian Electric Power Company, advisir~ that no street lights were installed or removed In the City of Eoanoke during the month of January, 1954, u-as before Council. The co~:~nication~as filed. 5?ADIUH ADVISOHY CO~-IITTEE-~,HEH FIELD: A comunication from Hr. Clyde Cock~ Chairman~ Stadl~ Advisory Co~ttee, setting forth a financial etatement of income of Victory Stadi~ and ~Mher Field for the year 1953, showing total income from all sources as $20~774.60~ and also co.~endlng most highly the Director of Parks and Recreation and his staff~ was before Council. The report ~s filed. PARKS AND PLAYGROUNDS: Council having previously referred to the City . Planning Commission for study, report and reco~uendation the request of the Raleigh Court Civic League that a plan for the development of Shrlne Hill Park be prepared~ the Planning Co~tssion submitted the following report: "January 22, 1~84. The Honorable R. L. ~bber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemen: In connection with Council's co.~ununications that the City Planning Co~misslon .~%ke a study of the question of the acquisition of land adjacent to Shrine Hill Park, as well as the question of the preparation of a long- range plan which would lead to the complete development and use of this The Co,mission has given consideration to these questions on different occasions, and feels that, in view of the probable development of the area plans for which cannot be fully developed at this time, the City should acquire the four lots located at the intersection of Brandon Avenue and Grandin Road, to be incorporated in said area. This ~ould permit vision clearance at the intersection and give a better overall view of the proper when it is developed. The City Planning Cor~uission recommends that City Council acquire said property, designated as Lots 1, 2, S and 4, Block 20, Raleigh Court ~p, for the purpose of incorporating it in the Shrine Hill property. Respectfully subnltted, (Signed) George Dunglinson, Jr. Chair=an." On motion of ~. Hanes, seconded by ~.~. ~faldrop and unanimously adopted, the matter %~s referred to the City ~nager for study, report and recommendation. COMPLAINTS-JLU'~ YARDS-ZONING: Council. having previously referred to the City Planning Co~Iseion for study, report and recommendation, the question of whether or not the Zoning Ordinance should be amended in connection with the locat! of automobile graveyards and Junk yards, the following communication from the Planning Com_~lssion, %~s before the body: "February ~, 1984. The Honorable R. L. Webber, ~yor~ and Members of City Council, Roanoke, Virginia. Gentlemen: In reply to your letter of October SO, 19S~, referring to the City Planning Commission for study, report and reco~nendation, the question of whether or not the Zoning Ordinance should be amended in connection with the location of automobile graveyards and Junk yards: 172 The Comalssionhas given consideration to this question, and is of the opinion that said uses should be prohibited in the Business and Light Industrial Districts. The Commission is further of the opinion that said uses should be prohibited in a Ilea;-/ Industrial District unless 'ordered by Council as outlined' tn Article VI, Section 26, Chapter 51, Zoning, City Code. The City Planning Cor~lsslen reco~ends that the Zoning Ordinance be ~ended as follo~sl 1. That Article I¥, Business District, Section 17. Use Regulations, be anended, the following to be listed as prohibited uses: ac Automobile Grave Yard (dead storage of rioter vehicles). b. Junk Yards (storage, salvaging, sorting, processing, or · baling of rags, iron, scrap paper or Junk). 2. T~t Article V, Light Industrial District, Section21, Use Regulatioz be mmended in like manner. 3. That Article VI, Heavy Industrial District. Section 25, Use Regulations, be anended, said uses to be listed as prohibited uses applications for which may be made to City Council as provided for in Section 26 (Application for nonconforning use). Respectfully submitted, (Signed) George Dunglinson, Jr. Chairman." On motion of l.~. ~aldrop, seconded by l.~. Woody and unanimously adopted, the matter was referred to the City Attorney and the City Manager for further study and drafting of the proper neasure ~mending the Zoning Ordinance in accordance with the 'eco~endations of the Planning Cormlssion. DEPAR~IT OF PARKS-TREES: Council having previously referred to the City ~lanning Co~ission for study, report and reco~endation, the suggestion of the Manager that consideration be given to the adoption of an Ordinance permitting the ~lanting of trees on private property and discontinuing the practice of curb plantlr the following co~unlcation fro~ the Planning Co~isston %fas before the body: "February 5, 19.54. The Honorable R. L. ~.~ebber, 1.~yor, and Menbers of City Council, Roanoke, Virginia. ~entlemen: In reply to your letter of Decenber ~1, I~S3, referring to the City Planning Commission for study, report and reco~mendatlon, a copy of a report fro~ the City I~nager in which he suggested that consideration be given to the adoption of an Ordinance which in general would pernlt the planting of trees by the City on private property and discontinue the practice of curb planting: The Co~mission feels that the question of tree planting is one for administrative function, and it respectfully submits that it is not a matter coning within the confines of the duties of the Planning Co~-~isslon. Respectfully submitted, (Signed) George Dunglinson, Jr. Chairnan." In a discussion of the report, the City Mmnager advised that it'%ms not his intention to have the city plant trees on private property but that the land o%mers be encouraged to plant on their grounds, and that under this policy curb planting %~uld be prohibited. After a further discussion of the matter, ~. l.faldrcp noved that the questic be referred back to the City ¥~nager and to the City Attorney for study and draftfr of a proposed ordinance which would encourage property o~mers to plant trees on their own property. The ~otion ~ms seconded by t&r. Woody and unanimously adopted. DONATI~S-PLrRCHASE OF FROF~tTY: Council having referred to the City Plaunin! Comnission for study, report and reco~endation the offer of Hr. S. D. Ferguson to sell all of Block 21 and Block 22, Rlverland Road Addition, lying between Roanoke River and Arbor Avenue, S. E., to the City of Roanoke for $500.00, and to give to 173 the city t~o strips of land designated as Official Nos. 4030616 and 415010~, to be used for the develol~ent of a drive along tho Rivert the Planning Co:~ission suk~ltt the followin~ report~ "February 5t 1954. The Honorable H. Lo Webber, F~yor~ and Hembers of City Councll~ Roanoke~ Virginia. Oentlemen~ In reply to your letter of January 2B~ 1954t referring to the City Planning Co.~lssion for study, report and recom~endation, a report from the City Manager in regard to the acquisition of Blocks 21 and 22, Road Addition, lying between Roanoke River and Arbor Avenue~ S. E., to be used for the ultim~ate development of a drive along the River and the develo nent between the proposed road and the River itself: The Co.?mflssion is of the opinion that the acquisition of said property will be to the City's advantage, and it is recommended that Council purchas~ it for the proposed use. Respectfully submitted, (Signed) George Dunglinson, Jr. On motion of Mr. Young~ eeconded by Hr. Woody and unanimously adopted, the m~tter ~s referred to the City Attorney for preparation of an Ordinance acquirin~ the two blocks for the su~ of $500.00 and accepting the t~ o~her parcels of land a consideration o£ $1.00. REPOHTS OF OFFICERS: PARKS MiD PLAYGROUNDS: Counc~ havin~ previously referred to the City 1.~nage~ for study, report and reco..~endation, the question of acquiring the Har~sook Estate for park purposes, he subrdtted the followin~ report: "Roanoke, Virginia February 8, 1954 To The City Council Roanoke, Virginia He,hers of Council: You referred to me a Pla~ln~ Co~isslon co~-mnication concernin~ the property acquisition of the Hartsook Estate to be incorporated in~o Iilll Mountain Park. 1.:e believe that such a progra~ is sound and should be initiated. However, we are very conversant with the limited budget of the City o£ Roanoke; and to purchase the property at this ti~e ~uld necessitate an appropriation from ou~ limited reservee. There£ore, I could not recor~end At a conference with officials who have supervision of this estate, I ~as assured by the~ they would be happy and glad to see the City o~m this property and are receptive to an offer if Council is disposed to m~_ke one. I m~ presenting to you a ~ap showing the property. Respectfully subaitted, (Signed) Arthur S. Owens City 1.~nager" On ~otion of ~. Minton, seconded hy 1-~. Woody and unanimously adopted, the matter was taken under advisement. STATE HIGH~!AYS WI~IN CI~g LIMITS: The City l~nager submitted the following report, together with a copy of ~he Roanoke Traffic Survey which ~s completed in 1952 by the Virginia Sta~e Department of High~ys, and which Council has heretofore referred ~o the City Planning Commission for study and reco~endation: "Roanoke, Virginia February 8, 1954 To The City Council Roanoke, Virginia Members of Council: At our last Council meeting Mr. Ifoody requested Information on the North-South Highway. I m~ afraid I did not give a very clear answer to his question. I would like to clear that today by presenting another copy 174 of the Roanoke Traffic Survey vtttchvas completed in 19S2 by the Virgirda State Department of Highways, Special attention is called to page 2, and I quote= mThe traffic problems of Roanoke cannot ~e solved by any sinsle agency or group of interested people, nor can the situation ~e materially alleviated by efforts directed to~urd isolated components of the problem, They must ~e dealt with collectively requiring cooperation of all and small sacrifice of ~any. 'It is not the purpose of this report to propose the location and design o£ new traffic facilities, It is the purpose of this report to supply the factual data upon which such remedial measures may be based,' Yurther~ it would be interestin~ to refer to page 52 to point out the desire lines of our motorists, In su~ir~ up these brief re~arks, I feel certain it is shown the State Depart~uent of Highways indicate traffic arteries~ but are unwilling to establish location of streets or arteries development. Respectfully submitted, (Signed) Arthur S. Owens City l.~nager" The report and copy of the Traffic Survey were filed. STREET IffD~IING: The City I.~nager submitted the following report together with an Ordinance prepared by the City Attorney, providing for the acquisition of land for rounding the corner of Eleventh Street and Center Avenue, N. W.: "Roanoke, Virginia February 8, 1954 To The City Council Roanoke, Virginia Members of Council= The Wells Gas and Oil Co., Inc., have agreed to donate to the City sufficient land at the corner of llth Street and Center Avenue, N. If., dn order that the City may adequately round the corner. We recommend acceptance of this land to improve the radius of this corner. The City Engineering Depar~nent has estimated the cost of this work at $100.00. Respectfully submitted, (Signed) Arthur S. Owens City Manager" I.M. Hinton moved that Council concur in the reco=mendation of the City ~.Mnager and offered the following emergency Ordinance: (#12054) A~ ORDINANCE providing for the acquisition of 134.1S square feet of land at the northeast corner of Centre Avenue, N. W., and llth Street; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 107.) I.M. Minton moved the adoption of the Ordinance. The motion was seconded bi }M. Hanes and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, %~ldrop, Woody, Young, and the President, ~-M. %Mbber ........... 7. NAYS: None .................. O. GRADE CROSSINGS: The City Manager presented the following report with reference to acquiring land needed in connection with the Jefferson Street Grade Crossing Elimination Project: "Roanoke, Virginia February 8, 1954 To The City Council Roanoke, Virginia Members of Council: The following letter from the Chairman of the Viaduct Negotiating Co~mittee is presented to you with my endorsement and a verbal explanation: ~February 6, 19,54 Hr. Arthur Ovens, F~nager City of Roanoke Roanoke, Virginia Res Property at 22 E. Salem Avenue; Tax Serial ~401011S; Meals and Burke Estate Dear Mr. Ovens~ Even though I have been successful in securing the signatures of the Burke Estate on an option to the City to purchase the above-mentioned property for $30,000.00 and the First National Exchange Bank Trust Department having also agreed to sign said option in behalf of the Meals Estate, I find that there is a lease covering the property in favor of W. B. lIuddleston at $125.00 per non,h, which does not expire until December Si, 1955. I think it would be best to secure an authorization to pay the $200.00 to the bank for the option subject to you and I working out a satis- factory agreement with Muddles,on for cancellation of said lease. Sincerely yours, (Signed) Rill Francis, Jr. C. W. Francis, Jr.' Respectfully submitted, (Signed) Arthur S. O~ens City Manager" In a discussion of the matter, the City Manager advised that he nov feels further study and negotiations as to n satisfactory agreement with I.M. Ruddleston for cancellation of his lease should be nade before the $200.00 is actually paid on the option for the property. On motion of 1M. Young, seconded by 1-M. Woody and unanimously adopted, the verbal reco~endation of the City Manager ~s concurred in. PARKS AND PLAYGROt~DS: The City ¥~nager presented the followin~ report ~ith referemce to the nm~ing of a city-owned tract of land in the Idle~ild-Kenwood area: "Roanoke, Virginia February S, 1954 To The City Council Roanoke, Virginia Members of Council: ~ne ~flldwood Civic League has forwarded the following letter to the Mayor, who has asked me to present it to Council for consideration and pecor~nendation: '2619 King Street, N. E. Roanoke, Virginia February S, 1954 ~yor Roy ~bber Dear Sir: The Wildwood Civic League has selected the n~ue "Uild~ood" for our new park. Respectfully yours, (Signed) ~s. O. B. Sflcox Secretary' I have referred it to our Planning Engineer and our Park Director. We are of the opinion that it would be ~ise to refer this to the Planning Co~fssion for their consideration and reco~uendation, as there ~ay be existing conflicts in the nanes of subdivisions or other park areas. Respectfully submitted, (Signed) Arthur S. O~ns City !~nager" 2~. Waldrop moved that the reco~mendation of the City ~nager he concurred ~n and that the ~atter be referred to the City Planning Cor~uission for study, repor~ ~nd reco~endatton. The motion w~s seconded by ~s. Pickett and unanimously adopted 175 1.76 FIP~E DEPAHTH~T-POLICE DEPABTHENT~ The Clty Hanager su~ltted the foll~ing report on c~es In the ~erso~el of the Fire ~par~ent.~d the ~lice ~partment~ "Hoanoke~ Vlrzlnia Febr~ry 8, 19~ To ~e C~ty Council Roanoke, Virginia ~mbers of Co~cll~ I wish to re~rt to you the following perso~el c~nges~ FI~ DEP~T ~ld ~vid Boat~lght, restgned~ effective J~uary 31~ 19~. J~es Rely ~rnbull, employed as First Year ~lvate~ effective February 1, 19~. POLICE DEP~;T Robert H. Vernell, e~ployed, effective February 1, 19~. R~n R. Hogan, e=ployed, effective February 1, 19~. Respectfully sub=ftted, (Slfned) Arthur 5. ~'ens City The report was filed. ~]~DS AND R~A~S-LIC~S~: The request of Cope~ver~ Ed~rds and P~rret~ Attorneys, representin~ the Estate of Philip Le~, for a re~d in license tax~ having teen referred to the City Attorney for study and report, the Assist~t City Attorney submitted the fo!lo,lng opinion: "January 27~ 19~. To ~e Co~.cll of the City of Roanoke. Gentle,eh: At a recent =eeting of the City Co~cil this office ~.~s directed study, report and ~ke a reco~endation relati~ to a request ~de on behal~ of the estate of Philip Le~, formerly trading as Philip Le~'s Underselling Store, for a ref~.d of $192.76 retail merchant's license issued to said firm on or about January 31, 1953. A study of the facts of the situation has been ~de by this office but, for the reason herei~fter stated, the detailed facts are not incorporated in ~is report. On previous occasions involving sinllar ~t~ers ~fore Co~cil this office has recommended to Co~cil that no action be taken in a r~tter of this type. Co~cll, of co~se, is the proper body to prescribe rates of tax, rates and ~o~.ts of various business licenses, etc., and ~o the ~chinery by which such tax and lice~es are assessed by the Co=~issione of the Revenue and collected by the City Treasurer. However, we are of opinion t~t Co~cil is not the proper body or trib~al by ~hoa alleged administrative errors or err~eo~s assessments oF erroneous collections of taxes or licenses should be ~ere is provided by la~ a very sinple and efficient procedure ~'hereby a taxpayer or licensee ~y, vtthin certain li~tations, have corrected licen~e t~ alleged to have been erroneously assessed or collected. In such proceedi~ the taxpayer ~y sec~e a ref~d of any m~o~t erroneously extracted from hin as a license t~. Ro~.ever, the entire proceedln2 nust conducted before a co~t of law~ rather than before a legislative body such as a city co~cil. For the above stated reason this office is of opinion that the Co~cil should not ~dertake to pass upon the nerits of the applicant's request but instead, should allo~ such ~tters to be deter=ined by such co~t as the ~tatute gives jurisdiction to hear and decide ~tters of t~s type. Respect~lly, (Signed) J. N. Eincanon Assis~nt City Attorney." IM. H~es moved that the requestfor a re~d be de~ and that a copy of the opinion of the Assist~t City Attorney ~ fo~rded to I.M.J.M. Barrett. ~e motion ~s seconded by ~Ms. Pickett and ~nously adopted. REPORTS OF C~.{MITTEESl SEWERS-WATER DEPART~[E~T~ The request of ;~. Carl A. Montgomery for permlssi to connect to the systems operated by the City of Roanoke sewer lines and w~ter lines ko be installed in a proposed subdivision designated as "Greenwood Forest", having been referred to a committee for study, report and recommendation, the co~mittee submitted the following report~ "Roanoke, Virginia February 8, 1954 To The City Council Roanoke, Virginia Members of Council~ You referred to the below co. tree a proposal by }~. Carl A. Montgomery that he be allowed to receive City services of sewer and water for his subdivision to the South and ~'est of the corporate limit of the City near Brandon Avenue. The committee has net on t%'o occasions. The members have wide variance in their views. The consensus of opinion among us %~s that a conflict between State Laws, a policy level for Council, and sewers and other factors of such moment that the co.~r~ittee felt they would like to have a with Council members concerning tke proposal of this subdivision and subsequent ones. Respectfully submitted, (Signed) Arthur S. Owens (Signed) Harry R. Yates (Signed) Charles E. Moore (Signed) G. H. Ruston (Signed) Ran G. %~lttle" ]~. ]~lnton moved that Council meet with the committee after its adjourned regular meeting on Tuesday, February 23, 1984, Monday, February 22, 19S4, being a legal holiday. The motion %~s seconded by ~. !.laldrop and unanimously adopted. U~-FINISHED BUSINESS: None. CONSIDERATION OF CLAI~.~: None. 1NTRODUC?ION A3ID CONSIDERATION OF ORDIN~CES AND RESOLUTIONS: STREETS A~{D ~LLEYS-PARKS AND PLAYGROUNDS: The City Attorney having been requested to prepare the proper measures for closing a iS-foot unopened alley and incorporating four lots into Fallon Park, the Assistant City Attorney presented tke following co~nunicatlon together with a resolution in connection with closing the alley: "February S, 19S4. To the Council of the City of Roanoke. Gentlemen: At your meeting held on February 1, !9S4, there was referred to this office the matter relating to the incorporation of certain lots into Park and, also, the matter of vacating and closing a lS-foot alley abutting said lots. It is understood that the land within the iS-foot alley %~uld likewise be incorporated into Fallon Park after the closing and vacating of the alley. In order that the incorporation of the lots and the alley into Fallon Park may be accomplished by one ordinance it is suggested that the alley closing be first accomplished and, thereafter, an ordinance be adopted accomplishing the enlargement of Fallon Park by the addition of the four (4) lots and the land formerly in the lS-foot alley. With this in view, this office has prepared for your consideration a resolution authorizing the initiation of the proceedings to accomplish the closing of the iS-foot alley. Later, an ordinance Mill be prepared dealing with the incorporation of the four (4) lots and the land in the l$-foot alley into the land now used for park purposes and known as Fallon Park. Very truly yours, (Signed) J. N. Kincanon Assistant City Attorney" 178 Hrs. Pickett moved that Council concur in the report of the Assistant City Attorney and offered the following Resolution~ (~12055) A RF~OLUTION relating to the closing and vacating of a certain 15-foot alley extending through Block 31, according to the RcDonald Addition l~p, from the easterly end of Wise Avenue, S. E., to 23rd Street~ S. Eo; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 108.) Hrs. Pickett moved the adoption of the Resolution. ~motion was seconded by }M. %reedy and adopted by the following vote~ AYES~ Council members Ranes, Minton, Pickett, ~'aldrop, %reedy, Young, and the President~ l-~. %febber .......... 7. NAYS: None ................. O. MOTIONS AND MISCELLANEOUS STREETS AND ALLEYS: ~. %!oody brought to the attention of the City Manager the need for removing a part of the island on Melrose Avenue at Lafayette Boulevard N. ~.~ stating that the question has previously been ~efore Council. The Clty]~nager advised that he %~uld take care of the matter at once. TRAFFIC: [~. Young brought to the attention of the City }~nager the urgent need for a street traffic control light at the intersection of Orange Avenue and Sixteenth Street~ N. ~., as requested by the Melrose PTA last week~ and suggested that since the signal would ~eneflt the school children more than anyone else, consideration be given the possibility of installing a push-button type signal at this corner similar to several now used near other schools. The City Manager advised that he would look into the matter. STREETS AND ALLEYS: ~. Minton called to the attention of Council the need for rounding off, or cutting back~ the curb at the southwest corner of Eleventh Street and Fairfax Avenue, N. ~., to provide for better movement of traffic, and asked the City ~nager to look into the possibility of obtaining sufficient land to improve the radius of this corner. The City Manager advised that he would look into the matter. There being no further business, Council adjourned. APPROVED Clerk ~ ~ President \ COL~CILj REGULAR HEETIN6, Monday, Fetruary 15, 19B4. The Council of the City o£ Roanoke net in regular meeting in.the Circuit Court Room in the l~unicipal Building, Monday, February 15, 1954j at 2sO0 o'clock, p. m., the regular meeting hour, with the Pres~dentg },M. lfebber, presiding. PRESENTs Council members fishes, l~lnton, Pickett, %faldrop, %reedy, and the President, Mr. Yfebber .......................... S. AB~NT~ Mr. Young ......................1. OFFICERS PRF. BF2~Ts Mr. Arthur S. O~ens~ City ~anazer, ].M. Randolph G. City Attorney, and Mr. Harry R. Yates~ City Auditor. The meeting %ms opened with a prayer by the Reverend Paul Hill, Pastor of the First %feeleyan Rethodtet Church. I{I~,-tFfES: Copy of the minutes of the regular meeting held on lionday, Februar~ 1, 1954, ha¥1n~ been furnished each member o£ Council, upon notion of ~.~s. Pickett, seconded by Mr. ].~lnton and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC I~TTERSS PL~q.~ING CODEs Notice of a public hearir~ on an Ordinance ~mendlng and reordainin~ Section SS of the Pl~nbinE Code of the City of Roanoke to provide for the increasing of prevailing pltk~bing inspection fees, hawing teen published in the i Roanoke %forld-Ne~s, setting the time of the hearing at ~:00 o'clock, p. m., ~[onday~ i February 1~, 1954, the matter was tefore Council. There being no one present speaking against the proposed anendment~ the City Clerk ~rought to the attention of Council the following co~=untcation: "February S, 1954 Mr. O. ~. Simpson Pl~zbing Inspector ~4unieipal Building Roaneke$ Virginia Dear ~. Simpson: The Master Pl~=bing & Heating Contractors Association at their last zeeting on Friday, the Sth, went on record as upprovin~ the Ordinance mmending and reordaininE Section SS of the Plumbing Code of the City of Roanoke. %'re believe that the people of the City will profit i~nensely by the additio~al help for the P!~mbin~ Inspector that this change will rmke possible. Addition- al help will make it possible to check more of the %~rk and to see that it is properly installed for the protection of the health of the people ofthe City of Roanoke. Respectfully yours, ROM;OKE ~[&ST~R PLBG. & t!TG. CONTRACTOR$~ ASSN. (Signed) By Ra.vmond R. ~iller Sec.-Treas." The President, }~. %febber, then requested the City Clerk to read the Ordina: after which }~. Yfoody offered the following as an emergency measure effective as of February 16, 1954: (~1205G) AN ORDIEtNCE m~ending and reordaining Section 35 of the Pl~nbing code of the City of Roanoke (Ordinance No. 911), as heretofore ~mended by Ordinance No. Egll on January 6, 1947, relating to permits and fees; and providing for an emergency. (For full text of Ordinance~ see Ordinance Book ~Io. 20, Page 109.) Rro ~'oody moved the adoption of the Ordinance. The motion vas seconded by HI', Hanes and adcoted by the follovln~ vote~ AYF~ Council mem~rs Hanes~ Minton~ Pickett~ %~ldrop~ %!oody~ and the President~ {M. ~ebber .................. NAYS~ {Tone ..................... O. ({Mo Young absent) PETITIONS AND CO19~L~iICATIONS~ BOND ISSUES{ Council having previously adopted Resolution Ho. 12045, expressing the opposition of the Council of the City of Roanoke to a proposal to the Congress of the United States that certain classes of municipal securities be subject to Federal taxation~ and directing tPAt a copy of the Resolution be forwarded to each member of the House ~ys and Means Co~mittee~ the City Clerk brought to the attention of Council co=~unications from Senator A. ~illis Robertson Senator Harry F. Byrd and several members o£ the IIouse 1~ys and Means Co=mlttee, acknovledging receipt of the Resolutlon~ together vith a letber from IL. Paul V. Betters, Executive Director of the United States Conference o£ {.~yors, advising that as a result of official protests n adc through the states the Co=~!ttee has repudiated its action of January 20, 1954o The co~uunicatlons were filed. STRET IHPROV~.~IiTS: A cor~nunication from }~s. Roy J. Fellers, 491E Rutgers Street, B. U., requesting that Rutgers Street he surfaced and urging that something be done to improve the street before s~mer to keep do%~ the dust, Mas before Counc! On notion of Mr. %~tdrop, seconded by ~s. Pickett and unanimously adopted the request Mas referred to the City Manager for study, report and recommendation. PL~LIC LIBRARY: Council at its regular meeting of January ~8~ 19.54, having requested the Roanoke Public Library Board to prepare a schedule of charges for use of the auditorimn and meeting rooms in the Roanoke Public Library and to submit sane to Council for its consideration in adopting an official schedule of charges for rental of space, the folloMing communication from the Director of the Roanoke Public Library '~s before the body: "February B, 1984 Cotmcll of the City of Roanoke Roanoke, Virginia In reply to City Council's request for a schedule of charges for the use of the auditorium and meeting rooms in the Roanoke Public Library, the Library Board, following a special meeting February $, has directed me to reply, stating the Library's policy. A. The auditorium and meeting rooms are available for Educational and Cultural ~leetings. B. There is no charge if group makes no charge and meeting is held within hours library is open. C. If group charges a fee, admission charge, tuition, or if an offering is taken, a charge of $8.00 per meeting is made by the Library. (Money is turned in to City Treasury.) D. If any group meets beyond the closing hour of the library (9:00 P. M. Monday~ t~hrough Friday) the group pays the Janitor or acting Janitor $1.00 per half hour or fraction thereof. The Library Board has left to the discretion of the Library Director scheduling and operational matters not in conflict with the above policy. This is the s&ne schedule and policy which has been in effect since July 10, !98S. This policy %~s approved on May 19, 1953, by City :~nager Arthur S. Owens and is only a slight change from the policy worked out at a joint conference of ~. O~ns, ~-~. C. D. Rurt, the president of the Library Board~ and I held at about the time of the opening of the library in June 1982. Because of these actions, the Library Board Mas not aamre Council approval %~s necessary. The Library Board wishes to recommend to Council the policy stated with the reservation that the Library Board may at any time change this policy subject to the approv~of City Counell~ if it seems advisable after further study. Sincerely, (Signed) Narold J. Sander Har61d J. Sander Director" In a discussion of the report, it was brought out that perhaps book rental should also be established by Council; whereupon, 1.Ms. Pickett moved that the City ~Mnager be requested to look into the question of book rental along with other rental rates that should be established by Ordinance. The notion was seconded by F~. Minton and unanimously adopted. Mr. 'Jaldrop then moved that the entire matter be referred to the City Manager for further study and to the City Attorney for preparation of the proper Ordinance to be subnltted to Council for consideration. The motion ~ms seconded by Fms. Pickett and unanimously adopted. SCHOOLS: A co=municatton from IM. LeRoy H.'Snith, Chairman, Roanoke City School Board, submitting a complete report on the progress of the school building and Improvement program carried out with the money obtained from the $4,200,000.00 bond issue and augmented by money received from the State of Virginia for building purposes, calling attention to the need of additional school facilities, advising that a recent survey sho~s the need for 27 additional classrooms at present and that with approximately 700 new students next fall a total of SO new classrooms wll~ be needed, and stating that plans for supplying additional funds for school buildin should be considered in the very near future, %~ms before Council. The co=munication %~s filed. STADIa4 ADVISORY CO~ITTEE: The following co=nunfcation from the Stadl~u Advisory Committee with reference to new officers, %-as before Council: "February 12, 1954 TO THE HONORABLE CITY COLU~IL: This is to advise you that an organization meeting of the Stadi~u Advisory Committee ~ras held on February ll, 1954. The following officers were elected for the ensuing year: Chairman: Clyde Cocke Vice-Chairman: H.L. Lawson Secretary: R.P. Hunter Respectively submitted, (Signed) R. P. Hunter R. P. Nunter, Secretary Stadi~u Advisory Co=uittee" The co=uunication ~ms filed. REPORTS OF OFFICERS: GRADE CROSSINGS: The City ~.Mrmger sub.~ltted the following report in connection with acquirl~ certain real estate necessary for the construction of the Jefferson Street Grade Crossing Ellnlnation Viaduct and Project and to provide for parking facilities and/or other municipal purposes: "Roanoke, Virginia February 15, 1984 To The City Council Roanoke, Virginia Members of Council: You adopted Ordinance No. 12025 on December 14, 1953, authorizing the City Manager to r~ke an offer to property owners for certain property the City wished to purchase on the north~est corner of Salem Avenue and Second Street, S. E. There have been negotiations concerning the purchase of this property. ! feel that for the best Interests of the City of Roanoke I discuss this In executive session with Council. Respectfully suhuitted, '(Signed) Arthur S. Owens Clty }~nager" L~ter during the meeting, an executive session ~s held after ~hich no ~ction ~s taken, BUILDIE6 CODE~ The City ~nager submitted the following report with referent to inspection of elevatcrs: "Roanoke, Virginia February 15, 1954 To The City Council Roanoke, Virginia Members of Councll~ The Roanoke Association of Insurance Agents has forwarded the letter directly to me, which I bring to your attention: 'February 9, 1,~. Arthur S. Owens I~nager, City of Roanoke Roanoke~ Virginia Re: Elevator Liability and Insnectlo~ Dear ~. Owens: ~ would appreciate it if you would bring the following r~tter to the attention of the City Council at thelr next scheduled ~eeting. The present City Code provldes that a quarterly inspection be r~de of elevators at a fee of $5.00 per ins~ectlon. As many of these elevator are presently insured, this will ~ork a fln~ncial hardship on those carrying Elevator Liability Pnsurance ~'hlch includes the usual inspect: ~,~e ~uld like to request the City Council that this Ordlnan:e be a~end, ~ere Elevator Liability InsUrance is presently being carried that thi: would suffice with the understanding that a copy of the insurance co~panies periodic inspection reports te r~ade available ta the City Hanager. This would assure that all elevators insured were a~ually inspected and on those not insured, we feel the requirement of an inspection should be made by the City. Very truly yours, (Signed) L. Graham Haynie L. Grah~Haynie, President' In the recent enactment of our b~ildlng code there ~s included a section £overnlng the inspection of elevators, and a fee of $S.OO ~s made for the quarterly inspection of public and semi-public elevators. The Insurance Agents Association feels this is a charge which they like to discuss with Council. I ~ bringing it to your attention for disposal. Respect£ully submitted, (Signed) Arthur S. O~.ens City I~n~ger" In this cormectlon, 1.~. Minton ~oved that the City ~nager invite represen- ;atives of the Roanoke Association of Insurance Agents to ~eet with Council for a discussion of the mahter. The ~otion was seconded by Mr. Hanes and Unanimously adopted. Also in this connection, the City ~nager advised that he ~ould send each ~ember of Council a copy of the letter fro~ Mr. Haynie and also data on the n~ber of elevators, etc. STREET LIGHTS: The City ¥~nager submitted the following report with referenc to the request for street lights and the need for improved street lighting at vario~ locations in the city: "Roanoke, Virginia February 15~ 1954 To The City Council Roanoke, Virginia Members of Council~ I would like to present to you a series of lights needed in the City of Roanoke, many of which have been postponed since last fall. The first is a series covering many requests for lights in the various sections of the City. The second is a series of improved lights needed in the colored section of our City, especially around the new Y.%f.C.A. The third group is for the new cut-off from Wlllimnson Road along Lincoln Court and Liberty Road. The fourth section.is lights necessary on our Route 460: £ron Orange Avenue west. I ~uld appreciate your adopting the necessary resolution. Respectfully submitted, (Signed) Arthur S. Owens City 1.Mnager" IM. %~ldrop moved that Council concur in the report of the City l~Mnager and offered the following Resolution: (#12057) A RESOLbTION authorizing the installation of street lights and the replacement of certain existing street lights at various locations in the City of Roanoke. (For full text of Resolution, see Ordinance Book No. 20, Page llO.) Hr. %~ldrop moved the adoption of the Resolution. The motion ~s seconded by !~. Minton and adopted by the following vote: AYES: Council members Hanes, !tinton, Pickett, ~ldrop, ~oody, and the President, :.~. ~bber .............. NAYS: None ................. O. (~.~. Young absent) AIRPORT: The City Manager submitted the following report in connection ~;ith the removal of the h~np in the run'~y at the Roanoke Municipal Airport: "Roanoke, Virginia February 1S, 1984 To ~ne City Council Roanoke, Virginia Mezbers of Council: You directed me to remove the h~p in the Airport runway. In further- ance of that diractlon I have had the %~ork accomplished. I gave you an estimate of $1S00.00 to accomplish this work, ~hich $1~0.00 less than the bid given by the Jewel Construction Company of $1620.00. The work %~s accomplished at the cost of $1407.21. I would appreciate your confirming this action in accordance ~ith Section 41 of the Charter of the City of Roanoke, authorizing pa)~ent out of either the Airport Repair Account, Street ~'Azuds, or an appropriation for the foregoing ~nount. Respectfully submitted, (Signed) Arthur S. ~ens City ~nager" Mr. Hinton moved that Council confirm the action of the City Manager and the cost of the .~ork be charged to the Airport Repair account. The notion by Mr. Hanes and unanimously adopted. PARKS AND PLAYGROUNDS: Council having referred to the City Manager for stud report and recommendation a cor~unication from the City Planning Co~nissfon lng that property located at the intersection of Brandon Avenue and Grandin Road, S. W., designated as Lots 1, 2, ~ and 4, Block 20, Raleigh Court Map, be acquired the city for the purpose of incorporating it in Shrine Hill Park, he submitted the following report: 183. 1:84 "Roanoke, Virginia February 15, !954 To The City Council Roanoke, Virginia I~mbers of Council: The Planning Commission forwarded you a co~munication suggesting that you purchase certain lots at the Junction of Orandin and Brandon Avenue for the enlargement of our City park. The owners of the property, The Raleigh Court Corporation, have advise~ ne they would sell their three lots to the City at a price much less than they uwre disposlngo£ it for other than park purposes. They have asked ne to express to City Council their willingness to sell these lots to the City for $15,000.00, but if they were disposed to others than to the City their sale price would be much higher. I would not reco.~uend the purchase. Respectfully submitted, (Signed) Arthur S. Owens City l~anager" On motion of }~. Minton, seconded by I~. Hanes and unanimously adopted, Council concurred in the recommendation of the City Manager not to purchase the property. SID~'fAL~, CLUB AND GUTTER CONS?RUCTION: The City ~nager submitted the following report in connection with installing side~'alk, curb and gutter in exchang, for land for street widening purposes: "Roanoke, Virginia February 15, 1954 TO The City Council Roanoke, Virginia Members of Council: The following letter from the Vice President and Treasurer of the Shenandoah Life concerns their request for sidewalk, curb and gutter in the area adjacent to their property, which will be located on Church Avenue at Third Street, S. 'February 8, 1954 lT. John L. ~.fentworth Director of Public ~'forks City of Roanoke Roanoke, Virginia Dear Mr. ~4ent~orth: In accordance with our conference last ~dnesday, February please be advised that I have reported to our Finance Committee the hatters ~nich were considered at that tine relative to the widening of Church Avenue on the North side of the lot o~med by this Company, located on the S~! corner of Third Street and Church Avenue. The following is our understanding of your proposal: Provided Shenandoah Life Insurance Co., Inc., will deed to the City of Roanoke, without consideration, the six feet between the prese~ property line and the setback line, the city will agree to do at its expense the following: 1. Install new curb and gutter. 2. Install ne~ side~lk. S. Properly pave the widened street. 4. Bear all costs covering the preparation of deed together with engineering, survey, and other costs required. ~. Carry this street widening, including curb, gutter and side~mlk from the present corner to the east property line of Oakey's. 6. Complete all of the above work prior to November 1, 1984. If this conforms to your understanding, please have the necessary deed w~hich should contain the above six items as covenants, mud surveys prepared which should be submitted to our Law Division for approval. Very truly yours, (Signed) Alan G. Decker Vice President and Treasurer' Council is familiar with the fact that the property in front of the Oakey Funeral tlome has already been set back. The Shenandoah Life is wlllix to conform with this set-back line and donate to the City necessary land fo~ widening if the City Jill provide sidewalk, curb and gutter. The cost of this is approximately $1600.00, and it would take authorit from you to have the work accomplished. No appropriations would be necessa due to the fact that we are within our sidewalk, curb, and gutter estimate for the year. Respectfully submitted, (Signed) Arthur S. Owens City ~Mnager" After a discussion of the matter, ~M. %~ody moved that Council defer action on the matter for one week and that in the meantime the City I~mnager ascertain whether this offer will provide for a uniform curb line up to the Oakey Funeral H=me property and to ascertain the exact properties involved. The motion vms secom by Mr. Hanes and unanimously adopted. In this connection, the City Manager presented the following report togethe: with a letter from the City Engineer.in connection with the donation of property on Salem Avenue, S. ~., west of Fifth Street, for street widening purposes in exchange for eide~nlk, curb and gutter: "Roanoke, Virginia February 15, 19~ To The City Council Roanoke, Virginia Hembers of Council: Three property o%~ers on Salem Avenue have constructed new property to the west of Fifth Street and have set back their property in confor.~ity ~it! Ordinance ~o. 5687 dated August 19~ 1940. They have agreed to donate this property for street widening purposes and the City to furnish sideu~lk, curb and gutter. The cost of this is $3280.E0 and would not necessitate an appropriation. Respectfully submitted, (Signed) Arthur S. City ~.[anager" On motion of ~. Minton, seconded by ~M. Hanes and unanimously adopted, action on the matter ~as deferred for one TRAFFIC: Council having referred to the City ~,!anager for study, report and recor~endation a request from the Helrose PTA that a traffic light be installed at Orange Avenue and Sixteenth Street, N. l'f., he submitted the following report: "Roanoke, Virginia February 15, 1954 To The City Council Roanoke, Virginia Members of Council: You referred to me for investigation and report several requests made to you for light at Sixteenth Street and Orange Avenue. %~e appreciate the fact that this is a difficult corner. There are many comparable to it in the City, and there are rmny corners needing !lght~ as badly as this one. Our staff is diligently trying to find a cheaper method for the control of traffic at difficult corners where children cross in order that we can spread our safety factors further with the limited funds that are available. We have made considerable studies of this corner, and for the official record I would like to present to you the following letter from the Superin- tendent of Police ~hich is concurred in by me: 'February 11, 19S4 }-~. Arthur S. O~ens City ~mnager Roanoke~ Virginia Dear Sir: I met with Lieutenant Harris, J. D. Sfn/~, and L. F. Sink this morning regarding the installation of a traffic light at Sixteenth Street ar.d 18.6. 'Orange Avenue~ N. W., and J. D. Sink advised that we do not have the necessary equipment to install a traffic light at this tine. He also stated that he had requested prices on the equipment needed which he thought ha would get in about thirty days, Mr. Sink further advised that according to his information it would take about six nonths to get a delivery on this equipment after the order is placed and of course ii the order was placed now we could not get the equipment in time to install a traffic light during this school term. For this reason I cannot give you any lnfornation on the cost of the installation of the light at this time. I have instructed Lieutenant Itarrls to station a traffic officer at this intersection until somethir can be worked out. I also requested he conduct a traffic survey in order that we may be prepared to recommend the proper type of control when the equipment is available. Very truly yourst (Signed) F. H. %%bb Captain F. It. Webb Superintendent of Police' Respectfully suh~lttedt (Signed) Arthur S. Owens City ~nager" Ina discussion of the matter, ~.M. Minton advised that he feels the traffic signal is needed at the corner and 1,M. ~ianes advlsed that he feels preferance shoul~ be given to locations near schools. Mrs. Pickett suggested that the City ~anager talk with representatives of th Central Council PlA in connection %;ith the need for traffic lights in the vicinity of schools. fir. :!lnton then moved that Council concur in the report of the City I~nager and the action taken by the Superintendent of Police in placing a traffic officer at the intersection of Orange Avenue and Sixteenth Street, N. ~.~ to guard school children crossing at this corner until some other measure can be taken, iRqe motion was seconded by Mr. Hanes and unanimously adopted. CHESAPEAF~ AND POTO}L&C TELEE!ONE COMPANY: The City I~anager submitted the following report with reference to installing outdoor telephone boat}Is: "Roanoke, Virginia February 15, 1954 To The City Council Roanoke, Virginia ~lembers of Council: I an bringing you for your consideration the following letter from the Chesapeake and Potomac Telephone Company: 'January 29, 1954 ~M. Arthur S. Owens, City City of Roanoke~ Roanoke, Virginia. Dear I.~. Owens: I should like to present for your consideration the possibility of added revenue for both the City of Roanoke and the C. & P. Telephone Company through the use of outdoor telephone booths. The outdoor telephone booth is a relatively new innovation as far as our service .is concerned. Our experience~ together with that of our agents at whose establfsknents these booths have been installed, has been gratifying. It is my thought that the City of Roanoke might see fit to allow us to place an attractive al~in~ booth, SS-1/S in. square and 7 ft. 2 in. high at either end of the old audltori~n on the market square. %bth bus stops at each location, the usage on these stations should be relatively high, resulting in proportionate co~missi to the city. %~ile I can appreciate the position you may be in with regard to allowing one firm pernission to utilize slde%~lk space to the extent suggested, nay I say that such installations %~uld be more in line with public service, since communications would be available to citizens of Roanoke in the do%mto%~ area twenty-four hours a day. Because there ar few establishments open in the early morning hours, I ~m sure you will agree that the availability of such facilities on a round-the-clock basis would serve our citizens well, particularly in time of un emergency. F~y I respectfullysug§est that you give consideration to the installation of these booths al a trial basis, The city's co~ission on all revenue taken in by these telephones vould be as follows: on the second 50~ per day 8~ of receipts over $1.00 per day Since it is obvious that these booths ~uld do an unusual amount of business. ~n¥ I suggest that you consider your commission in terms of 18% On ail revenue. If you have any questions regarding this matter, ! shall be happy to hear from you. Yours very truly, (Signed) Il. K. Buerlein Provided space could be secured, I see no objection to experimenting with three, but not more than four, of these booths. Respectfully submitted, (Signed) Arthur S. ~;ens City I.Mnager" In a discussion of the request, members of Council voiced the opinion that locations of telephone booths should te on private property conveniently located fo: use by the public, calling attention to a n=nber of parking lots on %{hich booths could be placed, the City Manager advising that he would rmke tke su£Eestlon to the mmnagement of the telephone company. On motion of Hr. Hanes, seconded by !~. Minton and unanimously adopted, the request of the Chesapeake and Potommc Telephone Company %.~s denied. ~TER DEPARTI~NT-I~AL~7. t DEPA-R~fENT:The City Manager submitted written repot~ together with several letters from manufacturlnE companies on the possibility of furnishing equipment for feeding fluoride to the c~ty water supply. The report and co~.munications were filed. REPORTS: The City Manaser submitted ~Tltten reports from the Department of Parks and Recreation, the Fire Department, the Purchasing Department, the Electrical Department, the City l-[arket, the Health Department and the Department of Buildings for the month of January, 19~. The reports were filed. HEALTH DEPARTL~T: The City ~!anager submitted the following communication in connection with charges for certain certificates issued by the Health Department February 15, 1954 To The City Council Roanoke, Virginia Members of Councll= The followin~ letter from the Secretary of the Health Board is for 'February 10, 19S4 Mr. Arthur S. City l[anager l~nicipal Building Roanoke, Virginia Dear l~r. Owens: At the last meeting of the Board of Health it was unanimously reco~uended that we suggest to you the adoption by the City of a nominal charge of $0¢ per copy for each certified copy of death and birth certificates issued by the Department of Health. Over S,OOO death certificates alone ~ere issued last year ~ithout charge, which at the suggested rate would have meant an income to the City of This service, quite obviously for the convenience or necessity of certain individuals, takes the tine, energy and cost of supplies which the Board feels should be borne directly by the party benefiting from the service. It was noted that the Clerk of Courts charges $1.OO for issuing certified copies of .~arriage certificates, which would appear to be in a similar category. 187 188 If there are any questions concerning this recommendation it is suggested that you contact Dr. Charles lrvin direct. Very truly yours, (Signed) Jack Bo Coulter Jack B. Coulter Secretary of the Board~ It is apparent thmt such a charge is consistent with practices in other cities, and the cost would not be unreasonable. Therefore~ it appears to ne to be a practicable reco~endation. Respectfully submitted, (Signed) Arthur S. Owens City ~Mnager" After a discussion of the matter, Council being of the opinion that this is service that should be rendered to the public without charge, Mr. Minton moved that Council decline to concur in the suggestion of the Board of Health. The motlo !u~s seconded by Hr. I'?oody and unanimously adopted. STREETS AND ALLEYS: The City Manager submitted the following report in co~uection with improving the radius of the southwest corner of Eleventh Street and Fairfax Avenue, N. "Roanoke~ Virginia February 1~, 1954 To The City Council Roanoke, Virginia Members of Council: On February 2, 1954, you. directed that I ascertain the cost Of widening Eleventh Street,N,. ~.f., for an increased radius as suggested by ~. Hlnton. The total cost of this is $100.00. Respectfully submitted, (Signed) Arthur S. Owens City lianager" In a discussion of the report~ the City ~Mnager advised that no additional land will be needed to make this improvement and recommended that the work be done; whereupon, ~. Hinton moved that Council concur in the verbal reco~nendation of the City Manager. The motion was seconded by ~.Ms. Pickett and unanimously adopted. AIRPORT: Council having taken under advisement the request of Mr. %finslow S. Jones that the city rent him one additional room in the Cannaday House at the Airport at the rate of $12.50 per month, and having requested the Cdty Attorney to mmke an examination of the law as it relates to regaining possession of property in cases where an invalid or sick person is involved, the Assistant City Attorney submitted the following opinion: "February $~ 1984 To the Council of the City of Roanoke Gentlemen: At your meeting on February 1st, you referred to this office the quest~ of renting certain additional space in the Cannady House at the Municipal Airport for ex~tnatlon of the law as it relates to regaining of possession of property in cases where an invalid or sick person is involved. To my knowledge, and after examination of the law relating to the subject of landlord and tenant, there ds no statute or law which gives to a tenant any additional rights to hold or occupy premises by virtue of the fact that a sick or invalid person is an occupant of the leased premises. Questions relating to the rights of the owner to regain possession of the leased premises are resolved purely upon the basis of the lease or rental agreement existing between the owner and the tenant and a tenant has no legal right to continue in possession of leased presses after expiration o~ being human, in some cases, very reasonably perhaps, try to temper the law with a certain amount of charity and delay for a reasonable time the opera- tlon of the law in cases ~nere very unusual physical hardships would ~e incurred by swift enforcement of conceded legal rights on the I~rt of the In the instant case It ls the opiniom of this office that Council need not consider too seriously the use to which the City's present tenant, 'Wlnslo~S. Jones, intends to r~ke of the additional room which he desires to lease or rent from the City. It is apparent from the file given to us that ;M. Jones' invalid relative is already living with him in the leased premises whlch, in our opinion, could in no sense be considered a violation of any terns of Fm. Jones' present lease arrangezent. A leasing of addltlol al space to ~.~. Jones at this tine would not give to him or to any other person any rights beyond those contained in the City's lease agreement with him or which are not possessed by him in the present lease in relation to the space now occupied by him. Su~'~arizing~ we do not feel that, from a practical standpoint, Council need be concerned with the fact that Mr. Jones' request is motivated by a desire to procure additional room for members of his l~edlate family if the City has available for such use property which it desires to rent. Respectfully submitted, (Signed) J. N. Elncanon Assistant City Attorney." In a discussion of the request, the City ~Mnager advised that this is one of the two remaining roo~s on the first floor of the building that could be rented as office space. After a further discussion of the matter, it beln~ brought out that the established rental rate for the room is $25.00 per month, and Council being of the opinion that rooms on the first floor should be reserved for office space at a rate of ~25.00 per month, Hr. !~ody moved that the request of Hr. Jones to rent the room be denied. The motion ~ms seconded by Mr. ~ldrop and unanimously adopted REPORTS OF CO!.~ITA~EES: MA.HER FIELD: Council having previously referred to a co=~ittee the matter of settling the city's claim against Roanoke Basehal!, Incorporated, the co~uittee submitted the following progress report: "Roanoke, Virginia February 15, 1954 To The City Council Roanoke, Virginia Members of Council: You referred to the below co~-%nittee the contract of the Roanoke Baseball, Incorporated, to negotiate with them to~rd the settlement and termination of the existing contract. ~M. Schneider %~s out of the City the first three days of last week and advised us on Thursday that he would be unable to neet with us until aft the conference with his attorney on Saturday and a subsequent meeting with the other members of the corporation during this ~eek. The committee will make every effort to expedite this matter and report back as soon as possible. (Signed) Arthur S. O~zens (Signed) Ran G. %~Ittle (Signed) Harry R. Yates" £he report %~s filed. Council having also referred to the Stadi~ Advisory Co~nlttee for study, report and recommendation the question of reducing the rental ckarges for amateur baseball games at ~aher Field, the co~mittee sub~itted the following report: "February 12, 19f~ TO ~r~ HONOraBLE CITY COIE~CIL: Pursuant to a motion adopted by your body Monday, February 8, 1954, the Stadium Advisory Co, tree has investigated and given study to rental charges for mmateur and semi-pro baseball games to be played by one or more local teams at F~her Field for the year 1984 and hereby reco~ends that Ordinance ~11823 of May 25, 1953, be m=ended, effective i==ediately, to read as follows: 189 190 Sections I and 2 - the vordin~ ~and Se~l-Professlorml~ be deleted Section 3 - ~teur and Set-to ~s~ll - ~y E~ents (B~th out-of-to~ te~) - If admi:~ion c~r~ed - Slnzle ~e~ - Flat cha~Ee o~ $15.~ ~uble Header - e. ~te~ ~d ~e~-~o ~se~ll - ~y Events (One or ~th local te~) - If Admission c~mrged - Sidle g~e~ - ) $1.~ ~er g~e - plus ~ of all gross receipt; ~uble tleader - ) In exce~s of Federal and City adnl~sion ~xes to ~ deducted from gross receipts. Section 4 - ~teur and Semi-Pro ~se~ll - Night Events (Both out-of-to~ te~) - If admission c~r~ed - Single g~nes - Flat cha~ge o~ ~uble header - " 40.~ A~teur and Semi-Pro ~seball - Nizht Events (One or ~th local temps) - If admission charged - Single ~m~es - ) $1.~ per E~e - plu~ 2~ of all ~ross receipt~ ~uble Header - ) tn excess of Federal and City admission taxes to ~e deducted from receipts. Section 19- ~'~ere any lessee desires to use the City's night llzhtln~ syste: an additional c~rEe of $50.~ per ~ght for Stadium Lights and $25.~ per ni~ht for Athletic Field liEhts~ shall te paid. It should ~ ~rther ~derstood that where one or note local teams desire to ute the athletic field and no admission is char~ed the ~rounds ~ould be furnished free. It iS also ~dersto~ the City retains the concession rlghts~ as %:ell as advertising rights on billboards attached to fence surro~dfng this property, and if changes herein reco~ended become effective then the City should [r~ediately advertise for bids for concession and billboard privilege From a practical standnoint~ however~ a Joint onerator of concessions for ~th the stad~u and athletic field would be be4t. Attention ls called to the fact that in recent years this athletic field has been leased %o and ~lntalned by lessee. Under the proposed set- up outlined above, It will be necessary for the Department of Parks and Recreation to operate and maintain this property in the future, the cost of which is estl~ted to he ~.~ for the current year: Labor $1,5~.00 ~.fater 500.09 Electricity Repairs 1~0~.00 Additio~l fence l~O.OO Supplies 200.00 A supplemental appropriation to the Stadium and Athletic Field Account should, therefore, be ~de promptly to properly take care of and ~intain tt ~seball gro~ds s0 that~ should it later develop organized baseball is returned to Hoanoke~ a suitable and Moll kept field %;ould be available. Respect~lly submitted, (Signed) Clyde Cooke Clyde Cooke, Chair~n Stadium Advisory Committee" In a discussion of the ~tter, l~. R. G. Culbertson~ who %~s present at the meeting, advised that he feels the proposed Fates for local games are satisfactory, but urged that the city do everything possible to obtain the present lights at the field. After a lengthy discussion of the ~tter, I~. %Joody moved t~t the schedule of rates as submitted by the Stadi~Advisory Co~ttee be approved and that the %ttorney be requested to prepare the necessary meas~e amending Ordinance Ko. 11823 ~o provide for the new rates. ~e motion %~s seconded by ~. ~ldrop and ~animousl ~dopted. In this co~ction~ the City Attorney advised that he has prepared an )rdl~nce ter~nating the lease between the City of Roanoke and Roanoke ~seball~ Incorporated, ~de ~der date of l!ovember 1, 1950, and directing that posse~sion of the leased prer~tses be regained by the city and that steps be taken to secure the payment of accrued, unpaid rental due the city under said lease. After a discussion of the Ordinance, Council being of the opinion that no action should be taken until after further report is received from the co=~lttee, the Ordinance was tabled. STREET II~PROYE~JITS~ Council having referred to a co=~ittee composed of the City I~anager, the Director of Public %forks, the Assistant City Engineer and the Cit Auditor bids recelved for street repairs on U. S. Highboy Route No. 4~0 (Orange Avenue and Salem Turnpike), from Eleventh Street, N. W., to ~elrose Avenue, N. ~., for tabulation and report, the co=~lttee su~=ltted a tabulation of the bids, and it appearing that Adams Construction Company is low bidder in the amount of $S1,475 Hr. Hlnton offered the following emergency Resolution: (#1205S) A RESOLb~ION accepting the proposal of Adar~ Construction Company, Roanoke, Virginia, for street repaire on U. S. High~y Route No. 460 (Orange Avenue and Sale~ Turnpike), from Eleventh Street, N. ~., to l!elrose Avenue, N. !~., in the total s~ of $S1,475.15;authorising and directing the City IMnager to execute tho requisite contract; and provtdin~ for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 112.) Mr. Minton moved the adoption of the Resolution. Tke motion x~e seconded by !irs. Pickett and adopted by the follo~ing vote: A~S: Council ~embers !tames, Minton, Plckett, ~ldrop, ~foody, and the President, I~r. !'~bber ............. 6. NAYS: None ................ O. (!ir. Young absent) UNFIIIISh~D BUSINESS: STREETS AL~D ALLEYS-PARKS ;did PLAYGROUnDS:Pursuant to tke provisions of Resolutfon ~o. 12055~ adopted by the Council of tile City of Roanoke on February 8, 19~i, relating to the closing and vacating of a certain 18~foot alley extending through Block 81~ according to the ~cDonald !!ap, the City Clerk reported that he has posted notices at the front door of the ~ndcfpal Building and at two other public places in the City of Roanoke of Council's intent, on its o'~.~ notion, to close and vacate the above described alley, and advised that the Assistant City Attorney has prepared a Resolution for Council's consideration naming the viewers and providing for a public hearing on the question; %~hereupon, ~. %~ldrop offered the following Resolution as an emergency measure: (~12089) A RESOLUTION relating to the closing and vacating of a certain 1S-foot alley extending through Block Sl~ according to the ~cDonatd ~ap, from the easterly end of %~se Avenue, S. E., to 2~rd Street~ S. E.;and providing for an e~ergency. (For full text of Resolution, see Ordinance Book No. 20, Page 11~.) 1,~. ~.~ldrop moved the adoption of the Resolution. The motion %.~s seconded Hr. Hanes and adopted by the following vote: AYES: Council members Hanes, ~Hnton, Picket% ~ldrop, ~ody, and the President~ ~. ~bber ............... G. NAYS: None .................. O. (~. Young absent) CO~SID~i2{ATION OF cLAIHS: ~one. INTRODUCTION AND CONSID~qATION OF ORDINAI~ES AND RESOLUTIONS: PL~CHASE OF PROP~TY-DO~ATIO~;S: The City Attorney having been requested to prepare the proper Orddnance authorizing and directing the acqnisition of certain ipropertles for use as a street, drlve%~y and parkway along Roanoke River, presented ~e~ne; xchereupon~ ].~. I~oody offered the following as an emergency measure: 191 192 (~12000) AN ORDINANCE authorizing and directing the acquisition of certain properties situnte on the south side of Roanoke River betveen Walnut Avenue and Ivy Street, S. E.{ providing for the payment therefor{and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 113.) Mr. %~ody noved the adoption of the Ordinance. The notion vms seconded by I-L. ~faldrop and adopted by the following vote: AYES: Council =embers Hanes, Minton, Pickett, %~ldrop~ Woody, and the President, I.L. t~bber ........... 6. NAYS: None .............. O. (iL. Young absent) MOTIONS A~[D MISCELI~;EOUS RUSII~SS{ {.~2;ICIPAL GOV~I3~N?: Council having heretofore received a report and reco~endations fron the City {~nager in connection with a series of proposed civic projects endorsed by the Roanoke Booster Club, Mrs. Pickett advised that she feels one or two of the proposals should bo considered by Council at this tl=e and moved that the body concur in the recor~uendation of the City Manager regarding the beauti- fication of city approaches and that he proceed to work out ~lth the Council of Garden Clubs a progrmu for the beautification of city approaches as set out in his reco~uendation submitted to Councll at its neetlng on February !, 1954. The notion ~ms seconded by ~-~. ~ldrop and unantnously adopted. I~TER DEPARTMenT: The City Manager having previously advised Council nether: that l~r. ~!alcoLu Plrnle, Sr., and ~L. l~lcoln Plrnie, Jr., Engineers, ~ould be in the City of Roanoke on February 1SD 19~I~ on a routine inspection of the facllitiesl and to check on the quality of the water sunplies of the city and that they would be present at 4:00 o'clock, p. n., for a discussion ~Ith Council, ~. Plrnle, Sr., and ~L. Pirnie, Jr., appeared before the body and entered into a discussion in ~ich IL. Pirnie, Sr., advised that the Carvins Cove reservoir itself has a dependable yield far beyond the capacity of the present filtration beds, ~L. Pirnie enphasizi~ that although Roanoke has all the ~ter it will need in the foreseeable future, there is need for nore facilities to hake the ~mter usable and the present Carvins Cove filtration plant should be doubled in the near future, 1.~. Plrnle stating furt that the E,O00,O00 gallons of ~mter per day filtered into the city's .~mter systen during tho dry season last s~er taxed the plant beyond its rated capacity of 6,000,000 gallons per day, and that he expects industrial and co~uercial developzen~ of the city and an increase in population to bring increased consumption. After a further discussion of the hatter, the President, ~L. %febber, expres~ the tha~<s and appreciation of Council to Mr. Plrnle and his son for their appearan~ before the body. There being no further business, Council adjourned. APPROVED Clerk ~ President COUNCIL, REGULAR }~ETING~ Monday, February 22, 1954. ~:onday, February 22, 19.54, being a legal holiday, the regular meeting of th Co'~ncll of the City of Roanoke %~s adjourned until 2:00 o'clock, p. m., Tuesday, February 23, 1954. A~.fy~y~.~ A P P R O V E D ~~ C~lerk - ~ President COI~.'CIL~ ADJOtSqhT_D REGULAR I~ETING~ Tuesday~ February 23~ 1954. The Council of the City of Roanoke net in an adjourned regular meeting in the Circuit Court Room in the Municipal Rullding~ Tuesday~ February 23, 1954~ at 2:00 o'clock~ p. m.~ with the Presldent~ Mr. w::ebber, presiding. PRES~T.' Council members Hanes, Minton, Plckett, !'aldrop, :'~'oody, Young~ and the President, Mr. %robber .............. 7. ABS~:f: ,':one ................... O. OFFICERS PRES?.'iT.' Mr. Arthur S. Owens~ City :~rmger, .'tr. Randolph G. ?nittlE City Attorney~ and `'.tr. Harry R. Yates, City Auditor. The meeting was opened with a prayer by the Reverend !f. M. Philllppe, Sr., Pastor of the Jordonto%m %:esleyan Nethodlst Church. SINLESS: Copies of the minutes of the regular meetings held on February G, 19~., and Monday, February 1S, 19S~t, having been furnished each r. enber of Council, upon motion of fir. Minton, seconded by `'Irs. Pickett and unanimously adopted, the reading %:as dispensed %.~lth and the minutes approved as recorded. ItEARING OF CITIZEES UPON PL~LIC POLICE DEPART:~2T: `':r. Morton Honeyman, Attorney, representing the Virginia Cigarette Service Corporation, appeared before Council and advised that he %~ould llke to discuss with the body the requirements of Section S1, Police Force, of the City Charter, in view of the fact that a certain police officer has entered into cigarette vending rash!ne business in his off-duty hours. In this cormection, `'.tr. L. E. Hurt~ Jr., and `'Ir. !f. Iiooker Harbour, Attorne2 representing the police officer~ appeared before Council and requested that the matter be continued for one %¢eek due to the fact that they have prior court cases scheduled at 2:00 o'clock, p. m., and cannot be present for the discussion. ~r. Honeyrmn objected to the continuance on the basis that the officer is placing additional nachlnes at various locations in the city and that the City ~'~anager had~ in a recent letter dated January 21~ 1954, advised that the matter would remain in status quo until settled, and for this reason he is requesting that Council give an lrmediate hearing. The City ~nager advised that since all parties concerned cannot be present for the discussion he will ask ti'mt no further r~chfnes he placed in use until the rmtter is settled. After a further discussion of the request, Hr. Rlnton moved that the matter be carried over for one %~eek and placed on the agenda for 2:00 o'clock, p. m., March 1, 1954. The motion %ms seconded by ~tr. Young and unanimously adopted. SEGREGATION: Dr. H. T. Penn appeared before Council and submitted a %u'ltt~ statement asking that in order to bring about a positive progrmu of interracial cooperation among all citizens of Roanoke, Council consider seriously the idea of appointing a Fmyors co=mittee or cormission on interracial cooperation. After a discussion of the matter, `'.tr. ~faldrop moved tha~ Council take the request under advisement and study. The motion %.ms seconded by Mr. ~foody and unanimously adopted. STREET IMPROVE}[F21TS: Mrs. Reba C. Bancroft appeared before Council and presented a petition signed by twenty-nine citizens~ requesting that Tlpton Avenue, S. E., from New Spring Branch Road to Yellow Mountain Road, he hard surfaced. 1'93 .179tl On motion of ltl', Mtnton~ seconded by M~. Waldrop and unanimously adopted, the request %~s referred to the City Hanager for study~ report and recommendation CottnC 11. Also in this connection~ lit'. R. T. Ed~mrds~ Attorney~ appeared before Councf and urged t.hat this street be lnproved~ advisin~ that lit. Charles E. Kepley will donate the land for the widening of Tipton Avenue~ S. E., thorough his property to Mountain Road. Council u~s of the opinion that Mr. Edwards should obtain in writing an ~gree:~ent from IM. Kepley that he will don~te the land and that a plan showin~ the proposal should be submitted in order that the proposal can be referred to the City Manager and the City Planning Co..~-~lsslon for study and recommendation; whereupcn~ Edwards advised that he would obtain the agreement and plan. PE?ITIONS ArID CO[.~qIICATIONS.' Bbq)GET-COHP~ISATIO:! BOARD.' Co.-.munications from the Compensation Board, fixl~ the salaries and expenses for the offices of the City Sergeant, Co~'.lssioner of Revenue, Commonwealth's Attorney and City Treasurer for the calendar year 1954, before Council. In this connection, the City Clerk pointed out that the Compensation Board has approved tho $1S0.00 cost of living salary increase for these offices as recem-~ended by Council. On notion of ~r. Minton, seconded by l~r. ~:aldrop and unanimously adopted~ the City Clerk :~s instructed to for~rd copies of the cormunications to the City Auditor for his information and guidance. SCHOOLS: A resolution from the Ruff Lane PTA, advising that the Association ~'ishes to go on record as being strongly opposed to and will resist any effort to consolidate and/or combine Jefferson Bigh School and '~;illiam Fleming High School into one Central Senior High School at S.hrtne Hill or in any other section of the city, and also advising that serious consideration should be given to the purchase of Roundhill as a site for a future senior high school for the City of Roanoke, was before Council. On motion of Mr. Hanes, seconded by Mr. Young and unani.~ously adopted, the matter was taken under advisement. HEALTH DEPARTI~NT: A communication from Mr. Roy K. Broom, Clerk of Courts of Roanoke County, advising that the Board of Supervisors of Roanoke County has ordered that Ray F. Hough~ Furr~m ~,,~itescarver, !.f.E. Cundfff and Paul B. Matthews, County Executive Officer, be appointed as a committee to work in conjunction with the co=~uittee appointed by the City of Roanoke for the purpose of studying the feasibility of establishing a combined Department of Health to serve both the City and the Co~muty of Roanoke, ~s before Council. The co~uunication was filed. WATER DEPART~,~NT: A petition signed by thirty-eight citizens, requesting that the ~-~ter main be extended from Hollins Road, N. E., to serve ~.filkes Road and Sand Road, N. E., and that fire hydrants be installed, ~as before Council. On notion of Mr. Young, seconded by Mr. :..'aldrop and unanimously adopted, the request was referred to the City Hanager for lnvestigatfon and report back to Counc! STADI[]~: A communication from ~,[r. N. b'. Kelley, President, Blue Ridge Counc~ CO0, Boy Scouts of America, requesting that the Blue Ridge Council of Boy Scouts be permitted to use ¥1ctory Stadiu.q in connection with their Camp-O-Roe and show wh~ is scheduled for May 7~ 8 and 9 of this year without paying the percentage charge set forth In Section 14 of Ordinance b'Oo 11823~ adopted l{ay 25, 19S3, ~s before Councll. After a lengthy discussion of the request, Council belng of the opinlon that the Stadium should be made available to the scouts as reasonably as possible, Mr. Woody moved tb~t the President, Mr. lfebter~ appoint a co=~Ittee to study the m~tter and discuss the request with the .~tadl%u~ Advisory Cor.~ittee and to report back with~ two weeks with recom~endatlon to Councll. The motion ~,as seconded by Hr. Hanes and unanimously adopted; whereupon, IM. ~:ebber designated Mr. :foody, the City ~ianager a~ tho City Attorney as a committee to look into the matter. REPORTS OF OFFICERS: COL'PLAINTS: Council having previously referred to the City l:anacer for investigation, study and report, a request that future Soap Box Derby Races be run on a street other than Crystal Spring Avenue, S. :~:., he submitted the following report: "Roanoke, Virginia February 2S, !951 To The City Council Roanok% Virginia Members of Council: At our meeting on July iS, 1953, you referred to ne a petition from citizens living on Crystal Spring Avenue, S. ~., requesting that some other street be used in the future for Soap Box Derby Races. I ~ould llke to present to you the following correspondence concerning the Soap Box Derby: 1. An early survey ~.~ade by the promoters of the Soap Box Derby. 2. A subsequent letter of January 26, addressed to me by :Ir. Jo}uu Kelley, Chairman of the Derby. ~. A letter of February 1E from ~. Kelley concerning the petitioners and the pertinent information gathered. 4. A letter from ~. Robert Runter in ~zhich he cites that in Chapter24 Section 11 authority is granted the City ~lanager to permit the use of City streets for such purposes as requested in this petition. Apparently the Soap Box Derby must be at this site in 19~ or non,here. Due to the element of time and the lack of other areas, it appears impossihl that we can have any alternate plans. Pending the disposition of this by City Council, this office has no alternate but to pernit the continuation of the Derby, unless City Council by resolution or proper ordinance amendn~ discontinues this practice. Respectfully submitted, (Signed) Arthur S. Owens City Manager" In this co~uection, Hr. John Kelley, Derby Director, Roanoke Optimist Club, and I~. Barton ~. Morris, Jr., Promotion Manager of the Roanoke Times and appeared before Council and urged that the use of Crystal Spring Avenue for the be granted, Mr. Kelley explaining that all complaints have been directed at specta- tors and not at the derby contestants themselves, and advising that derby officials have no control over the spectators, but that under a revised plan to be used this year efforts are being made to control the visitors and that it is hoped to keep spectators in the vicinity of the fire station and a%~y from the homes. !~. Horris advised Council that a group of individuals, including city representatives, has made tours of the city in an effort to find another location, but had found none that meets derby specifications, ~{r. Morris stating that the sponsors are sympathetic with the residents in their complaints but that permission ,'195 ch 'i 96 is being asked for use of this street for tkis year's races because the project is ~onsidered so worthwhile. Also in this connection, Kr. %7. W. Tinsley, one of the objectors living on :rystal Spring Avenue, appeared before Council and advised that he and many others living on the street object to the races, stating, however, that he would not object to this year's event if assured that an effort will be made to change the location for ~uture races. After a further discussion of the matter, rM. tMody moved that Council conct 'ud b in the report of the City Mmnager with the understanding that some definite s: y made to remove future races to another location. The motion ~s seconded by Mr. ~.~ldrop and unanimously adopted, a e STREET IMPROV~--2~TS: Council having previouslyreferred to the City lien g r for study, report and reco~zendation, a request that Rutgers Street, IT. ~., be paved he submitted the following report: "Roanoke, Virginia February 23, 1954 To The City Council Roanoke, Virginia Members of Council: You referred to ne at your meeting on February 15, 1954, your File S14, a letter from ~.~s. Roy J. Fellers concerning the paving of Rutgers Street. This is a new street in a new development~ and we hardly ever do %.~rk on new streets the first year~ as the ground must pack and rock must be placed on the street before ~e can eventually pave it. I have conferred ~ith the Director of Public ~orks, who advises me that this street w~ll, in all probabilities, be paved this year, possibly late in the sur~uer. Respectfully submitted, (Signed) Arthur S. Owens City Manager" On moticn of I~. Hanes, seconded by I~. young and unanimously adopted, the report of the City ~anager %~e concurred in. POLICE DEPAR~XT: The City Manager submitted t~m followiug report in comuection with his study to prevent recurrences of cases similar to that of Dr. Uilliam I. Bartlett who died in a hospital of a cerebral hemorrhage the day after he had been held by police for several hours on a ~arge of driving while under the influence of intoxicants: "Roanoke, Virginia February 23, 1954 To The City Council Roanoke, Virginia Members of Council: Although you did not officially refer to me the question of the use of the Drunkoneter, I feel that it is a departure from normal practice and therefore I should be guided by Council's advice as to whether to start such a procedure in the City of Roanoke. As you ~.o~, on December 7, 1952, ~e had the unfortunate incident of Dr. Rartlett's being detained in our Police Department and erroneously assu~ed that he .~ms inebriated. Since that tine there has been a great mnount of research and study made by my office, not only as to %~hat other cities in the State do, but by correspondence and public meetings with doctors, lathers, and representatives of the State in an attempt to find a method to protect the innocent in the future. I would, therefore, recommend the following: (1) The installation and use of the Drunkometer at a cost of approximately $250.00. (2) The trainl~ of six or more police officers in RicP~nond, Virginia. (3) A card index at Police Headquarters of persons suffering from diabetes, heart disease, low blood pressure, and epilepsy, properly certified by a physician. Ire ~ould resurvey these semi-annually so they %.ould be current. Obviously, this ~uld be entirely on the person's o%m volition, as we could not invade theiz private rights. (4) Take all doubtful cases to the hospital as we have al%m done. (5) Rotate the use of the four hospitals on a monthly basis in order tbmt there will be no direct burden on any one of them. I feel this will minimize the chance of error in the future. However: I am desirous of going on public record~ and carmot emphasize too emphatica~ that this is no panacea for all the ills and that there may be a recurrence of a similar incident at a future date. I am advised by medical experts that perfection is impossible. Respectfully su~,rdt ted, (Signed) Arthur S. O~ens City Hanager" After a lengthy discussion of the report and reco=~.endations, ltr. Hanes move that council concur in the reco..~uendatiormof the City Manager and offered the follo~ ing Ordinance appropriating $250.00 for the purchase of a Drunkometer: (~12061) AN ORDINANCE to amend and reordain Section #idS, "Departmental Equipment and Improvements", of the 1924 Appropriation Ordlnance~ and providing for (For full text of Ordinance, see Ordinance Book No. 20, Page 114.) Mr. Banes moved the adoption of the Ordinance. The r. otion ",,~s seconded by ~.~. '~:aldrop and adopted by the following vote: A'~ES: Council members Hanes, Minton, Pickett, Valdrop, Uoody, Young, and the President, ~.~r. Webber ............. 7. NAYS: None .................... O. SID~:;ALK~ C~B A!~D GUTTF~R CONSTRUCTIONS: Coun~! having previously held in abeyance action on a report of the City h~3nager that the Shenandoah Life Insurance Third Street, S. ~:., for street ~.~idening purposes in exchange for slde%~ulk, curb and gutter~ and the City l..~anager having been instructed to a-~certain if this offer ~ill provide for a uniform curb line up to the Oakey Funeral Hone property and the ex~ct properties involved, he advised that land lying het%.~een the property of the Shenandoah Life Insurance Company and the Oakey Funeral Hone property is o%~ed by the Lewis Gale Hospit~l and that they x.~ill donate land for ~idening of the street exchange for sdde%.mlk, curb and gutter, the total cost of the project being approxf. mately $1 ~CO0.O0. !4r. '~'~aldrop moved that the ~tter be referred to the City Attorney for seconded by ]~r. Hanes and unanimously adopted. It appearing tha~ action having been deferred on a report of the City Manager submitted at the last regular meeting of Council, which report advised that Street, have agreed to donate property for the ~,idening of Salem Avenue in exchange for side%~tk~ curb and gutter and that the total cost to the city %~ould be approxi- materly $3,280.80, the City ~.~nager again called attention to the matter. In this connection, it x~'as suggested that further consideration be given this offer later during this year since the city is operating on z close budget and that the City Hanager revie~ the status of sfde~lk, curb and gutter monies late this fall. Mr. ~Joody moved that in the meantime the ~tter be referred to the budget study file. The notion ~s seconded by ~r. Minton and unanimously adopted. CITY PHYSICIAN: The City Manager submitted written report from the City Physician for the month of January, 1OS~, showing 6G~ office calls and 70S prescrlp. tions filled, as compared ~.~tth 7~S office calls and ~79 prescriptions filled for th~ month of January, I~SB. T~ne report ~s filed. 197 1,98 DEPARTMENT OF PUBLIC %.~LFARE~ The City 2.Mnager submitted wrl(ten report the Department of Public Welfare.covering the expenditures and activities of the department during the months of Dece~ber~ 1953~ and January, 1954, in compliance with Sections 03-67.1 and 63-67.2, Code of Virginia. The reports were filed. BRIDGES: The City IJ~nager having been requested to ascertain the cost of widening the present Tenth Street Bridge approximately eight to ten feet~ he sub.nit' the following report: "Roanoke~ Virginia February 23, 1984 To The City Council Roanoke, Virginia ~lembers of Council: You referred to me for further investigation a request of Mr. John %~ldrop, a member of Council, to ascertain the actual cost of widening Tent! Street Bridge approxirmtely eight to ten feet. ~ have had an estimate made of the existing bridge and ho~.z much it ~ould cost to widen it from seventeen to twenty-four feet in order to alloy for reasonably adequate driving lanes and a pedestrian %~lk. To provide such %~idening ~ould cost approximately $140,000.00. Respectfully subr~tted, (Signed) Arthur S. ~..:ens City Manager" On notion of Mr. ~hldrop, seconded by Hrs. Pickett and unanimously adopted, the n~tter was referred to the 1980 budget study file. STATE HIGiE~YS !~THIH CITY LIHITS-STREE? VIDE~II~G: Council havlng heretofor~ adop%ed Resolution No. llgSO, relating to the acquisition of certain properties necessary for the %~idenlng and improvement of Hershberger Road, I~. ~., the City Manager presented the following report: "Roanoke, Virginia February 23, lOS4 To The City Council Roanoke, Virginia Members of Council: I x.:ouldappreciate the adoption of the following Ordinance authorizing ~n offer to he made to Gregory L. Smith for a certain strip of land needed for the ~idening of Hershbercer Road. Respectfully submitted, (Signed) Arthur S. Owens City ~nager" After a discussion of the matter, ~. young offered the following emergency Ordinance as prepared by the City Attorney: (~12002) AN ORDINA~CE relating to the acquisition of certain property necessary for the widening and improvement of Hershberger Road, N. ~.; and for an e~ergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 118.) ~. Young nowd the adoption of the Ordinance. The ~otion ~s seconded by !~. Hanes and adopted by the follo~ing vote: AYES: Council members Hanes, Hinton, Pickett, Waldrop~ ~ody, Young, and ;.~. %Yebber ........... 7. NAYS: Hone .............. O. In this connection, the City ~anager sub~itted the following report in ~onnection with the acquisition of property fro~ Mrs. Bonnie Lee Sharpe: "Roanoke ~ Virginia February 23, To The City Council Roanoke ~ Virgin/a ]fembers of Council: I would appreciate the adoption of the following ordinance authorizing an offer to be made to lMs. Bonnie Lee Shsrpe for a certain strip of land needed for the widening of Hershberger Road. Respect£ully submit ted ~ (Signed} Arthur S. Clty ].~nag er" After a discussion of the matter~ Mr. ~':oody offered the follcwing energency !rdlnance as prepared by the City Attorney: (#12003) AN ORDINANCE relating to the acquisition of certain property neces~ for 'the %,idening and improvement of Hershberger Road, N. ~f.; and p~ovidin[ for an emergency. (For full text of Ordinance~ see Ordinance Book No. 20, Page !16.) Hr. Voody moved the adoption of the Ordin~nce. The notion ~..~s seconded by l.[r. ~,faldrop and adopted by the following vote: A~: Co~cll members I!anes, Hinton, Pickett, Vatdrop, ~:oody, Young, and th{ President, ~r. ~'febber ............... 7. HAYS: None .................. O. S~S: The City ]lanager submitted the followinc report in cor=~ection x~ith p~oposed set:er projects in the tdle~.~ild section and the East Gate section: "Roanoke, Virginia February 2~, 19~ To The City Co~cil Roanoke, Virg~nia ~iembers of Co~cil: ~ln~ our Budget study, I brought to your attention the need for further development of sea*ers in the Idle~.~ild section near Glade Creel:. I have had the Enzineerfns Department ~ke t~o separate p~ojects, one at an esti~ted cost of some $10,102.00 and another that ~.:ould cost app~oxinatel2 $21,~7.00. In the Budget for this year is $~2~.~ fo~ sewers, of %~hich $20,000. ~s allocated for this area and $12,000.00 for no~nal set:ers. If Co~cil sees fit, ~:e can use the entire $s2,~0.00 for the sever project in this area, ~hich %*ould be a great benefit to the comm~ity, and the returns to the City for estimated sec.:er assessment would be approximate! $9,000.~. I have had it ardan:ed that ~,'e can do either one or both of these projects if Co~cil sees fit. Respect~lly submitted, (Signed) Arthur S. City ~[anager" In this co~ection~ the City ~.~nafer then presented the following com. n~ica. tion from the Assistant City EnEfneer: "DA~: February 17, 19~ TO: IM. A. S. ~:ens, City ~OH: ].M.R.E. Pillow, Asst. City Enzineer RE: Sanitary Set, er Projects - 19~ Ue are presentin~ you here%.ith proposed sanitary set'er projects No. 1 and No. 2 - 19~ for yo~ study and presentation to Co~cil. Sanitary Sea-er ~oject No. 1 comprising two short lines as extensions of existing sanitary set'er ~fns %,ill serve fifteen residences and twenty-t~ lots. The proposed facility %.~ill pick up lines no~ emptying into Glade Creek and will clean up Glade Creek on the City's side. ~e cost of project is esti~ted at $10~102.~, and assessments are expected to b~in~ a ret~n of $1,7~.~ to the City. 199: ~ry 200' East Gate Sanitary Sewer Project No. 2, 1954~ will serve nineteen residences sixteen of which, at the present timet have outhouses. This facility will serve 114 lots and can be extended in the future to open a good many low- class building lots. This project Is estimated to cost $21,067.00, with assesi~ents returning $7~370.00 to the City. $;e should like to discuss these projects further with you. ~fe are prepared at any time to furnish the City Clerk with a description of the areas in this project. (Sl~.ned) R. E. Pillow Asst. City Enzineer Approved:(Si~ned) Jno. L. 1,:ent%,orth Director of Public %:orks" In a discussion of the proposals, Council %~s of the opinion that Project ~:o. 1 should ~e considered at this time; whereupon, ltr. Young moved that the matter te referred to the City Attorney for preparation of proper Besolutlon creating a cor.~lttee before %,hom abutting land etchers ~my be heard in favor of or against the proposed construction of sewers in Project I;o. 1~ and that action on Project ~;o. be tabled. The notion %ms seconded ~y ,'ir. t!anes and unanimously adopted. REPORTS OF CO:.E[IT~EES.· None. UNFINISHED BUSlNv~S: Irene. CONSIDBRATION OF CLAI~: None. INTRODUC?ION ;22D CO:TSID~ATION OF ORDIIIA~;CES AIID RESOLU?IO:~S: STADI%~:-,"fd~.q~ FIELD: The City Attorney having been requested to pre,are an Ordinance amendin~ Ordinance I;o. l12~S to provide for ne%*: rates to be charged for amateur and semi-professional baseball, he presented same; %,~hereupon, ~!r. I,!lnton offered the follo%~ing as an emergency measure: (~120,S4) AN ORDINAl:CE to amend and reordain Sections !, ~, ~, 4 and 19~ of ABTICLE I, of the Hunicipal Stadlzun Athletic Field Rental Ordinance; and providing (For full text of Ordinance, see Ordinance Boo!: !lo. 20, Page 117. ] lir. l!fnton moved the adoption of the Ordinance. The motion ~s seconded by !.mr. Young and adopted by the following vote: A1~S: Council members Hanes, !~inton, Pickett, Ualdrop, :'reedy, Young, and th! President, ~ir. ~:ebber ............... 7. NAYS: L*one .................. O. GRADE CROSSINGS: The City Clerk brought to the attention of Council three Ordinances as prepared by the City Attorney, authorizing and directing that conde.-ma tion proceedings be instituted to acquire certain lands needed in connection the construction of the Jefferson Street Grade Crossln~ Elimination Viaduct and ProJsct; whereupon, 1.ir. Youn~ offered the follo%~fng emergency Ordinance %.:!th referen to the acquisition of certain real estate described as Official Tax ~;o. ~012~°03, of record in the name of The Helrs at Law of George ~.f. ~'.'rlzht, deceased.- (#!~065) Al: ORDI!fANCE authorizing and directin~ that condemnation proceedlnl be instituted to acquire, for and on behalf of the City of Roanoke, the unsncu.n. 2ered fee simple title to certain real' estate situated in the City of'Roanoke, on the east side of Ccm~on;:ealth Avenue, N. E. ~ and extending in an easterly direction to the ~:esterly side of Second Street, !;. E., formerly Hell!day Street, (being Official Tax Serial Lot No. 2012903) to be used, in part, as a right of %-ay for the Jefferson Street Grade Crossing Elimination Viaduct and Project; and providing for an e-ner£enc (For full text of Ordinance, see Ordinance Book No. 20, Page 118.) ly Mw. Young moved the adoption of the Ordinance. The motion ~s seconded by Mr. :-.%ldrop and adopted by the following vote: AYES: Council nembers Hanes~ Minton, Pickett, %~aldrop, Woody, Young: and thc President~ Hr. Webber .............. 7. NAYS: None ................. O. In this connecticn~ l~r. Hanes offered the following energency Ordinance w~lt! reference to the acquisition of certain real estate described as Official Tax No. 4010217: of record in the n~ue of Hernan and Samuel A. Trompeter: (~120~G) AN ORDINAECE authorizing a~ directing that condennatlon proceedin~ be instituted to acqulre~ for and on behalf of the City of Roanoke, the ~uuenc~ubere~ fee simple title to certain real estate situated in the City of Roanoke, on the nor~ ~:est corner of Se!eh Avenue and Second Street, S. E., and extending in a northerly direction to Norfolk Avenue, S. E., (being Official Tax Serial Lot No. ~010~!7) n portion thereof to he used as a right of ~y for the Jefferson Street Grade Crossl~ Elinination Viaduct and project and the residue thereof to be used to provide off- street notor vehicle parking focilities; and providing for an ensrgency. (For full text of Ordinance, see Ordinance Book go. 20, Page 120.) Mr. Hanes noved the adoption of the Ordin~nce. The notion ~s seconded by ~r. ~lnton and adopted by the follow~ng vote: AYES: Council nenhers Hanes, Lqnton, Pickett, Valdrop, "oody, Young, and the Presldent~ ~!r. ',~ehber ............. 7. t:AYS: ~:one .................... O. Also in this connection, !,!r. Young offered t~-le follo%~ing energency Ordinanc~ %!lth reference to the acquisition of certain real estate described as Official Tax ~io. 2012901, of record in the name of Katie Foy, u~%rried~ in her o~nu right and as Executrix and/or Trustee under the :~ftl of Patrick Foy~ deceased, et al: (f12067) Al: ORDI~A!~CE authorizing and directing that condermation oroceedin~ he instituted to acquire~ for and on behalf of the City of Roanoke~ the unenc~ubere~ fee slnple title to certain real estate situated in the City of Roanoke, at the ape~ forned by the intersection of the east line Of Co~uonwealth Avenue, ~'~. E., %'ith the west llne Of Second Street, ~:. E., (fornerly Holliday Street) and north of Lot 8, Map of Scott & Wright (being Official Tax Serial Lot .~;o. ~012901) to be used es a right of %~y for the Jefferson Street Grade Crossing Elinination Viaduct and Projec and providing for an emergency. (For full text of Ordinance, see Ordinance Book ~:o. 20, Page 121.) ~r. Young noved the adoption of the Ordinance. The notion %.~s seconded by Mr. ~"aldrop and adopted by the following vote: AYES: Council nembers Hanes, Hinton, Pickett, '~"aldrop, !'oody, Young~ and th~ President, Mr. !,~ebher ........... 7. NAYS: None .............. O. MOTIONS AND MISCELLANEOUS BUSII:ESS: S~.~S-%,~ATER DEPART~.~{~T: Council having previously set February 23, 1954, a! the date to meet with the co.'%nlttee appointed to study the request of Mr. Carl A. Montgomery for permission to connect to the systems operated by the City of Roanoke sewer lines and water lines to be installed in a proposed subdivision designated as "Green%,ood Forest", the City Manager advised that two menbers of the co.~mittee are not present; x*hereupon~ Council agreed that they would meet %'ith the committee on March S, 1954~ at 7:30 o'clock, p. n. 202 SlDE~/ALK~ CLUB ~ND6UTTE~CONSTRL~TION: Councilman ~ldrop presented to the City Manager pictures covering street conditions on Princeton Circle, N, E., and asked that he check into the status of the petition previously presented by citi~en~ in the area requesting curb and gutter improvements for the street. The City ]~nager advised that he would look into the hatter a~ once. SIDEWALKS: ]-M. Minton called to the at{ention of Council and the City 1-~n~g( the need for a %21k~ray on the north side of Shenandoah Avenue~ No ~2., ~est of Slxte( Street~ and asked the City }~nnger to check into the possibility of having a ~nlk~ cleared and graveled to protect the pedestrians ~ho no~ have to ~nlk in the street this point. The City Mana£er advised that he would look into the hatter. There teing no further tuslness, Council adjourned. APPROVED · Cl*rk X ~/t M President ~th CO~ClL, REGUI~ HEE?ING, Monday, March 1, 1954. The Councll of the City off Roanoke met in regular meeting in the Circuit Court Room in the Hunicipal Bullding~ Monday, March 1, 1054, at 2:00 otclock~ p. mo~ the regular meeting hour, with the President, Mr. Webber, presiding. PRESENT~ Council members Hanes, Minton, Plckett, Waldrop, Woody, Young, and the President, Hr° Webber ............. 7o ABSENT: Roue .................. O. OFFICERS PRESENT~ Mr. Arthur S. Owens, City Manager, Mr. Randolph G. ~lttl~ City Attorney, and Mr. Harry R. Yates, City Auditor. The meeting was opened with a prayer by Dr. Wade R. Bryant, Pastor of the First Baptist Church. HEARING OF CITIZENS UPON PUBLIC MATTERS~ STREETS AND ~LLEYS: Notice of a public hearing on the question of vacating, discontinuing and closing a 15-foot alley extending through Block 31, according to the Map of McDonald Addition, from the easterly end of Wise Avenue, S. E., to Twentl third Street, S. E., having been published in the Roanoke World-News, setting the time of the hearing at 2:00 o'clock, p. m., Monday, March 1, 195~, the matter was b~fore Council. ~n this comnection, Council having previously adopted a Resolution providin~ for the appointment of viewers to report on the matter, the City Clerk presented th~ followin g report of viewers: "February 25, 1054 Hon. Roy L. %~bber, Mayor Hon. Members of Roanoke City Council Gentlemen: As requested in your letter of February 1E, regarding closing a certai: alley at Wise Avenue and 2Srd St., S. E., under resolution nunber 12059, we the undersigned, have viewed the alley in question and it is our opinion that no inconvenience would result from discontinuing, closing, and vacating sat~ alley. Very truly yours, (Si~ned) C. Cecil Flora C. Cecil Flora (Signed~ T. Howard Boyer T. Howard Boyer (Signed) J. A. Turner No persons appearing in opposition to the closing of the alley and no communications having been received on the subject, Mr. Woedy moved that Council in the recommendation o£ the City Planning Commission that the alley be clos~ and that the matter he referred to the City Attorney for preparation of proper O~dinances closing and vacating the alley and, also, preparation of the proper to incorporate the land and four additional lots into the Fallon Park system recommended by the Planning Commission. The motion was seconded by Mr. Young unanimously adopted. Also in this connection, the City Clerk brought to the attention of Council bill from the viewers in the amount of $30.00 for services rendered in viewing the alley. On motion of Mr. Young, seconded by Mr. Hanes and unanimously adopted, the bill was approved and referred to the City Auditor for payment. 204. POLICE DEPARTMENTI Council h~ving continued until the present time the reque of Mr. Morton Honey~an~ Attorneyrepresenting the ¥1rginta Cigarette Service Corpora tion, that he ~e given an opportunity t~ discuss with the body the requirements of Section 31, Police Force~ of the City Cha~ter~ in view of the fact that a certain police officer has entered into the cigarette vendin~ machine business in his off- duty hours, the matter was again ~efore Council. In this connection, ~ro Ho~eyman appeared before Council and presented a prepared brief of facts in connection with the matter~ and advised that his client is not opposed to police officers having additional lncome~ but that they are oppose to them being engaged in a type of business which may create a dual interest or by the nature of the work create a conflict of lnterests~ stating that the police officer has placed several machines in establishments holding ABC Licenses and presented the following formal requests to CouncllI "(1) B. J. Webb~ police officer, whose loyalties~ duties and obligations are al~ys first to the Police Department~ be restrained from engaging in the vending machine business or any other business which his positic as a police officer~ either directly or lndirectly~ gives him an advant other citizens or taxpayers of the City of Roanoke. (2) That all members of the Police Department~ whose loyalties~ duties and obligations are always first to the Police Department~ be restrained from engaging in the vending machine business or any other business which his position as a police officer~ either directly or lndirectly~! gives him an advantage over other citizens or taxpayers of the City Roanoke, Virginia. (S) That a proper ordinance be enacted prohibiting members of the Police Department, whose loyalties, duties, and obligations are always first to the Police Department, being engaged in the vending machine business or any other business which his position as a police officer, either directly or indirectly, gives him an advantage over other citizens or taxpayers of the City of Roanoke. (4) That a proper police regulation be enacted covering this factual situation only. (5) That City Council properly instruct the City Manager and the Superin- tendent of Police accordingly. Respectfully, (Signed) Morton Honeyman Morton Honey~an 411-414 Shenandoah Building Roanoke, Virginia Attorney for Virginia Cigarette Also in this connection~ Mr. W. Hooker Harbour and rM. L. E. Hurt, Jr., Attorneys representing the police officer, ~w. B. J. Webb~ appeared before Council and asked that the body sustain the City Ymnager in his action that as long as Mr. Webb's outside work in no way interferes with his duties as a member of the Police Department he ~ay continue the operation of his existing business, stating that the matter is strictly administrative and pointing out that at least ten other lnterest~ operate cigarette vending machines in Roanoke and that none have voiced any obJectl~ to the activities of Mr. Webb. Mr. Hurt pointed out the constitutional guarantees of man's right to work and stated that there have been no accusations made that Mr. Webb has used the machines to his peculiar advantage over anyone else. With further reference to the matter, the City Clerk called to the attentio of Council a letter from Mr. Roneyman stating that it was his understanding at the Council meeting of February 23, 1954, that the City Manager agreed to have removed two additional machines which had been placed in operation by Mr. Webb, advising~ however, that the machines have not been removed. Council being advised by Mr. Hurt that the machines have now been removed, the communication ~s filed. After a lengthy discussion of the matter, the City Manager reviewing the rules and re~atlatlons of the Police Department as they pertain to officers working in off-duty hours, Mrs. Pickett advised that.she would like to have more time to consider the matter before Council makes a decision on the request and moved that Councll take the matter under advisement. The motion was aeconded by Mr. Young !and unanimously adopted. WELFARE DEPARTHENTi Mrs. Ora Johnson appeared before Council and presented a statement from her doctor~ advising that she is unable to work at any employment and that her condition will become progressively worse given some emergency relief through the Welfare Department. In this connection, Mr. John H. Fallwell, Director of Public Welfare, appeared before Council and explained that Mrs. Johnson has filed an application through the local Welfare Department for assistance and that her request has been forwarded to the State Welfare Department~ but that the State Bevlew Team has rep?tied that Mrs. Johnson is ineligible from a medical standpoint for assistance, Mr. Fallwell advising that the local Welfare Department cannot do anything in view of this report and that Hrs. Johnson should perfect an appeal to the Appeal Board the State Welfare Department. Mrs. Jo~mson advised Council that she has already perfected her appeal but that she needs immediate assistance and help now. After a discussion of the matter, Mr. Hanes moved that Hrs. Johnson's request be referred to the State Welfare Department and to the local Welfare Department for~ their consideration. The motion was seconded by Mr. Woody and unanimously adopted.~ PETITIONS AND COfggJNICATIONSI STORM DRAINS~ Communications from Mr. E. W. Dllcher, 2910 Forest Hill Avenue' N. W., and Mr. T. H. Oyler, 2914 Forest Hill Avenue, N. W., requesting that the drainage problem existing between their houses be investigated and that some measur~ be taken to relieve the condition, were before Council. On motion of Mr. Minton, seconded by Mr. Hanes and unanimously adopted, the requests were referred to the City Manager for investigation and report. SIGNS-SIDEWALKS: A communication from Mr. F. A. Bostian, Chairman, Roanoke Shoe Retailers Association, requesting permission to put signs reading "Hew In Shoes for Spring" on sidewalks in front of participating stores in connection with a spri shoe promotion program to be launched the week of March 7, 19S4, was before Councll.~ In a discussion of the request, the City Manager advised that since the new Sign Ordinance %~s adopted a policy has been established denying requests of this type. On motion of Mr. Young, seconded by Mr. Minton and unanimously adopted, the request was denied. STORM DRAINS~ The following communication in connection with the proposed drilling of wells by the City of Roanoke in the Wllllamson Road area to dispose of storm and surface waters, was before Council: "February 23, 1954 Arthur S. Uwens, Clty Manager and City Council of the City of Roanoke Roanoke, Virginia Gentlemen: We, P. C. Huff, Boy C. Kinsey, L. J. Boxleyand T. J. Andrews~ own land or interests in land and have rather extensive dairying ar~ cattle 205 206· interests in,hat is known as the Wlllia~son Road area of Roanoke City and Roanoke county. Po Co Huff o~ns a far~ of approximately 300 acres in the City of and operates and ~aintains a dairy herd of about 90 cows on it° The Roy C. Kinsey farm and the Andrews and Boxley properties are located nearby Roanoke County and adjoin or are near the City limits° Roy Co Klnsey's contains approximately 142 acres, and on it he maintains a dairy and da herd of ~5 covs~ and also approximately the sa~e number of calves and young heifers. T. J. Andrews and members of his fa~ly o~n the 6reendale Farns approximately 450 acres and operate a dairy thereon ~rlth a dairy herd of some 82 cows. The Boxley farm is o~raed by Lo Jo Boxley and members of his family and contains approximately 300 acres. They do not operate a dairy but keep a herd of some 75 beef cattle on it. On each of these farms there are ~ells used in the operation of these properties, and on the fluff and Boxley far~s there are large springs also used to furnish ~ater. We are advised that the City of Roanoke .contemplates the drilling of numerous wells in the Wlllia~zon Road area of the City. to be used for the disposal of storm and other surface ~raters, and that already the City has advertised for bids for the digging of four such wlls. We are as to the effect these wells may have on our water supplies, and by commnication we wish to put you on notice that if the flow of our wells or springs is in any wise diminished or adversely affected, or if they are polluted, by the digging or use of the disposal wells, we will suffer heavy damages, and we shall expect the City of Roanoke to protect us and our families from and bear any losses which may be occasioned thereby. For the operation of these farms and dairies, we must have continued uninterrupted supplies of pure ~ater, and we feel that if the City of desires to proceed with this experimentation program, it should give to us and our f~milies proper ~ritten assurances that in the event our are in any wise adversely affected by such experimentation, the City will furnish and deliver to us at our premises adequate ~uter for our purposes (in amounts and for periods to ~e mutually agreed upon) on the basis of the present cost of our ~ater to us, that is, the equivalent of our present p~plng costs. We shall appreciate it very much if you will give this matter your attention and let us hear from you. A copy of this letter is being sent to each of the members of Council. Very truly yours, (Signed) P. C. Huff (Signed) Roy C. Kinsey (Signed) L. J. Boxley (Signed) T. J. Andrews" In a discussion of the matter, the City Manager advised that he has already answered the communication and assured the wrlters that they will be kept informed of progress in the city plans for use of such drainage wells, and that he feels they are u~.necessarily alarmed, again pointing out that in the report of Dr. Byron N. Cooper, Geologist, the city has been assured that there wl~be no danger in channeling of storm waters lnto the earth. In this connection, Mr. Young stated that underground streams are so it would be unlikely that the city would tap onto any stream serving the wells or springs on the properties and advised that dye can be used in the drainage water the purpose of tracing the water from drainage shafts. After a further discussion of the matter, Mr. Young moved that the letter filed. The motion was seconded by Mr. Hanes and unanimously adopted. SCHOOLS: Copies of Resolutions from the Oakland Parent-Teacher Association and the Wtlltamson Road Woman's Club, advising that they wish to go on record as being strongly opposed to and will resist any effort to consolidate and/or combine Jefferson Senior High School and William Fleming High School into one Central Senio High School at Shrine Hill or in any other section of the city, was before Council On motion of Mr. Woody, seconded by Mr. Minton and unanimously adopted, the matter was taken under advisement. STREETS AND ALLEYS: The following communication from Woods, Rogers, Muse am Walker, Attorneys for The Chesapeake and Potomac Telephone Company of Virginia, proposing that a new alley line be established at the rear of the Chesapeake and Potomac Telephone Company, was before Councils #February 26, 1954 To The Hayer and Council of the City of Roanoke Roanoke, Virginia oentlemenl The Chesapeake & Potomac Telephone Company of ¥1rginia is the owner of property fronting on Third Street, S. We, extending from the southeast corner of Third and Luck Avenue southwardly 213 feet. The property runs back to an alley running in a north-south direction from Franklin Road to Luck Avenue. On the northerly portion of this property, the telephone company has its Roanoke Office and Exchange. The balance of the property i: now used for a parking lot but the ~uture development of the property by th~ company is expected to result in a building over the entire lot subject, of course, to the setback line on Third Street, So We Due to surveying errors, encroachments by other property owners on the alley and other factors, the west line of the alley in question can not be accurately determined on the ground° As now fenced, there is an angle in the west line of the alley which would prevent the economical utilization el the lot for building purposes. The matter has ~een fully discussed with the City Engineer and the Clt Planning Engineer and they are of the opinion that it would be to the best interest of the city, as veil as the telephone company, to establish a straight line as the west line of the alley Insofar as the telephone compan property abuts on the alley. In order to accomplish this purpose, we are authorized on behalf of the telephone company to make the following propose The west line of the alley should be established as the east wall line, of the existing building on the northerly portion of the telephone company'~ property as extended to intersection with the south property line of the telephone company extended. This wlii leave a narrow triangular strip 150 feet in length and approximately one foot wide at its widest point lying between the existing vest line of the alley and the proposed new line. The telephone company is willing to dedicate this land for alley purposes, sub- Ject to the right to continue to maintain the present concrete curbing, provided Council will vacate and close a portion of the alley lying to the south of the strip to be dedicated, which portion to be vacated, is approxi- mately sixty-two feet in length and two feet in width at its widest point. The vacation of this portion of the alley will in no way hinder the public use of the alley as it is presently paved and used. The telephone company will present to Council at its meetingm March 8, 1954, a petition in accordance with Section 1ff,-766 of the Code of Virginia, 1950, as anended, and request that viewers be appolntedm that date. In the meantime, it is suggested that Council refer the matter to the City Plannin~ Commission with the request that it report its recommendation at the March 8th meeting. Respectfully, Woods, ~ogers, Muse & Walker, Attorneys for The Chesapeake & Potomac Telephone Company of Virginia By: (Signed) S. F. Parham, Jr." On motion of }tr. Waldrop, seconded by Hr. Hanes and unanimously adopted, the request was referred to the City Planning Commission for study, report and recom- mendation at its earlies~ convenience. REPORTS OF OFFICIOS: STOP~i DP~INS~ The City ~anager submitted the following report in connection with the bid received for drilling of four storm water disposal wells in the Willis= son Road area: "Roanoke, Virginia March 1, 195i To The City Council Roanoke, Virginia Members of Council: The following letter from the City Engineer and the Director of Public Works is concurred in by me, with the additional recommendation: That we limit the increase to twenty-five per cent of the $6,492.92 er a total of $8,116.15: 207 ~DA~RI Febl~ary ~.5s 1954. · ~e ~e su~i~ herevl~h ~ eo~y o~ ~he one b~d received In This bid by Hontgo~ery ~llll~ Co., off C~lstla~g, Virgl~a~ over* r~ ~ esthete of the costi ~ thus~ exce~ed the $5t~.~ ~1ng it necessary for City C~cll to co~lder a~ decide ~ether co a~rd the contract. ~s depar~ent ~d reco~e~ accept~ce off the bid receiv~ from Hontgomery Drllll~ Co.~ alter~te for 12~ size holes~ at a bid price of $6~492.~ on a~it cost ~sis. It ~ght ~wll to point out t~t on t~s particular project the depth of the overlyl~ soil Is ~pre- dictable, and It Is very possible t~t this factor ~y cause the ~er- all cost for these four yells to exceed the bid price. (SIEned~ H. C. Bro~les City ~ineer Approved~ (Sl~n~) Jno. L. ~entvorth Director of ~blic ~orks~ Respect~lly su~tted, (Sl~ned) Arthur S. ~ens City--get~ In a discussion of the ~tter~ the City ~er advised t~t he feels the figure on the one bid received Is too high~ statin~ t~t it Ms ~en estl~ted that the cost of st~ing sh~fts ~d lnstalll~ il-inch c~sl~s ~uld not exceed and suggested t~t the bid ~ reject~ and t~t he ~ given authority to readvertisf For bids on the project. After a ~ther discu~sion of the ~tter, ~. ~o~y moved t~t the ~tter referred to the City Attorney for preparation of the proper ~esolution rejecting the one bid su~tted and avthort~in~ the City Hazier to readvertise for bids on the project. ~e motion vas seconded by ~. Yo~ and ~nl~ously adoptS. In this co~ection~ it vas s~gested tMt the City ~ger su~It the advertiseaent for bids to all per~on~ and flr~ listed in the local classified directory vho do this type of~rk a~ to any other parties vho ~y ~ interested blddin~. AIBPO~TI The City }~ger su~ltted ~ttten report, to~ether vith the follo~ lng co~ic~tion from the Airport Hazier vith reference to the gasoline contract ~tveen the city and Piedmont Airlin~s: ~DA~ Febr~ry 18~ TO~ Arth~ ~. ~ns, City ~OH~ H. L. H~rris~ Airport Ple~ont Airlines ~ve notiffl~d us by the ffollovin~ letter of their inten- tions to c~cel their ~asoline service contract vith the City ~less a duction is ~de In the servicin~ ratesl ~Febr~ry 17~ Airport ~o~r~ Field Boanoke, Virginia ~ar For a n~ber of years~ the City of Bo~oke ~s dispensed gasoline oil into Piedmont's aircrafft at ~o~r~ Field. ~ov[h ~rch 31~ the c~r[es paid. for this service vere ~sed upon tvo cents per for gasoline a~ 30 cents per gallon for oil. Since April 1~ 19~2~ th~ c~rges ~ve ~en ~sed upon t~ee cents per gallon up to lO~ ~allo~ per month~ a~ ~o cents per gallon over 20~ 6allo~ per month~ 25 cents per [~llon for oil. As indicated by the follo~ln~ tabulation, t~e voltme of gasoline and oil used by Piedmont during the past three years has steadily lncreasel This increase ih volume combined vith the higher rate paid since April 1, 1952, has resulted in a substantial increase in the payments Pledmol has ~ade for this service. Gallons Gallons GaSoline 011 Char~es 1951 190~363 340 $ 3~909o~6 1952 318~054 3~053 9~395°46 1953 3611101 41955 10~863,01 ~e have ~ade a caret'ul analysis of our gas and oil servicing require- ments at Roanoke and find that ye ~ould handle our o~n gas and servlcir~ at Roanoke at a cost substantially less than the charges are nov payin~o In accordance vith our conversation of February 12~ 195411 an requestin~ that the City of Noanoke reduce its charges for this service, I hope that some mutually satisfactory adjustment tn these charges can be vorked out in the near future~ and vould appreciate an opportunity to discuss the ~atter ~ith you in more detail. In the event no agree- ~ent is reached on such a reduction~ this letter rill serve as notice of cancellation of the servicing agreement betveen Plechaont and the City of Roanoke~ effective 60 days froa todayt in accordance vith ~aragraph eight of that agreement, Very truly yours~ PIED~ON? AIRLINES (Signed) H, E. SaUndera H. K. Saunders Vice President-Operationst A recent check on our cost of operating and rates else~here~ reveals that the present contract rates are ~arginal and produce no abnormal profitst consequently a reduction appears impractical. If ye should lose Pledmontts servicing business~ this vould be additional argument toward our getting out of the gasoline business co=pletely and selecting a gasoline concessionaire. After considerationof this ~atter~ I suigest ye set an early date for a talk vith Piedmont tn an effort to curb their desire to do their o'ml ~asing and thus continue as is until ~e can have a better look into a complete change over vith all our clients. Please advise. (Signed) Harris~ After a discussion of the qnestion~ Hr. Young moved that the ~atter be referred to the City Nana[er to study the possible economies that ~ay be effected by the city in the dispensing of airlines-o~ned gasoline to liners at the Airport~ the City Hanager in the study to see if it is possible for the city to effect econo~ies that vould bring the costs vithin ~hat the Piedmont Airlines think it can do the servicing for and to determine vhat economies are possible from the standpol~ of labor payroll in the event the Piedmont Airlines gasoline service contract is suspended. The motion vas seconded by Hr. ~oody and unanimously adopted. GP~DE C~OSSINGS: The City Hanager sul~ltted co~anications from Hr, ~. Frank Smitht Urban Engineer~ State Department of High~rays~ and Hro'A. B, Stone~ C~ief En~lneer~ Norfolk and ~'estern Railway Company~ to~ether ~ith the follo~rln§ report in connection vith charges for additional ~ork done on the plans for the Jefferson Street Grade Crossing Eli~ination Viaduct and ProJect~ "Soanoke~ Virginia Hatch It 1954 To The City Council Hoanoke~ Virginia He~bers of Council: I a~ in receipt of a hill in the a~ount of $7~176.16 from Fay~ Spofford & Thorndike for additional ~ork on the viaduct project. The increase has been approved by Hr. ~. Frank Smith~ Urban En~ineer~ State l)epart~ent of Highways of ¥1rginia~ and by Hr, A, B. Stone~ Chief Engineert Norfolk and ~estern Rail~ray Company. I reco~end its payment. Respectfully subnitted~ (Signed) Arthur S. th~ens City Hanager" 209 In this connection, K~o youn8 explained that this additional cost will be sore than offset by savin~s resultin~ in the des~gn~ i~rticularly the location of the north abutment of the bridge, and moved that Council approve the bill for the additional work and that the matter be referred to the City Attorney for preperatlo: of the proper measure amendir~ the contract for Council's consideration at its next regular meeting. The motion ~as seconded by ~ro Xlnton and ',n'~ahimously adopted. BUI~E?-CITY FHYSICIAN:Council having appropriated $1,920.00 for pharmaceutl~ Professional Service in the 1954 Budset, the City Manager iukmtitted written report advtsin8 that a request has been made by ~r° Claude Wo Dlckerson, City Druggist, om behalf o£ I{ro Wo I. Beamer, Acting City Druggist, that the cost-of-livin~ salary increase be extended to cover Hr. Beamer*s services to the city. In a discussion of the request, Hr. Owens advised that Hr. Beamer is workin~ on a part time basis of approximately flour hours per day and that since the Pharmaceutical Service is on a contractual basis he and the City Auditor did not extend the salary increase to cover this service. After a further discussion, Hr. Waldrop moved that Council approve a $90°00 per year increase for the service and that the matter be referred to the City Attorr for preparation of the proper measure to increase the contract. The motion vas seconded by Hr. ltanes and unanimously adopted. TRAFFIC: Council havin~ previously directed the City ~anager to talk with representatives of the Central council PTA in connection with the need for a safety program in the vicinity of schools, he presented the following report for Councll*s information: "Roam~ke, Virginia March 1, 1954 To The City Council Roanoke, Virginia Members of Council: At our meeting on February 15, at the direction of Hrs. Mary Pickett, a member of Council, you directed that ! confer with P.T.A. members tovard a safer program for our school children. Superintendent Webb, Lieut. Harris of the Traffic Bureau, Sgt. Stevart of our School Boys Safety Patrol, Dr. Margaret Glendy, and several ladies representing the P.T.A. have met. We are now planning some improvements that were suggested in this meeting. Obviously~ ~e will follow this up and do everything possible to make the school areas constantly safer. Respectfully submitted, (Signed) Arthur S. Uwens City Manager" The report was filed. REPORTS: The City Manager submitted written reports from the Municipal Airport, the D~partment of Public Works and the Police Department for the month of January, 19~4. The reports were filed. CITY MANAGER: The City Manager submitted the following progress repor~ covering several matters which have been referred to him: "Roanoke, Virginia March i, 1954 To The City Council Roanoke, Virginia Members of Council: There are several matters you have referred to me which, due to either time or other commitments, I have not had a chance to complete. However~ I would like to advise you that progress is being made on the existing hasebal contract, a survey of the Junk yards, preparation.of a setback line map, and the vater contract of Mr. Corer. Every effort is being made to expedite these reports, I hope the majority of them ~111 have been reported within the next thirty days, Respectfully eulmit ted, (Signed) Arthur S. O~ens City Nanager" The report vas filed. BUILDINO IRSPEC?ORz The City Hanager su~ltted ~ritten report advising that he has appointed Hr. Lewis Go Leftwich as Building Inspector effective as o£ Harch 1, 1954. The report vas filed, COHPLAIRTS-GARBACE REHOVAL~ Council havlng heretofore referred to the City Hanager a request from citizens living in the vicinity o£ the local city dump in th~ Washington Park area that the City of Roanoke discontinue thc use of the open dump, for a complete investigation, including the possibility of using other locations or land fills in thc county~ to check with the Health Department as to the extent of ti health menace stemming from the dump, and to report hack to Council as soon as possiblet giving costs of remedying the condition or any method which ~my eliminate the use of the old quarry as a dumpt he submitted the following report for Councll'~ lnform~t ion: "Roanoke, Virginia March 1, 1954 To The City Council Roanoke, Virgtnla Members of Counctlz You referred to me at our meeting on September 28, 1953, a verbal . report to Council and a wrltten petition concerning the operation of a local city dump near Addison School. The Director of Public Works, the City Engineer, the Superintendent of Garbage and Refuse Collection, and the ~iter have visited Danville, South Boston, Richmond, and other Virgini cities in an attempt to find out their systems of handling refuse and try tc improve our system. Thought was given to the possibility of grinding garbage and placing it in our existing se~r system~ which plan has not been wholly abandoned. Further thought was given to land fills near the sewage disposal plant, but this necessitates the purchase of some $45,000 in equipment. We are not entirely satisfied this is the answer. Further thought was given to the possibility of a new incinerator at approximately $300,000. ¥!e are neither sold nor satisifed that this is the answer to our problem. We have improved the existing dump to the point that we now believe it is safe from the possibility of an accident to some child. We have con- stantly used land fill technics to keep the dump from being too offensive. There are several alternates which might be considered: (1) The construction of a large incinerator at a cost of approximately $900,000. I would not recommend this because I do not think it is the final answer. (2) The grinding of garbage in our sewage disposal plant. I think very favorably of this, but believe we shou/d study further a plan of collection, grlnding~ and grading before this is adopted. (3) Even the adoption of No. 2 would not eliminate paper cartons, paper boxes, ashes, crockeries, tin cans, and bottles, which must be disposed of in an orderly fashion. (4) The creation of a land fill in the City at a cost of some $45,000 or combination with the County and the towns of Salem and Vlnton toward community land fills. This is being studied by our departments now. I would recom~..end that we not adopt any large improvements this year, but rather consider some plan when we study the 1955 Budget. Respectfully submitted, (Signed) Arthur S. Owens City Manager" After a discussion of the matter, the report was filed. REPORTS OF CO~HITTEES: STADIUm: Council having referred the request of Mr. N. W. Kelley, President Blue Ridge Council of Boy Scouts of America, that the organization be permitted to use Victory Stadium in connection with their Canp-O-Ree and show which is scheduled for May ?, 8 and 9 of this year without paying the percentage charge as set out tn Section 14 of Article I of Ordinance No. 11828, to a committee for study, report and recommendation, the committee submitted the following report: 212 'Febrtmry 26, 1954 TO T~ECOUNCIL Oentlemen~ As directed at your ~eeti~ of ~esday, Feb~ry ~rd~ the ~ersig~d co~ttee ~et a~ care~lly co~ldered the request of N. ~. Kelley, ~eslael oF ~e Blue Ridge C~cil of the Boy Scouts of ~erica t~t t~t ~ ~r~tt~ to use the s~dl~ on Saturday Evenl~ ~y 8th~ 19~ for ~ne p~po$e of holdl~ a zho~, to atte~ ~lch a c~r~e of $1.~ for adults ~ for non-Scout children rill ~ ~de, vithout ~yl~ the rental c~rge provid~ In Section 14 of Article I of the ~ici~l Stadl~ a~ Athletic Field Rental Ordl~nce. At the re,est of yo~ co~ttee Hessrs. R. P. H~ter and C. E. ~dy~ of ~e Stadl~ Co~ttee~ atte~ ~e meetl~ ~ took ~rt in the discus- sions. ~ch ~em~r of yo~ co~ttee a~ each of the tvo ~nv~tees are genuinely s~pathetic~th the request ~de. Ro~ever~ yo~ co~lttee reliably i~ormed t~t prior to ~nimously recovering to the co~cil the adoption of the aforesaid ordl~nce, ~ especially Section 14 of ~ticle thereof~ the ~tadl~Co~lttee invited all ~o~ local promoters of such pr~uction$ as Is covered by the la$t~mention~ section, to ob~in their viers on the subject, and the decid~ ~Jor~ty of them ~red the S~di~ Co~ttee~s ~nimous opinion t~t Section 14 ~ho~d ~ applicable to all ~uch pr~uctions to ~ch a~ ad~ssion c~rge ~s ~de. Your co~lttee ~lieves t~t If Co~cil ~ker one exception to this ordi~nce that it receive n~ero~s requests from the promoters of other ~orth~hlle projects that ~lmllar exceptions ~ ~de. Y~ co~ttee, thereffore, reluctantly ~nimously recovers t~t the request ~ denied. Your cc~lttee feel~ t~t the use of the stadl~ for all ~orthvhlle activities should ~ encouraged. ~ It does not thl~ that the City shoul. undertake to ~ke a public property of such a ~ture self-supporting by imposing excessive c~rges for its ute. It feels t~t the indirect benefit received by the City a~ its citizen~ by capacity ute of the facility ~ovld ~ enormous. It could veil ~ t~t the prevailing rather high rental charge~ prevents such increased u~e. Your co~lttee~ therefore~ ~rther reco~s t~t Co~cil confider referri~ the entire ordl~nce to the Stadl~ Co~ttee vi~ the ~uggertion that ~t give con~ideration to reducin prevallin~ charges for all uses it feels should ~ enc~raged. Re~pect~lly ru~itted~ (Si~ned} Ho~rt W. Ro~rt W. Wo~y (S~ned) Arth~ S. ~e~ Arth~ S. ~wens (St~ned) Ran G. ~an O. ~lttle Co~[ttee." After a discussion of the ~tter~ Mr. Hanes moved t~t Co~cil conc~ In th report of the co~lttee and that the request of the Blue Ridge Co~cil of Boy Scout~ ~ denied and that the ~lcipal Stadl=~ and Athletic Field Rental Ordl~nce referred to the Stadi~ Advisory Co~[ttee with the su~gestion t~t St give considel tion to reduc[n~ prevallin~ chan~es for all uses St feels should~ encouraged. motion ~s seconded by ~. Waldrop and adopted by the roll.inK vote~ A~S: Cocci1 members Hanes~ Plckett~ ~aldrop~ ~o~y~ and the ~esident~ ~ebber ........................ NAYS= Co~cil mem~rs Minton and Yo~g ............ ~INIS~D BUSI~SS~ SA~IES-CI~ ~PLO~S: Co~c[1 ~vin~ previ~sly a~reed to meet at o~clock~ p. m.~ February 18~.19~ with ~. J. Ro~rk ~o~s~ Chair~n of the Job Eval~tion Board~ In order t~t the ~y co~d ~ briefed on the status a~ value of the Job C[assification a~ Salary Pi~ and C~nc[l~ at said meeti~ ~vin~ asked the ~esident~ ~. ~ebber~ and ~. ~o~s to ~ke a ~ther study and reco~e= tion as to the pl~ and to contact former m~bers a~ others who ~y serve on a co=ittee to bring the plan up to date~ ~. ~o~s su~tted the follo~n~ report~ .ly ~February 26, 1954 The Council of the City of Roanoke Roanoke, Virginia Oentlemen$ In compliance vith your direction, the Hayor and I have consulted on the Job classification ~atter but are unable to present a reco~endation for this meeting. ~e hope to present a report and reco~endation in the next 15 days. Yours very truly (Signed) J. Robert Thomas" The report ~as flledo ~ATEH DEPAHTHENTz Council having previously taken under advisement the question of ~hether or not the timber on the Falling Creek and Beaver Da~ ~atershed: should be cut and sold in connection vith an offer from Hro Rurphy Thompson, Floyd, Yirginiaj to purchase the timber~ the matter ~as again before the'~o~yo In this connection~ Hr. Hanes advised that he feels Council should give the matter additional study at this time, and ~rk out some plan for disposing of the timber in stages~ suggesting that further thought be given to the possibility of entering into a contract vith the Virginia Forest Service to make a survey and marking of trees vhich should be cut° After a further discussion of the matter~ Hr. ~'oody moved that the City Nanager invite Hr° Arthur Lo Jolly, Jr°, of the ¥irginia Forest Service, Hr. Robert P. Hunter and other authorities familiar vith timber to meet vith Council for a discussion of the question. The motion ~ras seconded by Hr. Yaldrop and tmanimously ~doptedo CONSIDEBATION OF CIAIH~ None. INTRODUCTION AND CONSIDEHATION OF ORDINANCES AND HE SOLUTIONS: SE~tS~ The matter of constructing sanitary severs in the Idleuild area having been referred to the City Attorney for preparation of a Resolution creating a committee before vhom abutting landowners may appear and be heard for or against the proposed construction of sanitary seversj the City Attorney submitted draft of a Resolution providing for the creation of the committee; vhereupon, Hr. Young offered the following emergency measure~ (~12068) A HESOLUTION creating a committee before vho~abuttin§ landowners on certain portiorm of Brook Street~ N. E., Dunkirk Avenue, No Eo, and Idlevlld Boulevard~ No Eo~ may appear and be heard in favor of or against the proposed construction of sanitary severs in and along said portions of said streets and othe~ property~ the cost of vhich~ ~hen the sa~e shall have been ascertained by said com~ittee~ is to be assessed or apportionedbet~een the City and said abutting land- owners as provided by lay; providing for notice to such abutting landowners of the hearing ~efore said committee; and providing for an emergency. (For full text of Resolution, see Ordinance Bogk No. 20, Page 122.) Hr. Your~ moved the adoption of the Resolution° The motion vas seconded by Hr. Hanes and adopted by the follo~rlng vote~ AYES~ Council me~bers Hanesj Hinton, Pickett, ~'aldrop, ~'oody~ Youn~ and the President, Hr. Yebber .................. 7o NAYS~ None ......................... O. 6PADE CROSSINGS~ The City Clerk brought to the attention o£ Council an Ordinance prepared by the City Attorney vith reference to acquiring property in the 214 name of Nary ~ore'(nowNary Noere Fey), et al, needed in connection wlt~ Se con- struction of the Jefferson street Grade Crossl~ Elimination Viaduct and ~oJect~ whereu~n, Hr. Waldrop offer~ the folloviM emergency meas~e~ (~1~9) AN ONDINANCE repeall~ Ordinance No. 11887, adopted ~n the 27th of July, 19~ repeall~ O~lnance No. 11~5~ adopted on the 8th day of Septe~r, 19~j authorizing a~ directl~ t~t co~e~nation proceedin~s ~ instituted to ac~lre, for a~ on ~half of the Cl~ of R~noke, the fee simple title to certain real estate situated in the City of Ro~e, on the south side of Norfolk Avenue, S. Eo (~ln~ Official Tax Serlal ~t Nos. 4010102 and 4010201), to ~ vsed as rlght~ of ray for t~ Jefferson Street Grade Crossing Elimination Vladuct and ~oJect; a~ providl~ for an emergency° (For ~11 text of Ordinance, see Ordl~nce Book No. 20, ~ge 123.) Hr. ~ldro'p moved the adoption of the Ordl~nceo The motion ~s seconded Hr. Hanes a~ adopted By the follo~l~ vote~ AYES~ Council mem~rs Hanes, Nlnton, Pickett, Waldrop, Wo~y, Yonn§, a~ ~esident~ ~. Weber .............. 7. NAYS, None ................. O. MOTIONS AND MISCELLANE~S BUSINGS: None. There ~lng no ~rther business, Council adJ~rned. APPROVED Clerk ent 215 COIR~CIL, REGULAR HEETING, Monday, Harch 8, 19~4o The Council of the City.of Roanoke met in regular meeting in the Circuit Court Roomin the Municipal Building, Monday, Hatch 8, 1954, at 2:00 o~clock, po mo, the regular meeting hour, with the President, Hr. Webber, presiding. PRF~BN?: Council members tlanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Web~er ............ 7. ABSENT~ None ................. Oo OFFICERS PRESENt: Hr. Randolph G° ~lttle, City Attorney, and Hr. Harry R. Yates, City Auditor. The meeting was opened with a prayer by the Reverend J. Manly Cobb, Pastor oP St. James Episcopal Church. MIh~TES: Copy of the minutes of the adjourned regular meeting held on February 23, 1954, having been furnished each member of Council, upon motion of Mr. Hanes, seconded by Mr. Waldrop and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON P~LIC HATTERS: DEPARTMENT OF PL~LIC WOR¥~ Pursuant to Requests for Quotation issued by Purchasing Agent on one tractor for use in street construction, one roller for use in street repair and one air compressor for use in sewer and drain construction, isaid bids to be received by the Purchasing Agent until 2:00 o'clock, p. m.,. Monday, iMarch 8, 1954, and to be opened before the Council of the City of Roanoke at that ihour, the President, Mr. Webber, asked if there ~s anyone present who did not understand the Requests for Quotation, if there was anyone present who had been denied the privilege of bidding, or if there were any questions anyone would like ~ !ask, and no representative present raising any question, the President instructed the Clerk to proceed with the opening of the four bids received on the tractor, the five bids received on the roller and the eight bids received on the air compressor. The bids having been opened and publicly read before Council, Mr. Young offered the following Resolution: (#12070) A RESOLUTION referring bids on one tractor for street construction roller for street repair and one air compressor for sewer and drain constructto to a committee composed of Mr. R. B. Moss, Purchasing Agent, ~. John L. Wentworth, Director of Public Works, Hr. H. Cletus Broyles, City Engineer, and Hr. E. H. Richardson,Superintendent of the City Garage, for tabulation, report and reco..-menda- :ion to the Council of the City of Roanoke at its regular meeting on Monday, March 15, 19S4. (For full text of Resolution, see Ordinance Book No. 20, Page 125.) Hr. Young moved the adoption o~ the Resolution. The motion was seconded by Mr. Minton and adopted by the fallowing vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............ 7. NAYS: None .................. O. At this point, the President, Mr. Webber, advised the several from various companies who were present for the opening of the bids that they ~uld be given an opportunity to s~eak in behalf of their equipment at the next regular meeting of Council. 216 BUILDING CODE~ Council havinE previously asked the City Manager to invite representatives of the Roanoke Association of Insurance Agents to meet with the for a discussion in connection with elevator liability and inspection, Mr. L. Graha~ Raynie, Prestdentj Roanoke Association of Insurance Agents~ appeared before Council and advised that the association recommends that the elevator inspection Ordinance= which requires quarterly tnapectlons of elevators at a cost'of $5°00 per lna~ection by the Department of Bulldings~ be amended so as to provide that a copy of the insurance companies periodic inspection report be accepted in lieu of the present In a discussion of the request, Mr. D. B. Reed~ Assistant Building Inspecto: who was present at the meeting, urged thatthe Ordinance not be a~ended~ stating th~ he feels this inspection should be made by his department; whereupon~ Mr. ~ody noved that the request be referred to the City Manager for study and report back to Council. The motion ~s seconded hy Mr. Minton and unanimously adopted. WATER DEPARTMENT: Council having previously concurred in a suggestion of the City Manager that action be deferred on the request of Mr. C. W. Francis~ Jr.~ that the city extend a water main to the end of Peakwood Drive In the Prospect Mills section in connection with the subdivision of the area and that he be permitted to pay for the water main on the basis of a 2-1nch main as he has done in the past for the existing portion of water main in Peakwood Drive~ until after the 1954 %later Department budget is discussed and that Council have Mr. C. E. Moore and Mr. G. H. Ruston explain the request more clearly~ Mr. Clifton A. Woodrum~ Jr.~ Attorney for Mr. Francis, appeared before the body along with Mr. Francis and renewed the reques~ for extension of existing facilities, Mr. Woodru~ suggesting that since the City Manager is not present the matter be continued. In this connection, the Acting City Mermger presented the following report from the City Manager= "Roanoke~ Virginia March 8, 1954 To The City Council Roanoke, Virginia Members of Council: During the latter part of 1953 I presented to you a request of Mr. Francis concerning Peakwood Drive. At a subsequent meeting in my office last week between Mr. Woodr~ and Mr. Francis, it was suggested that the matter be presented to Council at the meeting last Wednesday night. Mowevel due to the pressure of time and other pressing matters, we did not have a chance to discuss it. I am presenting to you maps and other information pertaining to this request, but would suggest that you set some time during the week at wblch time we can present to Council the technicalities concerned in this proposal and the history of the development. Respectfully submitted, (Signed) A. S. Owens City Manager" After a brief discussion of the matter, Mr. Minton moved that the question be carried over until 2:00 o'clock, p. m., Monday~ March 15, 1954. The motion was seconded by Mr. Manes and unanimously adopted. STREETS AND ALLEYS: Mr. Tom Stockton Fox, Attorney representing Mr. C. S. Reid and Dr. John O. Boyd, Jr.~ appeared before Council and presented written reques that the 12-foot alley sho~n on the Map of the Crystal Spring Land Company, in Block 50, extending in a northerly direction from McClanahan Street to an unnamed 30-foot street~ and between said Block 50 also bounded on the east by Crystal Spring Avenue and on the west by Rosalind Avenue, be vacated and closed in accordance with the ~rovtsions of Sections 15-766.1 and 15-766.2 of the 1950 Code of Virginia, as amende ~r. Fox also presented a ~rrltten agreement signed by property o~ners ~hose properties abut on ~oth sides of the alley consenting to the closing and vacating of the alley. After a discussion of the matter, Hr. Minton moved t~t the request be referred to the City Planning Co~xission for study, report and reco~endation to Council and that the City Clerk publish proper notice of a public hearing to be held at 2:00 o'clock, p. m., Monday, March 29, 1954. The motion was seconded by Hr. Waldrop and unanimously adopted. PETITIONS AND COmmUNICATIONS: STADILrM-I~B~R FIELD: A co~unication from Mr. Clyde Cocke, Chairman, Stadi~ Advlsory Committee, advlsing that as a result of city admission taxes on events helc at the Stadium and Pmher Field as a whole, there has been an income for the city amounting to $8,387.42, which added to the $20,774.60 from rentals and concessions makes a total income of $29,162.02 for the property for the year 1953, was before Council, The co~unication was filed, STREET LIGHTS: A report from the Appalachian Electric Power Company, advisl~ that three 2500 l~en street lights were installed in the city during the month of February, 1954, was before Council. The report was filed. CLAIre-CITY F~IPLOYEES: The following co~unication from Mr. J. T. Engleby, Jr., Attorney for Mr. Leonard Sigmon, requesting that the city %~lve any claim by virtue of subrogation rights to recover wages and money paid for hospital bills dur the time Mr. Slgmon was disabled as a result of an accident, was before Council: "March 4, 1954 Honorable Members of City Council Municipal Building Roanoke, Virginia In re: Leonard Sigmon Gentlemen: One of your employees, Mr. ieonard Stgmon, while in his regular course of employment in working on a man hole cover in the City of Roanoke, ~-as ru~ over by an automobile driven by one Earnest G. Hash, who is now in the Marine Corps. The writer is of the opinion that the operator of said car was in Pault but he is a young man of practically no assets whatsoever and carried only a small amount of insurance. Any recovery of the full amount of liability insurance carried by said Earnest G. Mash would not compensate Mr. Sigmon and indemnify him for the injuries and disability resulting therefrom. Mr. Sigmon has been paid the amount allowed by workmen's compensation, that is $25.00 per week, and will suffer approximately $S00.00 to $700.00 medical bills, which has been under%rritten or paid by the City oP Roanoke. Hr. Slgmon has not raised any question as to the negligence of the City and does not intend to, although there is some question as to the sufficiency of light furnished him to carry on his duties for the City. Nevertheless, Mm. Slgmon feels that should he be able to effect a settlement with the insurance carrier of the said Earnest G. Hash, that the City should waive any claim by virtue of subrogation rights for recovery of the meagre ~-ages paid him and the hospital bills, which the City has paid for him. I will appreciate very much if this Body will place the above request on Its agenda for a hearing at its next session and that due consideration be given to this request of Mr. Slgmon. Believe me, I am Respectfully yours, (Signed) J. T. Engleby, Jr. Attorney for Leonard Slgmon" On motion of Hr, Hanes, seconded by Hr, Waldrop and unanimously adopted: the request was referred to the City Attorney for study, and report ~ack to Council SCHOOLS: A resolution from the Valley Junior Woman's Club: advising that they wish to go on record as being strongly opposed to and viii resist any efforts to consolidate and/or combine Jefferson Senior High School and William Fleming Higl School into one Central Senior High School at Shrine Hill or in any other section of the city, was before Council. On motion of Hr. Hanes, seconded by Mrs. Pickett and unanimously adopted~ the matter ~as taken under advisement and the City Clerk instructed to forward a copy of the Resolution to the Roanoke City School Board for their information. ZONING: Council having previously referred to the City Planning commission for study, report and recommendation, a petition asking that property located on the southeast corner of Burrell Street and Whitten Avenue, N. W., be rezoned, the following co.~municatlon from the Planning Commission %~s before the body: "March S, 1954 The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia In reply to your letter of January iS, 1954, referring to the City from Robert W. Spessard, Attorney, representing E. P. Nabors, Jr., asking that property located on the southeast corner of Burrell Street and %~Itbel Ave., N. W., described as Lot 1, Section 6, Lincoln Court Map, Official No. 2041001, be rezoned from a Special Residence District to a Business District: Upon consideration of this request, following a conference with the petitioner's attorney, the Com~lsslon is of the opinion that the rezoning of said lot wlll result in 'spot zoning', which would be contrary to the principles of good planning, and not for the best interests of the propert) owners in the i~mediate neighborhood. The City Planning Commission recommends to City Council that the request of the petitioner to rezone said lot to a Business District be denied. Respectfully submitted, (Signed) George Dungllnson, Jr. In a discussion of the matter, the City Clerk advised that Mr. Robert W. Spessard, Attorney for the petitioner, has requested that Council hold a public hearing on the request; whereupon, Mr. Woody moved that the City Clerk be lnstructe~ to publish proper notice of a public hearing on the question of rezontng the proper~ said hearing to be held at 2:00 o'clock, p. m., Monday, March 29, 1954. The motion was seconded by Mr. Minton and unanimously adopted. ZONING: Council having previously referred to the City Planning Commission for study, report and recom~mendatton, a request from Mr. J. E. Cundiff that propert) located on the northeast corner of Bennington Street and Carlisle Avenue, S. E., be rezoned, the following communication from the Planning Commission was before the body: "March S, 19S4 The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemen: In reply to your letter of January 1S, 1954, referring to the City Planning Co=~ssion for study, report and recommendation, a communication from J. E. Cundiff, asking that property located on the northeast corner of Bennington Street and Carlisle Avenue, S. E., described as Lots 1, 2 and 3, Block 1, Easbever Place Map, ke rezoned from a General Residence District to a Business District: Upon consideration of the location OF said propertyg and the fact that there are 'several non-conformin~ businesses in the community ~lch serve the ~ immediate neighborhoodg the Commission is of the oplnlon that there is no need for additional business property in that section at this time. The City Planning Co~ission reoo=ends to City Council that the reque. · of the petitioner to resone said lots to a Business District be ~enied. Respectfully submitted, (Signed) George Dunglinson, Jr. Chairman." In a discussion of the matter, the City Clerk advised that the petitioner~ Mr. J. E. Cundiff, has asked t}~t Council hold a public hearing on the request; whereupon~ Hr. ¥~ldrop moved that the City Clerk be instructed to publish proper notice of a public hearing on the question of rezoning the property~ said hearing to be held at 2~00 o~clock~ p. m.~ Mondayt April 5, 1954. The notion ~ns seconded by Hro Minton and urmnimously adopted. STP~ETS AND ALI~YS= Council having previously referred to the City Planning Con~ission for study~ report and recom=endation, a com~unication from Mr. Sidney F. Parhamt Jr., Attorney representing the Chesapeake and Potomac Telephone Company~ requesting the discontinuance and closing of a small portion of an alley located at the rear of the telephone company's building and property, Hr. Parham appeared befol Council and presented the following formal petition= "IN T6E COUNCIL FO~ THE CITY OF BOANOKE~ IN ~E: Discontinuance and closing of a small portion of the alley situate bet~-een Second and Third Streets~ S. ?.~ running in a north-south direction from Franklin ~oad to Luck Avenue~ S. ~., in order to straighten the west line of the northerly portion of the alley. PETITION TO ~ COL~;CIL OF ~ECITY OF ROANOKE= Your petitioner, The Chesapeake & Potomac Telephone Company of Virglnl~ respectfully represents that= (1) It is the owner of property fro~ting on Third Street~ S. W.~ in said city extending from the southeast corner of Third and Luck Avenue south~rdly 215 feet and running back to an alley~ which runs in a north- south direction from Frank. lin ~oad to Luck Avenue. (2) On the northerly portion of this property~ your petitioner has its ~oanoke office and Exchange building. The balance of the property is now used for a parking lot but future development by your petitioner is expected to result Ina buildin6 over the entire property. (3) Due to many factors~ including surveying errors, encroackments by other property owners and inadequate descriptions in early deeds~ it is impossible to accurately determine the west line of this alley where it abuts on your petitioner's property. (4) The alley line as nov fenced on that portion of your petltioner~s property not occupied by the buildin~ contains angles which prevent the economical utilization of the lot for bulldin~ purposes. (5) Your petitioner has made an extensive investigation of the origima] conveyances which established the alley in question and is of the opinion that it was the intention of the original subdivider, Ferdinand ~orer, to establish a public alley 12 feet in width runnln~ parallel to Third Street and Second Street~ S. ~. (6) Due to the encroachments and other factors~ the alley is less than 12 feet in width at its southerly terminus and there are good many angles throughout its entire length. (7) This matter has been brought to the attention of the City Engineer and the City Planning Engineer and they are both of the opinion that it would be to the advantage of the city as well as to your petitioner~s advantage to establish the west line of the alley insofar as it abuts on your petitioner~s property as the line B-B-~ shown on the attached plat prepared by C. B. Malcolm and Son under date of March 1~ 1954. (8) This line~ if established~ will leave a small triangular parcel between the new alley line and the present west line of the alley. This parcel will be dedicated for alley purposes by your petitioner~ if the hereinafter described portion~f the alley is vacated. (~) The establishment of the proposed line will leave a triangular parcel~ shown as Parcel II on said map~ lying to the west of the newly established alley line and east of the fence line on the alley~ which parcel may be described as follows: 220 STARTING at the intersection of the west line of the alley and south line of Lnck Avenue (said point bein~ N. 82e 09' O1# E. 1~0 feet from the present southeast corner of Luck Avenue and Third Street. So Wo)~ thence ~lth the existing ~est line of the alley, So Eo 1~0 feet to a point; thence S° 82· 09t 01" We 0.99 feet to the actual BY, INNING POIHT; thence with the newly established west line of the alley, S. ?o 57' 00" E. 61.98 feet to a point; thence S. HIe 46' 00" W. 0.45 feet to a point on the west line of the alley as presently fenced; thence with the same, N. 9' 23' 40" ~. 62.0 feet to a point; thence N. 32° 09' Ol" E. 2.01 feet to the actual BEGI~ING POINT; and CONTAINING approximately 77.5 square feet. It is this portion of the alley that your petitioner seeks to have discontinued, closed and vacated. The land to ha dedicated and the portion of the alley to be closed are sho~n on the attached map as Parcels I and II respectively. (10) No part of that portion of the alley sought to be closed is now used By the public as an alley and no inconvenience will result to the publ! from closing this part of the alley and establishing the new alley line. The paved portion of the alley as used by the public lies wholly to the east of the parcel sought to be vacated and closed. (11) Notice of the presentation of this petition ~as duly posted in accordance with the requirement of Section 15-766 of the Code of Virginia on the first day of Harch, 1954t being the first day of the }/arch 1954 term of the Rustings Court for the City of Roanoke and ~eing more than five days prior to the presentation of this petition, all as will appear from an affidavit of a Deputy Sergeant of the city filed herewith. (12) Your petitioner will bear all expense in connection with this matter. ~.~EHEFORE, your petitioner respectfully requests that pursuant to Section 15-766 of the Virginia Code, the Council appoint not less than 3 five qualified persons to act as viewers, to view, ascertain and report In writing what, if any, inconvenience would result from vacating, discontinuin and closing the above described portion of the alley lying between Second and Third Streets, S. W., and running in a north-south direction from Bead to Luck Avenue, S. W.; that upon a report of the viewers~ if favorable to the granting of this petition and upon consideration of the evidence, Council adopt an ordinance declaring the above described portion Of the alley in question permanently vacated, discontinued and closed and thereby all right, title and interest of the City of Roanoke and the in and to said portion of the alley and thag a copy of said ordinance be certified to the Clerk of the Hustings Court for the City of Roanoke, Virginia, for recordation b~ him in the deed books in his office. Respectfully, THE CHESAPEAKE & POTOMAC TELEPHOr~ COMPANY OF VIRGINIA By (Signed) S. F. Parham, Jr. Of Counsel Woods, Rogers~ Muse & ~lker 302-319 Boxley Building Roanoke, Virginia" In this connection, the City Clerk called attention to the following recommendation from the City Planning Com~isslon: "March 5, 1954 The Honorable R. L. Webber~ Mayor, and Members of City Council, Roanoke, Virginia. Sentle~en: In connection with a letter to you under date of February 26, 1954, from Woods, Rogers, Muse & Walter,' Attorneys for The Chesapeake & Potomac Telephone Company of Virginia, in regard to establishing a straight line on the west side of an alley running In a north-south direction from Frankli Road to Luck Avenue, in accordance with a map prepared by C. B. Malcolm& Son, dated March 1, 1954. In view of the facts which have been presented, the Commission is of opinion that the proposed straightening of said alley by the closing of a small strip along a portion of it, together with a dedication by the petitioner, will correct previous encroachments and surveying errors which will be far the best interests of all concerned. The City Planning Com~lssion recommends to City Council that the reques of the petitioner to close a portion of said alley be granted under the conditions as set forth in said letter, and that the question be referred to the City Attorney for the proper procedure. Respectfully submitted, (Signed) George Dunglinson, Jr. Chairman." than .e After a discussion of the request, Mr. Young offered the following Resolutic as approved by the City Attorney, appointing viewers in connection with the closing of the portion of alleys (~12071) A RE~OLUTION providing for the appointment of five freeholders, an) three of whom may act, as viewers in connection with the petition of The Chesapeake & Potomac Telephone Company of Virginia to permanently vacate, discontinue and close a certain portion of the alley lying between Second and Third Streets, So Woi and running in a north-south direction from Franklin Road to Luck Avenue, So W. (For full text of Resolution, see Ordinance Book No. 20, Page 126.) Mr. Young moved the adoption of the Resolution. The motion was seconded by Mr. Hanes and adopted by the following votes AYESs Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............. 7. NAYS: None .................... O. It being the policy of Council that public hearings be held in connection with all alley and street closings, Mr. Minton moved that the City Clerk be instructed to publish proper notice of a public hearing on the question of closing and discontinuing a portion of the alley, said hearing to be held at 2:00 o'clock, p. m., Monday, April 5, 1954. The motion was seconded by Mr. Hanes and unanimously adopted. PENSIONS: A co~munlcation from the Secretary-Treasurer of the Board of Trustees of the ~ployees' Retirement System of the City of Roanoke, together with the Sixth Annual Report of the Investment Portfolio of the System as submitted by Messrs. Robert H. Daniel, Morace Hollister and Jesse M. Barrett, Advisory Committee on the Investment of Funds, was before Council. On motion of Mr. Hanes, seconded by}~. Waldrop and unanimously adopted, the co~unication and report were filed. REPORTS OF OFFICERS: WATER DEPARTmeNT: Council having heretofore referred to the City Manager for investigation and report a petition from residents living on Sand Road and Wilkes Road, N. E., requesting the extension of water mains and the installation of fire hydrants on the two roads, the Acting City Manager submitted written report from the City Manager advising that he has sent copies of a letter to the petitione] explaining that under the $4,000,000.00 water bond issue program it will be some ti~ yet before the work schedule for that area can be_ undertaken~ but that the plans for work in that area, when completed, will give them as good fire protection as any other like residential area within the city. On motion of Mr. Young, seconded by l.M. }lanes and unanimously adopted, the report was concurred in and filed. WATER DEPARTMENT: The City Manager having discussed with Council at an informal meeting, held on Wednesday, March S, 19.54, the possibilities of proceed- ing with Projects No. 8 and 9 of the Water Department Expansion program, at which meeting the City Mam~ger was requested to obtain certain information from Mr. Louis R. Howson of Alvord, Burdick and Howson, Consulting Engineers, the Acting City Manager presented the.following report from the City Manager: "Roanoke, Virginia March 8, 1954 To The City Council Roanoke, Virginia Members of Council: In furtherance of our meeting on Wednesday, March 3, 1954~ ! feel 221 222' certain that Council ~ould like to hold in abeyance any further action on Projects v8 & 9 and subsequent numbers until Hr, Mowson has sent his report to you,. ~ould appreciate your confir~ation o£ my action in holding up these projects, Respectfully su~ltted: (Signed) A, S, Ovens City Hanager" On motion of Hr, Yaldrop: seconded by Hr, Woody and unanimously adopted, the report of the City Hanager vas concurred in. WATI~ DEPARTHEN?: The City garmger having discussed with Council at an lnfornal meeting held on Wednesday: garch 3: 1954~ the question of additional filtration facilities at Carvins Cove, the Acting City Hanager suhuitted the following report from the City ganager: To ~ne City Council Roanoke, Virginia Members of Council: "Roanoke~ Virginia March 8, 1954 In ~urtherance of your directive of Wednesday, March 3, 1954, ! have written Mr. Louis Howson of ALVORD, BURDICK & HOld. ON, asking him for the followin~ information: (1) His opinion in the need of a filtration plant. (2) ¥~at necessary appurtenances. (3) %fhen it should be begun. (4) How it should be financed. S) A recapitulation and study of the foregoing facts. I asked Mr. Hows~n to forward this to me Just as soon as convenient. As soon as I receive the report, I will have copies made and forwarded to each member of Council for your study. Respectfully submitted, (Signed) A. S. Owens City manager" Om motion of Mr. Minton, secended by Mr. Young and unanimously adopted, actions of the City Manager were concurred in. FIRE DEPARTMENT-PURCHASE OF PROPERTY: The Acting City Manager submitted written report from the City Manager asking that $1,900.00 be appropriated to necessary land for the location of a fire station and presented draft of an as prepared by the City Attorney for Council's consideration; whereupon, Mr. Waldro offered the following Ordinance as an emergency measure: (#12072) AN ORDINANCE providing for the acquisition of land for use as a fire station site; appropriating $1,900.00 therefor; and providing for an emergency (For full text of Ordinance, see Ordinance Book No. 20~ Page 127.)~ Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber .............. 7. NAYS: None .................... O. STREET IMPROVEM~TS-SIDEWALK, CURB AND GUTTER CONSTRUCTION: The Acting Manager presented the following report from the City Manager with reference to widening the corner of Wllliamson Road and Huntington Boulevard and installing sidewalk, curb and gutter: To The City Council Roanoke, Virginia Members of Cm~ncll: "Roanoke, Virginia March 8, 19.54 The attached letters from the Engineering Department and from Mr. W. A. Gibbons, Vice President of the Colonial-American National Bank, are self-explanatory. In connection with this a ~ap has been prepared. However, I ~ould not recommend any consideration of any description for No. 3, as I think the prerogatives of the parking and other item should belon~ to the City Council without any co~mit~ents of any kind. Respectfully sul~itted, (Signed) Ao S. O~ens City Hanager" In this connection, the Acting City Manager then presented the com~unication from the City Engineers "DATE~ February 26, 1954 TO~ Mr. A. S. Owens, City Manager FROM~ Hr. B. C. Broyles, City Engineer The following is a letter from Mr. W. A. Gibbons, Jr., Vice President, Colonial-American National ~ank~ in regard to donating to the City a 10-foot strip of land on the east side of Wllliamson Road at Huntington Boulevard~ together with sufficient land to cut the corner at the property line with a iS-foot radius: 'February 17, 1954 Mr. H. C. Broyles~ City Engineer Municipal Building Roanoke, Virginia Res Wllliamson Road Branch of this Bank Dear Mr. Broyles~ Referring to conversation concerning donating to the City ten feet of the Wllliamson Road frontage of our lot located at the corner of Williamson Road and Huntington Boulevard, it is our understanding that you will submit to the City Manager for approval the following: 1. The City, at its o~n cost, to install new curb, gutter, concre sidewalk 8 1/2 feet wide, street paving'and one cross-over, these improvements to extend fron the northwest line of our lot to the end of the point of curve at the corner. 2. Along Huntington Boulevard, curb, gutter, sidewalk and two cross-overs are to be installed by the City, the Bank to pay one-half the cost. The sidewalk is to be six feet wide from the point of curve at the street corner to the rear of the building and five feet from there to the rear of the lot. 3. Parking to be permitted at the curb on both Wlllimmson Road and Huntington Boulevard. At a meeting of our Finance Committee yesterday it was voted to recommend to the board that the ten foot strip be donated under the conditions set out above. The next Board meeting will be on Tuesday, March 9th. If the deed is to be prepared by the City Attorney, we suggest that a deed be prepared dated March lOth. This deed can then be submitted to the Board along with the recommendation from the Finance Committee. Very truly yours, (Signed) ~. A. Gibbons, Jr. Vice President' Mr. Slbbons' letter clearly states what they expect in return as consideration. Also enclosed is a cost estimate and a map showing this work in detail. The part colored in red on the map indicates that portion to be the total cost to the City of Roanoke. The part shown in yellow is to be constructed a~ half cost to the City. The City's total cost of this proJeci amounts to $1,577.95. This also includes the tying in of the street pave~er with the proposed gutter. As this is one of our most important thoroughfares and is developing rapidly, it is recommended that favorable consideration be given to the proposal made by the Colonial-A~erican National Bank. (Signed) H. Cletus Broyles City Engineer Approved (Signed) Sno. L. Wentworth Director of Public ¥!orks~ After a discussion of the matter, Mr. Minton moved that Council take the proposal under advisement and that the City Manager furnish Council with additional information as to what the width of the streets will be if the plan is put into effect and what effect the plan will have on the movement of traffic and parking at this point. The ~otion was seconded by Mr. Waldrop and unani~ousiy adopted. 223 224 STREET IHPROVE~ENTSs Council having previously referred to the City {(anager for study, report amd recommendation a petition from citizens, asking that Tlpton Avenue, S. E., be hardsurfaced from New Spring Branch Road to Yellow Hountain Road, the Acting City Manager submitted the following report from the City Managerl "Roanoke, Virginia March 8, 1954 To The City Council Roanoke, Virginia Members of Council~ You referred to me a request fromM r. Richard Edwards and Hrso Reba C. Bancroft concerning the paving of Tipton Avenue. We could n~t do anything to this street due to the fact that water linc were placed in there last year. However, it is our plan to do some asphaltl and paving on the street during the coming s~er. Respectfully submitted, (Signed) A. S. Owens City ~!anager On motion of Hr. Woody, seconded by Hr. Waldrop and unanimously adopted, the report of the City Manager was concurred in. STREET IHPROV]~MENTSI Hr. Richard ?. Edwards, Attorney, having appeared befor Council at its meeting of February 23, 1954, and requested that the body consider the opening and extension of Tipton Avenue, S. E., from Ney Spring Branch Road to Yellow Mountain Road, advising that Mr. Charles E. Kepley would donate land for such extension through his property, and Council having suggested to F~. Edwards tho he first obtain ln writing an agreement from {ir. Eepley and a plan shoving the prop¢ and to present sm~e to the body in order t~t the proposal could be forearded to th~ proper authorities for study, report and reco=~endation, the Aetlng City Manager >resented the following report from the City l~anager with reference to the natter{ "Roanoke, Virginia March S, !954 To The City Council ~oanoke, ¥ir~lnia Members of Council: Mr. Richard Edwards appeared before Council on ~onday, ~arch 1, 1954, requesting that Council consider opening Tlpton Avenue, S. E. I cannot recommend this due to the fact that I believe it co,es under the Sub-Division Ordir~nce. I cannot see where the general public would benefit too greatly from the opening of this road from Yellow Hountain Road over to some section of the Garden City area. I believe that when and if the area is dlvided~ it should come under the Sub-Division Ordinance. If Conncll is considering opening the area, we estir~te it would take approxinately $15,000.00 to $20,000.00 to make a temporary road and to provide pipe for several stresms which would have to be bridged. Respectfully submitted, (Signed) A. S~ Owens, City "anager" )M. Minton moved that Council concur in the report of the City Eanager. Th~ motion ~as seconded by ~Ms. Pickett and unanlmously adopted. FIRE DEPAR~iENT-POLICE DEPARTMENT: The Acting City Hanager submitted the following report from the City Hanager in connection with personnel changes in the Fire Department and the Police Department{ "Roanoke, Virginia Earch 8~ 1954 To The City Council Roanoke, Virginia Memkers of Council: I wish to report to you the following personnel changes: FIRE DEPARTMENT Raymond E. ttaxey~ removed (death), effective February 15~ 19~5,4o ~llson lIenry Klnse¥~ employed~ effective }{arch 1, 1954. POLICE DEPARTMF2I? El~er Basil Smith~ employed~ effective March 1~ 19~. ~es~ect~lly submitted, (Sl~ned) A. S. City ~na[er' ~e report vas filed. ~EPOBTS~ ~e Acting Clt~ ~er su~ltted ~ltten reports from the ~rt- merit of ~[ldlngs~ the ~rchaslng ~p~rtment and the Electrical Department For th~ month of Fe~ruary~ The reports ~ere filed. RE~RT5 OF CO~IIT~5~ ~'A~ DEP~iT~ Co~cil h~vlng previously referred to a cox~ittee for study~ report and reco~mendatlon~ the ~tter of Final approval of certain to the contract of Corer Construction Company for Project No. 4 of the l{ater Depart nent~ the coxaittee submitted the follo~ln~ report~ "~Mrch 2~ 19~ To the }iembers of Cl~y Council Roanoke~ Virginia Your ~derst[ned comittee to ~hom you referred the ~ter of approval of certain amendments to the contract ~Ith the Corer Constmction Con~a~ for Pro~ect No. 4 of the %later Departaent~ su~lts the following. It is or the unanimous opinion 1. ~e clat~ for extra on PattersOn Avenue resulting from laying the min to a greater depth due to a change in the established grade ~mde subsequent to the le~in[ of the contract should ~e accepted an~ ~ald in the ~o~t of $1~959.95 a. ~e clai~ for an allowance due to a change In the hangers at Shaffers Crossing should ~ accepted and paid In the ~o~t of making a total of $2~565.33 Your co~ittee Is of the opinion that the additio~l charges for Liberty Road and Kessler Road in the ~ount of and the extra work on Tlllett Road in the anent of 1~935.96 ~kin~ a total of $2~936.93 should ~ denied. Respect~lly su~tted~ (Signed) Arthur S. (Signed) Harry ~. Yates (Signed) Roy L. (Signed) ~'alter L. Youn~ (Si~n~d) Charles E. Moore" On not~on of ~. ~o~y~ seconded by ~. %~aldrop and unaninously adopted~ ti re~ort of the committee ~s referred to the City Attorney for preparation of pro,er measures to ~ submitted to Council. ~INISt~D BUSINGS= None. . CONSlD~T~ON OF C~= None. IN~ODUGTION ~ CONS~D~TION OF O~N~C~ A~ RESOLUTIONS= S~TS ~ ALSYS= ~e City Attorney havln~ been requested to prepare Ordinance vacatln~ and closlng a certain 15-foot alley extending through Block according to the ~p of HcDonald Addition to the Clty~ he submitted same~ whereu~o~ Hr. Minton offered the following Ordi~nce as an emergency measure= (~12073) AN ORD~N~CE vacattng~ discontinuing and closing a certain l~foot alley extendin~ t~ough Block 31~ accordin~ to the ~p of HuDo~ld Addition to the City of Roanoke~ from the easterly end of ~lse Avenue~ S. E.~ to 23rd Street~ S. E. 2'26 and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20: Page 127.) Hr. Minton moved the adoption of the Ordinance. The motion vas seconded by Hr. Ranes and adopted by the following vo~e: AYES: Council members ltanes, Minton, Pickett, Waldrop, Woody, Young, and the IPresident, Hr. Webber .............. NAYS: None ................. O. STRF~TS AND ALLEYS-DEPARTN~NT OF pARKS: The City Attomeyhaving been request to prepare proper Ordinance dedicating certain land shorn on the Map of McDonald Addition to the City for park purposes, he submitted same; vhereupon, ~'. young offered the following as an emergency measure: (~12074) AN ORDINAHCE dedicating certain land eho~ on the Map of McDonald Addition to the City of Roanoke for park purposes; and ~roviding for an emergency. · (For full text of Ordinanc~ see Ordinance Book No. 20, Page 128,) Mr. Young moved the adoption of the Ordinance. The motion ~s seconded by Mr. Waldr&p and adopted by the followir~ vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and th. President, Mr. Webber ........... NAYS: None .............. O. STO~ DRAINS: The City Attorney having been requested to prepare proper ~esolution rejecting the one bid received for drilling of four storm water disposal wells in the Williamson Road area, and directing the City Manager to readvertlse for bids on the project, he su~nItted same; whereupon, Mrs, Pickett offered the following as an emergency measure: (f12075) A RESOLUTION rejecting the bid of Montgomery Drilling Co.~ for the drilling of four storm m~ter disposal wells in the Wllltamson Road area; directing the return of the bidder's certified check in lieu of bidder's bond; directing the readvertisement therefor; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 129.) Mrs. Pickett moved the adoption of the Resolution. The motlonwas seconded by i4r. Hanes and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ........... 7. NAYS: None .................. O. GRADE CROSSINGS: The City Attorney having been requested to prepare a Resolution approving payment of a bill for additional work done on the plans for th Jefferson Street Grade Crossing Elimination Viaduct and Project by Fay, Spofford and Thorndtke, Consulting Engineers, he submitted same; whereupon, Mr. Minton offered the following Resolution: (~12076) A RESOLUTION approving the payment of a bill in the amount of $7,176.16 received by the Commonwealth of Virginia from Fay, Spofford and Thorndlke. Consulting Engineers, Boston, f~ssachusetts, for additional services performed in connection with the Jefferson Street Grade Crossing Elimination Viaduct and Project at the request of the State Htgh~ay Department. (For full text of Resolution, see Ordinance Book No. 20, Page 130.) Mr. Minton moved the adoption of the Resolution. The motion Mr. Woody and adopted by the following vote= AYESs Council members Hanes, Hlnton, Pickett, Valdrop, ~oody, Young, and th. President, Mr. Webber .............. 7. NAYSs ~one ................. O. BUDGET-CITY PHYSICIANs The City Attorney having been requested to prepare proper Ordinance providing for a $90.00 increase per year for pharmaceutical services, he submitted same~ whereupon, Mr. Waldrop offered the following as an (~12077) AN ORDINANCE amending and reordaining Section Sl-"Physician" of the 19h4 Appropriation Ordinance; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 131.) Mr. Waldrop moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following votes AVES: Council mezbers Hanes, Minton, Pickett, Waldrop, Woody, young, and th President, Mr. Webber ........... 7. NAYSs None .............. O. MOTIONS AND MISCELLANEOUS BUSINESS: TRAFFIC: ~. Waldrop called to the attention of Council conplaints that he has received that motor vehicles are backing from cox~ercial establlsk~ents into the streets and highways, and zoved that the matter be referred to the City Manager to study the traffic regulations in this connection. The motion ~s seconded by Mr. Hanes and unanimously adopted. CARVINS COVEt Mr. Minton called to the attention of Council certain recent changes which have been made in the State fishing laws and moved that the City Attorney be asked to study the Ordinance covering rules and regulations for Carvlns Cove and advise Council if they conform with the recent changes in the State fishin laws. The motion was seconded by Mr. %faldrop and unanimously adopted. There being no further business, Council adjourned. APPROVED ATTES~.~_~ /~ ZZ' 228 COUNCIL, REGULAR HI~TING, Honday, Rarch 15, 1954o The Council of the City of Roanoke met in regular meeting in the Circuit Court Boom in the Hunicll~al Building, Honday, )/arch 15, 1954, at 2100 o'clock, p. the regular meeting hour, with the President, Mr. Webber, presiding. PRESENT~ Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............. 7. APSENT~ None .................. O. OFFICERS PRESENT~ Mr. Arthur S. Owens~ City Manager, Mr. Randolph G. Whittl~ City Attorney, and P~. Harry R. Yates, City Auditor. The meeting ~s opened with a prayer by the Reverend Lee M. Rlchcreek, Pasto of the Tazewell Avenue Methodist Church. MINIWES: Copy of the minutes of the regular meeting held on Monday, March 1924, having been furnished each member of Council, upon motion o£ Mr. ~%ody, 'second by Mr. Young and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC SE~.~RS-WATER DEPARTHENT: Mr. A. Paul Funkbouser, representing the Virginia Holding Corporation, appeared before Council and requested the extension of water mains and sanitary sewer lines in and adjacent to Patterson Avenue, S. ~.~ westward :from Bridge Street, advising that the corporation proposes to lay the lines in accordance vitb Plan and Profile No. 1460 dated February 25, 1954, on file in the office of the City Engineer, and presented draft of an Ordinance setting forth thel~ proposal, as approved by the City Attorney, for Council's consideration; whereupon, Mr. Woody moved that the following Ordinance be placed upon its first reading. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, ~ldrop, Woody, and the President, 1.~. Webber .............. 6. NAYS: None ................. O. (Mr. Young not voting) (~12078) AN ORDINANCE approving the proposal of Virginia Holding Corporatio~ to lay certain water mains and sanitary sewer lines in and adjacent to the extension of Patterson Avenue westward from Bridge Street, S. W., and approving the laying of a connecting sanitary sewer at the equal cost of the city and Virginia Molding Corporation from Manhole No. 90-A in the city's S6-inch interceptor line along the north side of Roanoke River to proposed Manhole No. 7 at the southernmost point Of the line Of intersection between Virginia Holding Corporation's Lots C ~nd D, all sho%m on Plan and Profile No. 1460, dated February 25, 1954, on file in the office of the City Engineer; providing for the acquisition of requisite easements for said sanitary sewer lines or portions thereof; providing for the performance of the work )f laying said water mains and sanitary sewer lines, or any portion thereof, by city ~orces or upon contract at the lowest responsible bid; and providing for the payment )f the costs thereof.. %~%FEREAS, Virginia Holding Corporation proposes, at its entire cost, to lay feet, more or less~ of 12-inch %~ter main and 1250 feet~ more or less, of sanitary sewer line with 6-inch connecting lines in and along Patterson Avenue as extended westward from Bridge Street and also proposes to lay, at its enttr cost, 243°5 feet, more or less, of 8-inch sanitary sever line fro~ proposed Hanhole No. 3 in said extension of Patterson Avenue south~rd along the dividing line ~etve. Virginia Holding Corporation*e Lots C and D to proposed P~nhole No.7, all as sho~n on Plan and Profile No. 1460, dated February 25, 1954, on file in the Office of the City Engineer, and ~ER£AS, upon the laylr~ of said rater ~ains and sever lines, said Virginia Rolding Corporation proposes to transfer, free of charge, complete title thereto unto the Clty~ together vith requisite easement from said proposed Manhole No. 3 to said proposed {~nhole No. ?, and ~,~REAS~ said Virginia {~olding Corporation has requested this Council to ratify and approve its said proposals as hereinubove stated and as sho~m on said Plan and Profile No. 1460, and ~]EREAS, said Virginia Holding Corporation has requested the City to acquir~ requisite easement from said proposed ~anhole No. 7 to )Mnhole No. 90-A on the 36- inch interceptor line laid along the north bank of Roanoke River and, at equal cost to Virginia {folding Corporation and the City, to continue said 8-1nch sanitary sever line betvesn said last-~entioned ranholes~ the cost to the City of such york and ~aterials therefor having been estimted by the Enginserlng Department at $1,718.00. ~fEREFORE, BE I7 ORDAIneD by the Council of the City o£ Roanoke as follovs{ lo That the proposals of Virginia Holding Corporation (set Forth in detail on Plan and FraY{lc No. 1460~ dated February ~5, 1954, on file in the Office of the City Engineer) to lay, at its entire cost, a 12-inch ~ater ~ln fro~ a connection point vtth the City's present 12-inch tee at the intersection of Patterson Avenue and ~rid6e Street, S. ~., 1400 feet, more or less, vestvardly in and along the extension of Patterson Avenue{ 1£~0 feet, more or less, of 8-1rich sanitary se~er line, vith seven 6-inch connectin~ sever lines, in and along said extension of Patterson Avenue; 243.5 feet of 8-inch sanitary sever line from proposed ¥~nhole Naa S southvardly along the dividing line betveen Lots C and D of Vir§inia Holdin~ Corporation~s property to the southernmost limit thereof at proposed {4anhole No. 7; provided that upon completion of the laying of said rater mains and sever lines said Virginia Holding Coruoration shall transfer, vithout cost~ coz~lete title thereto unto the City of Roanoke, to~ether vith requisite easement from said proposed ~fanhol No. 3 to said proposed ~fanhole No. ?~ be, and the same are, hereby ret{lied and approved. 2. That the proper City officials be, and they are hereby~ authorized and directed for and on behalf of the city of Roanoke, to acquire, at reasonable cost to the City of Roanoke, requisite easement for the extension of said R-inch sanitar sever line fro~ proposed Nanhole No. 7 southvard to Hanhole No. 90-A on the City's 30-inch interceptor line along the north bank of Roanoke River, as also sho~-n on said Plan and Profile No. 1460. 3. That upon payment to the City by Virginia Holdin~ Corporation of $15,026 the estimated cost to the Holding Corporation for the layin6 o£ said rater main and sanitary sever lines, and upon acquisition of the requisite easements, that the proper City officials be, and they are hereby, authorized and directed to provide the necessary materials and proceed vith the laying of all of said rater ~ains and sanitary sever lines; provided, hoverer, that said york, in vhole or in part~ may be performed vith City forces or let to contract at the lovest responsible bid as said proper City officials may elect, and provided further that should the cost to 229 230 lnia Holding Corporation exceed the estimate aforesaid, Virginia Holdir~ tion shall, upon request, pay the difference and should said cost be less than said estimate, the difference shall be refunded to Virginia Holding Corporation. 4. That there be, and there is hereby, set apart from AcCount No. 141 of 1954 Appropriation Ordinance $1,718.00 with which to pay the City's one-half of the estimated cost of laying the sanitary sewer line from proposed Hanhole Ea. 7 to Mamhole No. 90-A as shown on the aforesaid Plan and Profile No. 1460, and the City Auditor is hereby authorized to pay the proper charges therefor from said fund as such charges are certified to him by the City }hnager. The Ordinance having been read, was laid over. ~TER DEP~RTMENT: Council at its last regular meeting having concurred in the suggestion of Mr. Clifton A. Woodrmu, Jr., Attorney for Hr. C. W. Francis, Jr., that the body continue until the present time the request of Mr. Francis that the city extend a water main to the end of Peakwood Drive in the Prospect }{ills section in connection with the subdivision of the area, the matter was again before the whereupon, Mr. Woodrum, Mr. C. E. Moore and Mr. G. H. Buston appeared before Mr. ~-~oodr~u calling attention to }]is request as set out in the following letter to the City Manager: "{{arch 3, Mr. Arthur S. City Manager Municipal Building Boanoke, Virginia My dear Mr. O%'ens: This will serve to confirm the request made at the conference held in your office on Wednesday, February 24, 19~4, and attended hy you, Mr. Charle E. Moore and }!r. C. II. ~uston of the City of Boanoke l'fater Department, }ir. C. YL Francis, Jr., and Mr. Clifton A. ~oodrum, Jr., relative to the exten- sion of certain ~ater facilities in the Prospect Bills Subdivision of the City of Boanoke. For the convenience of the members of Council, ! am enclosing herewith a nmnber of copies of a plat showlng such subdivision and containing certain other information. At the conference in question, ~r. Francis requested that the City of Boan~ke immediately proceed with the installation of ~ater facilities sufficient to provide an adequate water system for that portion ~f the subdivision consisting of Lots 13 through 24, Block 'K', and Lots i through 14, Block 'N', ~hich ~uld involve the installation of approximately 2,650 lineal feet of main. At present, the existing main extends to a point opposite Lot 12, Block In return, }ir. Francis proposes to do the following= (1) To convey to the City without charge a right-of-way extending from a point on Somerset Street to a point on Exeter Street and thence along Exeter Street to its intersection ~ith Peak~ood Drive for the purpose of the installation of an eight-inch main. It is our understanding that the tton of this main is necessitated in order to provide adequate water for fighting purposes in those areas already served, and that the installation of such main will be required irrespective of the action taken on the (2) To convey to the City without charge a plat of land in the of the intersection of Peakwood Drive and Exeter Street for the installat of a pm~ping station and to reimburse the City for t~e cost of an additional eight-inch main which may be required to connect such station with facilitl. in that vicinity. (S) To reimburse the City for the cost of a two-inch main from a point opposite Lot 12, Block 'K', to the terminus thereof, presently estimated to be a distance of 2,650 feet. (4) To fnstall= his own cost a sanitary sewer system to service the area in question. (5) To provtde at his own cost for the hard surfacing of Peakwood Drive from a point opposite Lot 12, Block 'K', to the end thereof to a width of nat less than 25 feet. As you will recall, it ~s pointed out at the conference that the original negotiations for this extension of the existing system was in 1949, but a formal request was withheld at the suggestion of the City pending the adoption of an over-all plan for the entire South ~oanoke area, including the building of a new Crystal Spring Booster Station, enlargement of the Orandin Court Beservoir and extension of service into Garden City. The present request Is merely the third and final phase of the plan which was originally proposed tn about 1925 and is in conformity with Council action on phases 1 and 2, as evidenced by Ordinance 9317 of December 1, 1947, and Resolution 10445 of Hatch 13t 1950. It is'our opinion that the approval of this request on the ter~m and conditions set forth herein would be to the definite advantage of the City. In this connection, it might ~e pointed out that that portion bf the eu~- division which will be affected ia presently being taxed as acreage and that the City realizes therefrom in taxes approximately sixty-four dollars per year, If the facilities herein referred to are provided, the present acreage will be converted into 25 improved lots, At present, the City of Roanoke realizes from the 23 improved lots nov served by a water system the annual sm~ of $4t246.81 in taxes and It is reasonable to assume that at least an equal amount in taxes will be realized annually as a result of the requested extension. Very truly yours, WOODRb~, STAPLES AND GREGORY (Signed) Clifton A. }~odr~m, Jr. Clifton A. Woodrum, Jr." In a discussion of the mstter, Mr. Moore stated that before any service can be given to customers beyond the present terminus of the water lines, something will have to be done to provide for repumping of the water, and advised that Mr. Francis has not yet carried out hie part of a previous agreement to provide a new pumping station at Exeter Street and Peakwood Drive. In a further discussion of the matter, it was brought out that streets ~ve not been dedicated in the proposed area, the President, Mr. Webber, voicing the opinion that provisions of the subdivision Ordinance should be complied with. After a lengthy discussion of the matter, Mr. Woody moved that the request of Mr. Francis be referred to the City Manager and Mr. C. E. ~!oore for disposition. The motion was seconded by ~. Minton and unanimously adopted. }lATER DEPAR~4ENT: Council having previously requested the City Manager to invite Mr. Arthur L. Jolly, Jr., of the Virginia Forest Service, Mr. R. P. Hunter and other authorities familiar with timber to be present for a discussion on whethe: or not the timber on the Falling Creek and Beaver Dam watersheds should be cut, in connection with an offer from Mr. Murphy Thompson, Floyd, Virginia, to purchase the timber, bhe matter was again before the body. In this connection, ~.~. R. p. Hunter, Director of Parks and Recreation, who was present at the meeting, presented to Council Mr. Arthur L. Jolly, Jr., District Forester from the Virginia Forest Service, together with Mr. A. G. Hobart, Mr. J. C. Hinkle and Mr. W. S. Campbell also from the Virginia Forest Service, Department of Conservation and Development, ~. Hunter advisir~ that the representatives have volunteered to assist the body in making a study of the mmtter and that he has gone over with them a letter from I.~. L. R. tIowson, the city's Consulting Engineer, in which Mr. Howson advises that he sees no danger in cutting the timber if the work is properly supervised. ~-~. Jolly advised that there is a large stand of timber on the watersheds but that the condition of the timber is unkno'~, stating that it would be advisable to have a survey made and that the State Forest Service will make such a survey and submit a report on conditions of the timber, the rate of growth and the type of timber stand, the report to also include certain reco~endations as to cutting and whether com~ercial operations are feasible, ~. Jolly further stating that there will be no charge for this type of survey, but if the Forest Service is requested to mark trees to be cut a charge of sixty cents per thousand board feet will be made. 231 .232 In a further discussion of the matter, Hr. Campbellt who is a specialist in watershed forestryt advised Council that he would be glad to assist Hr. Jolly and give advice on cutting and removing of the timber; whereupon, Mr. Waldrop moved that the City Hanager have the State Forest Service make such a survey and to submit a report to Council of its findings on the condition of the timber and their tion as to the cutting. The motion was seconded by Hr. t~nes and unanimously adopt ~d. PETITIONS AND CO}~UNICATIONS: ANNEXATION-PARKS ;did PLAYGROUNDS: A communication from the Wildwood Civic League, requesting that the old residence located on the Tasewell Morgan Metrs propE 'ty be made available as a place for the holding of meetings~ was before Cotmcll. On motion of lit. Young, seconded by Mr. Woody and ur~nimously adopted, the request was referred to the City Manager for disposition. ;2fN'L~.ATION: A co~munication from the Rlverdale Civics Club, expressing appreciation for certain Improvements already completed In their area and additional information in connection with zoning, water charges~ the water program, traffic hazards and river pollution, was before Council. On notion of !-~. Young, seconded by I~. !lanes and unanimously adopted, the corz~unication was referred to the City Manager for disposition. S?0~! D~INS: A petition signed by thirty citizens living in the vicinity of Gnitford Avenue, Grandln Road and Carter Road, S. W., requestlnc the of a storm drain at the end of the 2400 block of Crandin Road, %~s before Council. On motion of ~. Waldrop, seconded by Mr. Minton and unanimously adopted, the request was referred to the City Manager for study and report. S~'~RS-WATER DEPAR~-~E~iT-A~EXATIO!I: Council having previously referred to a com_uittee composed of Messrs. Arthur S. Owens, G. It. Ruston, C. E. Moore, R. G. !'~lttle and H. R. Yatest a communication from Mr. Carl A. Montgomery, requesting permission to connect to the systems operated by the City of Roanoke sewer lines and water lines to be installed in a proposed subdivision designated as "Green%ood Forest" lying south of U. S. Hfgh%~y No. 221, adjacent to the west corporate limits of the city, for study, report and reco=uendatlon, the following additional cor. nunication from !Ar. Hontgomery requesting that the area be annexed, was before the body: "March 11, 1984 Roanoke City Council Roanoke, Virginia Gentlemen: I, Carl A. Montgomery one of the undersigned, m~ the sole owner of the following three lots or parcels of land now situated in the County of Roanoke, Virginia, and described as follows: PARCEL RO. 1 BEGINNING at ~A', a large white oak corner to G. Lee Hof%~nger on the line of the property of the Rlch_uondDevelopment Co.; thence with the line of G. Lee Hofwanger and the G. E. Trout line, N. 48° 54' W. passing a large poplar at 54S.feet and a white oak at 681 feet, a total distance of 870 feet to 'B' on the line of Richard Heights; thence N. ~2° 12' E., with Richard Heights 20 feet to 'C'; corner to Richard }{eights and Corbieshaw; thence with Corbieshaw, N. 79° 46' E. 1190.2 feet to an iron pin at 'D', corner to Rlckmond Development Co.; thence with Ricknond Development Co., S. 8' W. 957.5 feet to a white oak, at the place of BEGINRIKG, con- taining 9.69 acres, more or less, as shoun by the map of the George Gsrst, Sr., Estate made by C. B. Malcolm, State Certified Engineer, April 26, 1929, and being the same property conveyed to G. E. Trout by R. W. Kine and A. C. Hopwood, Special Commissioners by Deed dated June 1S, 1929~ and recorded in the Circuit Court Clerk's Office of Roanoke County in Deed Book 187, page 528. PARCEL NO~ ~ BEGINNING at a stake on the line of the land sold By J. Bo Garst to Lee Hof~an£er~ 7 acres 26 poles and the 9.69 acres of O. E. Trout~ purchased of the George Oarst, Sr.~ Estate, which said stake is 61.875 feet N. 50° 16~ ~. to a marked black oak; thence with the line of the said Go Lee Ho!ranger land S. 56° 15~ W. 668.275 feet to a stake; thence S. 24' 42~ W. 429 feet to a point~ corner to the Early Clark and G. Lee Hof~mnger lands; thence with said Clark line N. 76° ~0~ W. 225 feet to a polnt~ corner to said Clark and the tract of 0.61 acres sold by O. Trout to W. E. Morgan; thence with Morgants 0°61 acres N. 0° 44~ 375.95 feet to a point which is marked by five tacks in the south root of an oak; thence N. 21° 27' E. 916.20 feet to a stake which is 20 feet south of the corner to Cerbieshaw lands and corner to the said G. Eo Trout 9.69 acre parcel; thence with said Trout parcel So .50° 16~ E. 812.576 feet. passing a marked oak at 195 feet and a marked poplar at an additional 128 feet, to the point of BEGINNING, and containing 12.90 acres according to a survey made for G. E. Trout by %?. Lo!ton Sm/th. State Certified Engineer, February 5, 1925, and being a portion of same property conveyed to George E. Trout, by J. B. Garst and wife by deed dated October 4, 1919, and of record in said Clerk's Office in Deed Book 99, page 429. PARCEL NO. 3 BEGINNING at the point of intersection of the westerly boundary line of the Corbieshaw subdivision of Randolph Henry with the present southerly side of U. S. Highway Route No. 921; thence along the said southerly side of said Highway (60 feet wide) S. 49a 57t W. S0.4 feet to a point; thence leaving said Highway, and with a new division line thru Lot 1 and Lot Block 2, of Richard Heights Map, S. ~2° 5~' E. 160.6 feet to a Delhi on the westerly llne of the property of G. E. Troutl (this paint l~ H. ~1a 27' E. 10 feet from the center of a blazed 8" white oak;) thence along the said westerly boundary line of the aforesaid G. E. Trout, passing thru an old iron pipe at the southwest corner of that certain 9.69 acre tract of G. E. Trout of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book Q~ page 221, in all N. 21° 27' E. 61.58 feet to a point, corner to the aforesaid Corbteshaw subdivision of Randolph Henry; thence with the said Corbieshaw line, the same being the westerly corporation line of the City of Roanoke, Vlrginia~ N. 62~ 52' W. passing thru large maple tree at 128.7 feet~ in all a total distance aP 1~1 feet, to the place of BEGINNING~ and containing 9.167 acres and ~elng portions of Lots ! and 2, Block 2, of Richard Heights Map of record in said Clerk's Office in Plat Book 1, page ~28, according to annexed plat of C. B. Malcolm, S. C. E., dated May 6, 1944~ and being the smme property conveyed to G. E. Trout and Mary L. Trout~ husband and wife, by R. R. Richards, et al~ by deed dated May ~2~ 1944, and recorded in said Clerk's Office in Deed Book 313~ pa~e 99. I contemplate develop[nE the above tracts of ground and have laid off a plat and plan of this development which is now in the hands of a co.-r~itte( appointed by you gentlemen for the purpose of considering the installation of water and sewer to the s~me. This tract of land adjoins the corporate limits of the City of Roanoke on virtually three sfdes~ or in other words it is a pie shape piece of ground that fits into a similar triangle in the present corporate limits of the City. i and my wife would like to have this tract annexed to the City of Roanoke, Vlrginla~ and we do, hereby~ respectfully petition the Council for the City of Roanoke, Virginia, to annex this tract of which we are the sole o%~era to the City of Roanoke~ Virginia. We will be glad to follow any procedure that is outlined by the City for this purpose. Respectfully submltted~ (St~ned} Carl A. Montsomery Carl A. Montgomery (St~ned) Naomi G. Mont~ome: Naomi G. Montgomery" On motion of Mr. Woody, seconded by Mr. Waldrop and unanimously adopted, the petition %~s referred to the co,.-L~Ittee previously appointed tn connection with Mr. Montgomery's request for sewer and %~ter lines for their consideration. In this connectton~ Mr. Woody moved that the President, Mr. Webber~ be made member of the committee. The motion was seconded by !-~. %faldrop and unanlnously adopted. COMPLAINTS: A com~unicatlon from Mr. R. O. Carter, ~731 Cove Road~ N. calling attention to the dangerous open caves west of the lake in the Fairland section Just off Cove Road, N. ~.) advising that children are playing in the caves and asktn~ that something be done to correct the condition, was before Council. On motion of Mr. Minton~ seconded by ~-~. Waldrop and unanimously adopted~ the matter was referred to the City Manager for disposition. 233 RE~ORT$ OF OFFICERSz STREET LISHTSz The City Manager sul~uitted the following report in connectior with the installation of street lights at various locations in the City of Roanoke~ "Roanoke~ Virginia March 15, 1954 To The City Council Roanoke, Virginia Members of Council~ I vould like to reco:~end the installation o£ tva lights~ (1) Corner of Clarendon and Sunrise. (2) Rollins Road, in conformity of the following letter from the Holllns Road Civic League{ 'February 23~ 1954 iL. Arthur S. Owens City Manager Municipal Building Roanoke, Virginia Dear F~. Owens: At the regular meeting of the Hallins Road Civic League, held February 1, 198~, a request was made for a street light on Wilkes Road~ N. E., between Mollins Road and Sand Road on pole number ALP 230-7019. A petition with twenty-four names was presented requesting installation of this light. The League requests a reply at your earliest convenience. Yours very truly, (Signed) James H. Taylor James H.RTaylor-President Hollins oad Civic League 2806 Rldgefield St.~ N. E. Roanoke ]2, Virginia' Respect~'ully submitted, (Signed) Arthur S. City Manager" Mr. Hanes moved that Council concur in the report of the City Manager and offered the following Resolution: (~1~079) A RESOLUTION authorizing the installation of one ~SO0 l~men over- kead incandescent street light at the corner of Clarendon Avenue and Sunrise Avenue N. %.f., and one ~$00 lumen overhead incandescent street light on Wilkes Road~ N. between Rollins Road and Sand Road (Pole ~30-7019). (For full text of Resolution, see Ordinance Rook No. ~0, Page Mr. Hanes moved the adoption o£ the Resolution. The motion ¥.~s seconded Ly Mr. Minton and adopted by the following vote: AYES: Council members Ranes, Minton, Pickett~ Waldrop, %~oody, Young, and the President, }-~. Webber ........... 7. NAYS: None .................. O. STO~} DRAINS: Council having heretofore referred to the City Manager for investication and report~ requests from }~. R. W. Dilcher and }~. T. It. Oyler livinl in the ~900 block of Forest ttill Avenue, N. W., that steps be taken to relieve the drainage problem in the vicinity of their homes~ he submitted the following report: "Roanoke, Virginia March 1~, 1984 To The Clty Council Roanoke, Virginia }{embers of Council: You referred to me at our meeting on ~rch l, 19S4, two communications concerning drainage on Forest Hill Avenue. Members of the Engineering Department ar~ I are very familiar with this area. We have investigated not only the street, but many private properties as well, to offer suggestions to relieve ~he situation. The ~ter that floods these basements comes off private property to the rear of the two properties concerned. Therefore, ! cannot see where the City can offer any help in the alleviation of this dralnage problem. Respectfully suh~i t ted, (Signed) Arthur S. ~'ens City ~(anager" On motion of Mrs. Pickett, seconded by Mr. Woody and unanimously adopted, the report of the City Manager was concurred in. AIRPORT: The City Manager submitted the following report in cormectlon with air conditioning and readvertlsing for bids for the Airport restaurant: "Roanoke, Virginia ~arch 18, 1954 To the City Co,~ucll Roanoke, Virginia ~[embers of Council$ With the approach of the s~v~er months~ it appears imperative that ~e consider air conditioning tke airport restaurant, as we cannot expect any acceleration of business with other restaurants offering narc conducive conditions than ours. 2~r. ~-fare took the airport restaurant as OUr only bidder. In lS months time he has averaged paying us approximately $160 per month. I have had estimates made on the cost of installation in t~o steps: (!) Installation of a unit at $2,623.00. (2) A subsequent tower for recirculation purposes at a cost of $500.00. It would seen to me that Council decide on one of two approaches to this problem: (1) To install the air conditioning ourselves and re-advertts on the basis of securinE the best bid possible for the use of the restaurant (2) To advertise for a five or ten year contraot with the successful bidder installing the air conditioning unit, then observe if the added revenue indicate an amortization of the cost. In lieu of either of the foregoing methods, I would suggest the contrac remain in the status quo. Respectfully submitted~ (Signed) Arthur S. Owens City ~!anager" After a discussion of the report, ~.~. %foody moved that the matter be referr* back to the City Manager for further study as to the advisability and what the cost would be of air conditioning the entire building. The motion was seconded by ~r. ~!inton and unanimously adopted. In this connection, ~. Minton suggested that the City Manager also discuss with the restaurant operator~ Mr. O. B. %fare, what consideration he will give in a continuation of his contract if the restaurant or building is air conditioned. AI2~HOUSE: The City }[anager submitted written report from the Almshouse for the month of January, 1954, showing a total expense Of $1~E09.91 as compared ~ith a total expense Of $1,2S9.02 for the month of January, 19~3. The report was filed. DEPA~RTM~T OF PUBLIC %~LFARE: The City Manager submitted written reports ~overlng the expendt~lres and activities of the Department of Public Welfare for the month of January~ 1984~ in compliance with Sections ~$-67. t and 6S-67.2, Code 9f Virginia. The reports were filed. RECREATION DEPAR~.~NT: The City Manager submitted written report from the Department of Parks and Recreation for the month of February, 1954. The rep6rt was filed. 236 POLICE DEPART~?-DEPAR~{EN~ OF BUILDINGS* The City F2rmzer ~uh~ltted the following report with reference to changes in the personnel of the Police Departmen and the Department of Bulldir~s: "Roanoke. Virginia March 15, 1954 To The City Council Roanoke, Virginia Members of Council: ! wish to report to you the following personnel changes: Department of Butldin~ %I. E. Lester, resigned, effective March 15, 1954. Police Department Marvin O. Harris, resigned, effective March 15, 1954. Respectfully submitted, (Signed) Arthur S. Owens City Manager" The report was flled. CARVINS COVE: The Cfty Attorney having been requested to study the fishing regulations at Carvins Cove and to advise Council if they conform to recent changes in the State flshinC laws, he submitted the followlnf report: 'q[arch 10~ 1954 TO ~tE COI~CIL OF ~{E CITY OF ROANOKE: Gentlemen: At your meeting of March 8th, at the request of Councilman Minton, you directed me to study the fishing regulations contained in Ordinance No. 11418, adopted on the 5th day of ].{ay, 1952, and advise if they conform wlth recent changes in the State fishing laws. tilth reference to 'flshlnf' the ordinance provides: ~III. FISHING 1. It shall be lawful for all persons who shall comply with these regulations and the laws of the Commonwealth to fish within the unrestricted ~rea between sunrise and sunset, without paying any fee to the Clty for the privilege. Z. Fishing shall be permitted from boats, from the shore and, %~hen established, from fishing plers] but not from boat piers or within the boat docks. No fish, of any kind, taken from the %~ters of the area shall be bartered.' It is, therefore, obvious that anyone who complies with the other regulations contained in the ordinance (which deal primarily with 'boatfn~' and ~plcnicfng~ in the Carvins Cove area) and also the laws of the Common- wealth (as said laws may, from time to time, be amended) may lawfully fish within the unrestricted area 5etween sunrise and sunset, without paying any fee to the City for the privilege. Trusting this is the information desired, I am Respectfully, (Signed) Ran G. ¥~q~lttle City Attorney" The report %~s filed. CL~iM~-CI~f KMPLOYEES: Council having previously referred to the City Attar] for stndy and report a letter from Mr. J. T. Engleby, Jr., Attorney for ].Ir. Leonard Slgmon, requesting that the city %~lve its claim to be subrogated to the rights of Mm. Stgnon against an lndividua~ who in~ured him to the extent of hospital, medical bills and salary paid under work, oh's compensatlon~ he submitted the following repot "March 12, 1954. Council of the City of Roanoke. Gentlemen: At your meetingon March 8thyou referred to me for study and report the letter of Mr. o. T. Engleby, ~r., attorney for J. Leonard Sigmon dated ,! Harch 4, 1954t and addressed to the City Council. Hr. Engleby's letter contained the request that the City valve its claim to be subrogated to the rights of Hr. Slgmon against the individual who injured him to the extent o£ the hospital and medical bills incurred by the City in Hr. 51gmon's medical treatment and the compensation ~aid Hr. Sigmon during the period of time he ~as unable to disc~arge his duties as an employee of the City. This office understands that following Hr. ii§men's injury and hospitalization on August 22, 1953t }M. Sigmon~as paid a total of $$28.5~ by tho City during the time he was not able to work for the City~ that amount being paid by the City as workuen,s compensation at the rate of $25.00 per week. In addition, and Mr. Sigmon having been hospitalized and treated as a City patient, the City has incurred a hospital charge of $246.05 and a doctor's bill of $2~0.00, a total of $490.05 for medical expenses and treatment of this employee as a result of his injuries. This medical expense %~s likewise incurred by the City under the obligation of the Workmen's Compensation Act. This office is advised that the person who injured Mr. Sigmon was insured to the extent of $5,000.00. We are not advised as to the probable amount which 2M. Sigmon night be entitled to recover from said person Under the Work. men's Act, Section 65-S9 of the Code of Virginia, the following rights are given the City, as tlr. Sigmon's employer: 'In any such action' (against the party causing the injury) 'by such employee * * *, the court shall~ on petition or motion of the employer at any time prior to verdict, ascertain the amount of expense: for medical, surgical and hospital attention and supplies, and funeral expenses, incurred by the employer under the privlsions of this Act, and in event of Judgment against such person other than the employer the court shall in its order require that the judgment debtor pay such expen~s of the employer so ascertained by the court out of the amount of the Judgment, so,ar as sufficient, and the balance, if any, to the Judgment creditor'. Speaking of this and other sections of the Act, our Supreme Court has held that in an action by an injured employee against a ne~ligent third person, instituted by or for the benefit of an employer or his insurance carrier, the injured employee is entitled to the full amount of any carrier. The Court has also said that the employer is limited in his recovery to the amount he has paid or is liable to pay under the Act and the employee is entitled to all in excess thereof; that this section assigns to the employer so much of the recovery against the third party as he, the employer, is compelled to pay to or for the injured employee and that the employer may enforce this right of subrogation in its o%~ name or in the name of its injured employee. will have to pay as hospital and medical expenses for the treatment of Mr. Slgmon the s=m of $1,024.60, assuming that no further treatment of Mr. Sigmon wiI1 be necessary. Under the law the City has been subrogated to that extent to the rights of ~r. Sfgmon to recover against the party %,ho injured him and may, at its election, bring a suit against such party 24~ 1953~ this office gave notice to the insurance company !nvolved that the City claimed its rights of subrogation, as above-nent!oned. In our opinion, it is purely a question for Councilmanic decision as to whether or not the City will, as in other cases, insist upon its r~ghts under the statute above-mentioned or whether it will %nlve its rights and bear the full expense of the regrettable accident to ~.~. Sigmon. (Signed) J. ~. Kincanon Assistant City Attorney" After a discussion of the report, Mrs. Pickett moved that the request of ~;m. Engleby be denied. The motion %~s seconded by ~.~. Hanes and unanimously adopte( REPORTS OF CO~I?TEES: DEPA~RT~J~T OF PUBLIC %~ORKS: Council having previously referred to a committee for tabulation, report and rece~nendation bids received for furnishing the subr~tted a tabulation of the bids received and the following report: "March 11, 1954 Roanoke City Council Roanoke, Virginia Members of City Council: The following is a report and reco~endation by your co~mittee appointed to study bids opened before City Council on March 8~ 19~4, for the purchase of certain pieces of mechanical equipment. 238 On Wednesday, March 10, 1954, the cor~lttee conducted a meeting at which time interested equipment dealers had the opportunity to discuss their respective equipment. Four concerns were represented, all of which were interested in tractors, Attached hereto is a copy of the tabulation for bids on the tractor, roller and air compressor on which bids were received, TRACTOR AS sho%~ on the attached tabulation sheet, four firm bids were submitted on tractors~ with the low bid su~ltted by Eish Equipment Company for the International TD14A tractor and other additional specified accessories in the net amount of $12,741.00. Your attention is invited to an alternate bid submitted by the Carter Equipment Company on the Ceterplllar tractor in the net mmount of $12 which included a nonstandard angle dozer blade and power control less expensive angle dozer blade and power control unit is not normally equipped on the Caterpillar tractor and which it is felt to be unsuitable far as the City's needs are concerned. In checking with the other dealers, it %ns determined by the committee that they could have submitted bids on less expensive blades and power control units, which in return would have reduced all of their bids quite The three other concerns bid on what they considered their standard equip- ment and which was the intent at the time the specifications were drafted. It is recommended, therefore, that this alternate bid by Carter Machinery Company not be considered and the contract be awarded to Rish Equipment Company in the mmount of $12,741.00. It is further recommended that if serious consideration is given to the alternate bid of Carter Equipment Company that the bids for tractors he thrown out and new bids received, Yherein the specifications ~ill be clearly set out to require standard blsd~ and power control units to be used on the respective tractors. ROLLEHS As shown on the attached tabulation sheet, five firm bids were submitted on rollers. The low bid was submitted by the Richmond ~[achinery Company on the 10-ton gallion roller in the net amount of $6,S00.00. It is recom, nended therefore, that contract for the 10-ton galllon roller in the amount of $6,800.00 be awarded to Richmond Machinery Company. AIR COMPRESSOR As shown on the attached tabulation sheet, eight firm bids ~ere submitted on the ~15 cubic foot air compressor. The low bid was submitted by Cary Hall Machinery Company on the ~orthington Air Compressor in the mmount of It is recommended, therefore, that a contract be a%~rded to Cary Rall Machinery Company in the amount of $6,879.39 for the above-mentioned machine bid upon. Respectfully submitted, (Signed) R. B. Purchasing Agent (Signed) Jno. L. %fentworth Director of Public Works (Signed) H. Cletus Broyles City Engineer (Signed) E. H. Richardson Superintendent, City Garage" In a discussion of the matter, Mr. C. E. Showalter of Rish Equipment Company, Mr. Fred Camuer of Remiss Equipment Corporation and }~r. Be!rue B. Carter of Carter Machinery Conpany~ Incorporated, appeared before Council in connection !with bids submitted on the tractor, Mr. Sho%~lter advising that his company did not submit an alternate bid since the Request for Quotation did not request one and that if Council does consider alternate proposals his company would like to be give! opportunity to submit additional quotations. Mr. Cammer advised that in his opinion the Bemiss Equipment Corporation bid does meet the specifications as set out in the request and called attention to spec! features of his equipment. }~. Carter urged that his alternate bid be considered, advising that in his opinion the bid is in keeping with the request submitted by the city and that he see no reason for his bid not being considered as low bid. Hr. %~ldrop voiced the opinion that if the alternate bid meets the require- ments of the city and the conditions set out in the Request for quotation it should ~ considered as low bid and moved that the alternate bid of Carter ~achinery Company, Incorporatedt for one tractor be accepted in the a~ount of $12,655.48o Th~ motion was seconded by Mr. llanes. In a discussion of the motion, Mrs. Pickett advised that she feels the reco=~endation of the co=~ttee should be considered if the alternate bid is to be accepted and that perhaps all bids for the tractor should be rejected; whereupon, Mr. Minton offered as a substitute motion that Council concur in the reco=~endation o£ the co~mittee and that the City Attorney be requested to prepare a resolution rejecting all bids submitted on the tractor and authorising the City Manager to readvertise for proposals on a tractor. The motion was seconded by Hrs. Pickett and adopted by the following votes AYES: Council members Hanes, Minton, Pickett, Woody and Young ........ RAYS: Mr. Waldrop and the President, Hr. Webber ........... 2. In this connection, Mr. Hanes offered the following Resolution accepting th~ proposal of the Richmond Machinery and Equipment Company, Incorporated, for one roller in the amount of $6,S00.00: (~120~0) A RESOLUTION accepting the proposal of Richmond Machinery and Equipment Company, Incorporated, Richmond, Virginia, for furnishing the City of Roanoke one roller for street repair, in the amount o£ $6,200.00 net, FOB, Roanoke, Virginia; authorizing and directing the Purchasing Agent to purchase the roller in iaccordance with said proposal; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. CO, Page 12S.) Mr. Hanes moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Hanes, ~.~tnton, Pickett, ~'faldrop, Woody, Young, and the President, lit. %'ebber ........... 7. RAYS: None .................. O. Mr. %~oody then offered the following Resolution accepting the proposal of gary Hall Machinery Company for one air compressor in the amount of $6,948.88, FOB Roanoke~ Virginia, 1 per cent 10 days: (f12081) A RESOLUTIOR accepting the proposal of Cary }{all Mackfnery Company~ Salem, Virginia, for furnishing the City of Roanoke one alt compressor for sewer !and drain construction, in the amount of $G,948.88~ FOB, Roanoke: Virginia, 1% 10 d~ i!authorlzing and directing the ~archastng Agent to purchase the air compressor in accordance with said proposal; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page l~S.) Mr. Woody moved the adoption of the Resolution. ~"~.e~tfon %~s seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Hanes, ~[inton, Pickett, Waldrop~ Woody, Y~ung, and the President, ~.~. ~.febber .......... 7. RAYS: None ................. O. Lq{FINISHED BUSIb"ESS: PERM_~NENY YOU~H CO~[ISSIOR: Council having previously taken under advlsemen~ the matter of appointing eight members to the Permanent Youth Commission whose terms expired on December el, 1953, the matter was again hefore the body. In this connection, ~-[rs. Pickett stated that something should be done about the Co~mlssion, advising that she has met with a group of the members and that they 23'9 240 believe the Commission should be streamlined, Mrs. Pickett further stating that the group was of the opinion the Permanent Youth Commission can render a service and advising that she has three suggestions for Council's consideration, they being (1) [hat the eight vacancies on the body could be filled, which would retain the aenbership of thirty-two members, (2) that the Com~lssion could be strem~lined with a membership not to exceed five, and (3)'that Council could recognise the Com.~lssior as a floundering body for no reason of its oar and dissolve it. In a further discussion of the matter, Mrs. Pickett recommended that Council appoint a co.~ittee to meet with the group; whereupon, Mr. Young moved tb~t a comnlttee composed, of Mr. Hanes, Mrs. Pickett and Mr. Robert P. Hunter be appointed to meet with the Co.~_qission for a discussion of their problems and seek to arrive a more workable n~uber of members, the co..~'aittee to reco=~end appointees and to rope its findings back to Council. The motion was seconded by ~. Minton and ~unanimousl adopted. CONSIDERATION OF CLAI}.~: None. INTRODUCTION AND COL.'SIDERAT~ON OF ORDINANCES AND RESOLUTIONS: %:ATER DEPARtS{T: The City Attorney havin~ been requested to prepare the proper Resolution authorizinc and directing payment of $2~S~.S3 to Corer Construc- tion Com~any~ Incorporated, for additional work done by the company in connection wlth Project !'~o. 4 of the ?later Department~ in accordance with the recom~endation of Council's co~mittee~ he presented sane; %chereupon~ ~'!r. Young offered the foltowlng emergency Resolution: (#12082) A RESOLUTION authorizln~ and dlrectfng the payment of to Corer Construction Company, Inc. ~ as compensation for additional %.~ork done by said Company in performance of Project !(o. 4 of the ','~ater Department; and providin~ for ~n euergency. (For full text of Resolution~see Ordinance Book No. 20, Page 1~4.) ]!r. Young moved the adoption of the Resolution. The motion was seconded by !.!r. Minton and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, ~aldrop~ Woody~ Young~ and the President~ Mr. %~ebber .......... 7. NAYS: None ................. O. MOTIONS AND MISCELLA?~OUS BUSI!~"ESS: None. There being no further business, Council adjourned. APPROVED Clerk ~ President COUNCIL, ~EGULAR F~ETING Monday, March 22, 19~4. The Council of the City of Roanoke net in regular nesting in the Circuit Court Room in the Hunicipal Bu/ldin~l.tonday, Fmrch 22, 19~4, at 2:00 o~clcck, p. m. the regular meeting hour, with the President, ~.[r. Webber, presiding. FRES~2iT: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............... 7. ABSENT: None .................... O. OFFICERS PRESEN2: Mr. Arthur S. Owens, City Manager, rM. Randolph 6. E~nittl~ City Attorney, and Mr. Harry R. Yates, City Auditor. The meeting was opened with a prayer by the Reverend P. G. Cosby, III, Pastor of Nortk~lnster Presbyterian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, March 8. 19S4, having been furnished each member of Council, upon motion of ~.M. Minton, iseconded by Mr. Hanes and unanimously adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PL~LIC ~TTERS: CLAII.~-WATER DEPAR~*[FJ{T: Council, by a rmJority vote, having previously declined to concur in the recormendation of the City Manager that the city plant ifour trees and rebuild two brick pillars in settlement of a claim in the amount of 5201.50 submitted by Mrs. Lena H. Arnold for alleged to her damages property result of the erection of a fence at the %fashington }{eights Elevated Tank Site, Mr. A. Llnwood Holton, Jr., Attorney for Mrs. Arn~ld~ appeared before Council and !! presented a subsequent request totaling $568.00 for damages. In this connection, rM. Holton reviewed the actions of Council in the mattex and stated that he feels the body has made an error in denying the request for dmuages to ~Ms. Arnold in that they did not have all the facts properly presented and requested that Council consider the case further, Mr. Holton explaining by means of a map that Mrs. Arnold's claim covers two phases of damage, first, for the pillars which were on the line, and second, for flowers, shrubs, trees and a hedge which were destroyed on a strip of land measuring nine feet by one hundred twenty feet which he claims was her private property. After a discussion of the matter, Mr. ~aldrop moved that the subsequent request for damages in the amount of $565.00 be referred to the City Manager and the City Attorney for the purpose of determining if }.Ms. Arnold has a claim and if so whether it is against the city or against the contractor who built the fence. The motion was seconded by rM. Hanes and unanimously adopted. POLICE DEPARtmENT: Council having previously taken under advisement the request of Mr. Morton Honeyman, Attorney for Virginia Cigarette Service Corporation that an ordinance be enacted prohibiting members of the Police Department from engaging in the vending machine business or any other business which his position as a police officer, either directly or indirectly, gives him an advantage over other citizens or taxpayers of the City of Roanoke, I.M. Honeyman again appeared before the body. In this connection, the President, Mr. Webber, asked the City Manager if he had a report to make on this question; whereupon, the City Manager advised that he has an mmendment to the rule book covering the Police Department and presented the following: 241 "~arch ~2~ 1954 Ro member of the Police Department shall engage in any other employment or in any other private business, nor, in the conduct of a profession, during the hours for which he is employed to York for the Department, nor outside such houret either directly or indirectly, in any manner or extent that adversely affects the Police Department° Since members are subject to a call on a PA-hour baslsl thereForet any member who desires to enga§e in an outside activity, other than extra police duty, shall secure written permission of the superintendent of police prior to actual participation. This rule shall be effective on and after April 1~ 19~4.". PLr. Honey~an advised that the rule and amendment parallel that of the State Police rule book and that it is his understanding the State rule prohibits vending machine operatlons~ advising that he accepts the ruling of the City F~nager. With further reference to the matter, }M. W. }looker tiarbour, Attorney representing the police officers, appeared before Council and advised that he ~s taken considerably by surprise by the ruling of the City Manager and asked the City }~nager if this rule applies to vending machines, the City Manager advising that he will make that ruling when the time comes. }M. Harbour stated further t.hat ~hatever the ruling may be the officers will abide by it, advising that it has been his position all along that under the of the City Charter it Is an administrative matter. No action ~s taken by Council. STADI~i-}LRt~R FIELD: Council having previously referred to the Stadi~ ,dvlsory Co=aittee the Municipal Stadi~ and Athletic Field Bental Ordtnance~ with the suggestion that the cox~ittee give consideration to reducing prevailing charges for all uses it feels should be encouraged, I.M. Robert P. Hunter, Dlreotor of Parks and Recreation, appeared before Council and submitted the follo~ing report from the cor. uittee: "March 18, 19~4. TO HONORABLE MF2.~ERS OF CITY COUNCIL: Pursuant to motion adopted by your body on Monday, March 1, 1954, the Stadi~ Advisory Committee has given thorough study and investigation to rental charges applying to Maher Field covering Stadl~u, Athletic Field and other parts of the property and hereby strongly recommends: i - 8~ a~uission tax which Is both a nuisance and obnoxious to local and visiting public, be abolished. ~ - On date this becomes effective establish new rates as follows for sections specifically mentioned: 'ARTICLE 1 Section 1 Professional Baseball - Day Events 10% of all gross receipts Section 2 Professional Baseball - Night Events 10% of all gross receipts Section S Amateur and Semi-Pro Baseball - Day Events (Both out-of-to~ temps) (If admission charged) 10% of all gross receipts t~ateur and Semi-Pro Baseball - Day Events - (One or both local teams) (If admission charged) 4~ of all gross receipts Section 4 A~ateur and Semi-Pro Basetmll - Night Events (Both out-of- to%~ teams) (If admission char~ed) 10% of all gross receipts i~ateur and Semi-Pro Baseball - Night Events - (One or both local teams) (If admission charged) 4~ of all gross receipts Section 5 Soft~all - One or more local temns 4% of all gross receipts Section 6 Softball - Out-of-torn teams 10~ of all gross receipts Section ? Softball ?ou~nanent - (All te=~ whether local or out-of- to~) 1~ of all tross receipts ~ection 8 Foot~ll - High 1~ of all tross receipts~ ~hich ~11 include season ticket sales~ or a min~ of $~.~ per day~ whichever Is greater. Federal a~ission taxes to ~ deducted from the gross receipts. Lessee shall have progrm~ rights. Section 9 Foot~ll - College and University 1~ of all gross receipts; provided, hovever, that when a college or ~iversity schedules a g~e to be played in the stadi~ except on ~sgiving ~y or Ar~tstice Day, which would otherwise he a home gm=e for such college or ~iversity, and its students and/or faculty ne=bets ~uld be privileged to admission to the game, If played on home gro~ds, on a basis no~ accorded to the 2eneral public, the foregoing charge shall not be applicable to the ad=lsst charges to such students and/or faculty ne~bers~ if they be admitted to the gm~e so transferred on the same basis. Federal admission tax to be deducted from ~ross receipts. Lessee shall have prolrm~ rights. Section 10 Professional Football - ~y Events 1~ of all gross receipts or a mini~= of $100.00 per day, whichever Is greater. Federal admission tax to be deducte~ from gross receipts. ~ssee shall have progrm~ rights. Section 11 Professional Football - Night Events 10% of all gross receipts o~ a ninl=m~ of $100.00 per night, whichever is greater. Federal admission tax to be deducted fro~ gross receipts. Lessee shall have progra~ rights. Section 14 Ice Sho~s, Water Shows, 1Mstcal Events, Stage Pc~uctions, Etc. $2~.~ ~nin~ charge, per day, on attendance not exceedin 3t499. l~ere the attendance Is between 2,~ and 4,49~ - 8~ of gross receipts. ~ere the attendance is between 4,5~ and 5,499 - 9% of gross receipts. 1,~ere the attenda~ Is 5,5~ and over - 10% of ~ross receipts. Federal ad~lssion tax to be deducted from ~ross receipts. Lessee shall have program rights. Section 19 Night Lights 1~ere any lessee desires to use the City's night lightin~ systen an additio~l charge of $50.00 per night for Stadl~ Lights and $25.00 per night for Athletic Field lights, sha] be paid.' S - Changes above recommended represent a reduction of between 25% and 3~ on rates and taxes involved when City admission tax is abollshed. 4 - On all sections of Ordinances not specifically mentioned on attachf shee~s, present rates and charges should continue In effect. 5 - '~ere no admission is charged to Stadium, Athletic Field or any part of Maher Field property to he used, same should be furnished free except re~ar fees are to apply for lights and audio system If used. ~ese changes should be ~de effective as quickly as possible in vie~ of kno~ activities to be scheduled and those contemplated by individuals and organizations at later dates. Respect~lly, (Signed) Clyde Cocke Clyde Cocke, Chatr~n, Stadi~ Advisory Co~uittee" In a discussion of the report and recommendations, t~. H~ter advised t~t it is the intent of the co~ttee that the 5% ad~ssions tax be rescinded as it applies to all events in the city. /.40 244 In a further discussion of the matter, }Ir, young asked Mr, Hunter what effec the repeal of the admissions tax would have on the revenue at Maher Field, Mr. Huntc advising that the removal of the tax and the proposed loverlng of rates would a lesser income for the city, but he feels that additional attractions at Maher Flel will more than offset the loss, After a further discussion of the matter, Mr. Woody moved that Council take the reconnendations of the committee under advisement and that the City Auditor be asked to make an analysis of the revenue status from the standpoint of the proposed abolishing of the admissions tax and possible gain through a wider use of the Haher facilities. The motion was seconded by }~. Waldrop and unanimously adopted. In this connection the City Clerk,%~s instructed to send copies of the )f the Stadl=~ Advisory Com~L[ttee to each member of Council. At this point, }~. Hunter presented the following recommendation from the Stadium Advisory Connittee in con~ection with constructing a pedestrian bridge River from South Roanoke Park to }~her Field: "March 18, 19~4. TO HONORABLE Mt~fB~S OF CI~f COUKCIL: Considerable thought and study have been given by this Committee to construction of a suitable pedestrian bridge from South Roanoke Park to Maher Field property, same being badly needed and would definitely be a great asset. It, therefore, respectfully recommends that such a bridge be built promptly on a self-llqutdatton basis. A nominal charge of 5~ or 10~ per person should be made, to be paid when entering Maher Field from South Roanoke Park; this charge to be continued until receipts therefrom cover complete cost of the bridge. Suitable turnstile or gate should be installed for handling collectlon of charge and signs advising publlc of this charge should be erected at South Roanoke end of the bridge to avoid any complalnts or confusion. Due to congestion which results after events no charge should be made to persons leaving the property via this bridge. A suitable secondhand bridge span could possibly be obtained from some secondhand dealer, State Highboy Co~misslon, bridge company, or one of the railroads in this vicinity which ~ould keep cost of project do~ to a Respectfully, (Signed) Clyde Cocke Clyde Cocke, Chairman, Stadium Advisory Committee." On motion of ~.~. Hanes, seconded by 1.~. ¥~aldrop and unanimously adopted, the · ecomnendation%ras referred to the City Auditor and the City ~.~nager for study, consideration and report back to Council. %!ATER DEPAR~.~HT: Mr. R. I. Brooks, 15 Mountain Avenue, s. W., appeared Council and presented a request that he be furnished %mter and sanitary sewer to accommodate property ~hich he o~ns located in Roanoke County on Route No. 460, west of Peters Creek Road, advising that he will lay a one-inch %mter llne from his property to the City's ~ater main located in Route No. 460 at his o~n expense and pay all other charges required by the city, but that he is not financially able to meet the requirements expected from a subdivision and that he only %mnts service for one house. After a discussion of the matter, ~.~. Minton moved that the request be referred to the City Manager for study and disposition. The motion was seconded by Hanes and unanimously adopted. PETITIONS AND COHHUNICATIONS~ STREET IHPROYEH~NT$~ A petition signed by thirty-seven citizens living on Ethel Road, S. E., requesting that the lOO0 and 1100 blocks of Ethel Road be paved~ ~s ~efore Co~cll. On ~otion of ]M. Yo~g~ seconded by ~.M. ltanes a~ ~nimously adopted~ the ~e~ition ~s referred to the City ~ger for study, report and reco~endation. ~GIS~TION-~t~ OF VIRGINIA I~IClPALITI~ Copy of a co~lcation ~ddressed to the City l~ger from ~. Ilarold I. ~ues, ~ecutive Secretary, Leagu~ of Virginia M~lcipallties~ expressing appreciation for the sple~ld leadership by Senator Fitzpatrick a~ ~legates Gregory and Rutherfoord in carrying out the legislative progr~s for cities and to~s during the recent session of the General Assenbly, was before Co~cll. ~e co~u~lcatlon ~s filed and the City Clerk instructed to send copies of the letter to Messrs. Fitzpatrick, Rutherfoord and Gregory. S~S-WA~ DEP~.~IT: A co~u~lcation fron ~.~. R. G. Culbertson, reco~uendtng that before ~ture co~ections of ~mter and se~m~e are ~de for citize~ and businesses of the fringe, or bordering areas of the city, it be care~lly welgh~ so as not to deny any of these benefits or lnpare the service to the citizens of th~ city, and advising that it is his belief the city should strive to ~ke the city attractive and beneficial to those outside citizens that they ~ould request to beco~' a part of the city, thereby rightfully sharing In the benefits of the water and After a discussion of the ~tter, the co~uunlcatlon ~s filed. ~ DEP~NT: A co~lcation fron I.~. G. J. Sch~.mrtz, tn co~ection with the cancellation of the relief grant of Mrs. Ora Jonson, ~ms before Council. After a brief discussion of the ~tter, Mr. Woody ~oved thut a copy of the co~lcatlon be forwarded to the State Board of Welfare for their lnfor~tion. Th~ ~otion was seconded by l~. tlanes and unanimously adopted. WA~ DEP~-~T: The following co~lcation fron Mr. Ernest U. Ballou, Attorney representing I.~. and I~s. He~y Rarmabass and 2.~. K~ett E. Greeley, tn co~ection with a portion of the Falling Creek Reservoir pipeline right-of-~y, before Co~cll: To: CITY COUltCIL City of Roanoke Roanoke, Virginia "March 19, 1954. In re: Falling Creek Water Line right of way. Gentlemen: On October 1, 1898, Ellis L. %Iright, et als, entered into an indenture with the Vinton-Roanoke %later Company which provided, among other things, that the Company should have the right for a period of fifty years 'to construct, maintain and operate ... a pipe llne ... through and along' certain lands in Bedford and Roanoke Counties. As to rene%~l the indenture provided: 'At the end of the said neriod of fifty years from the date hereof, all the estate, right, title, and interest hereby granted or acquired, shall cease and determine, and all liability hereby imposed upon eithe] party hereto, shall be discharged; PROVIDED, H~.~VE~, that the party o: the second part s~mll have the right to continue this indenture in full force and effect for a further period of fifty years, by giving ninetyl days' notice ln writing of such desire and intention previous to the end of the first mentioned period of fifty years.' At the tine of the execution of the indenture Ellis L. Wright o~med a tract of land in Roanoke and Bedford Counties as described in a deed from Ida F. Graves, et als, to E. L. %fright, dated December 13, 1892, recorded in Roanoke County, Virginia, in Deed Book 10, page 337. Insofar as Wright %~s concerned it was through this land that the fifty year right of %~y was granted. 2'46' In 1948, when the fifty year period expired, no effort ~as made by the City of Roanoke, successor tn interest to the Vinton-Roanoke Water Company, to renew the indenture for additional period of fifty years, nor had the City acquired the right o~~ay through other neanso It ~ould appear thent that the City has been a termnt by sufferance only, since In the meantime, the Wright tract ~as cold and divided, the present ovners of the land through~hich the~ater line passes being Hr, and HrSo Henry ttanna~ass and Hr° ~ott Eo Greeley. Their respective tracts and the approximate location of the v~ter line are sho~ on the accompanyin§ the plat herin§ been prepared by IM. J. R° Rlldebrand of the City Engineer- ing Delmr tment. On behalf of I.M. and ILs. IIanna~asa and Hr. 6reeley, I offer to the City a perpetual easement for a water line right of ~y and appurtenances throuEh their lands In Roanoke and Bedford Countiea, as shown on the accompanying plat, for the purpose of maintaining, using and repairing the existing water line as presently located and for re-laying! or additional linea therein and using, maintaining and repairxng sane} the easement to be 20 feet in width, the center line being the ~ater lxne as presently located, together with rights of ingress and egress, upon the following terms: Hanna,ass L~nds: Valuation of right of %~y .............. $470.00 Rent for use of right of 6% Interest per ann=n on $470.00 from October 1, 1948, to date of settlement, April 1, 1954, (5 1/2 ........... ~lSS.lO years) ............. Total .... $62~.10 Greeley Lands: Valuation of right of way ............... $~15.00 Rent for use of right of 6% interest per ann~ on $315.00 from October 1, 1948, to date of settlement, April 1, 19~4, (B ....................... years)- Total .... $418.95 In addition the lando%~ers expect assurances from the City, desiring these to he set forth in any deed which .nay be executed that: (a) The City to compensate the landowners for any damage to the lands adjacent to the right of way resulting from the negligent use of the right of %my by the City, or by reason of the City's going to and from the right of way. (b) If the land within the right of way is eroded by reason of the use thereof by the City, then the City, after notice, is to replace the land to conforn as nearly as practicable to the topography of the adjacent land. (c) The City to give the lando%~ers the right to connect to the water line and purchase water from the City~ subject to the City's general rules end regulations in effect at the time of connection and those made and to be mmde governing users of ~ater outside the City Limits. This offer ia firm through March 31st~ 19~4. Very truly yours, (Signed) Ernest W. Ballou Ernest %~. Ballon, Attorney for }~. and ~s. Henry Rannabaes and ]~. E~mett E. Greeley." In a discussion of the matter, the City Attorney advised that he %~uld lik~ to discuss the question with the members of Council in an executive session since th! request is in the nature of a claim. Later during the meeting~ an executive eessionwas held at which time the City Attorney explained the details of the request, after which Council reconvened -~. Minton offered the following emergency Ordinance as prepared by the City Attornel ~ith reference to the easements: (~12083) AN ORDIN~{OE authorizing and directing the acquisition of perpetua easements for certain portions of the Falling Creek Reservoir pipeline; providing for the payment therefor; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 137.) Hr, Minton moved the adoption of the Ordinance. The motion vas seconded b~ Hr. Waldrop and adopted by the followin~ vote~ AYE~ Council members Hanes, Hinton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............ 7. NA¥S~ None---k ............... O. REPORTS OF OFFICERS~ STREETS AND ALLEYS~ Council having previously referred to the City Manager for study and report a petition signed by twenty-seven citisens and property owners in the ~400 and :kSO0 blocks of Princeton Circle, N. E., asking that their street te widened and repaired and advising that the property owners agree to pay their lortion of the sidewalk installation, he submitted the following report~ "Roanoke, Virginia March 22, 19S4 To The City Council Roanoke, Virginia Members of Council~ You recently referred to ~e a petition fro~ residents on Princeton Circle. We have ~uade a very careful and studious analysis of this street with reference to widening and the proposal to donate land. ! feel that since Princeton Circle is not a main thoroughfare and is primarily a residential street, a forty-foot width along this street would be sufficient for a great n~ber of years. I would suggest and recommend that if and when the o~ers of the property fro~ Btrch~'ood to Wentworth Avenue decide to pay one half the cost of curb and gutter for a forty-foot width street, the City match these funds and place the proposal in sequence behind those citizens ~ho have already been assessed and properly recorded ~heir proposed cost. I might add that it would be impossible to accomplish this in 1954 due to our already heavily loaded co~l~uents. However, it night be wise to prepare now to have the work done early in 1988. Respectfully submitted, (Signed) Arthur S. Owens City ~nager" On motion of Hr. Hanes, seconded by ~. Waldrop and unanimously adopted, the reco~uendation of the City ~nager was concurred in. CITY M~YSICIAN: T~e City Manager submitted ~rritten report from the City Physician for the month of February, 1984, showi~620 office calls and 084. prescrip- tions filled, as compared with 6ES office calls and 843 prescriptions filled for the month of February, 19SS. The report was filed. REPORTS: TT~e City ~nager submitted written reports from the Department of Public Works and the Health Department for the month of February, 1954. The reports were filed. %~TERDEPART~NT: The City Attorney presented the following letter together with copy of the court opinion and decree in connection with the To,~ of Vinton v. City of Roanoke .~rater rate case: "Pmrch 18, 1984 To the Council of the City of Roanoke Gentlemen: I am pleased to transmit to you herewith a copy of the opinion delivere by2Ar. Justice Spratley in the Supreme Court of Appeals of Virginia on March 18th in the case of the appeal of the Town of Vinton v. City of Roanoke. A reading of the opinion will indicate that the Supreme Court has upheld in every particular the final decree entered in the case by the Circuit Court for Roanoke County. 247 For the completeness of the City Clerk*e records, there is also enclosed herewith a copy of the Trial Court*e final decree a~oye-mentioned which is affirmed by the opinion of the Supreme Court, above referred to. RespectfUlly, (Signed) Ran G. ~ittle City Attorney." The letter, together with copy of the opinion and final decree, was filed. In this connection, the President, rM. Webber, requested the City Clerk to esd the followin~ letter from the Council of the To~n of Vlntonl "March 20, 1984 lion. Roy L. Webber, Mayor City of Roanoke Roanoke, Virginia Dear Sir: The Council of the Town of Vlnton at its meeting on ¥~rch 16, 1984, appointed a co~uittee consisting of Mayor Nelson R. Thurman, Town Attorney W. W. Wood, and TownHanager, Guy L. Gearhart to confer with officials of the City of Roanoke regarding the settlement of issues involved in the The Council of the To%~ of Vinton requests that the Council of the City of Roanoke designate those with whom this co~uittee may confer concer~ lng the above mentioned matter. Yours very truly, (Signed) F. M. Hayden F. H. Rayden, Clerk" In a discussion of the matter, ~. Woody suggested that Council appoint a 'or the purpose of expediting negotiations with representatives of the Torn of Vlnt¢ After a further discussion of the matter, I~M. Woody offered the following lesolution appointing the co=uittee: (#12084) A RESOLUTION appointing a committee to confer with a co~uittee' ~eretofore appointed by the Council of the To%~ of Vinton regarding the settlement (For full text of Resolution, see Ordinance Book Ilo. 20, Page 1S9.) IM. Woody moved the adoption of the Resolution. The motion %ms seconded by lMs. Pickett and adopted by the following vote: AYES: Council members Hanes, Hlnton, Plckett~ Waldrop, Woody, Young, and the President, 1.M. Webber ............. 7. NAYS: None ................... O. BONDS: The City Auditor submitted the following report with reference to ref~udlng $1,160,000.00 in bonds: "March 11, 1984 City Council Roanoke Virginia Gentlemen: On July 1, !9S~, the City of Roanoke will have the following term bond due that will have to be refunded: 1. School Improvement - Series 'M' $ SO0,O00.O0 2. Bridge Improvement - Series 'N' 82S,000.00 S. Sewer Improvement - Series '0' SSO~O00.O0 4. Detention Mome - Series 'Q' 40,O00.OD Total Amount of Bonds due $1,218,000.00 As you know, our Si~king Fund is inadequate to meet these maturities. It is estimated that there will beavailabte approximately $88,000.00; therefore, the City will have to refund $1,160~000.00 of these bonds. It is recommended that the $1,160,000.00 in bonds be refunded as serial bonds over a period of twenty years instead of thirty years as before, with $68,000.00 due each year. It is recommended that these bonds be sold on ~My 12, 1954, dated June 15, 1954, and delivered June 22, .1954, For your information, I wish to call to your attention that the City of Roanoke will have to refund $900,000.00 in bonds due July 1, 1957, and $300,000.00 due January 1, 1961. After these bends have been refunded, all bonds will be on a serial basis. Attached hereto is a statement of maturities by years, and also present annual cost of the old bonds and estimated cost of the new bonds. Respectfully submitted (Signed) ;larry R. Yates City Auditor" Mr. Waldrop moved that Co~ucil concur in the recormendatlon of the City Auditor that the bonds be refunded as serial bonds and that t~e bonds be sold on ~-My 12, 1954, and moved that the City Attorney be requested to prepare the proper Resolution for presentation to Council. The motion was seconded by 1M. Minton and unanimously adopted. REPORTS OF CO!~ITTrr~: None. U~INIS!tED BUSINESS: None. CONSIDERATION OF CLAI~: None. INTRODUCTION AND CONSIDERATION OF ORDINanCES ~ND RESOLUTIONS: S~.'~E-~RS-WATER DEPAR~.~_.NF: Ordinance No. 12078, approving the proposal of the Virginia Holding Corporation to lay certain ~ter mains and sewer lines in i Patterson Avenue, S. W., as recently extended, having previously been before Counci ifor its first reading, read and laid over, ~s again before the body, Mr. Minton ioffering the following for its second reading and final adoption: (#1207~) AN ORDINANCE approving the proposal of Virginia Holding Corporatio~ to lay certain %;ater mains and sanitary sewer lines in and adjacent to the extensio~ of Patterson Avenue westward from Bridge Street, S. %!., and approving the laying of a connecting sanitary sewer at the equal cost of the City and Virginia Holding Corporation from lMnhole No. 90-A in the city's SS-inch interceptor llne along the north side of Roanoke River to proposed l. Mnhole No. 7 at the souther=uost point of the line of intersection between Virginia Holding Corporation's Lots C and D, all as shown on Plan and Profile No. 1460, dated February 28, 1954, on file in the Office iof the City Engineer; providing for the acquisition of requisite easezents for said isanitary sewer lines or portions thereof; providing for the performance of the work lof laying said water mains and sanitary sewer lines, or any portion thereof, by city forces or upon contract at the lowest responsible bid; and providing for the payment of the costs thereof. (For full text of Ordinance, see Ordinance Rook No. 20, Page 125.) 1.M. Minton moved the adoption of the Ordinance. The motion %~s seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, and the President, I.M. Webber .......... NAYS: None ............. O. (Mr. Young not voting) DEPAR~4ENT OF PUBLIC WORKS: The City Attorney having been requested to prep the proper Resolution rejecting all bids received on March 8, 1954, for furnishing the city one tractor for street construction and authorizing the City Manager to readvertise for bids, he presented smze;, whereupon, Mr. Hanes offered the following Resolution: (#12088) A RESOLUTION rejecting all bids received on March 8, 1954, for the City's purchase of one tractor for street construction; directing the City Manager to readvertise for new bids for one tractor for street construction; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 129.) 249 Hro Hanes moved the adoption of the Resolution. The motion was seconded by Hr. youn~ and adopted by the following votel · AYE3~ Council members Hanes, Hlntcn: Pickett, Woody and Young ........ 5. NAY$~ IL. Waldrop and the President, Hr, Webber GRADE CROSSIHGS~ The City Attorney presented draft of a Resolution acceptin§ an option, whereby Itoner B. Shropshire agrees to deliver to the city a deed contain- ing a covenant releasing the city from all damages to his real estate located on the northwest corner of Wells Avenue and Second Street, N. H., in connection with the construction of the Jefferson Street Grade Crossing Elimination Viaduct and Project; whereupon, ~M. Young Offered the following Resolution as an emergency measures (#12086) A RESOLUTION accepting the option, dated }~rch l?th, 1954, whereby Momer B. Shropshire agrees to deliver unto the City of Roanoke a deed containing a covenant releasing the City from all dm-~ages to his real estate located on the northwest corner of Wells Avenue and 2nd Street, N. E., arising out of the construc- tion, operation and maintenance of the Jefferson Street Grade Crossing Elimination 'laduct and Project; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 140.) rM. Young moved the adoption of the Resolution. The motion was seconded by M. Minton and adopted by the following vote: AYES: Council members Ranee, Minton, Pickett, Waldrop, Woody, Young, and the President, I-M. Webber .............. 7. NAYS: Rome ................. O. At this point, Council ~ent into an executive session, after which IS. Young offered the following emergency Ordinance as prepared by the City Attorney authoriz- ing the City Mayor and the City Clerk to execute, for and on behalf of the city, a contract of sale dated Harch 22, 1954, with reference to purchasing the T. Allen Kir property needed in the construction of the Jefferson Street Grade Crossin~ Elimlnati and Project: (#12087) AN ORDINANCE authorizing and directing the City }~yor and the City :lerk to execute, for and on behalf of the City of Roanoke, a contract of sale, lated March 22nd, 1954, properly executed and acknowledged by T. Allen Kirk, et ux. and 2~ry Kirk Ha~ond, et vir, pursuant to which the grantors agree to sell and the City agrees to buy for $45,000.00 cash, the real estate therein described; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 141.) IM. Young moved the adoption of the Ordinance. The motion was seconded by 1.M. Woody and adopted by the follo~.4ng vote: AYES: Council members Hanes, Hinton, Pickett, Waldrop, ~foody, Young, and the President, 1.M. Webber ............ 7. NAYS: None ................... O. }~OTIONS AND MISCELLAI~OUS BUSIIfESS: I'fA~ DEPAR~.~?-S~,fERS: ~. Young raised the question of furnishing atilities to the new General Electric Plant and moved that the City Manager be requested to make a study of the time element involved in supplying of water and services to the plant, in order that the company can be informed of the time required for advance notice of the date the services will actually be needed. The seconded by M~. [~nton and unanimously adopted. The City Manager odvlsed that a study and plans are now under way for the project. There being no further business~ Council adjourned. APPROVED 252 COlq~CIL, RESbW-~q MEETING, Monday, ~Mrch 29, 1954, The Council of the City of Roanoke met in regular meeting in the Circuit ~ourt Boo~ in the Municipal Building, lionday, I~rch 29, 1954, at 2100 o'clock, p. m. the regular meeting hour, with the President, Y~. Webber, presiding. pRESEN2: Council members Hanes, lfinton~ Pickett, ~Mldrop, Woody, Young, and the President, ~M. Pfebber ............... 7. ABSEN2: None .................... O. OFFICERS PRES~2;T~ I-~. Arthur S. O%-ene, City Manager, ]~. Randolph G. %~ittl~ City Attorney, and ~M. Harry R. Yates, City Auditor. The meeting %~s opened with a prayer by the Reverend O. L. Craft, paetor of the Edgewood Christian Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, Harch 15 1954, having been furnished each member of Council, upon motion of Hr. Hanes, seconded by !.Ms. Pickett and unanimously adopted, the reading %:as dispensed ~ith and the minutes approved as recorded. i~.ARING OF CITIZENS UPON PL~LIC STREE?S AND ALLEYS: Notice of a public hearing on an application to Council to vacate, discontinue and close a 12-foot alley lying within the bommds of Block according to the Map of the Crystal Spring Land Company, said block being bo=nded or the east by Crystal Spring Avenue, S. %f., on the west by Rosalind Avenue, S. W., on the south by McClanahan Street and on the north by an urmamed SO-foot street, said alley having its southerly terminus on McClanahan Street and extending in a norther] direction approximately SO0 feet to the ur_named street~ having been published in Th~ (oanoke ~orld-News, setting the time of the hearing at ~:00 o'clock, p. m., Eonday~ larch 29, 19~4, the r~%tter was before Council, !,~. Tom Stockton Fox, Attorney representing the petitioners, appearing before the body in behalf of the closing of the alloy. No one appearing in opposition to the closing of the alley, and no co=munica uinns having been received on the subject, :.~. Minton moved that Council concur in the reco~uendation of the City Planning Commission that the alley be closed and that the following Ordinance as approved by the City Attorney be placed upon its first reading. The motion ,~us seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President~ Mr. Webber ............... 7. NAYS: None .................. O. (~1~088) AN ORDINA~iCE vacating, discontinuing and closing that certain twelve (1~) foot alley in the Southwest section of the City of Roanoke, Vlrginia~ ztthln ~'hat is sho%~ as the bounds of Block 50, according to the Map of the Crystal Spring Land Company, which is of record in the Circuit Court Clerk's Office of Roanoke County, Virginia, in Plat Book 1, Page 102, said Block 50 of said map lying within the bounds of the streets then and now designated as follows: McClanahan Pla¢ now McClanahan Street on the South, Virginia Avenue now Crystal Spring Avenue on the East, an unn~med SO foot street on the North, and an unnaned Street now Rosalind Avenue on the West, said twelve (1E) foot alley bisecting said Block, Lots 1 to inclusive, lying on the Westerly side thereof, and Lots 8 to 16, inclusive, lying on the Easterly side'thereof. WKEREAS, C. S. Reid and John O. Boyd, Jr., have presented to the Council a written instrument dated March 5t 19~4t between the said C. S. Reid and wife, as parties of the first part~ and John O. Boyd~ Jr., and wife,as parties of the second Ipart~ signed and acknowledged by the said parties thereto, in accordance with the provisions of Section 15-7S6.1 and Section 15-766.2 of the 19S0 Code of Virginia, ~amended, which lnstrm~ent sets forth the fact that the parties thereto are the sole abutting property o~ners to that portion of said alley in said Block 50 according to said Map of the Crystal Spring Land Company; C. S. Reid having acquired title to said Lots 8 to 16~ inclusive, of said nap, by deed from O. F. Boyd and wife dated September 22, 1943, and recorded in the Hustings Court Clerk's Office for the City of Roanoke, in deed book 688, page 375, and from R. W. Cutshall and wife by deed dated January 18, 1~5, and of record in said clerk's office in deed book 709, page ~2~, and ~k{~qBAS, the said Jobm O. Boyd, Jr., the o~mer of Lots 1 to 7, inclusive, of said block, acquired the smne by virtue of deed fron C. S. Reid and wife dated !October gl, 10SS, and of record in the said clerk's office in deed book 915, page 114, and I~E~EAS, if there ever ~s a dedication of said alley in said Block SO according to the said map, dedication of the same has never been accepted by the City Of Roanoke, as said alley has not been opened, graded or used, and ~'2{EREAS, no use has been made of the said alley by the City of Roanoke, and the said C. S. Reid and John O. Boyd, Jr., are the only part,es who are and could be interested in the vacation of said alley, there being no otker property owners in the vicinity whose rights or privileges will be abridged by a vacation of said alley~ as sho~n on said map, and %~.HEREAS, no inconvenience to the public would result from pernanently vacating, discontinuing and closing said alley, and ~,~EREAS, the request of the abutting property o~.~ers for the closing of said alley has been considered and approved by the City of Roanoke Planning Co~mis- sion, and %.~EREAS, under the provisions of Sections 1S-76G.1 and 18-766.2 of the Code of Virginia of 1950, as a/~ended, said alley ~ay be pernanently vacated, discontinued and closed, should it have ever legally existed, by the filing for record of said written agreement, provided it has been approved by the Governing Body of the City in which said alley to be vacated is located, and %~HEREAS, it further appears to Council that all the o%~ers of the lands abutting on said alley who might have any rights or privileges therein have requeste that the same be vacated and at public hearing held this day, pursuant to notice dul given of the s~e, no objections to the vacating of said alley having been raised by any party. THEREFORE, BE IT ORDAINED by the Council for the City of Roanoke that the Council officially expresses its approval of the vacating, discontinuing and closin of that certain twelve (l~) foot alley in the Southwest Section of the City of Roanoke, Virginia, in Block $0 according to the Map of the Crystal Spring Land Eompany, which is ef record in the Circuit Court Clerk's Office of Roanoke County, ¢trginta, in Plat Book l, page 102, said block SO of said ~p lying within the bounds of the streets then and now designated as McClanahan Place now HcClanahan 253 254 Street on the South, Virginia Avenue now Crystal Spring Avenue on the East, an 30 foot street on the North, and an unnazed street now Rosalind Avenue on the West, said twelve (12) foot alley bisecting said Block, Lots 1 to 7, inclusive, lying on the Westerly side thereof and Lots 8 to 16, inclusive, lying on the side thereof, and that all right title and interest of the City of Roanoke and the public, if any, in and to said alley described herein be released insofar as the ouncil ls empowered so to do. BE IT FL~{ER ORDAINED that the City Engineer be, and he is hereby directed mark "PEPJ&~][NTLY VACATED,DISCONTINUEDtND CLOSED" that said twelve (12) foot alley on all maps and plats on file in the Office of the City Engineer of the City of Roanoke and on which said naps and plats said alley is sho~, referring to the · book and page of Resolutions and Ordinances of the Council of the City of Roanoke ~hereln this Ordinance shall be spread, and referring to the deed took and page in the clerk's office of the Hustings Court for the City of Roanoke wherein the said ~Tltten agreement, signed by the abutting property o%mers, hereinabove more partlcu] fly referred to, is filed for record. BE IT FtYS{ER ORDAINED 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 said clerk may make proper notation on all plats or maps, if any~ recorded in his · office upon whlch ls sho%~ sald alley, and that further the Clerk of thls Council deliver to the said abutting property o%~ers or their attorney a certified copy of this ordinance~ and that a certified copy of this ordinance be attached to the said written a~reement signed by said abutting property o%~ers and filed for record in th Office of the Hustings Court for tke City of Roanoke~ all such recording and other costs to be borne by the said abutting property The Ordinance having been read, %~s laid over. ZONII[G: l~otlce of a public hearing on the question of rezoning from Special District to Business District property located at the southeast corner of Street and %~hitten Avenue, II. ~f., described as Lot 1~ Section G, Lincoln ~ourt l.{ap, Official ~Io. 2041001~ having been publisked in the Roanoke to Article XI, Section 43, of Chapter 51 of the Code of the City of Roanoke ~etting the time of the hearing at 2:00 o'clock, p. m.~ Monday, ~.[arch 29, 19.54, the was before Council. In this connection, I~. Robert ?. Spessard~ Attorney representing the ~etitioner~ appeared before Council and urged that the body grant the request of ~. P. ],!abors, Jr., advising that his client x~nts to construot a building for the of operating a grocery store at the location~ calling attention to a petftio approximately 250 signers requesting the rezonlng and stating that there are no opponents, I~r. Spessard further stating that even though the City Planning ~o~fselon has advlsed this would te "spot-zoning" it is the only way to provide a store in the area. Also appearing in this connection, were ~.M.E.P. I~abors, Jr.~ the together ~lth ~. Jesse S. ~.~ite and ~M. ~athaniel B. Glll, %~o outlined the need fo] store and advised of the danger in crossing t{lghx~y No. 460 to the nearest store · they state is approximately one-half mile After a discussion of the matter, ~. Hanes advised t}~ t he would like to the property in question before any action is taken and moved that action be eferred until next week to give Council members an opportunity to visit the area. motion was seconded by ~.~. }.[inton and unanimously adopted. PETITIONS AND COMMUNICATIONS~ SID~JALK: CURB AND GUTTER C0NSTRUC?IONs Petitions signed by thirty-nine property owners on beth sides of Foresb Hill Avenue, N. Wo, between Tenth Street and Oakland Boulevard, requesting curb and gutter; and a petition signed by elzhteer property owners on the west side of Forest tllll Avenue, N. W., between Tenth Street and Oakland Boulevard, requesting concrete side%~lk, were before Council-. On marion of Mr. Woody, seconded by Mr. %:aldrop and unanimously adopted, thc requests were referred to the City lianager for study, report and recommendation. %,'ATER DEP~.RI~.~N?.' A communication from Mr. Jesse ti. Gearhart, Jr., advising that he feels the City of Roanoke is being dishonest in breaking the contract it had %.'lth the To%.~ of Vlnton for furnishing water to Vinton at the rate of 5¢ per 1,000 gallons for an interminable period, and expressing the belief that the city should stand by its contract~ %,~s before Council. In a brief discussion of the letter, the City Attorney called attention to the fact that the City of Roanoke was not a party to the agreement since' the Roanoke-Vlnton ~'fater Company and the To:m of Vinton were the contracting parties. On motion of ,'Ir. %'faldrop, seconded by L'r. Hanes and unanimously adopted, the cormunication %;as filed. STREE?S AND ALLEYS: l.[r. Ualdrop called attention to a communication he has received from ~[r. Philip C. Ray, requesting the extension of an alley to serve his :property at ~314 Colonial Avenue, S. %'f. On notion of Mr. :!aldrop, seconded by ,'.Ir. %'foody and unanimously adopted, the request %.~as referred to the City Manager for study and disposition. REPORTS OF OFFICERS: AI~-SHOUSE-BUDGET: The City 1.'anager presented the folio'zing report ~.~'ith reference to repairs at the Almshouse: "Roanoke, Virginia ~[arch 29, 19~ To The City Council Roanoke, Virginia Members of Council: The following letter from the Director of P~blic Works is concurred in by me: ~DATE: March 2~, 1954 TO: I.M. Arthur S. O~,ens, City Manager FROM: Hr. John L. l'fentworth, Director of Public Works Will you please request that City Council r~ke the following change in the Budget: Transfer $600.00 from Materials, Bridge Repair, lccount g3, to Repairs, Almshouse, Account 54. Very truly yours, (Signed) Jno. L. ~entworth, Director of Public Works' I believe a word of explanation is in order. Our Alnshotm~ is up to State requirements with the exception of steel doors on the lower floor. The estimated cost is approximately $542.00. In order for us to comply with the State Code it is imperative that this be accomplished. Respectfully submitted, (Signed) Arthur S. Owens City 1.~nager" ~M. Minton moved that Council concur in the report of the City Manager and offered the following e~ergency Ordinance transferring the $600.00: 255 256 (#120~9) Mt ORDINANCE to amend and reordain Section #54, "Almshouse", and Section ~83, "Bridge Repair", of the 1954 Appropriation Ordinance, and providing (For full text of Ordinance, see Ordinance Book No. 20, Page 142o) Hr. Hinton moved the adoption of the Ordinance. The notion vas seconded by Mr. Woody and adopted by the following voter AYES~ Council members Hanes, Minton, Pickett, Waldrop, ~oody, Young, and the President, )~. Webber ............. 7. NAYS~ None .................... O. GRADE CROSSIEGS: The City Hanager submitted written report together with the following letter from ~. C. H. Hale, Superintendent Terminals, Norfolk and %~stern Rail%my Company, requesting certain changes in the gate control at Third treet and Campbell Avenue, S. E.: 'q~rch R2, 1954 }~. Arthur S. O~'ens, City ~,~nager, Municipal Building, Roanoke 11, Virginia. Dear Sir: l'fe desire to replace the present short-arm gates on Rolliday (Third) Street at Campbell Avenue Crossing, Roanoke~ Va., ~ith two yellow flashing light slgnals, one indicating 'No Left Turn' and the other 'No Right Turn', the gates at Ca=pbell Avenue to be remotely controlled from Tazevell AVenue ~atoh box at all times~ Just as they are now contro!led from 10:00 ?M to 6:00 ~! daily and on Sundays and Holidays, this plan to eliminate the watchmen at Campbell Avenue Crossing. ~e believe this will give us an efficient method of operation of crossing protection at this polnt~ and it ~ill result in a substantial ?fo attach copy of a Resolutlon %-~hich %'e have had prepared for subnlsei( to City Council, permitting this change in operation, and revising Resolutio No. 10~59 adopted by the Council on January 23~ 1950, accordingly, and ~hieh resoD~tion ~e ell1 Le obliged if you will present to Coun:ll ~ith a favorable reco=mendatlon for adoption at an early meeting of that body. If you desire, %'e ~111 be glad to have representatives of our Engineer- ing and Signal Departments appear before Council and furnish any infor,.~ation ~mnted. If this is desired, will you kindly let me know date and hour %~hen the matter ~ill be before Council for consideration so that necessary I shall be obliged to you for early attention to this matter. Yours truly, (Signed) C. H. Hale C. H. Hale, Supt. Terminals." In a discussion of the mattel, the City Manager suggested that perhaps Counc ~Ill want to take the matter under advisement in order to give them an opportunity to look at the crossing in question before the resolution is considered, and advised that he will arrange for someone to go with any member who desires to look at the crossing. There being no objection, the matter %~s carried over for two %'eeks. STO~i DRAINS: A petition from citizens living in the vicinity of Guilford Avenue, Grandin Road and Carter Road, S. W., requesting the installation of a storm drain at the end of the 2400 block of Grandin Road, having been referred to the Manager for study, report and recommendation, he ~ukmitted the following report: Hatch 29~ 1954 To The City Council Roanoke, Virginia Members of Council: At our ~eeting on March 15, 19S4, you referred to ~e a petition signed by approximately 20 citizens concerning the drainage situation in the 2400 block of Grandin Road. The signers of the-petition are correct in their asstmption that the Director of Public Works, the City Engineer, and the ~riter have visited the area on several occasions. We have done om' best by re~ovir~ the debris fro~ time to time, which is ~urther referred to in their letter. There are no Budget provisions in 1954 for drainage at this point, and in order to comply with the request, ~e ~uld have to drain to the creek. are reluctant to give an estinate on the cost without further investigation. Rowever, ye believe the cost would be of such nagnitude we could not recommend the necessary special appropriations. In s~r~ation, we can only offer to continue the services we are renderir which we are happy to do any time we are called. Respectfully submitted, (SIzned) Arthur S. O~ens City l~nager" Mrs. Pickett moved that Council concur in the report of the City l~nager and that the question be referred to the 19S5 budget study. The motion %~s seconded by Mr. %~ldrop and unanimously adopted. SE%.~RS: The City Manager presented the followln~ report with reference to a request that the City of Roanoke pass a resolution in conformity with Section I, Paragraph C of the contract between the City and the To%~ of Salem which would perm] Hidden Valley Country Club, Incorporated, to discharge waste into the proposed of Salem sewer system on Romestead Avenue, within the corporate limits of the of Salem: "Roanoke, Vlrginla March 29, 19~ To The City Council Roanoke, Virginia Members of Council: I am in receipt of the following letter from ~,~. %-,%itescarver, attorney for Hidden Valley Country Club: q[arch 24, 19~4 2~. Arthur Owens, City ~anager ~unicipal Building Roanoke, Virginia Dear ~. Confirming the conversation which Mr. W. Howard Wood and I h~d wit~ you in your office yesterday, on behalf of Hidden Valley Country Club, Incorporated, I would like to request the Council of the City of Roanok~ to pass a resolution in conformity with Section I, Paragraph C of the contract between the City of Roanoke and the To~ of Salem, dated October 16, 19SS, which would permit Hidden Valley Country Club, In~., to discharge waste into the To~ of Salem sewer system on H~mestead Avenue, within the corporate limits of the To~ of Salem. This waste would pass through the se~mge collection lines on Romestead Avenue and Virginia Secondary Road ~ll~, to the Roanoke River interceptor proposed to be constructed. ~Je understand that we would have to negotiate also with the Council of the To~m of Salem. ~'~e would be grateful if you would put this on the agenda for your meeting next Monday, and if it should appear that there will probably he no objection, we would also be grateful if you would have the City Attorney prepare the appropriate resolution, and have it available at that time. Thanking you, I Very truly yours, (Signed) Bur~n Whitescarvex Ra~ifications of this request are many. I believe I should go over in detail with you what the proposal is and let you take into consideration the facts of the proposal before a decision is made. Respectfully submitted, (Signed) Arthur S. ~ens City Manager" In a discussion of the matter, the City Attorney and the City Manager advise~ that they feel the request is premature and that the Salem se~er line should be undE construction before this matter can be considered. 2.57' 25.8. After a further discussion of the matter~ Mr. Waldrop moved that the reques~ be referred to a committee composed of Mr. Arthur S. Owens~ Chairman, Mr. G. H. Ruston, Mr. C. E. Moore, Hr. Randolph G. Whlttle~ Mr. Harry R. Yates and Mayor Roy L. Webber for study, report and recommendation. The motion ~ras seconded by Mr. Woody and unanimously adopted. STREEF IHPROV~2-~2~TS: Council having previously referred to the City Manager for study, report and recom~mendatlon a request from citizens living on Ethel Road, ~. E.~ that their street be paved, he submitted written report advising that tbs ~treet will be paved during 195t. The report was filed. PARKS AND PLAYGROL~;DS: The City Manager submitted the following report In onnection with concessions at Rockledge Inn: "Roanoke, Virginia }~rch 29, 1984 To The City Council Roanoke, Virginia Members of Council: The following letter from Mr. Joia L. Godwin, approved by t~. Robert P Hunter, Director of Parks and Recreation, Is concurred in by me: 'Roanoke, Virginia 20S2 Mount Vernon Road, March 23, 1954 Hr. Arthur S. City Manager, City Hall, Roanoke, Virginia. Dear ~. ~*ens: With regard to our several talks, I offer a bid of 10% on gross sales of Concessions at Rockledge Inn for the current year, that is 19~, on the condition that the contract will provide permission for me to sell souvenirs. In connection therewith I agree to take over the remaining souvenirs the city has on hand at the cost price thereof. It is understood that the city will furnish the chairs and it is assured that the American Legion Post #3 will provide the tables. Sincerely yours, (Signed) John L. Godwin' You recall we have advertised on two occasions for bidders for the sale of concessions at Rockledge Inn on Mill Mountain. I believe Godwin's proposal is fair to all concerned and to the best interests of the City. Respectfully submitted, (Signed) Arthur S. Owens City Manager" After a discussion of the question, Mr. Woody moved that the rmtter be referred to the City Attorney for preparation of proper measure providing for the contract wit~ ~. Godwin on the basis set out in the report and to present sase to Council for adoption. The motion wms seconded by ~,~. Hanes and unanimously adopted STATE HIGIE,fAYS ~I~IIN CI1Y LIMITS-STREET ~IDENING: Council having heretofor~ adopted Ordinances No. 12062 and No. 1206~ relating to the acquisition of certain ~ropertles necessary for the widening and improvement of Hershberger Road, N. W., the City [Mnager presented the following report: To The City Council Roanoke, Virginia Members of Council: "Roanoke, Virginia March 29, 19S4 You adopted Ordinance ~12062 on Tuesday, February 23, 1984, and Ordinance ~120~3 on Tuesday, February 23, 1954, concerning the property of ~s. Bonnie Lee Sharps and Mr. Gregory Snfth. I have carried out the directive of the resolution and ~ould like to report b~ck to you that I cannot reach an agreement with the o~ners of the property or their representatives concerning the appraised values by the City's representatives. In the Sharpe case we have offered $1~383.=d3~ and they have agreed to settle for $2,500.00. In the Gregory ~nith case we have offered $2,747.08, they have offered to settle for $4,241.45. In furtherance of your directive I have carried out your instructions and await what subsequent action you desire to take in order that this project might be expedited. Respectfully submitted, (Signed) Arthur S. Owens City I-~nager" In a discussion of the report, the City Manager advised that these are the last parcels of land needed for the project and that they are holding up the progra~ Also appearing in this connection, were Mr. ¥!alter H. Scott and ~M. Earl A. Fitzpatrick, Attorneys for Mrs. Sharpe and Mr. Smith, 2-M. Scott advising that the Sharpe property wi!l be greatly dm~aged by the widening of the road and by the use of thc road as u truck route, suggesting that Council members view the property. After a further discussion of the matter, ~M. Mlntsn moved that Co~ncll defer action for one week and that Council members view the properties in question for the purpose of arriving at a conclusion. The motion ~.~s seconded by Mr. and unanimously adopted. REPORTS OF CO:~4ITTEES: S~.~RS~ATER DEPAR~.?-2~T-A~LqgXATION: Council having previously referred to a co~mittee for study, report and recam~mendation, a request from ~r. Carl A. ~ontgome! and l~s. Naomi G. Montgomery, asking that a proposed subdivision designated am "Green%¢ood Forest", lying south of U. S. Might'ay Route No. 221, adjacent to the wes~ corporate limits of Roanoke, be annexed to the City of Roanoke, the committee submitted the following report: "March 22, 1954 TO ~HE COL~CIL OF ~{E CITY OF ROANOKR: Gentlemen: At your regular meeting of March 15th, you appointed a committee, composed of the City Manager, Chairman, the City Auditor, the City Attorney, the Mayor, Messrs. G. II. Ruston and C. E. Moore, to study, and report to Council, the written petition of Carl A. and Naomi Montgomery that certain real estate, o%med by the petitioners, contiguous to a part of the south- westerly corporate line, be annexed to the City of Roanoke. In conformity with that directive the entire membership of your co=mittee met with 1.M. and ~Ms. Montgomery on their said real estate; considered the topography thereof and petitioners' plans for its development: and thereafter adjourned to the office of the City l~nager where petitionersi proposal %~s considered at length. Your co=mittee is unanimously of the opinion, and so reco~.~ends to the Council, that said body, for and on behalf of the City of Roanoke, go on record as not being opposed to such proper actions as petitioners nay take to have said real estate annexed to and made a part of the City of Roanoke. Metes and bounds descriptions of petitioners' abovementioned real estate are contained in a letter, on file in the Office of the City Clerk, under date of March 11, 1984, addressed to this Council over the signature of petitioners; a copy of which is attached hereto and made a part of this report. Respectfully submitted, (Signed) Arthur S. Owens Chair~n For and behalf of the entire Co=uit tee." ~.M. %!cody moved that the report of the co~fttee be adopted. The motion ~s seconded by ~M. ~fa!drop and unanimously adopted. 259 ~nd 260 UNFINISt~-D BUSINESSI None. CONSIDERATION OF CLAIMSI None. INTROIKTCTION AND CONSIDERATION OF ORDINANCES AND RESOLU?IONS: BONDS: The City Attorney having been requested to prepare the proper providing for the issue and sale of $1,160,000.00 in refunding bonds, he presented sane; whereupon, Mr. Woody ~oved that the following Ordinance be placed upon its first reading. The notion ~s seconded by Mr. %-faldrop and adopted by the following AYES: Council ::embers Ilanes, Minton, Pickett, ~.aldrop, Woody, Young, and the President, Mr. %:ebber ............. 7. NAYS: None .................... O. (~12090) AN ORDINA~CE to provide for the issue of bonds of the City of Roanoke, Virginia, in the amount of One Million One Rundred Sixty Thousand Dollars ($15160,000) to provide funds with which to retire, at m~aturtty, One Hlllion One Ilundred Sixty Thousand Dollars ($1,100,000) outstanding tern bonds of the City of Roanoke, Virginia, that become due and payable on the First day of July, 19~4. ~qEAS, the City of Roanoke, Vlrginia~ has the following valid outstanding issues of term bonds dated July 1, 1924, that become due and payable on the First day of July, 19~!-, viz.: A. Public Improvement Bsnds Series "iT' (Schools) B. ~>~blic Improvement Bonds Series "N" (Bridges) $2~,000 B. Public Improvement Bonds D. Public Improvement Bonds Series "Q" (Detention ~.[ome) 40.000 TOTAL ......................... $1,218,000; and ~2~HEAS, there will be available from the St~<ing Fund approximately Fifty- ~fve Thousand Dollars (~55,000) to be applied on the pa~.~nent of the aforementioned ~erm bonds, when said bonds become due and payable on the First day of July, 19~4~ and %EqEREAS, it is deemed desirable by the Council of the City of Roanoke, Virgi to refund and retire, at maturity, the renainlng One Million One Hundred Sixty Thousand Dollars ($1,160,000) of the aforementioned tern bonds. ~.~REFOBE~ BE IT ORDAII~D by the Council of the City of Roanoke, Virginia, as follows: 1. For the purpose of providing funds with which to retire, at maturity, Million OneRundred Sixty~ousand Dollars ($1,160,000) of the abovenentioned out- standing term bonds of the City of Roanoke, Virginia, that become due and payable the First day of July, 1954, there shall be issued and the proper officers of the City are hereby authorized and directed to execute, for and on behalf of and in the name of the City of Roanoke, bonds in the ~nount of One Htllion One Hundred Sixty Thousand Dollars ($1,1GO,O00). Said bonds shall be in the denomination of $1,000 each, shall be dated June 15, 19~.54, shall he payable serially in n~mertcal order $5E~000 bonds on June tSth in each of the years 1955 to 1974~ inclusive, without option of prior redemption. Said bonds shall he n=ubered from 1 to 1160, inclusive and shall hear interest at a rate or rates to be determined by the City Council, payable each year in equal semiannual payments, shall be signed by the Mayor and' 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 said bonds sD~ll bear the engraved or lithographed facsimile signature of the City Treasurer which shall be recognized by the City o£ 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 th( following form, to-wlt~ United States of America $1000 $1000 State of Virginia C I T Y 0 F R 0 A I; 0 K E Refk/ndlng Fond K~;OW ALL I~N BY ~{ESE PRESENTS, that the CITY OF ROANOke, a municipal corporation created and organized under the laws of the Sta~ of Vlrginia, for value received, acknowledges itself indebted and promises to pay to the Bearer ta reof, th( ONE ~]OUSAND DOLL.%~S ($1,000.00)~ payable in lawful money of the United States r.f Anerlca~ on the __ day of , 19__, at the office of the City Treasurer of said City, with interest at the rate of per cent~n ( 5) per ann~mn, payable semiannually on tile l~th day of June and the !tth day of December of each year upon the surrender of the respective coupons attachcd hereto as they severally become This bond, which is one of an issue of 1160 bonds of similar date and denomination, n~mbered from 1 to llGO, inclusive, and payable in n~merlcal order i$88~000 bonds on June lSth in each of the years 1955 to 1974, inclusive, without option of prior redemption, is issued for the purpose of providing funds with which to retire, at maturity, $1,160~000 valid outstanding term bonds of the Clty of iRoanoke, Virgdnla~ which become due and payable on the First day of July, 1954, and %under and in pursuance of the Constitution and statutes of the State of Virginia, including, among others, an Act of the General Assembly of Vi~ginia, approved on th( 7th day of }larch, 19S2~ entitled, "An Act to provide a new charter for the city of Roanoke; and to repeal Chapter 47S of the Acts of Assembly of 1924, approved ~.[arch I~2, 1924, which provided a new charter for said city, and all amendments thereof", as amended; and this bond shall be exempt from all municipal taxation of said City. It ds hereby certified, recited and declared that the issue of this bond made in strict conform_~ty with the Constitution and statutes of the State of Virgin! and the charter and ordinances of the City of Roanoke authorizing the smme; and tha~ all acts~ conditions and things required to exist, happen and be performed preceden~ to and in the issue of this bond have existed, happened and been performed in reguls and due time, form and manner, as required by law; and, further, that the indebted- ness to refund whlch this bond is issued is a legal, valid and binding indebtedness of said City of Roanoke becoming due and payable on July 1~ 19~4, that this issue of bonds, dncluding all other indebtedness of said City, does not exceed any ConstitutI or statutory limitation of indebtedness, and that an ad valorem tax within the limit ~rescrlbed by law shall be levied on all tke taxable property of the City of Roanoke ;ufficient to pay this bond and the interest thereon as the same become due and payable. 261 ¸al IN TESTIMONY~EREOF, the'said CIT~ OF ROANOKE has caused this bond to be signed by its Mayor and by its City Treasurer and the official corporate seal lmpre: hereon, attested by its City Clerk, and the coupons hereto attached to be signed with the engraved or lithographed signature of its said City Treasurer, and this bond to be dated the 15th day of June, 1954. ttest: l~yor Rke. City City Clerk Seal (FO~M OF COUPON) On the __day of , 19__, The CITY OF ROA3~OKE, ¥1rginla~ will pay to the Bearer $ at the office of the City Treasurer, DOLLARS ($ ) being the semiannual interest then due on its Refunding Bond, dated the 1Bth day of June, 19S4. SERIES "II" City Treasurer City Treasurer S. Said bonds shall be executed by the proper officers of the City of Roano} and shall be offered for sale, in their entirety, on the 12th day of ~iay, 1984, at 12 o'clock, noon, ~%stern Standard Time, and bidders shall be requested to name the rate or rates of interest to be borne by the bonds expressed in multiples of one- eighth of one per centu-~ per aunum, but no more than two rates shall be bid for the bonds and no rate bid shall exceed five per centu~n per annu~n. E~ch rate bid shall he for consecutive whole maturities and shall not be repeated. Said bonds shall be delivered on June 22nd, 1OSA, or as soon thereafter as the bonds may be prepared; and the net proceeds from such sale shall be used for the purpose of paying the aforesaid maturing bonds, and for no other purpose. 4. City Council may, at its discretion, by resolution, provide a place of payment, in addition to the office of the City Treasurer, and also definitely fix the rate or rates of interest. 5. In each year while any of said Refunding Bonds are outstanding there she] be levied an ad valorem tax on all the taxable property of the City of Roanoke sufficient to pay said bonds and the interest thereon, as provided by the Charter the City of Roanoke. The Ordinance having been read, %-as laid over. MOTIONS AND MISCELLA3~0US BUSIb'ESS: None. There being no further business, Council adjourned. APPROVED ~ President ed COI~fCIL, REGULAR F~ETII:O~ Monday, April 5, 1954, The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in the Municipal Bulldlng~ Monday, April S, 1954, at 2:00 o'clock, p. m., the regular meeting hour, with the President, H~. Webber, presiding. PRESE~IT: Council r. enbers Hanes, Hinton, Pickett, %..'aldrop, Wo~dy, Young, and the President, Mr. Webber .................. 7. ABSENT: None ....................... O. OFFICERS PRESENT: H~. Arthur S. Owens, City Manager, tM. Randolph G. City Attorney, and Mr. Harry R. Yates, City Auditor. The meeting %'as o~ened with a prayer by the Reverend Jesse E. Davis, Pastor of the Virginia }{eights Baptist Church. HINUYES: Copy of the minutes of the regular meetings held on Monday, .':arch 22, and Monday, March 29, 1954, having been furnished each member of Council, upon .notion of Mr. Yo,~g, seconded by l. Lr. Minton and unanimously adopted, the reading %ms dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC 15~TT'iRS: STREE?S AND ALLEYS: Notice of a public hearing on an application to Council to vacate, discontinue and close a small portion of the alley situated bet~een Second Street and Third Street, S. Pl., and running in a north-south direction fro~ Franklin Road to Luck Avenue, having been published in the Roanoke %'orld-Nevs, set- ~ng the time of the hearing at 2:00 o'clock, p. n., }[onday, April 8, 1984, the matt4 was before the body, ~[r. S. F. Parhan, Jr., Attorney for the petitioner, appearing before Cotu~cdl for and on behalf of the closing of the alley. No one appearing in opoosition to the closdn~ of the alley, and no co.~uunica~ tions having been received on the subject, ~r. Minton moved that Council concur in the recommendation of the City Planning Cormission that a portion of the alley ke closed and that the following Ordinance, as approved by the Assistant City Attorney, be placed upon its first reading. The motion ~,,~s seconded hy {.Ir. Hanes and adopted by the following vote: AYES: Council members Ranes, Hlnton, Pickett, ?faldrop, :.reedy, Young, and the President, I~M. :','ebber ........... 7. NAYS: None .................. O. (~1~091) AN ORDINANCE vacating, discontinuing and closing a small portion the alley situate bet'-.'een Second and Third Streets, S. ~.f., and running in a north- south direction from Franklin Road to Luck Avenue, S. %f., in order to straighten th~ west line of the northerly portion of the alley. L2tEREAS, The Chesapeake & Potomac Telephone Company of Virginia has hereto- fore filed its petition before Council in accordance uith Section 15-766 of the Cod~ of Virginia of 1950, as amended, requesting Council to permanently vacate, discon- tinue and close the hereinafter described snell portion of the alley aforesaid, and %"HEP~L&S, in accordance with the prayer of the said petition, viewers were appointed by Council on the Sth day of March, 1954, to view the property and report in ~,Tfting %~e%her or not in their opinion any, end if any, what inconvenience woul~ result from permanently vacating, discontinuing and closing the said portion of the ~foresaid alley, and %.5~REAS, it appears from the duly verified report of three of the said viewers filed with the City Clerk on the lPth day of March, 1954, that no inconvenie 263 would result, either to any individual or to the public from permanently vacating, discontinuing and closing said portion of the alley, and %~JIEAS, it f~rther appears that the petitioner has agreed to hear all expense of this proceeding, and ?,~RF~%S, it further appearing from a co.~nunication filed with the Clerk of '.ouncil on the 8th day of March, 19~4, that the City Planning Commission recommends ,he vacation of this portion of the alley in order that the west alley llne nay be straightened in part, and I.U~REAS, on April 5, 19S4, Council, after due and proper notice, held a ~ublic hearing on the petition aforesaid at which hearing no property o,~rner or othex ~erson objected to the closing of this portion of the alley. iU~'~REFOAE~ BE IT ORDAINED by the Council of the City of Roanoke, Virginia, ~hat the follow,lng described portion of the alley situate between Second and Third Streets, S. ~?., and running in a north-south direction from Franklin Road, to Luck S?AR?ING at the intersection of the %'est line of the alley and the south line of Luck Avenue (said point being N. 8~ 09' 01" E. 150 feet from the oresent southeast corner of Luck Avenue and Third Street, $. :.~.); t~ence ~.~ith the existing %¢est line of the alley, S. S: 20' OE" E. !SO feet to a point; thence S. S2: 09' 01" U. 0.99 feet to the actual ~EGIIiIiIIiG POIN?; thence x.:ith the ne%:ly established %~est line of the alley, S. 7: S7' 00" E. 61.98 feet to a point; thence S. S1~ 46' 0~" !,'. 0.45 feet to a point on the west line of the alley as presently fenced; thence with the sane N. 9° 2~' 40" %'. 62.0 feet to a point; thence N. S2:09~ 01" E. 2.01 feet to the actual BEGINNIIiG POINT; and COi.~?AINING approximately 77.8 square feet, all courses being sho,..nu on the Meridian of Southwest Sheet 2, Block 1, of the Official Survey~ on file in the Office of the Cit.v Engineer, Roanoke, Virginia, be, and it hereby is, pernanently vacated, discontinued and closed; and that all right, title and interest of the City of Roanoke and of the public therein is here~ released insofar as the Council is so enpoL'ered to do, reserving hot,ever, unto the ~ity of Roanoke an easement for any se%Jet lines or ~.~ter mains that may no%~ he located ecross ssid property, together %rith the right of ingress and egress for the n~intenance of such lines and mains. '~E IT F%'q~{ER ORDAIL~ED that the Clerk of this Council do forth%:ith certify to the Clerk of the Rustings Court for the City of Roanoke, Virginia~ a copy of thi: ordinance for recordation in the deed books of his office and a like copy to the City Engineer so that he nay she:: on all naps in his office the closing of said vortion of the alley. The Ordinance having been read, x, as laid over. ZON~G: Notice of a public hearing on the question of rezon~ng from General {esidence District to Business District property located at the northeast corner of ~e~nington Street and Carlisle Avenue, S. E., described as Lots 1, 2 and S, Block 1, Eastover Place Map, Official Nos. 4S40212, 4~021~ and 4~40214, having been publishe in The Roanoke 'Jorld-Ne'~:s pursuant to Article XI, Section 43 of Chapter S1, Zoning, of the Code of the City of Roanoke, setting the time of the hearing at 2:00 o~c!ock p. n.~ Monday, April 8, 1954, the matter %.~s before Council. In this connection, the City Clerk presented a cor~unication from L'r. J. E. Cu~udiff, the petitioner, requesting that his application for rezoning be canceled; also, petitions from the Riverdale Civies Club and the Rlverdale Baptist Church membership, together with a letter from the Reverend K. A. Painter, Pastor of the church, objecting to the rezoning of the lots in question. 265: On motion of Mr. Mintont seconded by ]{r. %~aldrop and unanimously adoptedt request of lit. Cundiff that Council cancel his application for rezoning LICENSE TAX CODE: l{r. C. B. Houck~ of the Rouck Advertising Agency, again appeared before Couneil~ protestl~ the ~nequality ~n the license tax for advert~sl~ ~afencies in the ano~% of $~.~ plus seventy-f lye cents on e~ch one h~dred of the ~ross receipts derlved from such husiness~ and asked that the ~y consider amending the Ltce~e Tax Code at this tine to provide a l~cense tax fo~ advert~sin~ agencies of $50.~, plus f~fty cents on each one h~dred dollar~ of [ross recelpts derlved from such ~usiness, whlch ~uld he the same as merchant~ are paylnz~ Houck adv~s~n~ that he feels the advertising agencies should pay the ~ame as ]merchants and others~ sta%in~ however~ that if tko ~ercentaEe for merchants raised to equal that of advertising agencies he would be ~tllling to pay but that does not feel there should ke a difference. It appearing that prior requests of M~. tIouck In this connection have heen referred to the ?ax Study Committee and that Council now h~s the ~tter of studying the L~cense Tax ~ode under conslderation~ Mr. Hanes moved that this request be considered at such tine a~ the b~y resumes its study of the License Tax Code. ~e notion %~ns seconded by ~r. Waldrop and unanimously adopted. %:A~R DEP~'~.~T: Mr. R. I. Rrooks h~ving previously appeared kef ore Council and requested that he be furnished water and sanitary sewer services to accommodate his property located ~n Roanoke County~ and the matter having been referred to the C~ty ~ian~ger for study and dfsrosition~ Hr. Brooks again appeared kefore the body and presented the following co~n~icat~on: "Roanoke 16, 'fa. 15 Mountain Ave., S. L'. April 5~ 19S4. before Council. To all Members of Roanoke City Council~ Municipal Bldg. Roanoke~ Virginia. Gentlemen: On l[arch 22, I appeared before your body asking for City water and possibly sewer service for a piece of nroperty that I o%m just outside the City lim/ts. At the request of liayor Webbe~this request was put in %,~iting. Under date of March 29, I wrote each of you a letter explaining my position. City Manager Owens has notified mo that I will have to comply with rule aG, Just the same as if 1%~nted water for a sub-division. I am asktn for water for a residence only. A ~[r. Stanley who lives near ny place %~s given water servlce~ also a small Church near the intersection of f4GO and 117 %~s supplied with City water. ~ey are both in the County. Now~ Gentlemen, i am asking for this same privilege. I will pay the charges of making the connections~ plus the regular rate to the County consumers. Very truly yours~ (Signed) R. I. Brooks" After a discussion of the rmtter~ ~. Young ~oved that the request he to the City Manager and the Manager of the ~ater Department to attempt to work out some satisfactory plan for furnishing %~ter to ~. Brooks. The motion %~as seconded by Mr. %~ldrop and unanimously adopted. PEtITIOn,S ~D CO~E.~q~ICATIONS: STREET LIGHTS: A communication from the Appalachian Electric Power Company, setting forth the locations of thirty-six street lights which were installed, as well as six street lights which were removed during the month of March~ 1984, was The co=~unication was filed. LICEH~. TAX CODEs Council having previously referred to License Tax Code study a co.~-~ication from Mr. Robert P. 1.:oodson, asking that consideration be given to reducing the license tax on s..nall contractorst an additional co~=unication from ~.M. 1.:oodson co=plaining that he feels he pays too much license under the present small contractors section of the License Tax Code in co.mparison to what beauty parle and barber shop operators payt ~ras before the body. On motion of Mr. Young, seconded by Mr. ~.:aldrop and unanimously adopted, the ..or.~unicatlon ~e referred to License Tax Code study. STRAY IMPRO~'~.52;TS.' A petition signed by thirty-two property o~mers and :itlzens, asking that Levelton Avenue, N. W.~ be paved, was before Council. On motion of 1Sr. Minton, seconded by Mr. Young and unanimously adopted, the ~etition %,~s referred to the City ~'.anager for study, report and reco.'tnendation to CO.'~PL~INTS-ILEALT~ DEPAR~[ENT: A cor~nunlcation from Mr. Paul D. Alhrlght, O(~i Curtis Avenue, N. ~., requesting relief from an unsanitary condition in his neighborhood caused by the keeping of four cox:s o~.vaed by Dr. F. G. Anderson, 217 Hershberger Road, N. ~., ~.,as before Council. On notion of Mr. Hanes, seconded by I:r. '~..~aldrop and unanimously adopted, th~ request was referred to the City ]lanager for attention. REPORTS OF OFFIC~U~qS: SID~'AI3[, CIU{B A!~D GUTTER CO~STRUCTION: A petition signed by thirty-n~ne property o%~ers requesting curb and gutter on both sides of Forest Hill Avsnue, I~. 'J., between Tenth Street and Oakland Bsulevard; and a petition signed by eighteen property o'~-~ers on the west side of Forest Hill Avenue, ~'~. ?.~., between Tenth Street and Oakland Boulevard~ requesting concrete sfde~mlk, having been referred to the City Manager for study~ report and recor~endation~ he submitted the following report "Roanoke, Virginia April S, To The City Council Roanoke, Virginia Members of Council: In your File ~o. 87 on ~[onday, March 29, 19~, you referred to ne a petition of residents on the east and %~est side of Forest Hill Avenue bet%~een 10th Street extension and Oakland Blvd., N. ~. ~e have surveyed the area requested and find that curb and gutter could be constructed on both sides of Forest Rill Avenue if the following provisos were complied with: (1) In the ~ block of Forest Hill Avenue there is a very lo%~ place. If the property o~ers will agree to our cuttin the top of the hill do%-~ and filling %he lo~ place, the job could be completed. It %.~il! require %~itten releases from each property o%,~er An this block, as the follo,~ng t~o blocks to the north ca~ot he accomplished ~less this grade is corrected tn the ~!O0 block to the south. (2) If the foregoing is completed in order to relieve the City of responsibility, ~e could then include .it in our lOSS program. Our 19~ co~nit~ents, %*hich are already in excess of appropriations, precludes us from accomplishing the x.~ork this year. Respectfully submitted, (Signed) Arthur S. City ~anager" i~r. l';aldrop moved that Co'~cil concur in the report of the City Manager. ~ne notion %~s seconded by ~. Ranes and ~an~ously adopted. STADIL~-!-~.~R FIELD: The City Manager submitted the following report with referencs to concessio~ at the Roanoke Municipal Stadi~u and Athletic Grounds at ~[aher Field: "Roanoke~ Virginia April 5, 19S4 To The City Council Roanoke~ Virginia Members of Council: ~:e following letter from ~. Jo!ne L. Godwin, ~to o~s the concession. rights at the stadl~u and the athletic field~ is concurred in and recor~end~ with the following provisos: (1) That the suggestion is approved by the City Attorney. (S) That Council pernlts the extension of the contract: 'Roanoke, Virginia 20S2 :~ount Vernon Road~ l'mrch SI, 19&i ltr. Arthur S. Owens, City IYanager, City !!all, Roanoke, Virginia. Dear :Ir. O~.'ens: I an %.~riting concerning the concessions in the upper end of the Athletic Field commonly kno~..~ as the ball park. Since I have the concessions at the St5di=u and the othe~ p~rt of the Athletic Field, I an willing to extend the o~eration to include the ball park at the sane percentage~ that is 1~ of gross receipts. All can be operated as one concession ~:hlch Is ~hy I an ~:!lling to pay the sane percentage In the park as n-~ell as the rest of %he Field. 0n a separate bid I would he ~z~itling to go that high as such ~'ould mean otherwise and %~hlle this nay be said to touch on conceit, I believe that anyone else %.'suld under the cfrc~ust~nces bid that and by that I mean 10%. In other ~:ords I an trying to say that the arrangement suggested ?ould inure to the benefit of the city as ~..'ell as myself. Further it Is ny opinion that an exchange of letue~*ould he all the supplemental contract necessary ~ith of course the approval of the Co'~cil; ho~;ever, I full ~:ell ~derstnnd that the opinion that co,uts in this co~ection is th~zt of the very efficient City Attorney. Stncerety~ (Signed) John L. Respectfully submitted, (Signed) Arthur S. 0?ems City Mannger" In a discussion of the na~ter, the President, lip. Z~chber, pointed out that any action on the request %.~ill be premature since no report has keen received from the cor=uittee appointed to negotiate %;ith Roanoke ~seball, Incorporated, to~;ard the settlement and ternination of the contract het~*een then and the city~ the City Attorney stating that he doubted the advisability of raking an anendnen~ to !Ir. Godwin's contract ~til after the city takes possession of the field, stating furthe that the lease can he terminated anytime Council authorizes The City Ilanager reported that he has made n'&uerous attempts to get the officials of the ball club to meet with him but has been unable to do so. Mr. Young pointed out that the~=uateur ball teams will %mnt to start using the ball field within a few weeks and that the grounds should be made available. After a further discussion of the ~tter~ Mr. '~aldrop moved that action on the request of Mr. God,sin to operate the concession be deferred un%fl after a flail attempt is made to negotiate ~-;ith the ball club and a report is n~de to Co~cil on the status of the contract. The motion was seconded by }Ir. ~oody and ~aninously adopted. Co~cll then suggested that the City Manager %Tire the Red Sox officials, giving notice that the lease is being terminated If no answer is received %~ithin one week. TRAFFIC: Council having previously instructed the City Manager to make a study of the need for a safety program in the vicinity of schools, he presented the following report: "Roanoke, Virginia April 6, 19~1 To The City Council Roanoke, Virginia Members of Council: At a meeting in January, 19~4, you instructed me to make a study, as t¢ economics of a school crossing system, whereby we might find a plan that would permit safe control without the costly expenditure of actuated lights. %~ have gone into the proposal thoroughly and I have some drawings and tho following report which I suggest we experiment with IMmediately: 'April 1, To: Mr. Arthur S. Owens, City Manager From: Captain F. II. Webb, Superintendent o£ Police Subject: Safety Signals Sir: In order to improve the proper designation of school zones and crossin sites ~here vehicular traffic presents a hazard to school children, and especially where it is impracticable to set up additional safe- guards t}~ough the utilization of conventional traffic signals because of low traffic counts and other Justifications, it is recor~ended that the present system of signs and manikins be considered for replacement with a new type of sign and signal system %-~hich is being reported. In no case will this system be considered as a replacement for conventfona traffic signals where traffic levels and overall pedestrian counts justify full signalization. This uew sign and signal will consist of a stardard 24" x 24" diamond shaped sign with five inch letters in black on a yellow background reading either "SCHOOL ZONE" or "SCHOOL CROSSING". This sign to be mounted on a three inch steel post set in concrete wired with under- ground electric feed. The bottom of this sign to be mounted seven feet from ground level. A second sign measuring 18" x ~t", rectangular in shape and erected horizontally i~uediately below the first sign wll carry black letters on a white background reading "SPEED LIt!IT IS I.!.P.H. !~.q~ FLASHING", wording 1S M.P.H. to be in five inch letters and the balance of this legend to be in three inch letters. The top portion of this sign reading "SCHOOL ZOL'~S~'' or "SCHOOL CROSSI~G" will have incorporated in the top and bottom portions of the sign a 6-S/8" beacon type traffic flasher. See attached sketch for general appearance. The beacon units equipped ~ith amber lens and utilizing a conventional traffic signal lamp would be rmde to flash at appropriate times hy means of an electric time switch. During periods of actuation the beacon would flash alternately or in wig-x~g fashion. Time switches can be furnished to provide for three on and off periods each day corresponding to tb~ movement of children to and from school with a special feature to omit operation on Saturdays and Sundays. It is believed that this electrically operated sign will meet with general acceptance by the public and be superior to the present system of signs from a voluntary observance standpoint. It is highly possibl~ that this sign will cor~nand enough respect from the public that many of the police officers presently assigned to school duty can be relieve. for the performance of more important duties. ~e signs would be erected far enough in advance of school zones and crossing locations to allow the driver to reduce speed to 15 miles per hour before proceeding into the restricted area after the flashing lights has brought his attention to the signs and he has been able to read the message. In most cases a single sign mounted to the right and facing traffic should be sufficient. On divided high%~ys, dual indica- tion with the right signal mounted curbside end the second sign mounted to the left in the median would be desirable in many cases. In extreme cases the assembly might possibly be arranged differently and suspended over the center of the approaching traffic lane. This sign can he procured and erected at a unit cost of less than $200.00. Operating cost ~ill be less than $1.00 per month for electric service. Eight such units can be obtained and installed at the price of the average traffic signal. Being a standard sign, conforming to the Virginia l~anual of Unifor~ Traffic Control Devices, this installation should neet with general acceptance by the public. It has the advantage of clearly indicating school zones and crossings as well as pointing the time that these are in actual use. These features should increase public respect, resulting in better control of speed tkrough these areas and a better lookout for the children. In many cases the improvement should be gre~ enough to permit police officers now assigned to school duties to be released for the performance of more important functions. It is suggested that an initial installation of these signs be made on a trlal tasls at the following crltlcal locations: %'ashington Hgts. School -Melrose Ave. 4 School Zone Signs Forest Park School - Melrose Ave. 2 School Zone Slgns Melrose School - Orange Avenue 4 School Crossing Signs Park Street School - Franklin Road 2 School Crossing Signs These signs can be procured and installed within six ~:eeks. With im~uediate approval, they can be in operation prior to the closing of the present school term. Funds are available in the present traffic s!gnalappropriations to carry out this work. Respectfully, (Signed) F. H. 'Jebb Captain F. R. !!ebb Superintendent of Police' iT. ere are no appropriations necessary, as adoqnate funds are in the Budget for traffic control. Respectfully submitted, (Signed) Arthur S. O~,'ens City ~:unager" After a discussion of the plan, llr. Young moved that Council concur in the recormendation of the City l,:an~gar with the exception that the ;~'ordfng "!.~en Flash- ing" he deleted on the signs as s.ho~m on the drawin£s presented. The motion ~..~s seconded by !'.r. Minton and unanimously adopted. APPOIL',~-'IYS-ELECTRICAL II;SPECTION: The City ~:anager submitted vritten repoz advising that he is appointing h~r. C. 'J. Boon on the Roanoke Electrical Examining Board in furtherance of Ordinance So. ~SES, dated October ~8, !94G. The report %~'as filed. AIRPORT: The City ~.[anager presented the following report, together with draft of a Resolution~ in connection %~'tth amending the Grant Agreement relating to Project No. ~-44-01~-205 at the Roanoke L'unicipal Airport (!foodrtum Field): "Roanoke, Virginia April S, To The City Council Roanoke, Virginia Mentors of Council: In our last project at the Airport, No. 9-14-012-205, the original project per.uitted the expenditure of $50,050.00. Subsequent resolutions and letters by City Council reduced this Grant-In-Aid from $25,000.00 to $14,000. The total cost of this project to date is $~,690.E2. ~le attached resolutiol properly dra~nu by the legal department, corrects the Grant agreement, which consistent ~.~ith your directive. Respectfully submitted, (Signed) Arthur S. City L'anager" In a discussion of the report and resolution, the President, ~ir. %fetter, pointed out that Council ~..ms previously informed it ~.zould not he necessary to amend the original Grant Agreement verbatim, and expressed displeasure in the ~;ay the ..matter ~:as handled. The City Attorney advised that this amendment to the Grant Agreement does exactly ~zhat Council has previously approved by prior Resolution and that this only carries out the amendment on gover~Lment forms. After a further discussion of the .~tter, Mr. %foody offered the following Resolution as an emergency measure: (~12092) A RESOLUTION adopting and approving the execution of an amendment to Grant Agreement relating to Project No. ~-44-012-205~ Roanoke Municipal Airport (k'oodrtum Field), Roanoke, Virginia~ between the United States of America- Ad..ulnistra 269 270 of Civil Aeronautics, and the CI~ OF ROAnOKe, Virginia, accepted by the City of Roanoke on the 3rd day of June, 1953{ and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 147.) }Ir. lfoody moved the adoption of the Resolution. The notion ~s seconded by Mr. {lanes and adopted by the following vote: AYES: Council members }lanes, Minton, Pickett, ~.~ldrop, Woody, and Young .... ( HAYS: The President, IV. Webber ............ 1. BUDGEi-Jb~WENILE DEI~2;TION ti01.2: The City Manager presented the follo~.~tng report in connection with the purchase of dining room equipment for the Juvenile Detention ii,ne .' "Roanoke, Virginia April 5, 19S~ To ~e City Council Roanoke, Virginia ]~embers of Council: The Department of ?elfare and Institutions has approved the purchase of approximately $428.00 in equipment for the furnishing of the dining room at the Roanoke Detention }[one. I have attached hereto a letter from the Bureau of Accounts of the Department of Welfare and Institutions, an estimate from ~illiam P. Swartz and Co., a requisition from the Chief Probation Officer at the Juvenile !lone, and a letter from Richard %f. Copeland, Director of the Department of ~'felfare and Institutions, approving the expenditure. I an also attaching a survey ~ade by ~. Robert P. Runter of our Recreation Department, who assisted the Juvenile tlone Superintendent in pla~_ning the recreation and rehabilitation program. If you will authorize expenditure of these funds the State will refund the total cost. Respectfully submitted, (Signed) Arthur S. Owens City Manager" After a discussion of the matter, Mr. {~inton moved that Council approve the ~xpendlture of $428.00 at this tine for the purchase of dining roan equipment and that the matter he referred to the City Attorney for preparation of the proper ueasure authorizing the purchase and appropriating the uoney for presentation to ~o~ncil and adoption at its next regular meeting. ~e notion was seconded by ;Ir. Voody and unmninously adopted. PARKS ~D PLAYGROLU~DS: The City ~!anoger submitted the following report Ln connection with the purchase of telescopes for use on Mill Mountain: "Roanoke, Virginia April 5, 19S~ To the City Council Ho~noke, Virginia Members of Co~ucil: During the past two years ~e have attempted to purchase telescopes for Hill Mountain. Due to the various restrictions on leases, we have been una{ to accomplish this. Tne City has felt for so~e tine that we should o~ these telescopes instead of renting then, which is very costly to us. ~'e have had conference and so~e correspondence with the Hy-Power Viewing Corporation, ~.~o will perm us to purchase the machines at the expiration of one year. I w~ould suggest that the legal department be instructed to prepare the necessary ordinance end contracts per~Itting us to enter into an agreement for the purchase of the viewing machines. Respectfully subnltted, (Signed) Arthur S. Owens City P~nager" In a discussion of the report, the question ~s raised as to what the purhca price of the telescopes would be at the expiration of one year, ].~. Yo~ug advising that he feels the city should not agree to buy until a definite price for the telescopes is quoted. Mr. Woody moved that the matter be referred back to the City l~nager and that he negotiate further with the corporation as to price. The motion ~s seconded by Mr. Waldrop and unanimously adopted. REPORTS: The City l~anager suh~tted written reports from the I.~uniclpal Airport ar~ the Police Departzent for the month of February~ 19~4; alsot reports from the Electrical Department and the City ~rket for the m~nth of }!arch, 19~4. The reports were filed. A~.~HOUSE: ~e City I.~anager submitted %Titten report from the Almshouse for the month o£ February, 1984, showing a total expense of $2~290.97, as compared with a total expense of $1,710.0S for the zonth of February, The report %~s filed. FIRE DEPAR~-.';T: The City ~[anager submitted x~ltten report advising that Gerald Grayson King hae resigned from the Fire Department effective ~arch lS~ 1954. ~;e report was filed. TRAFFIC-CI?£ PROPERS: ~le City ~:anager preseutcd %~ltten report, to~ether with the followin~ letter from ~fr. Charles P. Lunsford~ President, :!emorinl and Crippled Children's Hospital, in connection with leasing to the hospital city property designated as Official ~o. l~ilOOS~ located on the %.:est side of Jefferson Street~ south of Roanoke River, for additional parking facilities, for Council's attention and disposition: "!larch 12, ~. Arthur S. Owens City !!anager, City of Roanoke Roanoke~ Virginia Dear Sir: On :~iay lath, 1953, 1%Tote you with reference to the city leasing the land facing Jefferson Street, backing up to the U. S. ].IcClanahan property, and located just south of Joe Taylor's filling station for a parking lot for the ~4ezorial & Crippled Children's Rospital. You, of course, realize our hospit is going to be faced ~*ith the necessity of providing a sizable parking lot to take care of the ears that %.~ill come to and from this hosnital during a t~enty-four hour period. I remember your taking time out to call m, over the telephone and tell ne to bring this subject up at a later dat~ ~,%d that you ~Jould be glad to discuss it with Council and see if you could possibly give us a favorable answer. A~Riting your advices with interest~ and ~.~ith kindest regards, I am Very truly yours~ !-~.~ORIAL & CRIPPLED CHILDRE!i'S HOSPITAL (Signed) By Charles P. Lunsford President" In this connection~ the City Clerk brought to the attention of Council a co~munication from a special com~nittee of the ~4ill ~ountein Garden Club, advising that they appreciate the pressing and im=uediate need of tile hospital to supply additional parking areas, but that they feel the strip of land in question is ln- adequate~ both as to capacity and location, and that since the strip of land has Seen transformed into a beauty spot they desire that it be left intact, suggesting an alternate that the city alto~ parking on the eastern end of the South Roanoke Park, just west of the underpass. In a discussion o£ the matter~ the City /.~anager suggested that one~%.~y traff! ~ould be established on the new extension of Crystal Spring Avenue and parking this street, and, also along the drive in South Roanoke Park. ~.~. Young expressed t~e thought that the hospital request is a temporary advising that he feels it should not be turned do%.~ at this tine and that study and consideration should be given to the rmtter. 27 2' After a further discussion of the matter, ~. Hinton advised that the reques of the hospital should be considered further and moved that Council take the m~tter under advisement for one week and that members of Council view the property tn quest the City Manager in the meantime to give further study as to a solution to the parkl: problem of the hospital. The motion ~.ms seconded by Hr. %Mldrop and unanimously adopted. REPORTS OF CO~.ZIITTEES: CLAII~-?fATER DEPAR~NT: Council having previously referred to the City Attorney and the City l[anager the recent request of Mrs. Lena H. Arnold that she be reimbursed by the city for alleged damages to her property, as suhuitted by her attorney, ~[r. A. Lis:cod Holton, Jr.~ the following report ~,ns before the body: "April 5, 1954 II: RE: Claim of ~[rs. Lena I!. Arnold To the Co'~ucil of the City of Roanoke. Gentlemen: At your regular meeting held on }~rch ~, 1951~ you referred to the undersigned for investigation and report the nest recent claln of !~re. Lena H. Arnold, presented to Council by her attorney, A. Lin%-~ood Holton, Jr., Esquire, on that date. Specifically, the undersigned were directed to deternine, if possible, ~hether or not ~Irs. Arnold has a valid claim nnd, if so, ~kether such ~e against the City or against its contractor erected a fence adjacent to the claimant's property. Our inves%i£ation of this entire m~tter leads us to report to the Council that, in our opinion, no valid claim lies agninst the City for any d'~:~age done to property of the claimant and there are eu!uuarlzed belo~: a mauler of facts ~ich lead us to that conclusion: Prior to the construction of the ?~shington Heights t~ter Tank and the %:ire fence around the City's %.~ter tank site, the City had become the fee simple ovr. er of the ta~ site and the presently fenced area by proper deeds of record in the local Clerk's Office. At the tine of the City's acquisiti~ of said site, and ~.:hich Hrs. Arnold %~ee using for purposes of ingress and egress to her property an uaiinproved, unplatted road%.~y across the southerl) portion of the tank site property. TT~e two masonry pillars ~-~hich l~s. Arnoli has mentioned were located on the City's property well to the south of the passage~ay used by !Irs. Arnold and, seemingly, marked and flag, ed the locati of an older passageway wkich had long since been abandoned hy :~s. Arnold, %,~s completely overgro~..~ and no longer usable as a passage~.~y. Prior to the City's removal of the masonry pillars from its land, a City representative had notified l~s. Arnold that s~ne ~ould have to be removed but that she ~ould be allo~ed to sqlvage the materials and use them in reconstructing th~ pillars on her o%.~ land, if she so desired. For various reasons ye are of the opinion that Hrs. Arnold had no property right in the masonry pillars at the time they ~ere removed from the City's property. ~ are advised by several members of the ~'~ter Department that, If necessary, it can he estah]ished beyond all question that the cherry tree and the pereir.uon tree ~ich Hrs. Arnold has ~entloned were both located on Cfty-o%r~ed property and no City official or employee has ever seen any privet hedge, lilac bushes, ~.~lnut tree, ~hfte pines, or jonquilst iris or lilies %~ithin any of the area affected by the fencing of the City's property or the construction of the %~ter tank.. It appears that before the City's contractor~ Reliance Equipment Company, co~uenced the installatimof the present wire fence adjacent to Mrs. Arnold's property, %~ter Department officials approached ~s. Arnold and advised her what was intended to be done; that ~s. Arnold .,.~s completely agreeable to the removal of the very old wire fence which %~s then so badly overgro%~ with honeysuckle and other undergrowth that the ~ire fence was hard to distinguish; that Mrs. Arnold requested only that certain old posts in the fence line be allowed to remain ~hich %~s done; that as many of the usable posts that were removed be saved and given to her along with as much of the old fence wire which could be salvaged, both of which were done; that in clearing the line of the new fence, the City's ~'~ater Deparbment forces using a bulldozer, scraped off of the surface of the land the honeysuckle and other undergrowth but did not go materially belo~ the surface of the land; that during the entire fence removal and land-clearing process, ~s. Arnold %~s personally on the scene of operations a great n~uber of tines, offering suggestive as to the manner in %-~hich the fence removal and land-clearlng operation should he carried out but not objecting at any time to anything that %.~s done by the City's forces nor stating to them that there %,~s any growing t.hing within the honeysuckle along the old fence llne which she wished to be salvaged; that during the period of the City's work and at the conclusion thereof ~s. Arnold see~ed completely satisfied with the nar~er in which the same %~s done. Under date of October 17~ 19~3, l.~s. Arnold complained to the ~yor in %Titing of the removal of the nasonry pillars and uprooting of a 'large tall tree' and demanded that the pillars be replaced and that three dog~ood trees he planted or, in lieu of that, that the City pay her $100.00. ~nere- after, although the City denied its legal liability so to do, the %~ter Depar~ent arranged to have four dogwood trees planted on ~{rs. Arnold:s property and graded for her on her property a new road%~y on which several loads of gravel were placed. Later, on November 6, 1953, Mrs. Arnold again made claim against the City through the }~myor for the replacement of the masonry plllars and three S-foot dog~ood trees or, in lieu of that, payuent of the sun of $201.~. On March 22, 19~ A. ~n%~ Molton, Jr.~ Esquire, attorney for Arnold, appeared before Co~cil and ~de claim for %he s~ of $~5.~ detailing l~ as being for the rene%ml of ~sonry pillars, the bulldozl~ 1,OSO square fee~ of land of the clal~nt, the loss of 120 fee% of privet hedge, 1~ fee~ of lilac hedze, several h~dred bulbs, a lO-lnch persl~on tree, m 7-foo% high black %~lnu% and a stroll whl%e plne. By deed da~ed October 1, !.o2, sl~ned and acSmowledged by %he City and Mrs. Arnold on October 21, 1953; the City conveyed %o }~s. Arnold (no~ ~co~lrned' as ham been alleged) the southwesterly portion of l~s southerly- most parcel of land and, in conslderatlon of that conweyance~ Mrs. Arnold released, qultclalned and conveyed to the City all right, title and lnteres~ which she ~y have had or clalned to have by prescription~ easement or other%~lse, ~n, on or over any portion of the property of the City adJo~ning the property of ~.~rs. Arnold. It ~s our opinion that the City has been completely fair with ~rs. Arnold in the entire transaction and that it attempted to be note th~n fair with her ~n acceding to her request that t~ee dogwood trees he plante( usable drAve%~y leading off of ~yoning Avenue and tyAng In with the older road%.~y %~hich had passed t~ough the City's property but %shich she released In her deed of October 1, 19S~. In conclusion~ and while re-emphasizing that %'e do not believe the Is legally oblAgated to ~s. Arnold In any %~y, 1% is apparent that this r~atter nay not he completely se%bled ~ntil a Court h~s ruled~ ~rs. Arnold's cla~n If ske desires to bring suit against th9 City. ~erefore, and in order to put %he matter completely at rest and s~ve both part,es the time and expense of further conferences, ~nspections nnd lit~gation, %.~e respect- fully suggest that the Council might, ~n all propriety, offer Hfs. Arnold sene nominal sum in order that no further ill feelings he genera%ed. ~e amount of such compromise Offer to Hrs. ~%rnold %~ould he such that Council nighb see fit to make. Respectfully suhn!t ted, (Sf~ned) Arthur B. City ~.[a nager (Si~ned) Ran G. City AttoFney." In a discussion of the report~ ~[r. ltolton revie%~-ed ~s. Arnold's claim and argued several points brou6ht out in the cormunicatton~ advisin5 that his client ?illing to conpronfse hep claim and that he had indicated a .~.OO compromise fi[ute to the City ~[ana~er. After a further discussion of the matter~ ~!F. Yo~f advised that he ~ould like to personally look at the property and n~ved that action on tke report be carried over for one %.~eek and that those members of Co~ucil %d~o desire to [o out and look at the grounds do so. ~e motion ~.~s seconded by ~. Voody and unanimously adopted. ~fAT~R DEPOneNT: Comnc[1 having previously appointed a cor. uittee to confer with a comuittee heretofore appointed by the Co~cil of the To~.~ of V!nton regardi~ ;the settlemsnt of issues resulting from the recent ,~mter controvsrsy decision, the comuittees submitted the follo%.~fng joint report: "Roanoke ~ Virginia April 2, ~e Honorable The Council of the To%m of Vinton, Virginia ~ne tlonorable ~e Co,~cil of the City of Roanoke, Virginia Gentlemen: A Joint meeting of the ~'fater Co~.nittees of the Totem of Vinton and of the City of Roanoke %ms held at ttotel Roanoke~ on April 1st, 19~, at o'clock~ p. n. All members of beth co=uittees %,ere present. After due consideration of the problens~ hereinafter mentioned~ the City's Cor. uittee hereby ~kes the following report and reco=mendations to Co~cil: 1. In event ¥inton should request the City to include, in its schedule of water rates, a rate applicable to towns purchasing, from the City's Department, substantially all commercial and domestlc ~mter cons~ed within their corporate limits and reselling the sa~e to its citizens, the City's Cormlttee reco=~ends that such rate be fixed at rates applicable to consu=ex residing within the City as such rates rmy, from time to time, be changed by City Council; and that the effective date of such rate be the SOth day of !~rch~ 1954. 2. In event such a rate is established by the City, and the To~n as a customer of its ~ter Department, that ¥1nton be granted the right to resell u~ter to parties residing in the Blue Ridge IIeights area, and its vicinity, and desiring to purchase ~ter from the To~, provided: a. ~mt the To~ installs and r~intalns all requisite service facilities at its entire expense; and b. That the Tou~ supply the City ~ith a notes and bounds descr! of such area, to be approved by the City, beyond ','hich this privilege shall not extend. S. That Vlnton be permitted to pay such portion of its %mter arrearage bill, due as of l~arch SOth, 1924, that it does nat elect to curtal! oromotly in not more than ten (lO) equal a~mual installments; that such insta~lmehts be evidenced by notes of ~he To~.~, payable to the City, %~ith interest at the overall rate borne by the To~.m's se%mge treatment bonds; and that the be given the right to anticipate the payment of such notes in the inverse order of maturity. 4. Ttmt the Acting l[anager of the City's ~ter Department promptly supply Vtnton ~lth a verified, itemized statement of the unpaid amount due the City for %;ater delivered the To~..m prior to ~[arch SOth, 1~54; and that the portion of such %.uter that %.~as resold, by Vlnton, to citizens of the City, residing in the Kenwood-Idlewild Sections, be billed, on such statemen at the rate of 5¢ per 1,000 gallons. After due consideration of the problems, both herelnabove and herein- after mentioned, the Team's Co~uittee hereby m~kes the following report and recorb~endations to its Council: 1. Each member of Vlnton's Cor~nittee expresses conviction that the above report of the City's Co~ulttee is fair and ~manimously recor~ends, to the Vinton Council, that said body promptly ratify, approve and confirm this joint report, in its entirety, and officially notify the Council of the of Roanoke of such action. 2. That such confirmation of this joint report, hy Vinton's Council, regarded also as an expression of that body's willingness to continue to resell x~Rter to residents of the City, residing in the Ken%~ood-Idle%~ild Sections, from existing mains, for a reasonable time or until the City extends its mains to reach such citizens and to charge such Roanoke citizens at prevailing City rates; provided that the City gives the To%~ proper credi for such service, on each future monthly statement rendered it - the proper monthly credit being the difference in the amount actually charged such Roanoke citizens and the amoEnt such Roanoke citizens ~ould have been charge~ had Vinton's higher rate been applied to them. Respectfully submitted, (Si~ned) t~tter bf. ~ood (Signed) Guy L. Gearhart (Signed) Nelson R. Tnurman Chairman Vinton's ~'fater Co=nittee. (Signed) Roy L. l.febher (Si~ned) l,falter L. Young (Signed) Ran G. l~ittle Chairman Roanoke's ~'fater Co=~lttee." After a brief discussion of the matter, ~M. t!anes moved that the report of the co~nittees he adopted. The motion %~s seconded by ~M. %reedy and unanimously ,ted. In this connection, ~M. '~Jaldrop moved that the City Clerk for~.Rrd copy of cor. uittee report to the Council of the To~,m of Vinton. The motion was seconded by Pickett and unanimously adopted. SALE OF PROPER~K: ~'T,e City Hanager presented ~.Titten report from the city's mal estate co=mittee reco=uending the sale of a city cbt, ed lot located on the south ;ide of Ho~bert Avenue, S. ~., west of Eleventh Street, described as Lot 16, Block 2 ~sena ~!ap, for $550.00 cash net to the city, to ~M. A. L. Roberts. On motion of lit. young, seconded by t.tr. %:aldr~p and unanimously adopted, the report of the com'~lttee %~as concurred in and the City Attorney requested to prepare the necessary Ordinance providing for the sale of the lot. ~INIS~D BUSINGS ~ ZOI;~NG~ Action on a request of ~-~. Robert %I. Spessard, Attorney repres~nting ~. E. P. Nabors, J~., ~ha~ proper~y located a~ the southeas~ corner of Burrell Stree~ and ~%Itten Avenue, N. ~., be resorted from Special Residence to Business Dlstr~ct, havln~ been deferred until the presen~ ~fne, ~he matter ~.ms a~atn before b~y. In a discussion of the request, lit. S~essard again pointed out the need for ~a store in the area, l~. Hanes advising that the lot in question Is a good loca~ion and feels that Co,~ci! should consider the request to rezone the ~roperty since the people in the areu need a store in their sec%ion. After a further discussion of the matter, l~r. !goody moved that an Ordinance rezonlng the property he prepured by Mr. Spessard, subject to the approval of the ~City Attorney, for Co~cll~s consideration at its next regular meeting. ~e notion %fas seconded by ~. Young and un~ninouzly ~dopted. S?A~ HIG~HfAYS UI~{IN CI~f LI~iI~S: SUREE2 !2DE~I~;G: Council having taken under advfsenent a report from the Cl~y H~nager dated Karch 29, 19~, In relation %o the acquisition of properties o%.med by ~[rs. ~omuie Lee Sharpe and Hr. Gregory L. Smith necessary for the widening and improvement of Hershherger Road, N. U., in order to give the members of the hod un opportunity to view the lands In question, the ratter ~s again before Council. Council being of the oplnion that the offers rmde for the properties Is a fair settlement for the land and damages, ~. Uoody moved tb~t the City Attorney be instructed to prepare the prooer Ordinance providing for conder~ation proceedings for the acquisition of the lands needed and to present sane for Co, oil's considera- tion at its next regular meeting. The no~ion was seconded by ~r. l'~uldrop and unani~ {adopted. CO~SIDE~TION OF C~I!~: None. IN~ODUCTIO~ ~ID COi~SID~TIO~ OF ORDI;~;CES AND RESOLUTIOBS: S~EEYS A!;D ALSYS: Ordinance No. 1EOGS, vacating, discontinuing and closing a cert~in t~elve foot alley in the south%*est section of the City of Roanoke~ within the bomnds of Block SO, according to the ~lap of the Crystal Spring ~nd Company, having previously been before Co,oil for its first reading~ read and laid over~ wa~ again before the body~ Mr. ~faldrop offering the following for its second reading an~ final adoption: (~1~088) ~ O~INA}iCE vacating, discontinuing and closing that certain twelve (12) foot alley in the Southwest section of the City of Roanoke, Virginia, within what Is sho~ as the bounds of Block 50 according to the l{ap of the Crystal Spring Land Company, which ts of record in the Circuit Co~t Clerk's Office of Roanoke Co~ty, Vir~inia~ in Plat Book 1~ Page 102, said Block 50 of said r~p lying ~within the bo~ds of the streets then and now designated as follows: ~IcClanahan ~Place now McClanahan Street on tBe S~th, Virginia Avenue now Crys~l Spring Avenue on the ~st~ an ~anad SO foot street on the North, and an ~aned Street now ~osallnd Avenue on the %feat, said twelve (12) foot alley bisecting said Block, Lots 1 7, inclusive, lying on %~esterly thereof, 1G, inclusive, to the Lots 8 to ~!ying on the ~sterly side thereof.  'Fo ooz o ~0 Pa e 1~3 )  { r full text of Ordf~mnce~ see Ordl~nce B '. I! . ~ , g ~ · ,usly 2?5 ~r. %.~ldrop moved the adoption of the Ordinance. The motion ~s seconded by [Ir. Hanes and adopted by the follo~fn~ vote: AYES~ Council members Hanes~ }~lnton~ Plckett~ %:aldrop~ ~o~y~ Yo~g~ and the Pres~dent~ ~. %~ebber ............ 7. NAYS~ }lone ................... O. BONDS~ Ordinance No. 1~0~ providing for the issue and sale of in re~nding bonds~ ~v~ng previously been before Co.ell for its first reading~ read ~d lald over~ %~ms again before the b~y, }~. Young offerlng the follo%,lng for its second reading and flnul~option: (~i2090) ~; ORDINA~CE to provide for the issue of hondo of the City of Roanoke, Vlrginia~ in the ano~t of One ][il!ion One H~dred Sixty Thousand Dollars ($1,160,000) to provide f~ds ~'ith %d~Ich to retire~ at ~mturlty, One ~[lllion One Hundred Sixty Thousand Dollars ($1,160,0~) outstanding tern bonds of the City of Roanoke, Virginia, that become due and payable on the First day of July~ 19~. (For ~all text of Ordinance, see Ordinance Book ~o. ~0, Page 145.) Hr. Young moved the adoption of the Ordinance. ~,e motion %'as seconded by i~r. ~i~nes and adopted hy the folloving vote: AYES: Council members Hanes, ~i!nton, P!ckett~ %faldrop, %foody~ Yo'~g~ and the President, ]Ir. %feLLer .............. 7. !fAYS: i~one ...................... O. PARKS A~iD FLAYG~OiU~DS: The City Attorney having heeu requested to prepare the proper Ordinance granting certain concession rights and privileges at Rocklcdge Ir.n to ~r. Jotul L. God?:in~ he presentod same; ~.;hereupon~ i~s. Pickett moved that the fo!lo%;ing Ordinance he placed upon its first reading. ~ne motion %fas seconded hy ~[r. ~%!drop and adopted by the fo!lo%finE vote: Ak~S: Council members Hanes~ I[inton~ Pickett, !<a!drop~ !foody~ Young~ and the Prssfdent~ ~r. Vehher ............ 7. (f1~092) AIl ORDii~.CiCE authorizing and directing the City l.[anager~ for and cn kehalf of the City of Roanoke, to enter into a contract ~cith Jo~u L. Godvin granting certain concession rights and privileges to be exercised at the Rockledge Inn~ located on IIill ![~tain~ in the City of Roanoke. %2iEREAS~ the Co,mci! did heretofore direct public advertisement for sealed proposals %o be received in the Office of the City ~chasing Agent in the Building, ~til 2:00 o~clock~ p. n.~ ~iovemher ~ tPfS~ at ~,~hich time no proposals ~ere received for the concession rights at Rockledge Ir~ and at %~hich time the Hsnager ,~ms directed to readvertise for such proposa!s~ to be oFened on November !~, 19~2~ at E:O0 o'clock~ p. m.~ in tke City ~rchasing Agent's Office~ at %.'hich ti~ue also n9 proposgls t,:ere received~ and 15~%S~ the City IIanager has~ in the meantlne~ reached an agreement IIr. JoP~l L. God%~in for the privilege of operating the concession rights at Rockledg Ir~n and has received from him an offer of lO,on gross sales of concessions at this location for the 19~ seasun~ %fith permission to he granted him to sell souvenirs and he agreeing to take over the rer, alning souvenirs the City has on kand at Rock- ledge I~ at the cost price thereof to the City and~ further~ the City to furnish the chairs necessary for use at the concession and that the American Legion Post ~3 %¢ill provide to the concessionee all necessary tables therefor~ and %~{EREASt the proposal made to the City ~[anager hy John L. Godwin constitutes the only offer made for the concession rights and privileges at Rockledge Irua~ and in the Judgment of this Council should he accepted. ~IEREFORE~ ~E IT ORDAIh~D ~y the Council of the City of Roanoke as follo,..;s~ 1. That the proposal r~ode by John L. God~n to the City ~nager to pay to the City 10~ on gross sales of concessions at Rockledge Inn for the 1~54 seasont ~lth permission to him to sell souvenirs and he to purchase from {he Git)' the lng sou~enlrs the City has on hand at Rockledge I~.n at the cost price thereof to th=. Clty$ the Git)' to furnish chairs necessary for the operation of such concession and he to give assurance that the knertcan Legion Post ~-S %~1!1 provide necessary tables Jo-%~ L. Godv~n entering ~nto a %=ltten contract %;~th the City~ upon such form as ~s approved by the City Attorney, emhodylng~ inter alia~ tLe ~forez~ld terms and conditions and such other provisions ~s m~%y ke required by the City ~[annger, inc!ud] thnt of hand to Le posted by the concessionaire to insure tke keeping of proper records and the making of true~ full and accurate reports to the Clty~ and 2. That the City ][mnagey he~ and he la hereby, autkorized and direc%ed~ for ~nd on behalf of the City of Roanoke~ to execute the above-mentioned contract upon tke parties for the period ~iay 1, 19~I~ to December 31, !Pbl. ~e Ordinance having been re~d~ ~ns laid over. GRADE CROSSI~CS: The City Clerk brought to the attention of Council ~n Ordinance as prepared hy the City Attorney %;lth reference to the acqn~sition of certain property situated at the corner of !~orfolk Avenue and First Street~ S. E.~ needed ~n connection %~Ith tke construction of the Jefferson Street Grade Crossing Elimination Viaduct and Pro,eot. In this connection~ the City ~[anugeri~ad the follo%:fng letter from the City Attorney addressed to IL~. ~f. Fra~[ Snlth~ Urban Engineer, State Department of }iighl.:ays: "I[arch 20~ 19~ t;r. ~'f. Frank Smith Urban Engineer State Department of Hi~h%.~ys Ric~!nond 19~ Virginia Dear ~. Smith: RE: Jefferson Street Grade Crossing Elimination Viaduc~ and Pro,eot - Edna H. and Lei~h P. tIuff- Parcel ~o. 14. %fith reference to the acquisition of that portion of the Leigh P. Iiuff property required as a portion of the right of %.~y for the caption property, I ~eg to advise that the folio%zing developments have occurred recently: A coherence %ms held on Uednesday~ ]:arch 24th~ 19~ x-zhich =..ns by I.~. Leigh P. Huff, one of the two o%.~ers~ I:essrs. Young and I;elson of I{orfolk & %festern Rail%.~y Company, officials of the City and of the Great Atlantic ~ Pacific Tea Company~ at %~:hich the problems presented ~,'ere care- fully revie%¢ed and analysed. I. As a result or this cor~erence, I have received~ %zhat I take to a firm ~itten offer, dated I,[arch 25th, 19~ from the A. ~ P. Company~ pursuan~ to %.zhich that con~any agrees to accep~ $12~0.00 tn cash in compensation for relocating the equipment~ flxtures~ etc. ~ necessitated by the required alterations to the kuilding proFer. %.~fle the A. & p. Company letter is silen~ relative to any loss of business occasioned by the change in the Luildlng proper (hereinafter-mentioned) and the relocating of fixtur~ a~d equipment~ this question %~s~ nevertheless~ carefully discussed at the last-mentioned coherence. And I x,~s left ~der the impression that these changes could all ~ ~de ~y that company in such ma,,er as to cause such a mini~n in loss of kusiness that it %~oul~ make no claim rot such loss. The City Is allot'ed thirty days from l~arch 25th %'ithin ~.fnich to accept this offer. II. I recelved~ on yesterday morning's mmil a si~ned cody of a lette- ~i~ten 5y !~. A. P. Hartfn, a local contractor,'to ~-~ Leigh-~. Ilurr, datg~ ~4arch 27th~ 19~ ~n %rhich he makes a finn bid to recondition the ~'eals and~ B~ke property and the present A. ~ P. st~re kuflding, as 6irected 277 27.8 by llr. lluff and the A. & P. Company officials, for the sun of $28,792.00, III. I have reason to believe that you have been lnfor.ned that the City has obtained an option to purchase the lIeale and Burke prol~rty for cash. This property fronts on Salon Avenue: is 25 feet vide, is contiguous to the westerly line of the main A. & P. Company store and extends, in a northerly direction, a distance of 100 feet. This option expires on April 24th, 1954. The City also has obtained an agreement with the tenant~ for years, of this property pursuant to ~:hich he agrees to surrender his lease for $2500.00 cash If the three agencies involved are agreeable to the proposals outlined in this letter, It is my hope that the City may assign its option to acquire the Meals and Burke property directly to Ils. Huff. This ~,ould make it unnecessary for the City to acquire title and lnr~ediately reconvey it to IIu! In addition to the conditions and proposals detailed in n~mbered paragraphs I-llI~ inclusive, supra, the following problems are recognized by lis. Huff, the Rall~.my Company, the A. & P. Company, and the City; and it is tentativel agreed bet,,eon them that they nay be solved as folle,~s.' A. The Great Atlantic & Pacific Tea Company contends that it ~,ill be irreparably ds_ringed if provision is not made for the unloading of produce Lrucks at the rear of the reconditioned l~eals and ~nurke property. The City desires that provision be made so tint trucks, in the future, r~y enter its :fates Department property, that adjoins the ~[eals and Burke property on the ~'est, fro.n Norfolk Avenue. Therefore, subject to complete agreement in the pre~ises, it ~'as tentatively understood, by the parties attending ;;ednes day's conference, that a public alley ,::ill be opened, by and at the expense of tbs City, running from Norfolk A~?nue, under the Viaduct, to the rear of the ~:eals and Burke property. And that, upon acquisition of the Heals and Burke property, the fluffs xzould convey the sr~all triangular strip of land, sho~m on the enclosed plan, to the City to enable access to its said "atop Department property. ,~.:e proposed alley x~ould, accordingly, allo:-~ trucks of the A. & P. Company to back up to the rear of the reconditioned l:eats and Burke property and it ~ould also provide a future means of ingress and egress to and from the City's adjoining ~:ater Department property. It very definitely understood that the A. 2, p. ComFnny :zot'ld be granted no superior rights in the proposed alley. ~mt ir, that ~x:ould be a cub!ir alley and not an ease:'.ent established for the sole use of the City and the A. & P. B. The City x~ould convey Late the Huffs a narrox.~ strip of land off of its ~ater Cor~pany lot that fronts on Norfolk Avenue and is presently bounde~ on the east and south by the tloff holdings. This narro~ strip is also on the enclosed plat. I-.'r. ~falter Yo'~g, the City Hana£er, tl;e Cit:.' Engineer, th~ City's Director of P~blic !:ork. s and the x,~riter all believe that all proposals as herein outlined should be accepted and this difficult right of xmy prob!en thereby concluded. This is agreeable to the Nor£ol~ & :festern Rnit;my Company. in s~z-z',ary, subject to approval of the Comnon~ealth, the City agrees: 1. To assign to the Huffs its option to acquire the ]feels and property and to deliver to them a State ~-mrrant, in the amount of :~0,000.0 ~ith :-:hich to tal~e up the option and pay for said property. 2. To deliver to H. S. Miles, a State ~mrrant~ payable to him (the tenant, for years, of the L'eals and Burke property) in the amount of $2500.0 in c:nplete payment for the surrender of his lease and for his ~oving costs. 2. ~o deliver to the A. ~ P. ComPany a State ~.~arrant to its order, in th amo~t of $12,~i0.00 in full and complete settlement for said company's expense in relocating fixtures in the altered store bullding~ loss of busin 4. To deliver to Edna H. and Leigh P. !Iuff a State x-arrant in the amount of $28,792.00, payable to their order in full and complete sort!omen for all da~ge occasioned said o~merm and the residue of their property resulting from the construction, operation and m~intenance of the Viaduct. 5. To convey ~to the Huffs a nar~o~ strip of land from the southerly portion of i~s ~'ater Department lot that fronts on Norfolk Avenue; ~:hich is sham on the accompanyin~ plan. 6. To cause to be opened, at its expense, and dedicated to the public the alley hereinabove more fully discussed; the approxi~te location thareo being sho~.m on the enclosed plan. It t, ill be seen that the dollars and cents cost of accepting all proposal~ amo'~ts to $72,6B2.00. ~e Huffs, in turn, agree to convey unto the City in fee simple, by deed containing General t~arranty and modern english cove~nts~ the land necessary for the right of x~ay and al~o the little triangular strip of land from the ~orth,zest corner of the Heals and B~ke property; both of ~:hich I discussed the ~tter fully with Council at an executive session yesterday afternoon and it !s ~animously in favor of acceptance. }{r. Yegg has l~ormed me t~t the proposals are all acceptable to the Rail~qy Company Won't you, therefore~ please let me know if the proposals are acceptable to the Co.--nonwealtht at your very first convenience, in order that I nay prepar the necessary emergency ordinance for Council's action on Honday, April 5th. Very truly your$~ (Signed) Ran G. City Attorney" After the reading of the letter, ~. Yegg offered the follo'~ng emergency Ordinance: ([120~) ~ ORDINANCE accepting the offer of Ed~ H. and Letgh P. Huff to convey unto the City of Roanoke the portion of that property situated on the northwc corner of Norfolk ~venue and let-Street, S. E., and needed as right of ~uy for the Jefferson Street Grade Crossing Elimln~t[on Viaduct and Project; accepting the offer of the Great Atlantic & Pacific Tea Company to surrender its le~se on the portion of said real estate; accepting the option of ~onas J. Burke, et a!. to convey unto the City certain real estate fronting on the north side of Salem Avenue~ S. E., generally referred to as the Heals ~ Durke property; accepting the offer of H. S. Hlles, et al. to surrender the lea~e on said ~leals ~ Burke property; and providing (For full text of Ordinance, see Ordinance Book No. ~0, Page 14?.) 1.gr. Young moved the adoption of the Ordinance. The notion ~..'as seconded by Hr. Voody and adopted by the follo~ing vote: A~S: Council nemhers Hanes, Pickett, !faldrop, Uoo~y, Young, and the Prestd~ lir. !robber .................... NAYS: ~(one ............ O. (:ir. l[fnton not voting) In this cor~ection, the City Clerk krought to the attention of Co,~cll an Ordinance as prepared by the City Attorney, accepting the offer of Eerman and Samue~ A. Trompeter to convey unto the city certain property needed tn connection ~{ith the (~12095) ~[ ORDINAl(CE accepting the offer of Herman and Samuel A. Tronpeter~$ to convey unto the City certain property~ a small portion of ~hich is needed for right of %~ay in copmectlon ~.~ith the Jefferson Street Grade Crossin~ Elimination Viaduct and Project; and~ also, to absolve and release the City of and from all damage resulting to said o%~mers' other real estate from the construction~ operation and maintenance of said project; and providing for an emergency. (For full text of OrdInance~ see Ordinance Book No. 20~ Page 1S1.) ~. Uoody moved the adoption of the Ordinance. The motion '~.us seconded by ~-M. iianes and adopted by the follow-zing vote: A~S: Council members Nanes, Minton, Pfckett~ ~aldrop~ ~foody~ Young~ and the President, lit. %febher .......... 7. NAYS: None ................. MOTIONS AND MISCELLM;EOUS BUSII~SS: None. There being no further business~ Co~,cil adjourned. APPROVED 279 280 COUI~ClL, REOULAR HEE~ING~ Honday~ April 12~ 1954, The Council o£ the City of Roanoke met in regular zeetlng in the Circuit Court Roo~ in the Huniclpal Building~ {{onday~ April 12~ 1954~ at 2500 o*clock~ po the re£ular ~eeting hour, ~,Ith the President~ Hr. Ve~ber~ presiding. PRES~{T: Council menSers Hanes~ Minton, Plcke~%~ ?aldrop~ Young~ and the President~ ]fr. ?e~er .................... APSe;T: Hr. Voody ................ O~IC~S PRES~{T: }fr. Arthur S. ~'ens~ City ~!anager, ~fr. Randolph G. x,%ittle City Attorney~ and ~.~r. Harry R. Yates~ C~ty Auditor. D~e neeting %~az o~ened ~'tth a prayer by Dr. ?. ~. Denson~ Pastor of the Y. elrose ~aptlst Church. ~ARI~;G OF CITI~;S VFOI~ PUBLIC SYOR~! DRAIES: ~rsuant to notice of 5dvertfse~ent for b~ds on the d~lllng of four stern %'ater disDosal %'ells in the ?ill~amson Road area~ sa~d b~ds to he received by the C~ty ~rchas~nc Agent until 2:09 o'clock~ p. m., ~[onday~ April 19~%~ and to he opened before the Council of the City of Roanoke at that hour~ the ~resident~ ~r. ?ehher~ asked ~f there ~as anyone present ~,ho d~d not fully under- stnnd the advertisenent~ if tkere vas anyone present %~ho kad been denied t%~e pr~v~le of lf(it~ing~ or If there %'ere any questions anyoae %.'ou!d like to ask~ and no representative present raisinf any question~ t}~e President instructed tl:e Clerk to uroceed %'irk t}:e opening of the t%.;o i;!ds received on the drillinff of the %~ells. Tie hide }:aviug been opencd and publicly read before Coun~I!~ :~r. Youn~ (fl~C?4) A RESOLUTIO~ referring kids for tke drilling of four %~e!ls in the ~.'flllazson Road area oF tke City sf ~oanoke at specific locations sho~ in tSe s~clfic~ticns and to include the furnishinC and ~nstallin[ of casings to a czn~ose2 of ~r. A~thur S. O+.'ens~ Cit~- ~[anafer~ Hr. R. ~. ~oss~ ~rchas~n~ Agent~ and ~[r. John L. ?ent~:orth, Director of ~Llic ~forks, for takulation, reDort and rec~nnendation to t~ie Co~ncfl of the City of Roanoke at its regular meeting on ~:~nday~ A~ril 19~ {For full text of ~esglution~ see Ordinance Rook ~zo. ~0, Page 1~.) }~r. Youn~ zoved the adopti~n Df tke Resolution. The motion ,~.'as seconded Ly ~r. ~:!nt~n and a~opted ~y the follo%~ing vote: A~S: Council nemSers ~anes~ ~[inton~ Pickett~ ~%Idrop~ Younc~ and the ~AYS: ~one ................. O. (1~r. ~.~oody a~sent) T.tXE~: ~r. Jchn D. Co~enhaver~ Attorney ~epresentinC tke six lndoo~ theate ~f the city, a~peared kefore Council and suS~itted a %Titten request that the city idnission tax ~e repealed at the earliest possible date~ lit. Copenhaver introducing ir. Ro%ert P- 7h~nter~ re~resentin~ the Stadi~ Advisory Com. mittee~ I~iss Elizaketh ~tarritt an~ !irs. G. Ronald Pritton~ representing the Thursday ~iorning I,fusic C!u~ Zotonel John L. Godwin and Hr. A. C. !'alker~ re~ntlng the f~erican Legion and ~olonel Lucian D. 5ooth~ spokesnan for the Garden Clu~s~ x-;ho also opposed the tax. In this connec~ion~ ~fr. Copenhaver submitted a tabulation of revenues d~rl¥~d from various local taxes showing a ¢omparlsen of incomes received~ calling attention to the fact that the floral tax and a~lssion tax pranced less In 1959 than ~n the two preceding years~ and advising that since 1946 there h~m been a steady decline In the amusements industry and that over f~ve thousand movie houses were closed tn 195~ including one local theater which has heen closed for one year at a rental ]ozs of $9~9.00, ~r. Copenhaver voicing the opinion thut the tax Is discriminatory and stating that all theaters Fay a regular huslnezs license tax In addition to the admission tax~ further advlslEg that the representatives of the groups present hope It wlll he the pleasure of Council to repeal the tax. In this ccnnect!en~ tko Stadiuu Advisory Comnlttee having previously rec3~tended that the city adnlsclon tax Ordinance %e reFealed~ und Council requested the City Auditor to make an 3nalysts of lost revenue in t~te event the Ordinance is repealed~ he submitted the follo'.<lng report: Council of the City oF Roanoke Roanoke ~ Virginia De~r }~enhers: Fnder you~ file r~o. 7~-12~ you referred to me tko reco~uend~lt!ons of the St~dl~u Advisory Com~lttee that the adn!sslons tax le rereals~] ~,nd that certain rental charges for use of facilities at I~aher Field he revised on tko d~te the repeal hec~mes effective. You re,iuested an analysis of lost revenue from the repeal oF the city admissions tax as compared with possille ad~itio~l revenue from wider use the f~c!lities at Maher Field as a result of the repenl of ~he city tax and the revision in rental charges. Any analysis based on vhat might ke done in the future is purely a guess; k~%.'ever~ %used on 19~ estimate of revenue adjusted to 195S actual~ the statement attached hereto shPws a net loss of .~0~0.00. Respectfully sugmit ted (S~gned) ~arry R. Y~tes ~{arry R. Yates City After a discnssion of the request and the report suhmitted~ }-~r. ~hldrop moved that the question of repealing the admission tux Ordinance and the report of 1 ~ity Auditor be taken under consideration for one %'eek and that the matter he Flace~ an the agenda for the next regular meeting of Council. ~e n~t~on was seconded Ay ~r. Young and unanimously adopted. RE~DS AIiD REBA~S-LIC~!SES: ~frs. A~e Franklin Nowlan appeared ~efore ~ouncil and submitted %Titten request that she he refunded ~.00 paid on a merchant license for operatlng a business kno%..~ as the FauI!y Department Store located at 4St Gilmer Avenue~ r{. !-f.~ advising thmt she operated the store for a few weeks only hut due to location and character of people she felt she could not stay in Zrs. Nowlan complaining that she did not get the police protect}on she feels ske should have, adnitting~ however, that police cars did drive by her place several times a day. After a discussion of the matter~ Hrs. ~ovlan was advised that Council Is without authority to grant her request for refund of the license fee ~aid. PETITIONS A}$D CO~gUiICATIO!~S: ACAD~,5' OF ~SIC: A co~nunication from :.frs. Arthur T. Ellett~ President, Roanoke Fine Arts Center~ requesting that Council give conslderatlon to providing ~dequate and proper quarters as ,well as financial assistance for the work heine car on ky the Roanoke Fine Arts Center~ !ncorporated~ when plans are dra%.m up for a new City Auditori~ was before the body. 281 ed 282 In this connectlon~ Dr. H. Sherman 0berly, President, Roanoke College, appea before Council, along with )Ms. Ellett and Mr. B. F. Moo,~aw, former Executive Direct of the Chamber of Com~erce~ Dr. Oberly pointing out the need for adequate space for the holdlng of classes, displays and art exhibitions and respectfully requesting that when thc plans for such a building are received that the Board of Trustees of the 'Fine Arts Center be given an opportunity to go over the plans when they are considered. }Ir. Meadow advised that he feels the question of providing quarters for the center is a municipal matter and not one of individual groups and requested Council to give careful consideration to the request %'hen the plans are drawn up. After a further discussion of the matter, ]~r. Young moved that the com.qunica tion and the request be filed to be considered later along with the report received from the Joint Auditorium Co~nittee appointed to consider the construction of suitable audftori~nq to replace the old Academy of ]fusic Building vh!ch Council has previously taken under advisement and st~dy. ~:e motion %:as seconded by !!rs. Picket and unanimously adopted. T.%~ES: A co~unfcatfon from !!r. Duke Tkonas suggestin~ that Council give consideration to a city payroll tax on sa]aries of people %:ho work in Roanoke and reside e!se%.'here~ ~as before the body. On motion of ]~r. !'aldrop, seccnded by ~r. I,lfntcn and unanimously adopted~ the cor~nunicntlon was flled. ?A.'ER DEPAR~,~I?: ~qe following communication from ~!r. G. L. Gearhart, Acting C!erk~ ?o~ of V!nton~ ~as before Colmc~l: "April 7~ 19~ City Clerk City of Roanoke~ Roanoke, Virginia. Dear ~r. Moorman: The Vlnton Town Council, at a meeting on Tl:esday~ April g~ 19~!~ received the report of the %%ter Cor_nittees, and on motion duly seconded and unanimously adopted~ ~as accepted by the body. Yours very truly, (Signed) Guy L. Gearhart G. L. Gearhart, Acting Clerk." After a discussion of the rmtter~ }Ir. Young moved that the com_municat!on be filed and that the City Attorney proceed with the preparation of proper measures to amend the Resolution covering Rules and Regulations of the %~ter Department to cart out the recommendations of the com_nittees. The motion %~s seconded, by Mr. ~%ldrop and unanimously adopted. %~LFARE DEPAR~T: A com~unication from !~lss Eula Jane Armstrong~ Chfef~ Hureau of ~ablic Assistance, Department of ~elfare and Instltutions~ acknowledging receipt of a letter from ]~r. G. J. Schwartz on behalf of ~rs. Ora Johnson ~hich had been referred to the Department of %~lfare and institutions by Counc~l~ was before body. In this connection, the City Clerk brought to the attention of Council another letter from ~. Sch%'artz~ dated April 12, 19.54~ with further reference to the case of ~.[rs. Job-nson~advising that he feels it is Council's obligation to see that her relief grant is restored. The co~_nunications were filed. ed POLICE DEPA~I~-~T.* A co~unication from Hr. R, H. Youell~ Director! Dlvlsior of Corrections~ State Department of ~elfare and Institu~ions~ to~e%her ~lth a repor~ on the police letup of the City of Roanoke which was inspected on Earch ~4~ 19~, Eefore Council. ~e repo~t and co~unicatfon %,ere filed. CI~ JAIL~ A co~unication fro~ ].~. R. H. Youell, Dlrecto~ Division Corrections~ State ~partnent of ~elfa~e and Instltut~ons~ to~ether with a on the ~atl of the City of Roanoke~ which report advised that repairs should be mad to the pl1~nbln~ In the Jail pronptly~ was ~efore Council. On not~on of ]~. Ye,rE, seconded 5y H~. 1~aldrop and t:nanlmously adopted, thf need for m~nor repairs to the pl~lng %,as referred to the C~ty ~-~nage~ for his attention and the report and co~n'~icatlon %'ere filed. JLU:IQR CIlAg,ER OF CO~2~RCE: A cornunicat~on from ~[r. J. E. Jones~ President~ ~oanoke Junior Chanter of Co~nerc% asklnf for support of and %:ritten endorsement a ]~3y Day-Fray D~y pro,ran, %'hlch Is an internation~l Junior Ckamher of Co%~erce Frofran in which praye~ will ke offered to bring toEet?.er in spirit t}~e Communist On m~t~on of ~[r. %'o~n~, seconded ty !gr. "aldrop and un~t~ou~]y adopted, ~EFC~TS OF OFFICERS: CItY ~-~.~iAGER: The City :fan%~er suhnltted ,,r!tten report advising that ke !.Jculd like to take his vocation fro~ June 24~ 1°~~.~ ~ to July. 8, 19~. There being no objections, the report ~..'as filed. SREE? I~PRO~.~iTS: A petition signed by citizens living on Levelton ~ianuger for study~ report and recor~endation~ he su!mitted t~e follo%~inf re~ort: ?o The City Council Roanoke, Virginia 1,1embers of CDuncil: You referred to ne a petition signed by several residents on Levelton rained the City had a SS-foot right of %~ay from Lft~eDty ~oad to Tenth Street In the area from Eighth Street to Liberty Roa~ there is no set-er line. has been provided adequate 1~r~ter on the entire street from Liberty Rood to Tenth Street. !'Je believe that the City %~ill he able to service the street during our make a pern3nent street due to the fact that we have a limited right of tkat during the s~v_uer month~ %.~hen our program is under %,~ay, the area can be Respectfully su~nitted~ (Signed) Arthur S. C~.Jens City Hr. ~{anes moved that Co~cil concur in the report of the City I~!~nafer. zotion was seconded by ~[r. Ualdrop -~nd unaninousl~- adopted. AIRPORT: ~e Cit)' t~anager presented tke following report in coP, uection with the existing septic ta~< system at the Roanoke Hunicipal Airport (!'~oodr~ Field): 283 '284 "Roanoke, Virginia Apr11 12, To The City Council Roanoke, Virginia l:embers of Council: t~en the Administration Building at the airport was begun, there was included In the program a sewer connection from the bulldin~ to Maitland Avenue, N. W., near ~he airport road. However, due to risin~ costs and limited funds th~s, alon~ with several other needs, was deleted from the project. It was decided to use the ex~stin~ septic tank sys~e~. system was constructed In 10~ for the service of the old Cannaday House and a few personnel at the airport, certainly not to exceed a dozen people. At the present time there is approximately one hundred thlrty-f~ve permonnel in the building, plus ~he wrlous passen&ers on in and out a~r- plane transportutfon. It can readily be ascertained that the element of tine and capacity have both boon out-n~ed. I ~ould like to present to you a series of naps and an estimate of the cost to accomplish the various necessities at th~s tine. ?re do not helieve the proFosed program ,~:ould le good for aver ten years. Respectfully submitted, (Signed) Arthur S. City Hanager" In this connectlon~ tlc City }i-,maser read the follow:InS letter from the Engineer: ?0: ~ir. A. S. O%'ens, City ~a~ager FRCI[: lit. ~[. C. Yro~.'/ns~ City Engir;eer Ye are submitting to you ~.'ith this letter four sets of Plans and of Cost for Later and ~aterials necessary to ccnztruct a complete drain fleld system for t?e Hcancke ~?~n!c!F~l Afrrcrt. ~e estimated cost af this job is $5,128.00. This vrork [s n~cessary due to the absolute breaT:do,~m of the present tile field from overload on the sR. ste~. At the F~esent time~ a portion of the sec.'age at the airport is leinE es?tied into the storm drain~ creating a very unsanitary condition and a ~ealth hazard for ~9~ich the City can ie r![htfu!ly criticized. The system planned ir to run from tlc ezlst!ng x,O00 gallon septic tank~ cross the present access road: and terminate with tile lines as shmm ty ti e plan to conFtete the project in an area now rented for cultivation. wculd recommend t}at the jot te let to contract. ~zis information is transmitted to you for your presentation to City Council for consideration and action. The alternative to this project~ as you is the construction of a sanitary se,~'er line from the airport to connect with tlc City's system at IZaitland Avenue~ if. !'f.~ near Airport Road, at an estimated cost of (Signed) H. Cletus ~rovles City Engineer Approved: (Signed) Jno. I. Uentworth Director of ~tlic !'forks" After a discussion of the natter~ Hr. Youn~ moved thmt t}~e question ie ~eferred tack to the City }[anager and that he be re%uested to proceed to advertise For bids for the construction of a complete sewer drainage field system. seconded ty Hr. I.~Inton and unanimously adopted. S~EET LIGHt: ~e City I,~anager submitted wrltten report recommending that street lights Be installed at the locations ~et out In t}:e report. !L~. l'aldrop moved that Council concur in the report of the City HanaEer and offered the followln~ Resolution: (~1~097) A RESOLUTION authorizing the installation of street lights at loc-~tions In the City of Roanoke. (For full text of Resolution~ see Ordin~nce Book No. 20~ Page 155.) ~.ir. %.l~ldrop moved the adoption of the ~esolutlon. ~e notion was seconded I.[r. Hinton and adopted ty the following vote: I I I AYES: Councll men,ers I{anes, ginton, P~ckett~ ~aldrop, Young~ and the Presidentl }.~r. $!ebker ............ ~;AYS: ~;one ............... O. (Hr. Voody absent) %~A~R DEP~NT-~.~RS: Co~c~l kav~ng previously ~nstructed the C~ty N. ana~r to ~ke ~ study of the time element ~nvolved In ~upplylng of %~ater and ~ewer ~ervlces to the ne%y General Electric Plant~ ~n order that the company can he ~orme of the t~me required for advance n~t~ce of t}~e date t)~e services w~!l actually te needed, he suhnltted the follo%,lng report: "Roanoke, Virginia To ?ne C~ty Council Roanoke~ V~rgtn~a ~[emters of Council: In furtherance of your directive I have t~ad the ?ater Dep~rtnent and the Enflneer~nf Department present letters estimating the necessary time to install a 12-~nch %'ater ~%1n and a sewer interceptor system to nrov~de service for the ne%~ General Electric plant to te located along ~%~ason Creek. These estimates are to run concurrently from tLe tine the ord~nunce and appropriat~ons are n~de ky the C~ty C~unc~l t~ provide fund~ for thls york. Respectfully (S~gned) Arthur S. Cvens City !flth reference to t%1e t~-ater serv!ce~ the City !.Iunag~r gu!alfred t~:e fo!lo%.qr letter from t}]e Act!nC Nau3ger of the ?lief Deyqrtuent: ~fr. Arthur S. Owen~ Roanoke ~ Virglnf~ Re: '.'ater Service to ne%' G. E. Plant Dear ~.~r. %'e could render %.;ater service to the ne%- General Electric Plant %~lthin 90 days after receiving prorer authorizatlcn to proceed w~th the work. So~e ll~O00 feet of t?' ~ater ma~n would have to he laid~ the uatertals for I an kavlng plans for this ~:ork dra~.~ now. ~'e ~;lll need some councit authorization to lay U~e na~n and I ~cou!d like to have this tied up in suc~ the cost. ' Yours truly~ (Signed) G. ~. Ruston G. H. Rnston ~ith reference to the sewer service~ the City ~?mager su%nitted t~e fo!lowir letter from the City Engineer: T0: ~4r. A. S. 0~.~ens~ City N~n~ger ~0~: ~r. H. C. BroyIes~ City Engineer It ~s est~ted that it wtI1 require 9-months tine to construct a se%~er l~ne to serve the General Electric Corporation to he Iocated on Veterans Facility Road west of ~.!asons Creek. ' l'fe estimate it %rill require 4-month~ time to construct the ~G" ~nterceotor line to a point near the mouth of ~!asons Creek~ and 8 months to con~tr~ct Z4" line frosl this point to t):e site of the new plant. (S~fned) ~T. Cletus ~rovles City Englneer Approved: {Slrned) Jno. L. Director of ~abllc I forks'~ 285 286 In a discussion of the report and letters~ Mr. Young advised that the time element involved in supplying %nter seems to be satisfactory but that he feels furth consideration should te given to the sewer service and moved that the matter he tabled for one week. i~%e notion was seconded by ~M. ;-~aldrop and unanimously adopted STADI~7~: ~:e City Manager presented the follo~lng report tn co~mectfon with requests for use of Victory Stadl~n for stock ear racing: "Roanoke, Vlrgln~a April 12~ To ~e City C~uncll Roanoke, Virginia Y. enters of Councll: I hmve been asked to bring to your attention a request of three groups of stcck car raclng o~erators. Under the existing ordinance and in lleu of n~ established resolntton, this office would have no legal alternntive hut to pernlt the use of the grounds. Reali~lng that City Council from tlne to tine had weighed this subject careD~lly, I an presenting the ~ropoz~ls of the three oi~erators to you for your dlsposlt!cn. ResFectfully su~nltted~ (Signed) Arthur S. City ~e City ~>~nu~jer then sutnlttcd tlc uTltten requests 3f '.~r. Ted Court~ reprerent!ng Ccurt and ~conpsnn Enterpriser: Clifton Forge, V!rgln!a~ ~!r. ~11 C~nc~rd~ ~orth Carolin~, and ~r. R. T. E,h:r~rds~ Attorney representing nlll ?Lc City ~>inager also cn~nlttcd a letter frou ~rs. Yaul C. r~gee~ &~5 Linden ~iderut~cn of tlc Fe~r!e %.qo ~ ]1! te ill ~n I~enor~al and Crirpled Childrcn's In th~s ccnnect~on~ 5~r. R~iert P. ]h~nter~ representln~d the Stadium Advisor2. gr. C!gde Cr~che~ Chnirman~ St'~d!~n Advisory Comn~ttee~ and yrezented co~y of the follc-..-ing letter dated Ccto!er 2.~ lit. ~Tillian ]~. France Dill F~ance Enterprises, inc. Gl4 S. EI~ Street ~is is to advise you that the Stadiun A~visory Co~nittee net on 21: !gg~ to consider your request for rental of Victory Stadiu~ for a f~ve yenr Derlsd for Stock Car Racing. After due ~n~ serious consideration, it was t}~e unanimous opinion of this cpr~.ittee that Victor5- Stadiun shc. uld not he leased or used for Stock Cur Racing.~ As an Advisory group to City Council~ this Cor~nittee has leen on record against Stock Car Racing in the Stadiun for sonetine ~n the pnst: and this Fssiilon !s hereby reaff~rzed. Sincerely~ (S~gned) Clyde Cocke Chairnan: Stadium Advisory !ir. Richard T. Ed%'ards~ who u~s present at the neetlns~ outlined the of stccT~ car racing in Roanoke and stated that his elient~ l[r. Franc~, proposes to n~n~n~n of QIO~OOO.00 per year against x;!nich ninin'~n ~ould he charged the rentml of the stadiun an~ the anusement tax derived therefrom, !~. Edwards advising that he feels ~t is the character of the s?ort rather th~n the no,se that d~sturts Feop!e In a further discussion of the mattert 1Yr. Hanes advised t!mt he ~,'ould llke to know the views of the Memorial and Crippled Children's !{ospit~l before any dec,si ~s reached on the question and moved that the requests ke taken under advisement one %..'eek and ~f the hospital has any objections throb sozeone apresr before Co~c~l to outline then. ~e mDt~on vas seconded ly ~[r. ~'aldrop and unanlnous]y adopted. ?!~ET-~%~IILE PEtiTION t[O~: ~ne City ~anager submitted the retort in connection vith certain ]n=rovenents at t} e Juvenile Detention '~ - · "~oanoke ~ V!rg~n~a /[r~! 1~ 19S4 ?o ?ne City Council Roanoke, Virg~n~a ~enlers of C~unel!: At our meet~n~ on ~!cnday~ April 5, 19g.~ I ~resente] to you a ser~es l~tters frsn the J~ven~le and Dsnest!c Ee!~tlons C~urt a~-3 tlc Bureau of Juvenile Pro,at,on an~ Detention ~n t}c State ~f V!rg~]in~ ~n v}~c~' ~prsvenents ~.'ere approved hy the State. U~th Council's esns~derat~on~ I vould l~ke t~ re:~rt a~ ~ol~o-'~ ~n of ~IEgD for recreatlcnal e~iui~ment, all of wl!ch has teen al~pr~ved ~y Rich%rd ~f. CoFeland, Director of the State Deyartment of "elfare and Instltt~tions. (2) The ordinance you authorized in the a:~tunt of which Is In~eFendent of tT.e fore~oinS and yrovlties necesfi:~r~.' kitchen ch~irs ~-0 t~.'o amoun.s~ ~.."~ t+.elr entirety total ~fS~S.. ~e State Lng its t,'i!lingness to approve ami refun] to the City t) e cost nY tlc afore- Rerrectfu!/y cu!~ittcd~ (Sicced) Arth~:r S. C'.'ens In a discussion of ~he r. atter~ t}~e City ]?an~ger : +~ the .91~890.09 exFeY3diture lu addition to the 9.~2S.09 u!ready a%ztLoriced ly C~unc~l. In th~s csnnect~on~ the City Attorney advise~ th-~t Le had not prepared the Crdinmnce ayFrov!n~ the $425.00 s~nce he un~}erst~o~] that the .~I,EOO.O9 vou!d also %e considered mt. the present t~no~ sug~esti~]~ _ theft }e could ~nclude ~ ~+~' ~tems ~n On not,on of ]ir. !finton~ seconde~ L? 2~r. Va!drop an~ unaT~nousty the matter was referred to the City Attorney for preparation of the ~roper authorizing the $2~S16.00 ex,end,tore. CO~PLAINTS-!~EAL~ DEPAR~iT: A cor~municat~on from ~r. Paul D. A!~right~ 904 Curtis Avenue, I~. ~.~.~ requesting relief from r~n ~:nsanitary con~iticn on t~e property of Dr. F. O. Anderson~ gl7 ~rersh%erger Road~ ii. !~.~ having Leen referred to the City ~!anager for attention~ he submitted ~Titten report advisinE that the rrorerty has keen ~nformed thmt he must comply v~th the existing hemlth ordinances, to,ether with the follo%~n[ letter from the Director of the Division of Sanitation: "April 9~ ~<r. Arthur S. City Hanager Roanoke ~ V~rg~n~a Dear Sir: In reference to the complaint of ~r. Paul D. Alhright, 9~ Curtis Avenve~ N. %~.~ regarding an unsanitary condit~on on the ~roperty of !Ir. F. G. Anderson~ Et7 ~ershberger Rd.~ ~. ~f.~ may %.~e say that an ~ns~ect~on was made of the premises on April 7~ 19~. A c~pv of ~he report- is r~ttached hereto. ' It ~as fo~.d that t~ee co~.,s~ a heifer~ and some chick~ns are kept ky Anderson. ~ere were some dror~p~n~s ~n the lot and some odor no%Ice~51e, hut ~ts condition was considered to he fair. ~e s~ahle · - floor was dirty~ Mr..~derson stated that the manure ~s hauled a~cay each ,~eek. He vas told to clean and l~ne the 5am regularly~ to k~ep feed in rodent-Dro~f conta~ne and eliminate rats and mice. 287 288' It was learned that ~s. Andersen has been selling some buttermilk without a permit from this Department. She %~s advised to discontinue this violatio Yours very truly~ (Signed) G. S. Kennedy G. S. Kennedy, Dlrec tar Division of Sanitation" On motion of Hr. Minton, seconded by !~e. Pickett and un~ninously adopted~ ke report of the City Manager was concurred in. REPORTS OF CO:.24ITTEES: S?ADII~.:-~RIDGES: Council having previously referred to the City !!anager and the City Auditor for study and report the reco-~endatlon of the Staditun Advisory Cor_ulttee that a pedestrian bridge be constructed from South Roanoke Park to ~:aber Field property on a self-liquidating las!s~ they sulnltted the following report: "Roanoke ~ Virginia April 12~ 19f~t ?o 7he City Council ~oanoke ~ Virginia I:cnlers of Council: A sled!un corJ~ittee recently submitted to City Co~ncil a report in ~:hich was inclnded a suggestion that t'ne City consider the construction of a toll bridge over Roanoke River at appro×inate~y a half ~.~ay point ~etween Jefferson Street and Frar~<lin Road, S. ?ho Engineering Departr~ent has advised us that the cost of such a bridge ~ould be appro×Inately ~S,O~D to $10~000~ which ~..'ould include concrete arches~ adequate rail, light, and yrorer approaches. ,'e believe h~e toll bridge proposal h~s certain ~erits and the OlO~O00 or thereabouts for constr~ction could ~e appropriated if and ~hen Council saw fit. under our Charter all revenues must go into t~e General Fund~ and ~e doubt serlo!~sly the ~.~isdon of r~co.-~ending to Council t}le segregation of fun%ds for a project of this tyre. In conclusion~ our recor~.end3ti~lis not to c~nstruct the bridge~ ~ut rather to ~vait ~n opportunity ,~.'~en funds are available or some public spirited group vould elect to construct this bridge and donate it to the City either as ~ me-.or!al or os a c~pltal Improvement donotlon to t}~e City. Respectfully submit ted ~ (Signed) Arthur S. O'~ens (Signed) ,arry R. Yates" On notion of Xr. :Hntnn~ seconded hy %'rs. Pickett and nn~ninousty adopted, the reco"~nen~ation +~qs concurred in. .':.~'~R FIELD: Council having previously referred the matter of settling the c!ain the City of Roanoke has against Roanoke ~aseha!l~ Incorporated~ to a cor~fttee to ne~oti~,te %,ith officials of the defunct organization and to report hack to Counci ~he co~%uittee submitted the follo~.~ing report together %.~ith draft of Ordinance as ~repared hy the City Attorney: "April 9, 1954 TO ~{E CO'~r;CIL OF ~E CiTY OF Gentler. on: ~-T~e ~3~ndersigned cohen!tree heretofore appointed to negotiate with the Roanoke Baseball, Incorporated~ in the hope of settling the City's claim for ground rent and taxes against it and for the repcssession~ by the Ctty~ of its baseball field~ heretofore~ leased the corporation by lease dated }~ovenb~ 1, 1950, respectfully reports as follows: ~e Auditor's office advises that~ as of Decenler Sl~ 1983~ the corporation owed the City $874.4S as rent and $601.11 as admissions to×es. On July 23, 195S~ the Federal Gover~uent recorded a notice of a tax claim~ against the corporatlon~ in the a~ount of $11~150.47. Further, we are informed that the corporation owes large nonpreferred debts. ~nere '~ -t least~ one judgment of record against it and a suit is also pending against it for a substantial sun. Your cor_nittee net ~.,ith representatives of this corporation this naming. %~nree officers of the corporation~ who o:cn a r, ajority of its stock, ~ere present and each evidenced a willingness to do everything within his power to settle amicably all controversies. Your co.~nittee ls~ however~ of the opinion that the o%llgations of the corporation are such that it is doubtful if its officers and stockholders are entirely free to so settle exi:tinc differences. Your com.nltte_~ therefore~ recor~ends that Council adopt the attached ordinance terz[nating the aforementioned lease and d~rect~ng the proper City offic~als to do the necessary to regain possession of the field and to undertake to collect the money due the City ky the corporation. (S~gned) Arthur S. (S~gned) Uarry R. Yates (Slgned) Ran G. ~ttle" After read~ng of the rep~rt~ ~r. Young offered the following Ordinance as an emergency measure: (fl~OgE) AN O~DI~L%~CE tern~natlnS the le~se ketveen the City of Roanoke and Roano~e Rasehall~ Ineorporated~ nu~e under date of ~ovemher 1, 195Q; directing thut 'secession of the lcased premises ko rcga!ned ty tlc City and that ste?s he t-~ken to secure the ~aynent of accrue~ uhFa!d renta'l and other claims due the C!t:. under (R~r full text of Ordlnance~ see Ord!n'~nce Pooh Vs. y,~n~ Page President~ '.ir. Ve!!cr .......... TiAVS: 7U~r=e ............. t. (ih'. ~'~'~" ahrent) in this cgnnect~on~ th~ City !h~aSer ~nl the City Attorney doubted tlc ¥~ssession of the prorertv~ the City Attorney advisin~ Chit he l.~pe~ it v!ll mdt long [efore the curet!on ~ settled. PER~LlNE~U YOl'~[ COii[!SS!QN: ~e ~iuest!on of tl.e futuue of the Psr:'.nnun~ Ycu~ :uhmltt~d the follo,.,.lns report: Pern~nent Your%: Co.%~ssion: presents the follo~!rh2 ~ec~r~exd~tfons: 1. That Resolution ~o. 8S.~4 he rescinded, Certificates and t.lanks fop their interest. 2. That a new resolution le dravm t*,' the City Attorney the follcvin[: .... A. ~:at a Youth Commission tie formed Composed of five memhers~ cne of vhon is a member of City Council. ~mt the members he appointed for a term of tvo years. C. That Section III~ paragraphs A~ P~ C~ D and E of Resolution 2S~4 he incorporated in the ne? resolution. D. ~at the Co~uission [e alloyed secretarial hel~ and a small 289 E. t'nat the members of the Commission ~e appointed ky City Council. (S~gned} Mrs. l.:arv C. Pickett {Si~ned) Leith B. t!anes~ Jr. belch B. Hanes~ Jr. R. P. Hunter" After a discussion of the repo~t~ ~[r. %;aldrop moved thht Counc~l coneu~ In the repo:t of the com~lttee and that %ho matte~ ~e ~efe~red to the Ctt7 Attorney fo~ ,reparation of p~opeP measures %o carry out the =ecor. nendatlons. ~e notlon was ecsn~ed hy ~[~. Yount an~ unanimously adopte~. GRAbE CRC, SSI~iCS: Council kavlnf previously taken under ~dv~sement tke of author~rinc certain chan~es ~n the /fade cross~ng gate control at ~lrd Street r~nd Campbell Avenue~ S. E.~ the matter x.-az agaln Yefore the After a brief discussion of il9 :~tter~ the City Attorney was requested to eLoci~ :'nd approve draft of Resolution as yre!'%re~ Ly the !~orfolk and ~'estern :Cozyany yrcv!dlng for the chances and that the matter lo placed on the acenda for ~ .e~:~ regular neet!nE of C~une!l. TR.%~IC-CI?f FROFER~,': Council having deferred action on a re?~est from U}ar!es P. L~nsford~ President~ ![e~n~rial an~ Crippled CLi!dren's ![osp~tal~ that t~:e city lease to the L~sp~t~! lan:l located on t~e ~'est side of Jefferson Street~ south in this connection~ '.,gr. Yo::ng advised t!~at he hms d~scussed the m'~tter with '.gr. L~lrsf~rd an~ ~ nf )e hms asl~ed that Cot:r.c~l defer actfon on the request ~:erc reins no oL~ect!ons~ the matter was tab, led. CLAIi~S-i~TER DEPAV2~?: Council havinS taken under advisement a cor~,~tt~e reuort previously ~resente,} fn connection t'ith a request of l~rs. ienq ~{. Arnold tkat she Ye refntursed ty the city for alleged d=~mases to kef property~ the matter AFter a hr!el revie,,~ of the cla~n and the report of the c~%nittee having Lee read~ l~r. ~snes stated th'~t he feels some compromise of the claim should be offered rand moved that ~EOi.80 Le Faid !~Ps. Arnold ~n compromise settler~ent of her claim for ~an~es. ~e n~tion was seconded by ~Irs. Pickett. In a d~scussion of the notion, Hr. Young stated thmt he thought it ~mp~ssih to deternfn~ the actl~al d~age to the shrubbery or flowers until they are o%served ~ro~c~nf hack~ stating that ~any !ilacs~ roses: ~rls~ etc.~ are no~; gro%.'~ng hack. After a further discussion of the matter, the motion %.~s lost ~y the vote: A%~S: Council members ]lanes~ P~ekett and ~Laldrop ......... flAYS: :Ir. Young and the President~ ~!r. ?e%her ............ S. (~Ir. ~oody ahae l~r. l[~nton not voting) CO~SIDERA~0~ OF ~LAII~: Uone, II~ODUCTIO~ A~D CO!~SIDERATIOi~ OF ORDI~A~TCES A~$ R~OLU?IO~S: S~EETS AUD ALL,rS: Ordinance No. 1~091~ vacating: d~scsntinuing and closing ~ small portion of the alley situated bet,~een Second Street and ~rd Str~et~ S. ~nd runnin~ ~n a north-south d~rection from Franklin Road to Luck Avenue~ having ~reviously been ~efore Council for its first readfng~ read and laid Over~ was again before the body~ Mrs. Pickett offering the follo~,lng for its second reading and final adoption~ (~12091) AN ORDINANCE vacating, discontinuing and closing a small portion of the alley s~tuate between Second .~nd ?nird Streets, S. ~., and runn~n~ ~n a north-south directlon from Franklin Road to Luck Avenue, S. ~f.~ in order to stral[~l the %'est l~ne of the .northerly portion of the alley. (For ~11 text of Ordinance, see Ordlrmnce Peek ~:o. ~0, Pace 1S2.) Hrs. P~ckett moved the adoption of the Ordinance. ~ne motion ~.zas seconded LM ~[r. Hanes and adopted by the follo%'InC vote: A~S: Council members Hane~ ~.Hnton, Pickett~ 'hldrop~ Young~ and the Pres~dent~ ~[r. %~febber .......... ~AYS: Uone ............. O. (~.~r. l~o3dy a~sent) PAR}~S AND PL~YCRO~U~DS: Ordinance I~o. 15093, ~rantfnf certain concession r~fhts and privileses to be exercised at Roc~l~d~e Inn to Hr. John L. h%v~n[ previously been ~efore C~unc!! for its first re~dlns~ read and ln~d over~ ,/as aEain Lefore tlc body~ ]~r. ~anes offerlng t~e fo!lo~.'ing for its second reading and fin%! adoption: (f1209S) A~ ORDI~A~CE authoriz~ng and d~rect~S tT~e C~ty ~nager, for and on ~*}~alf of t~:e C~ty of Roan~ke~ t~ enter ~nto '~ contract ~.'~th Jo]~n L. granting certain concession r]shts and prlv~!eSes to ~e ezercise} ~t the Inn~ located on ~'~11 ~untain~ ~n the C~ty of Roano~e. (For f~ll text of Crdinunce~ see Or]~n~r. ce noo~ ~o. 20, Fa~e !L3.) ~r. ~a!drop and ad~pted %y the follc~'~g vote: AI~S: Council nesters iTnnes, !~inton, Piekett~ "a!drop~ '.'eung~ and ITAYS: icone ............. 0. (tlr. "ozdy absent) E0~fING: Council bavinC previously Leld a yu}:llc Leafing on the ~[t:estion of rezoninc from Special Residence Distrtct to rusiness District property located at the southeast corner of Furrell Street and l]~itten Avenue: 17. U., and having rezuested the Attorney representing the petitioner to prepare the proper Ordln~nce rezoning the property~ the Clerk presented draft of Ordinance as :~fproved by the City Attorney; ~'hereur~n~ ~.'.r. YcunC moved t~:at t~ze follcv.'fng 0rd~nance he placed A'~S: Comncil members Hanes~ ![inton~ Pickett, Ualdrop~ Y~ung, and Fresident~ lir. ~feSber .......... rjAYS: None ............. O. (Hr. ~'oody absent) (~12099) AU ORDI[~A~[CE to amend ~nd reenact Article i: Section 1~ of Chapter 51 of the Code of the City of Roanoke: Virginia, in relation to Zoning. [.~REAS~ application has teen made to the Co~ncft of th9 City of Roanoke to have Lot 1~ Section G of Lincoln Court rezcned from Syeciat Residence District to ~usiness District, and 7.Z~REAS, notice rerlufred hy .Article XI~ Section 49 of Chapter ~1 of the Code of the City of Roanoke, Vfr~inla~ relating to lcnlns, bas leen Eublisked in the "Roanoke Times"~ a nevrspa[er published in the City of Hoar:eke: for the t~ze .292 ~*~REAS, the hearing as provided for in said notice published in the said newspaper ~s given on the £gth day of l'archt 19,54~ at 2:00 o'clockmp. m.t before the Council of the City of Roanoke in the Huniclpal ~utlding~ at which hearing no o~Jections~ %,ere presented %y property o,~ers and other interested parties In the affected area~ and ~EAS~ this Council, after considering the application for rezoning~ of the opinion that the akove property s%.ould he re~oned as requested. ~CRE~ DE IT OSD~%I~;ED Ly the Council of the City of RoanD~<e that Art!c~ I, Section 1~ of Chapter ~1 of the Code of the City of Roanoke~ Vlrgfnfa~ relating to Zonlnf~ ~e anended and reenacted In tlc folloring Farticul~r and no ot}-.er~ viz: Property lying the South East Corner of ~urrell Street and '~lftten Avenue~ r. ~.~ descrlLed as Lot !~ Section ~1~ Lincoln CDnrt }ia~ Cff~c!al No. X~lOO1 and ngre ~%rticul~rly descrl~ed as foll~%~s~ to-?it: FEGINNI~TG at the S~ut!.cr~st intersection of ?urrell Street and .%venue~ ~[ortl/'.'est; t}:ence ,.:!th La':rcnce A','~nu~ ~;. 77 degs. ~L' 117.5 feet to a p~Int thereon; thence S. lfi deco. 25' E.150 feet to a Point on an alley; tLence x,'!th sa!d alley S. 77 deg. YE' ~f. fc~t tv a Fo!ut ~n the East side ~f ~urrc]l Street; thence %.'itt ~EINQ Lot 1~ Section ~ Lincoln Cou~t. ~e~ and ~s hereby changed frcn S~cci:~l Residence Dtstr~ct t~ ?usiness D!strlct: S.iL~ C? F20?2RIf: C u::c!! ~ :,v~n? i-rev!n'~[:t2: re Incited the git2' Atto:'nc}' A'~S: C~'.:::C~! rex%ers !hncn, i?!ntsn~ P!cS:ett, ~'aldrol:~ YcU::~ and t~e (.~lfilCO) AT' CRDINArCE Frcvid!ng for the sz!e of Lot 1.3: ~iock 2.G: ,;asen~ the City of R~nnz"e to ~ir..1. L. Raterts: at a consideration of..ASSO.~ and %uthvrizinf t!.e executlcn mud de!iver2.' of '! deed therefor. !~ I? ORD.%I~i~D ~y tl.e CcunciI of the City of Roanoke as Yellers: 1. !l~t gale ~ .... xade ~-~ ~'= ...... City of Roa!!olde to l[r. A. L. Roterts ~f ~rep~red 12, the git2: Attorney: conveyin2~ %~ith Special ~'arranty of title, the akove- executed~ upon receipt of the cash consideration. STA~ NIG}lfAYS %7I~{I][ CITf LIiIITS: ~%e City Attorney L~vinf teen re%uested 2ePtain properties o~med t,y !~s. ~o~lnie Lee Shr. rpe and Hr. Gregory L. Snith needed in Ordinance ~rovid~ng for the acquisition of land ol~ed LI]ls. Sharpe; rllereuFon (~12lO1) A'~ ORDIMAO:CE authorlzlnc and dlreetlnc the proper City offl¢la!s to aequlre, for and on ~ehalf of the Clt~, l,S condemnation Frce~edlnc~ a certain ~tr~p of land a~uttlng the south s~de of ~er~htergem Road~ R. V.~ o~ed by ~onn~e Lee Sharpe; and provldlnc fo~ an emercency. (For full text of Ordinance, ~ee Ordinance Rook ~o. ZO~ Page i~G.) H~. Hanes moved the adoption of tke Ordinance. ~,e motion was ~econded Hr. Younf and ad~pted ty t}:e follovlnf votel A%~: Council reenters ~anes~ i~Inton~ Flekett~ ~-hldrop~ Younf~ and the President, ~r. Uetter ........... G. The City AttorneF tLen prerented draCt ~C Ordfn%nce authorl:InC con~emnatlor ~roceedfn~s to aclu~re a certain rtr!p of land o~v.e% ty !~r. Smith needed ~n c~nnec- tlon with tke i!er~hterfer Rgad project; vLer~up~n, Y.r. "aldro9 offered t~c follo?ln~ (f12!02) A'70EDIi~A~CE autLor~z!nf and d~rectinf t~:e proper City off~c~a!s to acquire~ for mhd on teftalf of tke City~ ty condemnotion proceedings, a certain ~ itke ' (For full text of Or~inance~ se~ Ordinance ~o~7~ ~'o. ~O, FroZe ~r. ~:~!drop nsved thc adoption of tke Ordinance. ~:e n~t~:~n ~'as 7~AYS: ~7one ........... O. (~r. '~'oady ~[0~O7~S A~TD ~ISCE/LA~OT~S D~'SI~;KSS: City ![annger t~e condition of C~rr~lI Avenre~ ~7. '7.~ an.~ ~enty-f!rst Street~ ~'. ".~ ~n the vicinity of t~e xcater storafe tnnk. ~e City ~anager advised t~at he would lo~k ~nto the m~tter. COIqTCIL: ~le City l~anager brought to tlc attention oC Council that renovation of the Circuit Court Room ,.~ould t~ke several wcells and advised that tY.e alterations. ~ere beinf no further kusfness~ Council adjourned. APPROVED ' Clerk 293 294 COVNCILt REGULAM HEETING, Monday, April 19, 1954. The Council of the City of Roanoke met in regular meeting in the Municipal Court Noom in the Municipal Bulldin6, Monday, April 19, 1954, at 2tO0 o'clock, p. the regular meetin~ hour, with the President~ Hr. Webber~ presiding. PRESEN?~ Council members fMnes, Hinton, Pickett, Waldrop, Woody~ ~otmg, and the President, Hr. Webber ............. 7. ABSENT~ None .................. O. OFFICERS PRESENT, Hr. Arthur S. Owens, City Harmger, Hr. Randolph G. %~lttle City Attorney, and Hr. Entry R. Yates, City Auditor. The meeting was opened with a prayer by the Reverend William D. King, Associ te ~stor of South Roanoke Methodist Church. MINUTES~ Copy of the minutes of the regular meeting held on Monday, April S, .954, bmving been furnished each member of Council, upon motion of Mr. Waldrop, seconded by Hr. Minton and unanimously adopted, the readin~ was dispensed with and the minutes approved as recorded. At this point, the President, F~. Webber, recognized Major N. J. Dennis, Inspector-Instructor of the Fifth Engineer Company, Marine Reserve~ Roanoke, who introduced his successor, Captain Brichard B. DeWitt. HEARING OF CITIZENS UPON PUBLIC RATTERS: DEPARTMENT OF PUBLIC WORKS: Pursuant to Request for ~uotation issued by the City Purchasing Agent on three garbage trucks, two street repair trucks, two garbage bodies and one tractor for street construction, said bids to he received by the Purchasir~ Agent until 2:00 o'clock~ p. m., Monday, April 19, 1954, and to be before the Council of the City of Roanoke at that hour, the President, Mr. Webber, asked if there was anyone present who did not fully understand the Request for Quotation, if there m~s anyone present who bmd been denied the privilege of bidding, or if there were any questions anyone would like to ask, and no representative prese raising any question, the President instructed the Clerk to proceed with the of the five bids received on the garbage trucks, the five bids received on the street repair trucks, the three bids received on the garbage bodies and the three bids received on the tractor. The bids having been opened and publicly read before Council, Mr. Woody offered the following Resolution: (#1210~) A RESOLUTION referring bids on one tractor for street construction two garbage bodies, three garbage trucks and two street repair trucks to a comnltte conposed of Hr. John L. Wentworth, Director of Public Works, Mr. H. Cletus Broyles, City Engineer, Mr. R. B. Moss, Purchasing Agent, and Mr. E. M. Richardson, Superin- tendent of the City Garage, for tabulation and report to the Council of the City of Roanoke. (For full text of Resolution, see Ordinance Book No. 20, Page 161.) : Mr. Woody moved the adoption of the Resolution. The motion %~s seconded by Mr. Young and adopted by the following vote: A~ES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and President, Mr. Webber ............... 7. NAYS: None .................. O. DEPARTmEnT OF PUBLIC WOP=KS* Pursuant to notice of advertisement for bids for paving of streets at various locations in the City of Roanoke according to the Virginia Department of ltigh~rays Specifications (dated January 1~ 1947), said plans and specifications to be furnished by the City of Roanoke: the bids to be received by the City Clerk until 2200 o*clock~ po mo, Monday~ April 19, 19~4, and to be opened before the Council of the City of Roanoke at that hour, the President, Mr. Webber, asked if there was anyone present who did not fully understand the advertise ment, if there was anyone present who had been denied the privilege of bidding, or if there were any questions anyone would like to ask~ and no representative present raising any question, the President Instructed the Clerk to proceed with the opening of the three bids received. The bids having been opened and publicly read before Council, Mr. Young of£e ed the following Resolution~ (~12104) A ~ESOLUTION referring bids for paving of streets at various locati ns in the City of Roanoke according to the Virginia Department of High~ys Specificatio (dated January 1~ 1947) to a committee composed of Mr. Arthur S. Owens, City Manager imf. John L. Wentworth, Director of Public Works, Mr. H. Cletus Broyles, City Enginee and Mr. R. B. Moss, Purchasing Agent, for tabulation and report to the Council of the City of Roanoke. (For full text of Resolution, see Ordinance Book No. 20, Page 161.) Mr. Young moved the adoption of the Resolution. The motion l~s seconded by ~. Manes and adopted by the following vote: AYES~ Council members Hanes, Minton, Pickett, Waldrop~ Woody, Young, and the President, Mr. Webber ............ 7. NAYS~ None .................. O. SEWER CONSTRUCTION: Pursuant to notice of advertisement for bids for the construction of sanitary sewer to serve Patterson Avenue Extenslon, S. W., in accordance with plans and specifications furnished by the City of Roanoke~ said bids to be received by the City Clerk until 2:00 o'clock~ p. m.~ Monday, April 19, 19S4~ and to be opened before the Council of the City of Roanoke at that hour, the President, Mr. Webber, asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of t bidding, or if there were any questions anyone would like to ask, and no representa-~ tire present raising any question, the City Clerk called to the attention of the body~ one bid which was received a few minutes after Council convened but before the bids for sewer construction were opened~ said bid being submitted by Cimbert and Oimbert, I Incorporated. It appearing that Mr. Glmbert had attempted to locate the Clerk's office andl had been present in the Council Room at 2:00 o'clock~ p. m., Mr. Manes moved that th~ bid be opened and considered along with the other bids received. The motion~ras seconded by Mr. Young and unanimously adopted. The President, Mr. Webber, then instructed the Clerk to proceed with the opening of the nine bids received. The bids having been opened and publicly read before Council, Mr. Minton ~ffered the following Resolution: (~12105) A RESOLUTION referring bids for the construction of sanitary sewer ~o serve Patterson Avenue Extension, S. W., to a committee composed of Mr. Arthur S. ~'ens, City Manager, Mr. John L. Wentworth, Director of Public Works, Mr. H. Cletus ~royle$, City ~n~lneer, and ~ro ~rry R° Yatms, City Auditor, for tabulation and report to the Council of the City of Roanoke. (For full text of Resolution, see Ordinance Book No. ~0, Page 162,) Kro Minton moved the adoption o~ the Resolution° The motion ~as seconded by ~ro young and adopted by the follo~ln~ vote: AYES: Council members Hanes, Minton, Flckett, Waldrop, Woody, Young, and the President, l~r° Webber ............ ?o NAYS: None ................... Oo STRI~? I~PRO~TS: ~ro E. So Wlrt, Jr°, appeared before Council and submit a petition with twenty-four signatures requesting that FlaiLing A~enue be resurfaced and repaved o On motion of Hr° Nlnton, seconded by Hr° Waldrop and unanimously adopted, the request ~as referred to the City H~nager for consideration and report Imck to Council°. BURRELL ~ORIAL BOSPI?AL: Dr. Eo D. Do~ning, Chairnmn, Board o£ Trusteest l~Lrrell Memorial Hospital, appeared before Council, alor~ with Dr. Fo W. Claytor, a member of the staff of the hospital, and presented a mitten appeal to Council for financial aid for the hospital, Dr. Claytor advisin~ that the l~ediate need of hospital as of March S1, 1954, is $35~069.58, and also requesting that study be ~mde for additional funds toward meetir~ the future operational expenses of the hospital. i Dr. Do,ming outlined the history of Burrell Memorial Hospital and brought to i the attention of Council that no additional funds are available from the Community '~Fund, advising that approximately $21,000.00 is set up in the Department of Public Welfare but even with this assistance the hospital fell short of meeting expenses 'last year. Dr. Claytor called attention to the fact that in 1953 the hospital charged ~ff $2,918.77 for services rendered city patients, advising t~t this is the tifference between the charges made by the hospital and the amount paid by the City ~f Roanoke, Dr. Claytor asking that Councll give careful thought to the matter, stating that it is the desire of the hospital that the city give them a grant of honey to continue operations and requesting that the body appoint a co~maittee to neet with the Board of Trustees of the hospital to go into a detailed discussion and )larrdng of the problem. After a further discussion of the matter, Mr. Hanes moved that the request ~f the hospital be referred to a committee composed of the City Manager, the Directo: of Public Welfare, the City Auditor and the Acting Commissioner of Health for a stud of the financial problem and to report back with recommem~lations to Council. The ~otion was seconded by Mr. Waldrop and unanimously adopted. PETITIONS AND COMMUNICATIONS: TAXES-COMMISSIONER OF REVENUE: A communication from Hrs. Ruth M. Angle, mggesting that instead of mailing out tax forms to individuals that the Commissione ~f Revenue place the forms at each of the City Fire Stations for citizens to pick up, ~as before Council. On motion of Hr. Hanes, seconded by Mr. Waldrop and unanimously adopted, the :ommunication was referred to the Commissioner of Revenue for his consideration. ANNEXATION-PARKS AND PLAYGROUNDS: An additional communication from the fildwood Civic League, suggesting that the Tazewell Morgan Heirs property recently sd he 297 acquired by the City of Roanoke be'named *Thrasher Memorial Park~ or #Sallie Park#, was before Council. On motion of Hr. Waldrop, seconded by Hr. Woody and unanimously adopted, names suggested were referred to the City Planning Commission for consideration with another name previously suggested by the League. LICENSE TAX CODNI A communication from Hr. Co Bo Bouck, President, Houck Company, requesting that Council take immediate action on his prior requests that the License Tax Code be amended to provide a license tax for advertising agencies $50°00 per annum, plus fifty cents on each $100.OO of gross receipts derived from such business, the same as retail merchants, instead of $~O.00 per annum, plus seventy-five cents on each $100.00 of gross receipts, as at present, was before the body. On motion of Hr. Woody, seconded by Hr. Hanes and unanimously adopted, the communicationwas filed. CITY CODE-FENCES: A communication from Hr. R. P. Barnes, Attorney, suggestir that Council enact an Ordinance not in conflict with State Law, governing the erecti, iof fences in the City of Roanoke, was before the body. Hr. Woody moved that the request be referred to the City N~nager for study and report after he has taken the matter up with the Department of Buildings and the City Attorney. The motion was seconded by Hr. Young and unanimously adopted. ZONING: A petition from Mr. R. T. Edwards, Attorney for Messrs. W. C. Oyler and P. G. Oyler, requesting that property fronting om Hlllcrest Avenue, N. E., !between Forest Hill Avenue and Liberty Road, described as Lots 6, 7, S, 9, 10, 11, 12A, 13A and 14A, Map of Wllliamson Groves, Official Nos. 30~0213-309020S, inclusive be-rezoned from General Residence District to Special Residence District, in order that apartment houses can be constructed on the lots, was before Council. On motion of Mr. Young, seconded by Hr. Waldrop and unanimously adopted, the request for rezonlng w~s referred to the City Planning Co~lssion for study, !report and recommendation to Council. WATER DEPARTmEnT: A communication from Mr. J. Fry Withers, 204 Fleming N. E., requesting that consideration be given to allowing the people of Roanoke enough water free of the forty per cent sewage treatment charge so they can water itheir lawns and flowers, was before Council. On motion of Mr. Waldrop, seconded by Hrs. Pickett and unanimously adopted, the request was referred to the City Manager for handling and explaining to Mr. that the Ordinance fixing the rate provides for such consideration. WATER DEPARTMENT-DEPARTmenT OF PUBLIC WORKS: A communication from the Construction Company requesting information on how contract is awarded by the City of Roanoke for repaying of streets after work of installing water mains by the Water Department and other utilities is done, was before Council. After a discussion of the matter, Mr. Woody moved that the request be to the City Manager to make an analysis of costs and the approximate amount of money spent each year and to also report on the feasibility of calling for bids on this type of work. The motionwas seconded by Mr. Waldrop and unanimously adopted. GRADE CROSSINGS-STREET~ AND ALLEYS: The following communication from the City Planning Co~m~tssion, with reference to the dedication of a pr~osed new alley for public use in connectionwith the Jefferson Street Grade Crossing Elimination Viaduct and Project, was before Council: "April 2, 19~4. The Honorable R. Lo ~ebber. Hayor, and Hembers of City Council, Roanoke, Virginia, 6entlemens Attached hereto lePlan No° 4000-14, dated Hatch ~0, 1954, prel~..re~ by the Office or the City Engineer, ~hich sho~s a proposed ~ls~t~en-~oo~ located vest of let Street, S. E., extending south from ~or~olK Avenue, vnxc alley rill be necessary to provide access to the properties of the City off Roanoke ~ater Department and Edna H. Huff, et al, in connection vith the exchange of properties for the Jefferson Street Grade CrossingElim~nation Viaduct Project. The City Plannir~ Co~ttssion reco~ends to City Council that said proposed ney alley be dedicated for public use, subject to the approval o£ all parties interested, and that the proper procedures according to lay be followed to establish said alley. Respectfully submitted, (Signed) George l)unglinson, Jr. Chairman." After a discussion of the proposal, Hr. ~ldrop moved that the City Attorney prepare the proper measures carrying out the reco~endation of the Planning Commiesi The motion vas seconded by Hr. Woody and unanimously adopted. GRADE CROSSINGS-STRE~T~ AND ALLEYSs The following com~unication from the Planning Co:~tission, vlth reference to the closing and vacating of a portion of Second Street, H. E., in connection vlth the Jefferson Street Grade Crossing Elimination Viaduct and Project, vas before Conncil~ "April E, 1954 The Honorable R. L. Webber, l~ayor, and Hembers of City Council, Roanoke, Virginia. Gentlemenz The City Planning Co~miissionhas been advised that It viii be necessa~ to acquire a portion o£ certaln properties on the east side of End Street, N. Eo, in connection vlth the Jefferson Street Grade Crossing Elimination Viaduct Project, and that in the development o£ said street the grade rill be raised to such an extent that alterations ~111 be necessary to the existlng building o~ned by ?. E. Roberts, et al. Attached hereto is Plan No. 4000-9, revised as of September ~0, prepared by the Office off the City Engineer, shoving a triangular portion the existing street vhich viii not be necessary for the future right-of-vay, but which viii be needed in making the alterations ~o said building. The City Planning Commission recon~ends to City Council that said triangular portion of End Street, as sho~n on the attached plan, be permanen closed and vacated, subject to the approval of all parties interested in the Viaduct Project, and that the proper procedures according to lay be folloved to close said portion of End Street, H. E. Respectfully submitted, (Signed) George Dungllnson, Jr. Chairman." In a discussion of the matter, it ~s brought out that this portion of the street vtll revert to the property o~ner Hr. ?. E. Roberts, et al, and that it vlll be necessary flor the city to obtain from the said property o~ner a parcel of land needed flor the Viaduct Project, it being the opinion of some members of Co~ncil that action on the matter should be delayed until that parcel of land needed is obtained; whereupon, Hr. Waldrop moved that the co~nlcatlon be refferred to the City Attorney for his consideration and report. The motion vas seconded by Hr. Hinton and unanimously adopted. HAteR FIELD~ Council havlng at its last meeting adopted an Ordinance termlna lng the lease between the City off Roanoke and Roanoke Baseball, Incorporated, the follo~rlng comm~nication in this connection fr°m Hr. Earl A. Flt~patrick, Attorney for Roanoke Baseball, Incorporated, vas beffore CounctXz · "April 14~ 19~4 Hon, Heston Ko Moorman City Clerk Municipal Bulldir~ Roanoke, Virginia Re8 Roanoke Baseball~ Incorporated, Dear Hr. Moorhen8 This will acknowledge receipt of the emergency ordinance of the Council off the City of Roanoke No. 12098, adopted April 12, 19~4o As attorney for this corporation, I realise that the corporation is in default in several of the covenants contained in its lease with the city ~earin~ date November 1. 19~0, and f~rther recognize the legal right of the council to terminate said lease and to pass the aforementioned emergency ordinance. The chief purpose of this letter, therefore~ is to inform the city that this corporation hereby immediately and unconditionally surrenders unto the city the pre~lses embraced in the aforementioned lease, in order that the same may ~ediately ~e used for such purposes es the city may authorize° · In ~riting this letter, ! ~uld respectfully call your attention to the fact that Roanoke Baseball, Incorporated~ has title to certain personal property presently located on said premises, consisting, a~on~ other thin~s of detachable seats~ seat pads, fences, bleachers, office furniture, con- cession equipment, and light and so.nd equip~ent~ which it would be incon- venient for the corporation to move at this time, and which the corporation prefers to leave on the premises until the same may be lawfully disposed of. Accordingly, iff the city will permit such personal property to re. in on the premises, the city, in consideration thereof~ may use the same until it is lat~ully disposed of. In granting this request, it is understood that the citywill not ~e liable for any loss of or damage to said personal property. However, we ~ould naturally expect the city to take reasonable means to preserve and safeguard the Very truly yours, Roanoke B~sel~ll, Inc. BY (Si~ned) Earl A. Fitzpatrick Its Attorney~ H~. Waldrop moved that the letter be received and filed and that the City Atterney acknowledge receipt of seme. The motionwas seconded by Hr. Hanes and unanimously adopted. Also in this conneotion~ Hr. Young moved that the City Attorney prepare proper measure extendin~ the contract with Hr. John L. Oodwin to include operation of concessions in the baseball park on the same basis as the stadium. The motion was seconded by Mr. Waldrop and unanimously adopted. Hr, Woody then moved that the City Manager call for bids on the use of billboards in the baseball park. The motion was seconded by }ir. Waldrop and .unanimously adopted. REPORTS OF OFFICERS= None. REPORTS OF S?OP3t DP. qlNS~ Council having previously referred to a co~=mtttee for tabular report and recommendation~ the bids received for drilling of four storm water dispos iwells in the Wllliamsom Road area, the committee submitted the followin~ report= "April 1~ 1954 To the City Council Roanoke, Virginia Members of Cou_neill We are handin~ you herewith tabulation of bids received for the drilling of drain shafts in the ~llliamson Road area. After studying these bids we to recommend the acceptance of the bid from Montgomery Drlllin~ Company for 1~ Inch wells at the total price of Yours very truly, (Si[ned) A. ~. O~ens (Signed) J. L. Wentworth (Sl~ned) COMHITTEE" 299 In a discussion of the report, the City Manager advised that it ~ould be to the Best interest of the city to accept the alternate hid on the 12-inch shafts. advising that if the yells are successful forty per cent more surface ~rater can be discharged through the 12-1nob shafts than through the 10-inch shafts~ Whereupon~ Mr. Minton moved that Council concur in the report of the committee and offered the follovin~ Resolution accepting the proposal of the Montgomery Drlllin~ Company for 12-inch shafts at a total price of $5,582.92~ (~12106) A RF~OLU?ION accepting the alternate proposal of Montgomery Drilling Company, Christiansburg, Vlrglnia~ for the drilling of four 12-inch drainage shafts in the Wlllia~son Road area of the City of Roanoke at specific locations sho~n in the specifications and to include the furnishing and installing of casings, in the total sum of $5,532o92~ 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, Page 163.) F~° Minton moved the adoption of the Resolution. The motion ~as seconded by Mr. Hanes and adopted by the folloving vote~ AYES~ Council members Hanes, Minton, Plckett~ Waldrop, Woody, Young, and the President, Mr. %'ebber ............. 7. NAYS= None .................... O. L%FFINISHED BUSINESS: TAXES~ Council having previously deferred action on a proposal that the admission and florist tax Ordinances be repealed, the matter %~s again before the body. In this connection, Mr. Minton stated that in his opinion the purpose of taxes has been accomplished and that he feels the budget at this time can take the loss of revenue resulting from the repeal of the t~o tax Ordinances, advising that the time Dms come ~hen Council should give some relief from the tax burden. In a discussion of the matter, Hr. Young asked the City Auditor ~hat effect the repealing of these taxes vould have on the budget, the City Auditor advising t~t Council might be opening the %~y for a serious financial problem if the taxes are removed, calling attention to the fact that this year's budget is out of by approximately $716,000.00 and that the budget is set up on the ~asls of an estimated income of $71,000.00 from the manufacturers tax, $7,500.00 from the flora design tax and $50,000.00 from the admission tax or a total of $128,500.00~ stating that if the city loses these revenues the budget vould I~ out of balance by the end of the year approximately $844,000.00~ further advising that in 1955 normal increments in teachers salaries and other school increases would be expected to raise the budget by another $150,000.00, the City Auditor calling attention, to an increase of ten per cent in the quadrennial assessment of real estate vhich viii bring in approximately $288,000.00 additional income in 1955. After a further discussion of the matber~ F~. Minton moved that the admission and florist tax Ordinances be repealed effective as of April $0, 1954. The motion ~as seconded by Mr. Waldrop. At this point, Mr. Morton Honeyman, Attorney representing Hrs. Lucy Rorer, o;a..er of the Colonial RIHs Club, appeared before Council and urged that the admission tax be repealed, advising that his client is facing groping competition from similar operations outside the city. :In a discussion of the motion~ Mrs. Pickett advised that she is sympathetic with the move but since the budget picture has not improved~ to eliminate the taxes at this time would only throw the budget further out of balance, stating that she ~feels the question might be studied at budget sessions this fall, ~. Hanes and Hr. Woody concurred with Hfs. Pickett, Hr. Woody observing that the city cannot continue to give away revenue without finding some substitute for the levies. Mr. Young advised that he favors repeal of the taxes as soon as it can be done without wrecking finances and that he interns to vote for it as soon as the City Auditor feels it can be done without endangering revenue. After a lengthy discussion of the natter, the motion made by Mr. Minton to repeal the taxes was lost by the following vote: AYES: Messrs. Minton and ~aldrop ............. 2. NAYS: Council members Hanes, Pickett, Woody and Young .......... -4. (The President, Hr. Webber, not voting) Later during the meeting~ Mr. Young moved that since the Stadium Advisory Committee had submitted its recommendation to Council for new rates at Maher Field based on the repeal of the admission tax, that the matter be referred back to the committee for restudy of its proposal that changes be made in the charges for even~ at Maher Field. The motion was seconded'by Mr. Waldrop and unanimously adopted. STADIUM: Council having previously deferred action on the requests received for use of the stadium for the holding of stock car races in order to give the Memorial and Crippled Children's Hospital an opportunity to express their views, the matter was again before the body. In this connection, the City Clerk presented the following letter from Mr. C~rles P. Lunsford, President, Memorial and Crippled Children's Hospital: "April 14, 1954 Mr. ~ston Moorman City Clerk Roanoke, Virginia Dear Sir: In the Roanoke Times dated April 13th, I read with interest that our City Council before making any decision on the question of permitting automobile races at Victory Stadium would like to hear from the Memorial & Crippled Children's Mospttal, who have made previous complaints about the noise cause by races in the Stadium. After reading this article in the paper, I discussed this matter with one member of Council, and he suggested that the Hospital ~rlte you a letter furnishing you with an expression from the Board of Trustees of the Memorial & Crippled Children's Mospital on this subject. I wish to state that it is the unanimous opinion of the Board of Trustees of our hospital that automobile races should not be permitted in Victory Stadium. These races have proved to be a nuisance and disturbance to the sick in the hospital and with the present expansion program of our hospital now in progress that will eventually take care of approximately 300 patients~ we know that this unnecessary noise developed by any type of automobile race~ would cause much discomfort to the patients of the hospital. I have lived in this community all of my life, and I do not think that the revenue gained by the city in permitting the promotion of this type of amusement could possibly offset the damage that these races could cause by encouraging our teenage group that fast driving is modern and necessary. in the insurance business are continually confronted with the problem of the~ teenage group and their fast driving and from past experience, I believe tha~ such races have a bad influence over this group of young drivers. It seems that this subject comes up before Council once or twice each year, and if Council decides that this type of amusement should be outlawed; I believe that this could best be handled by passing an ordinance banning rac~ ~g in the city limits of Roanoke. Very truly yours MEMORIAL & CRIPPLED CHILDREN'S HOSPITAL By (Signed) Charles P. Lunsford President" .301 302 The City Clerk also Called attention to eighteen co~nicatLons favorln~ stock car racin~o After a brief discussion of the ~atter~ lire Hanes ~oved that the matter be carried over for one week and that the City Clerk furnish a copy of ~ro Lunsford'a letter to each of the three petitioners req~estin~ use of the Stadium° The motion seconded by ~ro Waldrop and tmanimously adopted, CONSIDEI~ATION OF CLAIMSs None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND KESOLUTIONSs ZONINGs Ordinance No. 12099, providin~ for the rezoning of property located the southeast corner of Burrell Street and l~hitten Avenue~ No R., degcribed as Lot IF Section 6s Lincoln Court ~ap, Official No. ~41001~ havlr~ teen ~efore Councl for its first readin~ read and laid over, ~-as again before the body, Hro-Woody offering the relieving for its second reading and final adoptions (~12099) AN ORDINANCE to a~end and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Noanoke~ Virginia, in relation to Zoning. (For full text o£ Ordinance~ see Ordinance Book No. 20, Page 160o) Hr. Woody moved the adoption of the Ordinance. The motion vas seconded.by Hr. ~ldrop and adopted by the relieving vote, Hrs. Pickett calling attention to the fact that a non-conforming permit has been issued to Hr. B. B. Banks for the con- struction of a store building in the same general area and that Council vas informed at the public hearing held on the request of Hr. Nabors that Hr. Banks had abandoned his plan for construction of the building ~hen in fact she nov understands that Hr. Banks is in the process of building, advising that the adoption' o£ this ordinance is for two stores, and expressing the fact that if this infor~ation had been to the body vhen the Ordinance ~s placed upon its first reading perhaps t vould have had some bearing on the matter: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, young, and the ~resident, Mro Webber ............. 7. NA¥SS None ............... -0. SALE OF ?ROPEHTY: Ordinance No. 12100, providing for the sale of Lot 16~ 5lock 23, Wasena Hap~ to Hr. A. L. Roberts, having previously been before Council ~or its first reading, read and laid over, vas again before the bedy~ Hr. Young ~ffering the following for its second reading and final adoption: (#12100) AN ORDINANCE providing for the sale of Lot 16, Block 23, Wasena Map the City of Roanoke to Mr. A. L. Roberts, at a consideration of $550.00 cash; and the execution and delivery of a deed therefor. (For full text of Ordinance~ see Ordinance Book No. 20, Page 160.) Hr. Young moved the adoption of the Ordinance. The motion vas seconded by Hanes and adopted by the following vote: AYES= Council members Hanes, Minton, Pickett, Waldrop~Woody, Young, and the President, Mr. Webber ............ 7. NAYS~ None ................... O. JUNIOR CHAMBER OF COMMERCEs Council at its last meeting having requested the ~lty Attorney to prepare proper Resolution endorsing the Junior Chamber of Commerce': May Day - Pray Day program, he presented same; whereupon, Hr. Minton the following Resoluttoni (~12107) A P.F~OLUTION. endorsin~ the Junior Chamber of Co.~erce,s lnternation May Day.- Pray Day program. (For full text of Resolution, see Ordinance Book No, 20, Page 163o) Hr° Minton moved the adoption of the He$olutiono The motion was seconded by Mr° Waldrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr° Webber ......... NAYS: None ............... -0. GRADE CROSSINGS: Council at its last regular meeting having requested the City Attorney to check and approve draft of Resolution as prepared by the NOrfolk and Western Railway Company providing for certain changes in the grade orossing igate control at Third Street and Campbell Avenue, S. E., he reported that the- IResolution is properly drawn; %~ereupon, Mr. Waldrop offered the following Resolutio (~12108) A RESOLUTION permitting the Norfolk and Western Rall%~y Company to revise and rearrange crossing protection at the grade crossing of East Campbell :Avenue by its Winston-Salem District near the intersection of Holliday (Third) iStreet, in the City Of Roanoke, Virginia. (For full text of Resolution, see Ordinance Book No. 20, Page 164.) Mr. Waldrop moved the adoption of the Resolution. The notion %~s seconded by Mr. Minton and adopted by the following vote: AYF. S: Council members Hanes, Minton, Pickett, Waldrop, Woody, and the President, Mr. Webber ........... NAYS: None ............. -0. (Mr. Young not voting) BUDGET-JUVENILE DETENTION HO~: Council at its last regular meeting having requested the City Attorney to prepare an Ordinance appropriating $2,31S.00 for certain equipment for use at the Juvenile Detention Home, he presented same; where- upo~Mrs. Pickett offered the following Ordinance as an emergency measure: (~1210~) AN ORDINANCE to amend and reordain Juvenile and Detention Home-S1 and Departmental Equipment and Improvements-143 of the 1954 Appropriation Ordinance amd providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page lOS.) 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, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber .......... NAYS: None ................ O. CITY CODE: The City Attorney presented draft of Ordinance amending and reordaining Chapter 3, The Council, of Title II, Organization and Government, of the Code of the City of Roanoke, advising that the amendment makes this chapter conform with the new City Charter which 'provides for a seven-member Council; whereu! Mr. Hanes offered the following Ordin=~nce as an emergency measure: (#12110) AN ORDINANCE to amend and reordain Chapter 3, The Council, of TITLE II, Organization and Government, of the Code of the City of Roanoke; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 165.) Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............... ?. NAY3~ None .............. ~ ...... -0. ' 303 6RADECROSSINGSI The City Attorney presented draft of Ordinance authorizin~ the conveyance of ~0So28 square feet of land to Edna Mo and Leigh Po Huff in connection with acquirin~ from the said Huffs certain other real estate'required ss right of way for a part of the Jefferson Street Grade Crossing Elimlflation 'laduct and ProJect~ whereupon, Hr° Woody moved that the followin~ Ordinance be ~laced upon its first reading° The motion was seconded by Hr° Manes and adopted ' ~y the followin~ vote: AYES: Council members Hanes, Minton, Pickett, ~aldrop, Woody, Young, and the President, Hr. Webber .......... NAYS: None ................. O. (~12111) AN ORDINANCE authorizing and directing the proper City officials, for and on behalf of the City, to convey unto Edna M. and Leigh Po Huff 305.28 equal feet of land, more or less, and beir~ a portion of Lots 26~ 27 and 28, Ward 5, Hap of Roanoke Land and Improvement Company. ~ttEAS, on the 5th day of April, 1954, this Council passed its ordinance No. 12094 accepting, ratifying and confirming the offers of Edna H. and Leigh P. Huff~ et al., pursuant to which, among other things~ the City would acquire from the aforesaid Muffs certain real estate required as right of way for a part of the Jefferson Street Grade Crossing Elimination Viaduct and ProJect~ and %~EREAS, by the acceptance of the aforesaid offers the City agreed to conve unto the said Edna H. and Leigh P. Huff the real estate hereinafter described. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the )roper City officials be, and they are hereby, authorized and directed, for and on ~ehalf of the City, to execute~ and at the proper time to deliver, a deed to be approved by the City Attorney reciting a nominal consideration and conveying unto H. and Leigh P. Huff the following described real estate~ viz: BEGINNING at a point the following tw~ (2) courses and distances from the present southwest corner of Norfolk Avenue, S. E.~ (formerly Railroad Avenue) and First Street, S. E., (formerly Nelson Street); i.e.~ N. 88° 48' 53" W. 50.0 feet and S. 1° 10' 06" W. 92.98 feet; thence, leaving the said Beginning point and continuing S. 1° 10' 06" W. 7.01 feet to a point; thence, N. S8~ 49' 23" W. 59.65 feet to a point; thence, N. 44° 27' SS" E. 5.02 feet to a point; thence, parallel with and 37.75 feet southerly from and at right angle to the proposed center line of the west ramp of the Jefferson Street Grade Crossing Elimination Viaduct, N. S7e 44' 56" E. 56.31 feet to the place of BEGINNING, and containing 305.28 square feet, more or less; Being a portion of Lots 26, 27 amd 28, Ward 5, Map of Roanoke Land and Improvement Company. Ail bearings refer to the meridian of the Official Survey of the City of Roanoke, Virginia. The Ordinance having been read~ was laid over. MOTIONS AND MISCELLANEOUS BUSINESS: LICENSE TAX: Mr. Minton brought to the attention of Council the manure tax, advising that he feels the city is losing business due to the tax, that the should be free of any manufacturers tax, that in his opinion the city does not have to retain the tax from a revenue standpoint, and moved that the manufacturers tax. Ordinance be repealed effective as of June SO, 1954. After a lengthy discussion of the matter, the motion died for lack of a second. In a further discussion of the matter, }ir. Waldrop suggested that the questi placed on the agenda later during the year~ Mr. Hanes advising that he agrees Minton that certain taxes should be removed but that he feels it will have to be by orderly procedure and should be studied in budget sessions~ Mr. Young and Mr concurring in the statement of Mr. Hanes. _ Mr, Minton then moved that the manufacturers tax be reduced to five per cent effective as of June ~Oj 1954, and that the remaining five per cent be considered at a later date, The motion vas seconded by Hr, Waldrop and lost by the follo~lr~ votes AYES~ MessrSo Minton and Waldrop ........... NAYS~ Council membere Manes, Plckettj Woedy~ Young, and the President, Mr, ~ebber ...................... 5. TRAFFICI Mrs. Pickett called to the attention of Council and the City Manage that she has received complaints from citizens living on Hamilton Terrace, S. E.~ that the street is used as a truck thoroughfare and that there is considerable speeding. The City Manager advised that he would look into the matter. COUNCIL~ Mrs. Pickett suggested that a copy of the weekly Council agenda be ~osted on the Council Room door prior to the meetings for the information of the ~ublic. The Clerk advised that he would see that the suggestion is carried out. TRAFFIC: Hr. ~ldro~ asked the Cl~y Manager to check into the ~arking :ondition existing at night on Avenham Avenue, S. W., advising that it is hard for moving traffic to get through the street, and also suggested that a stop sign be ~laced at Avenham Avenue and Broadway, S. The City Manager advised that he would look into the matter. There being no further business, Council adjourned. APPROVED ATTEST: ( /' Clerk ~ ~ President '305 COUNCIL ~ RE6ULA~ Monday, April 26~ i9~4. The Council of the City of Roanoke met in regular meeting in the gtmicipal Court Room in the Hunicipal Building, Honda~, April 26, 1954, at 2~00 o~clock~ p. the regular meeting hovr, with the President, Mr. Webber, presiding. PRE~EN?: Council members Hanes, Minton! Pickett~ Waldrop~ Woody, Young~ and the President~ Hr. Webber ......... ABSENT: Rone .............. Oo OFFICE~S PRESEN?: Hr. Arthur S. Owens, City Hanager~ Hr, Randolph Go ¥.~ittl~ City Attorney, and Mr. Harry R. Yates~ City Auditor. The meeting was opened with a prayer by the Reverend A. S. Moorefield, Paste of the Second Wesleyan Methodist Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, April 12 1954, having been furnished each member of Council, upon motion of Mr. Waldrop, seconded by Mr. Hanes and unanlmously adopted, the reading wus dispensed with and the minutes approved as recorded. JUNIOR CHAMBER OF COM~V--RCE-STUDENT GOVER~ENT DAY:The City Manager having designated April 26, 1954, as Student Government Day for Jefferson Senior High Schoo in co,oration with the Junior Chamber of Co.n~erce, the President, Mr. Wetter, welcom students serving as Mayor, Council members, City Manager, City Auditor, City Attorne and City Clerk, as well as other students who were present, and each student sat beside the respective official he or she represented during the meeting. At this point, the President, Mr. Webber, recognized and welcomed Mrs. Evel A. Cothran and Mr. Jo.hn W. Davis, faculty members from the Booker T. Washington Juni High School, along with a group of students from the Eighth Grade Social Studies 21asses, who were present to observe the proceedings of Council in connection with their study of local government. The President, Mm. Webber, also recognized and welcomed Mrs. Hazel K. Barger a member of the Wllliamson Road Unit of the League of Women Voters~ who was present to observe the proceedings of Council. HE~RING OF CITIZENS UPON PUBLIC MATTERS: AIRPORT-SE~RS: Pursuant to notice of advertise~ent for bids on the construc tlon of a sanitary drain tile field at the Roanoke Municipal Airport in accordance with plans and specifications furnished by the City Engineer, said bids to be receiv by the City Clerk until 2:00 o'clock, p. m., Monday, April 26, 1954, and to be opens before the Council of the City of Roanoke at that hour, the President, Mr. Webber, asked if there was anyone present who did not fully understand the advertisement, if there was anyone present who had been denied the privilege of bidding, or if there were any questions anyone would like to ask, and no representative present raising any question, the President instructed the Clerk to proceed with the opening of the nine bids received covering the work. The bids having been opened and publicly read before Council, Hr. Woody move :that they be referred to a committee composed of Mr. H. Cbetus Broyles, City Engines ihr. H. R. Yates, City Auditor, and Hr. R. B. Moss, Purchasing Agent, for tabulation ~nd report later during the meeting. The motion was seconded by Mr. Young and ~nanimously adopted. Later during the meeting, the committee submitted its tabulation and report and it appearing from the tabulation that Draper Construction Company, Roanoke~ Virginia, is the lowest bidder in the amount of $4~44So00, Mr. Minton offered the following Resolution: (~12112) A RESOLUTION accepting the proposal of Draper Construction Company Roanoke~ Vlrginiat for the construction o£ a sanitary drain tile field at the Roano~ Municipal Airport (Woodr~ Field) in the total sum of $4~443.00{ authorizing and directing the City Hanager to execute the requisite contract{ and providing for an (For full text of Resolution, see Ordinance Book No. 20~ Page 167.) Mr. Minton moved the adoption of the Resolution. The motion ~s seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Hanes~ Minton, Plckett~ Waldrop, Woody, Yomng, and the President~ Mr. Webber ........... ?. NAYS: None .................. O. In this connection, it appearing that the 1954 Appropriation Ordinance does not provide funds for construction of the drain field, Mr. Minton offered the follm lng emergency Ordinance appropriating $4,443.00: (#12113) AN ORDINANCE to amend and reordain Section #87, "Airport", of the 19S4 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 168.) Mr. Minton moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............ 7. NAYS: None ............... O. STORM DRAINS: Mr. D. It. Beckham and Mr. James Crouch appeared before Council and presented a petition signed by nine property owners in tho 2500 block of Westove[ drainage and flooding o£ properties in the block. [ On motion of Mr. Young, seconded by Mr. Waldrop and unanimously adopted, the~ request ~s referred to the City Manager for study, report and recommendation. ~ ~ PETITIONS AND COMMUNICATIONS: [ Ah~IEXATION-BRIDGES: A Resolution from the Hollins Road Civic League, Incorpc. rated, requesting that a viaduct be built to connect a lateral road between Williams ,n Road and Hollins Road, advising that the need for such a project becomes greater wit the increase in services rendered between these sections and stating that to furntsk adequate fire protection is one urgent reason, was before Council. On motion of Mr. Hanes, seconded by Mr. }faldrop and unanimously adopted, the request was referred to the City Planning Commission for their information and steady LICENSE T~.X: A co.~munication from }M. Herbert J. Honecker, General Counsel, Sykes Hernia Control Service, St. Petersburg, Florida, together with a booklet explaining the nature of the company's business, was before Council, the letter that the Commissioner of Revenue has sent notice to the effect that a lice~ tax in the amount of $100.00 plus seventy-five cents fee is due and payable for the 1954~ the company contending that their activities in Roanoke are identical those of any other salesman who takes orders for future delivery~ stating that t n t heir opinion they are salesmen, rather than itinerant merchants and that the license has been erroneously assessed. :308 On motion of Mr. Minton: seconded by Mr. Waldrop and unanimously adopted, th co~unication~as referred to the City Attorney for consideration and report ~ack to ~ouncll. TRAFFIC: A communication from the Secretary of the Helrose PTAt advising that at a meeting of their association held on April 14, 1954, it was unanimously agreed to oppose the installation of the proposed new type safety signals at various schools, stating that they do not feel that the amber light ~ould help the school children to cross the streets safely and contending that the flow of traffic on Orange Avenue necessitates a conventional traffic lightt was before Council. After a discussion of the question, Mr. Waldrop moved that the matter he referred to the City P~nager to arrange for a meeting with the Melrose PTA and that someone from the Traffic Department explain to the association the workings of the new proposed system. The motion was seconded by Mr. Woody and unanimously adopted. CITY CLERK: A co.~munication from Mr. M. K. Moorman, tendering his resignatic ss City Clerk for the City of Roanoke, Virginia, effective not later than May 15, 1954, ~as before Council. After a discussion of the matter, Mr. Young moved that the resignation be accepted, with regrets, effective as o£ May 15, 1954. The motion was seconded by Mr. Woody and unanimously adopted. REPORTS OF OFFICERS: STREET IMPROVEMENTS: Council at its last meeting having referred to the Manager for study a petition from residents on Fleming Avenue requesting that their street be resurfaced and repaved, he submitted the following report: "Roanoke, Virginia April 26, 1954 To The City Council Roanoke, Virginia Members of Council: You referred to me at our meeting on Monday, April 19, 1954, a petition from residents on Fleming Avenue in which they requested that the street be resurfaced and repaved. Sufficient funds are included in the 1984 budget to pave Fleming Avenue from Wllliamson Road east to Oakland. The area which has been developed along Montague was recorded prior to the Sub-division Ordinance, and since this is a low place, the only suggestion I could make to Council to relieve the situation would be to make a drainage pit as a temporary expediency. I think Council is aware that the continuation of these pits is an added cost to the City, and quite often citizens misunderstand how they operate. However, this is the best suggestion ! could make as it would be impossible to get rid of the water other than through this method due to the contour of the land. Respectfully submitted, (Signed) Arthur S. Owens City Manager" Mrs. Pickett moved that Council concur in the report of the City Manager. The motion was seconded hy Mr. Minton and unanimously adopted. SE~RS-WATER DEPARTMENT: Council having prevl~asly referred to the City Manager a request from Mr. R. 1. Brooks, owner of property in Roanoke County on ~. S. Highway Route No. 460, that he be furnished water and sewer service for one only, he submitted the following report: "Roanoke, Virginia April 26, 1954 To The City Council Roanoke, Virginia Members of Council: Mr. R. I. Brooks appeared before Council on several occasions requestinl water services for his property to the west of the City Limits on Route Nm. Brooks has coumented about St. Paul's Lutheran Church, as veil as Hr. R. M. Stanley, receiving water from the City. I think this should ~e clarified. St. Paul's Lutheran Church requested water from the City CouneI] but due to the fact that they were outside the City Limits and had to compl~ with Rule ~36, they did not elect to comply with your ordinance in order to receive City water services, and purchased water from some other source. They are not a customer of the City of Roanoke. Mr. R. M. Stanley applied for the City of Roanoke Water Department services in June, 1952, and in conformity with Rule ~26 Mr. Stanley paid the entire cost of a service line meter and meter setting. As long as your existing ordinances and Bole #36 are in effect, I have no alternative but to require Mr. Brooks to comply with it. Respectfully submitted, (Signed) Arthur S. Owens City ~anager" Mr. Young moved that the matter be referred back to the City Hanager for further handling and that he inform Mr. Brooks on what conditions he can obtain vat~ :under Rule 36 of the Water DepartmeNt. The motion was seconded by Mr. Woody and unanimously adopted. STREET LIGHTS{ The City Manager submitted written reeon~endation that a series of street lights be installed from the junction of Route No. 11 and No. 460 east to the city limits, for which funds are already incorporated in the 1954 budget whereupon, Mr. Hanes moved that the recommendation of the City Manager be concurred in and offered the following Resolution: (#12114) A RESOLUTION authorizing the installation of street lights and the removal of certain existing street lights on Orange Avenue~ N. E.~ between Willlamsc Road and the east corporate limits. (For full text of Resolution, see Ordinance Book NO. 20, Page 108.) Mr. Hanes moved the adoption of the Resolution. The motion was seconded by Mr. Waldrop and adooted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and tbs President, Mr. Webber ......... 7. NAYS: None ............ O. PARKS AND PLAYGROUNDS: Council at its meeting of April ~, 1954, having referred back to the City Manager the question of entering into a contract with the Hy-Power Viewing Corporation for installing four viewing machines to be mounted on top of Mill Mountain with the privilege of purchasing said machines outright at the end of one year, the City Manager to ascertain the price for which the city can obtain the machines after the one year period, he submitted the following report: "Roanoke, Virginia April 26, 1954 To The City Council Roanoke, Virginia Members of Council: We have tried for the past two years to purchase telescopes for Mill Mountain, but in every occasion we have run against groups or corporations whlch would not sell us telescopes, but rather wanted to rent them to us. We have pursued this through our legal department, and in every case we have been unable to purchase telescopes until now. The Hy-Power Viewing Corporation has agreed to sell us one or more telescopes for the amount of $1375 each. Extra units accompany the telescop~ If and when repairs are needed to certain parts of the telescoues, the extra units may he inserted in their place and the damaged parts sen~ to the facto: for repairs without losing any revenue. During 1953 the telescopes brought in $4000 to the City of Roanoke, of v~ich $1000 was our part. Therefore it seems like good economy to purchase these telescopes and pay for them out of our first year's funds now that we are able to purchase them. Respectfully submitted, (Signed) Arthur S. Owens City Manager" '309 In a discussion of the report, Hr. Young raised the question of whether or ~not quotations h~ve been asked for furnishin~ the machines, the City Mamager advisir !that this see~ like a good idea and suggested that he be authorised to advertise fo: three machines; whereupon, Hr. young moved that the City Eanager be requested to ask For quotations for three telescopes and parts for same, for use on Mill Mountain. ~he motion ~s seconded by Hr. Hanes and unanimously adopted. BEPORTS: The City Eanager submitted written reports from the Purchasing Department, the Eunicipal Airport, the Health Department, the Department of Building and the Police Department for the month of Hatch, 1954. The reports were filed. A~SHOUSE: The City Manager submlttedwritten report from the Almshouse for the month of March, 19S4, showing a total expense of $2,105.44, as compared with a total expense of $1,E66.32, for the month of March, 1953. The report was filed. CI~f PHYSICIAN: The City Manager submitted written report from the City Physician for the month of March, 1954, showing 793 office calls and 955 prescriptio filled, as compared with 591 office calls and 672 prescriptions .filled for the month! of March, 1953. The report was filed. DEPAR~ENT OF PI~LIC %~LFARE: The City Manager submitted written reports covering the expenditures and activities of the Department of Public ~elfare for the ~onths of February and March, 1954, in compliance with Sections 6~-67.1 and 6~-67.2 Code of Virginia. The reports were filed. CHESAPEAKE AND POTOMAC TELEPHONE COMPA~5'-LEAG%~ OF VIRGINIA MLrNICIPALITIES: The City Manager submitted written co~nunication from Mr. Harold I. Baumes, Secretar2 League of Virginia Municipalities, asking %~nether or not the City of Roanoke desires ~o intervene in the new Chesapeake and Potomac Telephone Company rate case, together rith the following report: "Roanoke, Virginia April 26, 1984 To The City Council Roanoke, Virginia Members of Council: I am in receipt of a co~munication from Mr. Harold Baumes, Secretary of the Utilities Committee, League of Virginia }~nicipalitles, with reference the recent Chesapeake & Potommc Telephone Company request for a rate increas~ now before the State Corporation Co~mission. I am bringing this to your attention for guidance as to how I shall report to Mr. Baumes and for you to direct me in order that the City's interests mmy be properly presented to the State Corporation Commission in the event that you desire for the City to take an)' action. Respectfully submitted, (Signed) Arthur S. Owens City Manager" In this connection, the President, ~.M. ~bber, requested the Clerk to read the following letter from Mr. J. Rhodes Mitchell, Vice-President, Chesapeake and Potomac Telephone Company of Virginia: Honorable Roy L. ~bber, Mayor of the City of Roanoke, Roanoke, Virginia. Dear ~Myor YMbber: Our Company applied to the State Corporation Co~uission on Thursday, April 1S, 1954, for an adjustment in telephone rates. A copy o£ an order issued by the Co~mlssion in connection with our application is attached, You will notice that Section 7 of the order stipulates that a copy will be sent to you by registered nail, return receipt requested, If a representative of our Company tms not already called on you to discuss the reasons why the rate adjustments are necessary, you viii be called in the near future. He will offer you a copy of our application and the supporting testimony presented to the State Corporation Co,omission ar, t will te glad to answer any questions you might have regarding our reques Yours very truly, (Signed) J. Rhodes Mitchell Vice President." After a lengthy discussion of the matter, Mr. Woody advised that he feels Council should authorize the City Attorney to attend the hearing in Richmond on May 28, 1954, and that the body should adopt a general resolution opposing any rate not absolutely necessary, and moved that the City Attorney be requested to prepare such a Resolution authorizing the City Attorney to appear in Rlc~.mond, Virginia, before the State Corporation Co=mission on l~y 25, 1954, to oppose any increase in telephone rates at this time that are not absolutely necessary to maintain satis- factory telephone service, for Council's consideration at its next regular meeting. The motion was seconded by Mr. Wa!drop. After a discussion of the motion, Mr. Minton offered as a substitute motion that the city Join with the League of Virginia Municipalities in opposing the rate increase. After a discussion of the substitute motion, it died for lack of a second; whereupon, the original motion as offered by Mr. Woody was unanimously adopted. REPORTS OF COP2.IITTEES: DEPAR~.~N? OF Pb~LIC WORKS: Council having previously referred to a co~itte for tabulation and report bids received on three garbage trucks, two street repair trucks, two garbage bodies and one tractor for street construction, the co~uittee submitted a tabulation and the following report: "April 21, 1984 To the City Council Roanoke, Virginia Members of Council: Enclosed herewith is tabulation of bids received and opened before City Council on Monday, April 19, 1954, at 2:00 P. M. for garbage bodies, tracto: and trucks. You will note that Rish Equipment Company is the iow bidder fo: the tractor, Baker Equipment Engineering Company for garbage bodies, Shackelford Cox Truck and Machinery Company for (~) cab-over-engine trucks, Magic City Motor Corporation for (2) 2-1/2 ton trucks. Yours very truly, (Signed) Jno. L. Wentworth (Signed) H. C. Broyles (Signed) E. H. Richardson (Signed) R. B. Moss CO~IITTEE" It appearing that the bid of Baker Equipment Engineering Company, Ric~mond, Virginia, is the lowest bid received for furnishing the two garbage bodies in the amount of $8,112.00, Mr. Woody offered the following Resolution: (~12118) A RESOLUTION accepting the proposal of Baker Equipment Engineering ~ompany, Richmond, Virginia, for furnishing the City of Roanoke tvo garbage bodies in the total amount of $8,112.00 net, mounted on truck at factory; authorizing and !directing the Purchasing Agent to purchase the garbage bodies in accordance with said proposal; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 169.) Mr. Woody moved the adoption of the Resolution. The motion was seconded by ~r. Young and adopted by the following vote: ;3.12 AYES~ Council members Hanes~ Hlntons Plckett~ Waldrop~ ¥oody~ Young~ and the President, Hr. %febber ......... 7. NAYS~ None ............ O. It appearing that the bid of Rish Equipment Company, Roanoke~ Virginiaj is the lowest bid received for furnishing one tractor for street construction in the amount of $12~209.00, Mr. Young offered the following Resolution~ (~12116) A RESOLUTION accepting the proposal of Rlsh Equipment Compgny, Roanoke, ¥1rginia! for furnishing the City of Roanoke one tractor for street constru tion~ in the amount of $12~209.00 net, FOB, Roanoke~ Virginia; authorizing and directing the Purchasing Agent to purchase the tractor in accordance with said proposal; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 170.) Mr. Young moved the adoptlon of the Resolution. The motion was seconded hy Mr. %'cody and adopted by the following vote: l~$: Council members Hanes, Minton, Pickett, ~oody, Young, and the Presiden Mr. %robber .............. 6. NAYS: Mr. ~aldrop ....... 1. It appearing that the bid of Magic City Motor Corporation, Roanoke$ Virginl~ is the lowest bid received for furnishing two trucks for street repalr~n the total amount of $7~050.00, Mr. %faldrop offered the following Resolution: (~1~1t7) A RESOLUTION accepting the proposal of Magic City Motor Corporation Roanoke, ¥1rgin[a, for furnishing the City of Roanoke t~o trucks For street repair, in the total amount of $7,050.00 net, FOB, Roanoke~ Virginia; authorizing and directing the Purchasing Agent to purchase the trucks in accordance with said propos and providing for an emergency. (For full text of Resolution, see Ordinance Rook No. 20, Page 170.) Mr. %%ldrop moved the adoption of the Resolution. The motion was seconded by Mr. Hanes and adopted by the following vote: AYEs: Council members Hanes, Minton~ Pickett~ %%ldrop~ Voody, Young~ and the President, Mr. %~bber .......... 7. NAYS: None ................. O. The Shackelford-Cox Truck and Machinery Company, Roanoke, Virginia, appearin to te low bidder for furnishing three garbage trucks in the total amount of $5,604.6 Mr. Young offered the following Resolution: (~12118) A RESOLUTION accepting the proposal of Shackelford-Cox Truck and Machinery Company, Roanoke, Virginia, for furnishing the City of Roanoke three garbage trucks, in the total amount of $5,604.69 net, FOB~ Roanoke, Virginia; 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. ~0, Page 171.) Mr. Young moved the adoption Of the Resolution. The motion was seconded by Mr. Minton and adopted by the following vote: A~S: Council members Hanes~ Minton, Pickett, %~ldrop, ~oody~ Young~ and the ?resident, Mr. Vebber ............. 7. NAYS: None ................ O. DEPART~NT OF PUBLIC %,~RK$~ Council havinz previously referred to a committs for tabulation and repot[ bids received for paving of streets at various locations the cityt the committee sutaitted a tabulation and the followinz report~ "April 21, 1954 To the City Council Roanoket Virginia Hembers of Councll~ Enclosed herewith is copy of tabulation of bids opened before City Council on April 19t 1954~ for bituminous paving at various locations in the City, As shown on the tabulation~ Virginia Asphalt Paving Company submitted the low bid--$93~c~O.O0 for the black top work. Respectfully submitted, (Signed) A. S. Owens City F~nager (Signed) Jno. L. Wentworth Director of Public Vorks (Signed) H. C. Brovles City Engineer (Signed) R. R. ~oss Purc~asing Agent" In this connecticut the City ~nager called to the attention of Council th~ the low bid of $9S,900.00 for the street paving exceeds the amount available in the 19~4 ~udget for this ~ork and submitted the following praposal for reducing the quantities of ~aterlal~: "12~000 gals. AP S Asphalt reduce to 10,000 gals. ~ 1S~ $ 1,~00.00 lO,ODO Tons I-3 ~lack Top reduce to 9~200 Tons ~ $7.7~ 71,024.00 2,0<~3 ?ons H-2 ~lack Top ~ $7.27 14,~40.00 19~4 ~otal Contractors $S7,3~4" ~fter a discussion of the matter~ ~r. Young ~oved that the question te referred to the City Attorney for ~reparation of a Resolution accepting the proposal of the Virginia Asphalt Paving Company, Incorporated~ subject to reductions in quantities to bring the total am~mt to $~7t~64.00, and to submit same for Council'~ consideration at its next ~eeting. The motion ~ms seconded by }fr. Hanes and unani- mously adopted. S~TM CONSTrUCtiON: Council having previously referred to a co~mittee for tabulation and report bids received for construction of sanitary sewer to serve Patterson Avenue Extension~ S. F.~ the co~ittee submitted the following report: "April 21~ To the City Council Roanoke~ Virginia Members of Counctl: Enclosed herewith is copy Of tabulation of 'bids opened before City COuncil on April 19~ 1954~ for construction of sanitary sewer to serve property on the south side of Patterson Avenue Extension. From the tabulation~ the low bidder on the Patterson Avenue Sewer Project was Draper Construction Company with a bid in the amount of $6~156.60. A bid ~as submitted by Gtmkert & Gimbert~ ~nc.~ in the amount of $4~208.29; howevert in examining this bid, it was discovered of the t~euty items set up in the proposal on which it was expected that we would get unit price bids, there were ten items on which Glmbert & Glmhert failed to include any price whatsoever. )t was pretty obvious that this is an Incomplete bid; and the mapJqer in which it was submitted would constitute informality. Respectfully suhmttted~ (Signed) A. S. O~ens City Manager (Signed) Jno. L. %~nt~orth Director of P~blic Works (Slened) H. C. Broyles City Engineer {Signed) H. R. Yates City Auditor" 313 It appearing that the bid of Draper Construction Company in the total sum of $6:156.60 is the lowest bid received on the project, }ir. ~'aldrop offered the follow- lng Resolutions (~12119) A RESOLUTION accepting the proposal of Draper Construction Company Roanoke, Virginia: for the construction of sanitary sewer to serve Patterson Avenue Extension, $. W., in the total sum of $6,156.60; 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 172.) Mr. Waldrop moved the adoption of the Resolution. The motion vas seconded by Mr. Minton and adopted by the following votes AYESs Council members Banes, Minton, Pickett, %hldrop, Woody~ YOung, and the President, Mr. Webber ............ 7. NAYS: None ............... O. i~i'FINIS{~D BUSINESS s STADIUms Council having previously deferred action on the requests received for use of the stadium for the holding of stock car races, the matter was again before the body. In this connection, Mm. Paul A. Nlcewander appeared before Council and requested that races be allowed at the stadium, stating that people who prefer races should be able to see them as well as for other people to see their favorite sports. Mrs. Hazel K. Barger~ who was present at the meeting, spoke against stock car racing, advising that she opposes the racing because of the influence the events would have on teenagers. Also in this connection, two of the student government officers, Mr. Fred Bentley and Miss Shelia Crabtree, compared stock car racing with other types of events and spoke in favor of the races. At this point, the City Clerk presented numerous co~munications and petition favoring stock car racing, estimating that more than one thousand persons have stgne~ the petitions. After a further discussion of the matter, Mr. Manes outlined the objections of the Memorial and Crippled Children's Hospital to racing and advised that he did not believe the welfare of the patients in the hospital could be compared with monetary returns to the city from stock car racing and moved that the m~tter be referred to the City Attorney for preparation of an amendment to the Stadium Ordinal prohibiting stock car racing in the stadium. The motion was seconded by Mr. Young land adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Valdrop, Woody~ and Young---6 NAYS: The President, Mr. Webber ........... 1. CONSIDERATION OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUI'IONS: GRADE CROSSINGS: Ordinance No.12111, authorizing the conveyance of S05.28 ~quare feet of land to Edna H. and Leigh P. Huff, in connection with the Jefferson ~treet Grade Crossing Elimination Viaduct and Project, having previously been before ~ouncil for its first reading, read and laid over, was again before the body, Hr. ,~oody offering the following for its second reading and final adoption: 'Mr. %'oody moved the adoption of the Ordinance. The motion was seconded by ~r. %faldrup and adopted ky the follovtng AYES: Council members Eanes~ ~lnton~ Pickett~ %'aldrop, ~'oody, Young~ and Presidentt Mr. ~eb~er ........... 7. NAYS: None .............. O. PEtGiANI~T YOU1H COHHISSION: Council at its meeting of April 12~ 1954, havln~ instructed the City Attorney to prepare proper measures carrying out the recommenda- tions of a co~aittee appointed in connection with the Permanent Youth Commission, hi suhuitted draft of Resolution repealing Resolution No. 8344 which created the co~ission, and also draft of Resolution providing for a new Youth Co,~aission; whereupon, Mrs. Pickett offered the following Resolution repealing Resolution No. 8344: (~12120) A RESOLU."qON repealing Resolution No. 8344, as amended, and dlrecti that a certificate of merit be awarded each member of the Permanent Youth (For full text of Resolution, see Ordinance Rook No. RO, Page Ii }frs. Pickett moved the adoption of the Resolution. The motion vas seconded by Mr. Hanes and adopted by the following votel AYES: Council members Hanes, Mtnton~ Pickett, ~aldrop, %'oody, Young, and the President, Mr. %fetter ............. 7. NAYS: None .................... O. fir. %~aldrop then offered the following Resolution creating a new Youth Commission: (~1~1~1) A RESOLUTION providing for the establishment and appointment of a committee to be known as the Youth Co~isslon of the City of Roanoke~ and defining its duties. (For full text of Resolution, see Ordinance Rook No. ~0, Page 173.) Mr. %~ldrop moved the adoption of the Resolution. i'"ne motion %,as seconded Mr. Young and adopted by the following vote: AYES: Council members Banes, Minton, Pickett, %faldrop~ %foody, Young, and the President, Hr. %febber ............... 7. NAYS: None ................. O. In a discussion of the appointments to the Youth gommlssion~ Mr. Young moved that the members be considered in executive session of Council and named at a later meeting. The motion %~s seconded by Mr. ~.laldrop and unanimously adopted. GRADE CROSSINGS: The City Attorney presented draft of Resolution conditional accepting the option dated April ~1, 1954~ in connection with damages to the of Virginia S. %~lght, et al, arising out of the construction of the Jefferson Stree~ Grade Crossing Elimination Viaduct and Project; whereupon, Mr. Young offered the following Resolution: (#1212~) A RESOLUTION conditionally accepting the option, dated April 21: 1954, whereby Virginia S. %fright: et al.~ agreed to deliver unto the City of Roanoke a deed containing a covenant releasing the city from all damages to their real estati known as Official Tax Nos. 4010505 and 4010506 arising out of the construction, operation and maintenance of the Jefferson Street Grade Crossing Elimination Viaduct and Project; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. ~0, Page 174.) Mr. Young moved the adoption of the Resolution. The zotion was seconded by Mr. %!oody and adopted by the following vote: 315 316 AYBS~ Council members. Manes~ H~nton~ Plcket~ ~'aldrop~ ~oody~ Young~ and the President~ Mr, ~'ebber ........... 7o NA¥S~ None .................. O. MOI'IONSAND HISC~LIANEOUS BUSINESS~ WATER DEPAR~NT~ Mr. Young brought to the attention of Council that Mr. J. p. Whorley~ 3325 Bandy Road~ S. E.~ and eight other families In the immediate area~ are now obtaining their water supply from a privately owned water system located in the county~ stating that it is his understanding the property on which the water system le located ls being sold In the near future and that Mr, ~norley and his neighbors are fearful they wlll be wlthout water this su~.~er~ and moved that the matter Be referred to the City Manager for study and report. The motion was seconded by Mr. Manes and unanimously adopted. COMPLaINTS-PARKS AND PLAYGROUNDS~ Hr. Hlnton brought to the attention o£ the City Manager that he has received complaints about loitering and loud noise at' night in the vicinity of the public rest rooms in Elmvood Park. The City Manager advised that he would look into the ~tter. At this point~ the City Manager requested an executive session to discuss matters pertaining to the viaduct and air condltioning~ after vhieh no official action vas taken. There Being no further business, Council adjourned. APPROVED Clerk President Honday, May 3~ 1954. The Council of the City of Roanoke met in regular meeting in the Hunicipal :ourt Room in the ~uniclpal Building, Hot. ay, May 3, 1954, at 2:00 o~clock, p, the regular meeting hour,, with the President, Hr. Webber, presiding. PBE~ENTS Council members Hanes, Waldrop, Woody, and the President, Hr. Webber ............... -4. ABSENT: Council members Minton, Pickett and Young ......... 3. OFFICERS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph G. City Attorney, and Mr. Harry R. Yatas, City Auditor. The meeting was opened with a prayer by the Reverend G. P. Lottich, Pastor of Christ Lutheran Church. MINUTES: Copy of the minutes of the regular meeting held on Monday, April lg 19S4, having been furnished each member of Council, upon motion of Mr. Woody, secondl b~ Mr. ~aldrop and unanimously adopted, %he reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON PUBLIC ~TrERS: None. PETITIONS tND CO~%~ICATIONS: ZONING: A communication from Mr. J. E. Duerson, Agent for Mr. S. H. Due requesting that property located on the northeast corner of Melrose Avenue and Nineteenth Street, N. W., described as Lots 9, lOand 11, Block ~6, Melrose Land ~ompany Map, be rezoned from Special Residence District to Business District, before Council. On motion of Mr. %~aldrop, seconded by Mr. Hanes and unanimously adopted, request was referred to the City Planning Con, lesion for study, report and reco~end tion. STREET IMPROVE~V~ENTS: A petition signed by forty-four residents living on Melcher Street, S. E., requesting that the street be paved f~nedlately, was before Council. In a discussion of the request, the City Manager advised that water mains have now been laid in the street and even though the street is not scheduled for paving in this year's program he feels certain some work can be done on it this year On motion of Mr. Hanes, seconded by Mr. Yfaldrop and unanimously adopted, the request was referred to the City Manager for his consideration and report to Council STADIUM: The following co.~L~anicatfon from Mr. Clyde Cocke, Chairman~ Stadium Advisory Co~mittee, together with a list of proposed rates covering the stadium as previously requested by Council, was before the body: "April 28, 1954. TO HONORABLE MEMBERS OF CITY CO'J~CIL: Pursuant to motion adopted by your body on Monday, April 19, 1954, this Co~mlttee has again given additional consideration to rental charges applyim to Maher Field covering Stadium, Athletic Field and other parts of the property. Since you do not feel it advisable to repeal at this time 5% City Admission Taxes we hereby strongly recommend adoption of rates sho%~ on the following list, to become effective i~mediately: 'ARTICLE I Section 1 Professional Baseball - Day Events 5~ of all gross receipts - Federal and City admission taxes to be deducted from gross receipts. 817 Section 2 Section Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 14 ~rofessional Baseball - Night Events S~ of all gross receipts - Federal and City ad~lssion taxes to be deducted from gross receipts, Amateur and Semi-Pro Baseball - Day Events (Both out-of- town teams) (If admission charged) 5% of all gross receipts - Federal and City admission taxes to be deducted from gross receipts. Amateur and Semi-Pro Baseball - Day Events - (One or both local teams) (If admission charged) Single ga~es ) $1.00 per game - plus 2~ of all gross recei Double header) in excess of $250.00. Federal and City admission taxes to be deducted from gross receipts. Amateur and Semi-pro Baseball - Night Events (Both out-of- town teams) (If admission charged) 5% of all gross receipts - Federal and City admission taxe~ to be deducted from gross receipts. Amateur and Semi-pro Baseball - Night Events (One or both local teama) (If admission charged) Single game ) $1.00 per game - plus 2% of all gross recei Double header) in excess of $250.00. Federal and City admission taxes to be deducted from gross receipts. Softball - (One or both local teams) (If admission charted Single game ) $1.00 per game - plus 2% of all gross recei Double header) in excess of $250.00. Federal and City admission taxes to be deducted from gross receipts. Softball - (Out-of-to%~ teams) S~ of all gross receipts - Federal and City admission taxes to be deducted from gross receipts. Softball Tournament - (All teams, whether local or out-of- town) 5~ of all gross receipts - Federal and City admission taxesl to be deducted from gross receipts. Football - Hleh School 5% of all gross receipts, which shall include season ticket sales, or a mini~ram of $50.00 per day, whichever is greater Federal and City admission taxes to be deducted from gross receipts. Lessee shall have program rights. Football - College and University 5~ of all gross receipts; provided, however, that when a college or university schedules a game to be played in the stadium~ except on Thanksgiving Day or Armistice Day, which would otherwise be a home game for such college or univers! and its students and/or faculty members would be privileged to admission to the game, if played on home grounds, on a basis not accorded to the general public, the foregoing charge shall not be applicable to admission charges to such students and/or faculty members, if they be admitted to the game so transferred on the same basis. Federal and City admission taxes to be deducted from gross receipts. Lessee shall have program rights. Professional Football - Day Events S% of all gross receipts or a minimum of $100.00 per day, whichever is greater. Federal and City admission taxes to be deducted from gross receipts. Lessee shall have program rights. Professional Football - Nlzht Events S% of all gross receipts or a minimum of $100.00 per night, whichever is greater. Federal and City admission taxes to be deducted from gross receipts. Ice Shows, %~ater Shows, Musical Events, Stage Productions, etc. $200.00 per day minimum charge on attendance not exceeding 9,499 or as follows, whichever is greater: Where attendance is between 3,~00 and 3,999 - 4% of gross receipts %~ere attendance is between 4,000 and4~499 - 5% of gross receipts Where attendance is Between 4~500 and 4t999 - 6% of gross receipts %~ere attendance is over 5,000 - 7~ of gross receipts Federal and City admission taxes to be deducted from gross receipts. Lessee shall have program rights. Section 19 N~zht Lights %~ere any lessee desires to use the City's night lighting system an additional charge of $50.00 per night for Stadium lights and $25.00 per night for Athletic Field lights~ shall be paid.' It is generally recognized income from property of this nature should be in neighborhood of9~ to 10~ of total admission charge which would be case In proposed rates~ taking into consideration total receipts from City admission taxes and proposed rental rates when combined. On all sections o£ ordinance not specifically mentioned on attached sheets~ present rates and charges should continue in effect. }.%em no admission is charged to Stadium, Athletic Field or any part of Maher Field property to be used, same should be furnished free except regular fees are to apply for lights and audio system if used. Attention is likewise called to fact that when and if the 5% City Admission Taxes are abolished~ existing rates should be reviewed and upward where necessary to maintain an average 9% to 105 income from in question. Above in accordance With City Clerk's letter April 27, 1954. Respectfully, (Signed) Clyde Cocke Clyde Cocke~ Chairman, Stadium Advisory Committee" In this connection~ }M. R. P. !Muter, Secretary, Stadium Advisory Cox~Ittee appeared before Council to explain the proposed changes, and after a brief discussi, Mr. %foody moved that since three members of Council are absent that the matter be carried over until the next regular meeting of the body and that in the meantime ~the City Clerk furnish copies of the proposed changes and a copy of the letter to each member of Council. The motion was seconded by Mr. %~ldrop and unanimously adopted. REPORTS OF OFFICERS: STREET IHPROVENJ~NTS= Council having previously referred to the City Manager for study~ report and recommendation a petition signed by nine residents in the 250( block of Westover Avenue~ S. %~., requesting that measures be taken to correct an excessive %~ter drainage and flooding of properties in the block~ he submitted the following report= "Roanoke, Virginia l~y 3, 1954 To The City Council Roanoke~ Virginia MemBers of Council: You referred to ae at our meeting on Monday, April 26~ a petition from residents who reside in the 2500 block of l'~estover Avenue concerning excessi water draining at the rear of their properties. The installation cost of a drain would be approximately $E~700. This was not included in the 1954 budget, nor can I reco,~-~,,end that an appropria- tion be made to have the drain installed. Respectfully sub,~ttted, (Signed) Arthur S. Owens City Manager" In a discussion of the report, the question was raised as to the high cost of this work, the City Manager advising that the $8,700.00 would do a complete Job by carrying the water on to the river and that he does not feel much can be done to the condition on a temporary basis, recox~ending that the request be referre to the 1955 budget study file. 31.9 '320 On motion of Hr, Waldrop: seconded by Hr, Hanes and unanimously adopted~ the matter vas referred to 1955 b~dget study. R~POBTSI The City ganager submitted ~ritten reports from the Department of Parks and Recreation and the Department of Public Works for the month of Harch~ 1954 The reports were filed, AIRPOHTI Council at its meeting of Hatch 1~ 1954~ having referred hack to the City 14anager for study and report to Council as to present operational costs~ and any possible economies which might te effected in the present operation costs and possible economies from the standpoint of labor in the event Piedmont Airlines cancels its gasoline service contract with the city, and the City Manager since that date having discussed with members of Council in executive session the savings stc., he submitted the following report: "Roanoke~ Virginia May 3, 1954 To The City Council Roanoke, Virginia Members of Council: In accordance with Section 8 of the Piedmont Airline Gasoline Service Contract a provision is made whereby they ray terminate this contract by giving the City sixty (60) days prior aTltten notice. I have had one letter and a further official notice that they will terminate the gas service as of June SO, 1954. In furtherance of that advice, ! am officially advising Council. Respectfully submitted, (Signed) Arthur S. Owens City Manager" Mr. Woody moved that the report of the City Manager be concurred in. The notion was seconded by Mr. Hanes and unanimously adopted. REPORTS OF COFJ~ITTEES: None. I~,~FINISHED BUSINESS: YOU~'d COr.~.IISSIOH: Council having previously adopted a resolution providing For a Youth Co~lssion and having deferred action on naming of the members, the uatter was again before the body. ~-~. Hanes moved that since several mer~bers of Council are absent that the ~ppointing of the members be carried over until the meeting of May 10, 1954. The notion was seconded by Mr. ;.%ldrop and unanimously adopted. CONSIDRRATIOR OF CLAIMS: None. INTRODUCTION AND CONSIDERATION OF ORDINAHCES ~-ND RESOLUTIONS: None. MOTIONS AND MISCELLAneOUS BUSINESS: REPORTS: Mr. Valdrop expressed appreciation for the many yearly reports fro~ the various city departments which have been sent to members of Council and advised that he feels the annual reports furnish much valuable informmtion to the members. DEPAR~i~;T OF PARKS-TREES: Mr. Hanes stated that Mrs. H. B. Jeter, 1955 Belleville Road~ 5. ~!.~ had called him in connection with planting of trees on the curb line in front of her home, and suggested that the City Manager contact Mrs. Jeter and advise her how this ~ay be accomplished. The City Manager advised that he %~uld look into the matter. There being no further business, Council adjourned. APPROVED Clerk President COUNCIL, REGULAR MEETIN6, Monday, May lOt 1954. The Council of the City of Roanoke met in regular meeting in the Municipal Court Room in the Municipal Building, Monday, May 10, 1954, at 2:00 o'clock, p. m., the regular meeting hour, with the President, Mr. Vebber, presiding. PRESENT: Co~ncil members Hanes, Minton, Pickett, %~ldrop, %~oody, young, and the President, ;~. Webber ............ 7. ABSENT: None ................. O. OFFICERS PR=_.SENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph ~. %~lttlE City Attorney, and Mr. }larry R. Yates, City ~tditor. The meeting was opened with a prayer by the Reverend Millard R. Floyd, of the First Evangelical United Brethren Church. MI~UTES: Copies of the minntes o£ the regular meetings held on Monday, Aprl] 26, 1954, and }~onday~ May 3, 19.54, having been furnished each member of Council, upon motion of Mr. +faldrop, _seconded ky Mrs. Pickett and unanimously adopted, the reading %ms dispensed with and the minutes approved as recorded. ~IOR CHA~-~ER OF CO~'~-.RCE-S~ENT GOVER~T DAY: ?ne City ~anager P~%ving designated ~ay 10, 1954, as Student Government 5%y for Lucy Addison Senior High School, in co~peratlon with the Junior Chamber of Commerce, the President, Nr. ~ebber, welcomed students serving as Mayor, members of Council, City Manager, City Auditor, City Attorney and City Clerk, as well as other students who %'ere present, and each student sat beside the respective official he or she represented during a portion of the meeting. HEARING OF CITIZENS UPON PIFBLIC MATTERS: PIRKS AND PLAYGROLC'~DS: Pursuant to notice of advertisement for bids and a Bequest for Quotation issued by the Purchasing Agent for furnishing coin operated viewing machines for Mill Mountain, said bids to be received by the Purchasing Agent until 2:00 o'clock, p. m., M~nday, ~ay 10, 1954, and to be opened before the Councl] Of the City of Roanoke at that hour, the President, Mr. Z-febber, asked if there was anyone present who did not fully understand the advertisement and Request for quotation, if there was anyone present who had been denied the privilege of bidding~ or if there were any questions anyone would like to ask, and no representative present raising any question, the President asked the City Clerk to proceed with the opening of the one bid received. The' bid having been opened and publicly read, it was pointed out that it provides for the rental of the viewing machines for a period of one year with the privilege of purchasing the machines outright at the end of that time; whereupon, Mr. Young offered the following Resolution referring the bid to a co.~mittee for study, report and recommendation, with the understanding that the committee will lei into the matter of purchasing the machines outright r~ther than waiting for a year to elapse and will also inform Council as to the amount of revenue to be expected from the machines based on past experience: (~12123) A RESOLUTION referring the bid of Hy-Power Viewing Corporation, Darien, Connecticut, for furnishing coin operated viewing machines for Mill Mountai! to a co.~mlttee composed.of }.~. Arthur S. ~ens, City Manager, Mr. Robert P. Hunter, Director of Parks ~nd Recreation, and ~. R. B. Moss, Purchasing Agent, for study, report and recommendation to the Council of the City of Roanoke. (For full text of Resolution, see Ordinance Book No. 20, Page 175.) Mr, Young moved the adoption of the Resolution. The motion ~as seconded by Mr. Woody and adopted by the following vote: AYES: Council members llanes, Minton, Plckett~ Waldrop, Woody, Young, and the President, Nr. Webber ........... 7. NAYS~ None .............. O. PETITIONS AND CO,~fl~ICATIONS* ANb~(ATION~ The following co~unication from the Wildwood Civic League, requesting certain Improvements at the lover end of Orange Avenue~ Il. E., was before Council: ")~y 1, 19~4. Roanoke City Council Roanoke, Va. Gentlemen: At our April meeting of ~ildwood Civic League, it %~s voted on by league, for this committee to ask you to take into consideration at your council meeting the following: Stop light at Vinton Road and Orange Avenue, N. E. Gutter graded on both sides Orange Avenue from city limits on Route 460 to Vlnton Road. Slow or speed Zone sign at city limits on Route 460, ending city. Street light at 24th Street and Orange Avenue, N. E. It Is the opinion of the people of this locatlon~ that something shoul[ be done to slow traffic on Orange Avenue, due to the fact~ so many school children have to cross this busy thoroughfare. Wildwood CiViC League Chairman of Cor. uittee (Signed} Charles K. Spurlock 2014 Purcell Avenue, N. E., Roanoke 12~ Virginia" On motion Of IIr. Voody, seconded by ~ir. !'~ldrop and unanimously adopted, thf co~municatlon %~s referred to the City Iianeger for study and report to Council. ANNEXATION: The following co~nunication from the Rlverdale Civics Club, requesting certain improvements in the Riverdale area, was before Council: "1E32 Nineteenth Street, S. E. Roanoke 13, Virginia May 1, 19.54 Members of City Council ~nlcipal Building Roanoke, Virginia D~ar Madam & Sirs: On behalf of the Riverdale Civics Club, I again wish to express our whole- hearted appreciation for the work which has been expended along the Roanoke River bank in our section. It is a grand thing to see families and groups sitting In the shade fishing rather than people using the ba~k for a city dump. At our last monthly meeting held April 19~ 1954, the following requests were made by the members of this Club: 1. Since much time and expense has been expended toward clearing the river bank and trees have been planted, some steps should be instituted to restrai people from throwing empty beer cans~ etc., on this cleared area. ~. It is requested that a survey be conducted immediately to determine how many property o%mers in Rlverdale are not connected to our city sewer lines. These people should be notified of the existing ordinances and steps should be taken to remove these eyesores. S. An i~mediate survey of this section relative to proper drainage Of street and chug-holes is requested at this time. The maintenance of all streets will be appreciated. 4. Residents living on Padbury Street, S. E., requested that this Club investigate as to when Padhury Street will ke widened. It is the Club's understanding that a work order is on file for this project. 5. A stop sign be placed at the intersection of Biverdale Road and Nineteen ~ Street, This is a very dangerous corner due to the OBstruction of the drlw ~'s view caused by the contour of property at the intersection of these roads, G. An investigation be trade into the traffic hazard which is present at the intersection o£ Bennington Street and Mount Pleasant Boulevard. If a drive: wishes to turn off Mount Pleasant Boulevard, after passing Garden City Boulevard~ into Bennington Street~ no stop sign warns him of the danger whi, exists from traffic coming from Mount Pleasant Boulevard toward Bennington Street in a westerly direction. 7. We are again opposing the rezoning of property at the corner of Bannlngt, Street and Carlisle Avenue from residential to business. We understand the a hearing will be before the city, Tuesday, May 4. Mr. Cundlff withdrew hi~ previous request for rezoning property April 3~ 19.$4. His request at that time was for construction of a garage. Now Mr. Cundiff is requesting rezoning for a drive-in restaurant. Respectfully yours, Rlverdale Civics Club (Signed) Charles R. Merkel President" On motion of t~r. ?aldrop~ seconded by Hr. ~.![nton and ~manimously adopted~ the co~munlcatlon was referred to the City ~.!anager for study and report to Council. STREE? IMPROVF~.~!TS: A communication from the Reverend ~ordon L. Keller, Pastor of Belmont Baptist Church, asking that Ninth Street, S. E.~ between Jsnfson Avenue and ~'h, ze~ze!i Avenue, be resurfaced, that top soil be placed on the park~nys o: I;intb Street, S. E., and grass planted in spots, and that Stewart Avenue, S. E., between Ninth Street and Seventh Street, he resurfaced, v'as before Council. On motion of ~. Hanes, seconded by 1.br. Young and unanimously adopted, the uor~_~:nication was referred to the City l[anaEer for his attention. SYREBT LIGHTS: A communication from the Appalachian Electric Power Company, setting forth the locations of twenty-six 6000 lumen street lights and five 2500 lumen street lights installed during the month of April, 19~, as ~:ell as the locations sf ten 2500 l~men street lights removed durln~ the month of April, 1954~ ~as before Iouncll. ~ne communication was filed. TRA-~-~FIC-CI~-~' PROPERTY: Council having tabled indefinitely action on the ue~nest of the ~(emortal and Crippled Children's Hospital that the hospital be to lease city property designated as Official No. l~lC02, located on the ~:est side Iefferson Street, south of Roanoke River, for use as a parking lot, the fo!lewin£ :ommunicatlon from the City Plannin2 Co~nfssion, with reference to the matter, ~efore Council: The Honorable R. L. %febber, Mayor, and !lembers of City Council, Roanoke, Virginia. ~entlemen: The attention of the City PlannlnE Cor_nission has been called to the fact that from time to time individuals and different groups have been interested in purchasing the irregular-shaped corner lot located between South Jefferson Street and the N. & W. Railway, south of %'~i!ey Drive, designated as Official Lot No. 1041002, which is o~ned by the City of Roano %;ater Department. ~ne Commission feels that the general policy of the City should be to retain irregular-shaped corner lots as open space to provide for better In regard to the lot in question, which is located at the intersection of three streets, two of which are now heavily travelled, it is the Commis- sion's opinion that the use of said lot for building purposes ~muld tend to increase traffic hazards~ and would be contrary to the public interest. 323 It is felt that said lot should Bo maintained as open spacej vhleh can best be done By incorporating it into the Park system, and the City Plannln~ Co~ission recommends to City Council that this be done. Respectfully submitted, (Signed) George Dunglinson, Jr. Chairman." After a discussion of the matter, the President, Mr. Webberj raising the question as to whether or not property o~n, ed by the %~ter Department could be incorporated into the park system~ and the City Attorney voicing the opinion that lJ could, Mr. Young moved that the matter be taken under advisement for further constd~ tion when the question is again before Council. The ~otion was seconded by Mr. ~ldrop and unanimously adopted. CIFESAP~]CE AND POTOMAC TELEFHONE CO!!PA?~: Council having previously request~ tke City Attorney to prepare a Resolution, authorizing him to appear in Rlchmond~ Vlrginfa~ before the State Corporation Co~nission on ~hy 2f~ 1954~ to oppose any increase In telephone rates at this time that are not absolutely necessary to rmintain satisfactory telephone service, a con~unication from Dr. J. Carl Potndextel Candidate for the United States Congress from the Sixth District of Virginia in the Democratic Pr!mary, expressing the hope~ ~n behalf of many thousands of citizens, that Council will take the necessary action to see that the requested telephone rat~ increase is thoroughly examined and unless it be found fully Justified, that it be competently contested through the good offices of specialists available for this purpose~ was before the body. In this connection~ the City Clerk also brought to the attention of Council copy of a cor~unicatlon from Mr. ~;. F. Stoke addressed to the State Corporation Commission, suggesting that preliminary to determining what action shall be taken cn the recent request of the Chesapeake and Potomac Telephone Company for a rate increase It be ascertained whether present and proposed rates are equitable as between classifications relative to their actual cost. ~.!r. Young moved that the communications ke filed.The motion was seconded by ~r. Hanes and unanimously adopted. REPORTS OF OFFICERS: %'~TER DEPAR~.~ETIT: Council having previously referred tile request of t{r. C. !' Francis~ Jp.~ that the city extend a ~ater ~ain to the end of Peak~:yood Drive in the Prospect Hills section in connection with the subdivision of the area and that he premitted to pay for the water main on the basis of a 2-inch main as he has done in the past for the existing portion o£ water main In Peakwood Drive, to the City Manager for disposition, the City Manager submitted written report that it will be necessary %o adopt an Ordinance, providing for the construction of a pumping in the vicinity of the intersection of Peak%'ood Drive and Exeter Street and the installation of a pur~p therein at the entire expense of the city, in exchange for the conveyance of a site for the p~mpfng station and an easement from Somerset Stre¢ to the site of the pumping station, to complete phase two of the overall plan, and presented draft of such an Ordinance as prepared by the City Attorney~ the City l.~anager pointing out that Mr. Francis has dropped the above request which is phase three of the overall plan and is now willing to proceed with the third and final phase under existing Rules and Regulations of the tater Department If Council rill adopt the proper Ordinance to complete phase twg. 325 In this connection, Mr. Clifton A. }foo4rum, Jr., Attorney, representing Mr. Francis, who was present at the meeting, verbally confirmed the statements made by the City Manager. After a discussion of the ~atter, ~. %~Ody moved that Council take the question under advisement, and that in the meantime, Mr. Woo(~m put his new proposa~ into writing and present same to the body for further consideration. The motion was seconded by Mr. Young and unanimously adopted. BUDGET-HEAL~! DEPAR~{ENT: The City Manager submitted written report that the Acting Co~nlssioner of Health has requested that $127.50 he transferred from the Supplies account in the Health Department budget to the Health account tn the Departmental Equipment and Improvements budget for purchase of a water Lath to be used in the laboratory, the City Manager recom.~endlng that the request be granted. Mr. Hanes moved that Council concur in the reco~-endatlon of the City Manag~ and offered the following emergency Ordinance: (fl~l~4) AN ORDINANCE to amend and reordaln Section #40, "Health and Section ~14S~ "Departmental Equip~ent and Improvements", of the 19~ Appropria- tion Ordinance, and providing for an emergency. (For full text of Ordlnance~ see Ordinance Book No. ~0, Page 175.) Mr. Hanes moved the adoption of the Ordinance. The zotlon %ms seconded by Mr. %~ldrop and adopted by the following vote: AYES: Council members }~anes~ Hlnton, Pickett~ %faldrop, %Ioody, Young~ and the Fresldent~ Mr. Webber ........... 7. NAYS: None .................. O. %~ATER DEPAR~.~NT: The City ~[ana~er submitted %Tltten report that the city longer needs the Ferpetual easement acquired from Mr. !~enry B. Boynton, ~GS1 Creston Avenue~ S. l.f.~ for a water main across his property~ nor does it need the perpetual easement acquired from Mr. Boynton for the erection of an electric cable hdsr~ouerty, and presented draft of an Ordinance prepared by the City iauthorizing the release of the easements. On motion of b~r. Minton~ seconded by [{r. Names and unanimously adopted, acti the matter was deferred until the next regular meeting of Council, pending recelp of information from the City Manager as to what, if anything~ the city paid for the DEPAR~N? OF pLrBLIC %~LFARE: The City Manager submitted written report the Department of Public Welfare for the month of Aprll~ 1954~ showing 1~592 cases handled at a total cost of $77,563.55~ as compared with 1,4S9 cases handled at a total cost of $70:4~8.S5 for the month of April, 1953. The report %~s filed. REPORTS: The City Manager submitted written reports from the Purchaslnff Department, the Department of Buildings, the City Market and the Electrical Depart- ment for the month Of April, 1954; also, reports from the Delinquent Tax Department for the months of January, February, March and April~ 1954. The reports were filed. AIRPORT: The City Manager having previously suggested that the restaurant at the Roanoke ~ndcipal Airport be air conditioned and that new bids be called for the basis of an air conditioned restaurant, and the matter having been referred back to the City Manager for further study as to the advisability of air conditionl: the entire Airport Admlnistration Building and the cost thereof, it being suggested 326 that he also ascertain whether or not the present operator of the restaurant would he willing to pay a higher rental charge for an air conditioned restaurant, he ~ubmitted the following report, together with statistical data on the cost of air mnditioning the entire Airport Administration Building: "Roanoke, Virginia F~y 10, 1954 To The City Council Roanoke, Virginia Members of Council: .' On Tuesday, [~y 4, ! conferred wlth Mr. O. B. Ware, operator of the airport restaurant, and IR. ~rshall Harris, airport manager, in reference to air-conditioning the airport restaurant. Mr. %!are advised me that he could not finance the installation of the necessary equipment, nor would he be wllltng to pay more than the present six per cent for the concession rights at the airport. The Installation cost Is $2623, plus approximately $500.00 for a tower, which must be instal] at a subsequent date. !t would appear that If Council is lncllned to provide the alr-conditio lng, the City should,in fairness to those who might have bid before, recaptu the restaurant under the SO-day clause and reodvertlse for bids. Respectfully submitted, (Signed) Arthur S. Ovens City Manager" After a discussion of the mltter, Council indicating a desire to permit the present operator of the restaurant to continue the operation of the restaurant durfn the sum. her months after it has been air conditioned on a trial b~sis at the present rental chmrge, Mr. Voody moved that the City ;~anager proceed to advertise for bids for air conditioning the restaurant only after making a study of the type of equip- ment needed, award the contract and report back to Council for the proper approprfat The motion was seconded by Mr. Waldrop and urmnlnously adopted. ~-[~}~R FIELD: CouncR having previously terminated the lease between the City ~f Roanoke and Roanoke Baseball, Incorporated, for the rental of the baseball park ~t Maher Field, and the schedule of rental charges for use of the park by amateur baseball teams in the vicinity of Roanoke having been substantially reduced in order to permit the teams to play at Maher Field, the City Manager submitted the following report: "Roanoke, Virginia May 10, 1954 To The City Council Roanoke, Vlrgfnla Members of Council: In furtherance of Council's official action concernlng the baseball park, the City by ordinance recaptured the park and received certain prlvlle. for the use of the box seats, lights and other appurtenances from the Roanok. Baseball, Inc. ~'~e immediately had insurance engineers check as to safety. I an attach hereto the following list of requirements to be made before the pa~k could b~ used: '1. Patch up all %.~lkways. 2. Secure all cabinet doors. 3. Service entrance to concession stand to be secured. 4. Clean all toilets and put into operating condition. ~. Rehang doors and gates to right field bleachers - steel bleacher section. 6. Replace all of wooden fence, 7. Metal guard rail to be r~ade secure in right field section - steel section. S. Put risers on steps leading to benches in right field section - ste~ bleachers - both aisles. 9. Enclose side rails and guard rails - steel bleachers. 10. Check on stairs - steel bleachers. ll. Check box seats for defective boards. 12. Close off wooden section on right field. 13. Close o££ wooden section on left field. 14. Covered section may be used provided all seats and stairs are checked. 15. Close hatch and remove press box. 16. Remove the fire escape. 17. Check all electric wiring. 18. Replace sleepers in dugouts.' %re estimate this to bea minimum of $500.00, with a possibility of its running substantially hi~?,er. After this was accomplished! we would still have the old stands~ and further expenditures vould be required in subsequer years. In addition to this cost, if we encompassed the condemmed area by wiring, it %'ould be approximately $250.00. There is certain wire and equipment which must be renovated by an electrical cozpany, ~:ho has given us an estirmte of SB4G.09 before the park can ~e used. Respectfully subzlt%ed~ (Si~ned) Arthu~ S. City In a discussion of the matte~, the City ~ana~er recor~nended that the grand- stand, as well as the wooden s~cttons, be razed; whereupon, ~. Hanes moved thru% th( matter be referred to the City Attorney For preparation of the proper Resolution. ~e notion %'as seconded by Mr. YounE and unanimously adopted. In a further discussicn of the n~tter, Council bein~ of the opinion that electric wfrJnf should be repaired and that a chain link Fence should be erected, M~nton offe~ed the fo!lowin~ emerfency Ordinance appropr~t~n~ ~157.00 to Electr~cit for the rental cf a t~ansforner~ ~1S9.09 to Repairs fom labor an~ nute~i~! on electrical equlpr, ent by an electrical co~.p~ny and ~653.91 to Hefairs for the erectlon of a chain link Fence ~n the Stadium and Athletic Fle!d budget: (f!2125) AN ORDI~A~CE to amend and reordain Section ~112~ "Stadium and Athletic Fleld"~ o~ the 19~ ApproprIat~on Ord~nanc% and p~ov!din~ For an emerEenc (Fo~ full te~t of Ordinance, see Ordinanc~ ~ook No. ~0, Pa~e 17G.) Mr. Minton moved the adoption of the O~d~nance. ~.e notion %-'~s s~c~nded tv Mr. '~'mldrop and adopted by the A~H: Council me~bers Hanes, Hinton~ Pickett, ~aldrop, Voody~ Youn~, and th* President, I.~. %'ebber ........ '--7. NAYS: None .............. O. AIRPORT: ~e City Manafer submitted %~itten report that Mr. Geor[e }~. Mason wishes to ~ent the, snail office on the second Floor of the Airport Terninal consistinE of lO~ square feet at $2.00 per square Foot per year and app:ox~rmtely SS square feet of storage space in the b~senent of the Airport Terminal Build~n~ at $1.00 per square foot per year, effective J~e 1, 19~, the City Manager reco~endt that the space be rented on a month-to-month basis. Mr. ~oody moved that Council concuP ~n the recommendation of the City ~n~[ and that the ~tter be referred to the City Attorney for preparation of the proFer Ordinance. ~e ~otion %'as seconded by ::r. ~'~aldrop and unanimously adopted. PENSIONS: ~e City Audtto~ submitted a cor~unicat~on~ to~ether with a report on the audit of the F~ployees~ Retirement System of the City of Roanoke~ V~r61nta, Kennett and Kennett, Certified ~bl~c Accountants, fo~ the yemr ended December ~e co~nunicatfon and report ~:ere filed. ~POR~ OF CO'.Q~IT~S: None. [q~IN~S~D BUSINESS: ~-t~ FIELD: Council at ~ts last rezular meet~n~ havin~ deferred action on the question of reduc~nE rental charges for certain uses the Stadfu~ Advisory Co~ttee feels should be encouraEed at Maher Field~ the ~tter was again before tb body. $28 Mr, %~oody moved that Council concur in the reco~endations of thc Stadl=~ Advisory Committee and that the matter he referred to the City Attorney for prepara- tion of the proper Ordinance amending the Municipal Stadium and Athletic Field Rental Ordinance. The motion was seconded hy ~M. young and unanimously adopted. YOU~{COMMISSION: Council at its regular meeting on April 26t 1954t having adopted a Resolution providing for the establishment and appointment of a co%~ittee to be kno%~ as the Youth Com_~lssion of the City o£ Roanoke~ the matter ~as again before the body. ~. Hanes placed in nomination the names of Mrs. Mary C. Pickett for a B-ye~ tern, ~s. A. B. Camper~ Jr., for a 1-year term, Rev. F. E. Alexander for a 2-year tern, Mr. %~. ¥. McCathern for a 2-year tern and Dr. D. E. ~!cQuilkin for a 1-year ter said terms to begin as of the 1st day of May, 1954. The nomination wms seconded by Mr. Waldrop and the nominees were appointed as members of the Youth Cor~nlss~on by the following vote: A~S: Council members Hanes~ Minton, %~ldrop~ ~oody~ Young, and the Fresider Mr. %:ebber .............. 6. N~YS: None ...... O. (Mrs. Pickett not votin~) CONS;DERATION OF CLAIMS: None. ~NTRODUCTION AND CCNSIDERAT~ON OF OBDINANCES AND RESOLUTIONS: BONDS: The City Attorney presented draft of a Resolution, providing for a banking Institution in the City of Ne~ York as a place of payment for the bonds and coupons mentioned and provided for in Ordinance No. 120.°0, and for a proposal by th, City of Roanoke to prospective purchasers of said bonds that the bonds and coupons wi~l he paid at such bad, lng institution in the City of New York, the proposal to be and constitute a part of the purchase a~reenent; whereupon, Mr. Hinton offered the following Resolution: (#1212~) A RESOLUTI07? providing for a banking institution in the City of Ne~ York as a place of payment for bonds and coupons zentioned and provided for in an ordinance, No. 12090, entitled: "AY~ ORDINANCE to provide for the issue of bonds of the City of Roanoke, Virginia, in the amount of One Mtll~on One Hundred Sixty Thousand Do~]ars ($1,160,000) to provide funds with which to retire, at rmtur~ty, One Million One }~ndred Sixty Thousand Dollars ($1,1OOtO00) outstanding tern bonds of the City of Roanoke, Virginia, that become due and payable on the first day July, 1954", passed by the Council of the City of Roanoke, Virginia~ on the Sth day of April, 19~%4, and for a proposal by the City of Roanoke to prospective purchasers of sa~d bonds that the bonds and coupons ~ill be paid at such banking institution the City of New York, the proposal to be and constitute a part of the purchase agree an8 providing for an emergency. (For full text of Resolotton, see Ordinance Book No. 20, Page 176.) Mr. Minton moved the adoption of the Hesolutfon. The motion %~s seconded by Mr. Hanes and adopted by the fol!o~ing vote: A%~S: Council members Hanes, Minton, Pickett~ %~ldrop~ %!oody, Young, and the President, Mr. %febber NAYS: None ........... O. STREET IMPROVEmenTS: The City Attorney having been requested to prepare the proper measure accepting the proposal of the Virginia Asphalt Paving Company, ent; Incorporated, in reduced proportions~ for the paving of certain streets in the cityI ~resented same; whereupon~ Hr. Waldrop offered the following emergency Ordinance: (~12127~ AN ORDINANCE accepting the proposal of the Virginia Asphalt Paving Co., Inc.~ in reduced proportions~ for the paving of certain streets in the City; directing the execution of the requisite contract; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 178.) Mr. 1.faldrop moved the adoption of the Ordi~nce. ~e ~otlon was seconded b~ Mr. Minton and adopted by the following vote~ A~S: Council me~bers Hanes, Minton, Pickett, Valdrop, ~foody, Young, and the President~ Mr. ~febber .......... 7. NAYS: None ................. O. S~.~R CONS~UCTION: Councll having previonsly appointed a committee before whom abutting lando~ers on certain portions of ~rook Street, N. E., Dunkirk Avenue N. E.~ and Idlewlld Boulevard~ N. E.~ mlght appear and be heard In favor of or against the proposed construction of sanitary sewers ~n and along sa~d portions of said streets, the City Clerk advised that the hearing was held on May 5~ 19f~ at ~:00 o'clock~ p. m.~ and presented draft of Resolution authorizing the construction of the sanitary sewers and providing for the docketing of estimated assessments therefor against the affected landor,mess; vhereupon~ ~r. Young offered the follow~n Resolution: ~ (~12122) A RESOLUTION authorizing the constr~ction of sanitary sewers In an~ along certain parts of ~rook Street, N. E., ~2<lrk Avenue, N. E., and Idtew~ld ~ Boulevard~ N. E.~ for which ~mprovements assessments are to he made against the ~ a%utting lando~mers and providing for the docketing of an abstract of the Besolutio~ in the Clerk's Office of the Hustings Court of the City of Roanoke; and providing for an emergency. (For ~11 text of Resolution~ see Ordinance Book No. ~0~ Page 179.) Hr. Yo~g moved the adoption of the Resolution. The motion was seconded hy Mr. ~.foody and adopted by the following vote: A%~S: Council members Hanes~ Mfnton~ Plckett~ Valdrop, Uoody~ Young~ and the President~ Mr. ?~ebber ............ 7. NAYS: None ............... O. GRADE CROSSINGS: ~e City Attorney brought to the attention of Council the following draft of a contract between T. E. Roberts and Marie F. Roberts, his wife~ %f. J. Roberts and Dorothy T. Roberts, his wife~ parties of the first part, and the City of Roanoke, party of the second part~ with reference to the Jefferson Street Grade Crossing Elimination Viaduct and Project: "~IIS CON~ACT, made and entered into this the Third day of May~ Nineteen Hundred Flfty-Fo~, by and between T. E. ROEER~ AND ~.t~IE F. ROBERt, his wlfe~ %f. J. ROBER~ and ~RO~ T. ROB~ his wife, parties of the first part~ and the CItY OF ROANOKE~ a municipal corporation organize, and existing under the laws of the Commonwealth of Vlrginia~ party of the second part, ~AT~ %,]IER~S~ the Co~=~onwealth of V[rg[n[a~ the City of Roanoke and the Norfolk ~ %festeFn Ra[[%~y Company have sole~ly contracted to cause to te erected~ in the City of Roanoke~ a brldEe over and a ~lkway under the Norfo~ & Western Railway tracks which project Is frequently referred to as the Jefferson Street Grade Crossing Elimination Viaduct and Project; and ~'.~S~ the parties of the first part are o~mers of real estate~ located within the City of Roanoke~ oortfons of which are needed for rights of way for the aforesaid project and' refining portions of which will he damaged because of the construction, ~intenance and operation thereof, and 329 ¥.~REA~, the parties of the first part are agreeable to conveying, unto the City, the unenctmbered fee simple title to their hereinafter described real estate needed as rights of way for the aforesaid project, a~ ~VdEREAS, at the direction of the parties hereto Wells & I:eagher, Architects and Engineers, have carefully studied the plans and specificatio~ of the aforesaid project, the ill effects that the construction, maintenanc, and operation thereof will have upon the residue Of the real estate of the parties of the first part, and have prepared plans and specifications for the reconditioning of such remaining land and the buildings located thereon so that, if and when the work, alterations and additions provided for in said last-mentioned plans and specifications have been performed, uses nay be made of said re.maiming real estate, acceptable to the parties of the first part, after the aforesaid Viaduct and Project shall have been complet, which said plans and specifications, bearing date April 12, 1954, have been approved by the City Engineer, the Chief Engineer of the Norfolk & %~stern Rall~my Company, the Ur~nEnginesr of the Depart=ant of Highways of the Co=~onwealth of Virginia and T. E. Roberts, agent for the parties of the first part, as is evidenced by their signatures affixed thereto, and which said plans and specifications are on file in the Office of the City Engineer and are, by this reference, made a part of this contract. NOt'f, ~{F~REFORE, in consideration of the prealses, and of the under- takings hereinafter set forth and agreed to, the parties hereto covenant and agree as follows: 1. Tbs parties of the first part covenant and agree, for and on behalf (a) TO promptly grant and convey unto the City of Roanoke, by deed to be approved by the City Attorney and containing GEneRAL ~'ARRANTYand modern english covenants, the following described real estate, viz.: (1) BEGI~;ING at a paint on the present east line Of Second Street, N. E. (formerly Holliday Street) said beginn~ng point being located M. 1~ 08' SO" E. 100.~0 feet from the point of intersection of the present east line of Second Street with the present north line of Shenandoah Avenue; thence continuing with the said llne of Second Street~ ' 1: OS' ~0" E. 79.86 feet to a point on ~ame; thence S. eS: ~0' 1~" E. ~1.10 feet to a point on the newly established east line of Second Street; thence with same S. 15° ~3' 46" ~. ~2.5S7 feet to the place of BEGINNING, an9 containing F42.7S s~mre feet; £EING a west portion of Lots 2 and 3, %~rd 4, ~4ap of Roanoke Land and Improvement Company; and BEING sho%m in pink on Plan No. 4000-16, dated April 20~ 19~, approved hy the City Engineer and attached hereto for a more complete description thereof. All bearings refer to the meridian of the Official Survey of the City of Roanoke. (~) BEGINNING at the present northeast corner Of Second Street and Shenandoah Avenue, N. E.; thence with the present east line Of Second Street, N. 1: 08' 30" E. 0.25 of a foot to a point on same; thence with a new division line t~rough and across Lot 1, %~rd 4~ Map of Roanoke Land and Improvement Company, said line belnga curved line to the left an arc distance of 5.7~ feet, radius of said curve bein~ 20.0 feet with a chord bearlng and distance of N. 82~ 07' 10" E. S.71 feet, to a point on the present north line of Shenandoah Avenue; thence with same S. 7~° ,5.~t SS" %f. 5.90 feet to the place of BEGINNING, containing 3.0 sq~lare feet~ more or les~ and being a southwest portion of Lot 1, %~rd 4, 5~p of Roanoke Land and Improvement Company, as shown in pink on the aforesaid Plan attached hereto. Ail bearings refer to the meridian of the Official Surveyfor tile City of Roanoke, Virginia. (bi To grant and convey unto the City of Roanoke a construction easement for full and complete use, by said City and the Commonwealth of Virginia, their servants, agents and contractors, in constructing the afore- said Jefferson Street Grade Crossing Elimination Viaduct and Project and als in causing the alterations and additions to be made to the residue of their real estate, as hereinafter contemplated and set forth in paragraph numbered 2. (a) hereof; which said construction easement shall autonatlcally terminat and cease to exist upon the full completion of all of said work; the metes and bounds thereof being as follows: BEING a construction easement as shown on attached plan and being more particularly described as follows: Between corners A and B, 99.:k5 feet; between corners B and C 51.56 feet; between corners C and D, S1.027 feet, more or less; between corners D and E, 7.0 feet, more or less; between corners E and F, 32.0 feet, more or less; between corners F and G, 6.0 feet, more or less; between corners G and H. 42.0 feet, more or less; between corners H and I, 80.0 feet, more or less; bet~en corners I and J, 40.0 feet, more or less; between corners J and K. 89.0 feet, more or less; between corners K and L, 22.0 feet~ more or less; between corners L and H~ 43°0 feet, more or less; between corners H and R 31.0 feet~ more or less; and between corners N and A, 5.73 feet; as shown on the aforesaid Plan in yellow. (c) To release the party of the second part, its successors and assigns of and fram any and all damnges to their remaining lands, after the aforesaid alterations and additions thereto have been completed and pe as herein contemplated and set forth in said paragraph numbered 2. (a) arising out of the construction~ maintenance and operation of the Street Grade Crossing Eliml~tion Viaduct and Project. 2. The City of Roanoke covenants and agreest (a) To cause the work, alterations and additions to be performed on the residueof the parties of the first parts' land, as shown on the above- described plans, dated April 12, 1954, prepared by %~lls & Meagher, Architec! and Engineers, to be ~de a part of the over-all Jefferson Street Grade Crossing Elimination Viaduct and Project and to be performed by the bidder for the construction thereof in accordance with the aforesaid Archite( s' plans at no cost to the parties of the first part; (b) To cause to be perrmnently vacated and closed that portion of 2nd Street, N. E., in the City of Roanoke, Virginia, bounded and described as follows: BEGINNING at a point on the present east line of Second Street, N. E., said beginning point being located N. 1° OS' SO" E. 0.85 of a foot from the present northeast corner of Shenandoah Avenue~ N. E., and Second Street; thence through a portion of Second Street and with a curved line to the right an arc distance of 36.87 feet to a point of tangency (radius of said curve being 20.0 feet with a chord bearing and distance of N. 36: Si' 43" W. 31.~6 feet); thence N. lB: S6' 46" E. 76.79 feet to a point on the presen' east line of Second Street; thence with same S. 1~ 08' SO" tr. 99.25 feet to the place of BEGINNING, and containing 1,144.0 square feet, more or less; as sho~ In green on the aforesaid Plan attached hereto. All bearings refer to the meridian of the Official Survey of the City of Roanoke. And the party of the second part will execute and deliver to the parties of the first part a deed, with SPECIAL %fARRANTf of title thereto. WI~{ESS the following signatures and seals, this the day, month and year first above written. (Sf~ned) T. E. Roberts .. (SEAL) T. E. Roberts (Stzned) Marie F. Roberts (SEAL) Marie F. Roberts ~Sf£ned) %,. J~ Roberts (SEAL) %'. J. Roberts (Si~ned) Dorothy T. Hoberts (SEAL) Dorothy T. Bokerts CITY OF ROANOk~E, ATTEST: Mayor. Cdty Clerk" After a lengthy discussion of the matter, the President, Mr. %~bber, ~g a maximum figure for the work, alterations snd additions to be performed on the ~esidue of the land at no cost to the o..mers should be included in the contract, and City Attorney advlstng that the participating agencfes~ as well as the engineers the above procedure is the most expedient~ }~. Young offered the following Ordinance: (~12129) AN ORDINANCE conditionally authorizing the execution of a contract, 7or and on behalf of the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 180.) Mr. Young moved the adoption of the Ordinance. The motion %ms seconded by ~inton and adopted by the following vote: AYES: Council members Ranes, Minton, Pickett, }%ldrop, ~oody and Young .... 6. NAYS: The President, Mr. %~bber .......... 1. GRADE CROSSINGS~ The City Attorney presented draft of an Ordinance establis! lng a public alley between First Street and Second Streett S. E., leading from Norfolk Avenue in a southerly directiont as previously agreed upon in the acquisitio of certain land fron Mr. N. D. Malouf for the Jefferson Street Grade Crossing ~limination Viaduct and Project. In this connection, the City Clerk brought to the attention of Council the ~ollowing communication from the City Planning Con~lsslcn~ reco~endlng that the all be established: "May 7, 19.54. The Honorable R. L. %~bber, ~yor, and Members of City Council~ Roanoke~ Virginia. Gentlemen: ~e attention of the City Planning Co~isslon has been called to the fact that, in the acquisition of properties needed for the proposed Viaduct Project, an agreement has been reached with N. D. }!alouf for an option to purchase his lot~ designated as 'Parcel ~17', located on the south side of Norfolk Avenue, east of 1st Street~ S. E., on condition that he is provided access to other property owned by him which is adjacent thereto on the sout~ and which fronts Salem Avenue. In view of the necessity for acquiring said property, the City Plannlni Coxatsston reco=nends to City Council that a IS-foot alley %e dedicated to provide access to Nr. }~alou£~s property fronting on Salem Avenue and for public use, said proposed alley to run in a southerly direction from Norfol~ Avenue to the north boundary of the remaining property of II. D. ~alouf~ and to be located between Pier F,i and Pier ~5, as shown generally on the attache preliminary sketch. Respectfully submitted~ (Signed) George ~anglinson, Jr., Chairman." ~!r. ~oody moved that Council concur in the recom~mendation of the City Plannf Co~nlssion and that the following Ordinance be placed upon its first reading. zotion was seconded by !.!r. Hanes and adopted by the following vote: AYES: Council members Hanes, Mlnton~ Pickett, l.%ldrop, ~oody~ Young~ and the Presfdent~ !.Ir. Webber ............ 7. ~AYS: None ............... O. (fl21SO) All ORDINANCE establishing a public alley between First and Second Streets~ S. E., leading from Norfolk Avenue, in a southerly direction, under the proposed Jefferson Street Grade Crossing Elimination Viaduct and traversing the right of %,~y thereof. %~EREAS~ N. D. Malouf has conveyed unto the City of Roanoke certain real estate, situated on the south side of Norfolk Avenue between First and Second Street S. E., for use as a portion of the right of way for the Jefferson Street Grade Crossing Elimination Viaduct and Project; retaining, however, real estate contiguous thereto on the south, and %gn*EHEAS, the conveyance of said right of way unto the City deprives the residue Of adequate ingress and egress~ and }~REAOrlthe. Engi~eerlng Department has advised Council that the establiskmel of the public alley hereinafter established will in no way harm the proposed Viaduct )r curtail the use Of the City's real estate situated thereunder and~ that it ~fford reasonable ingress and egress to the residue of the N. D. Malouf property and tlso to other real estate of the City adjoining it on the east and west; and %~{EREAS, the establishment of such a public alley has been studied and ~pproved by the City Planning Coxmission. THEREFOREg BE IT ORDAINED by the Council of the City of Roanoke that a publ! alley beg and one is herehyg established through real estate belonging to the City situated between First and Second Streets, S. E.g running southwardly from Norfolk Avenue within the following courses and distancesg viz,: BEGINNING at a point on the present south line of Norfolk AvenUeg S. said beginning point being located the following two (2) courses and distances from the present southeast corner of First Street, S. E.! an~ Norfolk Avenueg S. E.; l.e.g S. 88: 48' 29" E. 70.28 feet and S. ?0: lB' 42" E. S3.55 feet; thence leaving the said beginning point and continuing with the present south line o£ Norfolk AVenue, S. 76~ 42" E. 18.88 feet to a point on same; thence S. S* 49' 42" E. 88.95 feet to a point; thence N. R8° 47' 14" %~. 18.07 feet to a point; thene~ N. S° 49' 42" W. 98.07 feet to the place of BEGINNIK~g and containing 1,638.13 square feet, more or less. Ail bearings refer to the meridian of the Official Survey. See Plan No. 4000-17 on file in the Office Of the City Engineer. ~E IT F[~{ER ORDAINED that the City Clerk supply the City Engineer and the Planning Engineer with attested copies of this ordinance and that each of said proper memorandum to be m~de on the records and maps in their respective showing the establishment of said public alley. RE IT Fi~R ORDAIb~ED that the City Clerk be, and he is hereby, d~reeted to cause a plat showin~ the above-described public alley to be adnltted to record the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia. The Ordinance having been readlnE, was laid over. ~O?IONS AUD ~ISCELLA~EOUS RU$I~ESS: LICENSE TAX CODE: Mr. Woody brought to the attention of Council the ~atter of fixing a date for the next License Tax Code study. It was decided that the next study would begin at 7:SO o'clock~ p. June 4, 19~4. ~MORIAL ~!D CRIPPLED CHILDREN'S HOSPITAL: ~!r. Woody brought to the attentt of Council and the City Manager that he fears the land fill in the vicinity of and Crippled Children's Hospital will kill the trees in the area. The City Manager ~dvised that he would look into the ~atter. PARKS AND PLAYGRO~JNDS: Mr. M~nton brought to the attention of Council and City Manager the need for additional benches and new nets for the basketball Melrose Park. The City ~nager advised that he would look into the matter. ~4ATER DEPARTmeNT: Mr. Yfaldrop brought to the attention of Council and the Manager that he has received a complaint from Miss L. Louise Forbes, 824 Bulltt~ S. E., that the water serving that area is too hard. The City Manager advised that he would look into the matter. There being no further business~ Council adjourned. A P P R 0 V E D -' V President 333 COLq~CILt SPECIAL HEETIN6 ~'ednesdayt ~ay 12t 1954. The Council of the City of Roanoke met in special meeting in the Municipal Court Boom in the Municipal Bulldlng~ ~ednesday~ [~y 12~ 1954~ at 12:00 o*clock~ for the purpose of receiving and opening bids and a~rding sale of $1~160~000.00 Refunding Bonds, Series "II", of the City of Roanoke, Vlrginta~ dated June 1bt 1954~ with the President~ }~. %~eb~er, presiding. PRESENT: Council members }~nes~ Mlnton~ Pickett~ %~ldrop, %~ody~ and the President, Mr. Yfebber ......... 6. ABSENT: Hr. Young ..... 1. OFFICERS PRESENT: }ir. Arthur S. Owens, City Manager~ ~[r. Randolph G. %~lttl. City Attorney~ and Mr. Harry R. Yates, City ~lditor. BONDS: It appearing~ under the provisions of Ordinance No. 12090, adopted on the gth day et April, 1954, that the City Clerk %'as directed to advertise for th( sale of $1,160,000.00 Refunding Bonds, S~ries "II", of the City of Roanoke, Vfrglni~ dated June 15~ 19~4~ the said bids to ke presented to Council at 12:00 o*clock~ nee! ~ednesday, May 12~ 19~4~ pursuant to advertisement and due notice of sale~ the s aid advertisement reserving the right to the city to re~ect any and all bids, and in accordance with said Ordinunce, advertisement and publicity, the advertisement ~rovidlng that proposals ~ould ke received for the purchase of all~ but not any par Of the bonds, fifteen bids were presented to the body. In this connection, the President, Mr. %~kber, stated that kefore the bids were opened, Council ~ould like to know if any bidder present did not fully underc stand the proposal, whether anyone present had not been given an opportunity to submit bids, and if there were any questions on the part of those %.ho had submitted proposals relative to terms and conditions upon which the bids had keen submitted. Ho one present raising any qnestlon as to the advertisement and notice of sale, the President, Hr. ~%bber, requested the City Clerk to proceed with the openi! of the bids. After the opening and reading of the bids~ on motion of }{r. Uoody, seconded by Mr. !.Ialdrop and unanimously adopted, they %:ere referred to the City Auditor and the Assistant City Auditor for tabulation and to report to Council as promptly as possible. Later during the meeting, the City Auditor submitted a tabulation of the bids showing the proposal Of Halsey~ Stuart & Co., Inc., and Associates, ~ith a net interest rate to the city of 2.0638183 as the lowest bld; %'hereupon, .Mr. Banes offer the following emergency Resolution, providing for the sale of the $1,1GO~OOO.O0 Refunding Bonds, Series "II", of the City Of Roanoke, Virginia, dated June 15, 1954, to Hatsey~ Stuart & Co.~ Inc., and Associates, as tko best bid in the interest of City of Roanoke: (#12181) A RESOLUTION to sell to Halsey, Stuart & Co., Inc., and Associates: $1~160~000.00 Refunding Bonds, Series "II", of the City of Roanoke, Virginfa~ at thf 5id submitted; rejecting all other bids; directing that the certified check accompan lng the successful bid he deposited by the City Treasurer end credit therefor be altered on the purchase price of the bonds; that the certified or cashier's cheek of all other bidders be forthwith returned; and providing for an emergency. (For full text of Resolution, see Ordinance Book ~[o. 20, Page 181.) The Resolution having been read in its entirety~ Hr. llanes noved its adoption. The motion was seconded ~y Hr. %faldrop and adopted ~y the follow~n~ vote AYES: Council men%ers Hanes, }~lntont Pickett~ ?aldropt %.'oodyt and the President~ Mr. %febber ............. 6. NAYS: None ................ O. (}fr. Young. absent) There heine no further business~ Council adjourned. APPROVED Clerk ~ / {/ President COUECIL~ REGULAR ~T~NG, Honday~ }~ay 17, 1954, The Council of the City of Roanoke met ~n regular meeting in the ~.~lcipal the regular meeting hour, with the ~esident, ~. Webber, presiding. PRES~T~ Council ~embers tMnes, Minton, Pickett, Waldrop, Wo~y, Y~ng~ and ~the President, 2-M. %febber ............ 7. ~T~ None ................. O. O~IC~S P~S~T: ~. Arthur S. ~'ens, City Hana2er, Hr. Randolph O. ~lttl( City Attorney, and }M. Harry R. Yates, City Auditor. ~e meeting ~s opened with a prayer by the Reverend H. S. Conpton, Pastor of the Garden City Church of the Nazarene. CI~ CL~K: Co~cll hav~ng previously accepted the resffnation of ~. M. K. Moorzan as City Clerk, ~ffectiv~ as of ~.~ay 15, 19~, the ~esident, ~. ~ebhert called for no~inations to fill the vacancy; whereupon, Hr. Younz placed In nominattc the name of Hr. J. Robert ~o~s, and there bein~ no ~rther no~natlons, ~r. J. chert Thozas was elected as City Clerk to fill the unexpired ~erm of I~. ~. K. oor~n ending September S9, 19~, by the followinz vote: A~S: Co~cil ne~bers Hanes, Ninton~ Pickett, ?aldrop, Woody, yo~, and the President, Hr. %~ebber ............. 7. NAYS: None ................ O. At this point, Council recessed in order to allo%' Mr. ~onas to qualify City Clerk. A fe~ ~lnutes later, ~. ~o~s returned to the Council Chamber and present~ a certificate from ~. R. J. %~atson, Clerk of the Hustings Cour% of the City of Roanoke, Virginia, certifying that the said J. Rober% Tho~s had duly qualified as City Clerk of the City of Roanoke, Virginia, by taking and subscrlbinz the oath of office prescribed by law; f~ediately followin~ which the ~[ayor declared the recess ended and duly called the Council to order. MINU~S: Copy of the minutes o~ the special meeting held on %.~ednesday, May 12, 19~, havin~ been furnished each member of Co~cll, upon mo%ion of ~.~. t!anes, seconded by ~*~. Waldrop and unanimously adopted, the readin~ %~s dispensed with and the minutes approved as recorded. JL~;IOR Ct~.~ OF CO~RCE-ST~T GO~R~T DAY: ~e City Manger having designated May 17, 19~, as Student Govermment D~y for ~,fillia~ Fle~ing High School, in cooperation with the J~ior Chamber of Co~erce, the President~ ~. ?febber, welcomed students serving as Mayor, =embers of Council, City Manger, City Auditor, City Attorney and City Clerk, as well as other students who were present, and each student sat beside the respective official he or she represented during a portion of the meeting. · t~ING OF CITIngS UPON P~LIC ~.~T~S: None. PETITIONS ~D CO~.~ICATIONS: SCHOOL BOARD: A co~u~ication from Dr. A. L. Ja~es, advising t~t he does not wish to be considered for another ter~ when his present term a~ a member of the Roanoke City School Board expires on July 1, 19~, was before Council. Mr. Young moved that the co~nicatlon be filed. ~e notion was seconded b~ Mr. ~Inton and ~antmously adopted. ANNEX&TION-PARKS AND PLAYGROUND~I The following com~unlcation from the City Planning Co~mlssion, with reference to the naming of the Tazewe11 Morgan Helrs property recently acquired by the clty, was before Council: "May 10, 1954. The ttonorable R. Lo Webber, F~yor, and Members of City Council, Roanoke, Virginia. Gentlemen: In reply to your letters of February 15~ 1954, and April 26, 1954, referring to the City Planning com~lssion for study, report and reco--~enda- tion, the suggestions of the Wildwood Civic League regarding a park name for the property of the Tazewell Morgan Heirs recently acquired by the City of Roanoke, the last suggestion being 'Thrasher Memorial Park'I It is the Commission's understandin~ that the use designation of this tract of land has nat yet been nade by Council. If it is intended that the major part of it be used for a public park, the Com~lsslon recommends that the portion to be so used be determined and incorporated into the City Park System. ~ne Comnlssion recommends, further, that the area designated for park purposes be named 'Thrasher Park'. Respectfully submitted, (Signed) George Dungllnson, Jr. Chairman." On motion of Mrs. Pickett, seconded by l~m. Minton and urmnimously adopted, the matter was referred to the Director of Parks and Recreation for his recommenda- tion as to the maze of the park and to the Roanoke City School Board for advice as to whether or not the School Board has any plans for a school on the site, and if so. how many acres such site would require. RECREATION DEPAR~.~NT-PARKS ~ID PLAYGRO~iDS: Council having previously deferred action on an Crdlnance prepared by the City Attorney, providing for use of certain property of the Jo.hnson-Carper Furniture Company for a recreation cen%er and playground area, pending receipt of a report from the City Planning Co~nission as to a general plan for the development of the area and a name therefor, the following comnunlcation from the City Planning Comnlsslon, with reference to the matter~ ~,ns before the body: "MaylO, 19.54. The Honorable R. L. Webber, Mayor, and Members of City Council, Roanoke, Virginia. Gentlemen: In regard to the offer of the Johnson-Carper Furniture Company to make available to the City of Roanoke for an 'indefinite period of time' its property located on the west side of Hollins Road between Pestle and %.fertz Avenues for a 'recreation center and playground area', ~ich was referred to the City Planning Commission for consideration: Hembers of the City Planning Co,mission, together with the Director of Parks and Recreation, have inspected the property in question and considered its suitability for the proposed use. The City Planning Commission recommends that the offer made by the Jobmson-Carper Furniture Company be accepted under the conditions stipulated by It. As to the question of a name, it is suggested, since the area is not a City-owned park, that the Director of Recreation confer with Company offici as to a name which will he satisfactory. Respectfully submitted, (Signed) George Dungllnson, Jr. Chairman" On motion of ~. Waldrop~ seconded by ~.~. Hanes and unanimously adopted, the ~-atter was referred to the Director of Parks and Recreation to confer with officials of the Johnson-Carper Furniture Company as to a name which will he satisfactory and to report back to Council. PAI~S AND PLAYGHOU~I~: The £ollowing communication from the City Planning Comission, with reference to securln~ a site for a park and playgro=nd In the %fashin~ton Heights section, ~as tefore Council: ~'Hay 10, 1954. The Honorable H. L. t~bber. ~yor, and Eembers of City Council, Roanoke, Virginia. Gentlemen~ In reply to your letter of January 15, 1953, referring to the City Planning Commission for study, report and recommendation, the question of acquiring a park site (other than the Parse1 property previously reco~ende¢ for a playground tn the ~fashington Heights section: The Co,lesion has studied and viewed a n~eber of areas located in that section, together with the Director of Parks and Recreation, and in opinion the vacant lots In the tract of land hounded on the north by ~omlng Avenue, on the east by Westslde Boulevard, on the south by K~ntucky Avenue, and on the west by Monroe Street, seem to be the most suitable for a playground area. ~-~.e Co=~lssion reco=mends that City Council acquire the followlng vaca~ properties for park and playground purposes, if they can be purchased at a price deemed reasonable: l~shington Heights Land 1.[ap, Block 2, Lots 1 to 12, inclusive, Lot 14, and Lots 16 to 22, incluslve. 1~shlngtom Heights Land Hap, Block 3, Lots 1 to 19, inclusive. Respectfully sub,.'mltted, (Signed) George Dun~linson, Jr. Chairman." On motion of Nr. Young, seconded by :.M. }[lnton and unmnimously adopted, the matter ~as referred to the City I~[anager for preparation of a map showing the propose ~rk in relation to the other parks in the city, an estimate of the cost of acquir-i lng the property, consultation with the Roanoke City School Board with reference to the possible location of a school on the property and for ~eport back to Council. G~DE CROSSINGS-SiV~EEY EXA-ENSION: ~e following co~unication fro~ the CityI Planning Coz.~ission, with reference to extending Salem Avenue under the proposed Jefferson Street Grade Crossing Ell~ination Viaduct in order to connect with t~orfoll Avenue, was before Council: ~e Honorable H. L. l.febber, 1Myor, and 1,~e=bers of City Council, Roanoke~ Virginia. Gentlemen: A preliminary plan showing the proposed extension of Salem Avenue under the proposed new Viaduct over 2nd Street, S. E., a copy of which is attached hereto, has been submitted to the City Planning Co~-~lssion for consideration. The Co~flssion looks with favor on the proposed gxtenslon of Salem Avenue, between 1st Street and 3rd Street, S. E., under the 2nd Street Viaduct, in order to conr. ect with Norfolk Avenue, and recommends that the extension he =ade subject to prior approval hy the participating agencies. Respectfully sub.mAtted, (Signed) George Dunglinson, J~. On =orlon of Mr. Hanes, seconded by Mr. Young and unanimously adopted, the matter was referred to the City Attorney for preparation of the proper Ordinance in accordance with the reco,~endation of the City Planning TRAFFIC-Pb~C~ASE OF PHOPERTY: Council having previously declined to purchas property located on the west side of Main Street~ S. ~f.~ between Sherwood Avenue and Brandon Avenue, designated as Lots 10 and 11, Block 5, Barbour Heights [~p, the following co=~mica~ion fro~ the City Planning Co~ission, with further reference t~ the matter, u~s before the body: "Hay 10, 1954. The Honorable Ho L. Webber~ l/ayor, and Members of City Council, Roanoke, Virginia. 6entlemen~ ~he City Planning Co.~lssion, under date of l.~y 2, 1951, called Council attention to the hazardous traffic condition existing at the intersection 1.~ln Street and Brandon Avenue, S. W.. and recommended the acquisition of property for future street improvement. Council's attention is again called to this problem, and the need for changingthe grade of the street to improve the condition and permit better clearance. The City Planning Co~Ission recommends that City Council acquire Lots 10 and 11, Block 5, Barbour t!eights ~Mp, but more particularly Lot 11, for street improvement in the interest of the safety of the public. Respectfully submitted, (Signed) George Dunglinson, Jr. Chair,~mn." On motion of ~,M. Minton, seconded by lM. ~ldrop and unanimously adopted, was referred to the City Manager for presentation of a traffic study report and an engineering plan of what he proposes to do to correct the hazardous traffic condition existing at the ~ntersection. REPORTS OF O:~FIC~RS: BUDGE~-POLICE DEPARU~NT: i~.e City Manager submitted the following report, requesting authority to purchase an electrically operated speed ~tch for the purpose of checking speeders: "Roanoke, Virginia May 17, 1954 To The City Council Roanoke, Virginia / 1!e~bers of Council: There is incorporated in the budget for 1954 sufficient funds for traffic expenditures to meet our normal needs. ~e would llke authority to spend $450.00 for an electrical timing device. As me=bets of Council know, the recent ~eneral Assembly enacted appropriate legislation for scientific speed checks. The City Attorney has advised us that it would be entirely up to the local Judges for their interpretation of the law. 1're believe if it is acceptable to the State, it should be acceptable to the City. Respectfully sub.~tted, (Signed) Arthur S. Owens City Manager" 1M. Minton moved that the =atter be taken under advisement. The motion seconded by ~Ms. Pickett and unanimously adopted. ~'fATER DEPARTMENT: ~M. Young having previously brought to the attention of Council that ~.M.J.P. l,~orley, B325 Bandy Road, S. E., and eight other families in the i~mediate area, are now obtaining their umber supply from a privately owned water system located in the county, that it is contemplated the property on which the ~ater system is located w/ll be sold in the near future and the nine residents are fearful they will be ~ithout water, and the matter having been referred to the City Manager for study and report, he submitted the following report: "Roanoke, Virginia l~y 17, 1954 To The City Council Roanoke, Virginia Members of Council: The following letter and ~ap fro= the Water Department are concurred by me: 840 'May 7t 1954 TO: Arthur S, Owens FROM: 6. H. Ruston SUBJECTz Nine houses within the City receiving water from a private ' %~ter company along Bandy Roadt I am attaching herewith two copies of a map showing nine houses within the city linlts who are receiving water from a private %~ter system owned by Mr. B. ~. Scott~ who resides on the east side of Bandy Bead, beyond the corporate llnits. You will note that the nearest City ~rater main Is an 8" line at the intersection of ~bry Avenue and Nelms Bead, S. E. To serve the nine houses above mentioned would necessitate laying approximately 2100' of 8" main at a cost of approximately $8,000.00. Approximately ~of the mainwould have to be laid in Bandy Road, which ~s outside the corporate limits. You can readily see that It is uneconomical to spend this amount of ~oney to serve these nine houses, and as long as they are receiving sa~isfactory service fro~ the private company, ! believe it best that the City allow the private company ~o serve them. (Signed) G~LH' As long ss the nine citizens can secure ~ter from Mr. Scott, ! do not relieve we should expend $~,000.00 or ~hereabouts for the limited number of customers we ~ould gain. I would recommend holding in abeyance any ac~ion. Respectfully submitted, (Signed) Arthur S. O~ens City ~anager" ~. Youn~ ~oved that the matter ~e ~abled. ~ne ~o~lon v~s meconded by ~. ¥~ldrop and unanimously adopted. ~-~R DEPAR~T: P~rsuant to R~solu~Ion No. S~28, direc~in~ ~he City ~.~an~ger ~o present to Council any needs for equipment for the Water Depar~e~ in excess of $1,~DO.O0, he sub~itted ~itten repor~ that ~o of the ~ter Department cars need replacing and so reco~en~ed. ~.~. Min~on moved that Council concur in the recommendation of the City ~nager and that the ~t~er be referred to ~he Ci~y Attorney for preparation o£ the proper Resolu~ion for ~dop~ion a~ the nex~ regular ~ee~ing of the b~y. ~ne ~otion x~s seconded by Mr. l~:aldrop and u~ani~ously adopted. ~,~. Minton then moved ~hat consideration of amending Resolution No. S~28 ~n accordance ~ith a verbal request of the City Hamster to raise the amount to $~,000.00 be deferred for two wee~s. The ~o~ion ~s seconded by ~. Young and unani~ously adopted. REPORTS: ~e Clty Mana£er submitted ~itten reports from the Airport and the Bealth Department for ~he ~cnth of April, The reports were filed. CI~ PHYSICiAn: ~e C~ty ~anager suh~l~ed ~i~en repor~ fro~ the City Physician for the ~onth of April, i~SA~ sho~ing ~HO office calls, 70~ prescriptions filled and 2~S treatments given in the office, as compared with SBO office calls, ~7~ prescriptions filled and 1S2 treat~ent~ given In the officer or the ~onth of April, ~e repor~ ~s filed. CI~EJ~PLOYE~s: The City Man,get sub~it~ed Hr. ~mett H. Lee fro~ ~he S~reet Repair Department to the Bridge Repair Department effective !~y il, The report ~s filed. .! ~ATE~ DEPA~I%~NTS The City Manager having previously submitted ~Titten repo: t~t the c~ty no langer needs the ~er~etual easement acquired fro~ ~, ~e~y B, Boynton, 2651 Creston Avenue~ S. ~,~ for a water ~ln across his ~roperty~ nor does It need the perpetual easement acquired from }M. Boynton for the erection of an electric cable across his property~ and the City ~MnaEer hav~ng presented draft of an Ordl~nce prepared by the City Attorney authorizing the release of the easements and Co~cil having requested the City l,M~ger to ascertain what~ IF anything~ the city paid for the easements, he submitted ~ltten report that the city ~ld I.M. Boynton $60.~ for da~ges to his property In co~ection ~lth the ~ter m~in and $125.~ for da~ges to his property In co~ection with the electric cable. After a discussion of the ~tter, ~. Hanes moved t~t the following Ordtna he placed upon its first reading. ~e motion %~s seconded by Fm. Hinton and adopte~ by the following vote: A~S: Council members Hanes, Minton, Pickett, Woody, Young, and the Preside~ ~.~. Webber ...................... NAYS: ~.~. Waldrop ....... 1. (~121~2) ~: ORDINANCE authorizing the release of certain easements heretofo~ acquired by the City from Henry B. Boynton, et al., over certain property situate on the north side of Creston Avenue, S. %'2~qKAS~ by deed dated October S1, 19SS, of record in the Clerk's Office of the Circuit Court for Roanoke Cowry, Virg~n~a~ in Deed Book 259, page 12~, He~y B Boynton, et ux, etal., conveyed to the CI~ OF ROANO~ a perpetual easement for a water ~In over and across a certain tract or parcel of land then situate in Roanok~ County but subsequently annexed to the City of Roanoke, which s~d land is note particularly described in the deed aforesaid, and %-~S~ subsequently, by deed dated June 29, 19S9, of record in the afore- said Clerk's Office in Deed Book 268, page SO8, the said Henry B. Boynton~ et ux~ further convey?d to the CI~ OF ROANO~ an addlt~onal perpetual easement for the erection of an electric cable within the aforesaid right-of-%~y, and %5~R~S~ since the City's construction of a water main and an electrAc cabl( pursuant to its rights acquired by the aforesaid deeds of easement, certain changes in the streets have been ~de within the v~cinity of said land and the City has now installed in the public streets of said area certain additional %.~ter rmins and other fixtures which make the use of its %~ter rmin and electric cable theretofore installed within the aforesaid rlght-of-%~y no longer necessary or desirable and, co~equently, the ~ter ~in and electric cable heretofore installed and operated by the City~der its easement rights aforesaid have been abandoned and will no lon he necessary for the proper opsration of the City's public water system, and %~S, the City Manager and the ~nager of the C~ty's Water Department ha each recommended to the Council that the perpetual r~ghts acquired by the City from He~y B. Boynton, et ux~ et al., hy the aforesaid deeds of October S1, 19S8, and June 29, 19~9, be released. ~FO~, BE Ir ORDAIneD by the Co~cll of the City of Roanoke that the proper City Officials he, and they are hereby, authorized and directed, for and on be~lf of the City, upon the presentation by He~y B. Boynton of a proper deed of release upon such form as is approved by the City Attorney or the Assist~t C~ty Attorney, releasing to the said Boynton, his heirs or assigns, those certain per- petual easements heretofore acquired by the City of Roanoke from the said He~y B. 341 342 Boynton, et alo~ under and by virtue of two (2) certain deeds of easement, the firs[ being under date of October 31, 1938, and the second being under date of Jtme 1939, and being of record In the Clerk's Office of the Circuit Court for Roanoke County, Virginia, in Deed Book 259, page 123, and Deed Book 265, page 308, respec- tively, to execute the sa~e in their respective capacities, thereafter said deed of release to be delivered to the said tlenry B, Boynton, or to the grantee named therel The Ordinance having been read, ~s laid over. SE~,~R ASSESS}~Nr: The request of }M. John Prusak that a Sewer ~ssessnent in the amount of $73.R3~ with interest from October 1, 1953, standing against property described as Lot 2, Block 4, Section 2, South ~shington Heights ~p, In the hanes io£ John and Katherine Prusak, be released, in that in his opinion the assessment ~s erroneously assessed in the name of Samuel W. Penley, et al., having keen referred to the City Attorney for investigation and report~ he sut~ftted the followJ report: "May 14, 1954 IN RE: Request of John Prusak for release of sewer assessment on Lot 2, Block 4, Section 2, South Washington Heights Map. To the Council of the City of Roanoke. Gentlemen: The ahove-~entioned request ~.ns heretofore referred to this office for investigation and report. An investigation of the ~mtter reveals the following: ?nat the lot in question was o%~ed by one S~uel ~.~. Penley, et al, upon its annexation to the City as of January 1, 1~9~ and that by a deed properly recorded in the Clerk's Office of the Hustings Court of the City Roanoke on }[ay 2S~ 1949, the said Samuel %~. Penley~ et al., conveyed the lot to one Paul La Pradd. By nesne conveyances, John and Katherine Prusak became the o%~ers Of said property by deed recorded on July 14, 1982. ?ne sewer assessment in question originated on July 11, 1949, by Resolution No. 10080, which authorized the construction of a sanitary sewer in the So~th ~.%shington Heights section on an assessment Easis and, consis- te~t with that resolution, an estimated assessment and notice of lien docketed on July 2S~ 1949, in Judgment Lien Docket 18~ page 2G2~ purporting to affect Lot 2, Block 4, Section 2, South ~ashin~ton ~efghtsMap, in the name of Samuel ¥~. Penley. It will be noted that as of tko docketing of the estirmted assessment, Samuel V. Penley~ et al., were no longer the o%~ers of the lot in question~ it havlng been theretofore conveyed by deed recorded o~ May 2G, 1949. Later, by Resolution No. 11909, passed on August 10, 19SS, final assessments were made on the property in question, again showing the o%~er- ship of Lot 2, Block ~, Section 2, South Uashlngton Itelghts }.[ap~ to be in the name of Samuel W. Penley~ et al.~ although on that date I.M. and ~Ms. Prusak had become the record owners of said lot. The reason for the error in originally assessing the lot in the name of Penley, rather than La Pradd, is easily discernible in view of the large number of conveyances kc!rig recorded in the Clerk's Office at about that time and the resulting lag, or time interval, occurring between the recorda- tion of a deed and the transmittal of such information to the off~ce of the Co~ulssioner o£ Revenue for entry upon hie land hooks. However, it is the opinion of this Office that the assessment on subject lot, as made in the na~e Of Samuel ~. Penley~ et al., %~s~ nevertheless, obviously erroenous and did not constitute a lien on said lot in the name of its actual owner, at that tine one Paul La Pradd. As this office has advised Council on prior occasions In similar matter we do not believe that Council is the proper body to whom applications for the correction of erroneous assessments should be made inasmuch as the statutes provide simple and adequate means by which a taxpayer or property o%~er may secure such correction either by application to the Co~missloner of Revenue in certain instances or~ in all instances, to a court of record provided such applications be timely made. We ass~ue that F~. Prusak's attorney is equally familiar with the statutory provisions above referred to If such a proceeding were brought by the landowner, as presently advised, this office would have no alternative but to admit the error of assessment al further, admit that the same constitutes no llen against the lot presently owned by ~. P~asak. l;hile, as above stated, we are of opinion that the Council is not the proper form~ before whom such matters should te brought for correction, Sections 88~115S through $8-1187 of the Code of Virginia enable any officer charged by law with the duty of assessing taxes or levies upon land~ or any officer upon whose report such assessment is ~ade~ to apply to any court of record of the City for the correction of any error in assessment if such officer be satisfied that such assessment is in fact~ erroneous and that the error vas caused by ~lstake, provided the application to such court be made within one year from the 31st day of D~cember of the year in which assessment ~ras ~adeo In the instant case, by Resolution Nco 11773 passed on the 1Sth day of April, 1953, a board consisting of the Director of Public Works, the City ~anager, the City Engineer and the City Clerk ~as appointed for the purpose of working up the amount of the final assessment to be made in connection with the project in question. That hoard, or any member of it, if satisfied that an error ~s ~ade in connection with the assessment, as it relates to the property now o~med by Mr. Prusak, is clothed with the power, if not charged with the duty, of taking the steps prescribed in the statutes above-mentioned to correct the error in question. It goes without saying that this office will be pleased to co-operate with the members or any member of said board in handling the legal phases connected with such a proceeding, if this office be so requested. Respectfully submitted, (Signed) Ran G. ~lttle City Attorney." ]~. Young moved that the m~atter be referred back to the City Attorney to confer with the members of tke Board making the Se~er Assessment and to initiate and prosecute the necessary action to have the assessment released through proper court channels. DLe motion %~s seconded by l~. 1~oody and unanimously adopted. CL~I~-~-~'~i~R DEPAR~.~NT: Council having previously denied the request of }~r. J. ?. Engleby, Jr.~ Attorney, representing I.~. James Leonard Signon, that the city waive any claim by virtue Of subrogation rights for recovery of the meager %~ges paid him as %mrkmen's compensation and the hospital bills paid by the city as result of injuries sustained by ~M. Signori in an accident, the following report from the Assistant City Attorney, with reference to the matter, was before the body: "~m[ay 14, IN RE: Claim for reimbursement of !~'orkmen'a ConDensation payments and cost of hospitalization and medical treatment of James Leonard Slgmon. ?o the Council of the City of Roanoke. Gentlemen: This office is pleased to advise you that the City's claim for rein- bursement of the amounts heretofore paid to Janes Leonard Signori as WorP~.en'~ Compensation and of the amounts of said employee's hospitalization and medlc~l treatment as a result of an accident occurring on or about August 22. 19SS, amounting in the aggregate to $1,024.60, has been collected by the City out of the proceeds of a settlement made between the City's injured employee and the insurance carrier of the person causing said Injuries. The amount thus recovered has been reported and paid by this office to the City Treasurer and will be credited to the City's General Fumd. Respectfully submitted, (Signed) J. N. Kincenon Assistant City Attorney." ~.~. Hanes moved that the report be filed. The motion %,~s seconded by Mr. Young and unanimously adopted. REPOBTS OF C0~.~.~ITTEES: APJ[0RY-MILITAHY COMPANIES: Council having previously appointed a Natlonal Armory Steering Co~ittee to endeavor to obtain an allocation of Federal and/ol ~tate funds to the City of Roanoke to be used to%~rd the construction of an Armory, co~mittee submitted the following report: "Hay 11, 1954 ~E HONORABLE ~ COL~CIL OF ~E CITY OF ROAN0k~: Gentlemen: The undersigned National Guard Armory Steering Committee, appointed by Resolution No. 11~6, has carefully studied the plans and speclflcations for the five-unit National Guard Armory, prepared by Ballou & Justice, Archttect~ Engineers, of Ric~mond, Virginia, hearing date February 1S~ 19.54, Co~.~. ~S17, proposed to be erected on ~[aher Field, in the City of Roanoke, Virginl~ 844 ~.~ile each individual member of the co~ttee ~ould like to see certail minor alterations or additions made in the plans and specifications, your co:mittee, nevertheless, is off the opinion that if the Armory is built in accordance with the a~ove plans and specifications the Virginia National Guard will have a creditable and thoroughly adequate bulldin§ for its local purposes. Your committeej therefore, recommends that Council approve said plans and specifications. · Respectfully submitted, {Signed) %!alter L. Youn~ ~alter L, Young {Sl~ned) Arthur S. O~ens Arthur S. Owens {Signed) H. Cletus Broyles tI. Cletus Broyles {Signed) Samuel J. Light Samuel J. Light (Sifned) Roy L. %.fehtor Boy L. ~e~er, Chairman" Mr. Young moved that Council concur in the recor~mendation of the committee and offered the following Resolution: (~i~lSS) A RESOLUYION approving the plans and specifications for the five- unit National Guard Armory, proposed to ~e erected on Maher Field, in the City of Roanoke, Virginia. (For full text of Resolution, see Ordinance Book No. 20, Page 184.) }ir. Young moved the adoption of the Resolution. The motion %~s seconded ~-~. Waldrop and adopted ~y the follo~ing vote: A%~S: Co,dnc~ members Hanes~ Hlnton, Pickett, %faldrop, %~odyj Young, and the President, !-~. %~bher .......... 7. NAYS: None ............. O. PARKS AND PLAYGROLq~DS: Council having referred the hid of Hy-Po%:er Vle~Inf Corporation, Darien, Connecticut, for furnishing coin operated vie%~ng machines for Mill l.!ountain to a comnlttee for study~ report and recomzendation~ ~lth a view of )urchasinE the machines outright rather than rentin~ then for a year ~efore purchas- in[ them, the committee su~mitted written report that the Hy-Power Vle~in~ tion is %'fllinE to sell the machines outright at $1~S75.00 FOB, Darien, Connecticut for each machine, and recommended that the bid be accepted. It appearing that the acceptance of a bid under $5,000.00 does not require official action by Council, but that it will be necessary to appropriate funds for the purchase of the machines~ ~. Minton offered the following emergency Ordinance~ appropriating the total sum of $~,850.00 to cover the purchase of two of the viewin machines at a cost per machine of $1,S75.00 FOB~ Darien, Connecticut, plus $100.00 transportation cost from Darien t6 Roanoke: (~1~124) A_N ORDINANCE to amend and reordain Section #143~ "Departmental Equipment and Improvements", of the 1954 Appropriation Ordinance~ and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. ~0, Page ~. Minton moved the adoption of the Ordinance. The motion %~s seconded hy Mr. Hanes and adopted by the following vote: AYES: Council members Hanes, Mlnton~ Pickett, %faldrop, ~oody, Young, and the President~ ~-~. ':;ebker ............. ?. NAYS: None ................ O. UA~FINISHED BUSI~ESS: None. CONSIDERATION OF CLAII.~: None. IN~RODUCIION AND CONSIDF~ATION OF ORDINANCES AND RESOLUIIONS~ GRADE CROSSINGS-ALLEYS~ Ordinance No, 12130, establish~'ng a public alley between First Street, S. E., and Second Street, S. E., leading from Norfolk Avenue in a southerly direction, as previously agreed upon in the acquisition Of certain land from P~r. N. D. Malouf for the Jefferson Street Grade Crossing Elimination Viaduct and Project, having previously been before Council for its first reading, read and laid over, was again before the body, Mrs. Pickett offerlng the following for its second reading and flnal adoption~: (~12130) AN ORDINAS:CE establishing a public alley between First and Second Streets, S. E., leading from Norfolk Avenue, In a southerly direction, under the proposed Jefferson Street Grade Crossing Elimination Viaduct and traversing the rlght of ~ay thereof. (For full text of Ordinance, see Ordinance Book No. 20, Page 182.) Mrs. Pickett moved the adoption of the Ordinance. The motion ~s seconded by Mr. Young and adopted by the following vote: Atq~S.' Council members Hanes, Minton, Pickett, ~-faldrop, :'reedy, Young, and th. President, Mr. Webber ............. 7. NAYS: None ................ O. ~'~L~F~ FIELD: The City Attorney having been instructed to prepare the pro,er Resolution, providln~ for the razlng of the grandstand, as ~:ell as the wooden sectic In the baseball park at Hater Field, presented same; whereupon, !Ir. Young offered the following: (#121~5) A RESOLUTION authorizing and directing the City Manager to cause the wooden structures, consisting of the first and third base bleachers and the covered grandstand, in the baseball park in ~mher Field to be demolished; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. ~0, Page 1~.) Mr. Young moved ~ adoption of the Beso~ution. The motion ~*as seconded by Mr. Hinton and adopted by the following vote: AI~S: Council members Hanes, Minton, Pickett, Waldrop, Uoody, Young~ and the President, Mr. ~,~ebber ........... NAYS: None .................. O. AIRPORT: The City Attorney having been instructed to prepare the proper Ordinance, providing for the rental of certain space in the Airport Terminal Bulldi~ to Mr. George H. ~.~son, presented sane; whereupon, Mr. ~':oody moved that the follo'~z- lng Ordinance be placed upon its first reading. The motion ~-.ns seconded by ~. Han( and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, ~':aldrop, !.~oody, Young, and th~ President, Kr. Webber .............. 7. NAYS: None ................. O. (#12136) AN ORDINANCE authorizing and directing the proper City officials to execute, for and on behalf of the City, a lease %zlth George H. ~.~son, leasing certain space in the New Airport Terninel Building on a month-to-neath basis. %..~3-J~EAS, George H. Mason has made application to rent certain space in the Airport Terninal Building, which application has been approved by the Airport Manager and also by the City Manager. THEREFORE, BE IT ORDAI~ED by the Council of the City of Roanoke, Virginia, that the City Manager and the City Clerk be, and they are hereby, authorized and directed to execute: for and on behalf of the Cltyt a lease with George H. ~ason, leasing tmto the said George Ho I~son space Nco 2t consisting of 165 square feet on the second floor and also approxl~mtely ~ square feet of ~asement storage space in the New Airport Terminal Bulldin~ on a month-to-month Imsis, receiving therefor rent at $2o00 per square foot fore-pace No° 2 and $1°00 per square foot for storage space In the ~sementt each per ann~; and upon such other terms and conditions as the City Manager may deem requisite~ to ke used by the said lessee in the conduct of his business of selling aviation books, accessories: etc. The Ordinance having keen read, u~s laid over. M~gr3~ FIELD: The City Attorney having been instructed to prepare the proper iOrdinance, amending and reardainlng the ~.~nicipal Stadi~ and Athletic Field Rental iOrdinance to reduce rental charges for certain uses at Maher Field, and the City Attorney having also been instructed to prepare the proper Ordinance prohibiting stock car racing at 2~her Field~ he presented a complete revision of the ~-~nicipal Stadium and Athletic Field Rental Ordinance incorporating both of the above feature: whereupon, 1.M. Woody offered the follo~ing as an er~rgency measure effective Hay 1, (#121~7) AN ORDINANCE establishing a schedule of rental charges for the use of the l.~nicipal Stadium and Athletic Field, Roanoke, Virginia; establishing certain rules and regulations for the use thereof; repealing Ordinance No. llF~S, adopted on the 25th day of l~ay, 1953, as amended by Ordinance No. 12084, adopted on the 2Srd day of February, 1954; and providing for an emergency. (For full text of Ordlnance~ see Ordir~nce Book No. 20~ Page 186.) lit. Woody moved the adoption of the Ordinance. The motion %~s seconded by Mr. %faldrop and adopted by the following vote: AYES: Council zembers Hanes, Hlnton, Pickett, ~'aldrop, Woodyt Young~ and the President, Mr. ~bber ............ 7. NAYS: None ................... O. GRADE CROSSINGS: The City Attorney submitted the following draft of contract between the Norfolk and ~:festern Rail%~y Company, party of the first part, and the City of Roanoke, party of the second par% ~ith reference to the Jefferson Street Grade Crossing Elimination Viaduct and Project: "THIS CONi~RAC?, made and entered into this the Third day of l~y, Nineteen Hundred Fifty-Four, by and between the NORFOLK AND %..~STEBN RAILWAY COMPANY~ hereinafter sometlnes referred to as the Rail%ny Company, party of the first part, and the CITY OF ROANOKE~ a municipal corporation organized and existing under the laws of the Co~onwealth of Virginia, hereinafter sometimes referred to as The City, party of the second par~ W I T N E S S E T H : THAT, %5~--JlEAS~ the Commonwealth of Virginia, the City and the Rail%my Company, have solemuly contracted to cause to be erected, in the City, a bridge over and a walk%~y under the Ratl%my Company's tracks, %~ich project is frequently referred to as the Jefferson Street Grade Crossing Elimination Viaduct and Project; and %?HEREAS, the Railway Company is the o%rner of real estate, located withi the City, on the south side of Shenandoah Avenue, N. E., upon which is situated a building locally known as the R il%my Company s Co~mlssary, and while no portion of said real estate is needed for rights of %~y for the aforesaid project the street grade contiguous thereto will he elevated, necessitating certain alterations to said building; and %5~R~L~S~ the parties hereto have agreed to amicably settle all claims for darmge resulting to the Rail~ay Company's aforesaid real estate arising out of the construction, maintenance and operation of the aforesaid project and %ZriEREAS, at the direction of the parties hereto Wells & Meagher, Architects and Engineers, have carefully studied the plans and specificatfol of the aforesaid Viaduct and Project, the effects the construction, maintena and operation thereo~ will have upon the above-described real estate of the Railvay Company and its other real estate ad~oining the same~ and have prepared plans and specifications for the reconditioning of said real estat, and the hulldin~ located thereon so that, if and when the ~ork, alterations and additions provided for in said last-mentioned plans and specifications have teen perforned, uses may he made of said real estate, acceptable to th, Ball~ay Company, after the aforesaid Viaduct and Project shall have teen completed; which said plans and specifications, bearing date April 12, 1954 have been approved by the City Engineer, the Chief Engineer of the Railway Company and the Urban Engineer of the Department of Hlgh%mys of the Co.non- wealth of ¥irginia~ as is evidenced by their signatures affixed thereto, which said plans and specifications are on file in the Office of the City Engineer, and are~ by this reference, made a part of this contract; NOW. ~P~EFOtLE. in consideration of the premises and of the undertakir hereinafter set forth and agreed to~ the parties hereto covenant and agree as follo~s: 1. ~e City covenants and agrees to cause the ~rk~ alterations and additions to he performed on the Rall~my Company's real estate located on the south side of Shenandoah Avenue, N. E.~ in the City of Roanoke~ upon which is situated a building locally kno~ as the Norfolk & %~stern Company's Commissary and Company's real estate adjoining the sane~ as sho~m on the above-described plans and specifications, dated April 12, 1054, prepared by ~fe!ls & Mea~her, Architects and Engineers, the same to ~e r~de a part of the over-all Jefferson Street Grade Crossing Elimination Viaduct and Project and to be performed ky the successful bidder for the construc- tion thereof in accordance with the aforesaid Architects' plans and specifi cations, the costs of the performance thereof to constitute a part of the over-all costs of said Viaduct and Project. 2. The Railway Company covenants and agrees to release the City and successors of and from any and all darmge to i~s aforesaid real estate resulting from the performance c~ the aforesaid work, alterations and additions in accordance with the aforesaid plans and specdficatlons, and thereafter from the operation and non-negligent maintenance of Shenandoah Avenue, as elevated in accordance with the Viaduct and Project plans. ~I~:ESS the following slgnatur~ and seals, this the day, month and yea: first above ~ritten. NORFOLK AND %~STERN RAILWAY COMPANY ATrEST: By Vice-President Secretary ATTEST: CI~f OF ROANOE~ By Mayor City Clerk" After the reading of the contract, I~. !body offered the following ~mergency Ordinance condltionally authorizing the execution of sar. e: (#1~128) AN ORDINANCE conditionally authorizing the execution of a contract. for and on behalf of the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 1SS.) ~. %body moved the adoption of the Ordinance. ~e motion was seconded by !Mr. Hanes and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop and Woody ....... S. NAYS: The President, ~M. ~%bher ......... 1. (Mr. Young not voting) CHESAPEAKE A~CD POTOMAC TELEPHO~ COMPANY-LEAGUE OF VIRGINIA ~ICIPALITIES: The City Attorney having heenrequested top. spare a Resolution, authorizing him to appear in Rlck~ond~ Virginia, before the State Corporation Cor~ission, on ~y 25, 1954, to oppose any increase in telephone rates at this time that are not absolut necessary to malntsin satisfactory telephone service, as a result of an applicatio~ of the-Chesapeake and Potomac Telephone Company of Virginia to the State Cot Co~uission for an increase in telephone rates, presented same; whereupon, Mr. offered the following: (~1~t29) A RESOLUTION directing the City Attorney to oppose, within defined limits, the granting of approval of certain schedules of rates, charges, rules and regulations, for the Chesapeake & Potomac Telephone Company of Virginia, presently pending b~fore the State Corporation Cor.~ission, Case No. 12072. (For full text of Resolution, see Ordinance Book No. 20, Page 189.) .847 345 Mr, %~oody moved the adoption of the Resolution. The notion vas seconded Rt. %.'aldropo At this point, }ir. Hlnton offered a su~stitute notion to Join ~ other cities ~der the auspices of the Lea~e of Virginia ~lcipallties In opposing this rate increase and to sh~re In the cos~ thereof on a pro rata ~51~. ~e ~otion failed fo~ l~ck or a secondI ~ereupon~ Resolution No. ll1~9 ~'as adopted ~y the follo~ln[ votel t~ Co~il ~en~ers ~nes, Mtnton~ Plcke~t~ ~'alflrop~ llo~y~ Young, and ~he President, t~. Ve~ber ........... NAYSI None .................. O. EO~ONS AND HISCEL~OU~ ~s~ 1~. 1-~aldrop brou~h~ to the a~ten~ion or Coacil and the Cit~ the proSlen of do[s r~t~ a~ l~r[e and suave:ted tha~ a study ~e ~de method or handlln~ the situation and that ~he City l~na[er present a recommendation ~o ~he k~y rot consideration durtn[ 1955 hud[e~ I.IL~IClFAL COL~ ROOM: ~e City Mann[er asked Co,oil to co~ider air c~ndltionin[ ~he lIunicipal Cour~ Rooa ou~ of ~he ~exFended ~alance of appropriated For re~oflelin~ the Cl~cui~ Court Room~ s~a~in[ ~hat 5he co~ ~ould a~roxl~ely ~1~590.00 and tha~ this much could ~e saved ou~ of the Clrcul~ Cou~ Room On no,ion or !.ir. ~.;oody~ seconded ~ 1.~. itanes and ~naninously ad~p~ed~ ~he Ci~y liana[er ~s directed ~o presen~ a detailed Flan and estlaa~e of cos~ for air condi~ionin~ ~he llunlcf~al Cou~ Roo~. There being no further business~Councll adjourned. APPROVED President :! 349 CO~.q;CIL~ REG[rLAR I~'ETINGt l:onday~ l~ay 24, 1964. The Council of the City of Roanoke net in regular meeting in the h~.nicipal Court Room in the h~unicipal Building, Monday, l'[ay 24, 1954~ at 2:00 o'clock, p. the regular meeting hour, with the President, l~r. ~Yebber, presiding. PRESF~T: Council me.~bers t~nes, Minton, Pickett, Waldrop, Voody, young, and the President, :.~r. Vebber ............ ?. ABSENt: None .................. O. OFFICF. RS PRES~?.- Hr. Arthur S. Owens, City Haneger, and Mr. Randolph G. %~lttle, City Attorney. · ~ne .meeting %*as opened with a prayer by the Reverend A. S. Hoore£1eld, Pastor of the Second Wesleyan Methodist Church. MIh'Ui~S: Copy of the minutes of the regular .~eeting held on Monday, ~y 10 19[.~, havln~ been £urnished each member of Council, upon notion of ~:r. Minton, seconded by ~.~rs. Pickett and unanimously adopted, the reading %~s dispensed with and the minutes approved as recorded. At this point, the President, L'r. Vebber, recognized and welcomed a group of students from Virginia Polytechnic Institute who ~:ere present to observe the proceedings of Co~mcll. ;~lso present at the neeting~ was Mr..'~. Carl Andre,~s, Editor of tho Roanoke ~'orld-:~ews, %rue introduced !4r. Earl Harmer, script ~,Titer with the Rational Broad- casting Company, who has been assigned to %,Tite the script for the "Citizens At ~::ork" program featuring the City of Roanoke as one of the ten nest progressive cities in the nation on a nation-wide broadcast June 27, 19S~t. · ~h.e President, !~. ~'~ebber, welcomed ~. Harmer and aesured him of the cooperation of the city in connection with the preparation of the script. P~ARIEG OF CIklZENS UPON PL~LIC ~'~i~RS: UATER DEPARTT~NT: Hr. Clifton A.~Joodrun, Jr., Attorney, repreeentinE C. V. Francis, Jr., having dropped a previous request that the city extend a voter m~in to the end of Pea~.ood Drive in the Prospect Hills section in connection ~ith tho subdivision of the area and that Mr. Francis be pernitted to pay for the ~ain on the basis of a 2-inch r~in as he has done in the pest for the existing portion of water main in Peak~*ood Drive, representing phase three of the overall plan, and ~4r. Woodrun having asked Council to adopt an Ordinance, providing for the construction of a p~nptng station in the vicinity of the intersection of Peak~ood Drive and F. xeter Street and the installation of a pump therein at the entire expense of the city, in exchange for the conveyance of a site for the pu=plni station and an easement fro~ Somerset Street to the site of the pumping station by ~. Francis, as agreed to by a previous Council, in order to co~plete phase t~-o of the overall plan, and Council having asked ~. Voodru_n to put his proposal into ~'iting, he appeared before the body and presented the following communication: "May 11, 1954 Hr. Maston K. Moornan Clerk, City of Roanoke Hunicipal Building Roanoke, Virginia ]~v dear Mr. Hoorman: ~i"nls will supersede my letter of ~rch ~, 19~, relating to the extension of water mains tn Prospect Hills. Negotiations relating to this extension have extended over a period of several years. Both Itro Francis and I feel that these past negotiations should be ~riefly reviewed for the ~enefit of the Council, At a meeting of Council held on January 30t 1950 (Journal Volume 23, pa~e 54), the City Banager submitted a letter fram }~ro Francis aireeing to donate land for a booster pu.~ping station~ for a tank site and easements thereto~ and to pay for a two-inch rater main from the end of the existing ~ain to a point opposite Lot 12~ Block K. According to the minutes, the City }~nager stated that he felt }~r. Francis should also pay for the cost of a booster pu.~p~ whereas ~tr. Francis~ who vas present at the neetin~ took tRe position that he did not feel that he should be called upon to bear the cost of such pump or a building to house the sa.~e in view of his agreement to pay for the cost of a two-inch main and to donate the accesser land. The minutes reflect that after a discussion of the matter~ Mr. Hunts moved that Council accept the offer of l.[r. Francis and offered ~esolutlon ~o. 10371%'hieh was passed by a vote of B to O. This resolution provides in pertinent fart= 'BE I? RESOL%~D * * that the ~:anager of the %later Department * is hereby, authorized and directed to install a booster p,m~p on property to be donated to the City * * by C. %,'. Francis * * provided the sald C. %:. Francis pays the costs of the installation of a inch main * · to the southerr-nost part of Lot 1~ Block K * *." Subsequently~ at a meeting keld on l~rch 1SD 1950 (Journal Volume page 145)~ the City ~:anaEer submitted a %r~!tten report that he had been informed by the lMnager of the %:abet Department that it would ~e impossible to install the booster pu~np at the new location as contemplated in Resolutie ];o. 10371 and sufzested ' * * that tko present pump located on Peakwood Drive Just off of Somerset Road be replaced until such time as a ne%' reserve level is established to South Roanoke, at ~,hich tine the new booster D~L~DIR~ station at Fea'_~ood Drive and Exeter Street could he constructed and ~ n-~ fire flo,...'.---D~'~r installed therein * *'-~emphasle sup~lied). At tkls meeting Resolution ~:o. 1C~145 %rcs adopted by a vote of 5 to O. · ~.'lis resolution repealed Resolution i:o. 10271 and substituted therefor one embodying the recommendations of the City ~:anacer that a ne,~' pump he installed in the th~n existing booster station conditioned upon the donatiou by I[r. Francis of the site for a future booster station and the payment of the installation of a t~zo-inch ~aln. The City has been reimbursed for the cost of the installation of a bt:o-inch main as provided in each of the resolutions referred to and it is my understanding that the ne%: reservoir levellms been established. The conveyance of the site of land for the proposed new pumping station has been delayed pendinf an agreement as to the exact site :..'here such station should Le located. As soon as ~. Francis is advised of the desires of the Uater Departm, ent in this respect~ he is prepared to proceed %zith the con- veyance of such land by a deed satisfactory to the City Attorney. Insofar as I h~ve been able to determine~ tkere is nothing in any of the correspondence, minutes or resolutions %zhich evidences any intention other than throb upon the fulfillment of the conditions imposed upon I~r. Francis the City x:ould proceed %,zith the construction of a booster station and installation of a ptnmp at its o%~ expense. In vie%¢ of the ~nut~s of the t%zo meetings of C~ty C~cil above referred to and of the resolutions adopted p~suant thereto~ %'e request the City, upon tko receiut of tile deed conveying the site in questicn~ or a site suitable to the %f~ter Department~ to proceed %'ith the construction of a booster station thereupon and the installation of a ~ooster pump. ~:r. Francis ~n turn agrees~ in accordance %.:ith the rules of the Department~ to reimburse the City fo~ the cost of an e~ght-inch main from a point opposite Lot 1~ Block K to tko end of Pea~:ood Drive and for any additional installation costs ,~zhich nfEht ~e occasioned by the removal of the site of the station to a substitute acceptable to the %%ter Department and to convey to the City %zithout cost a right-of-%.ny or easement from Spmerset Street to the site of the booster station, It is my opinion that %~hat is no%z requested is merely %;hat the City Co~.c~l on bt.fo previous occasions indicated its %zill~n[ness and intention to do. Very truly yours UOODRL~{~ STAPES AND G~GORY (S~gned) Clifton A. %foodrun, Jr. Clifton A. Uoodr~n~ Jr." After a discussion of the ~tter~ ~. Yegg offered the follo~.z~ng emergency )rdlnance %~lth the coD=meat that it is not the intent of this Co~cil to establish precedent ~y the adoption of said Ordinance, but that rather the purpose of the resellt Co,oil in adopting the Ordinance is to carry out a moral obli[ation ~mposed ]pon It by a previous Co~,c[1 ~n the adoption of Resolution i~o. !~5: (~12140) ~N ORDINAb'CE authorizing the ~mnager of the Water Department to construct a pumping station in the vicinity of the intersection of Peakwood Drive and Exeter Street and to Install therein a pu.~p of adequate capacity upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 191.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. ]~'inton and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, %:aldrop, Woody, Young, and th, President, Mr. Webber ........... 7. NAYS: None .............. O. PETITIONS AND CO!.~.%q'~ICATIO]~S: SC.qOOL BO~%RD: A co~-.ur, ication from ]tr. LeBoy H. Smlth~ Chairr~n of the Roanoke Clty School Board, advisin5 that it is necessary that he devote his full time and energy to business problems and asking that Council accept his resignation from the School Board effective June ~0, 19~i, %ms before the body. fda. ~oody moved that the resignation be accepted, with regret, and that the City Clerk for%;ard I~. Snlbh a Certificate of ~ert% for the service he has rendered. The motion %.ns seconded by Hr. ~:aldrop ~nd uuanimously adopted. LICE~SE ?~ CODE: A comnunicatlon from ~. Joh~y H. Johnson, City TreasureI and forner License Inspector~ advising that now tkat he has keen elected to an office %'hick makes his duties administrative ke wishes to be relieved from serving any furthe~ as a member of the L~cense Tax Code Study Co~ulttee~ %'as before Council On motion of ~. %!aldrop~ seconded by ~trs. Pickett and unanimously adopted~ the matter was tabled until a suitable replacement can he found for ~Ir. Jol~son. ~[ORY-IIILITtRY COiIPANI~:. Co, oil at its last regular meeting having approved tke plans and specifications for the five-unit ~lat~onal Guard Armory proposed to be erected on l.~her Field in the City of Roanoke~ a cor.n~nlcatlon from I'iells and ~[eagher~ ;~chitects~ Roanoke, Vlrginia~ advising that they %1:ould he very much interested in handling the architectural supervision for the ne%.; Armory at whatever bad been agreed upon by the city authorit~es~ %~s before the body. On motion of ~.~. ~[inton, seconded by ~. i~nes and ~aninously adopted, the co~ication ,~s referred to :[ajor General 5. Gardner %laller, Adjutant General of Virgi~a. DEP~.~NT OF PUBLIC l'IO~: Co,oil under date of ~farch 22, 19~, having rejected all bids received on one tractor for street construction and hav~ng direct, the ~chasi~ Agent to ask for new bids, and the body ~der date of April 2G~ 19~ having authorized the purchase of the tractor from Rlsh Equipment Company, a co~ication from Carter-Machinery Company~ Incorporated~ registering a protest as to the proced~e followed ~n purchasing the tractor~ %;as before the body. On motion of }~. l~nes, seconded by ]~. ~hldrop and ~animously adopted, co~u~icatAon %~s referred to the City 2[anager~ the ~chasing Agent, the Director of ~hlic %.Iorks and the City Attorney for study and report to Co, oil as to the procedure follo%~ed in preparing the plans and specifications ~d securing bids on the tractor. SCHOOLS: A co~ication from ~.~. Luther E. Terry, asking that baseball backstops be erected at both Huff ~ne School and Preston Park School, %'as before Co,oil. .351 :352 On motion of Mr. Minton, seconded by t.M, Waldrop and un~nimously adopted, the co~unication v~s referred to the City Marmger to discuss with the Superintenden ef Schools and the Director Of l~rks and Recreation and to take such action as available funds per.it, SOU2~AST CIVIC LEAOUE-PARE~ AND P~YGRO~ Co~cil having previously referred the request of the Southeast Civic League t~t needed inprove~nts te to Fallon P~rk and ~ckson Park to 19~ budget study~ a co~lc~tion from ~M. U, F, ~rton, Sr., President of the Southeast Civic League~ advising that it appears no ~ds ~re included tn the 19~ budget for this purpose, ~s before the body. On notion of lit. Yo~g, seconded by ~-M. Hanes and ~aninously adopted, the or.~ic~tion %~s referred to the City I~ger for investigation and report to Counc ~fILDWOOD CIVIC ~AGb~-P~ AND p~YGROUNDS: Co~cll having prevt~sly eferred a co=~nicatfon from the ~ld~,'ood Civlc League, requestin~ use of the old .esldence on the Taze~ell Horgan Heirs property as a meeting place, to the City [an~er for disposition, a cor~nication from the ~lldvood Civic League, advising that it Is their understanding the city does not think it advisable to fix up the residence and askin~ that the city construct a cinder block building For a meeting place, ~as before the body, the co~n~tcatlon also p~intin~ out that sa~er facfliti~ and ~.~ter fountains are going to be required before the park can be used to any advantage. On notion of Hr. Hanes, seconded by Hrs. Pickett and unanimously adopted, the con. nunication was referred to the City ~:anazer for consideration. ACADE~ OF ~SIC: Co~cll having previously taken under advisement and .study the report of the Joint Audltori~ Committee appointed to consider the construction of a suitable auditorium to replace the Academy of i~usfc Bullding~ a communication from Dr. E. G. Gill, Chair~n, to,ether ~ith a resolution adopted at a recent meeti~ of the co~ltte~, asking that a referend~ he held during the fall of 19~ for the purpose of issuln~ $1,500~000.00 in bonds to finance the construc- tion of a Civic Auditorium in the southwest corner of Elm;~;ood Park at Jefferson Street and Elm Avenue fn the i~ediate future, said building to also include a fine arts center, %.~s before the body. ~M. Hanes moved that action on the mmtter ke deferred until a special meetlr is held for consideration of the question, along with other ~tters of a like nat~ and that ~-M. Paul J. ~ckett, Democratic nominee for Comncll, be invited to attend the meeting. The motion %~as seconded by 1M. ~ldrop and ~aninously adopted. ZONING: A co=~nicatlon from ~M. ~[orton Hone)~an~ Attorney, representing R. Pollard~ Sr., and Virginia Pollard, askin~ that property located bet,.eon Sher~oo~ Avenue and Drandon Avenue, S. W., %'est of Main Street, described as Lots 9, 10 and 11, Block 5, ~rbour IIeights ~ap, be rezoned fro~ General Residence District to Business District, ~s before Co~cil. On motion of Mr. l[inton, seconded by ~M. Hanes and ~aninously adopted, the com_m~ication %'as referred to the City Pla~lnE Cor~nlssion for study, report and recommendation to Co~cil. S~T IMPRO'~-~: A petition signed by eighteen residents on Troxell Roa~ S. E., asking that the street be hards~faced, was before Co~cil. ~ notion of IM. ~.faldrop~ seconded by I.~. Yo~ and ~animously adopted, petition ~ms referred to the City 1Mnager for such action as f~ds pe~it. COMPLAINTSs A con'~mieation fron }tr. Harold Woods, Sr.j o£ %:oods Brothers Coffee Co.~pany, 316-S18 Canpbell Avenue, S. E., asking that the wooded area east of Third Street, S. E., between Campbell Avenue and Church Avenue, which is used out the year by a bunch of drunks as a drinking and carousing spot, be cleaned up, before Council, Mr. Woods explaining that the business men in this area are becoming quite alarmed over the situation ~ich is growing steadily worse. On ~otion of t~. Woody, seconded by Mr. Minton and unanimously adopted, co~munication was referred to the City l~anager for necessary action. SE~S-WATER DEPART%~E~T: Council having previously concurred in the report of a com~ittee, in connection with the formal application to the City of Roanoke of Mr. J. B. Harris and Hr. C. N. Davis, the o~ers of a sixteen acre tract of land located on the north side of U. S. High~ay Route No. 221, west of the corporate llnits, kno~ as Drameleton Court Addition, for per~isslon to install a sanitary sewer system therein to be co~ected to the city's system, with the understanding that the o~ers are willing to comply with the ter~s of Rule 2~ o£ the v~er Depart- nent in order to secure the water if the Council of the City of Roanoke approves application for the sewer, the followin~ co~municotlon from ~r. ~. L. Plunkett, Jr.~ Attorney, ~!Ith further reference to the ~tter, ~s before the body: Council of City of Roanoke Roanoke, Virginia RE: Sanitary Se,~'er System in Brauhleton Court Addition Gentlemen: You will recall that by letter of November lath, we made application on behalf of Harris & Davis, Incorporated, for pernlssion to install a sanitar sewer system in Brambleton Court to he eor.nected with the City's 2s~'er ~e matter was referred to Cotuucil's Co~mittee, and under date of November ~0, lOSS, the Cor. mittee recom_mended to COLmCiI: (1) ~-T~e Subdivider comply fully ~.;ith Rule 26 of the :later Department. (2) Requisite authority be secured for the laying of both water and sewer mainsin the subdivision by the Suhdivlder or hie Agent. (S) ~e entire work be subject to the approval of the Director of Public ~Jorks. (4) The entire syste~ be deeded to the City of Roanoke. (5) Ins charges for both ~ater and sewers in this subdivision be what the City Council prescribes by ordinance as a proper charge from tine to time. I~e Subdividers are x~,illing to comply with Rule SS of the !'abet Denartment; they have the authority for laying ~.~'ater and sewer mains in the subdivision they are willing to do the entire work subject to the approval of the Director of Public ~'forka of the City of Roanohe and deed the entire system to the City of Roanoke. In the original application, the Subdividers a~reed to nay the usual charge for water services beyond the City limits and ~ ~ se~,~r charge based on the water bill. ~l~en the report of the Committee was approved on November SOth, it ~s our tmderstanding that the rates would be as ahove-~entioned. !?e have since advised by the City Manager that it is his understanding that no rates have teen established for sewer charge ~nd that he anticipates that the charge will he an great that it will be ~practicable for tbs Subdividers to the City service. Since the above has transpired, Harris & Davis, Incorporated, has acquired an additional tract adjoining the property previously o'~med by the~ and subdivided the same according to the Plat of Brambleton Court dated May 10 19S4, approved by the City Engineer of Roanoke and the Agent for the Co~uission, a copy of said Plat is attached hereto. Application is now nade on behalf of Harris & Davis, Incorporated, to instal in said Subdivision a sanitary sea;er system according to the specifications of the Director of Public Uorka of the City of Roanoke to be connected with the City's sewer system. It is, also, requested that, by proper resolution, Council establish a reasonable charge for the sewer service to be furnished. S53 .854 Your attention is respectfully directed to the fact that your Applicants are net asking for a gift fro~ the City of Roanoke. They aret in fact, asking that'they be permitted to ~ake a gift to the City of a very substantial capital asset and for permission to purchase fro~ the City, at a fair narket price, services ~%lch the City ls equipped to render. Your serious consideration of this proposal is earnestly solicited, and it ts requested that ye be ~eraitted to appear befure Council at its neetlng on l-My 24th %o ansx~r any questions that Council ~y Dmve con- cerning the ,~atter. Very truly yours, STRICKWLER, PLLq~TT & STRICKLF~R BY ?. L. Plunkett~ Jr. _?. L. Plunkett, Jr." !ir. ~[lnton moved that the matter bo taken under advisement for further consideration and that the co~unlcation be referred to the City ~rmger, the City Auditor, the City Attorney, the Acting ~nager of the !later Department~ tko ~ngineer in Charge of Construction of the ~fater Department and the lMyor for study~ report and reco~cendation to Council at its regular meeting on June 14, 19~4~ as to action to be taken in connection ~ith this particular request and a basic policy to he follo~ed in future requests of the sane nature. The notion %ms seconded by Pickett and ~nanf~lously adopted. REPORTS OF CFFICERS: ~UDqE?-STHEET SIGNS: ~ne City l[anager submitted %.Titten re[ort~ together %:!th the follo~ing co,nun[cation froz the Department of Public %'orks~ asking that ~2~.00 Lc appropriated from tko General Fund to provide for the installation of seventeen street signs in ne~.f subdivisions, tko City ]ianager recor~mending that the funds be appropriated: "DAVE: ~[ay 20, 'A~: lit. 5. S. O~ens, City I[anager ~. J. L. ~.fent~*orth, Director of Public ~'forks; lit. J. H. Hildebran~ Plarming Engineer; and ~M. H. C. Broyles~ City Engineer RE: Street signs paid for by subdividers. Your attention is called to the fact that $4~5.0D has been turned into the General Fund for street signs in ne%.z subdivisions by the subdividers. Yhis involves 17 different street signs. ~]e City accepted this money because the dealers supplying the type of sign: used by the City refused to sell szall orders to individuals. As you know, the subdivision ordinance requires the subdivider to furnish the necessary street signs. In checking over Account 22, it was found that there was $1~,000 set up in the 1954 budget and to date there only remins $3~000 in this account. The majority of this amount ~.=s spent for labor and supplies for the paintin~ of lines on our streets. Since %;e have 7 months yet to go in this year, I thir~ it is pretty obvious that this account is rather tight. It is recor.~ended that steps be taken to have *~425.00 appropriated to Accoun ~2 so that ~e can irmediately place an order for the 17 street signs in question. ~e areas involved are no%f built up~ and we are beginning to receive quite a fe~ calls about the street signs x-~hich the City is now obligated to instal (Signed) Jno. L. l-fentworth Director of Public %forks (Signed) J. R. Hildebrand Planning Engineer (Signed) H. Cletus Broyles · City Engineer" IM. ~'~ldrop moved that Co'moil concur in the recommendation of the City [ianager and offered the following emergency Ordinance: (~12141) AN ORDINA~CE to amend and reordain Section ~22, "Street Signs and ~arkings", of the 195/. Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 192.) Mr. %:aldrop moved the adoption of the Ordinance. The motion %~s seconded by Mr. Woody and adopted by the follo~tng vote: AYES: Council nem~ers Itanest llintont Pickett~ %faldrop, ~oodyt Young, and th( Presldent~ Mr. ~ebber .................. 7. NAYS: Eons ..................... O. A~SHOUSE~ The City Manager su~mitted written report from the Almshouse for the.month of Aprll~ 1954t showing a total expense of ~2t4~6.40~ as compared with a total expense of ~1t50~.51 for the month of Aprtl~ 19~3. The report ~ms filed. DEPAH~-rFJ~T OF PL~LIC %fORKS: The City Manager submitted written report from the Department of Public Works for the month of Aprllt 1954. The report ~ms filed. POLICE DEPAR~?~2~T~ The City ~anager sukmltted ~ittsn report from the Polic, Department for the ~onth of April, 1954. ?.~e report was filed. S?REE? UIDENING: The City l~nager submitted ~ltten report that the ~averly Place Baptist Church has signified its ~lll~ngness to convey to the city 2~470.28 square feet of land for the widening of Fourteenth Street~ S. E.~ at Ken'zood Boulevard, and recomuended that a nominal payment of $1.09 he made for the land. ~. Hanes moved that Council concur in the recommendation of the City iianager and offered the following emergency Ordinance: (f12142) AN ORDI~iA}iCE authorizing the acquisition Of certuln land for the widening of 14th Street, S. E., and Kent:cod Boulevard; and providing for an emergent (For full text of Ordlnance~ see Ordinance Book !~o. 20, Page 19S.) }Ir. Hanes moved the adoption of the Ordinance. ~]e motion %;as seconded by Mr. %'cody and adopted by the following vote: AYES: Council members Hanes, !~inton, Pickett, %laldrop, !~oody~ Young, and President, ~-~. %~bber ................ 7. I~AYS: ~one .................... O. FIRE DEPAR~!;~: ~he City ][anager submitted %Titten report on the resigna- tion of~cCoy ~Iills from the Fire Department effective lIay 1~, 19f54. · ~he report %.ns filed. LICENSES: Council having previously referred acor. uunication from Sykes 'I!ernia Control Service~ St. Petersburg~ Flor!da~ contending that the sales fun, Of its representatives in the City of Roanoke fall entirely %.~thln the category of salesmen, rather than of itinerant merchants, and that the license tax imposed upon the organization by the city has been erroneously assessed, to the City Attorney consideration and report, he submitted the follo~ing report from the Assistant City Attorney: "May 17, 1984 ?o the Council of the City of Roanoke. Gentlemen: By motion adopted at your meeting on April 2Gt 19.54, the Council referred to this office a com~ranication from Sykes Hernia Control Service, of St. Petersburg~ Florida, relating to the propriety of an assessment for a City license tax apparently made on that organization under Section 8S of the License Tax Code of the City of Roanoke, having to do %~ith itinerant truss fitters, et al. A reading of the co.w~icatlon to City Counctl indicates tPmt the only question raised is %~hether or not Sykes Hernia Control Service should he assessed under Section S3 of the i'ax Code, above-mentionedt or %under ? of the Tax Code~ relating to a person %~ho takes orders for tko sale of manufactured implements, there being a slight difference in the amount of S56 tax imposed by the respective sectioN, The co~unication states l~ its first paragraph that an assessment has been ~ade under the flrst-~ntioned section bY the License Inspector o£ the City, We believe that it will be more t~an obvious to members of Council t~mt the ~mtter is not one ~ich should properly be*considered by the Council, The Co.~lssioner of the Revenue and the License ~ax. Inspector are each required to adnin/eter the ordinances of the City as the peculiar facts of each case require, Irt in the considered opinion of the of the Revenue or the License Inspector the taxpayer or licensee falls wlthi a particular category or classification, it is the duty of the officiel to assess a tax or licenses accordingly. If an admitted error of assessment is made by the official he has the means and power to correct the error. the official does not agree that an error in assessment exists, the taxpayex or licensee has the means and the right of requiring the official to correc! the error. In neither event should the City Council be the arbiter between the official and the taxpayer unless, perchance a question going to the validity of the ordinance be raised. No such question presents itself in this case. I~ile we should perhaps rest upon the above observationt we night add that upon a reading of the cormunication from ~ykes Hernia Control Service to the City Council under date of April 15, 1954, and upon a hasty inspectl¢ of the pertinent provisions of the License Tax Code of the City, we are of opinion t.hat the facts stated in said letter Justify the assessment of a license under Section 23 of the Tax Code, relating to surgical truss fitters and, in all probability, Justify the assessment of an additional license under Section 7 of said Codet relating to the taking of orders for the sale at retail of implements, etc., irmsmuch as the ~Iter of the letter to City Council has carefully distinguished between the t%¢o phases of its operation in the City of Roanoke. Respectfully submitted, (Signed) J. N. Kincanon Assistant City Attorney" Hr. Hanes moved that Council concur in the report of the Assistant City Attorney. The motion was seconded by ~. !-faldrop and unanimously adopted. In this connection, Hr. Hanes moved that in its stud)' of the License Tax Code the License ?ax Code Study Cot~nitres give consideration to licensing itinerant agents and salesmen, as %:ell as fortune tellers. ~:e motion was seconded by !.faldrop and u~anlmously adopted. REPOR?S OF COI~IT/EES: S~CE DISPOSAL: Council having previously referred the request of ~:rman B. %fi~itescarver, Attorney, that the body pass a resolution in conformity with Section It Paragraph C of the contract between the City of Roanoke and the To~-~ of Salem, dated October 16, 195~, which would permit Hidden Valley Country Club, Incorporated~ to discharge %mete into the ?o%~ of Salem sewer system on I!omestead Avenue, within the corporate limits of the To%~ of Salem, to a committee for studyt report and recor, mendationt the comnlttee submitted the following report: "Roanoke, Virginia :lay 24t 19~4 ?o The City Council Roanoke, Virginia Members of Council: Council referred to the below-signed co.nitres a request from Mr. %~itescarver, representing the Hidden Valley Country Club, for permission for the Club to attach its sewer discharge to the Roanoke-Salem interceptor llne; thence be treated at Roanoke's se~mge disposal plant. The committee is very s~mpathetic with this request and believes the ultimate intent of the citizens of the City of Roanoke by their vote to clean up se%mge in the entire valley. We do not believe we could recomne to City Council that permission be given for the Club to attach to the system at this time because (1) Salem's line from t!omestead Avenue to the j~ctton of t~son Creek and Roanoke River, thence to mar~ole #127 at the Veterans Facilityt has not been completed nor started; (2) In accordance with the contract ~ith the To~m of Sale~, this request should be an official resolution from the To%m of Salem, which subsequently ~ould permit the Council of the City of Roanoke to establish rates in this and subsequent similar cases. %,+.en the line has been completed and an appropriate request has teen made by the To%m of Salem, it is the co~uittee's belief that consideration ' should he given to this request. Respectfully submitted, (Signed) Arthur S. Ov~ens (Sl~ned) G. H. Ruston Chairman (Si[ned) Charles E. ~.foore (Signed) Ran G. %~ittle (Si?ned) Roy L. %~ebber" Mr. Young moved that Council concur in the report of the eom-~lttee. The me,fen ~ns seconded by ~Ir. 14in,on and ~ninously adopted. · ~C~?ION DEPAR~I~-P~ AND P~YOROUN~ Co~ncil havin~ previously referred a comu~lca~lon from the 3o~mson-Carper ~rnlt~e Compan~ advlsin~ ~he company ~111 ~ke available ~o the city~ for an Indefinite period of time~ the con, any proper~y located ~e~ween Pearle Avenue and %:er~z Avenue ex~endin~ from the Norfolk and Western Rain,ny line to Hollins Road for a recreation center and play- ,round area~ to the Director of Parks and Re=rea~lon to confer ~l~h offlcl~l~ of co~pany as to a name ~hich ~,111 be satisfactory, a cor.~unlcation fro~ 1~. R. P. Hunter, D~rec~or of Parks and Recrea~ion~ advising tha~ he has co,erred with the officials and ~hat ~he Board of Director suggests thmt the area be referred to Don Jordan Park~ %*as before the body. I~ appearlnz that ~he City Manager and the City PlamuIn~ Cot. miss!on h~ve previously recommended ~ha~ the offe~ :~mde by the Jo~son-C~rpe~ Furniture Company be accepted under the conditions stipulated by it, ~-~r. l~fnton moved that Council concu~ In all of the above recommendations nnd offered the fo~lo,~nE emergency (~12143) AN ORDINA~CE providing fo~ a publlc park near Hol!lns Road, E. and provldinE for an e~erEency. (Fo~ full text of Ordinance, sue Ordinance Book ~:o. 20, Page 194.) ~Ir. Hinton moved the adoptlon of the Ordin~nce. ~e notion ~:as seconded by l~r. Young and adopted by the follo~'lnE vote: A~S: Council members Hanes~ ~.~inton, Ptcket~ %'aldrop~ ~.:oody, Young, and the President, I.~. ~:febber ............. 7. HAYS: 17one .................... O. UI~INIS]~D BUSINESS: I7one. CO:iSID~TION OF C~IF.S: None. IN?RODUCTION AND CO~SID~TION OF ORDI~:A~iCES AND ~SOLU?IONS: %'fA~ DEP~.~E?: Ordlnmnce I~o. 121S2~ authorizing the release of easements for a %.~ter ma~n and an electric cable across the property of ~. Henry B. Boynton 2OS1 Creston Avenue~ S. '~. ~ having previously been before Council for ~ts f~rst read~ng~ read and laid over~ %,~s again before the body~ ~. l'foody offering the following for its second reading and f~nal adoption: (~12132) AN ORDI~IArCE authorizing the release of certain easements heretofor acquired by the City from Rely B. Boynton, et al., ove~ certain property situate on the north side of Creston Avenue~ S. (For ~11 text of Ordinance, see Ordinance Book No. 20, Page 190.) ~. %foody moved the adoption of the Ordinance. ~e mo~ion ~s seconded by ~. Banes and adopted hy the following vote~ 1.~. !-~aldrop commenting that he feels the city having p~chased a right-of-%~y such ri/ht-of-%~y skould not be relinquishe without a ref~d of the value thereof %o the city: A~S: Co~cil members }{anes~ l~lhton~ Pickett~ %~oody~ Yo~gt and the Presiden AIRPORT: Ordinance Ilo. 121BG, providing for the rental of certain space in the Airport Termi~l ~ilding to ~.~. George B. I~son~ Pmv~ng previously been before Co~ctl for its first reading, read and laid over~ was again before the body, Pickett offering the following for its second reading ~d final adoption: 357 358. (~12136) AN ORDINAECE authorizing and directi~ the proper City officials to execute, for and on Eehalf of the City, a lease with George H. Mason, leasing certain space in the New Airport Ter~nal Building on a month~o-month basis. (For full text of Ordinance, see Ordinance Rook No. 20, Page 191.) ~-Ms. Pickett moved the adoption of the Ordinance. The motion was seconded by l~. tlanes and adopted by the following vote: AYES: Council members IMnes, Minton, Pickett, ~ldrop, Woody, Young, and the President, Mr. ~.febber .............. 7. ~¥S: None ................. O. WA~ER DEPARE-~NT: Council having previously requested the City Attorney to prepare the proper Resolution, providing for the replacement of two of the ~ter Department cars, he presented sane; whereupon~ 1~. Minton offered the following: (#12144) A RESOLUTION authorizing the City Manager to purchase 'twa automobl3 for use by the Water Department; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 195.) ~. Minton moved the adoption of the Resolution. The notion %.ms seconded by ~.~. Hanes and adopted by the following vote: A~S: Council members Ranes, Minton, Pickett, ~faldrop, Woody, Young, and the President, Mr. ~bber .............. 7. NAYS: None ................. O. GRADE CROSSINGS: Council having previously requested the City Attorney to prepare the proper Ordinance, establishing a public alley ~etween Jefferson Street and First Street, S. E., leading from Norfolk Avenue in a southerly direction, as previously agreed upon in Ordinance No. 12094 relating to the Jefferson Street Grad Crossing Elimination Viaduct and Project, he presented same; whereupon, Mr. ~oody moved that the following Ordinance be placed upon its first reading. The motion ~ seconded by ]~. Young and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, ~faldrop, ~oody, Young, and th~ President, l!r. Webber ............ 7. ]~YS: Hone ............... O. (~12145) AN ORDInanCE establishing a public alley bet,~een Jefferson and First Streets, S. E., leading from ~:orfolk Avenue in a southerly direction, under the proposed Jefferson Street Grade Crossing Elimination Viaduct and traversing the right of ~y thereof. ~'~qEP~S, by Ordinance No. 12094, ordained by the Council of the City of Roanoke on the 5th day of April, 1954, this Council, muong other things, agreed to cause to he opened, at its expense, and dedicated to the public use an alley betweer Jefferson Street and First Street, S. E., leading from Norfolk Avenue in a souther] direction, under the proposed Jefferson Street Grade Crossing Elimination Viaduct and traversing the right of ~y thereof, nnd I~q~EAS, the eetablisb.ment of such a public alley Pms been studied and approved hy the City Planning Cor~'~ission. Un--FORE, BE IT ORDAIneD by the Council of the City of Roanoke that a publJ alley be, and one is hereby, estahllshed ti~ough real estate belonging to the City, situated between Jefferson and First Streets, S. E., running southerly from Norfolk Avenue, within the following courses and distances, viz.: BEGINIIlNG at a point on the present south line of ~orfolk Avenue said point being located N. 88° 48' 5S" %I. ~7.32 feet from the present southwest corner of Norfolk Avenue and First Streett S. E.; thence 2° 15~ ~" E. 95.~ feet to a point; thence S. 87· 44~ ~" %~. 18.0 feet to a point; thence ~. 2~ 15~ ~" %~. 96.12 feet to ~[orfolk Avenue~ thence with sane S. 88° 48~ 53" E. 18.03 feet to the place of All bearings refer to the meridian of the Official Survey. See Plan }[o. 4~-14 on file in the Office of the City Engineer. ~ IT ~ ORDAIneD t~t the City Clerk supply the City ~gineer and the Pla~ing ~ineer ~ith attested copies of this ordinance and that each of said officials cause proper memoranda to be ~de~ the records and ~ps of their respectl offices showing the establisb_~ent of said public alley. ~ IT ~u~ ORDAINED that the City Clerk be~ and he Is hereby~ directed to.cause a plat showinE the above described public alley to [,e admitted to record in the Clerk's Office of the ]~ustin~s Court of the City of Roanoke~ Virgin~a. The OPdi~ance havln[ teen read~ %~s laid over. IiOTIOi;S AND HISCELLAI~OUS BL'~ET-POLICE DEP~[T= Council having previously taken under advisement a request of the City ~"anager for authority to purchase an electrically operated speed ~,atch for the purpose of checkin~ speeder$~ !:r. ~faldrop stated that he has ~ersonally observed excessive speedinE In the city at vavious points and feels so~thln~ should be done to control such speedfnE~ ~fr. Va]drop asking that the mattel be placed on the agenda for the ~eetlnz of the ~ody on June 1~ 19S~, at ~:hich th~ que=tlon of purchasing the speed ~ntch should again Le considered hy Council. ZO]iIHG-SEiBACK LIi~S: Council having previously requestsd the C~ty Attorney to prepare the proper Ord~nance~ provld~ng for the %.:ideni~g of the north s~du of Salem Avenue~ S. I!.~ Ly thirteen feet~ het%~een Jefferson Street and F~rst Street~ hav~ng adopted an Ordlnance~ establishing a setSack line on the north s~de of Salem Avenue, S. !~.~ het.~een First Street and Fifth Street~ to provide for a CO-foot street, the President~ ~r. UeSher~ hrou~ht to the attention of the body the follow- ~nE conmunfcat~on from the City Attorney: "~[ay 17~ 19~ ?o the Council of the City of Roanoke. Gentlemen: By ordinance heretofore adopted build,nE setback l~nes for the future ~.rlden~ng of Salem Avenue, S. %!., have heretofore teen established along certain portions of the north s~de of Salem Avenue %-est of 1st Street~ ' S. %I. Rowever~ as of th~s date there has not been established a bu~lding sat~ack line for the ~dentng of Salem Avenue from Jefferson Street to 1st Street. It fs respectfully recor~ended that the Co~c~l, hy formal notion~ direct the City Clerk to advertise for a public hearing before Co~cil on the question of estmSlishing a build:rig setback line on the north side of Salem Avenue~ S. ~f.~ ket%'een Jefferson Street and 1st Street~ S. %!.~ the said llne to he located 13.0 feet northerly from the present established north line of Salem Avenue~ S. ~!.~ ~et~zeen said streets~ to provide for the %'fdening of Salem Avenue~ S. %i., het,~een said strests to approx~mate!y 63.0 fee%. Your directive to the Clerk should ind~cate the time and place of the public kemring required to ke advertised. Respectfully submitted ~ (S~gned) Ran G. ~In!ttle City Attorney" On motion of ~. %~aldrop~ seconded by ~. names and unanimously adopted~ th~ City Clerk %'as ~nstructed %o advertise for a public hearing to he held at 2:00 o'cl( 359. 360 PARKS AND PLAYGROU}~DS.. Hr. }{lnton brought to the attention of Council and the City l~mnager the question of lighting the tennis Courts in Eureka Park and asked the City ~{anager to investigate the hatter. CITY ~-!PLOYEES-OFFICE llOlqL~.' The President, l-fr. %.'ebber, brought to the attention of Council draft of a Resolution prepared by the City Attorney at the request of the body, requesting a stricter observance of office hours by city employees; whereupon, ~r. %;oody offered the (~12146) A RESOLUTION calling the attention o£ all City officials and Department Heads to Ordinance No. 11927, especially Sections S and ,t thereof, adopted by the Council on the Sth day of September, 1953; and directing then and all personnel under their supervision to co~ply %,lth the last-mentioned sections. (For full text of Resolution, see Ordinance Book No. 20, Page 195.) l!r. %:oody moved the adoption of the Resolution. Tke n~tion %~s seconded by IIr. !lanes and adopted by the follow:lng vote: A~'ES: Council .~enbers I!anes, !.'.Inton, Pickett, %:aldrop, ~:oody, Young, and the President, ~. !-*ebber .......... 7. NAYS: None ................. O. CLOSIi[G IiOb.~S: Council render date of I,'ovember ~,%~ 19S~°, h~vinr teken under advisement the question of re~ulatin6 tP.e closing hours of theatres %rithln the city limits, as a rcsu!t of conptalnts re~ardfng all-night sho;.~s at drive-in theatres, ~.-~i:'.'~ a vie~: of seein~ %that the drive-in theatres ~.rould do to correc~ %he situation it ~einc ~derstood that if tl:e situation ~*~s not co~rec~ed in a reasonable an Ordinance t.~ould be offered, requtrin~ the theatres to close not later than ~!dn~[ht, ~. youn5 again brou[ht 2he matter to the attention of %he body and asked the City Clerk to place the question on tke a[enda for the next meeting of Council. ~ere being no further business~ Co~cil adjouPned. COUNCIL, REGULAR N~ETING, Monday, May 31, 19~4. Monday, May 31, 1954, being a legal holiday, the regular meeting of the Council of the City of Roanoke was adjourned until 2..00 o'clock, p. m., Tuesday, June 1, 1954.  Cl~rk / APPROVED ,! CO~NCIL~ ADJOURNED REGULAR T~esday~ June 1t 19~4. The Council of the City of Roanoke met in adjourned regular meeting in the Circuit Court Room in the Hunicipal Buildingt Tuesday, June 1t 1954, at 2~00 oJcloc~ p. mo, with the President~ Hr. Webber, presidin~. PBESE~?~ Council members Hanes, Hlnton, Pickett, Waldrop, Woody, Yotmg, and the Presidentt Hr. Web,er ............ 7. ABSF.q T ~ None ................. O. OFFICERS PRESEN?~ Hr. Arthur S. Owens, City Manager, and Mr. Randolph O. Whittle, City Attorney. The meetin~ was opened with a prayer by the Reverend Merlin E. Gather, Past~r of the Central Church of the Brethren. MINUTES~ Copy of the ~inutes of the regular meeting held on Monday~ ~y 17, 1954t having been furnished each member of Council, upon motion of Mr. Young, seconded by Hr. Hanes and adopted, the reading was dispensed with and the minutes approved as recorded. H~ING OF CITIZENS UPON PUBLIC MATTERS: STREET IMPROVEMENTS: Mr. Earl T. Perdue, 2714 Hollowell Avenue, S. W., appeared before Council and stated that three years ago he was promised the street would be opened, but that as yet nothing has been done. On motion of Mr. Waldrop, seconded by ~M. Minton and adopted, the matter was referred to the City Manager. PETITIC~S AND COmmUNICATIONS: STREET IMPROVE~F~TS: A resolution from the Garden City Civic League~ expressing appreciation for the work which has been done on a n=~ber of the streets in the Garden City section, was before Council. On motion of ~M. Waldrop, seconded by Mr. Young and adopted, the resolution was filed. REPORTS OF OFFICERS: SPECIAL PERMITS: The City Manager submitted the following report, with reference to a request of Pitzer-Butler Fuel Oil Corporation for permission to construct, operate and ~aintain a pipe line across and under 3 1/2 Street, S. E., in the vicinity of Albemarle Avenue: "Roanoke, Virginia June 1, 1954 To The City Council Roanoke, Virginia Members of Council: Mr. John Butler, President of Pitzer-Butler Fuel Oil Corporation, is requesting the City of Roanoke to grant them authority to place a fuel oil line under 3 1/2 Street, S. E., at a point about 200 feet to the north of Albemarle Avenue, S. E. I recommend that authority be granted, providing that the City is adequately protected as to damages during construction or subsequent damages of any kind. The authority should also be subject to recapture on ninety days notice. Respectfully submitted, (Signed) Arthur S. Owens City M~nager" Mr. Hanes moved that Council concur in the reco~mendation of the City Manage and that the attorney of Pttzer-Butler Fuel Oil Corporatiom prepare the necessary Ordinance, to be approved by the City Attorney, and present same to Council at its next regular meeting. The motiom was seconded by Mr. Waldrop and adopted. 361 362 STI~TWIDNNINgs Council having previously concurred in the verbal tiom of the City ~anager that the city proceed to cut back the curb at the southwest corner of Eleventh Street and Fairfax Avenue, N. We, at an estimated cost of the City Manager submitted ~ritten report that he has found it will be necessary to acquire a strip of land so that the corner mAght be widened instead of cutting ba~k the curb and asked that if the body plans to proceed further with this plan he be. authorized to have appraisals made and to ascertain if the property in question can be secured at the fair appraisal value. On motion of Hr. Hinton, seconded by Hr. Young and adopted, the City requested to determine the cost of the land involved and to report back to Council with his recommendation. PARK~ AND PLAYCROUNDS~ Council having previously referred a cormmmication from ~M. W. F. Burton, Sr., President of the Southeast Civic League, advising that it appears no funds have been included in the 1954 budget for needed improvements to Fallen Park and Jackson Park as previously requested by the Southeast Civic League, to the City Fmnager for investigation and report, he submitted the followln report: "Roanoke, Virginia June 1, 1954 To The City Council Roanoke, Virginia Members of Council: You referred to my office a letter from Hr. W. F. Burton, Sr., of the Southeast Civic League, in which he lists the 1954 capital outlay fox all the parks in the City. This may be observed on Page 58 of the 1954 budget. Cotmcil accomplished everything possible that it could with the fur. ds in the 1954 budget. It was necessary to cut out many capital improve- ments and expenses suggested, not only from the Recreation Department, but also from other departments of the City. It may be called to the attention of Hr. Burton and the Southeast Civic League that $2,500.00, appropriated by Council in the capital outlay fund, will be paid entirely by attendance at the Zoo, which carries out Council's policy of requiring that the Zoo be self-sustaining. ! am satisfied that Hr. Burton and members of the Civic League will ~e happy to learn this. I would suggest that Council take under advisement Mr. Burton's proposal and study it during the 1955 budget period. Respectfully submitted, (Signed) Arthur S. Owens City Mamager" Mr. Woody moved that Council concur in the report of the City Manager and that a copy of same be forwarded to the Southeast Civic League. The motion was seconded by Mr. Hanes and adopted. WATER DEPART}FlIRT: Council having previously referred a communication from Pioneer Construction Company, Incorporated, requesting an opportunity to bid on the street restoration program of the Water Department, to the City Manager for an analysis of the actual cost of the street restoration program, the total approximate amount spent on the program each year and the feasibility of asking for bids on the program, he submitted written report, together with a brochure prepared by Hr. Charl. E. Moore, Engineer in Charge of Construction of the Watar Department, concerning the correspondence, analysis and history of the plan for street restoration. On motion of Mr. Woody, seconded by Hr. Waldrop and adopted, the matter was referred beck to the City Mar~ger to make a thorough study of the street restc program of the Water Department for the purpose of determining whether the city should continue to contract the street restoration work or perform said work with city forces, and in the meantime, to advertise for bids for the work for the last six months of this year. H~BER FIeLDs The City ~anager sut~ltted the following report, with referenc~ to the rasing of the vo~en s~nds In the ~se~ll park at ~her Field~ ~o~oke ~ V~r~n~a ~e 1~ 19~ To ~e City ~oanoke ~ Virginia ~em~rs of Co~cll~ At o~ meetin~ on ~o~ay~ ~y 17, you ~dopted ~esolut~on directin~ the C~ty ~er to ~cause the ~o~en st~ct~es.,.ln the ~rk In ~er F~eld to ~ demolished~, I ml2ht ~ve caused C~cil to ~l~eve th~s ~ork ~ould ~ done by C~ty forces~ vhich ~s lnte~. ~eve~ I late~ fo~ t~t ~e co~d accomplish the ~ork ~ch chea~er by contract t~e could do It ~rselves. ~ am carry~ out the ~tent of the ~esolut~o ~hl~ Co'oil s~d be apprised of the fact t~t. It ~11 ~ acco~plishe~ contract in order t~t there ~e no ~sinterpretation off ~y action. Respect~lly su~tted~ (Sl~ned) Arthur S. ~ens City ~ger~ ~. Waldrop moved t~t the report ~ filed. ~e motion vas seco~ed Hinton a~ adopted. ~ET-~L~ DEP~ ~e City ~ger suet,ted the follovlng report, reco~e~l~ t~t the salar~ of the Co~tssioner off Health be increased ~$8,1~.~ per a~ to $10,~.~ per "Roanoke, Virginia June 1, 1954 To The City Council Roanoke, Virginia Members of Councll~ In our budget under Public Health on Page 25, Account 40, there is listed for Co~mlssioner of Health's salary $8,180.00. So far attempts to secure a Comz~issioner at this salary have brought little interest or results. I am recom~ending that this be raised to a maximum of $10,500.00 in order that ! may be in a position to negotiate for a Co~lssioner. would like to emphasize, however, that at this figure the possibility of getting a Commissioner is doubtful. Respectfully submitted, (Signed) Arthur S. Owens City Manager" On motion of Mr. Young, seconded by Mr. Minton and adopted, the matter was :taken under advisement. ZONING-SETBACK LINESs The City Manager having previously advised Council that after the first of the year city personnel could probably prepare a map showln~ all setback lines in the city, he submitted the following reports "Roanoke, Virginia June 1, 1954 '£o The City Council Roanoke, Virginia Members of Councils At the suggestion of Mr. Hanes and a directive by City Council I m~de studies as to how we could provide adequate notice to property owners, attorneys, and other persons that setback lines had been established on certain streets. Our Engineering Department has checked on Ordinances to date, and we have marked In red on the appraisal maps all streets on which setback ordinances have been enacted. In addition, a master map has been located the Engineering Department, and a similar one will be located tn the Bulldlr Inspector's office. Respectfully submitted~ (Signed) Arthur S. Owens City Manager" 363, but I 364 On motion of Mr. Hanes, seconded by Mro Woody and adopted, the report~as flied. AIRPORT: Council havlr~ previously directed the City Manager to proceed to advertise for bids for air condltionln~ the restaurant at the Roanoke Municipal Airport after making a study of the ty~e of equipment needed, a~ard the contract and report back to the body for the proper appropriation, Be submitted ~rltten report that the bid of GilBert Lo Seay, Incorporated, In the amount of lncludir~ an evaporation tower, has been determined the hast proposal from an operating economy vle~point$ whereupon, Mr. Young offered the following emergency Ordinance appropriating the amount o£ $2,575°00: (~12147) AN ORDINANCE to amend and reordain Section ~143, nDepartmental Equipment and Improvements", of the 1954 Appropriation Ordinance, and providing for (For full text of Ordinance, see Ordinance Book No. 20, Page 197.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mr. Minton and adopted by the following vote: AYES~ Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ............. 7. NAYS~ None .................... GRADE CROSSINGS: Council having previously adopted Resolution No. 12076, approving the payment of a bill in the amount o£ $7,176.16 received by the Common- wealth of Virginia from Fay, Spofford and Thorndike, Consulting Engineers, for additional services performed in connection with the Jefferson Street Grade Crossinl Elimination Viaduct and Project, with the understanding that said additional charge~ were to ba prorated against the Commonwealth of Virginia, the Norfolk and Western Railway Company and the City of Roanoke on the same basis as contemplated in the original agreement, the City Manager submitted written report, together with the following communication from the State Department of Ri§h~ays, the City Manager irecommending that the request be grantedz "May 26, 1954 Route No. 11 Project No.iGSO-70- Jefferson Street Grade Crossingi Elimination in the City of Roanol Mr. Arthur S. Owens City Manager Roanoke, Virginia Mr. A. B. Stone, Chie£Engineer Norfolk and Western Railway Company Roanoke, Virginia Gentlemen: On February 23, 1954, you were advised of the increase fee to the firm of Fay, Spofford and Thorndike, Consultants, in revising original plans and for additional designs found necessary. The amount totalled $7,176.16 and this amount u~s expected to be prora~ on the basis of Federal 40%, State 20%. City 20% and N & W B. R. 20%. City concurred by Council resolution ~12076 on 2-8-54 and the N & W R. R-eby letter of 2-24-~4. We have since found that the source of special Federal funds applied toward the original agreement, totalling $~4,000 was exhausted. Further, tha the Highway Department could not participate in this additional charge for the design of the pedestrtan underpass when it is agreed that the Department would not share in the cost of the construction. After most careful consideration of the situation, it is requested that the City and the N & W R. R. revise their previous acceptance to the followi ,! 365 ,Item` State City N & %/ H~ R. Total Pedestrinn Subway O. $2294.68(50~) $2294.68(50~) $4,589.36 Nor th 'Abutment $12~.~(~) · 4~.~(2~) 4~.~(2~) 2,~.~ Armory Re~ln~ng . ~tals S1~2.68 $2812.24 ~2812.24 $7 ~ 177.16 A letter of acceptance of this revised participation is requested. Sincerely yourst (Signed) V. F. Smith ~. F. Smith, Urhan Engineer" Mr. Minton moved that Council concur in the reco~endation of the City Manage~ and that the hatter be referred to the City Attorney for preparation of the proper Resolution. The motion was seconded by Hr. Young and adopted. %!ATE~ DEPARTMENT: Council having previously filed a report of the City Manager raising the question as to whether or not the city desires to dispose of Grandin Court Booster Station land, he submitted written report that he has an offer of $475.00 for the land from Hr. J. D. Jamison and recommended that the offer be accepted, subject to a proviso that the purchaser of the property raze the station and level the land in a manner approved by the %!ater Department. On motion of Mr. Hanes, seconded by ~. %faldrop and adopted, the matter was taken under advisement. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: BUD6ET-POLICE DEPARTMENT: Council having previously taken under advisement request of the City Manager for authority to purchase an electrically operated i speed watch for the purpose of checking speeders, the matter ~ms again before the body. In a discussion of the m~tter, Hr. ~!aldrop stated that he has observed bus~ and trucks traveling through the city at a rate of speed far in excess of the speed ~imits and that he feels the speed laws should be adhered to, Hr. ~ldrop that if the present speed laws are not going to be strictly enforced then the limits should be increased to a point where they will be strictly enforced. After a further discussion of the question, Hr. Waldrop moved that the be referred back to the City Manager for a complete study and recommendation to Council as to what should be done about the speed limits and the purchase of the speed watch.. The motion ~ms seconded by Hr. Hanes and adopted. CLOSING HOURS: Council under date of November 24, 1952, having taken under advisement the question of regulating the closing hours of theatres within the city limits, as a result of complaints regarding all-night shows at drive-in theatres, with a view of seeing what the drive-in theatres would do to correct the situation, it being u~.derstood that if the situation was not corrected in a reasonable time, Ordinance would be offered, requiring the theatres to close not later than midnight Hr. Young stated that the situation bas not been corrected and moved that the City Attorney prepare an Ordinance, establishing a one o'clock closing hour for drive-in theatres and all similar performances. The motion was seconded by Hrs. Pickett and adopted. CONSIDERATION OF CLAIMS: None. 366 INTROIXICTION AND CONSIDEBATION OF ORDINANCES ANDRE SOLUTIONS: GPADE CROSSINGS: Ordinance~NOo 12145, establishing a public alley between Jefferson Street and First Street, SoE,t leading from Norfolk Avenue in a southerly direction, as previously agreed upon in Ordinance No, 1L~94 relating to the Jeffers¢ Gtreet Grade Crossing Elimination Viaduct and PrOject, having previously been befor~ Council for its fl~et reading, read and laid over, was again before the body, In this connection, the City Attorney advised that subsequent to the introduction of Ordinance No, 12145 on its first reading the engineers have determll that the clearance under the viaduct is not sufficient to permit the use of the !proposed alley by trucks and that a new location has been found feasible ~nich has been approved by the engineers of both the city and the state; vhereupont Hr° Minton offered the following Ordinance for its second reading: (#12145) AN ORDINANCE establishing a public alley betveen Jefferson and First 5treets~ S. Ro~ leading from Norfolk Avenue in a southerly direction, under the proposed Jefferson Street Grade Crossing Elimination Viaduct and traversing the right of way thereof. ~REAS, by Ordinance No. 12094~ ordained by the Council of the City of Roanoke on the 5th day of April, 1954, this Council, among other things~ agreed to cause to be opened, at its expense, and dedicated to the public use an alley betweer Jefferson 5treet and First Street, S. R.~ leading from Norfolk Avenue in a southerly direction, under the proposed Jefferson Street Grade Crossing Elim~nation Viaduct an. traversing the right of way thereof, and WHEBEAS, the establishment of such a public alley has been studied and approved by the City Planning Commission. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that a publi alley be, and one is hereby, established through real estate belonging to the City, situated between Jefferson and First Streets, 5. E., running southerly from Norfolk !Avenue, within the following courses and distances, viz.: BEGINNING at a point on the present south line of Norfolk Avenue, S. E. said point being located N. 88° 48' 53" W. 87.32 feet from the present southwest corner of Norfolk Avenue and First Street, S. E.; thence S. 2° 15' 04" E. 95.04 feet to a point; thence S. 57° 44' 56" W. 18.0 feet to a point; thence N. 2° 15' 04" W. 96.12 feet to Norfolk Avenue; thenc 'with same 5. 88· 48' 53" E. 18.03 feet to the place of BEGINNING. Ail bearings refer to the meridian of the Official Survey. See Plan No. 4000-14 on file in the Office of the City Engineer. BE IT FURTHER ORDAINED that the City Clerk supply the City Engineer amd the 'launing Engineer with attested copies of this ordinance and that each of said offict cause proper memoranda to be made on the records and maps of their respective office~ showing the establishment of said public alley. BE IT FURTHER ORDAINED that the City Clerk be, and he is hereby, directed to cause a plat showing the above described public alley to be admitted to record in the Clerk's Office of the Hustings Court of the City of Roanoke, Virginia. Mr. Minton moved the adoption of the Ordinance. The motion was seconded by ~r. YOung and lost by the following vote: AYES* None ................ O. NAYS: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ................ 7. Mr. Young then moved that the following Ordinance be placed upon its first reading. The motion was seconded by Mr. Woody and adopted by the following vote: :! Is AY~t Council members Hanes, Minton, Pickett, Waldrop, Woodys Young, and thl President, Mr. Webber ............. NAYS~ None ............... -0. (~12048) AN ORDINANCE establlshin~ a public alley betveen Norfolk and Salem Avenues, S. E.! leadin~ from First Street, S. E., in a vesterly direction, under a ~ortlon of the Jefferson Street Grade Crossin~ Elimination Viaduct and ~ithin a part of the right of ~ay thereof. I/tIEHFAS~ by Ordinance No. 12094, ordained by the Council of the City of Roanoke, on the 5th day of April, 1954, this Council, amor~ qther things, agreed to cause an alley to be opened, and dedicated to the public use, betveen Jefferson Street and First Street, So So, leadin~ from Norfolk AVenue in a southerly directio~ under the proposed Jefferson Street Orade Crossing Elimination Viaduct and traversin the right of ~ay thereof; a pttrpose, amon~ others, for the opening of said alley being to enable trucks to proceed over it and load and unload, among other places, at the rear of the property presently o~ned by Edna R. Ruff, et alo,Situated on the northvest corner of Salem Avenue and First Street, S. E., and nov leased, for a term of years, to The Great Atlantic and Pacific Tea Company, and WHEREAS~ Council is nov infformed, by State and City Engineers ~orking on the plans for the project, that due to lack of clearance under the proposed viaduct betveen said streets, it ~ould prove to ~e bad engineerln§ practice to lo,ate such an alley betveen the aforesaid Jefferson and First Streets, So E., but that it voul~ prove to be sound engineering practice to locate an alley, to serve such purposes, between Norfolk and Salem Avenues leading from First Street, S. E., in a ~esterly directionunder a portion of the proposed viaduct and vithin a part of the right of ~ray thereof, and ~F~IEREAS~ the establish~ent of such last-mentioned public alley has been studied and approved by the City Planning CO~LiSsIon. THI~EFORE, BE IT ORDAINED by the Council of the City of Roanoke that a public alley be, and one ls hereby, established through real estate belonging vholl: to the City, situate betveen Norfolk and Salem Avenues, S. Eo, extending vesterly £r~m First Street, S. E., vltktn the follo~rlng courses and distances, viz: BEGINNING at a point on the present vest line of First Street, S. (formerly Nelson Street), said beglruttn§ point being located S. 1° lO~ 02~ W. 67.93 feet from the' present southwest corner o£ Norfolk Avenue, So E., (formerly Railroad Avenue) and First Street, So E.; thence, leaving the said beginning point and continuing vith the present vest line of First Street, S. 1° lOt 02~ ~o 22.04 feet to a point; thence S. 87~ 44~ ~" W. 118.80 feet to a point; thence No 2~ 1S~ 04t' W. 22.0 feet to a point; thence No 87~ 44' ~6~ E. 120.11 feet to First Street at the place of BEGINNING; being a portion of Lots 26, 27, 28, 29 and ~ard 5,.Hap of Roanoke Land and Improvement Company. AI~ bearings refer to the meridian of the Official Survey of the City of Roanoke, Virginia. See Plan No. 4000-14~ revlsed Hay 28, 1954, on file in the office of the City Engineer. BE IT FURTHER ORDAINED that the City Clerk supply the City Engineer and the Planning Engineer vith attested copies of this ordinance and that each of said offic cause proper memoranda to be made on the records and maps of their respective office shoving the establishment of said public a]-leyo BE 1T FURl'HER ORDAINED that the City Clerk be, and he is hereby, directed to cause a plat sho~rlng the above described public ~ley to be admitted to record in ithe Clerk's Office of the Hustings Court o£ the City of Roanoke, ¥tr§lrda. The Ordinance ha~lng been read, ~ras laid over. '368 WATE] Dll~J~l~l~?~ Council having previously deferred action on a verbal request of the City Manager that Resolution No. '5623, directing the City Manager to present to Council any needs for equipment flor ~he Water Department in excess off $1tO00.O0, be amended to increase the amount ~ $3,000°00, Hr. Hanes offered the following Resolution~ (~12149) A RESOLUTION amending and re-enacting Resolution No° 5623, adopted by the Council of the City of Roanoke on the llth day of Julyt 1938o (For full text of Resolution, see Ordinance Rook No. 20, Page 197.) Hr. Hanes moved the adoption of the Resolution. The motion was seconded by Mra. Pickett and adopted by the following vote~ AYES~ Council members Hanes~ Hinton, Pickett, Waldrop, Woody, Young, and President~ Hr. Webber .............. 7. NAYS~ None ................. O. HEALT~ DEPARTMENT-WAT1~ DEPART~NT~ Council having previously deferred attic on the adoption of an Ordinance, authorizing and providing for the introduction of a fluoride ion into the City of Roanoke~s Water Supplies, in order to obtain all information possible before making a decision, Hr. Waldrop moved that the Ordinance be placed upon its first reading. The motion was seconded by Hrs. Pickett. In this connection, the City Clerk brought to the attention of Council communications from Hr. A. F. Landis, Dr. Charles A. Young, Jr., Mr. Richard J. Stinnett, Mr. Albert Folden, Mr. Latham L. Thigpen, Jr., Mr. W. C. Mallery, Dr. Peter A. Wallenborn, Jr., and the Roanoke Junior Chamber of Commerce, favoring fluoridation, and communications from Mr. V. W. Shives and Dr. Charles J. Smith, opposing fluoridation. In a discussion of the matter, Hr. Waldrop stated that he feels Council has had enough' time to consider the question and that he would like to have the Ordinance acted upon one way or the other in order to settle the matter. After a further discussion of the matter, Hr. Young offered a substitute motion to delay the vote on the Ordinance until the regular meeting of Council on June 14, 1954, and that in the meantime, the City Clerk notify Captain Malcolm L. Worrell and the Roanoke Junior Chamber of Commerce that the Ordinance will be on the agenda for the meeting of June 14, 1954, in order that they might have ample opportmnity to be present and be heard on the question. The motion was seconded by Mr. Minton and adopted. MOTIONS AND MISCELLANEOUS BUSINESS~ GRADE CROSSINGS-STREET CLOSING~ Council having previously referred a communication from the City Planning Commission, recommending that the city close a portion of Second Street, N. E., in connection With the acquisition of land from T. E. Roberts, et al, for the Jefferson Street Grade Crossing Elimination Viaduct and Project, to the City Attorney for the proper procedure, and the body having subsequently approved a contract between T. E. Roberts, et al, and the City of Roanoke, providing for the conveyance of certain land to the city in exchange for the closing of a portion of Second Street, N. E., as one of the conditions of said contract, Hr. Young again brought the'matter to the attention of Council and moved that the City Attorney prepare the necessary notice of publi~ hearing, to be published by the City Clerk, and also prepare draft of proper Ordinance providing for the closing of the portion of Second Street In question. The motion was second by Hr. Woody and adopted. .369 STOPJ/ DRAINS= Hr. Young brought to the attention of Council and the City Manager that because of a heavy rain between 12800 o'clock, noon, and ltO0 o'clock, p. mo, Saturday, Hay 29~ 1954, the intersection of Melrose Avenue and Forest Park Boulevard~ No Wo, was flooded~ Hr° young stating that he was under the impression that there was a large storm drain within a block of this intersection~ and moved that the matter be referred to the City Manager for an investigation of the feasibi] [ty of constructing a catch basin and feeder line into the storm drain with an estimate of the cost thereof and to report back to Council vith his recommendation° The motion was seconded by Mr° Minton and adopted. PARKS AND PIAYGROUNDS$ Mr. Mlnton having previously asked the City Manager to investigate the matter of lightin§ the tennis courts in Eureka Park~ he again brought to the attention of Council the fact that the park is inadequately lighted, Hr. Minton pointing out that the tennis courts in the park have no lights at all as a consequence the children in that area are forced out of the park hy darkness. In a discussion of the matter, upon questioning By Hr. Minton as to the cost of lighting the tennis courts, the City Manager advised that poles for the lights are already available and that to purchase and install the lights will cost approximately $500.00; whereupon, Mr. Minton moved that an Ordinance appropriating $500.00 for this purpose be adopted. The motionwas seconded by Hr. Hanes. After a lengthy discussion of the matter, Mr. Hanes offered a substitute motion that the City Manager cause a survey to be made of all the public parks in the city as to the lighting therein and the cost of having metered lights installed on the tennis courts in the parks at strategic locations throughout the city and report back to Council at its next regular meeting on June 14, 1954. The motion was seconded by ~Ms. Pickett and lost. After a further discussion of the matter, Hr. Minton withdrew'his original motion and offered the following emergency Ordinance appropriating $1,000.00 for lighting the tennis courts in Eureka Park and Fallon Park: (#12150) AN ORDINANCE to amend and reordain Section #143, "Departmental Equipment and Improvements", of the 1954 Appropriation Ordinance, and providing for (For full text of Ordinance, see Ordinance Book No. 20, Page 197.) Hr. Minton moved the adoption of the Ordinance. The motion was seconded by ~M. Woody, and after a still further discussion of the matter, adopted by the lng vote= AYES: Council members Hanes, Mlnton~ Pickett, Waldrop, Young, and the Presid et, Mr. Webber ................ 6. NAYS: Mr. Woody ............ 1. Mr. Waldrop then moved that the City Manager investigate and report to Council on the cost of constructing tennis courts with metered lights in the William. son Road area, said report to be submitted to the body at its next regular meeting on June 14, 1954. ~ne motion was seconded by Mr. Young and adopted. MUNICIPAL COURT ROOM: Council having previously directed the City Manager to present a detailed plan and estimate of cost for air conditioning the Municipal Court Room out of the unexpended balance of funds appropriated for remodeling the Circuit Court Room~ Hr. Minton again brought the matter to the attention of the body~ stating that he believes the court room should be air conditioned, and moved that 37O the City ganager submit to Council at its next regular meeting on June 14, 1954, an estimate of the cost off air conditioning the room and advise the body whether or not the york can be accomplished out of the unexpended balance off funds appropriated for re,airs to the HunicipaX Building. The motion was seconded by Mr. Hanes and adopted o There being no further business, Council adjourned. APPROVED COUNCILt REGULAR HEEI'ING! Hoodayt June 14~ 1954, The Council o£ the City of Roanoke met in regular meeting in the Circuit Court Roon in the Huniclpal Bullding~ Honday~ June 14, 1954t at 2sO0 o~clock~ p. m.~ the regular meeting hour, with the President~ Hr. Webber, presiding, pRESENT: Council members Hanes~ Hinton, Pickett, ~aldropt Woodyt Young~ and the President~ Mr. Webber .......... 7. ABSENTz None--[ ............ O. OFFICERS PRESENT: Mr. Arthur S. Owens~ City Manager, Mr. Randolph G. Whittl~ 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 Earl T. Gentry, Pastor of the Valley View Wesleyan Methodist Church. MINUTES: Copies of the minutes of the regular meeting held on Monday, May ~ 1954, and the adjourned regular meeting held on Tuesday, June 1, 1954, having been furnished each member of Council, upon motion of Mr. Woody, seconded by Mr. Minton and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON ~LIC MATTERS: STREET CLOSING: Notice of a public hearing on the question of permanently vacating and discontinuing a portion of Second Street, N. E., between Shenandoah Avenue and Wells Avenue, In connection with the acquisition of land from T. E. Roberts, et al, for the Jefferson Street Grade Crossing Elimination Viaduct and ProJect~ having been published in The Roanoke World-News, setting the time of the hearing at 2:00 o'clock~ p. m., Monday, June 14, 1954, the matter was before Counci No one appearing in opposition to the closing of a portion of Second Street and no cormuntcattons on the subject having been received~ Mr. Young moved that Cou concur in the recomnendation of the City Planning Commission that the portion of th street in question be closed and that the foll~wing Ordinance be placed upon Its first reading. ~The motion was seconded by Mr. Woody and adopted by the following AYES: Council members Hanes, Minton, Pickett, Waldrop, %foody, Young, and the President, Mr. Webber .......... 7. NAYS: None ................. O. (~121S1) AN ORDINANCE permanently vacating, and discontinuing the use there, for street purposes, an easterly portion of Second (formerly Holliday St.) Street, N. E., between Shenandoah and Wells Avenue, N. E., in order to provide a uniform width for said Second Street~ N. E., between the aforesaid Shenandoah and Wells Avenue, N. E., and a uniform northerly approach to the Jefferson Street ~rade Crossing Elimination Viaduct and Project. %rHEREAS, the easterly line of Second (formerly Holliday St.) Street, N. E., between Shenandoah and Wells Avenue, N. E.t contiguous to the real estate of T. E. and W. J. Roberts, is a greater distance from the cemter line of the proposed Jefferson Street Grade Crossing Elinination Viaduct and Project than is the westerl line thereof, and ~.%IEREAS, this Council and the City Engineer are of the opinion the above- mentioned portien of said street, which will constitute the northerly approach to the said Viaduct, should be of unlforn width, and oil 372 FYHEREAS, in order to make the northerly approach to said ¥1aduct uniform it is necessary to permanently vacate! and discontinue the usa thereof for street purposes, an easterly portion o£ Second (formerly H0111day St.) Street, N. E., contiguous to the real estate o~med by ?. E. and W. J. Roberts, between Shenandoah and ~'ells Avenue, N. E.~ and ~R~AS, the said T. E. and W. J. Roberts are the only persons who could be materially affected by the permanent vacating, and the discontinuing of the use thereof for street purposes, of said easterly portion of Second Street, N. contiguous to their said real estate~ and have consented thereto, nevertheless, thil Council has caused legal publication to be made of the fact that it would hold a public hearing this day at 2 o'clock p. m., in the Council Chamber in the gunicipal Building, Roanoke, Virginia, on the question of permanently vacating, and lng the use thereof for street purposes, the aforesaid portion of said street in order to provide a uniform width therefor ?~tween the aforesaid Shenandoah and %'ells Avenue, N. E., and, accordingly~ a uniform northerly approach to the Street Grade Crossing Elimination Viaduct and Project, and %~R~S, no citizen appeared to voice any objection to the permanent vacation, and discontinuance of the use thereof for street purposes, of the herein- after described portion of said street. ~tEREFORE~ BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the hereinafter described easterly portion of Second (formerly Holliday St.) Street, N. E., bet%'een Shenandoah and Wells Avenue~ N. E., be~ and same is hereby, permanently vacated~ and the use thereof for street purposes discon- tinued, viz.: BEGINNING at a point on the present east line of Second Street, N. said beginning point being located N. 1~ 08' SO" E. 0.85 of a foot from the present northeast corner of Shenandoah Avenue, N. E., and Second Street; thence through a portion of Second Street and with a curved line to the right an arc distance of 36.87 feet to a point of tangency (radius of said curve being 20.0 feet with a chord bearing distance of N. 36~ ~1' 4S" W. 31.86 feet); thence N. 15° 56, 46" E. 76.79 feet to a point on the present east line of Second Street; thenc~ w~th same S. 1: 08' SO" W. 99.35 feet to the place Of BEGINNING, and containing 1,144.0 square feet, more or less; as sho%~ in green on Plan No. 4000-16, on file tn the Office of the City Engineer; All bearings refer to the nertdlan of the Official Survey of the City of Roanoke, Virginia; provided, ho%'ever~ that the City specifically reserves a construction easement over all of the aforesaid real estate until such time as the Jefferson Street Grade Crossing Elimination Viaduct and Project shall have been completely finished. 2. That the City Engineer and the Planning Engineer he, and each is hereby directed to cause proper memoranda to be mmde on the mmps and records in their respective offices showing the permanent vacating, and the use thereof discontinued for street purposes~ of the above-described portion of said street. S. That the City Clerk be, and he is hereby, directed to cause a copy of ordinance to be admitted to record in the Clerk's Office of the }~stlngs Court of the City of Roanoke, Virginia. The Ordinance having been read, %~s laid over. PETITIONS AND CO}~FFKICATIONS: ZONING: A petition signed by Mr. G. J. ~'alpert, Attorney, representing Mr. Charles A. Austin, asking that property located on the north side of Shenandoah Avenue, N. W.~ between Cromrmorr Street and Westwood Boulevard, des~ribed as Lots 1 iand ~, Block 1, Section ~, Oregon Park, Official Nos. ~640528 and ~640529, be rezoned from General Residence District to Business District~ %~s before Council. On motion of Hr. Young, seconded by Hr. Waldrop and adopted, the petition re~erred to the City Planning Co~miseion for study, report ar~ recom~endation to Council at its next regular meeting on Monday, June 2S, 1954, ZONIRG: A communication from Hr, J, An Ellett, Attorney, representing CharlE Mo Sherrlll and Temple Eo Sherrlll, asking that property located on the easterly of Franklin Road, S. W., designated as Official No. l:K)0401, be rezoned from Cenera] Residence District to ~usiness District for a depth of 125 feet, was before Council. On motion of Hr. Hanes, seconded by Hr. Minton and adopted, the communicable was referred to the City Planning Commission for study, report and reco-~mendation tc Council. ZONING~ A petition signed by Elmer K. Shumate and Frances E. Shumate, Walte: B. Shumate and Mary C. Sh=mate, and It. C. Shumato and Bertie M. Shumate, asking tha! property located between Brownlee Avenue and Underhlll Avenue, S. E., in the vicinity of Spruce Street, described as Lots 9-13, inclusive, and Lots 22-26, inclusive, Block 5, Eastover Place, and all of Block 6, Eastover Place Map, be rezoned from General Residence District to Light Industrial District, was before Council. On motion of Mr. Minton, seconded by Mr. young and adopted, the petition was referred to the City Planning Comnission for study, report and reco~endation to Council. RESOLUTIONS OF APPRECIATION: A co~-~unicatinn from Mr. Robert P. Hunter, Director of Parks and Recreation, together with a resolution adopted by the Roanoke Recreation Association, expressing appreciation and co~uendation for the services rendered by Margaret B. Smith as Supervisor of Playgrounds and Community Centers for the City of Roanoke, was before Council. Mr. Waldrop moved that the communication and resolution be filed and that the resolution be spread upon the minutes of Council~ as follows: "A RESOLUTION of appreciation and commendation for the services rendered by Margaret B. Smith as Supervisor of Playgrounds and Cor~unity Centers for the City of Roanoke. WHEREAS, Margaret B. Smith on the 1st day of February, 1949, was engaged by the City of Roanoke as Supervisor of Playgrounds and Co~munity Centers, and ~PEREAS, her services with the City of Roanoke have been marked by forge- ful leadership, a keen per~eption of recreational and playground activities, with the ability to solve difficult and mmnifold problems with fairness and foresight, and a personality and enthusiasm for her chosen work which has redounded to the public generally and contributed to increased center and play activity, and WP2/REAS, the said Margaret B. Smith has voluntarily tendered'her resignation as Supervisor of Playgrounds and Community Centers much to the regret of the Roanoke Recreation Association, effective as of April 1, 1954, to engage in similar work at the Juvenile and Domestic Relations Court where her efforts and leadership will be of a broader scope, and ~/~EREAS, this body is appreciative of her outstanding services and the development of playgrounds and centers under her.leadership, and deems it proper that a permanent record be made thereof. IMEREFORE, BE IT RESOLVED by the Roanoke Recreation Association, in grateful recognition of the faithful and efficient service rendered by Margaret B. Smith as Supervisor of Playgrounds and Com~zunity Centers, that there be, and is hereby extended the Association's sincere appreciation and commendation for her energy, leadership and other attributes peculiarly fitting her for her chosen work, and her valuable contribution in the development of recreation and park activities of the City. BE IT FUR~F~R RESOLVED that the Secretary be directed to deliver a attested copy of this Resolution to Mrs. Smith~ and also to City Council the City of Roanoke." The motion was seconded by Mr. Hanes and adopted. STREET LIGHTM: A co~r~nication from Mr. H. E. Myers, 1472 Craig-Robertson Road, S. E., asking that a street light be erected in front of his house, was before Council. 373 On motion of Mr. Woodyt seconded by Mr. Yaldrop and adoptedt the request val · efurred to the Clty Manager for study, report and reco~mendation to Counello ~CHOOL BOARD8 A co~unication from the Commonwealth Citizens Association, ~ndorsing Mr. Ira J. Womack as a successor to Dr. Ac L. James on the Roanoke City School Board, ~as before Council. On motion of Mr. Young, seconded by Mr. Hlnton and adopted, the communicatl~ was filed for further consideration when the School Board appointments are made. TRAFFIC8 A communication from Hr. Ralph Thomas~ President of the American Automobile Association, advising that the City of Roanoke vas First Place winner among all cities 50~000 to lOOtO00 in population~ in the 1953 National Pedestrian Protection Contest sponsored by the American Automobile lssociation~ vas before Council; also~ a letter of con~ratulations fromKr. Leonard K. Baber~ Presidentt Automobile Club of Virginia. Mr. Young moved that the conmaxnicatlons be filed. The motion was seconded by Mr. llanos and adopted. REPORTS OF OFFICERS~ RIVERDALE CIVICS CLUB: Council having previously referred a com~unicatlon from the Riverdale Civics Club, requesting certain improvements In the Riverdale area~ to the City Manager for study and report, he reported as follows: 1. Request that steps be instituted to restrain people from throwing empty beer cans~ etc., on the cleared area on the river bank. The City }%nager reports that signs have been placed along this area in an attempt to keep it clean. That sufficient police are not available to police the bank and break up the practice and that persons in the area could help the pol~e break up the practice by appearing as complain~ against anyone seen throwing paper, beer cans~ etc.~ into the area. 2. Request that steps be taken to determine the number of property in Riverdale not now connected to the city sewer line and the enforcement Of the existing Ordinances in connection therewith. ~he City Manager reports that he has directed the Building Inspector to take necessary action to require all property o%~ers in the area not connected to sewers to do so where existing sewers are available. 3. Request that necessary action be taken to relieve improper drainage on the streets in the area and to eliminate chug-holes therein. The City Manager re~orts that a survey of the area in connection with this complaint has been accomplished and that the Director of Public %Jorks has assured that drainage ditches would be kept open and streets properly maintained. 4. Request for advice as to when Padbury Street, S. E., will be widened. The City Manager reports that the city has a fifty-foot right of way along this area and that the city will be happy to w~den the street if the citizens will pay one-half the cost of curb and gutter. 5. Request that a stop sign be placed at the intersection of Riverdale Road and Nineteenth Street. The City Y~nager reports that two surveys by the Police Department and a further investigation by his office does not ~ustify a stop sign at Riverdale Road and Nineteenth Street~ S. E. 6. Request for an investigation to be made into the traffic hazard which is present at the intersection of Bennington Street and Mount Pleasant Roulevard~ S. E. The City Manager reports that a survey has been made of this corner and shows that there is a stop sign at the Junction of Rlverdale Road or Bennington Street where it Junctions with Mount Pleasant Boulevard, that the request is not dear and that he will have representatives of the Traffic Department meet with representatives of the Riverdale Civics Club and find out exactly what their complaint is. 7. Opposition to rezoning of property at the corner of Bennington Street and Carlisle Avenuet S. E.~ from residential to business district. ?he City Manager reports that this is a zoning .matter which he believes will come up in subsequent order. Note: In connection with Item ?~ it was pointed out that the applicatio! referred to was for a non-conforming permit~ that the application has be( denied and that the Riverdale Civics Club has been so advised. Hr, Woody moved that Council concur in the report of the City Harmger. The motion was seconded by Hr. Minton and adopted. %flL~WOOD CIVIC LEAOUEI Council having previously referred a communication from the ~Ildwoocl Civic League: requesting certain improvements at the lo~r end of Orange Avenue: N. E., to the City ~fanager for study and report, he reported as loll( 1. Request for stop light at Vlnton Road and Orange Avenue: N. E. The City Manager reports that a large sign warning persons entering the main highway at this point to come to a full stop Is in existence and that the traffic load does not justify a traffic light as of now. 2. Request for gutter graded on both sides of Orange Avenue from city limit: on Route 460 to Vlnton Road. The City 14anager reports that accomplishment of this request would place an open ditch drain in front of two commercial establishments and that the area from there to the city limits %~s open, that he does not feel it would be fair to inconvenience the two co=~ercial establishments, that If the propertv o%mers would furnish pipe for drains the request could be accomplished. 3. Request for placement of a slow or speed zone sign at city limits on Route 460 entering the city. The City Manager reports that there is a city limits sign showing Speed Limit 25 MPH and another sign a quarter of a mile inside of the city showing 25 M~t Speed Limit; also~ another "Protect Our Children" sign in the same area, and that he feels the area is adequately marked. 4. Bequest for street light at Twenty-fourth Street and Orange Avenue, N.E. The City Manager reports that the street light at T~nty-fourtb Street and Orange Avenue, N. E., is needed and recommends that the City Council authorize the installation thereof. Mr. Waldrop moved that Council concur in the report of the City Manager. Th, motion was seconded by Mr. Young and adopted. AIRPORT: In response to a request from Councilman Robert W. Woody for a study of improvements at the Airport, the City Manager reports that he has had citizens who are interested in the Airport and who have knowledge o£ its needs view the situation and that they approve the four proposals of Mr. Marshall L. Harris, Airport Manager, in which the City Nanager concurs: 1. Constnuct a free form canopy, supported by thin iron grill work mounted on top of metal flower boxes, at the present restaurant entrance~ with plastic lettering of the word "Grill" suspended therefrom. Under the canopy arrange for attractive planting and adequate lighting. 2. Repaint the interior of the restaurant with cool harmonizing colors whic] will overcome, to a psychological degree, the heating effect of the lar windows. 3. Remove the existing venetian blinds and valance, with the draperies on either side, and substitute modern neutral color spun glass curtain hung over the windows, and lower the existing flower boxes to a point level with the green tile window frame. 4. Refinish and reupholster the existing tables and chairs in a style which will compliment the painting recommended in 2. Mr. Woody moved that the recommendation of the City Manager be deferred unt: 1955 budget study. ?he notion was seconded by Mr. Hanes and adopted. PARKS AND PLAYGROUNDS: Council at its meeting on June 1~ 19~4, having requested the Cl~y Manager to prepare an estimate of the cost for construction o£ tennis courts in the Wllllamson Road area, he reported that the Director of Parks and Recreation has estimated the cost for construction of four tennis courts for th, Willlamson Road area to be located at Preston Park will be $4,250.00. Hr. Waldrop moved that the report of the City Manager be lald over and take~ up in connection with 1955 budget study. Ibc motion was seconded by Mr. Hanes. Mr. Minton then made a substitute motion that Council appropriate $4,250.00 for the construction of the tennis courts in the Wllllamson Road area. ?his motion was lost for want of a second. 376: Council then adopted the motion of Hr. Waldropo STREET IHPROVEHENTS: The ~atter of openin§ Tlpton Avenue, S. Lo, from its ~resent end to Yellow Mountain Road, havinE been before Council at previous meeting~ and on F~rch 8, 1954, when the City Hanager reported that he could not recommend and Council having concurred therein, the City Hanager reported that F~o Charles Eepley under date of ~ay ?, 1954, had offered to convey to the city a fifty-foot strip of land for the purpose of opening Tlpton Avenuet So E., but that he believes it would be contrary to normal good practice concerning the Subdivision Law to the offer and recommends against it. Mr. Hanes moved to concur in the report of the City Manager and that the Manager advise F~. Kepley that it is the senseef Council that he should proceed unde the Subdivision Ordinance for opening this street. The motion %~s seconded by Mr. Minton and adopted. SCHOOLS: A communication from Mr. Luther E. Terry having been before Council at its meeting on ].~y 24, 1954, requesting the erection of baseball backstops at hot Huf£ Lane School and Preston Park School, and referred to %he City Manager for discussion with the Superintendent of Schools and the Director of Parks and Recreatl the City Manager reported that an investigation reveals that there is a backstop at Huff Lane School and that the school authorities are planning to erect a backstop on the grounds of Preston Park School. Mr. Woody moved to concur in the report of the City Manager. The motion seconded by Mr. Hanes and adopted. BUDGET-DEPARTME~;T OF PI~LIC }~LFARE: The City Manager presented a budget Department of Public Welfare, covering the fiscal period July 1, 1954, through June :SO, 1955, totalling $1~062,695.00, for its approval prior to submission to the Stat~ Department of Public Welfare and Institutions. Mr. Hanes moved that the budget be approved for submission to the Departmeni of Welfare and Institutions of the State. The motion was seconded by Mrs. Pickett. After some discussion, Mr. %~oody moved a substitute motion to place the budget on the agenda for the next regular meeting of June 28~ 19~4, and in the interim, for the Director of Public Welfare to furnish Council the following information: 1. A revised statement of the weighted case loads as submitted by him showing his department's case load based on the same period of time over which the average of the other cities were computed. 2. An analysis of the cases on the ATPD category. The motion was seconded by Mr. Yolmg and adopted. AIRPORT: The City Manager presented a letter from ~.~. Frank L. Mitchell, representing the owners of the Bushong Estate adjacent to the Airport, offering to sell said property containing ~4 1/2 acres of land to the city for $~q4,500.00, and stated that in his opinion it might be possible to obtain federal aid for the extension of the runways at the Airport, including the purchase of necessary land and relocation of high%~ys. Mr. Woody moved that the City Manager be directed to prepare a project for lengthening of the runways at the Airport, including the purchase of necessary land the relocation of necessary hig~ways and related work, for submission to the Civil Aeronautics Authority, with a view of obtaining federal aid therefor, and that he coordinate the highway relocation problems with the state and county highway offici and submit the project to Colmcil for its approval. The motion was seconded by ~. Waldrop and adopted. SCHOOLS-PARKS AND PLAYGROUNDSI The City Planning Co~ission having previous] recormended to Council the purchase of land in the ~ashington Heights area near Wyoming Avenue for park purposest and the matter having been referred to the City l.~neger for discussion with the Superintendent of Schools and the Director of Parks Recreation, the City Hanager reported that the tract of land being considered contains approximately six or seven acres and is too small for use as a combined school and park and too large for a neighborhood playground and recommended that matter ~e held in abeyance pending receipt of the results of a survey now being completed by the School Board which he believes will offer valuable information to the City Planning Commission and the parks and schools departments. Mrs. Pickett moved to concur in the recommendation of the City Manager. The motion was seconded by Mr. Waldrop and adopted. STORM DRAIn/SI Council having requested the City Manager at its meeting on June 1, 19~4, to investigate flooding condition at the intersection of ~elrose Avenue and Forest Park Boulevard, !;. ~.~ and the practicability of placing a catch basin and feeder line into storm drain and report the cost thereof, the City presented a report by Mr. John L. %fentworth, Director of Public Works, statinc that there are two catch basins at the intersection of ~elrose Avenue and Forest Park Boulevard, ~. W., and two twenty-four-inch lines runnlnc therefrom to a forty-eight-inch line ~'hlch empties into a small strea~ a little further do~ on ~!elrose and that in him opinion adding an additional catch basin would not remedy the situation because of the extremely heavy collection of rain water at this point during heavy storms, stating further that the facilities now available wlll permit the water to run off in a matter of minutes after the cessation of the storm. The City 1.~nager stated that he concurs in the report of the Director of Public %'forks. ~. Young moved to concur in the report of the C~ty Manager. The motion was seconded by ~. Hanes and adopted. EASE}~N?S-SE~;ER CONSTRUCTION: The City ~{anager presented a request of the Engineering Department for authority to procure a right-of-~y for an eight-inch sanitary sewer line along Glade Creek through the property of Mr. J. H. Cooper, tradlnc as the Vinton Flour and Feed Mills, Incorporated, which property lies on both sides of the corporate llne, and to provide for a six-inch sec'er connection for the said J. M. Cooper on the Vinton side of the line. 5~. Young moved that Council request the City ~anager to inform the owner of the property that it does not wish to enter into a contract for furnishinc connection in connection wi th the procurement of the right-of-way and to negotiate with the owner of the property for outright purchase of the rtght-of-%~y required for the construction of the sanitary sewer line and render his report thereon to Council. The motion was seconded by Mr. Minton and adopted. PARKS AND Pk~YGROUNDS: ~ne City ~ana~er presented to Council a map showing the location of all tennis courts in the city park system, those lighted, those planned for night lighting, and in addition, proposed courts. the report %~as filed. GARBAGE Rn'MOVAL: The City Manager presented a tabulation of bids for purcha: of truck chassis for refuse truck bodies, along with a report of the Purchasing Agent showing that the low bidder had not complied with the city's specifications. 377, The City ~n~ger stated that the cost of the equipment being in excess of $$~000o00, it ~ould have to be approved by Council before the purchase could be consurm~ted. ~ro Minton moved that the bids be referred to a committee consisting of ~esSrSo Manes~ Woody~ Waldrop~ Owens and Wentworth to study and ~ake a recom~endatl to Council at its next regular meeting. The nation was seconded by Rrs. Pickett adopted. CIUf PLANNING CO,~4ISSION~ The City ~nager reported the appointment of Mrs. ~ry U, Pickett as a member of the City Planning Co~mlssion to serve during the te~ of her office as City Council member. The report was flied. ROk~OKE RIVER: The City Manager reported that with the aid of the Interclub Council ~o had donated funds in the amount of $1,194.60 for use of placing floweri~ crab-apple trees on the river bank, 760 trees have been planted to date, and that he has extended the river drive under E~lnut Avenue bridge from Piedmont Avenue for a distance of 2,000 feet. ~.e report was filed. TRAFFIC-~CRASE OF PROPER~f: ~ne City Planning Cor~lssion having reco~mende the purchase of two lots at the intersection of Main Street and Brandon Avenue, S. W., for widening of the street and elimination of traffic hazards, and the matte; having been referred to the City Man~ger by Council at its meeting on June 1, 1984, for preparation of a plan and estimate of the cost thereof, the City Manager submlt~ his report thereon. Mr. Hanes moved that the o~mers of the property in question having made a request for rezonfng of said property, and the request having been referred to the City Planning Commission, the matter be laid over and placed on the agenda for the next regular meeting of Council on June 28, 1954. The motion was seconded by Mrs. Pickett and adopted. ~ATER DEPAR~4ENT: The matter of the contract for restoration of streets where the Water De~nrtment has made cuts therein having been before Council at ~revious meetings, and Council at its meeting on JUne 1, 1954, having instructed the City Manager to advertise for bids for this contract for a six months period beginning July 1, 1954, the City Manager reported that it would be difficult to comply with the request of Council in the time allowed since it would be necessary to obtain certain information as to standards from the State Highway Department and requested that he be given a three months delay and authorized to advertise for bids for six months beginning September 1~ 1954. Mr. %,foody moved to concur in the request of the City Manager. The motion was seconded by Mr. Young and adopted. GRADE CROSSINGS: The City Manager presented two invoices from the Common- wealth of Virginia for the city's proportionate part of the cost'of the right-of- ~my for the Jefferson Street Grade Crossing Elimination Viaduct and Project amountir to $7S,279.23 and $25~985.94, respecttvely~ with the request that they be approved for payment. Mr. Young moved that the City Attorney be instructed to prepare the proper Resolution approving the payment of the said bills. The notion was seconded by Minton and adopted. ~JNICIPAL COUP? ROOH: Cotmcil having previously requested the City Hanager to prepare an estimate of the cost for air conditioning the HUnicipal Court Room and report to Co~cll, the City ~er reported t~t the ~nicipal Court Hoo~ coul~ ~ air conditioned at a cost oF $1~2~.~ t~t no f~ds need ~ approprlated~ ther~ ~el~ ~ufFlclent f~ds In the Bep~lrs accost of the ~lcl~l ~lldlnz ~d~et, and reco~ended that he ~e avthorlzed to accomplish the alt conditioning of ~ald court Hr. I.Hnton mov~ to concur In t~e report and reco==endation oF the City ~an~er. ~e motion ~ seconded ty Hr. Rane~ ~nd adopted. S~? ~IGHTS: ~e City Manager presented a reco~endatlon that street lights ~ lnz~lled at varlovs locations throughout the city. ~. Youn~ moved that Co~cll concur In th~ reco~e~ation of th~ Ctty ]~a~ger and offered the followln~ Resolution: (~12152) A RESOLUTION authorizing the lnstallation of street lights at various locations in the City of Roanoke. (For ~11 text of Resolution, see Ordinance Book No. 20, Page 199.) Mr. Yo~g moved the adoption of the Resolution. ~e motion was seconded by ~r. ;41nton and adopted-by the following vote: A~S: Council members Hanes, Mlnton~ Pickett, %?aldrop~ ~.?oody, Young, and the President, Mr. %febber ........... 7. NAYS: None .................. O. CI~ AUDI~R= ~e City Auditor reported the appolntnent of Mr. %?lllfam F. Grlggs as Assistant City Auditor, effective June l, 19~, subject to the approval of City Co,oil. ~. Yo~g offered the followlng Resolutlon approving the appointment of D{r. Grlggs: (~12153) A RESOLUTION approving the appointment of one (1) deputy or asslstant city auditor; and providing for an emergency. (For ~ll text of Resolution, see Ordinance Book }io. 20, Page 2~.) }{r. Youn~ moved the adoption of the Resolution. ~e motion was seconded by D~r. Hanes and adopted by the following vote: A~S= Co,oil members Hanes~ ~{lnton~ Pickett, ~.?aldrop, ??o~y, Young~ and the President, D~. ~eBber .......... 7. NAYS= None ................. O. RE~R~'OF COD~IT~S: S.fA~ DEPOneNT: Co, oil by Resolution No. ll6~, adopted on the 29th day of December, 1952~ having appointed a committee composed of the City ~-~anuger, the City Engineer, the Clty Attorney~ the City Auditor, the Engineer in Charge of Construction of the ~ater Department, the Mayor and Council~n %~lter L. Young to study and report, among other things, replacement of the present storage facilltle: In the rear of its Salem Avenue property, the co~ittee submitted the following recommendation= ~at the proposal as outlined by }~r. Moore's plans for the constr~ tlon of necessary shed and shop on the Rollins Road property~ kno~ as the Ntninger Property, for the approxl~te cost of ~0,~.~ be approved, and that the ~ater Department Be authorized to ~ke necessary archltectural dra~ings and provide plans to ~e presented to Co~cll for their approval and subsequent bid tf Council so decl( ~{r. %?oody moved that Co,oil concur in the report of the committee. ~e notion was seconded by DIr. ~aldrop and adopted. 379 380 SEW~RS~ Council having previously referred to a committee consisting of the City Manager~ the City Auditor, the City Attorney~ the Acting ~nager of the Water Department, the Engineer in Charge of Construction of the Water Department and the ~Myor requests from several property owners outside of the City of Roanoke for connectl6ns for study and recort~endation to Council of a basic policy to be followe~ in the future and a recor~.endatlon for action to be taken in connection with tho request of J. B. llarris and C. Il. Davis, as presented by their Attorney, T. L. Jr., the committee suk~ltted the following reportl "You referred to a comz~lttee, consisting of'the officials named below, the request of Attorney T. L. Plunkett, representing J. B. Harris and C. M. Davis, that a real estate developaent, o~ned by the last-named gentlemen, permitted to connect the sanitary sewers to be installed in such developmeni to the Cltyts sewer system. The coxmlttee was further directed to study th! particular request with the view in mind of recoxmendlng a basic policy to bo followed in the future. Your co~ittee mat on l.fednesday, June 2, and after a lengthy which brought forth ~any complexities, report as follows: 1. Your committee believes that City Council and Roanoke citizens are and should be most sympathetic with County residents who desire to clean up Roanoke River and its tributaries. 2. Your cormlttee does not feel that the City should enter into contracts with the o%~]ers of real estate situated in the County, pursuant to which sewage originating within such area would be transported through the City's sanitary sewers and treated at its sewage treatment plant. ~. Your co~nlttee is of the opinion that ~{r. Phknkett's request and all similar requests should be directed to the Hoard of Supervisors of Roanoke County. 4. Should the Hoard of Supervisors of Roanoke County desire to enter into contracts with the City pursuant to which the City would transport through its sanitary sewer system and treat at its sewage disposal plant se%~ge originating within defined county areas, your co~nittee is of the opinion that Council should make every reasom%~le effort to agree on mutually acceptable terms with the County for the rendition of such service !.~. !4~nton moved that Council concur in the report of the co~mittee. ~n.~e motion %ms seconded by ~fr. Hanes and adopted. UNFINIS!~D BUS I ~,-F~ S: SCHOOLE-PARKS AND PLAYGROUNDS: Council at its meeting of April 19, 19.54, having referred the question of a name for the Ta~ewell !forgan Heirs property in the Kenwood-Idle%~ild section %~htch had been acquired for park purposes to the City Planning Co~mission, and the City Planning Co~nission having reported to Council that this tract of land had not been dedicated for park purposes and having that Council so dedicate the land and name tt "Thrasher Park", and Council at its meeting of Hay 17, 1954, having requested that the Director of Parks and Recreation recommend a name for the park and that the Roanoke City School Board advise if it any plans to erect a school building on this property in the future, the Director Parks and Recreation advised Council that his department concurred in the tlon of the City Planning Co~mission that the park be named "Thrasher Park" and the Superintendent of Schools advised that the Roanoke City School Board is not in a .oosition to give a definite answer as to the possible location of a school on this property at the present time, but that dedication of the land for use as a school site does not preclude the use Of the same land as a part of the park systemt it being the belief of the school administration that all school facilities should be available to the coxmunlty on a twelve-months basis. Hw. ¥~ldrop moved that the matter be referred to the City Attorney for the preparation of a Resolution dedicating the property for park purposes and naming it "Thrasher Park". The ~otion was seconded by l{r. Hanes and adopted. ZONING: The petition of l~. J. E. Duerson, Real Estate Agent, asking that property located on the northeast corner of I4elrose Avenue and llIneteenth Street, ~tt, N, W,t ~e rezoned from Special Residence Dlstrlct tn Business Dtstrlctt l~ving been referred to the City Planning Commission for sbudy, report and recommendation ab th~ meeting of Council on Hay 3, 1954~ the City Planning Commission reported that after hearing the petitioner and inspecting the property in question the Commission is of the opinion that there is no necessity for additional property to be rezoned at this time in t~at neighborhood and that since the property in question is suitable for residential purposes that the proposed rezoning would result in "spot" ~onlng~ contrary to the interests of the residential oWners in the i~nediete neighborhood, the City Planning Conaission reco,~aending that the request of the petitioner be denied. In this connection, Mr. Duerson~ who was present at the meeting, requested that a public hearing be held by Council on the question of granting his petition. Mr. %~aldrop moved that Councll hold a public bearing on the mmtter at 2:00 o'clock, July 12, 19S4, and that Mr. Duerson have his Attorney prepare the necessar) notice of said public hearing, to be approved hy the City Attorney and published by the City Clerk. The motion was seconded by Mr. %Ioody and adopted. WATER DEPAR~.!ENT: Hr. R. I. Brooks having previously ~ade request for a connection to the ~ter main on Route 460 at Peters Creek Road Just outside the city limits, and on reco~endation of the City l(anager Mr. Brooks having been informed that it will be necessary for him to co~ply with Rule 26 of the Rules and Regulations of the %:ater Department in order to obtain city water service, ~!r. Brooks again requested Council to consider his request, stating that a county ;resident in his viclnity whose property line is approximately 4~0 feet from the ;city water main was given water service, that the resident in question had been ;required under Rule S6 to pay for the entire cost of the service line, meter and ~meter setting and that he too ~s willing to make his connection on the sa~e kasis under Rule S6, further that his property is only approximately S25 feet from the . city water main and that he %~uld be willing to enter into such agreement with the iWater Department as Qould be necessary to insure that the line from the ci~y water imain to hfs property would not be used for any other purpose except to furnish the ;nroperty as it now exists and that in the event of any future expansion of the ibuildlng on his property or subdivision thereof he would be willing to scrap the presently requested line and comply with Rule 26 of the l-%ter Department in effect at the time of the change. · Mr. Young moved that the matter be referred to the City Manager with the request that he confer with }~r. Brooks and the Acting [ianager of the Water Depart- ment in an attempt to arrive at a solution, l~ne motion %ms seconded by Mr. Ranes and adopted. CONSIDERATION OF CL~II.~: None. I~ITRODUCTION AND COIISIDE~HATIO;~ OF ORDI]~.kNOES ARD RESOLUTIONS: GRADE CROSSINGS: Ordinance No. 12148, establishing a public alley between Norfolk Avenue and Salem Avenue, S. E., leading from First Street in a westerly direction, in connection with a previous agreement provided for in Ordinance No. 12094 relating to the Jefferson Street Grade Crossing Elimination Viaduct and ProJec , having previously been before Council for its first reading, read and laid over, again before the body. In this connection, the City Clerk brought to the attention of Council a co.."munlcation from the City Planning Com~lsslon, reco~ending that the alley be dedicated for public use, subject to the approval of all parties interested, in 381. 382 leu of the proposed alley previously recommended by the City Planning Commission ,etween Jefferson Street and First Street, S, B,, leading Prom Norfolk Avenue in a ~outherly direction, Mr. Woody moved that Council concur In the recommendation of the City Planni~ Co~ission and offered the following Ordinance for its second reading and final adoptiont (#12148) AN ORDINANCE establishing a public alley between Norfolk and Salem Avenues, S. E., leading from First Streett S. E., in a westerly direction~ under a portion of the Jefferson Street Grade Crossing FAlmination ¥1aduct and within a par~ of the right of way thereof. (For full text of Ordinance, see Ordinance Book No. 20, Page 198.) Mr. ~%ody moved the adoption of the Ordinance. The motion was seconded by Hr. Young and adopted by the following vote: A%~S: Council members Hanes, Minton~ Pickett, Waldrop, %~oody, Young, and the President, MA'. Webber ......... 7. NAYS: None ................. O. ~ATEH DEPAR~.~NT: Council at its last meeting having deferred action on the adoption of an Ordinanoet authorizing and providing for the introduction of a fluoride ion into the City of Roanoke~s ~fater Supplies, in order that interested citizens might again have an opportunity to be heard, the matter was again ~efore the body. In this connection, the City Clerk brought to the attention of Council comnunicatlons from the Business and Professional ~omen~s Club, the Pilot Club and Dr. John A. Martin, favorin~ fluorldatlon~ and co~xmlcatlons from 5~s. H. Gordon Lewis, 5~s. Claude W. Dlckerson~ Mr. and Mrs. Lent'God l.~rttn, Mrs. Dorothy L. Fell~ Hiss Una Carter, Mrs. Gladys Mose~y, Mrs. Jesse Carter and Mrs. Lucllle Creasy~ o~posin~ fluoridation. Appearing in opposition to fluoridatlon~ ~ere ~. R. R. Banner, Miss Lucy J. Stearnes, Captain I~mlcolm L. Worrell~ Chairman of the Citizens Co.-~.ittee on Fluorldation~ and ~. Hansom B. Houchins~ Attorney, representing the Citizens Committee on Fluoridation. Appearing in favor of fluoridation, ¥~ere Dr. John A. Martin and Dr. ~ron E. Henderson. Mr. Houchins requested that Council call a referendum for the citizens to rot the question of fluoridation and stated that the Citizens Committee on Fluorida- tion is prepared to take legal action to prevent the fluoridation of the City of Roanoke's %later Supplies, if necessary. Everyone present having been given an opportunity to he heard on the questior and the matter having been discussed at length, ~.~. 1-faldrop moved that the Ordinance be placed upon its first reading. The motion %~s seconded by Mr. Hanes adopted by the following vote: A~S: Council members Manes~ Pickett, %faldrop, Ifoody, Young, and the Presfden ~. %febber .......... 6. NAYS: Mr. Minton ........... 1. (~12154) AN ORDINANCE authorizing and providing for the introduction of a fluoride ion into the City of Roanoke's Yfater Supplies. %.~iREAS, there have ~een requests for the introduction of a fluoride ion into ~he City water supplies in such quantities as are required to maifltain throughout ~he water distribution system a fluorlde ion Concentration of approximately one part per nillion, and ,! %~tEREAS! a~on~ otherst the Roanoke Junior Chamber of Commerce~ the Roanoke Academy of Medlclnet the Roanoke Dental Societyt Inc.t the Maple City Medical Socie' and the City Department of Public Health have endorsed the addition of a fluoride /n the water in such quantities as are required to maintain throughout the ~ater distribution system a fluoride ion concentration of approximately one part per million for the partial control of tooth decay. ~[EREFORE, BE I? ORDAINED by the Council of the City of Roanoke as followsz 1. The City of Roanoke %~ter Department~ upon receivin~ tha required permit from the State Department of Health~ sha11~ under the supervision of the Co~missien~ of Public Mealth for the City of Roamoke, proceed with the introduction of a fluorl~ ion into the City's water supplies in such quantities as are required to maintaln~ throuEhout the %~ter distribution syste~ a fluoride ion concentration of approxima erie part per million. 2. The said %later Department shall keep accurate dally records sho~In~ for each supply~ the number of Eallons treated~ the amount of fluoride added and th. fluoride ion concentration of the water before and after treatment. The said %later Department shall also determine the fluoride ion concentration in the ~nter dlstrih tton system at such points as may be directed by the said Co~missioner of Public Health. 3. gna said Co~.nissioner of ~blic Health shall have !eneral supervision ove~ the treatment with fluoride of the public water supplies and the said %later Depart- ment shall romish to the Department of Health of the City of Roanoke copies of the records required under paragraph 2 hereof at such periods of time as may be request( by the said Co~mtssloner of Public Health. CLOSING HOi~$: The City Attorney havin~ ~een instructed to prepare an Ordinance, establlshinE a one o'clock closln~ hour for drive-in theatres and all similar performances~ presented same; whereupon~ }!r. Young moved that the followin i Ordinance be placed upon its first readinE. The motion ~as seconded by Mrs. ?icket~ land adopted by the followin~ vote= AYES: Council members Hanes~ Minton~ Pickett~ Waldrop~ %foody~ Young~ and Prestdent~ Mr. %~ebBer .......... 7. NAYS:None .............. O. (~12155) AN ORDINANCE to amend Chapter 70 of the Code of the City of Roanokt relatin~ to Miscellaneous Offenses~ by addinE a new section~ numbered 16~ prohibiti~ the conduct or participation in the conduct of certain publlc entertainments between the hours of 1:00 o*clock~ a. n.~ and 6:00 o~clock~ a. m.~ dally, where members of the audience are required or permitted to view or Farticipate in same from parked automobiles or other private vehicular conveyance; and providin[ penalties for the violatlon thereof. %~{V~EAS~ Council is of opinion that Fubllc entertaimmenta conducted between the hours of 1:00 o%lock~ a. m.~ and 6=00 o~clock~ a. m.~ where members of the audience are required or permitted to view or participate in such entertainment from parked automobiles or other private vehicular conveyance are inimical to the ~eneral u~lfare and detrimental to the morals~ health and peace of the City end its inhabitants. THEREFORE~ BE IT ORDAINED hy the Council of the City of Roanoke that Chapter 70 of the Code of the City of Roanoke relatin~ to Miscellaneous Offenses be~ and it is hereby, amended by addtn~ a new section to provide as follows. ly 384 Sec. 16. Closing Hours of Certain Entertain~ents! It shall be unlawful for any person~ firm or corporation to conduct or participate in the conduct of any public entertainment within the City between the hours of lsO0 o~clock, au m.~ and 6sO0 o~clock! a. m. any membera of the audience are required or permitted to view or in such entertainment from parked automobiles or other private vehicular conveyance, Any person, firm or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, fined not less than $10.00 nor note than $100,0~ or confined in Jail not more than 10 days, or both such fine and Jail sentence. The Ordinance having been read~ was laid ever. GRADE CROSSINGSs i~e City Clerk brought to the attention of Council draft Ordinance prepared by the City Attorney~ appropriating $12~400.00 to apply m the purchase price of Lots 50-55, inclusive, Ward 5~ according to the l~p of Roanoke and Improvement Company, which are being acquired in connection with the Jefferson Street Grade Crossing Elimination Viaduct and Project; whereupon, lit. Minton the following as an emergency measures (#12156) AN ORDINANCE appropriating $12,400.00 to apply on the purchase price of Lots 50-BS, inclusive, ¥~rd 5, according to the Hap of Roanoke Land & Improvement Company; and providing for an emergency. (For ~ull text of Ordinance, see Ordinance Book No. 20, Page 200.) Mr. Minton moved the adoption of the Ordinance. The motion u'as seconded by Mr. Young and adopted by the following vote: AYES: Council members i~nes, Minton, Pickett, ~-faldrop, Woody, Young, and the President, Mr. Webber ........ 7. NAYS: None ............... O. At this point, Mr. ¥~aldrop was excused from further attendance of the meeting. GRADE CROSSINGS: ?ne City Clerk brought to the attention of Council draft of an Ordinance prepared by the City Attorney~ authorizing the sale of that part of the Tom Poindexter property not needed for a part of the right-of-way for the Jefferson Street Grade Crossing Elimination Viaduct and Pro~ect, to T. E. and W. J. Rokerts~ for $4,S00.00 cash; ~hereupon,l.~. Hanes moved that the following Ordinance be placed upon its first reading. The notion ~as seconded by Mr. %~ody and adopted by the following vote: AYES: Council members Hanes, Mlnton~ Pickett, ~oody, Young, and the Presider Mr. %leb~er ............... 6. NAYS: None ....... O. (Mr. ¥%ldrop absent) (~1~157) AN ORDINANCE authorizing the sale of certain real estate o%~ed by the City to T. E. and ~. J. Roberts, for $4500.00 cash. ¥?F~REAS, by deed dated September ~Sth, 1953, in consideration Of ~9500.00 cash, Ton Polndexter, single, conveyed unto the City of Roanoke the north%~st porti( of Lot 4, %lard 4, Map of the Roanoke Land & Improvement Company, being Parcel No. ~8 Plan No. 4000-9, prepared in the Office of the City Engineer, under date of September 2, 1953, and %StEREAS, the City acquired the aforesaid real estate because a part of it needed as right of way for the Jefferson Stree~ Grade Crossing Elimination Viaduct and Project, and %-:q{EREAS~ T. E. and W. J. Roberts have made the City a written offer to purchase that portion of the aforesaid real estate that is not needed for a part of the right of way of the aforesaid Viaduct and Pro~ect and to pay therefor $4500.00 cash net, and ,! -! ~IEREAS~ I~vid H, Etheridge~ C. ~. Francis, Jr., and R, L, Rush, who appral~ all real estate necessary to be acquired by the City in connection with the afurosa: Viaduct and Project, have each advised the City Manager, in writing, that In their opinion the above-mentioned offer Is fair and should be accepted by the City, and I~2{EAS, the Norfolk and ~festern Railway Company, under its contract with the City for the construction o£ the aforesaid right of w'ay, is equally interested in obtaining a fair price for said land and has agreed to the sale thereof for the price offered, ~tEREFOBE, BE I? ORDAINED by the Council of the City of Roanoke that the proper City officials be, and they are hereby~ authorized and directed to execute, for and on be.half of the City~ a deed, to be approved by the City Attorney, conveyf~ with Special Warranty of title, in consideration of $4500.00 cash, the hereinafter described real estate unto ?. E. and W. J. Roberts: BEGINNING at a point on the newly established east llne of Second Street, N. E., said point being located N. lB: S6' 46" E. 226.514 feet from the point of intersection of the east line of Second Street extended to intersect with the oresent north line of Shenandoah Avenue, N. E., extended; thence continuing with the newly established east llne of Second Street, N. lB: DO' 46" E. 31.027 feet to a point;thence S. 88: 50' 15" E. CS.04 feet to a nofnt; thence S. 1* 08' SO" ~. SO.O feet to a point; thence N. 88' DO' ~S" ~. 70.97 feet to the place of BEGINNING, being a portion of Lot 4, %'ard 4, of Roanoke Innd and Improvement Company~ and containin~ 2,010.15 square feet~ more or less; All bearings refer to the meridian of the Official Survey of the City Of Roanoke, Virginia; reservtng~ however, a construction easement over the land shown for such purpose on Plan No. 4000-18, dated June 8, 1954, on file in the Of£ioe of the City Engineer which said construction easement shall auto~attcul]y terminate upon the full completion o£ the Jefferson Street Grade Crossing Elimination Visduct and Project. The Ordinance having been read, %'as laid over. ~.~TER DEPAR~NT: The Council of the City of Roanoke and the Council of the To%m of Vlnton having previously accepted a Joint report of the !'later Committees of the To%m of Vinton and of the City of Roanoke appointed to confer regarding the settlement of issues resulting from the recent ~ater controversy decision, and the City Attorney having been instructed by the Council of the City of Roanoke to proce, ~ith the preparation of the proper measures carrying out the recommendations of the committees, he presented draft of a Resolution amending the Rules and Regulations of the %rater Department; %shereupon, !~r. Young Offered' the foilowlng: (~121~8) A RESOLUTION to amend the Rules and Regulations for the operation of the l'fater Department of the City of Roanoke by adding thereto a new rule, to-wit RULE ST;said rule governing the terms and conditions pursuant to which the City sell or supply other incorporated municipalities any surplus of water there mmy be over and above the amount required to supply its o%rn fnhabitants~ for resale to ]awful customers; and providing for mn emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 201.) }Ir. Young moved the adoption of the Resolution. The motion was seconded by ~.!r. Minton and adopted by the following vote: AYES: Council members Nanes, ~ilnton, Pickett, Woody, Young, and the President, Mr. %robber .............. 6. NAYS: None ................. O. (Mr. %~ldrop absent) The City Attorney then presented draft Of a Resolution, conditionally authorizing the Town of Vinton to resell surplus %mter purchased from the %~ter Department of the City of Roanoke~ pursuant to Rule 37 of the Rules and Regulations 385 386 sf the Water Pepartnent~ to certain parties residing beyond the corporate limits of the Torn of Vinton~ Including the Blue Ridge ~l~hts area; ~.hereupon~ ~r. Young ~ffered the follo~lng~ (~12159) A RESOLU?ION conditionally authorizing the To~n of Vinton to resell surplus rater ~rchased fro~ the City's ~ter ~partment, pursuant to its Rule 37, to parties residin~ beyond the corporate limits of the To~ a~ vl~in the areas he~ ~eflned~ upon the conditions herein named; and providing for an emergency. (For ~11 text of ~esolution~ see Ordinance ~ok No. ~0~ Pa~e ~.) ~r. Yo~ ~oved the adoption oF the Besolution. ~e n~tton vas seconded ~r. Hanes and ~dopted ty the Follovin~ vote~ ABS~ Co~cil men,ers ~Mnes~ Hinton, Plckett~ ~o~y~ Yovn~ and th~ Presiden~ ~[r. ~bter ............. NAYS~ None ..... O. (~r. ~ldrop absent) SA~ OF P~OP~ ~e City Clerk trm~ht to the ~ttentlon of Co. ell draft of a ~esolution prepared by the City Attorney~ authorizin~ the execution of a deed ~onveyinE the southern part of Lot 18~ S~ctton ?~ N. ~. ~ accordin~ to the l~p .he Official Survey~ heretofore authorized ty Ordinance No. llO~S; ~,hereupon~ [oun[ offered the follovin~ (~1~160) A BESOLUTION authorizing the execution of a d~ed conveyin~ the sour] ~a~t oF Lot 18~ Section 7~ N. ~. ~ accordinE to the ~ap of the Official Survey~ ~retofore authorized by Ordinance No. 110~. (Fo~ loll text oF ~esolutlon, see O~dinance Book No. 20, Pa~e ~.) ~. Youn~ moved the adoption of the ~esolution. ~e ~otion ~,as seconded ty ~r. Nfnton and adopted by the follcwln~ vote: A~S: Council members Hanes~ Mlnton~ Plckett~ ~.loody~ Youn~ and the {r. ~bter ............. 6. NAYS: None ..... O. (~r. ~.~ldrop absent) G~ADE CROSSINGS: ~e City Attorney havin~ teen requested to prepare the ~roper ~esotution~ approvin~ the pa~ent of a bill In the amount of :eceived ty the Comnon~.ealth of Vir~inia fro~ Fay~ Spofford and ~orndike~ Consultin[ ~n~ineers~ for additional services ferfor~ed in connection ~ith the Jefferson Street ]rede Crossing Elimination Viaduct and Project, on a different pro r~ta ~sis than ~reviously provided for in Resolution No. 1~76~ presented sam~; ~hereupon~ ~r. Mlnt~ ~ffered the follo~ing: (~1~161) A ~ESOLUTION rescfndtn~ Besolutlon No. 1~076, adopted by this Cocci ~n the Sth day oF ~a~ch~ 19~; ~pprovin~ the pa~ent of a bill in the amount oF 7176.16 received by the Commonvealth of Vir~ini~ f~om Fay, Spofford and ~orndik~ onsulttng Englneers~ for additional services performed in cormectfon ~Ith the efFerson Street Grade Crossfn~ Elimination Viaduct and Project, at the request of he State Highly Dep~rtment; and p~ovld~n~ for an emergency. (For ~11 text of ~esolutlon~ see Ordinance Book No. 20~ Pa~e ~06.) ~. I41nton moved the adoption of the ~esolution. ~e motion ~gs seconded by ir. Hanes and adopted by the following vote: A~: Council members Ranes, ~inton~ Pickett~ ~foody~ Yo~, and the President ir. ~febber ................ NAYS: None ........ O. (~r. ~faldrop absent) S~CIAL P~I~ Co.nell having previously regvested the Attorney for Pltzer- ~tler ~el Oil Corporation to pre.re an Ordi~nce~ ~rantfn~ Pit~er-~tler ~el Oil .! ~orporation permission to construct~ operate and ~intain a pipe line across and Under 3 1/2 Street, S. E.~ in the vicinity of Albemarle Avenue, and to suh~it same to the City Attorney for approval, the City Attorney presented the draft of Ordinanc~ ito Council; whereuponj Pr. Woody moved that the follovln6 Ordinance ~e plac~ upon ~lts first reading. ~e motion ~s seconded ty ~r. Hinton a~ adopted by the ~ote~ A~S~ Co. ell ~e~bers t~nes, Mlnton~ Plckett~ Wo~y, Yo~g~ and the Presiden {r. ~ebber ............ 6. NAYS= None .... O. (Mr. %~ldrop absent) (~12162) AN ORDINANCE granting a temporary Fermit to Pltzer-Butler ~el 0~1 ~orporatlon to install two (2) ~el oll pipelines under 3 1/2 Street, S. E., at a point approxi~ately 1~.0 feet north of Albemarle Avenue, S. E., upon certain terms ~nd conditions. %.~EAS, appl~cation has been ~de to the Council for the permit here~naftez .~ranted and the granting of the same has been recomzended to the Council by the ~REFORE~ ~E ~T ORDA~}~D by the Council of the C~ty of Roanoke that P~tzer- ~utler ~el 0~1 Corporation be~ and ~% ~s hereby~ ~ranted, a temporal, permit to ~nstall two (2) fuel oil p~pel~nes ~n one (1) d~tch ~:nder S 1/2 Street, S. E., at a point approximately 100.0 feet north of Albem~arle Avenue~ S. E.~ all r~Ehts and pr~v~lezes zranted to the sa~d P~tzer-Butler ~el 0~1 Corporation to be taken and ~xerc~sed only upon the follow~ng conditions: 1. ~at any openings ~n %he public street necessary to be made for the ~nstallat~on of sa~d f%:el oil l~nes shall be made ~n full accordance w~th and pursuant to Chapter 23~ Sec. 7~ of the Code of the C~ty of Roanoke and other applicable ordinances relat~nE %o street open~nEs; 2. ~at the ~nstallat~on of sa~d ~el o~1 l~nes and the restoration of any street surface necessitated by any street opening shall be ~n accordance w~th writte~ plans and specifications prepared by sa~d perm~ttee and approved ~n advance by the C~ty Enz~neer; 3. ~at th~s l~cense shall not be construed ~n any ~nner so as to release ~r exempt sa~d p~rmittee fro~ l~ab~ltty fo~ ne~li~ence ~n the construction, or removal of sa~d fuel oil l~nes; 4. ~at sa~d perm~ttee, by ~ts acceptance of the terms of th~s permit, shall ~e deemed to have aZreed to ~nde~ify and save harmless the C~ty of Boanoke from any :la~m for da~Ee o~ ~nJury resulting ~n any way from the construction, e~stence or · ezoval of sa~d ~el o~1 l~nes; 5. ~at the permit herein ~ranted to P~t~er-Butler ~el 0~1 Corporation shall ~ot be assignable or transferrable; shall expire upon any chanze ~n the present )%~ersh~p or occupancy of the lands co~ected by sa~d p~pel~nes; and that th~s ~erm~t shall be revokable at will by the Council of the C~ty of Hoanoke; and 6. ~at the perm~ttee~ prior to the commencement of the construction of sa~d 'uel o~1 l~nes ~n the street aforesa~d~ shall s~gn the or~E~nal copy of th~s )y which s~gnature ~t shall be deemed to have agreed and bound ~tself to observe and :eep the provis~ons hereof, which s~gned copy of the ordinance shall be retained ~n ~he f~les of the C~ty Clerk. ~I~R-~ ~L OIL COHPO~TION~ President .treat: 387' 1388 The Ordinance having been read~ ~ms laid over. NOTIONS AND HISCELL~t~EOUS BUSIN~SSs None. There being no further business~ Council adjourned. APPROVED e k ¥ ~ Fresident COUECIL~ RESUIAR ~TING~ Monday, June 28, 1954. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room In the Huniclpal Building, Honday, June 28, 1954, at 2:00 o'clock, p. the regular meeting ho~r~ ~lth the ~resident, Hr. Webber, presiding. PRE~E~T: Council members Hanes, Minton, Pickett, Waldrop, %!cody, young, and the President, Hr. Webber ......... ABSENT: Eons .............. O. OFFICERS PP.V~ENT: IL. ltarry R. Yates, City Auditor and Acting City Hanager ~M. Randolph G. %fhittle, City Attorney, and ~M. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend J. T. Wlllia~s, Pastor of the Rugby Church of God. MINUTES: Copy of the minutes of the regular meeting held on Monday~ June 14 19S4, having been furnished each me~ber of Council, upon notion of ~M. Minton, seconded by I.M. f~nes and adopted, the reading was dispensed with and the minutes approved as recorded. SCHOOL BOARD: ~M. Young stated that Council has been shocked at the untlmel death of 1-M. LeRoy H. S=lth, Chairrmn of the Roanoke City School Board, and moved that the City Attorney be directed to prepare a proper Resolution, expressing the regret of Council at the death of Mr. Smith, to be presented to the body at its next regular meeting on July 12~ 19.54, and that two members of Council be designate by the ~.~yor to attend the funeral of ~. Smith which is to be held at 3:00 o'clock this afternoon. The motion was seconded by ~. Woody and adopted. Mayor %Iebber then named }~s. Pickett and ~. Hanes to attend the funeral of HEARING OF CITIZENS UPON PUBLIC MATi75RS: ZONING-SETBACK LIS~S: Notice of a public hearing on the question of establi lng a building setback line on the north side of Salem Avenue, S. W., between Jefferson Street and First Street, S. W., the said line to be located 1S.O feet northerly from the present established north line of Salem Avenue, S. W., between said streets, to provide for the widening of Salem Avenue, S. W., between said streets to approximately 63.0 feet, having been published in The Roanoke World-News pursuant to Article XI, Section 43, of Chapter Sl of the Code of the City of Roanok( setting the time of the hearing at 2:00 o'clock, p. n., Monday, June 28, 1954, the matter was before Council. No one appearing in opposition to the proposed setback line, and no co~nications on the subject having been received, ~. Young moved that the lng Ordinance be placed upon its first reading. The notion was seconded by Waldrop and adopted by the following vote= AYES: Council members Hanes, Minton, Pickett, %Ialdrop~ ~oody, Young, and the President, ~. Webber ......... NAYS: None ................ O. (~1216B) AN ORDINA]~E establishing a building setback line on the north side of Salem Avenue, S. W., between Jefferson Street and First Street, S. W., said setback line to be located 1~.0 feet northerly from the present established north line of Salem Avenue, S. W., between said streets, to provide for the wldenfnK-~ Salem Avenue, S. W., between said streets, to approximately 63.0 feet. 390 l~flI~AS, notice has been duly published as required by law an/ the property owaers in the affected area notified that Council vould hold a public hearing ~n 28th day of June~ 1954, at 2 o~clock p. n., in the Circuit Court Room~ in the HunicI al ~ulldlr~, Boanoke, Virginia, on the question of establlshln~ a bulldin~ set~ack the north'side of Salem Avenue, S. ~I.~ between Jefferson Street and First Street 'S. ~., the said.line to be located 13.0 feet northerly from the present established north line of Salem Avenue, So ~., between said streets, to provide for the of Salem Avenue, S. ~o, between said streets to approximately 63°0 feet, and }.~S, the said hearing ~s held at the tine and place aforesaid ~efore the Council of the City of Roanoke, at vhieh hearing all property o~ners in the affected area and all other persons were given an OppOrtunity to be heard on the question, and Irr2~EAS, the Roanoke City Planning Co.~ralssion, to ~hom the matter has heretofore been referred by the Council for conslderation~ has reco.~.ended and approved the establis~uent of a building setback line on said Avenue for the purpose hereinabove stated, and ~5/E~Et$, after hearing all of the evidence submlbted~ Council is of the opinion that the said kuilding setback line should ~e establishedo 7HE~OFLE~ BE IT O~DAII~D by the Councit of the City of Hoanoke that a ~uilding sethack line be, and the sane is hereby, established on the north side of Salem Avenue, S. !'f., between ~efferson Street and First Street, S. YL, the said setback line to be located 13.0 feet northerly fro~ the present established north line of Salem Avenue, $. ~4., between said streets, to provide for the widening af Salem Avenue, S. ~., between said streets, to approximately 63.0 feet, and BE IT FD.~HKRORDAi~D that no building hereafter erected on any of said lots abutting on said Avenue shall extend over the said building setback line as established by the provisions of this ordinance. The Ordinance having been read, was laid over. CITY ~.IPLOYEE$: t-~. W. Hooker Harbour, Attorney, appeared before Council in the interest of employees recently discharged in connection with the investigation of petty larcenies at the City Garage and stated that he was presenting S12 petition with the names of 6,~31 citizens signed thereto, requesting that because of the excellent record of these men, their diligent and honorable service to the City of Roanoke, Virginia, and further because it is felt that the result of the action taken in punishing them and the h~llfation these non and their f~qllies have suffered, and will continue to suffer, is sufficient punishment for their indis conduct, Council adopt a Resolution reco~uending that the City Manager reconsider his action in firing the men, lkr. Harbour stating that the charges against these all extremely petty in nature and that the men involved have 2~? years and six months of service to the city which has been honorable and further that there are 87 people dependent upon the salaries of the 20 employees involved. ~.~. L. E. Hurt, Jr., Attorney, and Associate with l~. Harbour, told Council that he does not feel that the men felt they were stealing when they took such small quantities of items and that had anybody told one of the men to stop because he was stealing he would not have taken what he did, Mr. Hurt requesting that Counci adopt a Resolution requesting the City Manager to reconsider his action and take each case on its own merits and punish the men in accordance therewith. After considerable discussion, Mr. IMnes moved that Messrs. Harbour and Hurl take their request to the City Manager since it is an administrative matter. The motion was seconded by Mr. Woody and adopted. At this ~oint, Mr. Paul J. Puckett requested and was granted pernission to address the body, ~tr. Puckett making it clear that he is appearing as a private citizen and stating that while he has no positive proof, he has received a number of calls from private citizens, and as a result of these calls and from the r~ors afloat, he feels that the petty larcenies co~-~ltted at the City Garage have not been sufficiently investigated and is wondering if irregularities =ay not extend into other departments of the city, ~-M. Puckett asking that Council instigate a comprehensive grand Jury investigation, emphasizing that such an investigation will injure no innocent persons, but, on the contrary~ .'~y protect innocent persons against whose integrity r~ors are afloat. The }Myor suggested that if a grand Jury investigation is in order, such request should be made by citizens of that opinion to the Co=nonwealth Attorney who he is sure, on a proper sho~r~ng, will cause such an investigation to be held. Four members of Council; viz, Conncilnen Hanes, Minton, %foody and Young, stated that they have no infor.~ation Justifying any such action on the part of the body, ~.M. Young stating that if any citizen has actual knowledge Justifying such an investigation and hesitates to go alone to the Commonwealth Attorney, that if such citizen will co=~unicate with him he will go with him to the Co.umonwealth Attorney, stating further that if Council had any knowledge or proof of any irregularities o~ the nature that is disturbing ~. Puckett, it would launch an investigation under its own powers under Section 22 of the City Charter. After a general'discussion of the subject, ~ }~nes moved that ~-~. Puckett take his complaint directly to the Co~uonwealth Attorney. The motion ~ms seconded by Mr. +~aldrop and adopted; whereupon, ~. Puckett stated that his present feeling is not to press the matter further. PETITIONS AND CO~.~NICATIONS: ~2~Lq FIELD: A co~unicatlon from the managers~ sponsors and players of the T~llfght Baseball League, consisting of eight tea.~s~ requesting permission to use the baseball park at ~her Field for its games, in order that the teams might have light facilities when the games extend beyond the daylight period, was before Council. The Acting City Manager advising Council that the Director of Parks and Recreation has already arranged for the Twilight Baseball League to use the baseba~ park at ¥~her Field and that its games are now being scheduled in the park, the co==unication wa~ filed. STREET IMPROVEt-~2~TS~ A petition signed by eight citizens living on or near Fairland Road, N. W., asking that the city pave or thoroughly oil periodically Fairland Road in order to do away with the dust which is plaguing their homes, u~s before Council. On motion of ~-M. Woody, seconded by ~M. Hanes and adopted, the petition ~eferred to the City ~Mmager. STREET II~ROVEM~2~TS: A co~mmnication from ~M. W. H. Mann, 749 Levelton Avenue, N. W., asking that Levelton Avenue be hardsurfaced, was before Council. On motion of Mr. Woody, seconded by Mr. Hanes and adopted, the com~unicatio was referred to the City Manager. 391 392 STREETS AND AI/A~S~ A petition signed by twenty-four citizens, asking that alley be opened between Morgan Avenue and Morehead Avenue, $. W., east of Ninth Street, was before Council.' On motion of Mr. Woody, seconded by Mr. Waldrop and adopted, the petition referred to the City Manager for investigation, report and reco.~mendation to Council. PURCHASE OF PROPERTY-LIBRARY: A communication from Mr. E. E. Buening, to sell his property at 3821 Willlamson Road, N. W., to the city for $27,500.00 as a site for the Williamson Road Branch Library, was before Council. On motion of ~M. Young, seconded by ~M. Waldrop and adopted, the conmunica- tionwas referred to the City Manager and the Roanoke Public Library Board for study, report and recommendation to Council. C~{PLAINTS~ Council having previously referred a co~munication from ;Mrold Woods, Sr., of Woods Brothers Coffee Company, 316-31S Campbell Avenue, S. E., asking that the wooded area east of Third Street, S. E., between Campbell Avenue Church Avenue, which is used throughout the year by a bunch of drunks as a drinking and carousing spot, be cleaned up, to the City Manager for necessary action, a petition signed by approximately eixty residentsin the affected area, advising that as yet nothing has been done to remedy the situation and asking that the area be cleaned off and kept that way, %ns before the body. On motion of Ym. Minton, seconded by 1-~. Waldrop and adopted, the petition referred to the City ~nager. S~REET LIGHTS: A communication from the Appalachian Electric Power Company~ setting forth the location of fourteen 2S00 lum. en street lights which were tnstalle( during the month of May, 1954, ~as before Council. The communication %Rs filed. ~'A~ER DEPAR~[E!{T: A co~nunlcation from the Board of Supervisors of Botetour~ County, Virginia, requesting that the Council of the City of Roanoke, Virginia, reports furnished to the Comanissioner of Revenue of Botetourt County, giving the gross revenue of the Roanoke Water Works system, derived from cons=mess outside of the iimits of the City of Roanoke, as Mell as the gross revenue derived from the utility as a whole, for the purpose of taxation of the said public utility by the County of Botetourt pursuant to Section 58-19 of the Code of Virginia, by reason of said Mater works lying partly within the County of Botetourt, was before Council. On motion of ~. Young, seconded by ~. Minton and adopted, the communicatis referred to the City Attorney for study and report to Council. BUDGET-CITY TREASURER: A communication from lkr. J. H. Johnson, City Treasure advising that it will be necessary that $1,200.00 be appropriated for extra help in his office if he is to have tax tickets written and all delinquent lists made up on schedule, was before Council. ~. ~.~nton moved that Council concur in the request of the City Treasurer and offered the following emergency Ordinance: (f121C-4) AN ORDINANCE to amend and reordain Section ~8, "Treasurer", of the 1954 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 212.) ~.~. }Ynton moved the adoption of the Ordinance. The motion was seconded by Mr. Young and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the ~-resident, }~. Webber ....... 7. NAYS: None .............. O. I~EPORI~ OF OFFICI~S~ ~ATER DEPARTHENTI fire. Le~ H. Arnuld~ 4~5 WFo~ng Avenue, R. ~., havl~ ~de a subsequen~ reques~ tha~ she be reinb~sed by th6 City of Ro~oke in the amo~ of $~5.~ for alleged d~ges to her property as a result of the erection of a fence at the %~'ashi~ton Reights Elevated Ta~ Site, and a no,ion to relmb~se ~s. Arnol~ in the ~o~t o~ $201.~ In ~11 settlenent of her clalm ns origl~lly presented ~ving been lost~ the Acting City ~'~ger suborned ~itten report, ~oget~ with a co~cation from the Assistant City Attorney, advlslng t~t ~.~s. Arnold subsequently took her clain to co~t ~d t~t an order ~s been entered disnlsslng. the case on the motion of co~sel for ~s. Arnold. On motion of ~. Wo~y, seconded by ~. Waldrop and adopted, the report and co~n~ication ~ere filed. DEPAR~T OF ~LIC t~E: ~e Actin~ City ~nager subnltted written reports coverin~ the expenditures and activitiee of the ~partnent of ~blic %~lfar durl~ the month of l. My, 19~, in compliance with Sections 63-67.1 and 63-67.2~ C~e of Virginia. ~e reports ~re filed. ~S~: ~e Acting City }.~nager subnitted ~itten report that l-M. Alfred McClanahan has requested an easenent fron his property across the south end of the property of the City of Roanoke at Coyner Springs to provide a %~ter supply for cattle o~ed by him at a sun of ~10.~ per ~.~. Yo~g move~ that Co~cil concur in the request with the provisAon that l~. McClanahan have his Attorney prepare the necessary papers for approval by the City Attorney and official action by Council. ~e motion %~s seconded by ~.~. Mlnto: mn6 a~opte~. AIRPORT: Co~cIl at ~ts last regular meeting having requested the City to prepare a project for lengthening of the northeast-southwest r~.~y at the M~icipal Airport, h~ghway relocation and related ~rk for submission to the Civil Aeronautics Authority with a view of obtaining federal aid on the project, ~n co~ect~on with an offer from ~.~. Fra~ L. Mitchell~ Real Estate Agent~ to sell the Bushong Estate to the City of Roanoke~ the Acting City Manager submitted ~ltten report that 1.~. ].~tchell has advised that it will be necessary for the city to ente~ I~to a contract for the purchase of the land and to ~ke a good faith deposit of $2,~.O0~ereon i=ediately in order to hold the property ~t~l September 1, 19~; whereupon, 2.~. Woody offered the following emergency ~d~nance: (~121~5) AN O~IN~CE authorizing the execution of an agreement, for and on behalf of the City, to p~chase certain real estate for use in co~ection with the ~nicipal A~rport; appropriating $2,~.~ as a good faith deposit;and for an emergency. (For full text of Ordinance, see Ordinance Book No. 20~ Page 212.) ~. Woody moved the adoption of the Ordinance. ~e motion ~s seconded by ~-~. Waldrop and adopted by the follo~ng vote: A~S: Co~cil members Hanes, Minton, Pickett~ %faldrop~ Wo~y, Yo~g~ and the ~esi~ent, ~.~. Webber ........... 7. . NAYS* None .................. O. A~.~HOUSE: ~e Acting City Manager submitted ~tten report from the for the month of I~y, 19~, showing a total expe~e of $2,102.~, as compared with total expe~e of $1,5~.68 for the month of }~y~ 195~. ~e report %~s filed. 394 CIT~ PHYSICIANI The Actln~ City ~ger submitted ~itten report from the City Physician for the month of Hay, 1954, ~h~i~ 614 office calls, 678 prescript1( filled a~ R~ trea~ents given for the month oF ~y~ ~e report was filed, DEP~U OF P~LIC ~ ~e Acttn~ Clty~er ~u~tte~ ~ltten report from the ~rtment of ~Blic ~felfare for the month off ~y~ 1~ shovin~ 1~8 cases handled at n total cost of $77,401.28, as co~pared ~ith 1,497 cases handled ~t a total cost of $69,~.~1 for the month of ~y~ ~e report vas filed. ~H~ ~e Actin~ City P~er su~tted ~ltten reports from the Airport, the City ~Mrket~ the Delinquent Tax De~rt=ent~ the Department oF ~lldlnE~ the Department of ~lic ~orks~ the Electrical ~part~ent, the Health ~partm~nt~ the Police D~part=ent and the ~c~ln~ ~rt=ent for the month oF P~y~ also, reports from the Department of Parks and Recreation for the months of April and I~ay, 19~. fhe reports ~ere filed. B~Er-PLLq~ING INSPECTION: Co~cil having previously lncreased pl~bln~ inspection fees to provlde for pa~ent of the salary of an Assistant Pl=~bing Inspector, the Acting City I.lan~ger submitted ~itten report that the b~y inadverte~ overlooked including $100.00 in the budget for gasoline and oi1 for the car used by the Assistant Plmnblng Inspector in carrying out his duties; %:hereupon, l~. %'.aldrop~ offered the following emergency Ordi~nce: (~12166) AN O~INM~E to amend and reordafn Section ~62~ "Building and Pl=nblng Inspection", of the 19~ Appropriation Ordinance, and providlng for an (For ~ll text of Ordinance, see Ordinance Book No. 20, Page 213.) ~. ~faldrop moved the adoption of the Ordinance. ~e notion~s seconded ~.~. ~tnton and adopted by the follo~In~ vote: A~S: Co~cil members Hanes, Minton, Pickett, %faldrop, Wo~y~ yo~, and the President, ~. l~bber ........... 7. NAYS: ~one .................. O. ~L~{ DEPOSIT: Tne Acting City }~nager sub~tted written report that Jack B. Coulter and Dr. Clark H. Hagenbuch ~ve been reappointed as members of the Board of Health of the City of Roanoke for t~o-year terms effective July 1, 19~. ~e report was filed. S~S: ~e Acti~ City l~nager sub~tted ~itten report that ~. Paul B. I.~tthews, ~ecutive Secretary of Roanoke Co~ty~ ~s advised the City~ger t~t the Roanoke Cowry Board of Supervisors ~s created a co~ittee to work out sewer agreements and t~t it is hoped t~t the Clty of Ro~oke ~ill create a like to ~e a study of costs, policies, contract~ etc.~ for the orderly control of the disposition of sewage orlgi~ting in residences located in the cowry ~d emptying ~nto the City of Ro~oke's sewer system, the Acting City ~ger reporting f~ther that it is the suggestion of the City Manager that the Co~cil of the City of form a co--tree and attempt to work out a solution to this difficult problem. On motion of ~.~. Woody, seconded by l~. Minton a~ adopted, the City ~s instructed to prepare a Resolution appointl~a con, tree consisting of the ~esident, l~. Vebber, Co,clan %falter L. Yo~g, }~. ~th~ S. ~'ens, City l~ger land Hr. Randolph 6. %,~lttle, City Attorney, and defining the responsibilities and duties of said cor~mittee, for presentation to Council at its meeting on July 12, CITY E~LOYEES~ The Acting City }Mnager submitted vritten report from the City I~mnager, stating that he has disnissed fifteen enployees at the City 6ara§e from the city service effective June 17, 1954, and has placed on leave of absence three members of the Police Depart=ent and one nember of the Fire Department as of June 17, 1954, and one member of the Police Departnent as of June 24, 195~. Hr. ~faldrop moved that tho report be filed. The notion was seconded by ~oody and adopted. REP6RTS OF COMMITTEES~ GARBAGE RE~fOYAL~ The City ~fanager having reported to Council on June 14, 19~ that he had received bids for two garbage truck chassis, ~hich bids were in excess of $5~0.00~ and three of which~ amen6 thor2 being the low bld~ did not neet specifications, and Council having referred the bids to a co~?Lnittee consistlng of CoUncilmen IIanes, Woody and %~aldrop, ~. Arthur S. O~ens, City ~.fanager, and JoDm L. %~nt~orth, Director of Public %~orkst for study, report and reco~endation~ the co~ittee submitted lt~ report, recom~ending that the bids of Shackelford-Cox Truck and ~chlnery Company~ Antrtm l!otors, Incorporated~ and ~ers ~rothers Garage Incorporated, he rejected because they did not meet specifications, and that the hi of l~agic City Motor Corporation~ being the next low bid~ ~'hich did meet specificatic te accepted and the Purchasing Azent authorized to purchase the equipment under the ~roposal. ~. Hanes moved that Council concur in the recommendation of the co~mittee and that ~%e r~atter be referred to bhe City kttorney for preparation of the proper Resolution. The notion Mas seconded by I.~. l.finton and adopted. DEPAR~N? OF PUBLIC %~ORKS: Council havln~ previously authorized the purcha~ of a Diesel Tractor from Rlsh Equipment Company~ and Carter Kschlnery Company, Incorporated~ one of the unsuccessful bidders on the tractor, having subsequently protested the awardin~ of the business to the Rtsh Equipment Company on the basis of the manner in vhich it was handled, and the bo~y at its regular meetinz on May 24~ 1954~ having referred the matter to a committee consisting of the City the City Attorney, the Director of Public %~orks and the Purchasing Agent for a complete fnvestigation~ study and report~ the committee reported that advertisements for bids on this equipment had been published twice, that in the case of the advertisement for bids the Carter ~.fachlnery Company had offered an alternate bid which did not meet specifications, yet was the Iow ~id, that a co~ittee appointed Council had recommended that all the bids received under the original advertisement be re~ected and the second advertisement calling for bids be puhlished~ that Council by its Resolution No. 12085~ adopted on the 22nd day of Narch~ 1954, rejected all of ithe original bids and directed the City Manager to forthwith cause advertisement to be made for now bids for furnishing this equipment~ that under this advertisement bids ~ere subsequently received and Council authorized the purchase of the fro~ the low bidder, the committee s%~tlnE thab it ~as of the unanlmous opinion: 1. That Council should have directed that the alternate bid be disregarded in the first instance. 2. That Council leaned over ~ck~rards to be fair in directing a readvertlse- 3. That the readvertisement and the specifications therein called for were eminently fair. 4, 2hat if Carter V~chinery Company had had any objections to the manner of advertising in the second inetance it should have raised prior to and not after the bide had been opened and their bid found to high, ~r, Young moved that Council concur in the report of the co~lttee, T~e motion was seconded by }M. Hinton and adopted by ~he following vote~ AYE~ Council membere Hanee, Hlnton, Pickett, Woody and Young ......... NAYS~ ~M. Waldrop, and the President, Hr. WeBber .......... UI~ INIS,UJ~D BUSINESS ~ ZONING~ Council having previously referred a coumunication from )M. O, J. Walpert, Attorney, representing ~r. Charles A. Austin, asking that property located the north side of Shenandoah Avenue, N. W., between Crow~orr Street and %Mstwood Boulevard, described as Lots 1 and 2, Block 1, Section 2, Oregon Park, Official Nos. 2640528 and 2640529, be rezoned from General Residence District to Business District to the City Planning Commission for study, report and recom~endation, the City Planning Commission reported that the said lots are a part of a residential subdivls recorded April 8, 1948, with restrictions constituting "covenants running with the land sho~m thereon for a period of twenty-five years from the date of recordation of the said nap", as follows: 1. All lots sho~m hereon shall be used for residential purposes only. 2. No structures shall be erected, placed or permitted to remain on any lot other than one single family detached house, with the necessary outhouse: and garage. The City Planning Commission reported further that immediately east of the lots in question several large tracts of land were rezoned to Light Industrial District in 1953, which are yet undeveloped, and that it feels there is no need for the rezonin~ of additional property in the i~ediate neighborhood at this time, the City Planning Commission concluding that for these reasons it is the recommendation of the Co~ission that the request of the petitioner be denied. Action on the ~atter %~s deferred until the next regular meeting of Council on Monday, July 12, 1954. ZONING: Council having previously set the hour of 2:00 o'clock, p. m., July 12, 1954, as the tine for a public hearin~ on the request of }-M. J. E. Buerson Real Estate Agent, that property located on the northeast corner of }~elrose Avenue and Nineteenth Street, N. W., described as Lots 9, 10 and 11, Block 66, Melrose Land Company Map, be rezoned from Special Residence District to Business District, a comuunication from lit. Benton O. Dillard, Attorney, requesting the withdrawal of theapplication of his client, was before the body. The comuunication was filed. BUDGET-DEPAR~[ENT OF PL~LIC ¥~LFARE: Council at its last regular meeting having deferred approval of the twelve months' estimate of expenditures for the Department of Public Pfelfare for the period from July 1, 1954, through June SO, for submission to the State Departnent of Public Welfare, pending receipt of additi¢ information from the Director of Public Welfare, and the Director of Public lfelfare having forwarded the desired information to the individual members of Council, the matter ~zas again before the body; whereupon, ~.M. ~oody offered the following Resolu~ (#12167) A RESOLUTION approving for submission to the State Department of Public 1'felfare the twelve months' estimmte of expenditures for the Department of Public l'felfare of the City of Roanoke for the period from July 1, 1954, through June Bo, 1958, in the total amount of $1,062~698.00, as presented to the Council of I! the City of Roanoke at its regular meeting on ;{onday, June 14t 1954~ authorlzin~ City Manager to certify said approval to the proper authorities; and providing for an e,~ergency. (For full text of Resolution~ see Ordinance Book No. 20, Page 214.) Mro Woody moved the adoption of the Resolution. The motion ~s seconded by I~r. Waldrop and adopted by the following vote~ AYES~ CoUncil members Hanes~ Mlnton~ Pickett, Waldrop, Woody, Young~ and President, Mr. Webber ..... ; .... 7. NA¥S~ None ............. O. It appearing that approval o£ the twelve months' estimate of expenditures necessitates an ar, endnent to the Welfare Department Budget for the last s~x months of this year~ ;~r. %faldrop offered the following ezergency Ordinance: (~12168) AN ORDINA;~CR to amend and reordain Section #~2~ "Public Assistance. ~'~ of the 1984 Appropriation ord!nance~ and providing for an emergency. (For Pull text of Ordinance, see Ordinance Book No. 20, Page 214.) l~r. W~ldrop ~o~d the adoption of the Ordinance. ~,e motion %~s 2econded ~.fr. ~.{lnton and adopted by the following vote: A~S:Councll zenbers Hanes, ~lnton, Pickett, ~aldrop, %~oody, Yo~g, and the President, 2.[r. %3ebber ............ 7. NAYS: None ................ O. CONSIDERATION OF C~]I~B: None. IN~ODUGTION AND CONSID~?ION OF ORDINANCES AND ~SOLU~ONS: S~E? CLOSING: Ordinance No. 12151~ per~nently vacatlng and discontinuing a portion of Second Street~ N. E.~ between Shenandoah Avenue and l~ell~ Avenue, co,cotton %,ith the acquisition of land from T. E. Hoberts~ et al, for the Street Grade Crossing Elimination Viaduct and Project, hav~n~ previously been befor~ Co, oil for its first reading, read and la~d over, %;as again before the ~lnton offering the followAn~ for its second reading and final (~1215!) A~ ORDIN~iCE per~nently vac~tinz, and dis~ontinuinz the use thereof for street purposes, an easterly portion of Second (formerly Holllday St.) Street~ N. E.~ between Shenandoah and ¥~ells Avenue, N. E.~ in order to provide a uniform width for said Second Street~ N. E.~ bott'eon the aforesaid Shenandoah and %~ells Avenue, N. E.~ and a uniform northerly approach to the Jefferson Street Grade Crossing Elimination Vl~duct and Project. (For full text of Ordimance~ see Ordinance Book No. 20, Page 207.) Mr. Minton moved the adoption of the Ordinance. ~e motion %-as seconded by ~.~. Yo~g and adopted by the following vote: A~: Co,oil members Hanes, Minton~ Pickett, Waldrop, Woody~ Yo~g, and the ~esident, ~.~. %lehber .............. 7. NAYS: None .............. O. %~A~R DEP~.~T: Ordinance No. 121~, authorizing and providing for tke imtr~uct~on of a fluoride ion into the City of Roanoke's %:ater Supplies, h~vlng previously been before Co,oil for its first reading~ read and laid over~ was again helot9 the body~ ~. Hanes offering the following for its second reading and final adoption: (f121~) ~ O~IN~CE authorizing and providing for the lntr~uction of a , fluoride ion into the City of Ro~oke's Water Supplies. (For full text of Ordinance~ see Ordi~nce Book No. 20~ Page 208.) 398 }M. tlanes moved the adoption of the Ordinance. T~e motionwas seconded by Mr. Waldrop.and adopted by the followir~ vote~ AYES~ Council members Hanes~ Pickett, ~!aldrop, ~foody, Young, and the Preside Mr. %robber ...................... 6. NAYS~ t~v. Minton ........ 1. At this point, the Chair recognized Captain l-~lcoln L. %Mrrell, Chairman of the Citizens Committee on Fluoridation, who read an agreement to Council %~lch he stated he wns requesting the body to sign. Mr. Woody asked the City Attorney if Council had a right to sign such an agreement. The City Attorney advised Council t[mt under no circ=nstances should the body entertain such an idea; whereupon, ].M. ¥foody moved that the letter of be returned to Captain Worrell. The motion was seconded hy itt. Hanes and adopted. CLOSING NOb~S: Ordinance No. 1~188, establishlng a one o'clock closing hour for drive-in theatres and all si. liar performances, having previously been before Council for its first readlng~ read and laid over, vas again before the body, ~M. Young offering 'the following for its second reading and final adoption: (#1~155) AN ORDINANCE to amend Chapter ?0 of the Code o~ the City of relating to Miscellaneous Offenses, by adding a new section, n=mbered 16~ prohibltl~ the conduct or participation in the conduct of certain public entertal~uents the hours of 1:00 o'clock, a. n., and 6:00 o'clcck, a. m., daily, where members of the audience are required or permitted to view or participate in same from parked automobiles or other private vehicular conveyance; and providing penalties for the violation thereof. (For full text of Ordinance, see Ordinance Book N~. ~0, Page ~09.) ~.M. Young moved the adoption of the Ordinance. ~"~.e motion was seconded by Mrs. Pickett and adopted by the following vote: AYES: Council members Hanes~ Minton, Pickett, Waldrop~ !.foody, Young, and President~ ~M. ~febber .............. ?. ~YS: None ................. O. GRADE CROSSINGS: Ordinance No. 1~157~ authorizing the sale of that part of the Ton Polndexter property not needed for a part of the right-of-way ~r the Jefferson Street Grade Crossing Elimination Viaduct and Project to T. E. and W. J. Roberts, for $4~500.00 cash, having previously been before Council for its first reading, read and laid over~ ~as again before the body, ~M. Waldrop offering the following for its second reading and final adoption: (#lB157) AJ{ ORDINANCE authorizing the sale of certain real estate o~med by the City to T. E. and W. J. Roberts, for $4~500.00 cash. (For full text of Ordinance, see Ordinance'Book No. ~0, Page 210.) Mr. %faldrop moved the adoption of the Ordinance. The notion %~s seconded ~M. ~'oody and adopted by the following vote: AYES: Council members Hanes~ Mlnton~ Pickett, %Mldrop, Woody, Young~and the President~ Mr. ~ebber .......... ?. ~YS: None ............. O. SPECIAL PEP~{I~S: Ordinance No. l~lO~ granting Pltzer-Butler Fuel Oil Corporation permission to construct~ operate and maintain a pipe line across and under S 1/2 Street~ S. E., in the vicinity of Albemarle Avenue, having previously been before Councll for its first reading~ read and laid over, was again before the body~ }M. Minton offering the following for its second reading and final adoption: (~12162) MI ORDINANCE grantln~ a tenporary permit to Pltser-Butler Fuel Oil Corporation to install two (2) /'uel oil pipelines under 3 1/2 Street, S. E., at a point approximately 100.0 feet north of Albemarle Avenue, S. E., upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book ~Io. 20, Pa£e 211.) IL. Hlnton noved the adoption of the Ordinance. The motion~as seconded by IM. %'aldrop and adopted by the followin~votez AYES: Council members l~nes, t{inton, pickett, %~ldrop, %~oody, your. g, and th~ President, ].~. %~ebber ............ 7. NAYS: None ............... O. PARKS A~D PLAYGROUNDS: The City Attorney havinz been requested to prepare the proper Ordinance, dedicating the Taze~ell ]:organ Heirs property recently aoquir~ by the City of Roanoke for park and recreational purposes and designating the tract Of land as "Thrasher Park", presented same; %.hereupon, ]~. Ranes moved that the following Ordinance be placed upon its first reading. The motion was seconded by Iff. ~inton and adopted by the following vote: AYES: Council members Hanes, Hinton, Pickett l.~aldrop~ %~oody, Young~ and the President, Mr. ~!ebber ............. 7. NAYS: ~tone ................ O. (flR169) A~; ORDI~A~E dedicating certain public property for park and recreational purposes; and providing a name therefor. l~{~q~%$, pursuant to Ordinance ~Oo 11686 heretofore adopted on the ~9th day Of December~ 198R, the City has heretofore purchased a certain tract of land containing approximately RR 1/~aeres and situate on the south,~est side of ~inton ~!ill Road~ being a part of the John Thrasher and, later, Stephen F. Thrasher farm property, and !ftEREAS, Council is conscious of the need for the establishment of a public park and recreational area in the northeast section of the City and deems the afore- said RR 1/2 acre tract suitable for such purpose, and %.5{EREAS, Colkncil further deems it appropriate, upon the dedication of said land for public park and recreational purposes to perpetuate the name of the former o%~ers of said land, now long deceased. iTiq~LEFORE, BE IT ORDAI]'~D by the Council of the City of Roanoke as That there is hereby established and dedicated for use as a public park and for public recreational purposes that certain tract Or parcel of land containing approximately RR 1/~ acres situate on the southwest side of Vinton ]~Ill Road, N. E.~ and being the same land conveyed to the City by Ruby D. Johnson, et al, by deed dated February 4, 19Be, Of record in the Clerk's Office of the Hustings Court of iClty Of Roanoke, Virginia, in Deed Book E97, page 53. BE IT FUR~-~R ORDAIneD t.kat tD~e property hereirmbove dedicated for public park and recreational purposes shall be hereafter ¥~o%rn and designated as PARK". l~he Ordinance having been read, was laid ever. AP~.[ORY: Council having previously approved the plans and specifications for the five-unit National Guard Armory, proposed to be erected at ].~aher Field, ~.layor %~ebber, Chairman of the National Guard Arnory steering co~nittee, presented draft of an Ordinance prepared by the City Attorney, conditionally authorizing the execut~ of a contract between the Co~onwealth of Virginia and the City of Roanoke, with with the following draft of contract: 399 400 ,#THIS AGR~I~T made this T~enty-eighth day o£ June, Nineteen Hundred Fifty-Four, by and between the CITY OF ROANOKE, a municipal corporation and a political subdivision of Virginia, party of the first part, herein- after frequentl~ referred to as the City, and the CO~{ON~;~AL~I OF ¥IRGINIAj acting by.and through its Department of Hllitary Affairs, party of the second part, hereinafter frequently referred to as the Commonwealth, T/ATt ~IEREAS, the parties hereto desire to cause to ~e erected within Haher Field. in the City of Roanoke, Virginia, a Five-unit National Guard Armory, estimated to cost approximately Four Hundred Eighty Thousand Dollars ($480,000.00), and, in furtherance thereof, the Commonwealth employed Ba & Justice, Architects-Engineers, of Richmond, Virginia, to prepare plans and specifications therefor, which plans and specifications have been co'pie,ed and are dated and numbered FebruarylSth, 1954, Comm. No. 5317, ;*~.REAS, the aforesaid plans and speclflcatious have been approved by the Virginia Arts Cormission, the City's Planning Commission, the parties hereto and the appropriate United States Govermment authority, and %].q~RF.~Sj the parties hereto have available funds believed to be suffic at to defray the costs of constructing such armory, in accordance with the aforesaid plans and specifications and, also, to adequately furnish and equ it. ~IEREFORE, FOR AND III CONSID~.J~ATION of the premises and the mutual undertakings hereinafter set forth, the parties hereto agree and bind themselves as follows: 1. The City agrees and binds itself: (a) To deliver unto the Commonwealth, upon its request, 0:~ t~I;DRED .a FIF~Y ~{OUSAND DOLLARS ($150,000.~D), in cash, to be applied on the actual construction cost of such armory; (b) The City hereby leases unto the Co=monwealth, rent free, the actual land In Maher Field upon which the armory is to be located, together ~ with the right of ingress and egress over sufficient other portions of l~ahe Field to and from said armory, in order that the Cor. monwealth .nay rmke and complete use of such armory for the training, housing, development~ etc.! of the IIattonal Cuard of Virginia, for the period of time contemplated in paragraph 2. (e), seq.; (c) Dm, for the period of ti~e contemplated in paragraph (b), supr~ the Commonwealth shall have full and complete control of the armory for the use of its ~Iational Guard; (d) That the Commonwealth may use other portions of ~Mher Field, without paying any charge for such prlvilege, for its National Guard purpos( ehen such use will not interfere with use thereof by the City. This provis~ shall not be construed as entitling the Commonwealth to use the stadl=m athletic field or any other portion of Maher Field for the holding of athletic or other event to attend which admission charges are made, without paying the prescribed rates; (e) The City will, at its expense, provide adequate furnishings and ~ equipment for the armory as is not used exclusively for military purposes; (f) The City will ass=me cost of repair, maintenance and operation ~ of said armory, landscaping, supplying necessary facilities - such as ~mter, electricity, telephones, sewers and sewage disposal, to a point designated by the architects within five (5) feet of the building, and such caretaker and/or janitorial personnel as nay be necessary; (g) The City wilt keep said armory insured for a reasonable amount at its expense, and shall indem~nify and save harmless the Commonwealth of Virginia and Department of liilitary Affairs from any and all loss resulting from and arising out of any accidents and injuries to persons (other than members of the Virginia National Guard or other military personnel using same with the Commonwealth*s consent) from the use~ operation or occupancy said armory; 2. The Commonwealth agrees and binds itself: ~ (a) To advertise for bids for the construction of the armory in accordance with the aforementioned plans and specifications, prepared by Ballou& Justice, Architects-Engineers, on a completed 'turn-key, basis and if a bid acceptable to the parties hereto is received, to enter into a contract with the successful bidder for the construction of such an (b) To pay the entire costs of constructing such armory from its funds and funds allocated to it by the Federal Goverm~ent and the $150 provided for in paragraph 1. (a), supra; and to permit the City to an inspector on the Job whose remtmeration shall be paid from the above fund (c) Subject to the approval of the proper authority of the Co~on- · wealth, first obtained, to allow the City to make the fullest practical use of the armory proper, showers, dressing rooms, etc., (but not personnel offices nor the service center) for any lawful purposes, at all reasonable times, when the same are not needed for use by the National Guard of Virgini (d) To allow the City to receive, as its property, all rents and charges made and collected for use of the armory; (e) Upon the expiration of twenty-five (25) years from the completi date of said armory to surrender and deliver the same, unto the City, as it absolute property, free of all encumbrances; provided, however, that the Cl will there~ter permit the National Guard of Virginia to u~e the armory for the purposes mentioned in paragraph 1 (b), supra, during the useful life of said armory for such purposes, without making any charge for such use. WII%T. SS the following slEnatures and seals. CO~(OI~.T. AL~! OF VIRGINIA DEPAR~.~_~I~ OF I.[ILITARY AFFAIRS, By The Adjutant General CITY OF ROANOKe, By City Clerk" ~.hyor After the reading of the contraet~ ~M. %foody moved that the followfng Ordinance be placed upon its first reading. The motion ~e seconded By }M. 14triton and adopted by the follo~tn2 votes AYESs Council members Manes~ Minton, Plckett~ %~ldrop, l'fosdy, Young, and the President, ~.M. ~.:ebber .............. 7. NAYSs None ..................... O. (~12170) AN ORDINANCE conditionally authorizing the execution of a contract between the Commonwealth of Virginia and the City of Roanoke, ~lth reference to the construction, operation, nnlntenance and use of un Arnory. %F~LREAS, the contract hereinafter described ~as this day read kefore and considered by this Council and, in the test judgment of this 2ody~ the City should tecome a party thereto. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the .. Mayor and the City Clerk be, and they are hereby, authorized and directed to exeeut( for and on kehalf of the City of Roanoke, a contract, bearfnE the date of June 28, 1954~ between the City of Roanoke, party of the first part, and the Commonwealth of Virginia, actin~ by and through its Department of ~.~lftary Affairs, party of the second part, with refereRce to the construction, operation, maintenance and use of an Armory, to be located in 14abet Fleld~ in the City of Roanoke, Vtr~inia, a copy of ~htch said contract is on file in the office of the City Clerk; provided the sam~ shall have keen first properly executed by the Adjutant General of Virginia, for and on behalf of the Department of }.fil[tary Affairs of the Commonwealth. The Ordinance having keen read, ~as laid over. GRADE CROSSINGS: Council havin§ previously requested the City Attorney to prepare the proper Resolution, providing for the payment of Progress Bill !fo. 1 and Progress Bill Ng. 2, covering the city's portion of right-of-way costs on the Jefferson Street Grade Crossing Rli~Ltrmtion Viaduct and Project, he presented same; whereupon, Mr. Young offered the following: (~12171) A RESOLUTION authorizing and directing the payment of Progress Bil~ Nos. I and 2, rendered the City by the Commonwealth, pertaining to cost of acquisit: of rlght of %~y in connection ~ith Project No. 1680-70 - Jefferson Street Grade Separation, in the City of Roanoke; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20~ Page 215.) !M. Young moved the adoption of the Resolution. The motion ~s seconded by ~-M. I.ilnton and adopted by the ffotlovtng votes 401 402 AYES~ Council members llanes~ Mlnton~ Plckett~ Waldrop~ Woody~ Youn~ and the President, ~ir. t:eb~er .......... ?. NAYS ~ None ................. O. }lOTIONS AND HISCELLANEOUS ~JSINESS~ SCHOOL BOARDs It appearing that there will be three vacancies on the Roanoke City School Board after June 20, 1954, lir. Young moved that the matter of appointing School Board members be laid over to a future meeting. The notion was seconded by ~ Minton and adopted. ~ E2fPLOYEES' RETIR~.~tT SYSTE~fz It appearing that the term of }.ir. S. H. Rudso as a member of the Board of Trustees of the E~ployees' Retirement System of the Clt~' of Roanoke will expire as of June 20, 1954, the President, }ir. ~febber, called for nominations to fill the pending vacancy; whereupon, }ir. Young placed in nomination the name of S. H. Hudson. The nomination %~as seconded by ~r. %:aldrop. There being no further no.minations, }~r. S. M. Rudson ~s reelected as a member of the Board of Trustees of the ~nployees' Retirement System of the City of Roanoke for a term of four years beginning July 1, 1954, by the following vote: AYES: Council members Hanes, l[lnton, Pickett~ ~faldrop, '.~oody, Young, and th~ President, Iir. %:ebber ............. 7. L'AYS: ~fone ................ O. fhe City Clerk ~'as instructed to for~ard }ir. Hudson a certificate of his reelection. LIBRAHY BOA-RD: It appearing that the terms of 1.Lvs. George A. Laym~n, .'-frs. Barton L'. l.'orris, Sr., and Rabbi Morris ~.f. Grail as member~ of the Board of Director of the Roanoke Public Library will expire as of Jur. e 20~ 1954, the President, ~ir. Vebber, called for nominations to fill the pending vacancies; whereupon, l.ir. Hlnton placed in nomination the names of ~irs. George A. La}mlan, l.irs. Barton V. Morris, Sr. i and Rabbi Horris ~L Grail. The no,minations ~'ere seconded by ~ir. Hanes. There being no further nominations, lLrs. George A. Layman, Mrs. Barton %,'. ~iorris, Sr., and Rabbi Morris %:. Oraf£ ~.~ere reelected as members of the Board of Directors of the Roanoke Public Library for termsof three years beginning July 1, 1 by the following vote: AYES: Council members Hanes, Minton, Pickett, %faldrop, :;cody, Young, and th( President, }ir. Webber ............ 7. NAYS: None ............... O. The City Clerk ~,'ae instructed to for~-ard }.irs. Layman, }irs. }iorris and Rabbi Grail certiflcabes of their reelection. LICENSE ~AX CODE: }ir. %:cody called to the attention of Council the fact thai the License Tax Code Study Co..~'/ttee has not held a meeting for so.~etime and moved that the committee meet at 7:20 o'clock, p. m., July 7, 1954. T~e motion ~as second by ~ir. Hanes and adopted. COb~:CIL: l.ir. Hanes suggested that it might be well if Council meets at an earlier hour during the subverter months in order to handle the two weeks' accumulation of business o After some discussion, }.ir. Hanes moved that the matter be taken under advisement. The motion was seconded by ~ir. Minton and adopted. SHOY~ CONTROL: Mr. !':aldrop stated that heis under the impression that the city's specifications for the purchase of coal night be per.mitbin~ the city to buy inferior coal which results in violations of the Smoke Control Ordinance and moved that the ~tter be referred to the City l~nager and the Director of Air Pollution Control for investi£ation and report to Council. The motion was seconded by ~. Ranes and adopted. WATER DEPAR~tT: Council at its last regular meeting on June 14, 19~4, havin~adopted Resolution No. 12159, conditionally authorizing the To~ of Vlnton to resell surplus water purchased from the Water Department of the City of Roanoke~ to Rule 37 of the Rules and Regulations of the Water Department, to partie~ · esiding beyond the corporate limits of the Town, and within the areas defined in the Resolution, under certain conditions, the City Clerk presented to t~ body a Resolution of the To~m of ¥1nton~ complying with the terms of Resolution No. 12159, and requested tb~t it be entered into the records of Council. ~. Woody moved that the Resolution be filed and made a part of the records of Council and spread upon its Journal, os follows: "RESOLUTION NO. ~11 A RESOLUTION AU~{ORIZING ~,TE PL~C~SE OF %~I~H FRO:! ~ CITf OF ROANOK~ IN ~ COL?:CIL OF ~E TO'~: OF VI~iTON~ VIRGINIA~ this the 15th day of June, 19S4. ~2{EREAS: In accordance with Rule S7 of the Water Department of the City of Roanoke, Virginia, adopted June 14, 19~1. The to%~ of Vlnton, Virginia, desires to purchase surplus %~ter from the Water Department of the City of Roanoke~ Virginia, for resale to consumers within the To,~ of Vinton, Virginia, and to consumers in the hereinafter described areas outside the Corporate Limits of the To'~ of Vlnton, Vlrgini~. i:~J, ~-~REFORE, BE IT RESOLVED by the Council of the To'~ of V~nton, Virginia, that the to~ purchase water from the Water Department of the City of Roanoke, Vlrginla~ under the ter.~s and conditions as set forth in Rule 37 of the Water Department of the City of Roanoke, Virginia~ for resal~ to consumers within the To%~ of Vlnton, Virginia, and to cons~zers in the following described areas who desire to purchase %~ter from the ?o~ of ¥1nton, ¥trgtnla. 1. BEGIN~;I}:G at a point 200 feet northerly from the intersection of the corporate llne of the Town of Vinton and the northerly line of State Route No. 652, which point is on the easterly line of State Route No. 653;.%hence with a line 200 feet distant from the northerly boundary of said State Route 652 to its intersection with the center line of %loll Creek; thence in a southerly direction with the center line of ~lf Creek, as it meanders, to its intersection with the northerly right of %.~y line of the Virginian Company to its intersection with the easterly bank. of Ti~ker Creek; thence with the easterly ~%~< of Tinker Creek In a northerly direc- tion to its intersection with the corporate line of the To,~ of Vfnton; thence following the southerly and easterly corporate line of the Town of Vinton to the place of DEGI~INING; provided, however, that the City of Roanoke may continue to serve its preset customers residing within the aforementioned area, and subsequent customers who may be conveniently served through the City's facilities within the area untll such time as the £own may extend its facilities therein in such manner that it may serve any or all of such customers of the City and obtain, from such customers, requests to supply them or any of them. 2. ?nat~ pursuant to the aforesaid Rule ~7, of the Rules and Regulation of the Water Department, permission is hereby requested by the ?o'~n of Vinto to purchase from the City of Roanoke surplus %~ter and resell the same to any party residing within a distance Of 200 feet from any point on the outer limits of the following described area (but not south of the Rsil%~y right of way) and desiring to purchase such %~ter from said TO?~; BEGINNING at the southeast intersection of King and Atherly Streets; thence with the southerly line of King Street in an easterly direc- tion to its intersection with the westerly line of Berkley Road; thence with the westerly line of Berkley Road in a southerly directi to its intersection with the northerly line of the Norfolk and Western Railway Company's main division right of %~y; thence in a westerly direction with said Rail%~y Company's main division right of way to a point on sane where Atherly Street, if extended in a southerly direction, would intersect;thence with the easterly line of Atherly Street, if so extended, in a northerly direction to the place of BEGInnING; provided, however, that if and %~nen the City's Water Department may.extend i facilities into said area it shall have the privilege of serving any or all parties, residing therein, %%o may make application for City service. 403 4O4 3o (a) The ?ovnagrees that it will not, under any circumstance~ so lor~ as it continues to purchase surplus water from the City o£ Roanoke, resell any ~ater beyond its corporate limits and the limits described in paragraphs 1o and 2°, supra, until the Councll o£ the City o£ Roanoke shall have adopted a resolution authorizing it to do so~ except that it will continue to serve those residents of the City It is presently servir~t and future City applicants residln~ tn the immediate vicinity of them~ until such time as the City may ~e able to serve such of its citizens, or any o£ them, directly. ' (b) The Town agrees to quitclaim and surrender, without charge, unto the City any and all rights that said Town may have In and to any water mains located in the City o£ Roanoke at such times as said City mmy desire to take over any such main tn order that it may serve any resident of the City withwnter therefrom; (c) The town agrees that it will not charge any Roanoke resident a higher rate than such resident would be required to pay if he purchased ~ter directly from the City; (d) The Town agrees that as and when the City shall take over possession of such lines as authorized by, and for the purposes contemplated in, paragraph (b), supra, leading into the area described In paragraph 2., above, then, and in such event, the Cl{y may install, at the cost o£ the ?ou~, a meter or ~eters and appurtenances In Atherly Street so that ~'ater then sold the Town by the City for resale in the last-mentioned area m~y be correctly metered; 4. An emergency existlr~, this resolution shall become effective as of midnight June SO, 1984. A Copy: ($1Ened) F. M. Hayden Clerk" The motion ~s seconded by f~r. Minton and adopted. STREEY II[PROV~,~N?S:I{r. Hlnton stated that there is a dusty condition at ~:enty-flrst Street and Carroll Avenue, N. ~., which he thinks can be eliminated by ~uttlng some gravel and black top on the street and moved that the ~atter be refe to the City ~nager. The motion ~s seconded by I~. l'foody and adopted. PARES AND PLAY~RO~D8: Mr. Hinton stated that a good many elderly people [ivlng in the vicinity of ~reka Park find it difficult to ~ake use o£ the park in the evenings because of the lack of ill~nlnation and moved t?~t the City llanager be Instructed to investigate the condition and to report back to Council with his ~eco=~endationo ~e aotlon ~'as seconded by ~M. l~ody and adopted. ~ere being no further business, Counciladjourned. COL~:CIL, REGULAR MEETING, Monday, July 12, 1954. The Council of the City of Roanoke met in regular meeting in the Ctrcult Court Room in the ~funlcipal Building, Monday, July 12, 1954, at 2zOO o'clock, p. m., the regular meeting hour, with the President, ~Lr. Vebber, presiding. PRES~?: Council members ttanes, h'lnton, Pickett, Waldrop, %~oody, Young, and the President, Mr. :4ether ......... 7. ABSENT: None .............. O. OFFICERS PRESF2!.": Mr. Arthur S. O%-ens, City ~.Mnager, lit. Randolph G. %."nitric City Attorney, ]fr. Harry R. Yates, City Auditor, and Mr. J. Rabert ~or~as, City Clez · ?.e meeting was opened %'lth a prayer by tke Reverend Joseph C. Bro',,'n, Pastor of the Er~anuel Pilgrim Church. HI;~.~S: Copy of the nlnutee of the regular meeting held on ,'!onday, June 1954, having been furnished each member of Comncll, upon motion of ~irs. Pickett, seconded by ,'[r. Minton and adopted, the reading was dispensed x.:Ith and the minutes approved as recorded. HEARI::G OF CITIZ~U~S UPO:~ F~'BLIC :~T~S: :.]ELFARE DEPAR~N?: ~tr. Frank. E. Atklne appeared before Council, stating his velfare grant has been cancelled by the Department of Public %ielfare and that h( has subsequently appealed the cancellation of his grant to the State Boardof ?etfar( but that to date the said Board has not set a date for a ]:earing on his appeal. On motion of ~Ir. Hanes, seconded by L'rs. Pickett and adopted, the request !.:r. Atkins was referred to the City }.:anager %;tth instructions that he contact the State Roard of ~felfare and ascertain the date of the hearing for ~[r. Atklns. PErITIOL'S Ai,:D CO:~7JNICA?IOL'S: DEPARTS:? OF P~_LIC %;ORYX: ~e matter of a complaint of Carter ~:achinery Company~ Incorporated, in coru~.ection with tke recent purchase of a tractor, having been before Council at several previous meetings, a co~uunicat~on from Carter ]Iachfnery Company~ Incorporated, requesting that the city ascertain %*hether or not it has actually received the equipuent purchased by it in accordance with the specifications on %'hich the p~chase %~as made, %,ns before the body. }~. ~:aldrop moved that the City ~!anager he requested to ~nvestigate this matter and to report back to Council as to ~.~hether or not the city Pas received the equipment as specified. ~,e motion was seconded by I~. Hanes and adopted. LA~D~[S: A comu~ication from ~. G. V. Kroner~ requesting tP~mt the city move mn old mon~&nent which %*as erected In 1893 to record the progress of the City of Roanoke from its present location on Church Aven~e and Fourth Street, S. E.~ to tke Ch~ch Avenue plaza in front of the United States Post Office~ ~s before Council. 1~. %:oody moved that the matter be referred to the City Manager for an estimate of the cost and to the C~ty Planning Co~ulssion for study, report and reco~nendation to Co~cil. ~e motion was seconded by ~. ].[lnton and ~dopted. BO~D ISSI~S: A co~n~icatfon from the Roanoke Real Estate Board~ stating th~ it has noted that In recent %*eeks some discussion has taken place ~ith reference to the possible bond issues by the city in the near future and t~mt it is the request of the Board that Council in considering any such bond issues give thought to tke necessity for street improvements) a four-lane highway co~ecting the ne%~ Second 405 .4O6 Street~ S. E.~ viaduct with Williamson Hoad~ enlargement of appropriations for installation of sidewalk, curb and gutter, additional black topping of streets and alleys and a solution to the storm drainage problems of the clty~ was before th~ body. Mr. Hanes moved that the matter be laid over for study along with other requests for bond issues at a special meeting to be held in the future. The motion was seconded by ~M. Waldrop and adopted. STREET IMPROV~NI~: A petition from citizens residing in the North ~hehing~ Heights area, requesting that so=ebbing be done to Van Bursa Street, N. W., betvoen [elrose Avenue and Kentucky Avenue, to eliminate dust conditions, was before Council !~. Young moved that the petition be referred to the City l~nager for invest · 'ation and report to Council. The motion %~s seconded hy ~. ~'!aldrop and adopted. STRUT LIGHTS: A petition from residents on Cove Hoad, N. W., requesting installation of a street light in the 2700 block of Cove Road, x~s before Council. :~. Minton moved that the matter he referred to the City ~[anager for investigation and report to Council. ~e notion ~s seconded by !~. Hanes and adopted. STREET LIGHTS: A petition from citizens residing on Fresno Street, 11:$ requesting the installation of a street light in the 1500 block of Fresno Street,. · x:ae before Council. l~.,~.hldrop moved that the matter be referred to the City ~[anager for investigation and report to Council. ~e.~otion was seconded by Hr. Young and adont~ S~REEU LIGHTS: ihs City Clerk presented a report from the Appalachian Pod:er Company, shotting the installation of t~enty-four street lights and the removal of t~o street lights during the month of June, 1984. The co~m~nlcation ~as filed. CI~f JAIL: A communication from the Department of ~!elfare and Institutions, transmitting a report on the inspection of the City Jail on June 22, 19~ before Council. Mr. Hanes moved that the report be filed. The motion was seconded by ~. Young and adopted. · POLICE DEP=tR~IT: A cor_uunication from the Department of ~,~lfare and Institutions, transmitting a report on the inspection of the Roanoke City lockup on June 22, 19S4_, was before Council. ~.~. Minton moved that the report be filed. ~e motion was seconded by ~,~. Hanes and adopted. RE.~-T~L~DS AND REBATES-LICENSE: A cor~u%uuication from ~lr. C. Muncie %!alker, advising that he has purchased a restaurant license for the operation of a at 122 Sale~ Avenue, S. E., for the fiscal year 19S4, and that by reason of the 's p~rchase of the building in which his restaurant is located as a part of the right-I of-way for the Jefferson Street Grade Crossing Eli~ination Viaduct and Project he .1 be unable to rermin in business for the last s~x months of the year, ~as before Council, !.~. ~.lalker requesting that the body refund one-half of the license fee for the reasons stated. · ~. Young stated that while Co~ncil does not usually make refunds on licens~ he feels that this matter should receive serious consideration since the city forced the .nan out of business, and moved tPmt the request be referred to the City Attorney for an opinion on the question. The .~otton %~s seconded by ~. Minton and adopted. REPORTS OF OFFICERS~ DEPAR~-~? OF PUBLIC WORKS~ The City l'[armger presented a tabulation of bids received in the office of the Purchasing Agent on June 24, 1954, for one ~:otor Pickup Sweeper~ which tabulation has been compiled by 2gr. John L. ~.fentworth, Directc of Public ~.!orks, ~. R. B. Moss, Purchasing Agent~ and Mr. E. It. Richardson, Super- int%ndent of the City Garage~ the City l.~nager advising that the low bidder has 'submitted a bid on a sweeper which does not meet city specifications. Hr. Hanes moved tP~t the low bid be rejected and that ~!essrs. ~entworth, ,'.'oss and Hicbmrdson be directed to rmke a re-study of the bids and recommend the most suitable sweeper for the city's needs to Council at its next regular meeting. The motion %~as seconded by Hr. ~aldrop and adopted. PARKS AND PLAYGROU~:DS~ Council at its meeting on June 28, 19~, having requested the City ~!anager to investigate the rmtter of general ll£hting for Eureka Park and to make a recor~uendation, he presented a report of the Director of Parks and Recreation in which it ~as stated that the Director of Parks and Recreation strongly recon-~ends night lighting not only in Eureka Park but in all parks of the city in order to increase the use of the parks hy adults as ::ell as youngsters for supervised play in the evening hours~ but that it will be necessary to expend approximately $SOO.O0 per Fark to accomplish this move, and it is his recor~endatiol that the matter be laid over ~mtil the 1958 budget study at %;hich time he %~ill make a request for such funds, the City Manager concurring in the above report. !Ir. !:inton moved that Council concur ii the recor~endation of the City ~'lanager. The ~otion was seconded by L'r. ~foody and adopted. STi{RE? LIGHTS: The City ~anager submitted %rritten report, reco~nendtnm the installation of additional street lights and the replacement of certain existing street lights on Elm Avenue, S. l~f., between Jefferson Street and Franklin R~d, in accordance with a connuntcation from the ~ppalachian Electric Po'~;er Company under date of J~e I~. ~faldrop moved that Council concur In the recom~nendatlon of the City Ha~ger and offered the following Resolution: (f12172) A RESOLUTION authorlclng the installation of street lights and the replacement of certain existing street lights on Elm Avenue, S. !~.~ between Jeffers~ Street and Fra~lln Road. (For ~ll text of Resolutlon, see Ordinance Book No. 20, Page 217.) }~. ~faldrop moved the adoption of the Resolution. ~e notion was seconded by ~r. }~nes and adopted by the follow, lng vote: A~S: Co~cll members Hanes~ Minton, Pickett, l.~ldrop, ~fo~y, Tong, and the President, ~. 'Jebher .......... 7. NAYS: None ................. O. S~T LIGHTS: ~e City ~!anager submitted ~itten report, reco~nending the installation of additional street lights and the replacement of certain existing street lights on ~ird Street, S. E., bet%'een Campbell Avenue and Jefferson Street, in accordance with a co~umnication from the Appalachian Electric Po%~er Conoany ~de: date of June 28, 19~. Hr. l-faldrop moved that Co~cfl conc~ ~ the reco~uendation of the City Hanager and offered the following Resolution: 40¥, 40. ' (#12173) A RESOLUTI~t authorizing the installation of street lights and replacenent of certain existing street lights on Third Street, S. E.~ between Canpbell Avenue and Jefferson Street. (For full text of Resolution~ see Ordinance Book No. ~O~.pnge 218.) l~. laldrop neved the adoption of the Resolution. The motion vas seconded by 1~. llanos and adopted by tl~ following votes A%~S: Council menbers Banes, Minton~ Plckett~ ?!aldrop, l'body~ Young~ and the President, I~. %:ebber ............ 7. NAYS: None ......... O. BUDGET-DEPtR~.~NT OF PUBLIC I~LFARE: The City I.~nager presented a report of the Director of Public l~lfare, showing that an expenditure of approximately ~4.9,000.00 has been node as of June SO, 1954, fron the appropriation of as carried in the 19.54 Dudget for hospitalization of indigent persons, and estinat- ins requirencnts for the year to he between $00,000.09 and S100,009.00, the City !~anager advising that he will present a request for an appropriation to supplement this account at the next regular hooting of Council. ~. i~nes noved that the report bo filed. ~e notion ~as seconded by !Ir. llinton and adopted. ~-?tAFFIC: ~e City l~nager presented o report fron the Superintendent of Police, recor~endlng that the following neasures be taken to inprove the traffic ondftions on i%In Street, S. IL, in the vicinity of l~sena Avenue: 1. Install a traffic signal at the intersection of i.~in Street and l'~sena Avenue, S. ~. 2. Restrict parking to one-hour bet,'eon the hours of 8:00 A. !!. to 6:00 P. Il. on the east side of Hain Street fron %linens Avenue to l.~asena Avenue, S. IL 3. Allow no parking at all tines on the west side of Main Street frou lllnona Avenue to !;indsor Avenue, S. ~. ~e City llanager stating that h~ concurs in the reco.-t~endations of the Superintendent of Police and that additional funds ~ill not he required, I~. i~nee noved that Council concur~ the recoxuendation of the City }lanager, provided the cost is borne out of the present appropriations for the Police Departnent contained in the 1954 Budget. ~e uotion was seconded by !-~. Minton and adopted. DELINQL~? TAX DEP.%R~.~IT: iT..e City Manager advised Council that there is a Change Fund of $25.00 in the Delinquent Tax Departnent and that such fund is inadequate for the operation of the departnent, the City I%nager recoxuendlng that the Change Fund be increased fron $25.e9 to $100.09. ~. l~nes noved t.hat Council concur in the recomuendation of the City and offered the following Resolution: (~12174) A RESOLU~IOH to establish a petty cash fund for the Delinquent Tax Departnent of $10O.O0; repealing Resolution I{o. 4452, adopted on the Eth day of February~ lOSS; and providing for an energency. (For full text of Resolution, see Ordinance Book No. 20, Page 219.) }~. Itanes moved the adoption of the Resolution. The motion %~s seconded by l~. Ilinton and adopted by the following vote: AY=~S: Council northers Hanes, Minton, Pickett, l~ldrop, ~loody, Young, and the President: I.~. l~bber ............. 7. NAYS: Bone ................ O. It appearing that it will be necessary to appropriate the additional $78.09. I~. Hanes offered the folio%ring emergency Ordinance: (~12175) AN ORDINANCE to a~end and reordain Section ~154, "Refunds and Rebates", of the 1954 Appropriabion Ordinance, and providing for an emergency. (For full text of Ordinance~ see Ordinance Book No. 20, Page 220.) Mr. }Lmnes moved the adoption of the Ordir~%nce. The motion was seconded by Mr. Minton and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, %.,'aldrop, Woody, Young~ and the President, Hr. ~.:ebber ........... 7. NAYS: None .................. O. BUDGE?-CI/'f SERGEANt: The City l.~nager presented a request from the City Sergeant for an appropriation to increase his salary by $£20.09 per ar~uu.m, one-third of the cost to be paid by the city, which will bring the salary up to the rnximu-u allot'ed by the state, the appropriation requested being $1~.66 to pay the city's one-third cost for the remainder of the year. ~tr. %'foody moved that the matter be laid over ~ntil the next regular meeting of Council. The motion %'as seconded by ~Ms. Pickett and adopted. IrJDGET-CIi~f JAIL: The City ~Smnager presented a request from the City Sergear for an appropriation of SGO.OO in the City Jail accou~nt for payment of a premium fox insurance on the freight elevator which renders service to the Roanoke City Jail, the City Sergeant pointing out that the State has not heretofore participated in th~ item, but that he believes if Council will make the appropriation the State Board Corrections will approve it for state participation; u, hereupon, ~fr. ;!lnton offered the follow, lng emergency Ordinance: (#12178) Al: ORDINAL~CE to a~end and reordain Section .~S9, "Jail", of the 19.54 Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book !;o. 20, Page 220.) :.tr. Hlnton moved the adoption of the Ordinance. I~ne motion was seconded hy Mr. ~.:aldrop and adopted by the following vote: A~S: Comncll members Hanes, Minton, Pickett, ~faldrop, ~foody, and Young---6. NAYS: ~e ~esident, ~M. lfebber ......... 1. REPO~ OF CO!EIIT~S: None. U~IHIS!~D BUSINESS: ZONIEG: A report of the City Pla~ning Co~.uission on the matter of rezonfng property of ~. Charles A. Austin on the northwest corner of Shenandoah Avenue and Cro%~orr Street, N. ~'~., havi~ been laid over from the meeting of June 2S, order to allow ~. Austin's Attorney, ~. G. J. ~falpert, to appear in connection therewith, the matter was again before Co,oil. Council being advised that ~. ~falpert is still out of the city, ~. Hanes moved that the matter be lald over ~tfl the next regular meeting of the b~y. ~e motion was seconded by ~. Minton and adopted. ZONING: Co,oil at its meeting of J~e 14, 19~, having referred to the City Pla~ing Co~ssion a petition of ~'~. B. Sh~te, and others, requesting the rezonfng of property located on Underhill and Bro%-~lee Avenues, S. E., from General Residence District to Light Industrial District, said properties being designated Block 8, Lots 9 t~ough la, and Lots 22 t~ough 26, and Block G, ~ztover Place Map the City Pla~ing Co~uission sub~tted a report, recommending that the request of the petitioner be granted. Mr. Wo~y moved that a public hearing on the ~tter be held on August 19~, at 2:~ o'clock, p. m., in the Council Chamber, and t~t the Attorney for the ~etitioner he directed to prepare the necessary notice of public hearing, which notice should be approved by the City Attorney and presented to the City Clerk for insertion in the nevspapers as required under the lay. The notion was seconded by `'ire ~.'aldrop and adopted. SC!IOOL BOArDs It appearin~ that there are three vacancies on the Roanoke . City School Board, the President, Mr. l,'ebBer, called for nominations to fill the ~-acancles; whereupon, l.[rs. Pickett placed in nomination the rmnes of Itt. J. Barclay Andre%'s, Dr. L. C. Downing and `'~. Jo.tn II. *~nornton, Jr. There ~einf no further no.-Linatlons, `'.~. J. Barclay Andrews bras reelected as a School ?rustee for the City of Roanoke for a term of three years ending June 30, 1957, Dr. L. C. Do,ninE bras elected as a School TTustee for the City of Roanoke for a tern of t.~ee years ending June 30, 1957, and `'ir. Jo,~n :t. ~.]ornton, Jr. ~ elected as a School ~rustee for the City of Roanoke to fill the unexpired term of .'-~. LeRoy H. Smith, deceased, ending Jtule 30, 19SS, by the followln2 vote: A%~S: Council members l,.'anes, `'[lnton, Pickett~ ',:aldropt '..food)-, Young, and th( President, ,'.Ir. ~febber ........... ?. NAYS: `';one .............. O. ~e City Clerk t'as instructed to for%.;ard `':r. Andre%cs, Dr. Dot, ninE and /~lornton ce~tificates of their election. COL~SIDE.qATIO:[ OF CLAII~: INTRODUCTIO:! AND CONSIDERATIO'.! OF ORDINAL'CES A."~D RESOLUTIONS: ZO:~ING-SEYBACK LIirES: Ordlnance No. 1215~ establis)dng a buildlnE setback line on the north side of Salem Avenue~ S. !:., between Jefferson Street and First Street, havtn~ previously been before Council for its first reading, read and laid over, ~-:as again before the body~ 1~. YotmE offering the follo%.:in~ for its second readfn~ and final adoption: (fl,!SS) A-"; ORDI!:A!iCE establishtr~ a building setback line on the north side of Salem Avenue, S. %f.~ bet%'een Jefferson Street and First Street~ S. ~.,sa~d settack line to be located 13.0 feet nortkerty from the pPesent established heft!: line of Salem Avenue, S. ti., bet%:een said streets, to provide for the widening of Salem Avenue~ S. ~.~ het,;:een sa~d streets, to approximately 63.0 feet. (For full text of Ordinance, see Ordinance Book ~[o. ZO, Fa[e ~[r. Yo~E moved tke adoption of the OTd!nance. ~e notion %zas seconded Hr. I~fnton and adopted ~y the follo%~inE vote: A%~S: Council nemteFs tianes~ ~[inton, Pickett~ ~'TaldFop, %'goody, Y~n~ and the ~esident~ ~.~. %feb~er ........... 7. NAYS: None .................. O. P~KS AND PL~YGR~rNDS~ Ordinance ~[o. 1~169~ dedicatin~ the ~zek'ell ~-Iorgan H e irs property recently acquired by the City of Roanoke for park and recreational p~poses and desiE~tinE the tract of land as "~asher Pa~k", having previously teen before Co~cil for its first read~ng~ read and lald over, ~as again before the ~ody~ [~. %'[aldrop offering the relict, inE for its second ~eading and f~nal adoption: (~12169) AN ORDINanCE de,ca,nE certain public p~operty fop paPk and recreational p~poses; and provid~ng a name therefor. (For ~11 tex~ of Ordinance, see Ordinance Book No. ~0~ Pate 216.) ~.fF. ~.faldrop moved the adoption of the O~di~nce. ~e motion %~s seconded I.M. Ifoody and adopted ~y the relict, inE vote: .! 411 AYES! Council members Hanes, Minton, Pickett, %faldrop, Woody, young, and the'President, Fm. Webber ........... 7~ NAYS: None .................. O. A~ORY~ Ordinance No. 12170, condltiomally authorizing the execution of a contract between the Commonwealth of Virginia and the City of Roanoke, with referenc to the construction, operation, maintenance and use of an Armory, having previously been before Council for its first reading, read and laid over, was agaln before the body~ Mr. Woody offering the following for it~ second reading and final adoption: (#12170) ~ ORDINA~[CE con~ltlonally authorizing the execution of a contract between the Commonwealth of Virginia and the City of Roanoke, with reference to the construction, operation, maintenance and use of an Armory. (For f~ll text of Ordin~nce, see Ordinance Book No. 20, Page 217.) Mr. ~oody moved the adoption of the Ordinance. The motion ~as seconded by Mr. Hanes and adopted by the following vote: AYES: Council members Hanes, ~inton, Pickett, %~aldrop, 'body, Young~ and the President, ~'~. %~ebber .......... 7. NAYS: None ................. O. GARBAGE R~[OVAL: Council at its meeting of June ER, 19~, having received a report fro~ its co~ttee, recor~ending the purchase of two garbage truck chassis from the Magic City ~[otor Corporation at a cost of $S,470.00, and having directed the preparation of a Resolution a%'arding the contract for the purchase of said Mr. Hanes offered the following Resolution: (f12177) A RESOLUTION a%.arding a contract for the purchase of t~o garbage truck chassis upon certain terms and conditions; and providing for an emergency. (For full text of Resolution, see Ordinance Book ~o. 20, Page ~20.) Mr. Hanes moved the adoption of the Resolution. ~e notion was seconded by Hr. ~oody and adopted by the following vote: A~S: Council members Hanes, !!inton, Pickett, ~%ldrop, Woody, young, and th~ President, Mr. %~ebber .......... 7. NAYS: None .............. O. SCHOOL BOARD: Council at its last regular ~eetinE having instructed the Attorney to prepare a Resolution, expressing the regret of the body at the death Mr. LeBoy H. S~ith, Chair~n of the Roanoke City School Board, he presented same; whereupon, ~r. Young offered the following: (#1217E) A REBOLUTI~ in memorial to the late LeRoy Henry Smith. (For full text of Hesolution, see Ordinance Book No. 20, Page 221.) M~. Young moved the adoptlon of thc Resolution. The motion was seconded by ~5r. Minton and adopted by the following vote: AYES: Council members Hanes, ~Iinton, Pickett, %~ldrop, Woody, young, and the President, Mr. %~bber ......... 7. NAYS: None ................ O. SEt, AGE DISPOSAL: The Board of Supervisors of Roanoke County having previousl informed the Council of the City of Roanoke that it has appointed a committee to out a contract with the City of Roanoke for the treatment of sewage from Roanoke County entering the Roanoke City sewage system and for water services fro~ Roanoke County, and Council at its meeting of June 28~ 19.54~ having directed the of a Resolution appofntlng a like co~nlttee for the City of Roanoke, Mr. %~aldrop offered the following: 412 (#1~179) A RESOLUTION appointin~ a committee to confer with a co..~ttee heretofore appointed by the Board of Supervisors of Roanoke County, and officials interested corporations, for the purpose of recommending an acceptable procedure pursuant to which, where practicable, the City may transport to and treat in its sewage disposal plant sewage originating within defined areas situated in the ~of Roanoke; and providing for an emergency. (For full text of Resolution, see Ordinance Rook No. 20, page 222.) Mr. Waldrop moved the adoption of the Resolution. The motion was seconded by }M. Minton and adopted by the following vote: A~ES: Council members t!anes, Minton, Pickett, Waldrop, Woody, Young, and President, Mr. Webber ........ 7. NAYS: None ........... O. MOTIONS AND MISCELLA~CEOUS BUSINESS: PARKS AND PLAYGROUndS: A committee of the Garden City Civic League appeared lefore Council and through its Chairman, :ir. G. E. %~illis, expressed the desire of the League for a permanent park in the Garden City area, Mr. !~lllis stating that there are only a few locations suitable for parks left in the Garden City area and that it is the recommendation of the League that the city investigate the posslblli~ of securing the land of Mr. J. L. Campbell containing approximately ten acres locate on the north side of Yellow Mountain Road, S. E., between Sprlngvale Street and Virginia Route ilo. 672, which the representative of the GardenClty Civic League advised the body has been offered for approximately SG,O00.O0. Mr. ?··dy moved that the matter be referred to the City Planning Cot. mission for study, report and reco~.endation to Council and to the City Homager to tnvesti and secure a price on the property. The motlon was seconded by Mr. %faldrop and adopted. CITY EMPLOYEES: :~. Paul J. Puckett appeared before Council and made the following statement: "At your last meeting, I suggested that a Grand Jury investigation be rmde to clarify an apparent deplorable condition existing at the City Garage. Council did not approve of this suggestion. At the time I proposed thts procedure, I had in my possession certain information and since my suggestion has received so much publicity, this and additional information has been reduced to writing under oath. I would like to state publicly that these affidavits were brought to my home voluntarily and after reading them I warned the affiants of the seriousness of their statement and the penalties that could be imposed if they were false. I want it distinctly understood that I am neither a prosecutor nor a persecutor, nor am I interested in protecting a person or a group of I call councils attention to the affidavits wherein it is stated that some few employees holding higher offices than those who have been discharged evidently set a poor standard of leadership. In my personal opinion, the sole purpose of b~ving supervisors is for such men to be capable of leading those who cannot lead the~selves. To use the ordinary expression, I am not out for anyone's Job. Should an investigation disclose, however, that such a situation does exist as reflected in these affidavits, it will be up to council to remedy this condition. I am not making any charges except, that in my opinion, and regardless o£ whether a Grand Jury dnvestigatdon be held or not, that some searching examination should be made by those in authority preferably by a committee appointed by council, or by a Grand Jury investigation, to bring any irregularities to light. I herewith hand you the photostated copies of S1 affidavits and my request is that members of council read them and take steps at toward investigating the truth of their contents. I further request that due to some city employees specifically named in the affidavits, that these names be withheld for the present, until council has an opportuuity to thi~k the matter over and form an opinion as to what procedure they may choose to follow. Since this information was brought to me voluntary, and while I am at present only a councilman-elect, I fail to see why I should personally ass~e the responsibility of further investigating this affair since my private business affairs do not permit me to take the time. %~ere I now in office and sitting in ny capacity as a councilman elected by the voters of the City, I would feel it my duty to go into this matter thoroughly. Until I am officially a member of the council, I can only act in the capaci of a private citizen. I do not feel 1%~uld be doin~ my duty to those who voted for me, should I withhold this information from this body. ~herefore I an givir~ you the benefit of this information for you~ consideration. For the benefit of the public, comparatively few city employees are n~ned in these affidavits and I trust that none of our loyal and efficient city employees will be prejudged or caused embarrassment by r~nors unsuppor by affidavits or by the apparently few employees that may have been guilty of irregularities. In fact so many unsupported r~mors have been flying around, the only way ! see to clear the great majority of city employees from any aspersions that .may be cast upon them by r~nors, is to clarify the situation by some official act. If this is not done, I am afraid that these r~mors will be magnified by repetition. I want council to know that while ! camnot spare the time to make a personal investigation, council ls free at any time to call upon my services to assist them. I therefore hand you the affidavits and leave the matter in your hands. Mr. Puckett then started to hand over photostatic copies of the sworn affidavits to the City Clerk. At this point, the Mayor stated that if the affidavits were publicly filed with Council they would l~nediately become public records and their contents would be i~mediately available to any interested citizen, lie further stated that he knew none of their contents, but that if they contained any criminal accusation they should go either to tko Commonwealth Attorney or to the Superintendent of Police where they oould be investigated in confidence. ~r. Puckett replied that it was up to Council to determine %~hether Council would receive the papers. He emphasized that they involved City employees and that Council should not take then llghtly. ~:e ~yor then again stated that Council didn't know what ~as in the papers and that there night be libel suits. ~le Hayer stated that therefore their filing was left entirely up to ~[r. ~lokett. · ~he City Attorney stated that it %rould be just as easy for ~[r. Puckett to hand the affidavits to the Superintendent of Police or the Cemmon,~:ealth's Attorney as it ~ould be to file then with Council. He assured ~[r. Puckett that if that was done the Commonwealth Attorney or the Chief Of Police could and would make a careful investigation without ~ivinE publicity to the affidavits %tr, til such official was reasonably satisfied that official action should be taken. ~le City Attorney furtke stated that if Mr. Puckett desired to file the copies with Council }:e and no one els was filinE them and the contents of the papers would become public information. ~. Puckett then referred to Council's power under the Charter to make its o%.~ investigation, but declared that such an investigation could not be made if the information he proposed to file %'as going to be made public. The !~yor replied that if the papers were filed wlth Council they, under the law, automatically became a public record. Mr. Puckett then inquired if Council planned to take any action in the matter. If the body plans to take no action he said he saw no reason to file the papers. %~nereupon, the Mayor answered that if the papers were filed with Comucil there was no question that some action ~ould be taken. ~. Woody stated that that was just the point. He reiterated t~mt Council did not know what the affidavits contained and stated that if the information ought not to be made public then it should he given the Com~nonwealth's Attorney or the Superintendent of Police. He reiterated that ~. Puckett knew %'hat was contained in the papers and that Council did not and, therefore, that ~. Puckett would have 413 41'4' to make the decision and not Council because anything done or received by Council in open session was a'natter of public record. Councilman Young stated that if Mr. Puckett chose to turn the papers over tc Council and' allowed the lnfornation to be made public, he felt there should be no fear about Council's taking action. Further Councilman Young declared that he wouli m~ke a notion that l=aediate action be taken. }~ereupon~ t.L. Puckett filed the photostatic copies of the affidavits with the City Clerk. I=~ediately thereafter Councllrmn Young suggested an early meeting of the body to determine what evidence had been filed and what action should be taken. ZONIKG-TRAFFIC: IL. Morton Honey~an, Attorney, representing I-L. Roy R. Pollard~ Sr., and Virginia Pollard, appeared before Council in connection with the request previously made for rezoning of property located between Sherwood Avenue and Brandon Avenue~ S. %~., ~est of llain Street, from General Residence District to Business District, which was before the body at its meeting of l.~y ~4, 1954, and referred to the City Planning Co~misslon for study, report and recommendation to Co~ncil, i~L. t{one)~an stating that his clients offer to give the City of Roanoke the portion of Lot 11, Block 5, Barbour }{eights Ifap, indicated on the City Engineer map entitled "Proposed Changes to intersection of Brandon Avenue, }.lain Street and Sherwood Avenue"~ dated June 14, 19f54, as required by the city to eliminate tho traffic hazard at that intersection, provided the City of Roanoke rezones his clten~ propertX descrlEed as Bots 9, 10 and 11~ Block 5, Barbour Heights Hap, from General Residence District to Business District. l~. $~ldrop moved that the matter be referred to the City Planning for study, report and recox~endatton to Council along with tile rezoninE request now in its hands. The motion ~as seconded hy IL. Hanes and adopted. SUBDIVISIONS: The City Clerk reported to Council that he has received from the Board of Supervisors of Roanoke County an Ordinance entitled "Land Subdivision Ordfnance"~ adopted by the Board of Supervisors on June Ei~ 1954. ~le Ordinance was ordered filed. %fAT~ DEPAR~NT: The City I~nager presented a report of Alvord, Burdick & Howson~ Consulting Engineers, on a study of water requirements for the City of Roanoke and reco~uendations for improvements thereto. Council received the report for study and future 'consideration. ClUff ~{PLOYEES: Mr. Young moved that Council recess at 5:00 o'clock~ p; m., to reconvene at 7:80 o'clock, p. m., for consideration of the affidavits filed by Mr. Paul J. P~ckett.. The motion was seconded by IL. %body and adopted. The meeting %~s reconvened at 7:$0 o'clock, p. m., with all members present. at which time each member of Council, lndlvldually, reviewed each of t~e affidavits presented to the body by ~-L. Puckett, after %*hich ~.L. Hanes stated that Council has no machinery for conducting a proper investigation to determine the facts concerning the a11egatfons made in the affidavits and that he feels the matter should be turned over to the Com~uon%'ealth Attorney who can and he feels will make a thorough investi- gation and take such action as is indicated from such investigation. Mr. %.faldrop moved that the City Clerk be instructed to transmit to the Commonwealth Attorney the affidavits filed with Council by }~. Puckett for such action as he deems proper. The motion was seconded by ~L. Hanes and adopted. There being no further business, Council adjourned. APPROVED President 4-15 :416' COUNCIL, REGULAR Hand,y. July The Council of the C!ty o~ Roanoke met in regular meeting the Circuit Court Room in the Municipal Building. Hordey. July 26, 1954. at ~00 otclock. p. m,, tie re[ulsr meeting hour. with the President, H~. Webber. presiding. PRF~E~S Council members Hanes. Minton. Pickett. Waldrop. Woody. Young~ and the President, M~. Webber ................. ?. AP.SENTI None ...................... O. OFFICERS PRE~ENT: Mr. Arthur S. O's,ns, City Manager, Mr. Randolph O. k~lttl City Attorney, Mr. Harry R. Yates, City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by Mr. Arthur $. Owens, City Manager. MINUTE.~: Copy o' the minutes o? the regular mc.tinF held on Monday, ~uly 12 19~, havin~ been furnished each member Of Council, upon motion of Mr. Minton, seconded by Mr. Young and adopted, the readln~ was dispensed with and the minutes approved as recorded. HVARIR~ OF CITIZENS UPON PUPL~C ~TTERS: WATER DEPArTMEnt: Council haelngpreviously directed the City Manager to advertise for bids for a contract for repair of streets, restoring cuts made by the Water Department, for a six ~nths period beginning Septeaber 1, 195~, the City Clerk reported that he has received blds £ra'~ John A. Hall and Company, Sam Pinley, Incorporated, Pioneer Constr~ction Company, Incorpomated, and Adams Construction Company. The Mayor asked if there was an,! objection on ~he part of any bidder to the manner of handlin~ the ad~ertisement for these bids and received no objection. The bids were ~hen read to Council. Mr. Young mo,'ed that the bids be re£err~d to a committee consisting of Mr. John L. Wentworth, Mr. H. Cletus Broyles and !i~. Charles E. Moore for tabt'latton and report to Council at its m'etlng of August 9, 195~. The motion wes seconded by Mr. Minton and adopted. TRAFFIC: A ~'ro~p o£ citizens, merchants and far.ers appeared before Cotmcil in protest to the recently announced traffic chan~es In the downtown area, particularly arour~d the City Market. Mr. Russell O. Ha~mabass a~ted as spokesman for the group and ineormed Couz that the plan would drive customers away from the City Market and also drive the farmers away fram the Market, Mr. Hannabass advising the body that ptrkir& Farages are too far away from the Market For customers of the merchants and farmers operati thereon to carry large burdens to their cars and stating that at such time as parking becomes available under the new Jefferson Street Viaduct some relief will be afforded in the parking problem in that area. In response to a question by the Mayor, the City Manager advised Council no plan has been made for the Market area. i~. Waldrop stated that a feeling exists a~ong the merchants, farmers and other ~usinessmen in the Market area that the Market is going to be put out of Hr. Minton stated that if no chan~e is made other than the erection of the Jefferson Street ViaduCt the bus,ness people in the Market area will suffer and that. if an~ chants in traffic conditions other than those b~ou~ht about by the construction of the b~idge la,ads which will eliminate parkin~ln the area or ~aks the traffic situation any worse than it now is it will drive the farmers f~o~ the Harket and put half of the ~erchents out of business, Hr. Hlnton etatin~ furth~ thst as far as his knowledge ~oes this is the only fa~er~s ~arket in the United States that pays its way° Durin~ the discussion~ it wee stated that two'parkin~ lots in the area have bees eliminated which adds to the con~ested condition. Hi-. Youn~ asked about these particule~ lote~ and upon beir~ advised that one of the lots is nos o~ned by the city. havin~ been purchased as a part of the right-of-way fo~ the Jefferson ~treet ¥1aduct~ he requested that the City Hamster inv~stisate this matter and ess if some arrenEements cannot be made whereby the lot cas be reopened and used for parkin~ until s~ch time as it becomes n~cessary for the brid~e constr~ction project. The City Hamster advised that this can and will be accomplished. The Rayor then au~ested that the City HanaFer meet with representatives of the merchants and farmers operatin~ in the Racket area in an effort to arrive at a satisfactory conclusion. H~o Your~ then moved that the matter Be rcFerred to the City Hana~er For Ifurther study and that a meeting, be held by the City HanaFer in the City Ha~ket !Auditoriu~ on Wednesday. July ~8, 19~$~ at 9tOO o~clock, a. m.. to receive the complaints and su~estions Of the people operatin~ in the Rarket area. The motion was seconded by Rt. Hanes and adopted. P~TITIONS Ah~ COH~UNICATION$~ PA1LES A~D PLA~OROUITD3t A petition from residents in the vicinity of Helrose Fark, askln~ that Council investigate the reasons why Helloes Park is not bein~ properly maintained and does not ha~e adequate facilities, ~as before the body. Hr. Hanes moved to refer the petition to the City Hana~er with the request that he Investigate the matter.and make recommendations to Council at its next ~e~ular meetln~ lnclndin~ the cost of such improvements as might be recommended. The motion ~as seconded by H~. Waldrop and adopted. LICENSE TA~ COD~: A communication from Freeman and Freeman~ proteetin~ a~ein the seventy-five cents fee for the issuance of business licenses~ was before Council. H~. Hanes moved that the matter be referred to the License Tax Code Study Committee for its consideration in recodifyir~ the License Tax Code. The motion was seconded b! ~. Your~ and adopted. ZONING: A con~nunication from H~o Balph A. Glasgow. requestln~ that two lots havin~ offlelal des1~n~tion as Nos. 2020~28 and 20~0~]3 be rezoned from 6eneral Residence District to Business District. wasbefore Council. The City'Clerk advised Council that this matter has previously been before the body and denied'by Council at its meetln~of Hatch 2~'19~]. The CltyAttorn~y then advised Council that there is pendir~ in the La~ and Chancery Court of the C~ty of Roanoke a petition for a writ of certiorari for an order overrulin~ the BOal'd-of Zonin~ Appeals of the City of Roanoke and asktn~ an order be entered by the court p~rmitting, him to uss the real estate in question for commercial PUrposes and that he feels the emtter should be tabled until such time as the court procsedin~ bsa been disposed of because he does not think that OlasAoe should have a request pendin~ in two different forums at tho same tl~e on the sams subject. Mr. Hanes moved that the request of Mr. Olasgou be tabled until such time · the Law and Chancery Court renders · decision ~n the matte~ pendln~ before it. The motion was seconded by Mr. Waldrop and adopted, WATE~ DgPARTMENT~ A petition from citizens residin~ on Brooks Avenue~ $o requesting that the city provide water service for their property end relief from the excessive char~es of the Water Department, was before Council. In reply to a question by the Hayor, the City Hans£e~ advised Council the char~es set up by the Water Department in this ~netance are u~der the Rules and Re~ulations of the Water Department adopted by Council, but that he sill ~lad to check into the accuracy of same. Mr. Woody moved that the mstte~ be referred to the City Manager for necesss action. The motion uss seconded by Mr. Youn~ end adopted. WATER DEPARTMENT: A petition from citizens resldin~ on Eefauve~ Road, $. E. requestin~ that the city in, tall water mains in order to deliver uater to homes and that they be relieved of excessive charEea for the installation of said ~alns, was before Council. M~. Woody moved to refer the matte~ to the City MeneFer for necessary action. The motion was seconded by Mr. Youn~ and adopted. WATE~ DE?ARTME.~T: A communication fram M~. S. A. Overfelt, Plhg Woodland Boad, S. E., stetinE that there are seven ~[liee on the street usin~ wate~ from a sprin~ and wantinE to knov why they cannot Est city water, was before Council. Mr. Woody moved to ~ofer the matter to the City Mana~e~. The motion was seconded by Mr. Youn~ and adopted. aTE?ET CLOSING: A co~:unlcatlon from H~. Prederlck E. Lerson, Attorney, representinE Rosalind H~mes, Incorporated, King Daywalt, Alberta Thorne Daywalt and Jeanrmtte G. Thorne, rsquestinE that Oak Road, S. W., (Woods Hall) between Overran Street and the west corporate line of the city, be closed and abandoned for street purposes, was before Council. M~. Woody moved that the request be referred to the City PlanninE for study, report and recommendation to Council. The motion was seconded by Minton and adopted. BUDGET~COMMO~ALTH ATTORNEY: A co~municatlon from M~. C. E. Cuddy, Commonwealth Attorney, requesting that Council appropriate ~0.00 to the Travel Expense account in hie budEet to permit hf~ and the Assistant CommonWealth Attorney to attend a conference called by the state at the university of was before the body. Mr. Hanes moved.that Council concu~ tn the request and offered the followir emerKency Ondlnence: (#1~180) AN ORDINANCE to amend and reordatn Section ~6, "Con~uor~ealth~a Attorney ", of the 195~ Appropriation Ordinance, end providing for an emergency. (For full text of 0rdins.nce, see Ordinance Book No. ZO, ?aEc H~. Hanes moved tho adoption of the Ordinsn~e. The motion was seconded by Mr, Waldrop and adopted by the followin~ votez AYES~ Council members Hanee~ Minton, tickett, Waldrop, Woody, Youn~,'and President, H~, Webber .................. ?o NAYSz None ..................... 0. REPORTS O~ OFI~ICERSI BUD~ET-JUVENILE DETE~TION M0~l The City Manager presented a co~unication from the Judge of the Juvenile and Domestic Relations Court, reporting that certain changes in the law aa a result of action of the General Assembly at its last session m~de the city eligible for additional funds from the state'in connection with the operation of the Juvenile Detention Home effective July 19~4, and that in order for the city to meet the requirements of the State Department of Welfare and Institutions it will be necessary for the city to take over two enployeae at the Juvenile Detention Home now paid from state funds which will necessitate an appropriation of ~2,6~0.00 to pay the salaries of these two employees for the last six months of the year, two-thirds of which a~ount will be refunded to the city by the state. Hrs. Pickett o£~ered the following emergency Ordinance appropriating the total sum of (#12181) AN ORDI~ANCE to amend and reordain Section ~31, "Juvenile and Detention Home", of the 19~ Appropriation Ordinance, and providing for an emergenc (~or full text of Ordinance, see Ordinance Dock No. 20, Page 22~.) Hrs. Pickett me,ed the adoption of the Ordinance. The motion was seconded b~ Hr. Hanes and adopted by the following voter AYESt Council members Hanes, Minton, Flckett, WAldrop, Woody, Young, and th President, Hr. Webber ....... ~ .......... NA¥St None ..................... O. ALMSHOUSE: The City Manager submitted ~ltten report from the Almshouse for the month of June, 195~, aho~lng a total expense of $2,107.28, as compared with a total expense of $1,628.58 for the month of June, The report was filed. CITY PHYSICIAN: The City Manager submitted w~ltten report fro~ the City Physician for the month of June, 19~, sbo~lng 610 office calls, 713 prescriptions filled and 23~ treatments given in the o~fice, as compared w~th ~81 office calla, 602 prescriptions filled and 2~9 treatmen~ given in the office for the month of Ju~ 1953. The report was £11ed. DEPARTHE~T OP PUBLIC WELFARE: The City Manager submitted written reports covering the expenditures and activities o£ the Department of Public Welfare duriz the month of June, 19~4, in compliance with Sections 63-67.1 and 63-67.2, Code of Virginia. The reports were filed. REPORTSI The City Manaser submitted written reports from the Roanoke Municipal Airport, the City Market, the Delinquent Tax Department, the Department of B~lldings, the Electrical Department, the Health Department, the Police Department and the Purchasing Department for the month of June, 195~. 419 ?he reports uere fixed, BUDOET-FIRE D~AR?~T: The Cit~ Ha~ge~ repo~ted to Council that the ~u~na at No. I Fare ~tat~on Is ~n such shape that ~eplace~ent la ~cessa~ and that a' ~nace reefed f~o~ the Acade~ o~ Husic buildinZ is available a~ can l~stalled in the station, adv~sl~ ho~ev~r~ that it ~lll be necessary to install a ~toke~ o~ the Furnace ~o~ ~o~e~ operst~o~ a~ requested that $~.OO be t~ansfferred from the app~op~lation fo~ purchase o~ fire hose under Depart~ntal Equip~ent ~ I~rove~ents account to Repairs to B~lldinss accost ~n the Fire Departaent budget. ~. ~ald~op moved ~at Council concu~ In the report o~ the City offered the follo~i~ e~er~ency O~nance~ (~12182) AN O~INANCE to ~e~ a~ ~eo~afn Section ~6~, ~P~re Department', and ~ection ~1~3, 'Departmental Eq~.lp~ent and Improvementss, o~ the Appropriation Ordinance, and provldi~ Fo~ an emergency. (For ~11 text oF O~lnance, see Ordinance Book N~. ~0, Fa~e ~.) ~. ~aldrop moved the adoption oF the Ordin~nce. The ~tion ~as seco~ed Hr. ~oody and adopted by the follo~[~ vote~ AYES: Council members Hanes~ ~lnton, ~ickett, ~aldrop, ~oody, Young, and th President, ~. ~ebber .................. NAYSt None ..................... O. SHO~ CO~ROLt In re~pon~e to a re.est off ~. ~aldrop referred to the City Hana~er at a recent meettn~ oF Council that an lnvest~2at[on be m~de oF the coal used In public bvlldin~s by the city and the violation oF the Smoke Control Ordinance ~n consequence thereoF~ the City Hana~e~ presented a report on the analysis of the coal used by the cit~ a~ a reco~endation ffo~ certain Improvements to various heat~n~ equipment u~ed In public bulldinEs. ~. Wald~op mo~ed %ha~ the matted'be taken u~e~ consideration until Councl has had an oppoPtun~ty ~o study the report of the City M~aEe~. ~e motion was seconded by M~. Hanes and adopted. AIRPORT: The City HanaEe~ p~esented a ~eques~ of MP. Ernest Ramey for a ~enewal of his lease on p~ope~ty used as a ~aile~ park on Route No. 117, adjacent to a~ no~th of the Roanoke Municipal Airport, which lease exFl=es on Au~st 31, 19~, ~. H~ey ~eques~l~ tha~ the lease be for a period of four yea~s at the rate of $50.~ per month. ~. Youn~ mo~ed %ha~ the City Attorney be inst~cted to p~epa~e the 0~din~ce leas~n~ the p~opevty ~o ~. H~ey for a period of fouP years at $50.O0 pep month with a provision that the lessee vacate ~he p~opev~y on sixty days~' written notice by the city. The mo~ion was seco~ed by ~. Woody and adopted. BU~-DEP~T~ OF PUBLIC ~P~: ~e City Man~e~ ha;l~ advised Counci at its m~e~in~ of July lZ, 19~ tha~ the app~op~latlon contained in the 195~ BudEe~ fo~ indl~en~ hospitalization Is no% suff~elen% to meet the ~equivemen~s fo~ %he ~ea~ a~ that he would ~bmlt a bud~e~ ~eques% fo~ ~ supple~ntal app~oDviatioz a~ the pressn~ meetin~ he stated ~at a fu~he~ le~e~ In co~eetion ~Ith hospitalization of l~lEents hms bean mailed to each membe~ of Council and ~equested an app~op~latl0n ot $75,~O.00 to meet =equl~ements fo~ the of the Ye~. e N~. Hlnton~oved to appropriate ~25~000,OO to the account for indigent hospitalization, TBs motion vas seconded, by Hr, Hanes, In a discussion of the ~atter. H~. Hanes requested tho City Man~er to · investigate the advisability of establishing a convalescent ho~e vhere patients Go could be moved fro~ the hospitals~ but ~o vould bo unable to go ho~e for ho=e, could be taken ca~e of In the lnteel~. ~. ~ald=op offered a sub~titute ~t~on to ~eque~t the City HanaFe~ to advt C~u~ of the ~unt paid t~ each hospttal ~ut o~ the current ~ear~s ap~ro~r~atl~ a~ the ~ber of patients t~eated therein unde~ the pro~. The ~tion ~as s~conded by ~. ~oody a~ adopted. B~-~NICIPAL CO~T: ~e City Hanaze~ presented a request off Ju~[e S. R. Price of the Hunlc~pal Cour~ fo~ an a~proprlatlon of $1~0.00 for tempora~ employees In the ~nlcipal Ccurt office. Hr. Hlnton ~ved that Council concur in the request a~ offered the follo~l emergency Ordl~nce: (~12183) AN 0~INAN~ to ~e~ a~ reordain Section ~F~,~nicipal Cou~t~ of the 19~ Appropriation Ordin~ce~ and providin~ fo~ an emergency. (PoP full text of Ordinance, see 0~lnance ~ok No. 20, Page ~;) ~. Hlnton moved the adoption of the Ordinance. The ~tion vas seconded by Hr. Hanes and adopted by the follovin~ vote: A~: Council members Hanes, Hlnton, Pickett, ~ald~op, ~oody, Young, and th Presiden~, Hr. ~ebber .................. 7. NAYS: Hone ..................... O. DELINqUE~ TA~: The City HanaFer pre~ented a reques~ of the Delinquent T! Collecto~ that the City Attorney be instructed to l~titute suit to e~orce the lien fop delinquent taxes on Lot 1~ Block A, Virginia Heights Extension, tn the name off Haude HcC~an. After so~ discussion~ ~. ~oody moved that the co~u~catlon be referred back to the Delinquent T~ Collector ~lth the request that he submit to Council a list of all delinquent land~ on vhich ~uit should be instituted at this time In order that the Body might take action there~n. The motion ~as seconded b~ Hr. Y~un~ and adopted. B~-~NICIPAL GAHAGE: ~e City Hanazee ~resented a ~equest for an appropelatlon of $~00.~0 to cover the cost of 1~ta11~nF certain equipment a~ the puechase, of certain supplies to i~rove the property control accounts at the ~clpal Garage. ~. Youn~ved that Council concur In the request of the City Hana~ev and offered the followln~ emergency O~in~ce: (~1~1~) AN 0HDINA~CE to ame~ a~ reordaln Section [99, "G~aEe=, of the . A~prop~lation O~lnance, ~ providin~ foe an emergency. (Fo~ ~11 text of O~lnance~ see O~lnance Book No. ~0~ PaEe ~.) ~. Youn~ ~=ed the adoption off the O~dlnance. The ~tlon was seco~ed ~m. Hanes and adopted by the follo~lnE vote: '421 422 AYES~ Council members Hanes, Minton, Pickott~.Waldrop~ Woody, Young$ end th~ President, H~. Webber .................. ?.. RAYS~ None ..................... O, RE~ORTS OP SEWAGE DISPOSAL: ~he Nayor reported that the comlttee appointed by Council at its meeting on Jul7 12, 19~J4~ to confer uith the count7 end interested corporations for the purpose of reco~nding an acceptable procedure pursuant to which, where practicable, the city ~ay transport to and treat in its sewage disposal plant aswaEe originating within defined areas situated in the county, has mst on two occasionc uith representatives of the county and has reached a~eement on specified a~eae end that the co~mittee will submit its report later. UIfPIRISHED BUSINESS: ZONINO: The report of the City Plannir~ Commission on the matter of razonl~ property of H~. Charles A. Austin, represented by Mr. G. J. Yelpert, Attorney, at Shenandoah Avenue and Crowmorr Street, N. W., from General Residence District to Business District, reco~endir~ that the petition be denied~ havin~ been laid over from previous meetings of Council in order to permit N~. Walpert to appear in connection therewith, was again taken up. Hi'. Walpert stated that no residence his been constructed on this tract of land in the last ten or twelve years and that he does not feel the property is suitable for residentis! purposes, ~tsting further that he has reached a~'eement with the owner of the tract of land who placed the original deed restrictions on the property and the owners of several lots sold by the ortKtnal owner to execute a deed of waiver of the restrictions which constitute a covenant ~unning with the land prohibiting the erection of any buildings thereon except residences and that it is his request that Council table the matter until he can prepare the said deed and have it recorded, at which time he will come back to the body and renew hie request for rezoning. Mr. Young moved to table the report of the City Planning Commission and the request of Mr. Austin. The motion was seconded by Mr. Woody and adopted. BUDGET-CITY SERGEANT: The request of the City sergeant for an appropriation of $136.66 to pay the city's pro rata share of a salary increase of $820.00 per annum for the City Sergean~ having been laid over from the meeting of July 12, 195~, was taken up by the body. Fir. Young moved to'appropriate the amount.of $136;66 for the purpose requested, subject to the approval of the State Compensation Board. There being no second, the motion failed. Mrs. Pickett moved to lay the matter over to be taken up at the 1955 budget study sessions. The motion was seconded by Mr. Waldrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop and Woody .......... 5. RAYS: Mr. Young, and the President, Mr. Webbe~ .......... DEPAR?~ 0F ~UBLIC WORKS~ Council at its meeting of July 12~ 195~ having received bids fo~ one motor pickup swespe~ a~d rsfe~ed s~ld bids to · comities consisbing o~ Hess~s. Jo~ L. ~ent~o~h~ R. B. Hoss a~ E. H. Rlch~son to ~estud~ the p~s~ls neceived s~ ~ke thei~ ~eco~tlon to the body on the s~eepe~ best suited ~o~ the cit~s ~o~k~ the co~ittee sub,irked its ~eco~ing that ~e Hobll ~eepe~ p~oposed in the bid o~ Ca~ Hsll Hschine~ Co~a~ be purchased at t~e p~ice quoted~ $7,853.17, plus ~07.~ ~rel~ht. The City Clark then read a lette~ Fro~ ~haffFer E~lpment ~ Supply Co~any~ obJectin~ to the msnneP In ~hich the proposals had been handled and 5tati~ that Ca~ Hall Hach~ne~ Co~pan~ had .sBbsequent to the openln~ o~ the bids red, ced the frei~t charge from $~6].~ to ~07.~, which reduction ~as Just enouFh to Cary Hall Hachine~ Co~any's bid belo~ thei~ o~n. After ~ch discussion a~ heading representatives of Ca~ H~l Hachine~y Comply a~ Shaffe~ Equipm~nt a~ ~upply Co~a~, ~. H~es ~ved that all bids received fo~ the ~to~ pic~p s~eepeu ~ rejected a~ the City Hanage~ instructed ~to have the Purchasin~ A~ent readvertise fo~ bids fo~ the sweeper. ~e motion ~as seco~ed by l~. ~aldeop a~ adopted. CONSID~ATION OF C~I~: NO~. I~RODU~ION A~ CONSID~ATION O~ 0RDiNANC~S A~ R[SOLUTIONS: STR~ WlDENING-SID~A~, C~B A~ O~: ~e Clt~ Attorney havln~ been directed to prepare the proper Ordinance, provldin~ foe the acquisition of la~ on the south side of ~uech Avenue~ S. W.~ from Third Street to the property John H. Oakey~ I~orpo~ated, fo~ street widenin~ purposes, in exchange fo~ sldewalk~ curb and ~tte~ as a result of an offe~ of Shena~o~ Life Insurance Company~ Incorporated~ o~ of property at the southwest corner of ~urch Avenue and ~lrd Street, ~. W.~ to donate land fo~ street widenin~ purposes exchange foe sidewalk~ curb a~ ~tteP, he p~esented same; whereupon~ Waldrop Offered the followinF as ~ emergency measuret (~1~18~) AN ORDINAN~ authorizln~ the ac~lsltlon of certain la~ on the south aide of Church Avenue, S. ~., For the ~ldenln~ of s~ld avenue~ and providln~ for an emee~enc~. (Fo~ f~ll text of O~lnance, see O~ln~ce ~ok ~o. ~0, Pa~e ~. ~aldeop moved the adoption oF the O~lnance. The motion was seconded M~. Hanes and adopted by the follow~ vote: A~S: Council members Hanes~ Minton, Pickett, Waldrop, Woody~ Young, and the President, ~. Webber .................. .NAYSt None ..................... O. ~S~S-S~ CONSTRUCTION: Council havin~ prevtousl~ directed ~e City ManaFer to secure a p~lce foe the procurement oF a right-of-way fo~ an sanit~y sewe~ easement aio~ Glade C~eek through the property of M~. Cooper without ~rantl~ ~. Cooper the right to co~ect to said sewer 11ne u~ess first approved by the ~dy~ ~e City Hana~e~ advised that ~. Coope~ Is to convey the easement to the city fo~ $~0.00 ca~h; whereupon, Mm. Youn~ offered the follo~ln~ emergency Ordinance: (~1~1~6] ~ O~INAN~ authorlzln~ the proper City officials to acquire, foe ~d on behalf of the City, a pe~etual easement fo~ certain sewe~ line r~hts-of-way throu~certaln property situate on Glade C=eek, partly ~Ithin the City a~partl~ within the To~ off Vlnton on certain terms a~ co~itlo~; a~ peovldln~ for an 423 4Z , · {For full text of Ordinance, see Ordinance Book Ho. 20, Page 226) Hr. Young ~oved the adoption of tho 0rdinancso The motion was secondad by Hr. Nlm:on and adopted by the followin~ vote: AUght Council members Hanes, Hlnton, Pickett, Waldrop, Woody, Young, and the President, Hr. Webber .................. NAYS~ None ......................... O. STREE2 WIDENINO-SIDEWAL~, CURB A~D OUTYE~z Council having previously directed the City Manager at its meeting on December 1~, 19~2, to negotiate further with property owners on Florida Avenue, N. W., between Aspen Street and Fresno Street, witn reference t~ the dena:ion of land for street widening purposes in exchange for curb and gutter, he presented draft of an Ordinance prepared b~ the City Attorney, providing for the acquisition of certain lands for the widening of a portion of Florida Avenue, N. W.; whereupon, Hr. Minton offered the following as an emergency measure: (~12187) AN ORDINANCE authorizing and directing the acquisition of certain lands for the widening of a portion of Florida Avenue, H. W.; and providl~ (For tull text of Ordinance, see Ordinance Book No. 20, Page 22?.) Hr. Minton moved the adoption of the Ordinance. The motion was seconded by Hr. Waldrop and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Hr.'Web'er .......... ?. NAYS: None .......... 0. EASEF~NTS-COYNER SPRINGS: Council having previously agreed to grant Hr. Alfred McClanahan a right-of-way for a lane leading across the property of the City of Roanoke at Coyner Springs for a water supply for his cattle upon presentation of the proper Ordinance by his Attorney, the City Clerk brought to the attention of the body draft o~ an Ordinance prepared by Mr. M. Caldwell Butler, Attorney, representing Mr. McClanahan, which has been approved by the City Attorney; whereupon, Hr. Minton moved that the following Ordinance be placed upon its first reading. The motion was seconded by Mr. Harms and adopted by the following vote: ATF~: Council members Hanes, Minton,- Pickett, Waldrop, Woody, Young, and t~ President, Mr. Webber .................. NAYS: None ..................... O. (~12188) AN ORDIEANCE granting Alfred V. McClanahan license to cross certain property of C~ty of Roanoke near Coyner Springs in Bots:curt County and to use the spring branch t~ereon for the purpose of watering his cattle. W~S, Alfred V. McOlanahan, owner of a certain tract or parcel of land located near Coyner Springs in Bots:curt County, adjoining property of the Clt: of Roanoke, has requeste~ the City of Rsanoke to grant him a license, upon the term and conditions hereinafter set forth, to cross the aforesaid property and to use thews:er from the spring branch located on said ~roperty forths purpose of a water supply fc~his cat:leg and WH~EAS, the City Manager has c~nsidered the said request and has recommended that it be granted; therefore B// IT 0RDAI~/D BY THE COUNCIL 0F THE CITY 0P ROA~0XE, that the said Adfred V. McClanahan, upon the payment of the sum of TEN DOLLAES to the City of Roanoke, and the erection by said licensee of · suitable fence, shall be granted · right of way or license along a pathway not to exceed seventy-five feet In width, extending from the property of the said Alfred Y. McClanahan across the south end of ~ot No, X, as shown on plat of the sub-division of Coyner Springs property owned by Jacob Hyere, dated October 1, 1917, of record in Plat Book 1, psFe 42, in the Clerk's Office of the Circuit Court of Botetourt County, Virginia, said property presently owned by the City of Roanoke~ to the spring branch located on said Lot Roe 1, and the further right or license to use the said eprir~.branch as water supply for his cattle~ the aforesaid rights of way and licenses being granted for a term of one yee~, comencing September 1~ 19~ renewable at the option of the said Alfred ¥o McClanahen from year to year by the payment in advanc of the sum of TEN DOLLARS to the City of Roanoke thirty days prior to the end of the then current year, but terminable at any time at the option of the City of Roanoke upon thirty days notice in writing mailed to the said Alfred ¥o McClanehan at RoPoDo 1, Roanoke, Virginia, without refund of any portion of the aforesaid ar~ual payment, the said RcClanahan, however, to have the right, within such thirty day period, to remove any fence theretofore erected by him pursuant to this erdinsnceo The Ordinance having been read, was laid over. STADIUM-MAHRR FIELD: Council having previously directed the City Attorney prepare the proper measure, extending the contract of Hr. John L. Godwin for concession rights and privileges at the Roanoke Municipal (~lctory) Stadium and the Athletic Grounds in Maher Field to include the baseball park, he presented draft of e Resolution construing the oriFlnal Ordinance and contract as lncludin~ the baseball psrkl whereupon, Mr. ~aldrop offered the (~1~1§9) A RESOL~r~IOR construing Ordinance No. 17009 relatin~ to conceeelor rights and privileges to be exercised in Roanoke Municipal (Victory) Staditmi and Athletic Grounds in M~her Pleld and the contract entered into pursuant thereto. (For full text of Resolution, see Ordinance ~ook No. PO, PaFe HA-. Waldrop moved the adoption o£ the Resolution. The motion was seconded bF Mrs. Pickett and ad~pted by the followin~ vote: AYES: Council members Ranes~ Minton, Pickett, Waldrop, Woody, Youn~ and t~ President, Hr. Webber .................. 7. NAYS: None ..................... O. LICENSE TAX CODE: Council having previously appointed a committee to study, re¢odify, simplify and bring up to date the License Tax Coda of the City'of Roanoke, and having later, on several oecasions, met informally with the committee as a committee of the whole for a study of the existing License Tax Code, Mr. Hanes offered the following Resolution providing for the appointment of a new committee: (#1~190) A RESOL~TION appointing a committee to re~odify, simplify and bring ~p to date the'License Tax Code of the City of Roanoke; and re~eallng Resolution No. 1166~ appointing a certain similar cor~nittee. (For ~ull text of Resolution, see Ordinance Book No. ~0, Fags Hr. Hanes moved the ndoptlon of the Resolution. The motion was seconded by Hr. ~oody and adopted by the ~ollowlng vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and President, Mr. Webber .................. ?. NAYS: None ..................... O. .4'25 426 BUI~-CI~ CL~RK~ ~o~il hsvi~ ~pointad a comSttee to recod~, sillily a~ b~i~ up to date the Llcs~a Tax C~e of the City of Roanoke, the City Cla~ advised Con.il that additional ~a 411 be needed in his office fo~ extra help in o~e~ to ~ecodify the Lice~e Tax Code, a~, also, to permit e~loyees in his office to t~a thei~ vecatio~ e~ to pe~lt him to b~lng up to date certain work in the office w~ch has fallen behi~o ~° ~o~y offered the followins emergency O~inance appropriatl~ the total sum of ~0.~ fo~ ~tre help in the office of the City Clerkz {~1~1~1) AN O~DINANCE to ~ a~ reordein ~ection ~2, 'Clerk', of the 19~ ~propriatlon O~in~ce, a~ providing fo~ an emergency; (For full text of O~inance, see Ordinance ~ok No° ~0, PaFe ~0.) ~o ~oody ~ved the adoption of the O~inance. ~e motion was eeco~ed by ~o ~aldrop a~ adopted b~ the following vote: · ~ES: Council members H~es, Hinton. Fickett, ~aldrop, ~ody, Young. a~ the ~resident, ~o Yebber ..................7. NAYSC None ...................... O. HOTIO~ A~ ~ISC~NE~$ BU~INFS$~ SPE¢I&L PHSN~S: ~. Clifton A. ~oodrum, Jr°, Attorney, repr~eenti~ Hoenoke 6rocers~ Incorporated~ appeared before Cou~il ~lth the re~eat that the body grant permission to ~oanoke ~roeePes Incorporated~ for the l~tallation Of u~osding platforms in Pourth ~treet~ S. E.~ along the east e~ of their buildi~, for unloading frei~t from the ~rfolk a~ ~eatern ~a!l~ Co~any~s aiding ehich ra~ee betueen ei~teen inches and forty-alit inches from the platfo~ ~ existing. T~ City Hanage~ explained that thia is a dead e~ street ~hich has never been i~roved a~ racom~e~ed that the pe~lsalon be granted° ~o You~ moved that Hr° ~ood~m prepare the necessary ~esolutlon granti~ such per~esion a~ lncl~ln~ therein the present unloading platfo~ ~hich is on city property ~d provldl~ for removal of the plat£orma upon thirty daya~ notice from the City of ~oanoke. The motionu~ seconded bye. ~aldrop a~ adop~edo ?~AFPIC~ ~o N..H. ~lchardeon, operator o£ a parkl~ lot on the east side of First Street, $o ~., north of Fra~lin ~oad~ eppe~ed before Council a~ presented a petition s~ed by numerous buslneas people in the area, re~esting that the di~ction of movement of trifle on Plr~t Street, So ~., between ~urch Ave~e e~ Franklin ~oad, be not ch~ed. ~o You~ moved that the matter be referred to the City Ha~gero ~a motion ~aa seconded by ~. ~aldrop ~d adopted. There being no ~urther business, Council adjourned. APPROVED COUNCIL, R£~.ULAR P~frlNG, Monday, August 9, 19534. The Council of the City of Roanoke met in regular meeting in the Circuit Court Room in tha Municipal Building, Honday, August 9, 19!~, at 2:00 o~clock, p. m., the regular meeting hour, with the President, Mr. Webber, presiding. PRESENT~ Council members Hanes, Hinton, Pickett, Waldrop, Moody, Young, and the President, Mr. Vebber ............... ARS~NT~ None .......................... O, OFFICERS PRESENT= Nm. Arthur S. Owens, City Manager, Mr. Randolph G. Whittle City Attorney, Mr. Barry R. Yates, City Auditor, and Hr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by Councilman Leig~ B . Hanes. Jr. HI~UT~S: Copy of the minutes of the re~lar meeting held on Honday, July 26, 19~, having been furnished each member of Council, upon motion of Hr. Wsldrop, seconded by Mr. Minton and adopted, the reading was dispensed with and the minutes approved as recorded. HFARING 0F CITIZE~ UPON PURLIC ZONING: A petition from W. B. Shumate, et al, requesting the rezonlng of property located on Underhlll Aven~e and Brownlee Avenue, S. E., from ~eneral Residence District to Light Industrial District, said property being designated as Block 5, Lots 9-13, and Lots ?2-26, and Block 6, Hastover Place Map, having been presented to Council at its meeting on June l~, 195~, and referred to the City Planning Co~auission for a reco~,endstion, and the City Planning Co.~Is~ on having reco~r~ended to Co~ncll on July 12, 19~, that the request of the petitioner: be granted, and Council having directed that a hasting be held on the question at 2:00 o~clock, p. m., Monday, Au~st 9, 195~, and proper notice of said hearing having been publlehed as required by law, the I~ayor announced that Council would heap any person for or against the proposed r~zonin~. Mr. Arnold gchloseberg, Attorney for the petitioners, appeared and requested Council to adopt the necer~sary Ordinance to grant the request of his petitioners. No other persons appeared: whereupon, Hrs. Pickett moved that the following Ordinance be placed upon its first reading. The motlon was seconded by Hr. Htnton and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrcp, Woody, Young, and the President, Mr. Webber .................. NAYS: None ........................... O. (#1P192) 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. WHEREAS, application has been made to the Council of the City of Roanoke to have property l~cated on Brownlee Avenue and Underhlll Avenue, S. E., in the vicinity of Spruce street, described es Lots 9-13, inclusive, and Lots inclusive, Block 5, Eastover Place Map, and all of Block 6, Eastover Place Map, rezoned from General Residence District to Light Industrial District, and ~'~EREAS, the City Planning Co~misslon has recommended that the above property be re~uned from 6eneral Residence Dlstrict to Light Industrial District as requested, and 427 '428' WHI~EAS, notice required by Article ii, Section ~3~ of Chapter ~1 o£ the Cods of the City of Roanoke, Virginia, relatinE to Zoning, has been published in 'The Roanoke World-News', a newspaper published in the City of Roanokew for the tl~e required by said section, and Wtf~REASw the hearing as provided for in said notice published in the said newspaper was given on the 9th day of August, 19~4~ at 2:00 o~clock~ p. m., b~fore the Council of the City of Roanoke In the Council Room in the Hunicipal Building, at which hearing no objections were presented by property owners and other inter- sated parties in the affected area, and h'~EREAS, this Council, after considering the application for rezoning, ia of the opinion that the above property should be rezoned as requested. ThF~EFORR, B~IT 0RDAIh~Dby the Council of the City o£ Roanoke tha~ Article I, Section 1, of Chapter ~1 of the Code of the City'of Rosnoke~ VlrFlnie, relatinF to Zoning, be amended and reenacted in the foil?wing particular and no other, viz: Property located on Browalee Avenue end Underhlll Avenue, S. E., in 'the vicinity of Spruce Street, described as Lots 9-13, Inclusive, and Lots 2£-25, Inclusive, Block ~, Eastover Place Hap, and all of Block 6, Eastover Place Hap, designated o~ Sheet ~33 of the Zoning ~sp es Official Nos. ~]~0709, ~330710, 233071 233o71~, 4~3o713, h33o722, 433o7s3, 2330722, 233o7~5, 433o7s~ and 2330~01, be, had is hereb f changed from Oeneral Residence District to Light Industrial District, an~ the Zoning ~ap herein referred to shall be changed in this respect. The Ordinance ~aving been read, ~as laid over. ANl~ALS~ A corm-uittee From the Roanoke Valley Chapter o£ the Society for the Prevention. of Cruelty to Animals appeared be£ora Council, ~lth ~rs. Charles W. ~homas acting a~ spokesman, and requested that Council appoint a committee to meet ~ith the officers of the Roanoke Valle[ Chapter relative to the animal problem in Roanoke. The Clerk read several communications endorsin6 the request o~ the Chapter. H~. Hanes moved that a coumittee conslatin6 of ~r. Robert W. ~oody,.~r. ~alter L. Young, ~rs. ~ary C. ~lckett, ~r. Arthur S. O~ens, Hr. Orove~ C. Flippen and Mr. Randolph O. %hittle be appointed to meet with the o£ftce~s of the Chapter and report to Council. The motion was seconded by Mr. Minton and adopted. ~ATER DEPARTMEnt: A group of residents of Brooks Avenue, S. E., with Mr. L. T. Edwards acting as spokesman, appeared before Council In connection with the request previously made for water service to-their properties, stating that the spr~nK from which they are drawing water, Or had been d:awlng water, hag been condemned by the Clt~ Health Department es unfit for human consumption and advising Council that the conditions existing in their neighborhood are a public health menace. This matter, along with a like'request from residents on Woodland Road and Kefauver Road, S. E., In the same neighborhood, havtn~ been before Council On {July 26, 19~4, end referred to the City Manager~ at this time the City Manage~ reported that under existing ~Ule~ of the Water Department,'aa provided by Ordinance, he could not extend water Into these areas unlees funds are provided either by an appropriation and directive of t~e City Council or the provision of funds under the existing Water Department ~ules and re~lations. Hi', Minton moved that since the matter is of such a nature to involve the public health it be referred to the City Manager foe reconsideration on that basis and foe a report to Council with hie rscom~andations. The motion was eeconde¢ by Hr. Hanes and ad~pted. PETI?ION$ A.~ID C0.W. IU~ICATION$: EMFLOYEESI RETIR~HE~ SY~T~= A co~nication ~o~ the City Auditor, t~ansmittin~ a copy of an ~ppraisal of th~ secu~ities of the E~loyeea~ Retirement System as of June 30~ 19~, ~repared b7 the Advisory Co~lttee on Investments, vas Hr. ~oody ~ved that the report be Filed. The motio~ ~as aeco~ed by Hr, ~aldrop a~ adopted, DEPARTH~h~ OP PUBLIC WO~K~: A co~uunication fro~ Carte~ Hachinery Company, Incorporated, w~th Further reference to the purchase of a ~ra~ler tractor r~cently purchased by the City of Roanoke, stating that the tractor does not meet the specifications under ~lch bids ~ere submitted In that It Is not equipped ~th t~actor roller ~ards or shields, an enclosed cab, an International Bulldozer, an International Hydra,~lic Control a~ an International double dru~ cable control, was before Council. ~is matter having been previously re~erred to the City Manager, the City Mana~em reported that the trick roller ~uards are available, but have not been installed bi reason of the fact that the city needed the tractor prior to the armlval of the roller ~ards a~ that they will be installed on the first service inspection of the tractor, that the enclosed cab Is on ha~ at the City Garage, but has ~t been installed for the same reasons, that the bullaozer and hydraulic controls delivered with the tractor were m~nufactured by Bucyrus-Erle a subsidla~ of International Hamvester Company and were made under the sm~e speclflcatlon~ as those manufactured by International Harvester Company, bu~ that if It Is the desire of City Council, Rish Equipment Company has indicated its willingness to exchange the Bucyrus-Erle equipment for International equipment. Mr. Young moved that the City Mana~em be instructed to require the Rish Equipment Co.any to make such chan~es as are necessary to meet the specifications In every respect which were contained In the advertisement for bids dated April 19, 19~, on which bids were received for the purchase 6f this tractor. The motion was seconded by M~. Minton and adopted. B~-C!TY TREASUR~: A co~aunicatlon from the City Treasurer, requesting an appropriation of $~O.~to cover his e~enses in attending the Local Government Officials' Coherence to be held at the University of Virginia on Au~st 23, 2~ and 25, 195~, was presented to Council. Mr. Young moved that Council concur in the request and offered the followtr emergency O~Inance: (~1~193) AX ORDINAN~ to amend and reordain Section ~8, "T~asurer", of the 19~ Appropriation Ordinance, and providing for an emergency. (For full text of O~Inance, see Ordinance Book No. 20, Page 231.) Mr. Young moved the adoption of the Ordinance. The motion was seconded by Mm. Hanes and adopted by the following vote: A~: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber .................. 7. NAYS: None ......................... O. BUDGET-CO~4ISSIO~ OF REVEh~E= The City Clerk presented a co~aunication fro~ the Co~ssioner o~ Revere, requesting an appropriation o~ ~1~0.~ to cover travel e~enses ~or three employees In the Co~issioner o~ Revenuers o~lce to atte the ~cal Gover~ent OFficials~ Coherence to be held at the Univ~rsity o~ Virginia Hr, ~aldrop moved that Council concu~ In the request a~ o~ffered the follo~ln~ e~v~ency O~lnancet (~l~l~h) AN ORDInAnCE to ~e~ a~ reordain ~ection ~evenue', of the 19~ App~opriat~on O~i~ance, and provid~ fo~ an emergency, (For full text of O~lnance, see Ordinance ~ok H~, ~aldrop moved the adoption off the O~inance. The ~tion ~as seco~ed by Hr. ~oody a~ adopted by the Follo~ln~ vote: AYES: Council ~e~bers Hanes, ~inton, ~ickett~ ~aldrop~ ~oody, Youn~ and the President, H~. ~ebbev .................... NAYS: ~one ........................... ALL~ IH~HOVF.~L~5~ A petition From residents In th~ 900 blocka of Crescent Steeet a~ Lafayette ~oulevard, ~. ~., veque~tl~ that the alley ~nning behl~ thel~ prope~tiea be paved, ~as before Council. Hr. ~ald~op ~oved to refer the p.titton to the City HanaFe~. The motion ~a~ ~eco,~ed by H~. Hlnton and adopted. STOHH DHAIN~: A petition from residents In the vicinity of Fl~ldale Road a~ ~radle~ Street, N. [., reque~tin~ that i~ediate atep~ be taken the unhealth~ ~ttuation caused by stagnant ~ate~ at that inter~ection, ~a~ present~ t~ Council. Hr. M~nton moved %o refe~ the petition to the City Hana~er. The motion was seco~ed by Mp. Hanes and adopted. STRE~ IM~HOV~S: A petitlon from residents In the 1600, 17OO end 1800 blocks of Mercer Avenue, N. ~., request~ that the street ~n those blocks be lmproved~ was before Council. M~. Hanes moved to ~efer the petltion to the Clty M~aFe~. The motion was seconded b~ Mr. Minton and ZONING: A petition from Mr. J. L. Powell, request~ng that Lots $0 a~ ~1, Block 8, Rugby Map, located on the northwest corne~ of Rugby ~ulevard end Tenth Street~ N. ~., be rezoned from General Residence D~strlct to Buslness D~st~ct, was be~o~e Council. Mr. Minton mo~ed to refe~ the request to the City ~lann~nE Commission fop ~eco=e~atton. The motion was seconded by Mr. Waldrop and ~opted. 'R~Ub~S A~REBATES-LICENSES: The City Clerk read a'co~munlcatlon from the English Construct[on Company, Incorporated~'Altavlata, V~rF[nla, requestin~ a refu~ of 195~ license taxes paid for a license for the construction of ~rrell Memorial Hosp[tal, whlch same anount had been pa~d for its l[ce~e fop the yea~ 1953 on the s~e contract, a~ alle~ln~ th~s to be double taxation. M~. Young mo~ed to refeP thls matter to the City Attorney for study and reco~endat~on to Gounc~l of such action as would relieve contractors from the payment of succeedlng ~ears l~cense taxes on the same contracts. ~e ~otlon was seco~ed by M~. Hanes and adopted. WA~ DEPARTiNg: A co~n~cation from Mrs. F. L. T[ce, Pequestin~ tha~ Council 81ye furthe~ consideration to'the O~dlnance recently adopted prov[d~nE for the ~ntroduction of fluorides ~nto the clty wate~ supply, was before the body. ~he co~unication ~ae filed. JAIL ~YSICIANt The Mayor presented s communication from Dr. Charles H. Irvin, resigning his position as Jail Physician, effective J~ly 31, Hr. Hanes moved that Council accept the resignation of Dr. I~Vino The ~tion was seco~ed by Hr. Young a~ adopted. A co~nication fro~ the City Sergeant, requestl~ Council to appoint John G. HcCo~n as Jail ~hyslcian, effective Au~st 1, 19~, to fill the vacancy created by the resignation of Dr. Irvin, was before the body. Hr. Hlnton ~ved that Council concur In the request a~ o~fered the Following emergency O~inance~ (~1P195) AN ORDINANCE appointing Doctor John G. McCown as Jail ~hysician of the City of Roanoke, effective August 1, 19~, to succeed Doctor Charles M. Irvin, resig~d; and providing ~or an emergency. (For full text of O~inance, see O~inence ~ook No. ~0, Page ~3~.) Hr. Minton ~ved the adoption of the O~Inance. The motion was seco~ed by Mr. H~es a~ adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Wood~, Young, a~ the President, Mr. Webber .................. NAYS: No~ .........................O. REPORTS OF 0F~ICFRS~ TRafFIC: An analysis of an a~ual inventory of tr~fflc safety activities for the yea~ 1953 in the City of Roanoke, as prepared by the National SaFety Covncll, was p~sented by the City Manager. After some dlscu~lon of the report, Hr. Hanes moved to refer the report to the Cl~y Hanager for consideration of the criticisms contained therein and port to Covnc~l. The motion was seconded by ~rs. Pickett a~ adopted. ~LTH DEPA~: The City Hana~er reported that effective July 1, appointed Dr. Charles H. Irvin as Health Co~lssloner for the Cfty of ~oano~e and that Dr. Irvin has accepted the position conditioned on being permitted to co~tinve his consulting practice with the Virginian R~ilway Company, to continue treatin~ a number of patients he has had for many years and to continue as F~dical Examiner for the State of Virginia. Hr. Minton moved to concur In the report of the City Manager. The motion was seco~ed by Mrs. Pickett and adopted. ~AT~ DEP~THE~T: The C~ty ~ana~er requested ~thority to provide a water service connection tn front of 13~1 lmlay Avenue, S. E., to connect to a water line In a rift-of-way across said property to provide service for the property of ~r. Roy ~. Collins at 390~ Yellow ~o~nta~n Road, S. E., stating that the present ~ules and Regulations of the Water Department do not provide for such a connection a~ that the alternative to provide water For the property from the Yellow Mountain Road main Is to'install ~20 feet of main. Hr. Young moved to concur tn the request of the City Manager and direct the City Attorney to prepare the r~cessa~ O~lnance. The motion was seconded by ~r. Woody and adopted. PANES A~ PLAYGROUB~S: A petition from residents tn the Hel~se Park area, requesting l~rovements to the cor~[tions In Melrose Park, having been before Council on July ~6, 19~, and referred to the City Manager for investigation a~ report to t~e body, the City Manager presented a detailed report from the Director of Parks and Recreation wherein ~t was stated that no large scale park activities are contemplated in Helrose Park, but rather in Eureka Park which is only tM or three blocks away, and that Hslrose Park ~s bainF retained as a children's play- ground for that area, that withln the funds available to the. Recreation Department for this purpose he is doing all that he can to correct the conditions complained of, the City Hane~er stating that he concurs in the report of the Director of Parks and RscreatiO~o Hra. Pickett moved to concur in the report of the City Hsnager. The motion was seconded by Hr. Waldrop and adopted. Hr. Hinton then moved that the City Hanager be instructed to prepare an estimate of the cost of lighting the tennis court in Helrose Park and report to Council at Its meeting on August P~, 19~. The motion ~as seconded by Hr. Hanes and adopted. FLECTRICAL BOARD: The City Han~ger re~orted the appointment of Mr. Roy Brandon aea m~ber of the Electrical Board to fill the vacancy caused by the death of Hr. R. B. Sllcox. The report was filed. STREET LIGHTS: A request of Mr. H. E. Myers fo~ the erection of a street ll~ut at 1~7~ ~raig-Robertson Road, S. E., having been before Council at meeting on June 1~, 19~, and refer~ed to the City Manager for study and recommends tion to the body, the City Manager reported that the llFht requested is included in a list of lights for which he will request authgrlty at this meeting. · The report was filed. A petition from residents in the ~?0© block o~ Cove Road, N. W.~ requestin~ the installation of a street llght in that block on Pole No. ~921578 having been before Council at its meeting on July 1~. 195~, and referred to the City for recommendation to the body, the Clty Manager reported that thls light is included in the llst he is reco,vmlendlnE for installation at this meeting. The report was filed. A petition from residents in the 1500 block of Fresno Street, N. requesting the installation of a street light on Pole No. P~9-1599 located in that block, havlng been before Council ,t its meetinf on Ji]ly l~, 195~, end referred to the City Hanover, the City Manager reported that after Investigatlon at this location he cannot recommend the installation of a llFht at this point. Mr. Mlnt6n moved to concur in the repJrt of the City Manager. The motion was seconded by Mr. Youn~ and adopted. The Clty KanaEer presented a reco~endation for the installation of nine street lights et various locations in the city. Mr. Minton moved that Council concur in t~e recommendation of the City Manager and offered the following Resolution: (#12196) A RESOLUTION authorizing the installation of street lights at various locations in the City of Roanoke. (For full text Of Resolution, see Ordinance Book N= 20, Page 23Z.) Mr. Minton moved the adoption of the Resolution. The motion was seconded Mr. YoUng and adopted by the followlng vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Hr. Webber .............. 7. RAYS: None ..................... O. The City Hanager presented a recommendation For the lr~tallation of seven additional street lights and the changing of three existing 2500 lumen lights to 60C0 lumen ligh~ on US-PPI Fro= F~anklin Road~ So W., to the city limits, excluding the section by Fishburn Park and the Shenandoah Life Building. Hr. Minton moved that Council concur in the recommendation of the City HanaFer and offered the Following Resolut~ont (#lF19?) A RFSOLUTION authorizing the installation of street lights and the replacement of certain existin{~ street li£hts on Main Street, S. W., between Wlnona Avenue and Erandon Avenue. (For full text of Resolution, see Ordinance Book No. FO, Page 233.) Hr. Minton moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted By the following vote: AYBS: Council me-~bers Hanes, Minton, PicPett, Waldrop,-Woody, Young, and the President, Mr. ~ebber ................. 7. NAYS: None ........................ O. STREET IMPROVE~NTS: A petition fro~ residents of the North Washington Hei£hts area, requestln~ consideration For lnproving Van Buren Street, N. W,, from Melrose Avenue to Kentucky Avenue, havinK been before Council at its meetin~ on July 12, 1952~, and referred to the City Manager for inv.att;atlon and reco=~end~ tion to the body, the City Manager reported that preoent plans call for the construction of a 6-inch water line in Van Buren Street in the future, after whlch ti~e it is planned to make some permanent improvement on Van Buren Street, and that pending the completion of the utility work he will continue tbs normal maintenance program. H~. Young moved to concur in the' report of the City Manager. The motion was seconded by Mr. Woody and adopted. H~ALTH DFPARTHE~T: Council having previously appointed a committee conslet{ of the City Hanager, the City Auditor, the City Attorney and the Commiseloner of Health to meet with a committee of the County Board o' Supervisors in an attempt to plan for a consolidated Health Department For the city and county, the City Manager £Iled with the Council an opinion o£ the Attorney General of the Commonwealth in which he has ruled this cannot be accozplished under existing laws of the Commonwealth o£ Virginia and requested that the co.~mittee be discharged Mr. Minton moved to concur in the report of the City Managem. The motion was seconded by Mr. Waldrop and adopted. BUDG~-RECRF.~TION DEPART~'/~.NT: The City Manager presented a request for an appropriation of ~4.~5 for the Recreation Department insurance account to cover the premium on a liability policy ~hlch he s~cured covering the bleachers erected by the city in connection with the Soap Box Derby held on June 23, 195h. Hr. Hanes moved that Council concu~ in the request of the City Manager and offered the following emergency Ordinance: (#12198) AN ORDINANCE to m~end and reordatn Section #110, "Recreation Department", of the 195h Appropriation Ordinance, and providing for an emergency. (For f~ll text of Ordinance, see Ordinance Book No 20, Page F3h.) Mr. Hanes moved the adoption of the Ordinance. The motion was seconded by Mr. Woody and adopted by the following vote: AYES: Council members Hanes, Minton, Plckett~ Waldrop, Woody, Young, and the President, Mr. Webber ................ i---7. 433 484 NAYS: None ..................... O, AIRPORT~ The City Nanegeu presented to Council o program for federal aid for the extension of the northeaet end of tho northeast-eouthwest runway ar~ taxiw~ at the Roanoke Municipal Airport and related work totaling approximately ~?0,C00.¢ and an immediate project totaling $120,000o00 for the acquisition of land and certain grading in connection therewith. Mr° Woody moved to refer this matter to a committee consiatinR of Nsyor Webber, F~r. Owene ar~t F~ro Yatee for study and investigation of such details as state aid, federal aid~ highway relocation, etc.~ and preeentetion to City Council o£ an analysie of these details. The motion wee eeeonded by Hr. Hanee and adopted. BL~OET-AINPORT: The City Manager presented a request for an appropriation of $32,000.O0'for the purpose of exercising the option of the city to secure 3h~ acres of land adjacent to Route 118 to the north and to the east of the existing Roanoke Hunlcipal Airport, known as the Bushong property. Hr. Woody moved that Council concur in the request and offered the followin~ emergency Ordinance: (~121~9) AN O~D~NANCE to amend and rcordain Section #lb3, "Departmental Equipment and Improvements", of the 19~ Appropriation Ordinance, and providin~ for an emergency. (For full text of Ordinance, see Ordinance Book N&. 20, Page 235) Hr. Woody moved the adoption of the Ordinance. The motion was seconded by Hr. Waldrop and adop~d by the following vote: A~S: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, F~. Webber ............... ?. NAYS: None ...................... O. BUDGET-HOSPITALIZATION: The City Manager having previously requested an appropriation of ~.25,000.00 to the Indigent Hospitalization account in the 1954 Budget, and Council at its last regular meeting having directed the City Manager to advise the body of the number of patients maintained in the various hospitals and the cost thereof for the past six months, the City Manager reported that for the six months ending June 30, 195h, there were 1,526 patient days in the Burrell Memorial Hospital at a cost of $15,126.59, 213 patient days in the University of ~ir8lnia HOspital at a cost of $3,h08.00, 1,57h patient days in the Memorlal and Crippled Children's Hospital at a cost of $23,0~6.62, 268 patient days in the Lewis Gale Hospital at a cost of ~h,288.00, ~1 patient days in the Gill Memorial Hospital at a cost of $351.00, 36 patient days in the Jefferson Hospital at a cost of ~576.00, the City Manager further reporting that he is making a study to determine what savings, if any, can be made in arranging for patients to be removed from hospitals to Convalescent homes when they reach the convalescent stage. }irs. Pickett offered the following emergency Ordinance appropriating the sum of $25,000.00: (~12200) AN 0RDI2ANCE to amend and reordain Section ~50, "Hospitalisation" of the 195~ Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page ~35.) Hrs. Pickett moved the adoption of the Ordinance. The motion was seconded by Hanes and adopted by the following vote: AYES: Council members Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Hr. Webber .............. 7. NAYS: None ..................... O. RE~O~TS OP COMHITTEE~ Nor~o UNPINI$HED BUSI NF~5: ~CHASE OF LA~-LI~RARYz At its ~eetln~ of June 28~ 19~ Council havin~ received~ · com~unication f~o~. E. E. Buening offepi~ to sail the City o~ Roanoke his p~ope~ty on the southeast co~ne~ of Plemlng Avenue a~ Rosd~ ~. ~.~ fo~ a b~nch lib~ In the ~llis~son ~oad a~ea~ fo~ ~h~ su~ fo~ a ~epo~k a~ ~eco~endation~ the City ~anage~ repo~ted that to conve~t the p~ope~t~ to use ss a b~nch llb~a~ ~ould take an unpredictable ~ount of additional fu~s a~ that the city no~ o~ns a lot on Plonee~ Ro~d~ purchased fo~ the purpose of e~ectin~ a b~a~ch llb~ In the ~llll~mson Road area a~ that cannot recommend the purchase of the said H~. Hlnton ~ved to concu~ In the ~epo~ o~ the Clt~ ~naEe~. T~e ~as aeconded b~ ~. ~oody s~ adopted. The Clk~ Clerk then ~e~d the follo~ln~ Resolution adopted b~ the Boa~: ~EREAS, the Roanoke ~ubllc Llbea~y was requested b~ C~t~ Council ~o study a co~nlcation fro~ ~{~. E. E. BueninK o~ 3~1 Willl~aon Road ~ho offers to sell his home at the above address ~o~ ~37,500 for a Branch Llb~aey; a~ W~EAS, ~res~den~ Huv~, MP. Sande~, a~ M~. Owens have inspected this p~opevty: mhd ~S, previous action of this ~oavd and Roanoke City Council on the date of June 13~ 19~9 did pa~s Resolution No. 100~1 authorizing the emplo~ent of an architect to draw up plans Coy a~ supevvise the const~uctlon o~ a Willimnson Hoad Branch Llb~a~; and ~EAS, the location o~ this b~anch was then intended to be located on ~loneev Road, Just Ea~ of the Fi~st National ExchanFe Branch Ba~ T~ORE, ~E IT RESOLVe, tha~ the p~oposal fro~ M~. Buenlng to puechase the site at 38Zl W$lliam~on Road be de~llned. BE IT ~HT~R RESOL~, that the Hoa~ke ~ubllc Library ~a~d ~eco~end to City Council that it be a~a~n requested to authorize evectior of a B~anch LibPa~y on the FloneeP Road lot already owned b~ the City Roanoke, said balldinE to cost approximately BE IT FURT~H R~OL'~, that C~ty Council be i~or~ed tha~ the opera- tion of a Branch Libra~ on ~illl~son Hoad whethe~ In a new buildlnE constructed fo~ that purpose o~ whethe~ In a converted eesldence ~11 necessitate a substantial addition ~o the p~esen~ opePatl~ ~udFet the Public Llb~a~." M~. Hanes moved that the Resolution of the Ltbra~ Foavd be deferred until the 1955 budget s~ud~ sessio~. The motion was seco~ed b~ M~. MSnton and adopted. WAT~ DEPA~T:~: Bids for the re~to~ation of ~fscellaneous, small a~ea, improved havd ~u~face street and sidewalk, occasioned b~ the no~zal daily of the Watem Department, fo~ a period of six months, havinE been received by Council a~ its mec%InK of July Z6~ 195~ and ~eferred to a co~ttee fo~ tabulation %he co~i~tee ~epo~ted tha~ the bid of John A. Hall a~ Compa~j Is low, but pointed out that all bidders, with the exception of Adams Construction Company, ha~e failed to co~ply with an instruction to bidde~a requlving each of them to submit with his bid a b~ochu~e cove~ln~ his qualifications and ability to work as Is move particularly'set ou~ in the speciflcat~on~ unless'he has eithe~ contract ov o%he~lse actually pe~fo~ed'ldentlcal semvices fo~ the city for a tinuous twelve months~.peviod duvinE the past three yea~ In orde~ to qualify as a bldde~. Afte~ ~o~e discussion, ~. ~oody o~fered the followin~ emergency O~dinance awa~l~ the contPact to John A. Hall: (t1~01) AN ORDINANCE awavdin~ a contract to John A. Hall; a~ provldin~, for.an emergency. 435 436 {For full text of Ordinance, aec Ordinance Book No, 20, BaFe ~. Woody moved the adoption of the Ordinance, The motion was accor~ied by Mr. Valdrop and adouted by the following vote~ AY~$~ Council members Hanes~ Minton, ~lckatt, Waldrop, Voody and NAYS~ The Freeident~ Rt. Webber .......... 1o CO~$IDEI~ATION OP CLAIH$i None. II~RODUCTION AW~ CORSIDI'~ATION OF ORDINANCES AND BESOLUTIONS~ ~ASEHENTS-COYNER 5FRIHG$: Ordinance No. 1~168~ granting Alfred ¥o McClanah8 license to cross certain property of the City of Roanoke nesrCoyner £prings in Boteto~t County and to use the mpring branch thereon for ~he purpose of waterinff his cattle, having previously been before Council for its ~trst reading, read and laid over, was again before the body, Mr. Minton of£~ring the following for its second readin~ and Final adoption: (~l~lOO) A~ ORDI~ANCg g~antin~ Al£r~d ¥o McClanahan license to cross certain property of the City of ~oanoke near Coyner ~prln~s in Botetourt County and to use the spring branch thereon for the purpose of ~aterln~ hie cattle. (~or full text of Ordinance~ see Ordinance Book EVo ~0~ gage ~30o) H~o Minton ~o~ed the adoption oC the Ordinance. Th~ ~otion ~as secured H~. ~ald~op and adopted by the Collo~1~ vote: ~8: Council ~emb~v~ Hane~ ~nton~ P~cket~ ~ldrop~ ~oody~ Youn~ and the P~e~ident~ ~. ~bbe~ ............. ~AYS: gone ...................... THA~IC: Th~ City Hanagev pre~ented an 0vdinance autho~lzin~ police office to re~ov~ illegally o~ l~p~ope~ly parked v~hicle~ f~om the public streets oC the City of ~oanoke to~ a~ l~poundin~ the~ fn~ places oC sto~age approved b~ the City Hanager~ e~tablishl~g a charce fo~ the ve~oval a~ stovace o~ such impounded vehiele~ and fmposl~ a lien thereon eot ~u~h cha~e~ p~o~Iding a ~ethod the o~n~v of such vehicle ~a~ ~e~ain posses~io~ theveof~ and providing ~ov an e~e~genc~; and veco~ended ~o Council that the Ordl~nce be adopted~ the ~ta~ln~ tha~ he f~els the Ordinance Is necessary to enable th~ pollce to keep t~a~fic ~o~ln~ a~ preven~ i11~gally parked cave f~o~ blockin~ ~af~lc lane~. ~r. ~oody noted that a charce of $7.50 for towing and the first twent hours of storage on such vehicles is contained In the Ordinance and stated that the mmount seems to be a bit excessive. After some discussion, H~. Woody moved that ~he charEe be changed to The motion was seconded by gm. ~aldrop and adopted. After further.discussion, ~. Minton moved that the ma~ter be laid over until the meeting of Au~st 23, 19~, a~ that the City H~ager be inspected investigate the matter of charges which will be made for the services required by local garages a~ report to Council at its next ~e~lar meeting. The motion was seconded by ~g~. Woody a~ adopted. AIRPORT: Mr. Ernest R~ey, lessee of 1.60 acres of ~ound located within Woodrum Field on which he mainta~ns a house trailer court and whose lease ex, ires Au~st 31, 19~, havin~ requested Councll at its meetl~ of July 26, 19~ extend said lease for a period of four years, ~. Minton moved that the following Ordinance be placed upon ~ts flPst reading. The motion was seconded by ~. Hanes ~nd adopted by the fol~owing vote: A~S: Council members H~es~ Minton, Plckett~ Waldrop~ ~oody, Yo~, the President, Hr. Webber .................. NAYSt None ....................... O. (~12202) AN ORDINANCE conditionally extendir~ an agreement of a lease. between the City and Ernest Ramey, ~ItEREAS, by an agreement of lease dated September 1, 19~O, on File in the OFf[ce of the City Clerk, in consideration of a monthly rental of $~O.00, the City leased unto Erneet R~ey 1o60 acree, therein describedj etd located within ~oodrum Field, for a contingent term of four (4) years ending on the ]let day of AuguSt, 19~11~ to be used exclusively es a Rouse Trailer tourt; and WHI'~EASv A provision of said lease reads as follo~e~ VIZ.: ~Notwithstanding anything to the contrary in thie le~se contained, It Is eepeclally covenanted and a~reed that either pa~ty hereto may cancel and ter~lrmte this agreement as cf any date, by giving the other party ~ixty (60) day's notice of his, or its, Intention so to do. and ~EA$, said lessee has requested that the City extend said lease for an additional term of four {~) yea~s so that it may continue in Force until 19~8, unless terainated as therein provided; which request is agreeable to this Council. THE~E'FORE, BE IT O~DAINiD by the Council of the City Of Roanoke that the lease agreement dated September 1, 19~0, on file in the Office of the City Clerk~ pursuant to ~hich, in consideration of a aonthl¥ rental of ~0.00, the City leased unto grnest Ra~ey the 1.60 acres, therein described and located within ~oodrum Field, for the contingent tern of four (~) years ending on the 31st day of August, 19~1~, to be used exclusively for a House Trailer Court, be, and the said lease is hereby, conditionally extended for an additional tern of four (~) years so that it may continue in force until August 31, 1958, unless terminated as therein contem- plated; provided, however, that this ordinance ~hall not become effective unless and until the said Erneot Ramey shall have signed an attested copy thereof as evidence of his agreement to the aboYe extension of said lease as requested by him; and such signed attested copy shall be promptly attached to the aforesaid lease by the Clerk of this Council. The Ordinance having been read, was laid over. BUBGET-CITY ATTORNEY: The City Attorney advised Councll that he will need an additional f~50.00 appropriation for travel expense for the present fiscal year: whereupon, Hr. Woody offered the following emergency Ordinance: ~(#12203) AN ORDIEANCE to amend and reordatn Section #4, ~Attorneye, of the 19~h Appropriation Ordinance, and providing for an emergency. {For full text of Ordinance, see Ordinance ~ook No. 20, Page ~37.) Hr. Woody moved the adoption of the Ordinance. The notion wa~ seconded by Mr. Young and adopted by the following vote: AYF~: Council members Hanes, ~Inton, Pickett, W~ldrop, Woody, Young, and the President, ~. Webber ............ NAYS: None ................... ~~0. ~TATE HIGHWAYS WITHIN CITY LIHITS: The City of Roanoke, the County of Roanoke and the Commonwealth of Virginia having heretofore Jointly undertaken the widening and improvement of a portion of Colonial Avenue, S. ~., the present northwesterly line thereof being the present corporate limit of the City of Roanok~ the City Hanager stated that he has caused a~praisals of each of the properties needed for the widening of said avenue which the city w111 be required to furnish and that funds are available for the purchase of said property and requested Council to grant authority for the purchase of the three parcels needed. 43'7' MI'. Waldrop moved that Council 'concur in the request of the City Manager and offered the follo¥in~ emergency ~dinancet (J12P04) AN ORDINANCE authorizing and directing the acquisition of certain strips or parcels of land on the north side of Colonial Avenue, S. V., to provide for the videning Of portions o£ Colonial Avenuel providing for the purchase price thereofl and providing for an emergency. (For full text of Ordinance, ac; Ordinance Book No. 20, PaFe 237.) Mr. Valarop moved the adoption of the Ordinance. The motion was seconded by Mr. Younz and adopted by the following vote~ AYESt Council members Hanes, Minton, Pickett, ~aldrop, Woody, Young, and the President, Mi-. Webber ................... ~o NAYS: None ......................... Oo MOTIONS AhD MISfELLAh~OUS BUSINF~$: DEFARTM~ O? PUBLIC ~LFARE: Mr. Frank B. Atkins appeared before Council and stated that since his welfare allotment has been cancelled and his hearing the State Department of tublio Welfare has not bsen ruled upon he is unable to buy zedielne for hls wlfe who is ill and that he has two prescriptions which he has taken to the City Pharmacist end said ~hsrmaclst has refused to fill them. Fm. Young moved that the City Manager be instructed to have the City Pharmacist fill the two prescriptions for ~r. Atklns. The motion vas seconded by Mr. Woody and adopted. GRADE CROSSINGS: Mr. Young stated that the city has been informed by the Co.~monwealth of Virginia that the contract ~or construction of the Jeffer~ n Street Grade Crossing Ellmlnatton Viaduct and Project has be~n conditionally awarded to the iow bidder, Rea Construction Co~pany, Incorporated, contin~ent upon approval of the City of Roanoke and the Norfolk and Western Railway Company and offered the following Resolution: (#12205) A BgSOLUTION concurring In the award by Department of Highways of the Commonwealth of Virginia, of the contract for the construction of the Jefferson Street Grade Crossing Elimination Viaduct and ~roject (Route No. 11, Project No. 1610-70o71, Federal Project U-~02(12) City of Roanoke) to Rea Construc~ Company, Incorporated, subject to concurrence of the Norfolk and Western Railway Company and thc Bureau of Public Roads: requesting the State Department of Highway: to negotiate for certain deletions and substitutions that may reduce the cost of the project' without impairing the efficiency: and providing for an emergency. (For full t~xt of Resolutlon, see O~dlnance Book No. 20, Page 238.) Mr. Young moved the adoption of the Resolution. The motion was seconded Mr. Minton and adopted by the following vote: AYES: Council member~ Hanes, Minton, Pickett, Waldrop, Woody, Young, and the President, Mr. Webber ................. 7. NAYS: None ........................ O. There Being no further business, 'Council adjourned. APPROVED ATT/~~~ COUNCIL, REGULAR Monday, August The Council of the City of Holnoke met in regular meeting in the Council Chamber In the Municipal Building, Eondsy, August P3, 1954, at P:O0 o'clock, p. mow the re/~ular meeting hour, with the P~esldent, Mr. Webber, presiding. PBFSENT: Council members Hanes, Minton, Pickett, Waldrop, Woody, and the President, Mr. Webber .................. 6. ABSEnt: 14r. Young .............. 1. O=~ICn-RS PRESENT: Mr. Arthur S. Owens, C~ty Manager, Mr. Randolph %~ttle, City Attorney, Mr. Harr~ N. Yates, C~%y Auditor, a~ Mr. J. ~obert Thomas city Clerk. ~e ~ee~in~ ~as opened ~Ith a pra~e~ by the Hevere~ E. ~. T~out~an~ ~a~tov o~ the E~anuel Lutheean Church. MI~ Copy of the minutes of the ~egular meeting held on ~'onday, Au~st 9, 19~, having been furalshed each member of Council, upon ~otlon Mr. Hanes, seco~ed by Hr. Minton a~ adopted, the reading was dIspen~ed wlth and the m[nutes approved as recorded. At this point, the l~ayor asked the Clerk tv read the followlnff Resolution: (~12P06) A RESOL~ION expressing, unto Archer R. Minton, the gratitude of this Council, and that of the people of the City of Roanoke, for the many ~erltorlous contributions he m~de to the progress a~ welfare of the City of Roanoke while servfnC as its Mayor a~ as a member of its governfn~ body. (For full text of Resolution, see Ordinance Book No. 20, Face Mr. Woody ~oved the adoption of the Resolution. The motion was seco~ed by Mr. Hanes and adopted by the following vote: AYES: Council members Hanes, Pickett, Waldrop, Woody, and the President, Mr. Weber .................... NAYS: None ............ O. (Mr. Minton not voting) (Mr. Young absent) The Mayor then presented to Mr. }~Inton, on behalf of his colleagues tn Council, a silver tray commemorating his service as a member of Council smd as ~ARtNG OF CITIZENS UPON PUBLIC MATTWRS: STRE~ I~RO~S: Mrs. Mildred W. Ca%Dbell p~esented a petition fro~ the residents on Yellow Mountain Road, S. E., in the 8arden City area, City Council to authorize the' City Manager to resurface Yellow Mountain Road from the city limits on the east of Garden City Bouleva~ to one block beyond ~ere Yellow Mountain Road intersects the Rocky Mount Road. Mr. Minton moved to refer the petition to the City Manacer for lnvesti- 'gation a~ report to Council with his reco~endations. The motion was seco~ed by Mr. Waldrop a~ adopted. TRAGIC: Mr. R. Glenn Culbertson appeared before Counc~l in opposition ~proposed Ordinance authoP~zfn~ the Polio9 Department to remove illegally parked automobiles from the streets, protesting the change tn parking regulations in the downto~ ~rea ~nd protestlnF against a number of signs erected on the city streets which he stated told citizens what they could not do. :'439 Hr. Waldrop moved to refer the matter to the City Hana~er for lnvesti~atior and report to Council. The ~otion vas seconded by Mr. Hlnton and adopted. TRAPFIC: Hr. W. W. Coed, representinE Hountain Dale LodGe, No. bP, Io 0. O, presented a petition From members of that or6anization, protestin~ eEatnst the psrkin~ re~mlations on Church Avenue, 5. W., between Plrst Street and Second Street, and requestin~ that parkin~ be permitted in that block~ on the north side~ after ~:30 o'clock, p. m.. F~. Goad statin~ that the members of the LodGe have )b~erved that no traffic conditions exist beyond that hour of the day which would ~ustiFy the ban on parking. Hr. Hinton moved to refer the matter to the City HanaFer for investigation and report to Council. The motion ~ s~conded by Hr. ~aldrop and adopted. TRAFFIC: Hrs. Huth H. An~le appea~ed before Council, protestin~ aFalnst the present downtown traffic reEulations and of£erin~ a substitute plan to that no~ in Force. t~-. Woody moved to refer the matter to the City Mans?er For consultation ~ith the Police Traffic ~ureau, requesting the City ~ana~ar to m~et ~Ith Ers. ln~le at lO:CO o~clock, a. a., Tuesday, August P~, 19~4, and after study of the proposal, report to Council. The matlon was seconded by ~r. N~nton and adopted. FETIT!ONS Ah~ C0~JNICATIONS: T~AF?IC: A petition From cltiaens residin~ in the southeast area, questtna that a stop si~n be placed on the corner of ~ontrose Avenue, ~ornlnF- side Street, Tayloe Street and Eleventh Street, $. E., ~as presented to Council. Hr. Hlnton mo~ed to refer the matter to the City Hamster for investigation and report. The motion was seconded by Hr. Hanes and adopted. SEW~S: A comzunication From I~w. To L. Plunkett, Jr., Attorney, representi~ Hr. G. G. Prelim, requesttn~ that the city pay one-half of the cost of extending a la-inch outfall se~er line from its present location in Pishburn Park approximate 1,900 Feet to the north side of Colonial Avenue, S. ~., to serve a plot of land approximately thirty-nine acres in area ~hich Hr. Fralin proposes to subdivide into residential lots, ~es presented to Council. Er. Hfnton moved that the matter be referred to the City Hamster For in~esti~ation and report to Council of the ~stl~ated cost of such extenelon, the availability o£ funds in the budget and whether or not the l~-inch ourfall sewer line is sufficient in capacity for the purpose requested. The motion wss seconded by ~r. Hanes and adopted. STREET CLOSING: The City Clerk read a com~unlcatlon from Messrs. Elbert H. Weldron and W. A. In~r~, requestin~ the closin~ and abandonment thereof for street purposes of Pe~nyd Avenue and a portion of Leonard Street, N. E., lylnE between Oakland ~oulevsmd end the east boundaI~r llne of the Hurst estate. Mr. Wsldrop moved to refer the matter to the City Plannin~ Com/aisslon for study and reco~endation. The motion was seconded by Mr. Minton and adopted. REFUSES AND HEFATES-LICENSES: A cor=nunicatlon From C W O Mechanical Corporation of Altavista, VirGinia, ststin~ that on the basis of a contract accepted in the City of Roanoke in the amount of ~95,8P0.O0 the Corporation has been required to pay license tax For both the years 1953 end 19574, that the license tax for 19~4 was paid under protest and requestinG the city to refund the 195~ license in the ~mount of $79~.75, was presented to Council. Council having had a like request from English Construction Company, Incorporated, at its meeting of Aulmst 9, 19~, and having referred that request to the City Attorney for an opinion, Mr. Hanes ..~oved that this request be referred to the City Attorney for consideration along with that of English C~natruction Company and report to Council. The motion was seconded by Woody and adopted. TRAF~IC~ A co~municatlon from Mr. M. W. Peyton, requesting the tnstallatio~ of a stop light at the corner o£ Tenth Street and Patterson Avenue, S. W., was presented to Council. Hr. Waldrop moved that the matter be referred to the City Manager for Investl~ation and report. The marion was seconded by Hrs. ~lckett and adopted. WATER DEPA~TF~.~: A communication from Felton Rug Service, requesting a survey of their ~ater consumotion, pertinent to the City ~ater Department's billings, was presented to Council. The City Manager reported that the Water Department has made such a survey and that its investigation shows that the meter readinzs tally with the consumption as shown on the bills rendered, the City ~ansger stating that the W:~ter Depsrtment will be glad to take the Felton meter out and run a test on the meter ~n the pre~ence of the customer. Mr. Minton ~o~ed that the matter be referred to the City Manager to take the necessary action. The ~otion was seconded by ~,~. Hanes and adopted. SIDEWALK-CUR~ Ak~ GUTTER-STBEETS-$T~ET LIGhtS: A communication from residents of Lakevfew Drive and Springhill Drive, N. W., transmitting petitions for construction of curb and gutter and sidewalks on both streets, establishing permanent grades and pavement on the streets and erectlon of street lights in the area, was presented to Council. ~.~s. Frederick A. Tanner, a resident of the area, ~ peared before Council and stated that the streets and area are drained by ditches which are rapidly eroding and causing mud holes at low places, that the streets average only thirteen feet in width and in some places are as narrow as ten feet a~ that no work has been done in the area to correct these condftlcns. The City Mansger advised Council that this subdivision was developed prior to the Subdivision Ordinance being adopted, that It has no sewage and that permanent improvement on the streets cannot be made until such time as seware lines have been installed. Mr. Hanes moved to refer the matter to the City Manager for investigat~on and report to Council. The motion was seconded by }~. Waldrop and adopted. STREET IM~ROW~¢~h?S: A petition from residents on Rose Aveuue and Thomason Road, S. E., requestin~ that both streets be paved with a permanent pavement and that a dirt road extending from Rose Avenue through property now owned by the City of Roanoke to Tho~ason Road, $. E., be made a gravel all-weather road, was before Council. H~. Woody moved that the matter be referred to the City Manager. The motion was seconded by Ma. Minton and adopted. ZONING: A co~uunication from Mr. Morton Honeyman, Attorney, representing Julius Harris and Morton J. Harris, requesting that Lot ~, Block 4, Corbleshaw Map, located at the intersection of Brzmbleton Avenue and Ashby Street, S. W., and Sweetbrier Avenue, S. W., be rezoned from General Residence District to E~ualnese District, was before Council. 442 Mr. Waldrop moved that the matter be referred to the City Planning Commiesicn for study and reco~mendaticn. The m~tion was seconded by Mr. Minton and adopted. BUDGEToSCHOOL~ A communication from Dr. E. W. Rushton, Superintendent of Schools, advising that the Com~nwealth o~ Virginia has allocated an amount of $5,655.0~ for Vocational and Industrial Arts equipment over and above the amount estimated in the 1954 Budget and requesting that this ~mount be appropriated to the School account, was presented to Council. M~s. Pickett moved that Council cancur in the request and offered the following emergency Ordinance: (#i~PO?) AN ORDINANCE to amend a~d~ordaln Section #1~3, "Departnental Equipment and Improvementsw, o~ the 1952 Appropriation Ordinance, and providing for an e~er~ency. (For full text of Ordinance, see Ordinance Book ~o. 20, Pa~e Mrs. ~Ickett ~oved the ~doptlon of the Ordinance. The motion was seconded by ir. Nfnton and adopted by the following vote: AYES: Council members Hanes, !~Inton, Pickett, ~ldrop, W~ody, and the ~restdent, !.ir. Web,er .................... 6. NAYS: None ........................... O. (Mr. Young absent) CLAIMS-WATeR DKPART~E}~: A co~unlcation fro~ ~r. ~. T. WIn~fleld, 3627 Orandview Ave~me, N. W., asking reimbursement in the amount of %55.00 for damages, and a like co~unication fron Mr. Cmrl V. Smith, 2702 Oakland Boulevard, N. W., requesting reimburse~ent in the amount of $260.13 for dmmages, such damages in both instances being caused by the breakage of a water main In front of 3627 Grandview Avenue, N. W., and pouring water over both properties, were presented to Council. The Clerk also presented an opinion from the office of the City Attorney, advising Council that It has no legal liability In the instance. Mr. Hanes moved to refer the matter to the City Manager for investigation of this and a prior break in the same mafn and a report and recommendat{on City Council. The motion was seconded by Hr. Woody and adopted. REPORTS O? 0F~ICERS: AU~ITS-CL~HK OF COURTS: The City Manager presented to Council a report by the Auditor of ~ublie Accounts of the Conmonwealth of Virginia on an audit of the office of R. J. Watson, Clerk of the Hustings Court, Court of Law and Chancery and Circuit Court of the City of Roanoke for the calendar years 1952 and 1953, said reports advising that the Clerk has made full accounting for all funds of record co~fng Into his custody and co~nendlng him for the excellent manner in whlch his records had been prepared. Mr. Minton moved that the reports be filed. The motion was seconded by )-~. Hanes and adopted. T9AFFlC: The City Manager having reco~.mended to Council under date of August 9, 195~, that it adopt an Ordinance authorizing lr~oundlng by the Police Department of illegally or improperly parked vehicles on the public streets of the City of Roanoke, and Council at that meetlng having instructed the City Manager to investigate the matter of charges which would be made for the services required in towing and storage of such vehicles, the City Manager reported that he has a tentative agreement with five local garages to tow improperly parked vehicles 'O From the street to the city's lot on Salem Avenue at a charge of $3°50 from 8:C0 o'clock, a, m,, to 6:C0 o'clock, p. m., and ~.00 at other tiwee, and adviced Council that there are five c!ties in the State who now have Towing Ordinances, Mr, ~lnton moved to lay the matter over until the next regular meeting of Council, The motion was seconded by Mr, Waldrop and adopted, BUDG,-rT-CITY SE~OrANT: The City Manager presented a request of the City Sergeant for a transfer of $150.00 from the salary of extra employees to stationery and office supplies in the City Sergeant's account in the 1954 ~udget, in ~ich he stated he concurs, H~. Woody moved that Council concur In the reco~endatlon of the City Manager and offered the following e~er~ency Ordinance: (~1~208) AN ORDINANCE to ame~ and reordaln Section ~27, "Sergeant~, of the 19~ Appropr~atlon Ordinance, and prov~dimF for an emergency. (For full text of Ordinance, see Ordinance Book No. ~0, Page 243.) Mr. Woody moved the edoptlon of the Ordinance. The motion was s~conded by Mr. Minton and adopted by the follo~ ng vote: A~: Council members Hanes, Minton, ~ickett, Waldrop, Woody, a~ the President, ~r. Webber .................. 6. NAYS: None ..................... O. (Mr. Young absent) BI~G~-~ECR~ATION DEF~T;~X~: ~e City Man~Fer presented a request fro~ the Director of Parks and Recreatlon for the transfer of ~66.~5 from repairs to sandlot equipment in the Recreation Deoartment account of the lqS~ Budget, which he concurred. F~. Minton moved that Connc~l concur in the recommendation of the City Manager and offered the following emerzency Ordinance: (~12209) AN ORDINANCE to amend and reordain Section ~110, "Recreation Deoqrtment", of the 19~4 Appropriation Ordinance, a~ providing for an emergency. ( ~or full texk of Ordinance, see Ordinance Book Ne. 20,.Page Mr. Minton moved the adoption of the 0rd~nance. The motion wes seconded by'Er. Hanes and adopted by the following vote: A~S: Council members Hanes, Minton, FicPett, g~ldro~, ~oody, and the President, Mr. Webber ................. 6. NAYS: None .................... 0. (Mr. Young absent) STRE~ WIDENING: Council at its meeting of June 1, 195A, having requested the City Manager to determine the cost of acq~'~ring a strip of la~ necessary for the widening of the southwest corner of Eleventh Street and Falrfax Avenue, N. N., he reported that the property required can be purchased for $930.00 and the corner cut back for an additional $6~0.00, making an estimated total of the project of $1,580.0~ and that no appropriations will be necessary since sufficient fu~s are contained In the 1954 ~udget, stating, however, that will be necessary for Council to adopt an Ord[n~nce anthorizin~ the purchase of the necessary property. ~. Waldrop moved that the matter be referred to the City Attorney for the preparation of the necessa~ Ordinance for the purchase of the land reqn~red. The motion was seconded by Mr. Minton and adapted. PARKS A~ P~Y6ROUNDS: In response to the request of the City Council at its meeting of Angst 9, 1954, the Clty Manager reported that the cost of lighting 144 ten.is cou~ta ~n Hel~osa Yar~ ~11! be ~2,0~0.00 e~d of reaurf~clng the re,mia courts ~750,00, and that the city has on hand attffficlent materials for fixing the fence around the tennis courts. Mr. Minton moved to appropriate $2,800.00 for the purpose of llFhting, and resurfacing the said tennis courts. There being no second, the motion was lost. Mrs. Pickett then moved to defer the matter to the 1955 Budget study sessions, at m~hich time the matter will be handled with high priority. The motion was seconded by H~o Waldrop and ~doptedo AL~HOUSE: The City Manager submitted written report from the Almshouse for the month of July, 195h, showing8 a total expenze of $1,535.78, as compared with a tot~l expense of $1,90ho35 For the month of July, 1953o The report was filed. CITv YHYSICIAN: The City ~anaFer submitted written report fro,~ the City Physician for the month o£ July, 195h, ehowln~ 6Ch office calls, 691 prescriptions filled and 193 treatments Fiver, as compared with prescriptions filled end 255 treatments given for the month of July, 1953. The report was £iledo DEFAHT{~ OF ~UBLIC '~LFARE: The City HanaFer submitted ~ltten report frc~ the Departzent of ~ubllc ~;elfare for the =onth of July, 19~h, eho~nE 1,577 cases handled at a total cost of i ~6~7&~°6~, as co~pared with 1,~10 cases handled at a total cost of ~68,6~1°6~ for the month of July, 1953o The report was £11ed. REPORTS: The City HanaFer submitted written reports from the City Harket, the Delinquent Tax Department, the Department o£ Bufldln~e, the Electrical Department, the Health Department and the ?urchasl n July, 19~i; also, reports from the Department of Public Works for the months of June and July, The reports ~ere ftledo TRAFFIC: The City ~anaFer presented a report on the question of eli~Inating packing on the north Side o£ J~ison Avenue, S. go, between Twelfth ~treet and Thirteenth Street, es previously requested by Council, recommending that parking alon~ the north side of Jm~ison Avenue between Twelfth and Fourteenth Streets be eliminated. ~rs. Pickett moved to refer the matter back to the City Eanager fo~ a further investiFatlon to Include discussion o£ the ~stter ~ith the merchants in that area an~ report to Council. The motion was seconded by P~. Hanes and adopted. WATER DEFART~h~: Councll havlnF referred to the City Manager at its meetfn~ of July 26, 19~, a request from citizens on Woodland Road, Brooks Avenue and Ke£auver Road, S. E., for extension of water to their properties, and the City Eanager having reported to Council at its meeting of August 9, 19~4, that under existtnq Rules and Re~ulatlons of the Water Department, as provided 5y Ordinance, he cannot extend water into these areas unless funds are provided by the citizens' as required under the said Rules and Re~ulations, Or by appropriation by Councll~ and Council again havin6 referred the matter to the City Manager for investigation re~ardin~ the sources of supply then in use by said citizens, the City Manager reported that he has had the water sources of that area tested by the City Health Department and that the water is unfit for consumption. He further reported that the Water Department is prepared to start constructing mains lm~ediately upon the citizens of that area complying with the present Rules and Regulations of the Water Department. Mrs. L. ?. Edwards, 1415 Brooks Avenue, $. E., and Mr. J. C. Jones, 1401 ~rooks Avenue, 5. E., both appeared and requested that they be advised Just exactly what the cost would be to them for the installation of the water services. Mr. Hanes then mo~ed to refer the matter back to the City Manager to meet with the people in that area and advise them of the actual cost to them individual~ for the Installation of the water services and to try to work out the problem and report back to Council. The ~otion was seconded by Mr. Waldrop and adopted. DEPART~nr~NT 0~ ~UBLIC WELFARE: Council at its previous meeting having requested the City Manager to investigate the question of con~aleecent homes for patients who no longer require hosDital~satlon, the City ~anager reported that If the patients were removed fro~ regular hospitals and put into convalescent homes the state would no longer participate In the cost. The Director of ~ublic Welfare pointed out that while the state would not participate in the cost of maintaining the lndicent patients in a convalescent hone from the indigent hospital account it is probable that some contribution could be made to the cost from general relief funds in which the state partici- pates and that in this manner the city might make some slight savings over the cost of the nrogra~ now In effect: he, therefore, recor, nended that a few cases be placed in convalescent homes as an experiment. ~r. Hlnton moved to take the matter under consideration and instruct the City ~ana~er to get accurate information on the cost operation of a convalescent ho~e and consult with state offlc~als as to the probability of the state sharing In the cost of such hsmes and report to Council by the end of the year. The motion was seconded by [~r. Hanes and adopted. DE~ART~hT OF PUSLIC %fORES: Council having previously rejected all bids received for the purchase of one ~otor pickup sweeper and directed a readvertlse- ment for said sweeper, the City Reneger presented a tabulation of bids received under the readvertisement for the purchase of said sweeper, bids having been received from: Sheller Equipment & Supply Co. - $?,6~6.9~ - 2~ 10 days ~emlss Equipment Corporation - 9,6~5.50 = 2~ C.O.D. Cary Hall Machinery Cor%~any 7,853.00 1~ 2 days del. Mr. Hanes moved to refer the bids to a committee consisting of Mr. Arthur S. Owens,. Mr. Jo~m L. Wentworth and Mr. H. Cletus Broyles for study mad tfon to Council at its next reguler aeetlng. The motion was seconded by Mr. Minton and adopted. BUDGET-PURCHASING AGENT: The City Manager advised Council that Mr. H. B. Moss, Purchasing Agent, has been hospitalized for a week and will continue to be out of his office for approximately six weeks and for that reason it is necessary to have an appropriation of ~320.C0 for extra employees in the office of the City P~rchaslng Agent; ~hereupon, Y~. Minton offered the followin~ emergency Ordinance: (#17210) AN ORDINAECE to amend and reordain Section #11, "Purchasing of the 19~ Appropriation Ordinance, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 20, Page 445 446 ~. Hlnton moved the adoption of fha Ordinance.' The ~otion ~as seconded by Hr. Hanes and adopted by the following voter AYES{ Council meabera Hanes, Hinton. Pickett, Waldrop, ¥oody, and the President, Hr. Webber .................... NAYS: None ...................... O. (Hr. Young absent) STATE CORPORATION COP2~,ISSIONI The City Auditor presented a comparative statement of property values and taxes thereon of the Public Service Corrorations levied by the State Corporation Co~mlssion for the years 1953 and 1954, showing an increase in levy of $52,617.91 over the 1953 levy. The report was ordered filed. RrP0.~TS 0~ COX'ITTE=S: None. UN~INISPrFD STa_WATP,~ CLOS!NS: Council at its meeting of July 26, 195~ having received fron ~osaltnd Hones, Incorporated, King Daywalt~ Alberta Thorne Daywalt and Jeannette G.. Thorne, through their Attorney, Frederick R. Larson, a request that Oak Rea% $. W., between O~erton Street and the west corporate limit of the city, be closed and abandoned for ~treet purposes, which raquest was referred to the City Plannln~ Com~lsslon for study and recom~endation to Council, the City Plannin~ Com~isslon reported that the proponed closln~ Of said street is for the purpose of providing for a better arrangement in the developnent of a subdivision ~ich will providv for said street to be relocated and dedicated to the city and that the Co~_nlasfon recommends to Council that the petit!oners~ request be granted. Mr. i~inton moved to hold a public hearing In the matter at 2:00 o'clock, p. m., Septenber ~0, 195~ in the Council Chamber of the City of ~oanoke. The motign was seconded by Mr. Hanes and adopted. ZONINO-T~At?IC: }ir. Roy R. Pollard and Vtrglnla ?ollard, through their Attorney, Mr. }~rtcn Honeyman, on May 2~, 195~, havln? requested Council to re,one pr?arty locateu between Sherwood Avenue and Brandon Avenue, $. W., west of !-ia!n Street~ described as Lots 9-10-11, Elock 5, Barbour Heights MaD, from General Residence Dlstr~ct to B~siness District, and in a further communication presented to Council at its meeting of July 12, 19_q~, having offered to ~tve the City of Roanoke a portion of Lot 11, Block 5, Barbour Heights Map, not to exceed fifty-five feet on Brandon Avenue, for ~tdeni~g of said street, if the city would rezone the propert~ as previously requested, both of which matters were referred to the City Planning Cgm~lssion for study and recom.~endation to Council, the City Planning Cor~tsslon reported that It is the Comm!ss!on's considered opinion that the use of maid property for business purposes would increase-traffic hazards existing at the intersection of Hain Street and Brandon Avenue and that the rezon!ng of said property wguld be contrary to the best lntaremta of the public, further that the rezoninz of said lots and any business uses made thereof would adversely affect the value of the homes of residents in the block in question and make rhea less desirable for residential purposes, the Commission consequently recoxmendin~ that the request of the petitioner for rezoning of said lots to a Business District be denied and fumther recom~endi~g that the city purchase Lot 11, Block 5, Barbour Heights Map, for future Improvement st the intersection of Main Street and Brandon Avenue. Mr. Honeyman stated that the first intimation he had had of the reasons fo objections by the City Planning Commission to the re,ninE of the property in question was when the Clerk read the report of the Comr~isslon to C~uncil and requested that a public hearing be held on the question of rexonlng the said property. H~o Hanes moved that a public hearing be held at 2:CO o'clock, p. m,, September 2?, 1~.~, In the Council Chamber, on the question o£ rezoning Lots 9-10-11, Block ~, Barbour Heights Map° The motion wac seconded by Mr. Minton and adopted. STATE HIGHWAYS ~!THIN CITY LIMITS: Council at its meetlnF of October 8, 19~1, having requested the City Plsnnlng Co~Ission to study Wllllamson Boad fro~ its intersection with the northern limit of the city to its intersection with Oran{e Avenue, N. E., and prepare for Council's ccnslderation its recommended master plan for that portion of the city, the City Planntn~ Commission in a co~nunlcation presented at this tize a recem~endat!on that City Council request the Virginia Department of Hlffh~sys to render whatever assist~nce may be necessary to the Co~Ission in mekinF such a survey and plan. Hrs. Pickett ~oved that the co~un!catlon be lald over until the next regular meetlnC of Council. The motion was s~conded by ~r. Yaldrop aha adopted. CSNSIDE~ATION OF CLAIES: None. INTBODUCTION A~ C~NSID~ATION OF ORDINANCES AND B~SOM~IONS: ZONING: Ordinance No. 1P19~, rezoning prspe~ty lecated on Bro~nlee Aven~e and Und~rhlll Avenue, B. E., in the vicinity of Spruce 2treet, de~crlbed as Lots 9-1~, inclusive, and Lots Pr-PC, inclusive, Block ~, ~stover Place ~ap, and all of Block 6, Eastover Place ~ap, fro~ General Residence Dlstrlct to LIFht Industrial District, having previously been before Council for its fl~st reading, read arid laid over, w~s aFa~n before the body, Mr. Hanes offering the following · for its second read~ng and final adoption: (#12192) AN ORDINANCE to amend and reenact Article I, Section 1, of Chapter 51 of the Code of the City of Roanoke, Virginia, in relation toZoning. (For full text of Ordinance, see Ordinance Book No. PO, Page 240.) Mr. Hanes moved the adoption of the Ordinance, The motion was second*6 by Mr. Minton and adopted by the following vote: AYe_S: Council members Hanes, Minton, Pickett, Waldvop, Woody, and the President, Mr. Webber ...................... 6. NAYS: None ......................... O. (M~. Young absent) AIRPORT: Ordinance No. 12202, extending the lease of Mr. Ernest Ramey for rental of property adjacent to and north of the Roanoke ~nici~al Airport, having previously been before Council for its first reading, read and laid over, was again before the body, Mr. Minton offering the following for its second reading and final adoption: (#12202) AN ORDINANCE conditionally extending an agreement of a lease between the City and Ernest Ramey. (For full text of Ordinance, see Ordinance Book No. 20, Page 241.) Mr. Mlnton moved the adoption of the Ordinance. The motion was seconded by Mr. Waldrop and adopted b~ the following vote: AYE. S: ~ouncil members Hanes, Minton, Pickett, Waldrop, Woody, and the President, Mr. Webber .................... 6. NAYS: None ....................... 0. (Mr. Young absent) 448 SPECIAL PERHI?S~ Council having requested H~. Clitton A. Woodrum, install two leadin? platforms on the e~st side of the warehouse located at 1131 Fourth 5treat, S. E,, upon certain terms and conditions, and to have Ordinance approved by the City Attorney, the City Clerk advised the body that the measure has been prepared: whereupon, ~'. Woody moved that the following be placed upon its first reading. The motion was seconded by F~. Waldrop and adopted b~ the following vote: President, ~. Webber .................... 6. NAYS: None ....................... 0. (Mr. Young absent) (#12211) A~ ORDINAKCE grantin~ a tenporary remit to Roanoke Grocers, Incorporated, to install two (2) loading platforms on the east side of the warehouse located at 1131 Fourth Street, S. E.. Roanok., ¥1rg~nla, upon certain terns and conditions. ~,~FREAS, application has been ~ade to the Council for the per.it herein- after granted and the grantln~ of the sane has been reco~ended to %he Council b~ by ~he City Man~cem. TH~9~0RE. BE IT O~DAI~D by the Council of the City of Roanoke that ~o ~s%~ll t~(2) loading platforms on ~he east Mde of the ~ehouse located at 1131 Fourth Street, S. E., Hoanoke. V~rfln~a, and projecting upon prop~m%y owned by %he C~%y of Roanoke as shown on %he plat dated Au~st ~, 1954, prepared by David Dick, State Certified Engineer an~ Surveyor, a~ ~his day f~led of record ~n the Off~ce of the City Clerk, upon the followin~ te~s and condl%~ons: or exenp% the said per~t~ fro~ llab~llty rom negligence in ~he const~ct~on. 2. That the said penu!ttee, by its acceptance of the terms of this permlt shall be deemed to have agreed to indemnify and save harmless the City of Roanoke from any claim for dmmage or injury resulting in any way from the construction, 3. That the permit herein granted shall be revokable at w~ll by the Council of the City of Roanoke, and that upon notlce of such revocation the said permittee shall, within thirty (30) days from the date thereof, remove the said loadtnc platforms; and ~. That the pe~[ttee shall sign the o~c~nal copy of ~h~s o~dinance, by which signature it shall be deemed to have agreed a~ bou~ itself to observe and keep the provisions hereof, which signed copy of the ordinance shall be retained in the f~les of the City Clerk. ACCEPTS, August ", 195~: ROANOKE GR~ERS, INCORPORAT~ Attest: Secretary WATER DE?AR?MENT~ The City Attorney herinE been requested to prepare the proper Re~olution, authorizing the Water Department to ineta11 a water connection to eerva the pre,lees located at 39C24 Yellow Hountain Road, So E., pre~ented aa~e~ whereupon, ]~. Minton offered the following: (~17212) A R~SOLUTION authorizinE the Water Department to in, tall a water connection to serve the pre~ise~ located at ~o. 3~Ch Yellow Fountain (~or full text of Rea~lution~ see Ordinance Book No. ~0, ~a~e by Mr..~aldrop and adopted by the follo~[n~ vote: A~S: Council me~ber~ Hanes, Minton, Pickett, ~aldrop, Woody, ~d the PPesiden~, Hv. Webber .............. ; ..... 6. NAYS: None ....................... O. (MP. YounF absent) WATER D~P~T~: M~. Wood~ b~ought tO the a%~ent~on of Council a~ offered the followinF eme~fency Ordinance, m thoPlzinE a~ direc~ln~ the paeation o~ plans a~ speciflcat~ons fop necessary additions to the Carvtns Cove Filter plant: (~12~13) AN O~DIKAECE autho~iz~nz and di~ect~n~ the City Haneda= t~ a~ speclf~cations for necessar~ additions to the Ca~vlns Cove ?flte~ plant, and pPovldln~ fop an ene~cencl. (Fo~ full t~xt of O~dinance~ see O~d~nance ~ook No. 20~ Pale by EP. Minton and adopted by the followinC vote: A~: Council membePs Hanes, M~nton, ~tckett, Waldrop, Woo~y~ a~ the F~esident, ~-~. ~ebbev ................... 6. NAYS: ~one ...................... O. (My. YounE absent) MOTIONS A~ HISCEL~5~OUS SCH00~: ~Ps. E. C. Potter presented Councll a petition from citizens the G~a~in Couv~-Gceenland Hills section, requestlnc the Roanoke C~ty School ~oard not to assign children from othev sections of the city to th~ GraVen Court Elementary School, thereby causln~ cvowdin~ that will result In classes in some Evades, bu~ ratheP to t~ans9oPt such ch~ldcen to schools wheve Hr. Wald~op moved ~o refer the matter to the School ~oavd with the The motion was seconded by F~. Hanes and adopted. The~e be~nE no fuPtheP business, Council adjourned. 449- 450 COUNCIL, ORGANIZATION H~FTING, Wednesday, September 1, 195~. The Council of the City of Roanoke met in the Council Chamber In the ~unlcipal Building, Wednesday, September 1, 19~4, at 3:00 o'clock, p. m., for organization, pursuant to Section 10 of the City Charter. PROSPEr: Council members Lelgh B. Hanes, Jr., ~s. Hary C. Pickett, Paul J. Puckett, John B. ~aldrop, Roy L. ~ebber, Robert ~. Woody and Walter L. Young-- ............................... A~SE}~: Eerie ........... O. OPFICERS PRF~Eh~: Hr. ~rthur S. Owens, City ~anager, Nr. Randolph O. ~Ittle, City Attorney, Er. Harry R. Pates, City Auditor, and ~r. J. Robert Tho~ns City Clerk. At the request of ~ayor ~febber, the City Clerk advised that thi~ Charter required meeting of the Council is generally referred to as Its Organization ~eetin? and the Council may elect a President, a Vice President and anoh other city officials as it is required under the Charter to elect during the month of September, 195~. QUALI~ICAT30N O? ~2.~BFR2: The City Clerk reported that ¢~rtificate~ of qualification of the member~ of Council beginning new terms, viz: ~e~rs. Paul J. Puckett, Roy L. ;;ebber and l;alter L. Young, have been filed with the Clerk of the Courts and that they have taken the oaths of office ~rescribed by law. ~;ayor Webber then extended the greetings of the City Council to ~Tr. Paul J. ~uckett who is taking his ~eat on the b~dy For t?e first time and l~ro 7uckett re,Fended ~hat he ia taking hln place a~ong thc group with pleasure. ~gr. Younc moved that the City Clerk be appoln~ed temporary Chairman of the meeting, pendin~ election of off,cars of Cuuncit. The motion ~as ~econded by ~r. Hanes and adouted. EL~CTION OF PRPSIDE~: The temporary Chairman stated that the first order of business ia the election of a President of Council and ex-officio whereupon, Hr. Webber placed in no~fnatlon the name of ~obert ~. ~oody as President of Council and ex-officio ~.[ayor for a tara of two years beginning September 1, 19~h, and ending August 31, 1956. There being no further nominations, the Chair declared the nominations closed; whereupon, Yr. Robert ~. Woody was elected President of Council and ex- officio Hayer for a ter~ of two years beginning September l, 10~h, and ending August 31, 1956, by the following vote: AYF~: Council members Hanes, Pickett, Fuckett, Waldrop, Webber and Young-- ................................ 6 NAYS: None .............. O. (~r. ~oody not voting) The President of Council having been elected, the temporary Chairman turned the Chair over to the President, ~r. Woody, who ex~rassed hi~ ap~reci'ation for the honor bestowed upon him by his colleagues and uledged hi,self to ~erfor~ his duties to the best oF hie ab~llty. ELECTION 0~ VICE ~RFSIDE?~: The President stated that the next order of business is the election of a Vice President of Council; whereupon, ir. ~4aldrap placed in nomination the na~e of ~r. Lefgh B. Hanes, Jr., as Vice ?resident of Council for a term of two years begfnnin? Seutember 1, 19~h, and ending August 31, 1956. The~e being no furtheP no~Inatlone~ the ~helr declaPed the nominations closed:whereupon, Mr. Leith B. Hanes~ Jr., was elected Vice President of Council for a ter~ of two 7ears beglnnlng Septer~ber 1, 19~, ar~ endlag August 31, 1956, by the following vote: A!fF~: Council ne~bers Pickett, Yuckett, ~alurop, Web bar, Young, and the President, :.2. Woody ................... NAYS: None .............................. O. ()(r. Hanes not voting) ELECTIOh OF O?PIC~RS: CITy ATTOR)~?FY: Et appearing that the ter~ of ?ir. R~ndol~h G. %5~lttle as City Attorney expires on September 30, 19~, the President, I{r. ~oody, cqlled O. ~lllttle to si:cceed hlnsolf. years beglnnln~ Octnber 1, 19~L, by tile foll~t;ln~- vote: the Fresldent, i{r. %oody ..................... 7. NAYS: ~ione ........................... O. CITy AI~ITOR: It apFearing that the ter~ of iir. Harry R. Y'~tes ~s City Auditor expires on September 30, 19~L, the ]resident, Hr. Woody, called for ~ates to succeeu h!nself. There behl~ no Further nonlnatfons, the tresi~ient declared the no:~Inations years be~inn)n? October 1, 195~, by the following vote: a~ the President, gr. ~oody .....................7. NAYS: !Cone ............................... O. CI~f CLF~: tt appearinF that the tern of ~r. J. Rob~rt Thongs as City Clerk expires on September 30, 19~, the President, ~r. To'ody, called Per Thonas to succeed himself. beglnnin~ October 1, 195~, by the followfnE vote: P~es~dent, ~m. ~oody ......................... 6. N;JES: None ........................... O. (~. Puckett not voting) CHIEF ~!;ICIPAL JL~GE: It aDpe~rln~ that there is a vacancy of Chlef Mun~cfpal Judfe in the ~un~c$~a! Cou~t by ~ea~on of the deat)~ of Judge S~nuel R. Price for an unexpired ter~ endlnF September 3C, 195~, the President, )!~. name of Peverly T. Fitzpatrick For the unezpfred ter~ of Judce Samuel B. Price, Beglnn~ng OctoBer 1, 195~. There bein~ no further nominations, the Fresfdent declared the nollnatlons closed; whereupon, Fr. Beverly T. F1tzpatrlck was elected as Chief ~-lunfclpal Judge for the unexpired ter~ of Judge Samuel R. ~rlce, deceased, e~1ng September 30, 19~, and, also, for a full ter~ of four years beginnlnu October 1, 195~, by the follo%~ing vote: 452 AY£~ Council members Hanes, Flckett, Fuckett, Waldrop, Webber, Young~ end the ~resident~ Hr, Woody .................... NAYS= None ................................ O. The purpose of the Organization Meeting having been fulfllled~ and there being no further business, Council adjourned. AT · COUNCIL, REGUlaR k~:-~l~G, TuesSay, £epte~Sev 7, 195h. The Council of the City of Roanoke met in regular meetinF In the Csuncll Chamber in the 'l.~unlclDal 5u~ld~nF, Tuesday, SeDtember 7, 195L, at 2:C0 o'clock, p. m., the refular zeetin; houP, with the ~resident, ~r. %~oody, pr~sldin~. FRF~E~: Council ne~bers Hanes, ~ckett~ Yu~kett, Waldrop, Web%er, Young, and the F-e~dent, ~,[v. %~oo~y .................. A~SE!,~: None .......................... 0. OPFICrRS ;R~ZFI~: Mr. Arthur S. Owens. City ~n~ttle, City Attorney, i~r. H~Pry R. Yates, C~ty Aud!t~r, and Vt. J. Rob(rt Thonas, City Clerk. MIh~: Copies of the m~nute~ of the rerular me~t~ng held on ~.~ond~-, Au~-us% P3, 193L, and the or{a~l~z~t~on :~eet~nF' held on %~ednesday, Seuterf[~er 1, 19~$, h~v~n~ been furnished each ne,~beP o~ Coll~c~l~ l~[on :~ot~on of '~. '{aldroo, sec6nded by Zr. %3ebber and ad~t~d, the re~Jin~- w~ uisrensen with ~n~ the danger of having, his wat9r and lights cut off f,)r n~n-pay:-.ent an~ requected the body to take sene ~ct~on to have his cancelled welfare ~rant ~estored. and that Council has no jurisdiction in tho show%ng the installation of six PS00 lu~ien street The report was f~led. 453 454 THAF?I~ A comuunciation fro~ F~s. D. $. Elng, who operates Hilltop Orocery at ~2~6 Lyndhurst Street, E. W., requesting that the city take action to have a hedge on adJoinfn~ property which she alleges interferes with the view of motorists cut down to a height not exceeding two feet, was presented to Council. M~. Youn/~ moved to refer the matter to the Cit[ FanaFe~ and the City A~torney for consideration. The motion ~as s~conded by Mrs. Pickett and adopted. WATER DEFA~TL~-_~fF: A con~.unlc~t[on from Mr. J. O. Flunkett~ requestlnF that Council authorize the purchase from hl~ of a pu~up which he purchased and installed in the spring of 1951 forthe purpose of furnlshInr ~ater to the Oarden City School bain? completed at that tlme~ was pre=anted to the body. After receipt of a report of a co~nittee col~sI=tln~ of Eesers. Owens, Yarc= a~d 'm%lttle, reco~endin~ the purchase of }~r. ~lur~ett~ water system by the city, Couacll at its :ueettn~ of Ju~;e 59, 1953, having directed t~e preparation of an Ordina~ce, pro¢idin~ for the purchase of the ~;~er system fro~ Pr. Flunkett, but elfm!natin~ the yumu in question at a price of ~l,SOO.OC for future con- sideration, ~hlch 0rdlna~:ce was adopted by the body on July PT, 1953, ~r. Hanes :roves to refer the request to the comnlttee co~sl!:ti~F o~ the City ~ana~er, the City Auditor and the City Attouney wlth instructfonc +hat they cooler with Mr. Ylunkett and resort their reco~.nendatIo:m to Council at its meetfm~ o~ 20, 193L. The ~otton was seco~ded by !~,. ~aldro~ a::d adopted. S~LE 0= F~OPVRTY-FAR?~S A~D 7I.AYGROU~[DS: A com~unic~tfon ~rcm the Seventh- Day Adventist Church, o~'~rln~ to [~'rchase three lots o~ ~he corner of Tent?z Street anJ ~';incl~ezter Avenue, S. W., ad3acent to ~'f~sena Ya~k, rom s price of ~3,OO0.CO, for the ~ur;ose of erecting a school butlaln~ for the youth of their church, ~nd ~akil;r a further ofrer of 21,CCC.O0 for a trlanrle of lane aaJacent to the three lots, wag prcsentea to C~uncfl. The City Clerk advised Council that these three lots in question ~ere ~urchasea fro~ ~fr. J. T. Ean~s in 1952 at a c~st of-~,yco. CO, tc be added to the trian?le in ~est~on which h~c previously been donated to the city by Eanes, sale property to be used for a park/n? area for toe Wasena ~ark. Mr. S. E. Patton, ~ilaIn? Superintendent of the Church, appeared berore Councll and stated that the Church ope~-~tes a school for the youth of their con[re,etlon and that the ~chool they ars now in has been used for sixteen years and the quarters are now inadequate, that the site they have selected is peculfarlv beneffclml for the purpose in that it fc ad3acent to Wasena Park which will allow a~ple playgrounds for the children attendfn? their school and that he feels Council should consider the fact that the operation on the Church school to a c~rtaln extent li[htens the load on the public school system. Ers. ~rances H. Richardson a~rear~d and presented a petition from residents of the area, ob3ectin~ to the sale of the property in question and advising Council that if it is proposed to dispose of the said pro, arty the citizens ltvi~f in the area would like to be Flven an opportunity for purchase of same in order to protect their interezts. 1ir. Waldrop moved to refer the ~atter to the City ilannlnr Commission for study and recommendation to Council. The z~otion was seconded by ~[r. Fuckett and adopted. ZONINU: A comcunfcatlon from ~-[rs. K. ~. Cochran, Sr., reauestln~ that her property at llP~ Fatrfsx Aven,~e, N. W., [.e rezoned fro~ General Residence District to ~uslness District, ~as presented to Council. Mr. flane~ ~oved to refer the m~.tter to the City Flann~n~ Commission £or study and reco~mendatlon. The motion wa~ seconded by ~rs. ~ckett and adopted. B~-CI~ TRF;%SURrR: A request from }~. J. H. Johnson, City Treasurer, for an a~ropriat[on of ~P~SCO.OO to purchase a nult~ra~h m~hlne, ~%~Ich he stated would save the c~ty approximately (6,OOO.00 ~er year In the cost of preparing the voting list alone, w~s %afore Council. C~unc~l. meetfn~ 0f Councfl. '455 456 S~WAGE DISPOSAL: The City Manafer advl.-ed Council that it is necessary to have a petty caah fund available at the Sewage Treatment Plant In order to make ch~n~e for purchas,ms of sludEe ar~ recor=~ended that Council authorize a H~. WebbeP reeved fhat Councll concu~ ~n th~ reco~ner~at~on of khe ~fanaF~P and offered the follow~n~ en~Fency O~d~nance: (~IPPi~) AN ORSIUA]~CE ~o establish a pettI cash fund fop the Sewage Treatment Plant of ~PS.OO: mpprop~at~n~ the nece.~sary fun~ts: and provld~nF for (Po~ full text of Crdinance, see Ordlnance ~ook I~o. RO, ~aFe hy ~. '~'31droU and ~ted by the following vote: Fresldent, ]~u. Woudy ................. ~;AYS: /'~one ................... O. (~,~r,s. }ickett absent] :~r. Youn~ stated thst he believes tke ~P~ce being- chs~ged fop =lud;~ Ae~a~e ?!~, student Plant ~l~ht not ~e hi~h eh)ugh, ~tlculaPly In v~e~' o~ the cost of ;'u!nd[n~- the sludze, and Pe~uett~d that the City ~ana~'er look into the an~ m~'e such ~a3ustm~nt ~s ke dee-~s ~dvIsa%le. that he kas cc~s!d~red the cou~la~nts and sure.eltO)ns a!onr w~th othep traffic prsFosals w7 ich h~d teen Frerenteu to hl~ and that h~u office along %~ith the Su~eu!ntenaent of rolice and his =taft a~e msk~nt~ a study of the pPocosals ~n detail and that such ch~nres as arpe~P feasible will be acco~:p!fshed. I{rs. Ruth ~]. Anrle, ~:ho pre~fously appeared before Council and oef~rcd a substitute plan for ~hat n~w ~ force in t~e dswnto~rn area, ~9~n aD[eared before the body mhd requested that Co%nc~l consider her ~lan. The [~yor adv~sea l~rs. Angle that the plan cont~nz too man]~ details for stud}- ~t t~e 'aestfng of Council. ~-[r. YovnC then asked ].irs. An~-le ~f ske %~ould furnish Council me.hers a houy with a copy of hsr plan. !fr. Ueb]nnr noved to cefer action on the ~atter until the next re~lqr and the trafflc s~tuat~on downto~'n ~n reneral. The motion was s~cond~d by CITY FROFSHTY-~JATF~R DEPART~: The City Manager presented a request from Mr. Ycunf ~roved to take the matter under consideration and that the con~ttee ~tud/~nf ~ter Department office location be as;~d to consider all properties belng leased .y the city on the north a~de of Church Avenue, S. adopted. o! WATFN DEFART~'~: The City Manager presented a request fro~ the Puslneas ~.alty Corporation, through its Attorney, Mr. ~orton Honeyman, that it be permitted to enter into a temporary agreement with Mr. E. E. En£1enan to supply water for a proposed subdivision on the south side of Shenandoah Avenue, N. between Honeysuckle. Street and Miller Street, ~Ith a proviso.for.cancellation of such a~reem~nt within thirty days after the city has laid mains in Shenandoah Avenue to Honeysuckle ~trcet and to connect with the city mmlns at that The City Kanager ~dvlsed that the proFosal In renewal I$ in conflict with the ~xist!ng 5ubdivlmion Oralnance of the city ~nd that a~y e~ception thereto will require'action of Council. Hr. Honey~an appeared an.~ ~dvi~ed Councll that to extend the city hain from its present locatlon in Shenandoah Avenue to the location of the prorosed subdivision would ~. so -xpensive as to prohibit the aevelo[-=ent of the subdivision that his clients are under the l~pression that the city :;fll extend its main in Shenandoah Avenue to the net~ General Electric F19nt to the west of the c!ty and that at that tine they pro, cae to connect to the city ~ain an~ ha;e a csntract,,al agreement :;lth Er. En~le~an p~rnltt!n~ the~ to dlsconn=ci rr~ ~.!s lines on that the est[mated cost now ~opld run between ~75,¢00.CC and during the month of July, 195h, ~n compliance with Secttong 6)-67.1 and 63-67.P Fubl!e Library for the ~onths of June and J~ly, 195h; the Roanoke ~onfcinal Ai~ort Dep~rtment for the month of Au[rust, SEW~,R CONSTRUCTION: At ltm meeting of August P3, 195~, Council having referred to the City Manayer a request from Mr. G. G. Fralin, through his Attorney, Mr. T. L. Plunkett, Jr., that the city pay one-half of the cost of extending a inch outfall sewer line from lts present location in Pishburn Park approximately 457 1,900 feet to the north aide of Colonial Avenue, S. W., to serve a plot approximat thirty-nine acres in area, ~hich Er. Pralin proposee to subdivide into residential lots, requesting the City Haneger to advise of the cost, availability of funds in the 19~h Budget and the sufficiency of the capacity of the sewer line for the purpose requested, the City Manager advised that an estimmted coat of the work in its entirety would be approximately ~l~,O00.CO and that there is a balance in the Se~er Construction account of approximately ~5,000.00 available For this construction, that the l~-inch sc~er line would be ample to serve not onlythia proFarty, but other properties in the future which mi6ht elect or otherwise ¥~o ~ebber a~ked if any check is bein~ ~ade on the subdivisions where such outfall sewer linee have been extended to dete~alne whether or not the subdividers are buildin~ the number o£ houees they estimated would be built if the outfall lines ~ere coustructed, polarisF out that the city's participation in the extension of such outfall sewer lln~s might ~ell be uneconomical if only The City Iiana~er advised that rio such cheek ha~ been ~ade and further advised that he is neFotlattnF with Mr. F~alln for the donation of sufficient land to widen Colonial Avenue elonf the boundary of the proposed subdivision. Mr. Webber moved that the ~atter be taken urger consideration and placed on the spends for the meetln? of September 13, 19~. The aotlon wac seconded by i-~r. ~aldrop and adopted. TRAF?IC: Council havln~ received a petition from [iountain Dale Lodre, No. ~9, I. O. O. P., protestin? aFainst the parking regulations on Church Avenue, S. W., between First Street and Second Street, and at Its meetlnF on 1%~4, having referred to the City Manager said petition for study and report, the City Nanager reported that the Police Department ie considering ll~tln~ the ban on parking at night on certain streets which includes the 100 block of TRAFFIC: Council at its meeting of Au~-ust 23, 191~4, having received be placed on fha corner of Nontrose Avenue and }{ornlngslde Street, Tayloe Street and Eleventh Street, S. E., for the elimination of a traffic hazard at that intersection, which petition was referred to the City Manager for study and raper! the City Manafer advised that the Police Department ~Ill erect stop sifns at the Street at }!ontrose Avenue, which he believes ~!11 eliminate the traffic hazard Mr. Hanes moved to concur in the report of the City Manager. The motion TRAFFIC: A coxzunlcation from lit. M. W. Peyton, requestln~ the lnstallatto of a stop light at the corner of Tenth Street and Patterson Avenue, S. ~., for the elimination of a traffic hazard, having been received by Council at its meeting on August 23, 19~-~, and referred to the City Manager for study and report, that he believes this ~ill relieve the situation. ly .! rthesst· · '/~. Youn~ moved to concu~ in the report of the City Hamster. The motion was seconded by H~. Hanes and adopted. TRAPPIC: Council at its ~eetlng of December Ih, 1953, havlnE received a request from the Southeast Civic Lea~e that parkln6 be elt~!nated on the north side o£ Jaulson Avenue, 5. E., between Twelfth Street and Thirteenth Street, which request was referred to the City Manazer for study and recom~endation~ and the City ManaFer on AuFust 23, 19~h, havin~ pre=ented a re{orr to Council, reeom~endinC that parkin~ be ellminated on tho north side of Ja~!son Avenue, S. between T~lfth Street and Fourteenth Street~ and the ~atter at that meeting havinF been referred back to the City MansFer w2th the ~equest that he make a further survey of this ~atter with particular reference to the aerchants doinz business in that area, the City EanaFor report%d that a door-to-door ~urvey of the area in question, lneludinF a total of t~enty-two builatnEs~ sho~ed fifteen ~or the proposal, three aFalnst, one neutral, one closed store, one vacant house and one not at ho~e, and a~-ain recommended that FarktnF bo eliminated on the north side of Jan!son A~enue, S. E., between TwelFth Street and Fourteenth Street. H~. ~ebb~r roved that the report of the City ManaFer be concurred in and that the City Manurer be instructed to proceed ~ith the elt~lnatlon of parkinF on the north side of Jamison Avenue, S. E., between T~elFth Street and Fourteenth Street, under his authority ¢.ontalned in Section 79 of the City Traffic Code. The ~otton was seconded by ~lr. Younz and adopted. R~OR?S 0~ CS~C?ITT?FS: U:~I ~ ISh'F33 BUS ~NESS: STATE HIGHWAYS ~ITHIN CiTY LIMITS: Council at its ~et!n~ of October 1951, by Resolution No. ll?hl, herinF rei;ue~t,d that the City FlannlnF Commission study the Wllllamson Road from the northem~ost city limit to its intersection with OranFe Avenue, N. E., 5~d 8peNs in t:~i vlcintty thereof, and prepare ~nd sub~tt to Council, fop its consideration, its recommended m~stev plan for that portion Of the city 8s soon as practtcable, and in a co~unicatlon presented to Council, the City Flanninc Commission havlnF advised that with this and other planning proposals the Co~nission recommends to City Council that it request the VirFinia Department o£ HiFhwa~$ to renae~ whatever assistance may be necessary to make a survey and plan, Hr. Young ~o;ed to take the matter under advise~ent. The motion was seconded by Nr. Waldrop and adopt ed. CITY FRO?rRTy: Council at 1ts meetln~ oC July 1~, 195~, havlnc recelved fro~ ~;~. G. V. Eromer a request for relocation of an old industrial monument erected in 1£93 from its present location on Church Avenue and Fourth Street, S. to the Church Avenue plaza in front of the United States ¥ost Office, and ~aving referred the matter to the City PlannfnC Co~Ission for study and recQ~nendation, the City PlannfnK Co~lasion recomzended that the industrial monument be left a~ its p~esent location as a landmark since the Co.~mtssion is Of the opinion that ~ s siFniflcance would be destroyed if it is relocated. M~. Waldrop moved to concur in the recommendation of the City PlennlnE Co=~tssion and to consider the approprlation of necessary funds to brinF up to date the inscriptions on the zonument and improve the surroundinEs thereof in the 1955 budFet stud~. The motion was seconded b~ ~r. Hanes and adopted. STRE~ET CLOSING: Messrs. Elbert H. Waldron and W. A. Infra~ havlnF presented a request to City Council at 1ts meetlnF o£ AuFust ~3, 195~, for the clostnU and 459 460 abandonment thereof for street purposes of Pemmyd Avenue and a portion of £eonard Street, N. E., lying between Oakland ~oulevard and the east boundary line of the Hurst estate, which matter was referred to the City Planning Commission for study and reco_?~mendation~ the'City Plann[ng Co~ission recommended that the request of the petitioners that Pe~yd Avenue and a portion of Leonard Street, N. E., be closed and abandoned be granted. Fm. Webber Gored to concur in the report of the City Planning Co%mts~ on and that a public hearing on the ..~ntter be held in the City Council Chambe~ at 2:00 o'clock, p. m., October 4, 19~4. The motion was seconded by Mr. Waldrop and adopted. DEPI2E~IE!~ O? PUBLIC WORKS: The City Manager having presented to Council at its meetln~ of tu~ust 23, 19~4, a tabulation of bids received for the purchase of one motor pickup sweeper, and Council ha;lng referred such bids to ~ colaittee conslstin~ of Messrs. Owens, Wentworth and Bro~les for reco~nendatlon as to which sweeper should be purchased in the best interest of the city, the committee in urttten report rcco~zendsd acceptance Of the low bid of SharPer Fqulnment and Sue~ly Coanany for one Wayne sweeper at a net cost of %7,6~6.9~, f.o.b., Roanoke, Mr. Cory 7. llall of Cory Hall Machinery Compsny, Incorno~ated, and that it be placed on the a8enda for the ~:eeting of September 13, 19~4. The CONSID~A?iON 0P CLAI~: (#1~211) IN 0RDIi~I;CE granttn~ a temporary perrtlt to Roanoke Grocers, Incorporated, to install two (?} loading platforas on the east side of the ~mre- house located at 1131 Fourth Street, S. E., Roanoke, ~ir~lnia, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. PO, Page 246.) President, }~. Woody .................. NAYS: None .................... O. (}~rs. Pickett absent) TRAPPIC: Council ha~ing at its meetin~ of August 23, 195~, deferred action illegally or improperly parked vehicles fro~ the public streets of the city to, and impound the= in, places of storage approved by the City Manager, Mr. Webber offered t he following as an eaer~ency aeasure: (~IP~I~) AN ORDINANCE authorizing police officers to remove illegally or improperly parked vehicles from the public streets of the City to, and impound the~ lnj places of stora£e approved by the City HanaFer~ establishln~ e charge for the removal and storaFe of such l=pounded vehicles end l~posing a lien thereon for such char£e; providing a method ~ereby the owner of such vehicle may regain ~ossession thereofl and providin~ for an emerFencyo (For full text of Ordinance~ see Ordinance Book No. ~0~ Pare ~?.) H~. ~ebber moved the sdoptlon of the Ordinance. The motion ~a~ ~eco~ed by My. You~ and adopted by the ~ollowln& vote: AYF~: Council me~bers Hanes, ~uckett, ~ald~op, %febb-v, YcunF, ~nd the President, F~. ~oody .................. NAYS: None .................... O. (M~s. ~fcl:ett absent) 5T~ YIDFiiIIiG: The City Attorney havl~ been Instructed to prepare the p~opeP O~dinance, provldinC for the acquisition of necessary land to widen Eleventh Street, N. W., at Palvfax Avenue, presented sa~; ~eveuuon, ~. Hanes offered the followlnF as an emerFency (~1PP16) AN 0~INANCE authovizlnz the acquisition of real e~tate situated on the southwest corne~ of Paivfax Avenue and Eleventh Street, N. to be used imne=tately fop street ~idenlnF ~urposcs; and pvovldtn7 for an enerFenc] (Po~ full text of Ordinance, see Ordinance Book No. ~0s Pare llr. Hanes morea the adoption of the O~dinancc. The motion ~as seco~ed by ~v. Waldrop and adopted by the followinr vote: AYES: Council ~embers Hanes, [uckett, Waldrop, %.'~bbev, Younz, a~ the tresldent, My. ,~oody .................... NAYS: None ...................... 0. (I.~=. ~ickett absent) E~0LL~ION O~ SY~'FAT~: I~r. ~ebbe~ bvouFht to the attention of Councll and offered the follo~inF Hesolutton as a memorial to the Honorable Samuel Heuben Price, deceased: (~iPPi?) A~SOLt~IONoffered as a memorial to the Honorable Samuel ~eubeE PPice, deceased. (For full text of Ee~olution~ see 0vdinance Book No. 20, PaTe ~. Webber moved tile adoption of the Eesolution. The motion was seconded by 1~. ~aldrop and adopted by the following A~S: Council members Hanes, ~uckett, !4aldrop, Webbe~, Younz, and the ir~ldent, li~. Woody ................... NAYS: None ..................... O. (Mr=. Pickett absent) BUDG~-CONiFN"~ALTif ATTOR[~': I[r. C. E. 6uddy, Co~:onwealth Attorney, apoea~ed befo~e Council and ~equestea that an a~[ro~fatlon of ~CO.O0, representi~ the city's one-half of ~800.00, be ~ude to his office fo~ extra help at the rate of $2C0.60 per month during the balance or the year, stating that the pressure ~ork In his office and loss of his Assistant, Mr. Beverly T. Fitzpatrick, who h~ recently been elected Chief Nunicipal Jud['e, makes the request necessary. ~. Wald~o[ mo~ed that Council concur fn the ~equest and offered the lo~ln~ emergency Ordinance: (~12218) AN ORDINANCE to amend and ~eo~dain Section ~g&, 'Commonwealth's ~ttorney", of the 19~4 Appropriation Ordinance, a~ provldin~ for an emergency. (Pot full text of Ordinance, see O~dinance Rock No. PO, Page P~O.) 461 462 Hr, ~aldrop ~oved the adoptlon of the Ordinance. The ~otion ~n$ seconded by gr, Hanes and adopted by the follo~lng~ vote= AY£5~ Councll members Hanes, Fuckett, ~aldrop, ~ebber, Yaung, and the President, ~r. ~oody ................ . ..... NAYS~ leone ........................ O. (~rso Pickett absent) 51~ZINO FU~ COi~ISSION: The Kayos advised that t~o vacancies exist on the Sinking Fun~ Co~uission by reason of the death of Er. R. B, Gunn and the expiration of the ter~ of Er. Elmore D. ieins and that two members shauld be elected for a ter~ of three yes.us ending August 31, 1957, to fill such vacancies{ ~hereupon, )~. ~ebber placed in nomination the nmme of Robert ~[ Ad~s to fill the recency created by the death of ~. R. B. Gunno Er. Young placed in na~fnatlon the na=e of El~ore D. Heine to succeed hi~eel£. Er. Hanes moved that the no~in~tlons be closed. The motion ~as seconded by Hr. Puckett and ad:,pted; t~h~reupon, !.ir. Robert B. Ada=s and Er. £1~ore Do Heine ~ere elected SinklnF Fund Comalssloner~ for a p~rioa of three years ending AuFcst Il, 19~7, by the follo~Inc vote: AYYS: Council ~e~Bers Hanes, luckett, ~faldrop, ~ebber, Young, smd the President, ~ir. Yoody ......................... HAYS: None ........................... O. (I{rs. Pickett absent) ~ATER D~I/~T:.~-NT-S~/~S: Council bavlnC previously considered the appoint- ment of a co~uittee to study the Rules arid Regulations o£ the Water Department and such an item haying been {laced on the agenda for this meeting, :ir. Webbem asked that the study of the co..nitres be extended to cover the costs and the allocation of costs for the extension! of sewer lines: ~,hareuuon, ~?r. Young introduced the following Re~olutfon: {}17~19) A RESOLUTION providing for ~he appointzent of a co~mittee to make ~ study of the Rules and RsKulations oC the ¥[ater Department and of the allocation of costs and the extension of sewer lines and to repemt its findings and ~co~mendatfons to City Council. (For full text of Resolution, see Ordinance ~ook No. ?0, Fare ~1.) ~. Young moved the adoption of the Resolution. The motion wa~ seconded by Mr. Hanes an~ adopted by the following vote: ;.YES: Council members Hanes, Yuckett, Wal~rop, ~ebbe~, Young, and the ?~esident, l~r. Woody ................... 6. NAYS: None ..................... O. (Mrs. Pickett absent) BUDGET-5~NICiPAL COURT: ;~. Hanes stated that he feels that tn view of the experience and seniority of Judge Robert L. [uarles of the ~niclual Court the salaries of the Chief Y~nicfpal Judge and the >funtcipal Judge should be equalfzed. Mr. ?febber pointed out that under the Cha,'ter the Chief ~unict~al Judge has certain responsibilities that do not evolve upon the other f,~untcipal Juace and that he does not feel that the salaries should be equal, but rather that the Chief }[uniclpal Judge, like any other cepartment head, should have a hi,her salary than the next person in llne. The Mayor then stated that his feelings are the sm~e as those expressed by Mr. Webber. lz.r. Hanes moved that the following Ordinance be placed upon its first readinf. The motion was seconded by }~. Yaldrop and adopted by the following vote AYI~S: Council members Hanes, Fuckett, Waldrop and YounF ............ NAYS: Mr. Webber, and the President, Mr. Woody ..................... (Mrs. ~lckett absent) (~l???O) AN ORDINAliCE to amend and reordmin Section #22, SMunicipal Court of the 19~ Appropriation Ordinance. BE IT ORDA!KED by the Council of the City of Roanoke that Section #24, "Eunicipal Court", of the 19~4 Appropriation 0rdin~nce, be, ~n~ the s~e i~ here- by a~ended and reo~alned to read am follows, in Smlary, Judge ................................... $ 7,CCO.OO S?iKRS: NP. J. L. Garnana, 1366 Thompson Road, ~. E., a[,pea~ed befoFe The C~ty NanaF~ stateu that the pro~e~ti of ~lr. 6~rnand ~s bolow the sewer ~P]de and tha~ ~t ~u ~oss~ble to secure a se~or ccn~ect~on unless ~r. ~r. G~rnand sta~ed that he ~s unw~lllnF to do th~s. writing, his specific request to ~he C~t~ ~an~zer wh~ In turn c~n m~ke such and adopted. ~AT~R D~PL~T~?~,T: A ~roup of c~tlzens in the Garden Cit: area, ~sid~nF Nm. J. C. Jones stated that the City Man~fer had met with the citizens of that area and advised them thqt they would have to [)ut u~ their pro Data share of the cost of the water extensions In acuo~dance ~[%h the present Rules and ReEulations of the W=ter Department, the i~lvldual cost of which runs In the nel~hborhood of ~lO0.OO if all connect, but might run as ~ ifh as ~,GC0.C0 I~m. J. F. %,~orley appeared and s~ated thkt the cost to the ~nd[vldual on hls street If all the residents connect will be approximately ~200.00 each. After some d[scuszion, the Mayor advised the ~rouD that they ~il! have to cozply with the Rules and Reuulgt~ons of the W~teP Department ~n order to There be~nK no further bus[ness, Council adjourned. APPROVED _ _ Fresfden~_ 464 COI~CIL: REGULAR ~TING, Honday,Septeaber 13, 1951. The Council of the City of Roanoke met in regular meeting in the Counc'll CImmber in the ~unicipal Buildin[, Monday, SeptemBer 13, 1954, at 2:00 o'clock, p. the regular meeting hour, vith the President, Hr. Woody, presiding° PRESENT~ Council members Hanes, Pickett, Puckett, ~aldrop, ~ebber, Young, and the President, Mr. Woody ................ 7. ABSENT, None ........................ O. OFFICERS PRESENT~ Mr. Arthur S. Owens, City Manager, Mr. Randolph G. %~lttl City Attorney, Mr. ;Iarry R. Yates, City Auditor, and Mr. J. Robert Tho..nas, City Clef · The meeting was opened with a prayer by the Reverend J. L. Coppock, Paster of the Vest End Presbyterian Church. HEA~IKG OF CITIZENS UPON PL~LIC MATTERS: S~',~.R CONSTRUCTION, The City Manager having advertised for sealed proposals to be received in the office of the City Clerk until 2:00 o'clock, p. m., Monday, September 13, 1954, for public opening and reading before the City Council at that I area, I.~yor ¥!oody asked if all persons desiring to bid had been afforded the opportuiity · and if there was any ob~ectlon to the opening of the blds at this time. Receiving no reply~ the Mayor directed the City Clerk to open the bids. The following bids for the work were opened and publicly read: M. S. Hud in the total amount of $8,224.05, with a certified check bidder's bond in the amount of $590.00; Draper Construction Company, in the total amount o£ $13,290.75, with a certified check bidder's bond of $700.&D; and Pioneer Construction Company, Incorpor ed, in the total amount of $29,773.00, with a Glens Falls Insurance Company bidder's of $500.0:9. Mr. Young moved to refer the bids to Mr. Arthur S. Owens, City l~nager, Mr. Harry R. Yates, City Auditor, and }ir. R. Cletus Broyles, City Engineer, for tabulatl~ · and report to Council. The m~tion was seconded by Mr. ~ebber and adopted. ~ PETITIONS AND COmmUNICATIONS: STADI~-}~HER FIELD: A co~.-mnication fro~ The Roanoke Fair, Incorporated, requesting a contract for rental o£ I!aher Field for the purpose of holding its Annua Fair the week of August 29-September 3, 19~.5, which dates have been cleared with the Recreation Department, and asking that such contract provide for the use of the under both the east and west stands and such land as may be available, pointing out that the National Guard Armory presents problems which will adversely affect the ~ o£ the grounds by the Roanoke Fair, Incorporated~ and requesting that the rental be reduced from $1,500.00 to $1,200.00, with no change in ~he eight per cent gross receipts with a $25.00 per day minimum for the use of the Stadium, was before Counci Mr. Webber stated that the matter of rental for the Fair is covered in the established rates and that in his opinion the matter should be handled administrati After some discussion, Mr. ~ebber moved to refer the co~munlcation to the Advisory Committee with the request that they study it and advise City I Stadium Council whether in their opinion the rates presently in effect contain any inequity in view of the matters brought out in the communication from Tne Roanoke Fair~ Incorporated, and advise whether or not in their view the rates should be altered. The motion was seconded by Mr. Waldrop and adopted. STREET CLOSINGs The City Clerk presented a petition from Miller Container Corporation and the Norfolk and Western Railvay Company, through their Attorney, Mr. Richard T, Edwards, requesting that Ontario Street, N. E., lying vholly on the land of the Hiller Container Corporation, bounded on the vest by the right-of-way of the Norfolk and Western Rallvay Company, on the' south by the land of Ho N. Day and on the north by the land of H. E. Hall, being thirty feet in vldth and approximately 784.12 feet in length, and lying vlthln the City of Roanoke, be permanently vacated~ discontinued and closed, along vlth an affidavit from the City Sergeant, stating th~ the notice of the petitioners of the request to Council for the closing of said street was posted on September 6, 1954, at the front door of the Eunleipal Building, at the front door of the City Market Building and on the premises on Hollins Road, N. E., as required by law. Mr. Waldrop moved to refer the co~.-u~unication to the City Planning Commission for study and reco~mendation to Council and to set a public hearing on the matter fo 2sO0 o'clock, p. m., October 11, 1954, in the Council Chamber of the City of Roanoke The motion u~s seconded by ~r. Webber and adopted. Mr. Waldrop then introduced the following Resolution~ providing for the appointment of viewers: (~12221) A RESOLUTION provldin~ for the appointment of five freeholders, any three of whom might act, as viewers in connection with the petition of the Miller Container Corporation and the Norfolk and Western Railway Company to vacate~ dis- continue and close Ontario Street, N. Container Corporation, bounded on the Western Railway Company, on the south E., lying wholly on the land of the Miller west by the right-of-way of the Norfolk and by the land of H. N. Day and on the north by the land of H. E. Ilall, being SO feet in width and approximately 784.12 feet in lengthy all within the City of Roanoke, Virginia. (For full text o£ Resolution, see Ordinance Book No. 20, Page 251.) Mr. %!aldrop moved the adoption of the Resolution. The motion was seconded Mr. Webber and adopted by the following vote: AYES: Council members Hanes, Pickett~ Puckett~ Waldrop, Webber~ Young, and the President~ Mr. Woody ............. 7. NAYS: None .................. O. REPORTS OF OFFICERS: DELINQLrENT TAXES: The City Manager presented a list of real estate on which taxes are delinquent and on which the Statute Of Limitations is about to run and recommended that the City Attorney be instructed to proceed under law to collect such taxes or subject the property to sale under the tax llen, advising further that there are seven pieces of property on the list and that the owners thereof would be given every opportunity to redeem the property prior to a sale thereof. Mr. Young moved to concur in the recommendation of the City Manager and to refer the list to the City Attorney with instructions to take necessary action to accomplish the City ~anager's recommendation. The motion was seconded by Mr. Pucker and adopted. STREET NAM~S: Council at its meeting of September ?, 1954, having received a recommendation from the City Planning Co~isslon that the name of Old Dom/nion Avenue, N E.~ be changed to elther Mullah Avenue or Kyle Avenue, and having referre such recommendation to the City ~nager for his consideration and recommendation to the City Council, the Clty }{anager advised that thls street provides the entrance 465 466 to the property ~f the Hiller Container Corporation and reco.~ended t~at it be rmmed Kyle Avenue. Mr. Webber moved that the following Ordinance be placed upon its first readi ~qe motion vas seconded by Hr. Young and adopted by the folloving vote: AYESz Council members }~nes~ Pickett~ Puckett~ %!aldrop~ %~ebber~ Young~ and the President~ Hr. ~oody ........ 7. NAYSz None .............. O. (~l~RRR) AN 9RDINANCE directing the change of name of Old Dominion Avenue~ ~. E.~ running one block east and one block west of Holltns Road~ to the name of ~venue~ N. E.$ 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 now and hereafter erected shall conform accordingly. BE IT ORD.%IbrD by the Council of the City of Roanoke that Old Dominion Avenu N. E., running one block east and one block west of Hollins Road, as now designated on plats filed in the office of the City Engineer and by street signs~ te hereafter designated by the name of Kyle Avenue~ N. E. BE iT FUR~{ER ORDAI~q~D that the City Enzlneer be, and he is hereby directed to designate the new name of the said street herein provided for on present and future plats filed in his office~ and that street signs now and hereafter erected conform accordingly. The Ordinance havinE b~en read~ was laid over. %~ATER-S~.~ES-STREET PAVING: The City Manager presented a request that he be authorized to construct a sanitary sewer and a ~ater main in Kyle Avenue~ N. E.~ from Hollins Road to the property of the M~ller Container Corporation~ and to pave said street at an approximate cost of ~r. 7feb5er moved to take the matter under consideration until the next regular meetfng of Council. The motion was seconded by Mr. Hanes and adopted. REPORTS OF C0~.~.IITTEESI ~one. I~WINISb~D ~USI~ESS: %~TER DEPAR~.~NT: A request of the City Manager for authority to install a water meter and connection in Manning Road~ Opposite a private road servinf the property of Mr. F. M. Aldridge, which connection will require action of Council since no provision therefor is contained in the present Rules and Regulations of th~ %~ater Department, having been laid over from the meeting of September % 19.54, ~as again taken up. Mr. ~ldrop moved to lay the matter over until the next regular meeting of Iouncil. The motion was seconded by Mr. Hanes and adopted. T~AFFIC: The traffic proposal submitted by ~ms. Ruth M. Angle to Council at [ts meeting of September 7, 1954, and laid over until the present meeting of the bod ~as again taken up. After ccnsfderable discussion of the rmtter~ the Mayor informed Mrs. Angle that it is the consensus of opinion among the members of Council that the matter is too technical to be handled at a meeting of Council since none of the members are traffic e×perts~ but rather the city maintains a Traffic Division under the City 14anager whose Job it is to study traffic conditions and propose proper plans in 1 SE%,~ CONS~RUCTION~ A request of Mr. S. O. Fralin, through his Attorney, Mr. T. L. Plunkett, Jr., that the city construct and pay one-half of the cost of a 12- inch outfall sewer line from its present location in Flshburn Park approximately 1,900 feet to the north side of Colonial Avenue, S. ~.~ to serve a plot of land approximately thirty-nine acres in area which Mr. Fralin proposes to subdivide into residential lots, having previously been before Council, on which the City Manager reported that the estimated cost of the work is $14,000.00, that the l~-lnch line is ample to serve the property and that sufficient funds are available in the 1954 Budget for the construction~ and the matter having keen laid over from the meeting of September ?, 1954, was again taken up. Mr. Webber moved to refer the matter to the City Attorney for preparation of the necessary Ordinance to carry out the request of Mr. Fralin with the proviso that the effective date of the Ordinance shall be the date on which the subdivision plans of Hr. Fralin are filed and approved. I~e motion was seconded by Mr. }~sldrop and iadopted. DEPAR~NT OF PI~LIC ~PJ~: Blds F~vlng previously ~een received for the purchase of one motor pickup sweeper, tabulation of which ~s presented to Council fat its meeting of August ~3, 19&~, and referred to the City Manager, the Director of Public Works and the City Engineer for recom~endation, and the cormittee having recommended that the bid of Shaffer Equipment and Supply Company, the low bid, he accepted and their sweeper purchased for the sum of $7~G4G.~ net, FOB, Roanoke~ Vlrginla~ and the matter having been]aid over from the meeting of September 7, 19f~, was again taken up. In this connection, the City Clerk read a letter from Shaffer Equipment and Supply Company~ advising that their representatives would be present at the meeting, that they had complied completely with the city specifications In bidding on the equipment and that their company had sold more street sweepers last year than all other street sweeper manufacturers oombined~ advising further that the To%m of %~theville and the City of Radford~ both in Virginia, had operated %%yne sweepers for several years and been extremely pleased with the performance thereof, and that in the near future the company's plant at Newark, N. J., would he manufacturing parts, and assembling machines and would have available all parts necessary for the maintenance of the said sweeper. The City Clerk also read a letter from Cary Uall Machinery Company, Incorporated, in which the company advised that it feels City Council and its officials are well qualified to make the decision tn the best interest of the city as to which sweeper will be purchased and that it has ne further suggestions or advice to offer in the matter. ~. %~bher moved to concur in the reoorraendation of the committee and offered the following Resolution: (#1222S) A RESOLUTION accepting the proposal of Shaffer Equipment and Supply Company, Ricknond, Vlrginia~ for fUrnishing the City of Roanoke one motor pickup sweeper, with cab~ in the amount of $7,803.00, FOB~ Roanoke, Virginia, ~% 10 days; authorizing and directing the Purchasing Agent to purchase the street sweeper in accordance with said proposal; and providing for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 252.) Mr. Webber moved the adoption of the Resolution. The motion was seconded by Mr. Young and adopted by the following vote: 467 468 AYESt Council members Hanes, Pickett, Puckett, W~drop, Web,er, Young, and the President, Mr. Woody ............. 7. NAYS~ None ................... 0,' NEFUh~S AND REBAT~S-LICENSES~ A request from Mr. C. Muncie Walker for a refund of a portion of the 1954 license tax paid to the City of Roanoke for the operation of a restaurant at 122 Salem Avenue~ S. E., which location was subsequentl ~urchased by the city as a portion of the right-of-way for the Jefferson Street Grad ~rossing Elimination Viaduct and Project, having been presented to Council at its meeting of July 12~ 1954~ and referred to the City Attorney for an opinion~ the City Attorney~ in a vrltten opinion, advised Council that Mr, Walker is not legally entitled to a refund, that there are provisions under the law for the correction of the erroneous assessment of any taxes, which provisions provide simple and efficient procedures whereby a taxpayer or licensee mmy in a proper case obtain a ~efund in local courts. Mr. Young moved to concur in the opinion of the City Attorney and deny the request of ~w. %:alker and that the City Clerk be Instructed to furnish a copy of the City Attorney's opinion to Fr. Walker. The motion was seconded by Mr. Waldrop and adopted. CONSIDERATION OF CLAIMS: None. INTRODI~TION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: CLA!MS-%~TER DEP~R~EN?: Council having previously received and considered requests from Mr. %~rren T. Wingfield and Mr. Carl V. Smith for reimbursement of damages to their property in the respective suns of $55.00 and $260.1~ caused by the breakage of a water main on July 1, 1954, in front of the residence at 2627 Orandview Avenue, N. V., and having referred the matter to the City Attorney for preparation of the necessary Resolution, authorizing the payment for such damages, he presented same; whereupon, }~. Waldrop offered the following: (#12224) A RESOLUTION authorizing and directing the payment of certain claim for damage resulting from a broken water main on Grandvlew Avenue, N. W., July 1, 1954; and provldlng for an emergency. (For full text of Resolution, see Ordinance Book No. 20, Page 25~.) Mr. %~ldrop moved the adoption of the Resolution. The motion was seconded bl Mr. Puckett and adopted by the following vote: AYES: Council members Hanes, Pickett, PUckett, %faldrop, Webber, Young, and the President, Mr. Moody ............ 7. NAYS: No~e .................. O. MOTIONS AND MISCELLANEOUS BUSINESS: DEPAR~.~NT OF PD~LIC ¥~RKS: Mr. Theordore Shaffer, Jr., of Shaffer Equipment and Supply Company, appeared before Council and expressed hist hanks for the courtesy ~nd consideration received at their hands. LEAGUE OF VIRGINIA P~ICIPALITIER: Mrs. Pickett called attention of the Coun to the opening of the convention of the League of Virginia Municipalities at Hotel Roanoke on Monday, September 20, 1954, and asked that Council consider not meeting o that date or making the meeting as brief as possible in order that members of Counct and the officials of the city might be able to participate in the meetings of the convention as much as possible. '4'69 Hr. ¥~bber stated that there is a hearing set for that date and Council will )f necessity have to meet, but that the meeting can be held to matters of whereupon: the Mayor requested that the City Manager and City Clerk place on the agenda only those matters which cannot be delayed until the following meeting. S%~tEET IMPROVEMENTS~ Hr. ¥~ldrop presented a petition from residents on Bro~nlee Avenue, S. E.~ requesting that the said street be paved~ and moved that the matter be referred to the City }Mnager for consideration and report to Council. The motion was seconded by Mr. ltanes and adopted. WATER DEPAR~/ENT~ Mr. %~ldrop states that he has bmd several complaints citizens concerning the taste of water received by citizens through the water system Mr. Young stated that there is an article in the afternoon newspaper explaining the matter and read to Council from the newspaper said article, which stated that the taste in bhe ~ter is caused by a tnrnover in the ~ter at Carvlns Cove bronght cn by the sudden drop in temperature. BUDGET-HEALTH DEPAR~NT~ The City Manager presented a request from the Commissioner of Health for an appropriation of $1,600.00 for wages in the Fly, Mosquito and Rodent Control accomnt of the 1954 Budget, advising that there are insufficient funds to meet the current payroll. In answer to a question by Mr. Young, the City ~nager advised that approximately $250.00 will be needed to meet the current payroll and that if Council will appropr] ~te such an amount he will later present to the body a request for transfer of funds to meet that needed for the balance of the year; ~ereupon, Mr. Young offered the following emergency Ordinance: (f12225) AN ORDINANCE to amend and reordain Section ~98, "Fly, Mosquito and Rodent Control"~ of the 1954 Appropriation Ordinance, and providing for an (For full text of Ordinance, see Ordinance Book No. 20, Page 254.) I~. Young moved the adoption of the Ordinance. The motion ~s seconded by .Mr. Hanes and adopted by the following vote: AYES: Council members Manes, Pickett, Buckett~ "~ldrop, Vebber~ Young~ and the President~ Hr. Woody ............ 7. NAYS: None .................. O. QUALIFICATION OF OFFICIALS: The City Clerk reported that the following )eraons have qualified for office as required by law: Mrs. George A. Lay~an~ Mrs. ~rton W. Morris and Rabbi Morris W. Graff, members of the Roanoke Public Library Board; ~tr. S. M. Hudson, member of the Board of Trustees cf the E~ployees' System; ~. J. Barclay Andrews, Mr. John M. Thornton, Jr., and Dr. L. C. members of the Roanoke City School Board; ~. Marceau ~terry and Mr. Jacob L. Reid, Commissioners of the City of Roanoke Redevelopment and Housing Authority; Mr. Robert B. Adams and Mr. Elmore D. Heins~ members of the Sinking Fund Co~misslon; Mr. Randolph G. %~ittle, Cdty Attorney; Mr. Marry R. Yates, City Auditor; Mr. J. Robert Thomas, City Clerk; and Judge K. A. Pate, Juvenile and Domestic Relations Justice. There being no further husfness, Council adjourned. 47O COUNCIL, REGULAR MEE~PINO, Monday, September ~0. The Council of the City of Roanoke met in regular r~etinE in the Council Chamber in the Municipal Building, Monday, September 20, 195~, at 2:00 o'clock, p. m., the regular meetinl~ hour, with tho President, Mr. Woody, presiding° PRESENT: Council members Hanes, Pickett, Puckett, Waldrop, Webber, Youngw and the President, Mr. Woody ................... 7. ABSENT: None ........................... O. OFFICEHS PRESENT: Mr. Arthur S. Owens, City Manager, Mr. Randolph 6. Whittle, City Attorney, Mr. W. P. Orlggs, Assistant City Auditor, and Mr. J. Robert Thomas, City Clerk. The meeting was opened with a prayer by the Reverend J. L. Ayres, Aesociate Pastor of the Belmont Methodist Church. MINUTES= Copies of the minutes of the regular meetings held on September ?, 19~4, and September 13, 195~, having been Furnished each member o£ Council, upon motion of Mr. Waldrop, seconded by Mrs. Pickett and adopted, the reading was dispensed with and the minutes approved as recorded. HEA~ING O~ CI?I~ENS UPON PUBLIC FATTERS: STR~'FT CLOSINg: Notice of a public hearing on the question of permanently vacating, discontinuing and closing Oak Road (Woods Holl) between Ovation Street and the west corporate licit of the City of Roanoke, according to the Map of Greenland Hills, having been published in The Roanoke World-News, setting the time of the hearing at 2:00 o'clock, p. m., Monday, September 20, 19574, the matter was before Council. NO one appearing in opposition to the closing of the street, and no co~munications on the subject having been received, Mr. Webber moved that Council concur in the recommendation of the City Planning Co~mission that the street in question be closed and that the following Ordinance be placed upon its first reading. The motion was seconded by Mr. Hanes end adopted by the following vote: AYES: Council members Hanes, Pickett, Puckett, Waldrop, Webber, Young, and the President, Mr. Woody ..................... 7. NAYS: None ............................... O. (~12226) AN ORDINANCE vacating, discontinuing and closing that certain ~O foot street in the southwest section of Roanoke, Virginia, lying immediately north of what is shown as Block 11, Block 12 and Reserve, according to the Map of Greenland Hills, which is of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, Page 153; k~EREAS, Rosalind Homes, Incorporated, and King Daywalt, Alberta Thorne Daywalt and Jeanette 8. Thorne have presented to the Council a written instrument dated June 15, 195;4, and executed by the said Rosalind Homes, Incorporated, as party of the flrst part, and King Daywalt, Alberta Thorne Daywalt and Jeanette G. Thorne, as parties of the second part. In accordance with the provision of Section 15-766.1 and Section 15-766.2 of the 1950 Code of Virginia, as amended, which instrument sets forth the fact that the parties thereto are the sole abuttiz property owners to the portion of sa~d street immediately north of Block 11, Block 1P and Reserve, Greenland Hills, and tJ~RF~5~ if there ever was a dedication of said ntreet in Block Block 17 a~d Rsssrvo~ Orsenla~d Hills, dedication of the same has never been nccapted by the City of Roanoke~ ae sa~d street has ~t been o~e~ed~ ~raded used~ a~ ~ER~3~ no use has been made o~ the sa~d street by the C~ty oF Roanoke and the enid Rosalind Ho~a~ Incorporated, ~l~ Day~alt~ Alberta ~orne Da~alt a~ 3annette G, ~orne are the o~ly parties ~o a~ a~ could be interested In the vacation off enid atreet~ there being ~o othe~ pro~erty o~ers In the vicinity ~hose ~ts o~ prlvlleEea ~[11 be abridged by the vacatlon of sa~d ~treet, as aho~n on ~ald ~p~ a~ ~, no lncon~enience to the ~ublic ~ould result from ~ermanently vacatin~ discontinuin~ and closin~ ~ald street, a~ ~ the request of the abuttin~ property o~r~ For the clo~ln~ oF said street has been considered ~ approved by the City of Hoanoke, Pl~nin~ Coalition, a~ ~ u~e~ ~e provisions of ~ec~ton 15-7~6.1 a~ 15-7~6.~ of the Code of iirtinia of 1950~ as ~e~e~ ~aid street ~ay be pe~anently vacated~ dlscontl~ed lnd clo~eds should l~ have ever legally exl~ted~ by the filini reco~d of ~aid ~vitte~ a~ee~ent~ p~ovided It ha~ been approved by the 6o~e~nln~ ~ody of the Cltl In ~h!ch said stv~e~ to b~ vacated Is located~ a~ ~EAS~ l~ further appears to Council that all of the o~nev~ of the lands abutti~ on ~aid ~tree~ ~ho alfht have any rlihti o~ p~Ivllefe~ therein have requested that the ~a~e be vacated and at public heavi~ held thl~ day~ puv~uan~ [to notice duly fiven of the s~e~ no objections to the vacatlnt of ~sid street [havinE been ~aised by any Tt~0!~ b~ It o~dslned by the Council fo~ the Cl~y of Hoanoke tha~ the Council offlcialy e~re~ lt~ a~proval of the vaca~in~ disconttnui~ and closin~ of that certain ~0 foo~ ~treet in the ~outhves~ ioction of th~ Clt~ of Hoanoke~ lirtinia~ l~lni l=ediately no~th of Bloc~ 11~ Block 1~ a~ acco~din~ to the Hap of Greenland Hills~ ~hich Is o~ ~co~ In the Clerk~ Office of the Ct:cul~ Cou:t oi Hoanoke County~ ~l~lnia~ In Plat ~ook 2~ Pa~e 153~ and that all ~ltht~ title a~ lntere~ of the Cl~y of Hoanoke and the public~ If any~ In and ~o ~atd ~reet described herein be released tn~ofa~ as the Council is ea~c~e~ed ~o to do. Be It ~the~ ordained that th~ Clt~fineer be~ a~ he Is hereby directed to ma~k ~pe~anently vacated~ discontinued and clo~ed~ that said ~0 foot ~reet on all asps a~ plan~ on file In the O~fice of the Cl~y En~lnee~ of the City of Hoanoke a~d on ~hich ~aid map~ a~ plans ~aid st~ee~ l~ aho~n~ ~efer~ln~ ~o the beok and pa6e of te~oluttons and Ovdlnances of the Council of the ~l~y of ~o~oke ~her~ln thl~ ordinance lhlll be sp~ead~ and ~efe~lnt to the de~d ~ok and paFe In the Cle~k*s O~rice or the Hu~tin~s Co.et of the City o~ Hoanoke~ lirtlnia~ vhe~eln the ~sid ~itten a~ree~ent~ ~l~ned by the abuttl~ property o~ners~ here- Inabove more partlcula~ly referred to~ Is filed fo~ ~eco~d. B~ it furt~ ordained that the Clerk of this Council deliver to the Clerk of the Hu~tint~ Cour~ of the Cl~y of Eoanoke a copy of thl~ o~dinance in o~de~ tha~ said Clerk ~ay ~ake p~ope~ no~ation on all plats ov ~aps~ if any~ recorded in his offlc~ u~on vhlch Is sho~n ~aid at~eet~ and that fu~the~ th~ Cl~rk 47'1 47'2 of this Council deliver to the said abuttinz property o~nera or their attorneys a certified copy of this Ordinance, and that a certified copy of this Ordinance be attached to the said written aFreement signed by said abutting property owners and filed for record in the Clerkla Office of the Hustings Court of the City Roanoke, all such recordin~ and other costs to be borne by the said abuttir~, propsrt The Ordinance having been read, wae laid over. PETITIONS A.'~D CO.~UNICATIOHS: ~ATl~ DEPARTHENT: A communication from residents on Brooks Avenue, S. advising that they do not Feel they should be called upon to bear any part of the cost oF extendir~ city water service to their properties except for connections to the msins, was before Council. N~. Young moved that the co~unication be filed. The motion was seconded b~ H~. Hanes and adopted. PIRE FROTECTION-$OUTHEAST CIVIC LEAGUE.: The Southeast Civic Lee~e havin~ previously requested that additional fire hydrants be installed in the area between ~lse Avenue and Tazewell Avenue, So E., from Thirteenth Street to Eighteenth Street, and the City HanaFer having advised Council that this work would probsbly be done in ~$, but that it would be in the third phase of th~ ~ater Department expan~!~n ~ro~r~m, a co~-~uni~tlcn fro:~ th~ £~uth~a~t Civic L~ue, advisin~ that at this date nothinc, has been done about installing thc fire hydrants and that the citizens of the Southeast section wish some definite assurance that positive action will be taken to correct this unsatisfactory condition, was before Council. On motion of Hr. Waldrop, seconded by Hr. Hanes and adopted, the com~unlca- tion was referred to the City HanaEcr for tnvestlEatlon and report to Councilo SCHOOLS: A communication from Hr. J. Barclay Andrews, Chairman of the Roanoke City School Board, advisin~ that the School Board would like to schedule an informal meeting with the Council of the City of Roanoke so that a mutual discussion of several important educational studies of the Roanoke City Schools recently made by the Superintendent of Schools can be held, was before Council. Hr. Webber moved that Council meet with the School Board at ?:30 o~clock, p. m., September ~8, 195h. The motion was seconded by Hr. ~uckett and adopted. REPORTS OF STREET LIGHTS: The City EanaFer submitted a wl~ltten report with the reco~endatlon that street lights be installed at the various locations set forth in s aid report. Hr. Young moved that Council concur in the recommendation of the City Harsher and offered the following Resolution: (~1~7) A RESOLUTION authorizing the installation of street llFhts at various locations in the City of Roanoke. (For full text of Resolution, see Ordinance Book No. ~0, page ~5~.) Hr. Young moved the adoption of the Resolution. The motion was seconded by Hr. ~aldrop and adopted by the following vote: AYES: Council members Hanes, Pickett, Puckett, ~aldrop, Webber, Young, and the President, Hr. ~oody ................... 7. NAYS: None ......................... REPORTS OF COMHITTE~: NONE, UNFINISH~ BUSINES~ SALE OF PHOP~-~TY-PARXS A~D PLAY6ROU~S: Council at its meeting of Septembe~ 7, 19~, havl~ received ~rom the ~eventh-Day Adventist ~urch an offer to purchase from the city three lots on the northeast corner of Wlncheste~ Avenue a~ Tenth Street, S. W., For the s~ of $],O~.OO, a~ a tria~lar lot adjacent to the said three Iota For the sum of S1,~0.OO, a~ having referred the co~nXcation to the City Pla~l~ Commission For study a~ recom~e~ation, the City Planning Co~lss~on reported that the triangular lot had been donated to the cXty by ~. J. T. Ea~s ~to be maintained by said grantee a~ enjoyed by the public o~ the City of Roanoke', with certain provisos as to the future sale it, as set Forth In the deed off conveyance to the city dated December 20, a~ that the city had subsequently purchased the three lots involved from Eanes in 19~ for "public purposes" In co~ction with the use of Wasena Park, that In the conaldered opinion of the City Pla~ln~ Co~aissioa the p~operty question can be advantageously utilized For the purposes for which It ~as acquired In co~ectlon with the recreational activities of Wase~s Park a~ any future lo~- range plea of development, a~ that title to the property should be retained by the City of Roanoke, the Con, las!on, therefore, recom~ending that the offer to purchase said properties not be accepted. P~. S. E. Patton, Chal~an of the Building Committee of the Seventh-Day ldventist Church, appeared beffore Council and stated that he feels the body should give consideration to the sale of the said property to the Seventh-Day Adventist Church by reason of the Fact that the church In maintaining a school for the youth of its congregation takes some load off of the public school~stem, statin~ further that his church wishes to offer the city ~1,O00.00 towa~ the cost of paving the parking area near the entrance of Wasena Park IF the city will sell the church the lots In question. Hr. ~aldrop moved to concu~ in the report of the City Planning Commission and reject the offer of the Seventh-Day Adventist Church for the property. The motion vas seconded by ~rs. Pickett a~ adopted. S~ CONSTRU~ION: Bids for the const~ctlon of an 8-inch sanlta~y se~er llne In the tdle~lld-Eenwood a~ea, received by Council at its ~eetl~ of September 13, 19~, From Pionee~ Construction Company, Incorporated, in the amount $29,7~3.OO; Draper Construction Company, In the ~ount of $13,~90.75~ and Hudgins, In the m~ount of~,22~.05, ~ving been refer~ed to a committee of the City Manager, the City Auditor a~ the City Engineer For tabulation repo~t, the said co~lttee submitted a tabulation of the bids and a reco~endation that the contract be awarded to the low bidder, M. S. Hudgins, In the amount ~. Waldrop moved that Council concu~ in the recomme~atlon of the co~ittee a~ offered the following Resolution: (~12~8) A RF~OL~ION accepting the proposal of M. S. Hudgins, Roanoke, Virginia, for the co~truction of sanitary se~er to serve a portion the Idlewlld-Eenwood area, In the total sum of ~,224.0~; authorizing ~d directing the City Manager to execute the requisite contract;and provldl~ for an emergency. (For full text of Resolution, see Ordinance ~ok No. 20, page 256.) 4?3 Hro Meldrop moved the adoption of the Resolution. The motion vas aeconded by Hr, Youn8 and adopted by the follovin8 voter AYESt Council mombera Hanes, Pickett, Puckatt, Maldropw Mebber, Young, and the Praaidentw H~. Moody ............ NAYS~ Nons ...................... O. CONSIDERATION OP CLAIHS= NON'S, INTRODUCTION AND CONSIDERATION OP ORDINANCES A~I) BUDG~-HUNICIPAL COURT: Ordinance No. 122~0, lncreasin~ the salary of the Hunicipal Court Judge from ~6~00.00 per annum to ~?~6~0.00 per annum~ havins previously been before Council forita firet readin~ ~ead and laid over, vas again before the body, H~. Hanes offerin~ the'follovir~ for its eecond readin~ and flnaladoption: (~12220) AR ORDINANCE to amend and reordaln Section ~2~, eHuntcipal Court', of the 19~4 Appropriation Ordinance. (For Full text of Ordinance, see Ordinance Book No. 20, pa~e Hr. Hanes moved the adoption of the Ordinance° The motion vas seconded by Hr° Maldrop and adopted by the follo~d.n~ vote: AYES: Council members Hanes, ?ickett, Puckatt, Maldrop and Youn~ NAYS: }ir. Mebber, and the President, ~r. ~oody .......................... STREET NA!~ES: Ordinance No. 12222, changing the naee of 01d Dominion Avenue, N. E., running one block east and one block ~est of Rollins Road, to the name of Kyle Avenue, N. Eo, having previously been before Council for Its flrat reading, read and laid over, vas aFain before the body, HrSo Pickett offerinf the follovin~ for its second readtn~ and flnal adoption: (#12222) AN ORDINANCE directing the change of name of 01d Dominion Avenue, N° E., runnlr~ one block east and one block vest of Hollins Road, to the name of Eyle Avenue, No Eo; directing the desl~nation of the ney name on present and future plata filed in the office of the City Engineer; and directing that ~treet signs nov and hereafter erected shall conform accordingly. (Pot full text of Ordinance, see Ordinance Book No. 20, page H~s. Pickett moved the adoption of the Ordinance° The motion vas seconded by ~r. Puckett and adopted by the follovin~ vote: AYES: Council member~ Hanes, Plcke, tt, Puckett, ~aldrop, 'Yebbers Young, and the President, Hr. ~oody ............... NAYS: None ......................... O. DELINQUENT TAXES: The City Attorney having been requested to prepare the proper Resolution~ providint~ For the institutin/~ and conducting of suits in equity for the purpose of enforcin~ the city's lien for delinquent taxes and YounE offered the follo~dnt~: (~12~a9) A RESOLUTION autho~izin~ and directin~ the City Attorney and/or the Assistant City Attorney to institute and conduct suits in equity for the purpose of enforcfn~ the City~a lien for delinquent taxes and other asseasmenta against certain properties standin~ in the name of the respective record o~ners thsreof~ and providing for an emergency° (For lull text of Resolution, see Ordinance Book No. 20, page Hr. Young moved the adoption of the Hesolution. The motion' vas seconded by Hr Hanes and adopted.by the folloving vote: AYES: Couneil members Hanes, Pickett, Puckett~ ~aldrop, ~ebberw Young, and the President, Hr. Moody ........................ NAYS: None .................................. CIH O0¥~ItE~l: ~, Yebber offered the ~ollo~i~E Ordinance~ appropriatin~ ~3~O.'OO aa the city's portion o~ the support o~ the "Citizens at York" b~oadcaet on~oano~e= the 1~ Appropriation O~inance~ a~ providin~ ~o~ an emergency. (Fo~ full text of O~dina~e, see O~dinance ~ok No. SO, pa~e ~. ~ebbe~ved the adoption off the Ordinance. The motion ~as seco~ed by ~. Youn8 ~d adopted by the follo~ votel AYF~z Council me~era Hanes, Pickett, Fuckett, ~aldrops Webbe~. Youn8. a~ the President, H~. ~oody ................ NAYS~ Hone ...................... O. ~OTIONS A~ HI$C~LA~OUS BU~I~$S~ ZONXNG~ ~. ~alte~ H. Scott, Attor~y, appeared before Council a~ ~tated thmt as Attorney for Citizens Undertakin~ Establishment he had presented to Council at its meeti~ of Hay ~, 19~], a request that p~ope~ty located betveen Patton Avenue a~ H~rison Avenue, N. E., east of Commonwealth Avenue, described as Lot 1~, ~a~ ~, Roanoke L~nd a~ I~rovement Co.any Hap, be ~ezoned From Special Residence District to Buslne~ Dl3trlct, In orde~ to pe~it the e~ection of an u~rtakl~ establl~nt, a~ that the matter ~a~ referred to t~e City Flannl~ Co.lesion for study and recc~e~ation, Hr. Scott pointl~ out that no report ha~ been made by the City Pl~in~ Co.lesion a~ that upon inquiry to the Co~lssion he has been l~o~ed that the Co~lssion*s reco~endatlon to Council In re~ard to the request ha~ been held in abeyance pendln~ Council's action In re~ard to ~e proposed Commonwealth Hedevelopment Project and that the Co~ission Feel~ that this ~ttem, as ~ell as requests of othe~ property ovner$ the Northeast section, should be~ntlnued until Council ha~ acted on the development ~rogram, H~. ~cott ~atln~ that the delay Is cau~in~ considerable inconvenience to his client, a~ requested that Council look into the matte~. ~. ~ebbe~ moved to t~e the matter u~er consideration. The motion seconded by H~. Puckett a~ adopted. ~NICIPAL COt~: ~e City Clerk reported that Beverly T. Fitzpatrick has qualified fo~ office as Chief ~nicipal Judge fo~ the City of Roanoke, ffo~ the unexpired term of Sm~el R. P~lce endl~ 5eptembe~ ~0. 19~, and fo~ a ~-yea~ tam be~i~ln~ Octobe~ l, 19~h, the date of qualification In both instances bein~ September 1~, There bein~ no furthe~ business, Council ad~curned. APPROVED 475 476 COUNCIL, REGULAR ME~I~O, Honday, September The Council of the City of Roanoke met in regular meeting in the Council Chamber in the Hu~lcipal Building, Honday, September 27, 19~4, at ~00 olclock, p. m., th~ regular meetin~ hour, with the President, Mr. Woody, presiding. ~RESENT: Council members Hanes, Puckett, Waldrop, Webber, Young, and the President, Mr. Woody .................. ABSEA~: Mrs. Pickett .......... 1. OFFICERS PRESENT: Hr. Arthur S. 0wries, City Manager, Mr. James N. Kl~canon Assistant City Attorney, Mr. Harry R. Ya~es, City Auditor, an~ Hr. J. Robert Thomas, City Clerk. THe ~eettng uae opened with a prayer by the Reverend Lee H. Hichcreek, Pastor of the Tazewell Avenue Methodist Church. MINUTES: Copy of the minutes o£ the regular meeting held on Monday, September 20, 195~, having been furnished each member of Council, upon motion of Mr. Waldrop, seconded by Mr. Hanes and adopted, the reading was dispensed with and the minutes approved as recorded. HEARING OF CITIZENS UPON FUBI.IC ~TTERS: Pk~KS AR]) PLAYG~0U~S: The City Clerk presented s resolution o£ the Board of Directors of the Chamber of Commerce, recom~ending to City Council that it construct in the city parks as soon as possible one or more splash or spray pools approximately 20' x ~0' and running from 18" to 3' in depth, the firs% of such )ools to be built in Fallon Park using funds available in the Fallon Sw~ming Pool Trust Fund now held by the city. Mr. W. Jackson Shepherd, a member of the Public Recreation Committee of the Chamber of Com-m~.erce, appeared before Coun~l and advised that the committee has worked in conjunction with the Department o£ Parks and Recreation of the City of Roanoke and that it is his understanding that the Recreation Department can get started immediately if Council approves the construction o£ the pools, stating further that in the opinion of his commfttee construction of the spray pools is Just a start that should lead to the construction of swimming pools in the parks and that the spray pools should be constructed at points in the parks so that in the future swiping pools can be built adjacent thereto. Mr. Webber moved to refem the matter to the City Manager for study with particul~r reference to cost and loc~tion and report tu Council and %0 the City Attorney for an opinion as to the legalit2 of using the Fallon Trust Fund for the purposes requested. The motion was seconded by Mr. Young and adopted. MUNICIPAL COURT: Mr. Clifton A. Woodrum, Jr., President of the Roanoke Bar Association, appeared before Council and presented a report of its Committee on Courts, relating to the Municipal Court of the City of Roanoke, wherein certain physical changes and Improvements in the Courtroom were recommended, at which time he stated the Roanoke Bar Association at its regular meeting on September 1~, 195~, had adopted smd approved the report of the commttte~, and recommended to Council that the physical changes and Improvements be accomplished, Mr. Woodrum pointing out that the physical changes requested would lend dignity to the Court and make possible orderly procedures therein. The City Manager reported that Municipal Court Judges Beverly T. Fitzpatric and R. L. Quarlea are in full accord with the physical changes recommended by the committee and that he estimates the cost to be appraximstely $2,800.00 for accomplishment of the changes. Hr. Hsnec moved to concur in the report of the Roanoke Bar Association insofar ac its recommendations concerning physical changes in the Courtroom are concerned and to refer the matter to the City Hanager for necessary action to accomplish such changes. The ~tion wac seconded by Hr. P~ckett and adopted. PETITIONS AND COI'~fUNICATIONS~ CITY GOV!~IOiENT~ A letter from Hr. Shields Johnson, Vice President and General Hanager of the Times-World Corporation, callin~ attention of Council to the fact that Roanoke will have lived seventy-five years under that name by 1959 and suFFestinF that plans be 1eld for a veal celebration of the diamond anniversary at that time, was before the body. Hi-. ~ebbs~ moved to take the matter und~r consideration for one week with a view of possibly appointing a steerin~ committee at the next meeting of Council. The motion was seconded by Hr. Waldrop and adopted. P~NSIONS: The City Clerk presented a co~unlcatlon from the Follce and Firemenls Pension Board, recommending to City Council that a section be added to the Pollce and Flremen*e Pension Ordinance making pensions non-asslgnable and exempt from execution and ~avnishment. After some discussion, Hr. Webber moved to take the matter under considera- tion.. The motion was seconded by Hr. Waldrop and adopted. STADI~t: A coxnunlcatlon from the Stadium Advisory Cox~ttte~, advising that it is definitely known that ~ome of the Stadlun Armory bond issue funds are still available for additions and improvements at Maher Field, and reco~mendIE that either the east ov west stand be enclosed with cinder block, that bur~ler proof doors and other openings be installed and space underneath be vented for warehouse purposes, and that an appropriation be made and a much needed pedestrlaE bridge from Haher Field to South Boanoke Park be constructed i~ediately, was before Council. Hr. Webber moved to take the matter under consideration until construction of the Armory ia completed, and in the meantime, request the City Attorney to vender an opinion as to the legality of using the bond funds for the purpose 'of constructing a pedestrian bridge as recommended by the co.mitres. The motion was seconded by Hr. Young and adopted. THAFPIC: A com~unication from Hrs. Ruth H. An~le, requesting Council to give answers to numerous questions in connection with the traffic plan previously presented to the body bF Hrs. Angle, was before Council. Hr. Young ~ved that the co~munication be filed until such time as the City Hanager renders his final report in connection with the present downtown traffic regulations. The motion was seconded by Hr. Waldrop and adopted. TRAPFIC-ZONING= A co~'~unication from the RalelFh Court Civic League, advising that the Leaf-ce approves the vecommendatlon of the City Planning Cor=~Issio against the'rezonlnz of property at the intersection of Brandon Avenue and Hain Street, S. ~., from General Residence District to Business Dlstrict~ was before 478 Theco~unication was filed. In this connection, the City Clerk advised that the hearing previously sat for 2tO0 otclock, p. m., Bepteatber 2?, 19~, on the question of rezoning the said property has not been publicly advertised as required by law and that the Attorney For the o~mers off the said property has requested that the hearing be set over until ~:00 o~clock, p. m., October 11, H~. Young moved to concur in the request of Hr. Honeyman and set a public hearl~ on the question oF re~onin~ propert7 at the lnter~ection oF Breton Avenue a~ Main ~treet, S. ~.~ fro~ General ~es~dence District to Busl~ss District For ~:~ otclock, p. m., October 11, 19~. The ~tion ~as seco~ed by ~. Puckett a~ adopted. ~AT~ DF~A~T~: A certified copy of a minute o~ the Board oF ~uperviso~ oF Botetourt County at its ~eetin~ of ~epte~ber ~O, 19~, adviein~ that at its meetin~ of June ~1, 1~, It had directed its Clerk to call to the attention the Clt~ o~ Roanoke that it had not reported the ~ross reven~e oF the Roanoke ~ater ~ork~ System ~ related ~o~ation For taxable purposes to the Co~tss~oner oF ~evenue oF Botetou~t County, p~r~vant to Section ~8-1~ of the Code of and advising that It ha~ received no reply to ~uch co~n~cation, ~a~ before Council. The Clty~rk ~dvising that the previous co~unic~tion had teen referred to the City Attorney, ~r. Hanes moved to refer the second co~.~nication to the City ~ttorney for co~Ideratton along ~lth the p~ev~ous co~nicat[on From the Boteto~r~ County Board of Supervisors. The motion ~as seco~ed by ~r. ~ebber adopted. BU~-CO~ENSATION BOA~: A cc~nlcation from the State Compensation Board, advising that hear~nE~ on salarie~ a~ expenses FoP con~titutional of~cer~ of the C~t~ of Roanoke fop the yeaP 19~S ~ill begin at 10:00 o'clock, a. October 7, 19~, a~ continue daily thereafter until the matter la disposed of~ ~was before Council. Mr. Youn~ moved that the City Clerk advise the Compensation Boa~ that the City oF Roanoke will Furnish l~ormation on Council's action concerning salaries and expenses of its constitutional officers as soon as possible after the budget study sessions of the body have be~n which will probably be in the First part of December. The motion was seco~ed by Mr. Waldrop and adopted. REPORTS 0F O~IC~S: ~S~NTS-S~H CONSTRUCTION: The City Manager presented a request for the adoption of an Ordinance, making an offer of $100.00 to ~. W. J. Wllkerson For a public utility easement through his property alo~ Glade Creek, Tax Map No. 3~10612, as shown on Plan No. ~032-A revised In the OFfice of the Clky Engineer. Mr. Webber moved to concur in the request of the City Manager and offered the following emergency Ordinance: (~12231) ~ ORDINANCE providing For the acquisition ora perpetual easement for a'sewer l~ne r~ght-oF-way along Glade Creek, N. E.; a~ providing for an (For full text of Ordinance, see Ordinance ~ok No. 20, Page 260.) ~. Webber moved the adoption oF the Ordinance. The motion was seconded by Mr. Waldrop and adopted by the following vote: A~: Council members Hanes, Puckett, W~ldrop, ~ebber, Young, and the Presidcnt~ ~. Voody ...................... 6. NAYS= None ........................ O. {Mrs. Fickett absent) AIRPORT= The City Manager presented a letter from the Director of the Division oF Aeronautics. State Corporation Ce~tssion, advising that he will re- :cou~en<t to the State Corporation Co~uission that a mu~ oF $~,~0.~ be made available to the City of Roanoke sometime during the pre~ent fiscal yea~ ~d an additional SY~,~O.~ sometime duuinZ the ffollowin6 Fiscal year For the proposed extension o~ ~n~ay at ~ood~ Field, predicated on the City oF Roanoke going ~ead with the project to its Final completion. H~. You~ moved to reFe~ the co~unicatlon to the At.out Committee for con~lderation along ~lth the project no~ bein~ studied. The motion ~as seconded by Mr. ~aldrop and adopted. PURCHAPE OF PROF~-PARE~ A~ FLAYOROU~S: ~e ~lty Manager presented a co~unication from ~. E. M. St. Clair, offering to sell to the city a tract of and containing 6.56 acres west of Polk Street at Hichigan Avenue in the ~ashington Heights area for use as a park, the City Manager advising ~ouncil that he does not consider the tract adequate for park purposes a~ does not recommend l~ purchase. ~. Hanes moved to refer the matter to the City ~lanning Concision for study a~ reco~e~atton, The motion was seconded by Mr. Waldrop and adopted. WATER DEF~TME~= ~e ~lty Manacer presented a letter from Alvord, Burdick and Howson, Consulting Engineers, giving an estimated cost for the construction of additions to the Carvins Cove Filter Plant oF ~6~9,000.00 and offering certain alternates in the praJect. Mr. Young moved to refer the com~unicmtion to the co~ittee composed of ~. Arthur S. Owens, Mr. H. Uletus Broyles, ~r. Randolph O. k~Ittle, Mr. Harry R. Yates, Mr. C. E. ~oore, Councilman Roy L. Webber and Councilman Walter L. Young for study a~ recom~er~ation to Council at the earliest possible date. The motion was seconded by Mr. Webber and adopted. AL~HOUSE: ~e C2ty ~anager ~ub~itted written report from the Almshouse f~ the month of August, 195h, showing a total expense of ~1,875.01, as compared with a total e~ense of ~1,8~8.19 for the month of August, 1953. The report was filed. CI~ F~SIC~AN: ~e City Manager submitted written report from the City ~hysician for the month of August, 19~, showing ~60 office calls, 599 prescription~ filled ud ~h9 treatments given, as co:~pared with 659 office calls, 605 pre~criptio~ filled and 193 treatments given for the month of Au~st, 1953. ~e report ~as filed. D~ART~ OF P~LIC %~LFARE: ~e City ~anager submitted ~itten reports, covering the expenditures and activities o~ the Department of Public Welfare during the ~nth of Au~st, 19~, In compliance with ~ections 63-67.1 and 63-67.2, Code of Virginia. The reports ~ere filed. REPORTS~ ~e City ~anaFe~ submitted written ~epor2s ffrom the Health Depautment~ the Police Dep~tment and'the Purchasing Department for the month of Au~st, 1~. 480 The reports were filed. BUDGET= The City Manager presented a request for appropriations of $17,~4. and for appropriation transfers of $~,~89.O? for accounts overexpended or in which there are insufficient Funds for operations during the balance of the fiscal year and a request that Council aathorise the purchase of an additional automobile for the Police Deaprtment from unexpended a~.propriations in the Police Department Capital Account. Hr. Webber moved that Council hold an informal meeting Thursday evening at 8~00 otclock, p. m., September 30, 19~, for consideration o£ the City Hanagerte request. The motion was seconded by Mr. Young and adopted. FIRE DEPARTHEh~-POLICE DEP~RTME.~T: The City Manager presented a report, showing the following personnel changes: FIRE DEPART~NT- William Robert Carry employed as let Year Private effective September 16, Ernest E. Fer~uson employed as Engineer (reinstated) effective September 16, POLICE DEPARTMeNT- Chester Earl Shalor resigned, effective September 30, The report was Filed. REPORYS OF CO,V~qlTTEES: STADIU~-H~H~R FIELD: Council at Its meeting of September 13, 19~4, having referred to the Stadium Advisory Committee a co~uungcation from Roanoke Fair, Incorporated, requesting a contract for the rental of Maher Field for the week of August 29-September 3, 19~, suggesting that the rate of rental be reduced and asking for re-arranaement of the space allowed under the contract by reason of the construction of the National Guard Armory, which it stated will present numerous problems that will adversely affect the Roanoke Fair, for study and advice to the body If in their opinion the rates presently in effect contain any inequity in view of the matters brought out in the communication and advise whether or not in their view the rate should be altered, the Stadium Advisory Co~Ittee reported that the rates which have applied in the past are, in their opinion, most reasonable and certainly should not be reduced and that the committee sees no objection to the Fair using any space in the Maher Field enclosure that is not under lease to or in use by other parties at the time the Fair is being held. Hr. Webber stated that he believes this Is an administrative matter and moved to refer it to the City Manager for action in accordance with tho existing Ordinance establishing rates for the use of Maher Field. The motion wes seconded by Mr. Puckett and adopted. CITY PROPERTY-WATER DEPARTMENT: Council at its meeting of September 7, having received a comuunlcation from Hrs. Lester T. Hutson, requesting the extension o£ her lease on property located o~ the northwest corner o£ Church Avenu~ and Second Street, S. W., and having referred to a committee composed of Councilmen Webber and Young, Messrs. Arthur S. Owens, Randolph 6. ~Ittle, Harry R. Yates, M. flatus Broyles and Charles E. Moore for study and recom~endation the question of using the property under lease to Hrs. Hutson, along with the balance cf the property adjacent thereto being rented by the city, as a possible site For the Water Department office, the committee reported that it does not believe the property vould be acceptable or conducive to tbs operation of the rater Department and that it does not believe that the cost o£ tbs charge would be in the best interest of the city, and, consequently~ does not advise its use for that purpose. Hr. Valdrop moved to concur in the report of the committee. The motion was seconded by M~. Fuckett and adopted. Hr. ~aldrop then moved to re-leave the property to Hrs. Rutson ss requested° There being no eecond~ the motion was lost. Mr. Webber then moved to refer to the City Manager for study and recommenda- tion the question of rasing all, or a part, of the buildings on the north side of Church Avenue, S. W., ~etwesn Second Street and the School Ad~Inistration Buildin~, and usin~ the land for parking purposes. The motion was seconded by Mr. Young and adopted. WATER DF/~ARTMENT: Council at its meeting of September ?, 19514, having referr to a counulttee consistin6 of Councilman Webber, Messrs. Arthur S. Owens, Gilbert H. Ruston, Charles E. Moore, Randolph O. Whittle and Harry R. Yates a communication from the Business Realty Corporation, through its Attorney, Mr. Morton Honsyman, requesting that it be permitted to enter into a temporary agreement with M~. E. E. EnFleman to supply water for a proposed subdivision on the south side of Shenandoah Avenue, N. W., between Honeysuckle Street and Miller Street, with a proviso for cancellatlon of such agreement within thirty days after the city has laid mains in Shenandoah Avenue to Honeysuckle Street and at that time connect to the city's water supply, for study and reco~endatlon, the co.nnittee reported that it feels that the subdivider should comply with the existing Ordinances of the City of Roanoke. Mr. Honeyman appeared before Council and asked if the city is going to e~ten, a main up Shenandoah Avenue to furnish water to the General Electric Plant to be constructed to the west of the city limits and was advised that Council cannot answer that question since no agreement has been entered into between the City of Roanoke and the General Electric Company and that the General Electric Company has filed no request ~ith the Water Department for such an extension. Mr. Young pointed out to Mr. Honeyman that his client is in the same position as any other property owner holding acreage which might be developed in the outskirts of tbs city where no water mains are now available, in that sooner or later water mains will be constructed along all thoroughfares to the corporate limits of the city and that if the property owners wait long enouFh they ~ill inevitably derive certain benefits from waiting, ~hereas, if they want to develop the property now they will have to comply wi th the Rules and Regulations governing the extension of water mains now in force. Mr. Waldrop moved to concur in the committee report and that the Business Realty Corporation be notified that it must comply with the present Rules and Regulations of the city. The motion was seconded by Mr. Webber and adopted. UNPINISHED BUS!NF~S: SEWER CONSTRUCTION-WATF~R DEPARTM~.NT: Council at its meeting of September 13, 195~, having received from the City Manager a request for authority to proceed with the installation of an 8-inch sewer main and a water main in Kyle Avenue, N. E., and the pavement of said street from Hollins Road to the property of the 481 482 Miller Container Corporation, st which time the matter was taken under advisement end laid over until the meeting of September 27, 19~7~, the matter was again brought up. Hr. Webber moved to lay the matter over for discussion at Council's meeting of September 30, 19~. The motion was seconded by Hr. Young and adopted. WATER DEP~RTHE. NT: Council at its meeting of September 13, 19~4, having laid over a request from the City Manager for authority to install a water connection in Mannir~ Road opposite a private road serving the property of Mr. P. M. Aldridge for consideration at its meeting of September 97, 1954, the matter was again brouKht up. Mr. Webber moved that the request be Frauted and tha~ the City Attorney prepare the proper Hesolution grenting the authority. The notion ~as seconded by Mr. Waldrop and adopted. CONSIDERATION O~ CLAIMS: None. INTRODUCTION AND CONSIDERATION 0F ORDINANCES AND RF~0LUTIONS: STREET CLOSING: Ordinance No. 12~26, vacating, discontinuing and closing' Oak Road (Woods Hell) between 0rotten Street and the west corporate limit of the City of Roanoke, according to the Map of Greenland Hills, havinF prevlously been before Councll for its first reading, read and laid over, was szain before the body, F~. Youn~ offering the followin~ for its second readinF and final adoption: (#17226) AN ORDINANCE vacatlnc, discontlnulnF and clesin~ that certain ~0 foot street in the southwest section of Roanoke, Vlvginla, lytn~ i~.~ediately north of what is shown as Block 11, Block 1R and Reserve, according to the )~ap of Greenland Hills, which is of record in the Clerk's Office of the Circuit Court of Roanoke County, ¥1rcinia, in Plat Book 2, Page 153. (For full text of Ordinance, see Ordinance Book No. ~O, Pa~e Mr. Youn~ moved the adoption of the Ordinance. The motion was seconded by Mr. Hanes and adopted by the following vote: AYES: Counc!l me~bers Hanes, Puckett, Waldrop~ Webber, Young, and the President, Mr. ~oody ............... 6. NAYS: None ................. 0. (Mrs. Pickett absent) SEWAGE DISPOSAL: Council having adopted Resolution No. 12179 at its meeting on July 12, 1954, appointinK a committee composed of Councilmen Webber and YounF, Messrs. Arthur S. Owens and Randolph G. ~Ittle to confer with a co~Ittee heretofore appointed by the Board of Supervisors of Roanoke County, and officials of interested corporations, for the purpose of reco~u~.endinz an acceptable procedure pursuant to which, where practlcable, the City of Roanoke may transport to and treat in its sewage dlsposal plant sewage originating within defined areas situated in the County of Roanoke, the co~lttee submitted the followin~ draft of contract between the City of Roanoke and the County of Roanoke: "THIS CONTHACT, made and entered into this the ?Sth day of Septenber, Nineteen Hundred Fifty-Four, by and between the CITY CF HOANOKF, of the first part~ and the COUNTY 0P ROANOKE, of the second part, (both parties being political subdivisions of the Commonwealth of Virginia), WITRESSETH: THAT, ~ERFJ[S, for the purpose of this contract the following words and abbreviations shall, unless their use clearly indicates a different intention, be defined aa follows: and ' area', that portion off the county hereinafter described by metes and bounds; ~b.o.d.~ or ~b.o.d. content'~ biochemical oxygen demand; 'city~ or 'Roanoke~, the Clty of Roanoke, Virginia; 'countyI, the County of Roanoke, Virgin[a; and ~p.p.m~, parts per million gallons; ~HFRF.~S, the vast majority of the residents of the Roanoke Valley have go: many years realised that thelr health and safety demanded that the Roanoke River and its tributaries, within the city, and the densely settled environs thereof, must be cleaned and freed from obnoxious domestic and industrial wastes and other deleterious matters, and with that purpose in view, the City has, at enormous cost, constructed a sewage treatment plant and has also installed intercepting sewe: systems leading thereto and, ia now engaged in transportin~ through its lnterceptl~ sewer systems and treating at its sewage treatment plant, domestic and industrial wastes originating within its corporate limits; and it has, also, entered into a contract with the Town of Salem, Virginia, pursuant to which it proposes to transpc to and treat at its sewage treatment plant domestic and industrial wastes originating within the corporate limits o£ said town; and ~HEREAS, the capaclty of the city's intercepting sewer systems and its sewage treatment plant were respectively designed to transport and to treat all domestic and industrial wastes anticipated to originate, for a long period of years not only in the combined areas From ~hich the city is presently receiving and treating such wastes, but also wastes that are anticipated to originate in other sections, in the vicinity of the city, for years to come; and ~EREAS, the county des[res that the clty receive normal domestic and co~ercial wastes orIKlnating within the area hereinafter defined and transport the same to, and treat such wastes at, its sewage treatment plant; and WHERFA$, in the Jud'gment of the pamtles to this contract, the transportatio2 to and the treatment of such wastes, originating in the area, at the Roanoke plant will be to the advantage Of both the city and the area; THk-~EFORB, FOR A~ IN CONSIDERATION of the premises and of the covenants and obligations hereln contained, the parties hereto covenant ar~ agree, one with the other, as follows: I. Area: That certain area of land situated within the County of Roanoke, bounded and described as follows: BEGINNING on the east side of Route 118 (Airport Road) at the north corporate limits of the City of Roanoke; thence with the east side of Route 118 (Airport Road) in a northerly direction to the north right-of-way of Route 117; thence with the north right-of-way of said road in an easterly direction to the west boundary line of Ttrnker Knoll Subdivision of Record in Plat Book 3, page 1, [n the Clerk's Office of the fl:cult Court of Roanoke County, Virginia; thence wlth the outside boundary lines of said subdivision to a point 350.0 feet north of the right-of-way line of Route 117 and U. S. 11; thence with a line paralleling Routes 117 and U. S. 11, and 350.0 feet north of the north right -of-way lines thereof in a northeasterly direction to Carvins Creek; thence with Carvins Creek as It meanders in a southerly direction to the corporate limits of the City of Roanoke; thence with said City limit in a north- erly and westerly dlrect[on to the place of BEGINNING. 483 484' II. SCOPE: A. The county agrees to deliver all of the normal domestic and co~r~erc! wastes origlnatin~ within the area tributary to any exlsting or subsequently stalled sewer line therein, other than those, the discharge of which are permitted, from time to time, by the State Water Control Board, to the northernmost terminus of the city's Tinker Creek intercepting sewer, located on the west side of Tinker Creek east of Holline Road approximately 16S feet from the Intersection of Holllns Road and Riley ~oad, N. E., said point belng known aa Manhole No. 62, aa shown on Sheet No. S of the Hollins Road Sanitary Sewer Project, prepared by Mattern & Mattern, Engineers, under date of September 1, 1949, on file In the Office o£ the City Engineer for Roanoke, Virginia; and the city agrees to accept all of the area~s such wastes as are so delivered at said point and transport the same there- from, through its interceptor line, to its sewage treatment plant and to treat all such wastes in its plant to the same extent and degree that it shall treat wastes originating within the city at Its plant; and such treatment shall conform to the proper rules, regulations and directives of the State Water Control Board, and shall be the exclusive responsibility of the city. If any such discharges from within the area, directly or Indirectly, to a stream permttted by the State Water Control Board contain wastes with suspended solids In excess Of 20 p.p.m, or b.o.d. in excess of 20 p.p.m., the city and the county agree to use every effort to see that such objectionable materials are kept out of the stream, either by separation of the ~astes into non-objectionable and objectionable materials, as a result which the non-objectionable materials might continue to go to the stream, and the objectionable to the sanitary sewers after pretreatment, if any such Is require or by delivery of such waztes to the sanitary sewers for treatment with other wastes ~Fter pretreatment, if any such is required, or by such other method as may be mutually agreed upon by the city and the county. Ail outstanding permlt~ of the State ~ater Control Board in the city and the area shall be studied with the object of removln~ from the strea~s as much suspended solids and b.o.d, as possible All wastes treated at the Roanoke plant, Including wastes ori?inating in the area, shall be the property of the city. B. The county covenants and acrees to provide and maintain, without cost to the city, all facilities necessary to deliver wastes from all points of collection in the area to the point of delivery at the upper-most northern terminu~ of the city's Tinker Creek Intercepting sewer, as heretofore designated. The county shall provide and Install a recordin~ flow meter, a by-pass connection srou~ the meter for emergency use, and facilities for taking samples, either manually or automatically; all o£ which metering and by-passing facilities provided for in this sentence shall be mutually acreed upon between the city and the county. Co It is expressly understood and agreed between the parties hereto that the city, by this contract, undertakes and obligates itself to treat only normal domestic and ~e~erclal wastes origlnattn~ within the area and that the charges hereinafter provided for are charges intended to be made the county for services rendered the area as a unit. Accordingly~ the county hereby covenants and agrees that it will not, without the prior consent of the city expressed In the form of a resolution or resolutions of its Council, deliver to the city under the terms and at the charges provided for in this contract any wastes originating outside the limits of the area. LI IIX. CNARACTE~ OF ~ASTF~: A. The character of wastes delivered by the county and accepted by the city, under this contract, shall consist only of normal domestic and co.~mercial wastes. The county, therefore, especially covenants and agrees that the stem's wastes, as delivered to the city's intercepting sewer, shall not contain industrial wastes~ nor oils, hair from tanneries, paunch contents, grit from packing plants, chrome, plating wastes, or other substances not normally regarded as sewaze. The county covenants and agrees to [ ermit no connection for rain, roof Or foundation drains or storm Or surface water disposal to be made to the sanitary sewer system within the area or to its mains or intercepting sewers leading therefrom and con- necting with the cityts intercepting sewer line at the point herelnsbove described Should it become evident that the county is delivering to the city's intercepting sewer materials excluded by the foresoing two sentences, the city shall notify the county of ouch fact, and, upon being so notified, the county agrees to forth- with eliminate delivery of such objectionable material. Should it become evident that the county is delivering to the city's intercepting sewer any ouch excluded materials, and the city notifies the county of such fact, and the county doeo not promptly eliminate delivery Of such objectionable materials then, and in ouch events, the city may ~orthwith ter~inate thio contract. S. The strength of nor=al domestic and commercial waotes delivered by the county and accepted by the city, shall, at no time, have an averaue b.o.d. that exceedo 300 p.p.m., and an average suspended oolido content that exceeds 300 p.p.m., at the point of delivery to the city's intercepting sewer; and the county covenants and aFrees to take whatever messureo that are necessary to keep the strength of its waotes below the above-stated maximums. 1¥. CHA~GES FOR SEWAGE TREATM~.~ S~RVICE: The county agrees to pay the city the following charges for treating all wastes of the kind, strength and suspended solids content herein contemplated, .delivered to the city by the county from the area: A. From the date of.this contract to the 16th day o£ October, 19.~8, the charge for transporting and treating ouch wasteo shall be THIRTY DOLLARS ($30.O0) per million gallons. Co~encing on the 16th day of October, 1958, and thereafter, the charge for each succeeding five-year period, for treating wast%o, shall be computed as follows: The cost per million gallons for treating wastes over the period from the commenclr of such treatment until the 16th day of October, 1958, ohall be computed and avers and to the resulting figure shall be added twenty per cent, which total shall con- stitute the charge for treating wastes in the next succeeding five-year perlod. This method of com~uting the charge for treating wastes shall extend throughout the entire term of this contract. In ascertaining the cost for treating wastes only actual cost of the operation and maintenance of the Roanoke sewaye treatment plant shall be considered; however, amon~ other items of cost, the following shall be taken Into account: Personal services, otationery and office supplies, postage telephone and telegraph, insurance and bond premiums, automotive expense, travel, expense, supplies, fuel, elect?~ctty, water, repairs, Workmen's Co_.~pensatton Insurance premiums, and management, engineering, legal, treasury, accounting, billing, employees retirement, and miscellaneous expenses. There shall not be 485 486 included in such ss~age treatment cost capital outlay, interest, depreciation, replacement of existing sewage facilities, additions to existin6 sewage facilities, Or any a~ortisation of the indebtedness incurred for the construction of the Roanok~ sewage treatment plant ard Interceptor lines. B. It is further mutually agreed that, if the charge for treating wastes during the ensuir~ five-year period as thus computed should exceed the sum of SIXTY DOLLARS (~60.00) per million gallons, then, In that event, the county shall have the right to terminate this contract, upon the county giving to the city three yearsI wrltten notice of its intention so to terminate this contract; but during said three-year period of time the county shall pay unto the city charges, at the rate aa fixed herein, during the ensuing five-year period, during which the contract termination period is running, es computed and fixed, u~ng the method hereinbefore ~et out, for the determination of such charge~. C. The county reco~nises that it would be unfair to expect the city to transport and treat such wastes, for any period during the life of this contract at a rate that would enable the user within the area to pay less for such service than that paid by the city user. Therefore, the county covenants and agrees that i the periodic charge collected by the county from Individual users in the area shall, at no time, be less than that paid by residents of the city for similar Do The city agrees to render the county each month a bill for the proper m~ount owed by the county (to the city) for the clty~s rendering of the sewage treatment service herein contemplated, which bill the county agrees to pay within thirty (30) days from the receipt thereof. In fixin~ the charges herein a~resd to for the rendering of the sewage treatment service contemplated no tax covenants and aErees that the full amounts of shy end all taxes and assessments that may be lawfully assessed or imposed upon the city during the life of this contract by any taxin~ authority, other than by the city, resulting in any manner whatsoever because of the city's having become a party to this contract, shall, ~rlor to the payment dates, be added to such a monthly hill and paid by the county, Eo Should any question arise, between the parties hereto, relative to the charges hereinbefore provided foP, then such question shall be determined by a majority of s co..-~lttee of three, composed of the city's auditor, the county's chief finance officer and a third independent certified public accountant, to be chosen by the fore~oin~ two: the latter~s char~es shall bo borne equally by the city and the county. V. SA.~LING OF A~EA~S WASTES: The city may, at such times sa it elects, sample, by any approved method, the wastes delivered it by the county, through the aforementioned reco~ding mete~, and if it be thereby determined that normal domestic and wastes of greater strengths or suspended solids content or industrial wastes or materials excluded by paragraph III. A., supra, are being so delivered to the city for transportation end treatment then, and in shy such event, the city, et its option, may: A. Cause the county to forthwith discontinue the delivery of any such industrial wastes or excluded materials and/or to reduce the strength and suspended solids content of such normal domestic and com~uercial wastes so that the strength and suspended solids content thereof will conform with the provisions of Paragraph IIio B., supra, or B. require the county to pay such additional charge for the treatment of such wastes aa the city may impose; Co Forthwith terminate this contract. As the cardinal purpose of the construction by the city of its intercepting sower system and sewage disposal plant was to bring about an effective abatement of the pollution of the Roanoke River and its tributaries within the vicinity of the city, it covenants and agrees that it Will not by-pass wastes into Roanoke Hlver, Or its tributaries, unless, in tho cityts Jud~ont, it is necessary so to do and, when, in the cltyts Judgment, it is necessary to so by-pass it will discontinue by-passing as soon as practicable. The county, ther~£ore, covenants and agrees that during such period of tl~es as the city, in its Judgment. finds it necessary to so By-pass wastes the county will, nevertheless, continue to pay tho city the charges herein agreed upon as though there was, or had been no by-passing and as if tho c~ty had transported all such wastes from the area to, and treated thom at, its sewage treatment plmnt° VII. ~ISCELLA~OUS A. Th~ county covenants and agroes that all sanitary sewer systems and all additions thereto and extensions thereof heroinaftor lnstallod within the area, and all mains and intercepting sewers leading from the area and connecting with the city's main or lnterceptin~ sewer, at the place herelnabove described, shall, in all regards, co~form to such Installations es are currently being install d within the city, and shall, prior to installation, be approved, in all details, by the Dlrector of Public Works of the city; and that after the installation thereof the same, except aa hereinafter modified, shall be and remain the exclusive property of the county. The county further covenants and agrees that it will cause to be obtained requisite permanent easements in which to install, maintain, enlarge, alter and repair all such installations and, l~edistely upon the installation of such part thereof as may lie within the city, the county will, by proper instrument, approved by the City Attorney, cause to be conveyed full, complete nnd unencumbered title thereto unto the city and the city shall be under no obligation to receive or treat sewage under this contract until such conveyance is consm, amated. Upon so obtaining such title thereto, the city, covenants and agrees to operate and maintain the same throughout the life of this contract. B. The county agrees that it wlll, without delay, cause requisite steps to be taken for t~e construction of such sanitary sewer systems within the area, and mains and intercepting sewer lines leading therefrom and connecting with the city's intercepting sewer, at the place herein9hove described, in order that the sanitary sewage facilities may, in the near future, be afforded the mere thickly settled portions of the area; and, further, that as the popula- tion density of the area fncreoses and/or centralizes It will cause requisite steps to be taken to provide for necessary additions and extensions to the sanitary sewer system within the area. 487 488 C. The county further covenants and agrees that should it terminate this contract pursuant to the provisions of Paragraph IV~ B., supra, it will, in that event, during the three-year period of time following such notice of termina- tion, proceed to cause compliance with any and all then applicable statutory provisions and directives of the State Water Control ~oard, or other proper authority, in the matter of collecting, treating and disposing of wastes orlginatinj within the areal and that if, within said period of three years the county has not been able to cause facilities for treating wastes orl~lneting within the area to be completed, it will continue to have normal domestic and commercial wastes originating within the area treated by the city under the terms and provisions of this contract. VIII. TE~M OF CONT~ACT~ Unless terminated as hereinabove provldedfor, this contract shall continue in full force and effect until October 16, 1971. WITN'LS$ the followin~ signatures and seals. CiTY OF ROANOKE, By Mayor ATTEST: City Clerk ATTEST: BOkRD OP SUPFR, VISORS OF ROANOKE COUNTY By Chairman" The draft of contract having been read in its entirety, Hr. Waldrop (#12R32) A Rv~0LL~ION approving a contract reco~.~ended by a committee pursuant to which the City will treat certain wastes orig!natir~ within defined areas of the County; directin~ the City Clerk to transmit an attested copy of said contract to the Board of Supervisors of Hoano~e County; conditicna11~ authorizing the Mayor and the Clerk of the City of Hoanoke to execute the same for and on behalf of the City; and provfdin~ for an emergency. (For full text of Besolution, see Ordinance Book No. ?0, Page ~. Waldrop moved the adoption of the Besolution. The motion was seconded by Mr. Webber and adopted by the followin~ vote: AYF~: Council members Hanes, Puckett, ~aldrop, Webber, Young~ and the President, Mr. Woody ................ 6 NAYS: None .................. O. (Mrs. Pickett absent) In this connection, Mr. T. L. Plunkett, Jr., Attorney, representin~ Harris and Davis, Incorporated, appeared before Council and stated that the contract which it has approved does not contain the description of his clients~ property as requested by the County of Roanoke and that his clients are preparing to start construction of their sewers i~ediately. Mr. YounC moved that Council indicate its intention of Includlng the subdivisions of Harris and Davis, Incorporated, and Mr. Carl A. Montgomery in the contract upon the applicatton of the county~ if presented to the next meetin~ of the body. The motion was seconded by Hr. Hanes and adopted. HOTIONS AND HISCELLA~OUS BUSINESS: BUILDING C0DEz Council havin~ been &dvised that the term of Hr. David Dick as Chairman of the Board of Appealj Building Cods, will expire on September JO~ 19~4~ and that Hr, Dick does not desire to be Chairman For another term, Hr. Young moved that H~, David Dick be elected as a member of the Board of Appealt Building Code, for a term of five years beginning October It 19.~4~ end that P~. Clarence H . Hawkins~ a member of the Board, be elected as Chairman Of the Board for the remainder of his term. The motion was seconded by Hr. Webber and adopted, CIVIL DEFEnSE-SCHOOLS: HI~, Waldrcp stated that he Is very anxious to have all Of the school children attending the Roanoke City Public Schools trained in e standard first aid course prior to thel~ graduation, that since havtn~, the matter placed on the agenda he has talked to the Civil Defense Coordinator ~'ho has advised him that several conferences have been held ~lth Dr. Eo ~. Nushtcn, S~perintendent of Schools, and other school officials, and that it ts hoped that a Standard Ned Cross First Aid Co~rse ~ill be co~pleted For all chlldre~ graduatlnF From the high schools by the end of thts year. Afte~ some discussion, Hr. ~aldrop ~oved that Council go on record as approvin~ any action o£ the ~chool authorities to institute standa~i first aid tralnln~ in the schools. The motion ~as ~econded by Hr. Young and adopted. STADIUH: ~ro ~aldrop stated that he believes the city should take action to insure better policing at the football game~ at the Huntclpal Stadium ard ~as advised by the City Hana~er that he has held consultations ~fth Captain Prank H. ~ebb, SnperIntendent of Police, and Dr. E. ~. B~shton, Superintendent o£ Schools, on the matter and that future Fa~es ~lll have better policin~o TRAFFIC: F~. Hanes stated that he has observed considerable dIf£ic~lty Jn traffic getting through the Intersection of Brandon Avenue and Nsin Street, S. ~°, and moved to Pefe~ the matter to the City Hanager for consideration and the possibility of placln~ a traffic light at the intersection. The motion was seconded by N~. Young end adopted. There being no further business, Council a~ourned. APPROVED 489 490 COUNCIL~ RE(}ULAR Ho~day, October 4, 19~. The Council of the City o£ ~oanoke met In regular meetin~ in the Council Chamber in the Hunicipal BulldinF, ~onday, October 4, 19~, at 2:00 oJclock, p, m., the regular meeting hour, with the President, ~k~, ~oody, Presidl~o PRESENT: Council members Hsnes~ ~uckett~ ~eldrop~ ~ebber~ Youn~ end the President, Hr, ~oody ................... 6. ABSENT: ~rs. Pickett ........... 1. O~FIC~HS PRESENT: ~r. Arthur S. Owens, C~ty ~naFer, Mr. James N. E~n~anon Assistant City Attorney, Mr. Harry H. Yafes, City Auditor, and Mr. J. Robert Thomas, C~ty Clerk. ~e meet~nF was opened w~th a prayer by th* He~ere~ W. W. Hayzlett~ Pa~to of the Helrose Methodist Church. ~I~S: Copy of the m~nutes of the rezul~r meet~n~ held on Monday, Septemb. 27, 19~, hav~n~ been Furnished each membe~ of Council, upon motion of Mr. Webber, =econded by Mr. Ycu~ and adopted, the read,n7 ~as dlsFenmed w~th a~ the ~nutes approved ,s recorded. ~A~i~G 0~ CITIZENS U~0N PUPLIC MATTF~S: STREET CLOSING: Not,ce of a uubllc he'~rlnF on the arpl~catlon of Messrs. ~. A. InFram and Elbert H. Waldron to have permanently -acated, d~scon~nued and closed Pen~yd Avenue, N. E., and that portfon of Leonard Street, N. E., ~outh the south l~e of Paru~a Avenue, N. F., am sho~n and des~Fnated on the Map of Glen Eden, havtn~ been published in th~ Hoanoke World-News, set~nF the f~me the hear~nF at 2:00 o'clock, p. m., ~Io~ay, October 4, 1954, the matter was before Council. No one aDpear~ ~n o~posltlon to the clos~n~ of the streets, and no co~unfcatlons on the subject having been received, Mr. Webber moved that Councll concur ~n the reco~ne~at~on of the City Plannlnz Comnlss~on that the streets In question be closed and that the Attorney for Messrs. Insr~ and Waldron prepare the proper Ordinance, to be approved by the City Attorney, for consideration the nex~ reFulam mee~tnz of the body. The motion was seconded by Mm. YounE and adopted. P~ITIONS A~ COmmUNICATIONS: TR~IC-STRE~ ~IDENING:A petlt~on fron the Southeast C~v~c ~ague, reque~fnF that the curb be mo~en back to the sidewalk on bo~h s~des of Jameson Avenue, S. E., ~n the 1200 blook, ~n order ~o w~den the street and relieve the congested cond~tlon of traFfXc, was before Council. In th~s connection, the City Manager reported ~hat a careful survey of the proposal has been ~ade by himself a~ the Director of Public ~orks and that to comply with the request of the Southeast Civtc Lea~e would widen the street on each s~de abou~ twenty-four Inches at a cost of ~,2~O.O0, ~1ch ~n his Jud~ent ca~ot be Just~fXed. ~. YounF polnted out that In the w~denln~ of a s~reet noth~n8 can be ~aln~ unless the overall width of the street will be In multiples of ten feet s~nce requires ten feet For a traffic lane. ~. Webber m~ved to refer the matte~ to the C~ty ~4anager Fom study and consideration of the traffic lanes ~h~ch the street m~Fh~ acco~odate. The was seconded by Mr. Hanes and adopted. BUILDINO COD£: The City Clerk presented a co~unicetlon from Mr. Randolph Frantz~ tenderinE his resl~nation as a member of the Board o£ Appeal, established by the Building Code, effective immediately. Hr. ~aldrop moved to accept the resignation. The motion was seconded by Mr. Youn~ and adopted, POLIC~ D~FA~TWENT: A com~unicatlon was presented to Council from Hr. Fdwa~d H. Scott, suggesting that the Chief of Police be designated "Ma~or' in order to distinguish him from other Captains in the Police Department. Hr. Youn~ stating that the matter s~ears to be an administrative one, movec to refer the matter to tho City M~*nager for such action as he dee~s proper. The motion was seconded by H~. Webber and adopted. ~F~U~$ A~ R~ATES-TAXES~ A co..~.,unlcation from Miss Dorothy M. smith, advlsln~ that her father, Mr. Harry C. $~lth, has erroneously paid 195~ taxes in the a~ount of ~RS.O? on the pr~,perty of another H. C. 5mith, as a conseouence of which 195~ taxes on her father's property have ~one delin4uent and are now due in the anount of $~5.R~, plus penalty and interest, maklnF a total of approximately /60.00, and requestin~ reimbursement of the a~ount of ~8.02, which was paid in error on the other person~s property, and transmittlnF a copy of an opinion of the City Attovney*s office to the City Treasurer, advisinc that the Treasurer has no authority for a refund of such taxes, was before Council. Mr. Hanes ~oved to r-for the matter to the City Attorney with a recuest that he contact both pa~ties and attempt to ~ffect a settlement between them of the matter and report back to Co~mcll. The motion was seconded by Mr. ~aldrop and adopted.. HOANOKE ~AS CO~FARrY-S~A~= CO~P©~ATION C0:!~!$SiON: A com,~unicatlon from the Hoanoke Gas Conpany, advisinF that said company has applied to thc State Corporatlo~ Commission for a Purchased G~s Adjustment to be incorporated In its tariffs and transmitttn~ a copy of its appllcation to the Co~ission and the Commission's O~der settln? a hearin~ on the matter in the Courtroom of the State Corporation Co-~fssion in the State Office Buildtnc, Richmond, ¥irginla, at 10:00 o*elock~ a. m. October 11, 19~, was t,resented to Council. H~. John C. Pamrott, President of the Hoanoke 6as Company, appeared and advised Council that in 19~0 when the Gas Company introduced the use of natural Eas It cut ~as rates twenty per cent, that since that time gas costs have practically doubled by reason of Federal Power Co~nission action in ralstnF the rates of natural Cas delivered to the company, that the Oas Company is not asking for an increase in rates now since the increase in volume of s~les has offset the increase in cost of cas~ stating, however, that continued rl~e in th~ cost of gas delivered to the company micht reduce lt~ earnings to the point where a rate lncrea~ will he necessary, Mr. Parrott further pointing out that hi~ company is in a hlghly competitive business and will not be interested in pricing itself out of the market. ~m. Webber asked would the granting of the Purchase Gas Adjustment clause take away from the State Cot/oration Co~nlssion and give to the Federal Power Commission Jurisdiction o~er the rates charged by the Hoanoke Gas Company. In reply, Mr. Parrott stated that it would to a certain extent, however, lh e iHoanoke Gas Co,~Dany would always appear against rate increases since they would tend to place the co~pany in ~n unfavorable position in the market. 491 492 H~. Young inquired, ~hat, if anything, the company is asking Council to do. to which Hr. Parrott replied that no action la requested of Council, but that his company feels as a matter of courtesy it should advise the body of any action or plea it might make to t~e State Corporation Co.lesion ~hich concerns the people of the City of Roanoke. Mr. Mebber then stated that since the matter ia one that co.es under the Jurisdiction of the State Cot[oration Co~lsalon he feels the matter should be left in the Co~ission*a hands and ~oved to take no action. The motion ~as seconds by ~. Fuckett and adopted. ~-CO~FE~SATION B0~D~ Council at its meeting of ~eptenber ~7, 19~, having instructed the City Clerk to advise the State Co~ensation Board that the city ~ould not be in a position to deal wXth the ~atte~ of fixing salaries and expenses of the con~titutional officer~ o~ the city for the 1955 calendar year until 1~ ~tarts its buaEet study ae~tons For the city, the City Clerk pre~ented a communication fro~ the Compensation Boa~, advl~InF the body that con~titutional officers ~hould f!le with the Board, as required by law, their budret request~ 19~5 p~ior to th~ ~th or October, 19~ a~ that the ~oard ~111 proceed with its hearinFs on the request~ Thursday, October 7~ 19~, but that any reco~endations which Council might ~t~h to sake to the Co~pensatlon Board ~ith re~pect to the matt.r ~111 b~ pecan careful consideration if ~ecetved prior to Decembe~ 10, 19~h~ and, further, that ~hould the City Council not b~ ready to make reco~endatlons prior to ~at date, then, under the la~, it has thirty days afte~ the ce~tiflcatio~ by the Compen~atlon Board of budcet allowances In w~ich to ~ubnlt reco~endations ~. ~aldrop moeed that the co~unication be filed, The motion ~as ~eco~ed by ~. FUckett and adopted. ZONINg:A co~unlcation from ~ra. Ha~ ~. ~ite, a~kinF that property located on the ~est side of Second Street, N. E., approximately 1~ feet ~outh of Hart Avenue, Of~Iclal No. 2020~31~ be ~ezoned from General Residence Dlstvlct to Busine~ Dlstrlc~, ~as before Council. Hr. ~ebber norad to refer the ~equest to the City Flannin~ Co~mlsslon fo~ ~tudy a~ reco~mendation. The motion ~as seceded by Er. Hane~ a~ adopted. In this co~ection~ ~ouncil having previously received a r~quest from ~alph A. Glasgow that hfs property between Orange Ave~e and ~alelgh Avenue, N. E., west of ~econd Street, OFFicial Nos. 2020hP8 a~ 20Y04~, be rezoned from General Residence District to Business District, which request was tabled pending action on a petition to the Court oF'~aw and Chancery fo~ m ~it oF certiorari ~o~ an o~de~ oveu~ullng the Board of Zoning A~peals oF the City oF Roanoke a~ asking that an order be entered by the said court permitting the uae of the real estate in cuestion FoP co~ercial purposes, it was brought to the attention oF the body that a de~ur~ep f{led by the City Attorney In the case has been sustained and that the petition of Mr. Glasgow has bee~ dfs~issed; whereupon, MP. WebbeP ~oved to ~efer the request of ~. Glazgow to the City ~lannlng Co~Ission for study a~ reco~endation to Council. The ~tion was seconded by ~. Hanes and adopted. REPORTS OM BUDG~-CO~{SSIO~ OM R~N~: The City Manager presented a co~unication from F~. Ja,es A. A~strong, Co~issioner o~ Revenue, requesting an ap~ropriation of $1P0.O0 For travel expenses, In order that three persons fro~ the office oF the Commissioner of Revenue may attend the ]Sth Annual Convention of the of Revenue Association of ¥1r~lnia to be held in Rlchmor~d, October ?~-~3, 1~. Hr. Webber moved to grant the request in the eu~ of ~0.00 to cover the expenses of the Com~Issioner o£ Revenue attendin~ such meetin~ and offered the followin~ emergency Ordinance~ (#1~33) AN ORD~ANC~ to a~nd a~d reordain Section ~, 'Commissioner of Revenue", of the i~S~ Appropriation Ordinance, and providin~ for an emergency. (For full text of Ordinance, see Ordinance Book Ho. ~O, Pa~e R61.) Hr. Webber moved the adoption Of the Ordinance. The motion was seconded by ~r. H~nes end adopted by the following voter AYHS: Couocil members Hanes, Puckett, ~aldrop, Webber, ¥oung~ and the P~esident, Hr. ~oody .................... NAYS: None ...................... O. (Mrs. Pickett absent) G~ADE CROSSINOS= The City l{anaFer reported that under the provisions of the a~reement between the Commonwealth of 7t~lnia, City of Hoa~oke a~ the and Western Railway Company fo~ the construct[on of the Jefferson Street Orada Crossinz Ell~,lnatlon Viaduct and Prelect the city is authorized to employ an inspector on the p~o~ect, to be char~ed to the pro,oct account, and requested authority to employ such an insFecto~ at a salamy of ~3~0.~0 per month, such e~ployment to c~nttnue until the project is co~4~leted, an estimated t~me of eighteen months, ~-hich will involve an e×penulture of approximately ~6,300.O0, the C~ty Manager advlsln? that this has been cleared with the Vir~Inia Department of Hl_mhways. Mr. ~ebber moved to refer the matter to the City Attorney for preparation o£ the proper ~esolutton, providfn~ for the employment of the ~nspector under the control Of the City Manager and the chargln~ of the salary to the pro,eot costs. The motion was seconded by Hr. Yuckett and adopted. STADIUM: Council at its meettn~ of September PT, 19~, havtn~ r~fe~red to the City Attorney the question of the legality of ustn~ bond funds remainin~ in the Armory, Stadiu~ and Athletic Field Account fo~ the construction of a pedestrian brld~e from ~aher Field to South Boanoke Park, the City Attorney in a written opinion advised that in his Jud&~ment the construction of adequate means of and e~ress to and from such an undertaklnz constitutes an integral part of it and, accordlngly, it is his opinion that any residue of such funds may be lawfully spent for the construction of such a pedestrian h~ld~e should it be the will of Council. by M~. Webber and adopted. S~POHTS OF WATER D~P~T~: Council havlnc previously referred to a co~mtttee consist of Hr. Arthur S. Owens, Councilmen Roy L. Webber and ~alter L. Young, Messrs. Harry H. Yates, Randolph G. %~nlttle, H. Flatus ~royles and Charles E. Moore for investigation and reCo~endat[on the question of relocation of the Water Department equipment and supply yard, the co~ittee submitted a report transmitting plans and specifications for buildings to be erected on the Water Department's material yard in Northeast, reco~endin~ that Council approve such plans and specifications smd direct the City ~ana£er to call fo~ bid~ For the erection and furnishin~ of 493 494 HI'. Hanes moved to concur in the report o£ the committee and direct the City Manager to call for bids as specified in the report at the earliest possible date. The motion was seconded by ~o ~uckett and adopted, UI~'INISHED BUSI.~ESS~ CF~E~RATIONS-CITY GovgRh~Fh~: The co~unication o~ ~, Shield~ Johnson, advisinF Council that In 1~ Roanoke ~ould be ~e~enty-Five year~ old sugFestin~ that plans be laid fo~ a 7~th, o~ Dlamo~, Annlversa~, havlnF been lald ove~ from the meetin~ of Septembe~ ~7, 19~, was azain taken up. HP. ~ebbe~ stated that In order to make the celebration a =uccess~ul one, It ~ould require a considerable amount of ~lannln~, a~ offered the followln~ ~e~olutlon: (~12P~) A ~20L~ION appolntInc a Steerln[ Committee to lay pl9n~ for the celebration of the 75th Anniversary of the City of Roanoke. (For full text of Resolution, see Ordinance Rook No. PO, Page 262.) Y~. Webber moved the adoption of the Resolution. The' motlon was seconded by Mr. Waldrop and adopted by ~he followI~ vote: A~S: Council members Hanes, Yuckett, Waldrop, Webber, Young, a~ %he President, Mr. goody .......................... 6. NAYS: gone ............................ O. (Mrs. Plckett absent) SF~R CONSTRUCTIO~-%JATER DEPARTment'S: The request of ~he City i~anafer for autborXty to proceed w~h the installation of sanitary sewer and water lines in and the pavement of Kyle Avenue, N. E., from HollIns Road to the property of ~he M~ller Container Corporation, havlnv been laid over fron ~he meet~nv of Septezber ~7, 19~, was a~aln taken up. ~r. Waldrop moved to concur in the reco~endat~on of the City Eanager and offered the following Resolution: (~12235) A RKSOL~;TION authorizing the construction of certain public ~m~rovements in Kyle Avenue, N. E.; provfd~n~ for the payment ~herefor; and prov~d~ (For full text of Resolution, see Ordinance Rook No. 20, Page 263.) Mr. ~laldrop moved the adontion of the Resolutfo~. The ~otIon was seconded by Mr. Puckett and adopted by the followinF AYFS: Council me~bers Hanes, Iuckett, Waldrop, Webber, You~, and the President, Mr. Woody .................. 6. NAYS: None .................... O. (Mrs. P~ckett absent) STRE~ CLOSING: Council at its meetinm of September 17, 195h, hav~ng to the City Plannin~ Commission for study and reco~e~at~on a petition from the Miller Container Corporation and the Norfolk and Western Railway Company, requesting ~hat Ontario Street, N. E., lying on the land of the Miller Container Corporation, being 30 feet in width and approximately 78~.12 feet in length, be permanently vacated, discontinued and closed, the C~ty Planning Co~iss~on reported that the official clon~ng of ~hat portion of 0ntarlo Stree~ referred to ~n the petition would not adversely affect %he ri~h~s of nearby property owners or be contrary to the Interests of either the public or the City of Roanoke and recommended that Council grant the request of the pet~tfoners. ~. Webber stated that a public hearing on ~his matter ham been set for 2:00 o'clock, p. m., October 11, 1954, a~ moved to lay ~he matter over until that t~me. The motion was seconded by Mr. Waldrop a~ adopted. .! BUDGET: The request of the City Manager for certain appropriations and transfers in appropriations having been laid over from the meeting of September ~?, 19~1S, and discussed at an informal meeting of Council on September 30, 195h, wes again before the body. The City Manager presented an analysis of the insurance premlun on auto liability insurance, an appropriation for the premiums of which had been requested, and asked that the matter be laid over for one more week. }ir. Hanes moved to place the matter on the aee~a for the next meeting of Council. The motion was seconded by F~. Puckett and adopted. CONSIDFRATION 0~ CLAIMS: None. INTRODUCTION Aim ¢O'ISIDERATION O? O~DINANCFS A~$ RFSOLUTIONS: SE~AOE DISPOSAL: The County of Roanoke having requested the addition of two areas to the contract adopted by the Council of the City of Roanoke at its meeting of September ??, 19~J4, between the City of Roanoke and the County of Roanoke, for the treatment of domestic and co~nerclal wastes, Nr. Hanes offered the following Resolution: (~iPP36} A R~SOLUTION add!n~ two additional dofined areas to the contract of September 28, 195~, between the City of Rosnoke and (he County of Roanoke, dealing with the treatment of domestic and co%mercial wastes: and provtd~n~ for an emergency. (For full text of Resolution, see Ordinance Book No. P0, Page P63.) Mr. Hanes moved the adoption of the Resolution. The ~otlon was seconded by Mr. Waldrop and adopted by the follow~ng vote: AYF~: Council members Hanes, FUckett, Waldrop, Webber, Young, and the President, ~r. ~oody ...................... 6. NAYS: None ........................ 0. (Mrs. Pickett absent) WATER DEPkRT~NT: Council at lts meeting of September ??, 19~, having concurred in the request of the City Manager for authority to install a water connection in MannlnE Road, R. F. D. 3, Roanoke County, Virginia, to serve the property of Mr. F. M. Aldrldge, Er. Puckett offered the following Resolution: (#12237} A HF£OLUTION authorizing the installation of a water connection in Manning Road, R. F. D. 3, Roanoke County, Virginia, to serve the property of F. ~. Aldridge. (For full text of Resolution, see Ordinance Book No. ?0, Page ~65.) Mr. Puckett moved the adoption of the Resolution. The :not~on was seconded by Mr. Hanes and adopted by the following vote: AtT-S: Council me~bers Hanes, puckett, Waldrop, Webber, Young, and the President, Mr. Woody ................... 6. NAYS: None ..................... O. (Mrs. Pickett absent) MOTIONS AND MISC~LLANEOUS PUSINE..SS: WATER DEPART}~E~: Mr. ~lifford M. Guill~ams, 3~11 Ventnor Road, S. E., appeared before Council, statSng that the well h~s gone dry on the property of his father, Hr. Geno F. Gutlliams, 1~23 Eanes Street, S. E., approximately 500 feet from Ventnor Road, that a wster main exists in Ventnor Road, and requested the body to authorize the installation of a servlce In Ventnor Road and permit the construction of a 2-inch water main from said service to his father's property. 495 496 Hr. Waldrop moved to refer the matter to the City Manager. The motion was seconded by [~. Webber and adopted. Therebeing no further business, Council adjourned. AP I~HOV£D COUIICI.~ ~ RI~ULAR Honday~ October Thc Council of the City o~ Roanoke ~et in resularmectir~ in the Council Chamber in the Hunicipal Bulldl~, Monday, October 11, 19~, at 2tOO o~clock, p. m.s the regular ~eetin~ hour, with tho President, Hr, Woody, preaiding. PF~ESENTz Council me~bere Hiness Fuckett) Waldrop, Webber, Youngm and tho President, Hr. Woody ............. ABSRLT~ Hrao Pickett ..... OFPICEI~ PRESENT~ HI'. ~t~thul- g. Ovens) City Hanager, H~o James g. Klncenon ~ssistant City Attorney, H~o Harry R. Yatesf City Auditor, and Hi,, J. Robert Thomas, City Clerk. ' The meetin~ was opened with a prayer by the Reverend D. L. Heglarm Pastor of the Trinity Lutheran Church. HINOTESt Copy of tha minutes of the re~ularmeeting held on Hondsys Octobe: ~, 19~4, having been Furnished each member of Councll~ upon motion o£ Hr. Waldrop, seconded by Pa-. Hanes and adopted, the raadin~ waa dispensed ~ith and the minutes approved as recorded. HEARING OP CITIZENS UPON PUBLIC HATTERS~ STREE~ CLOSINGt A petition from the Hiller Container Corporation and the Norfolk and Weatern Railway Company havin~ been Filed ~ith Council at its meatir~ of September 13, 19~, requesting the closing of Ontario Street, N. Eo, lyln~ vithin the land o~ the Hiller Container Corporation, alor~with an affidavit of the City Sergeant that notice o£ the Hiller Container Col~poratton and the Norfolk and Western Railway Company, in connection with the cloeir~ of said Ontario Street vas posted in three public places at least five days prior to the date of application, and Council at said meetin~ havins, by Resolution No. 1~221, appointei Hecate. R. L. Rush, J. O. Do Copenhaver, James A. Ttwner, James Header and E. P. Jamison as viewers to vie~ tha said attest and report, in writing, vhether or not in their opinion any inconvenience ~ould result from fol~nally vacatl~, discontinu- lng and closin~ said street, and at the aais meetin~ Council havin~ sat a public hearin~ un the matter flor 2:00 o~clock, po m., October 11, 19~, and havin~ referred the matter to the City Planning Comalasion for study and reco~nendation~ and the City Plannin~ Commiaalon havin~ reported to Council at its meetir~ of October ~, 19~4, reco~mending that Council irene the request o£ the petitioners and permanently vacate, discontinue and close the street, 'the Hayer announced that Council would hear any person for or a~ainet .the closing of the arrest° The City Clerk read the a~fidavit of the viewers wherein it Was stated that they did faithfully and impartially ascertain by personally ~oir~ upon and viawlnS the premises that no inconvenience would result to any individual or to the public by formally vacating, discontinuir~ and closir~ that portion of Ontario Street. There vas no appearance in opposition to the closing of tha street. H~o Webber moved that Council concur in the reco~endation of the City Planning Commission that the request of the patltionera be ~anted and that the followln~ Ordinance be placed upon its first reading. The motion was seconded by H~. Puckett and adopted by the followlnS vote~ AYES: Council membera Hanes, Puckett, Waldrop, Webber~ Young~ and the President, Hr° ~oody ........................... 497 498 IL~Y~ None ................. Oo (H~ao Pickett absent) (~1~2~8) A~ O~DINANCE vaeatir~, discontinuins ~ closi~ Ontario 5treet~ N. g. lyi~ ~olly on t~ la~ o~ the Hiller ContaineP Co~o~ation~ housed on the Meat by the ~l~t-of-way off the No~folk a~ ~entern Railway Co~a~. on the 5outh by the la~ o~ H. N. Day~ a~ on the No~th by the 1~ o~ H. E. Hall~ bel~ 30 In width a~ approximately 78~.12 feet in le~th~ all within the.City of Roa~ke. ~. the Norfolk & Mestern Railway ~omp~y ~d Hllle~ Containe~ Cor- poration have heretofore filed a petition b~fore City .Councll~ ~n accolade ~lth law~ requestl~ Council to vacate~ discontl~e a~ close Ontario Street~ N. E. lyins ~olly on the la~ o~ the ~lle~ Containe~ Co~po~ation. housed on the ~est by the rl~t-off-way o~ the No~folk ~d ~estern ~allway Compa~ on the South by the la~ o~ H. N. Day. a~ on the North by the la~ o~ H. E. H~I. bel~ 30 feet In width a~ approxiaately ~6~.1~ ~eet In leith, all within the C~ty off Ro~oke. Vlrslnia. a~ as to the fllinE oF said petition due ~tice was ~lven to the public as required by law. a~ ~. in acco~ance with the said petition, viewers sere appointed by Council to view the property a~ to report In wrltl~ what inconvenience. Iff ~ould result ffrom vac~tl~, discont~nul~ a~ closl~ t~e street above referred to~ a~ ~. It appears ff~m the report ln~ltl~ filed with the City Clerk. toEether ~lth the ~fidavl~ oF said viewers, and a rem~endatton oF the Co~ls~ion to the City Council on the 2~nd day of September~ 19~. that no lnconve~ence could result either to any IMlvidu~ or to the public From vacatin~. d~scontinuin~ a~ closl~ the said street above described~ to ~hich report no exceptions h~ve been filed. ~. ~te~ due notice published In the Roanoke ~o~ld News on the 16th day oF September. 19~. directed to ~y person interested In the vacatin~, disconti a~ closl~ of that portion o~ 0nt~lo Street as set fforth ebove~ a ~vblic hea~lng was held before the City Council off the C~ty oF Roanoke at 2:00 P. H. on October 11. 1~. at ~hich hearl~ no one appe~e~ ~ offfered any objections ~hy the ~o~esaid street should not be vacated~ discont~nved~ ~d closed~ ~ ~. In the opinion off the City Council of the City oF Roanoke. the vacatins, discontlnul~. ~d cloainE o~ ~at portion off Ontario ~t~eet as set herein would ~eault in ~ ~nconvenience to any l~lvidual or to the public~ ~ ~. the petitioners have a~reed to be~ ~ deffray the costs a~ e~e~es incident to the closin~ off the said st~eet~ T~ORE. BE IT O~AI~. by the Council off the City o~ Roanoke. that Ontario Street. N. E.~ lyi~ ~h011y on the la~ oF the Hllle~ Container Co~oration. housed on the ~eat by the ~l~t-of-way oF the No~ffolk ~estern ~all~ay Co, my. on the South by the la~ of H. N. Day. a~ on the North by the la~ off H. E. Hall~ heine ~0 ~eet In ~ldth a~ approximately ~6~.1~ feet in lenEth, all within the City off Ro~oke. Vlr~lnia. be and the s~e la hereby vacated~ discontinued ~d closed. ~e City off Roa~ke. however, reservl~ unto ltselff a public ease~nt to maintain ~ present o~ ffuture sewe~ o~ water ll~s t~e~ein a~ the rl~t o~ i~ress ~d esress ffo~ the maintenance a~ repal~ the~eoff. BE IT Fl~Tltl~ ORDAIh'~D that the City Enzlneer b~s and he il hereby directed to mark efer~nently Vacated, Dla¢ontinueds and Closed" the said street above referred to on all ~apa and plate on file in the Office of the City Rn~lneer of the City of Roanokes Virginias on which said maps and plats aaId street Il ahoen referrir~ to.the book and paBe of Resolutions and Ordinances of the Council ida.rein this Ordinance shall be apr, ad.. BE IT FURTI~B OBDAINI~D that the Clerk of this Council deliver to the Clerk of the Huetir~e Court for the City of Roanokes Virginia, a copy of this Ordinance in order that said Clerk may make proper notation on all maps or plata recorded in his said office upon vhich are shown the slid street herein psmaanently vacated, discontinueds and closed as provided by law. The Ordinance having'been reed. was laid over. ZONINO= A pe'titlon of N~o Roy R. Pollard, Bt.. ard Virginia Pollard, having been presented to Council at its meeting of July 12, 19~4s by their'Attorneys P~o Morton Roney~ans requesting that Lots 9, 10, and 11s Block ~s Barbour Heightss located on the corner of Brandon Avenue and Main Street, $. W., be rezoned from 6eneral Residence District to Business Districts and advising that conditioned upon the property-being rezoned, aa requesteds ~. and llreo Pollard would zlve the city the desired portion of Lot lis Block ~j Barbotw Heights, not to exceed fifty*five feet on Brandon Avenue. for accompllahir~ the changes to the intersection of Brandon Avenue and Main Street and~herwood Avenue, as shown by the City Engineer's map dated June lbs 19~4, and Council at said meeting havlng refer~ed the request to the City Planning Commission for study end recommendation, and the City ~lannir~ Commission having reported to Council at lts meeting of August 23, 19~, that in its oplnion the use of the property concerned for business purposes would increase traffic hazards existing at the intersection of Main Street and Brandon Avenue and that rszoning of the property would be contrary to the best interests of the public. ~urther that In view of the investment of the property owners of the several existing residences in the block in question the Comiseton felt that the rezoning of the said lots and any business uses made thereof would adversely affect'ih, value o~ the homes and make the area less desirable for residential purposes, and that in consequence of which it.is the recommendation off the City Plannin~ Commission that the request of the petitioners be denied, and Council having [et a public hearlng in the matter for 2=00 o'clock; po m., October 11, 19~4, and proper notlcetiasreof having been published~ the Mayor a~uounced that the hearing is open to hea~ persons for or aBainst the proposed rezoningo M~. Honeyman appeared and stated that in the opinion of hie clients the offer to donate land flor the proposed change, to the intersection of Brcndon Avenue, Main 5treat andShem~ood Avenue would more than offset any damage to the property in the area and called attention to the fact that the corner across the street already has business establishments and that there is a filling station and store at the corner of Brandon Avenue and Brambleton Avenue, $o W., about a block away, further that there are numerous business establishments along Brandon Avenue from its intersection with Franklin Road to the corporate limits. the City Planning Co~lssion and deny the request of the petitic~ere. The motion ~as ~cc~nded By Hr. ~ldrop and adopted. 499 5 00.- PETITIOL~ A~) C0~2~UNICATIO~St S?RE~T LIGHTer The City Clerk presented a communication from the ~ppalachian ~lectric Pover Co~pan~. advising that durl~ ~e ~onth o~ ~epte~er. 19~ the co~a~ installed t~enty-ei~t 6~0 l~n st~eet li~ts ~ one l~enstreet li~t ~ re~ed fourteen 2~ l~en street li~ta ~ithin the city. The con,cation uae o~ered C~ JAILt A co~nication fro~ the Department o~ ~elfare a~ Institutions o~ the Co~on~ealth~ adv[s[~ that the City Jail uae i~pected on ~eptembe~ 19~, a~ tr~saitti~ a report o~ said i~pection, uae before Council. ~. ~ebbe~ ~oved to file the co~nication. ~e motion uae seco~ed by ~. ~ald~op ~d adopted. ~. Hanes then moved to request the C~ty ~age~ to investigate the possibility of preparl~ an isolation ~om ~n the City Jail a~ to prep~e an estimate of the cost thereo~ a~ to submit a report to Council du~l~ the budget study session. The motion was seco~ed ~ ~. You~ a~ adopted. POLICE DEPA~ A co~nication from the Department o~ Welfare and Institutions of the Co~o~ealth. tranamittl~ a report of ~ inspection off the city police loc~p made on September ~2. 19~, was befo~ Council. ~. You~ moved that the report be f~led. The motion was seco~ed by ~. Webber a~ adopted. TR~IC-GR~E CROSSING3: ~e City Clerk presented a co~nication From R. G. ~lbertaon, advising that he has noticed a ~ber of street signs ~n the area oF const~ction o~ the Jeffferson Street Grade Crossing Elimination V~aduct a~ Project ~Ich he feels should be taken down ~d preserved since the streets are closed to public travel. ~e City Han~er reported that all signs were removed from the area a week or ten days ago. ~. Wald~p moved that the co~nication be filled. The motion was se~ed by ~. Puckett and adopted. BR~-ST~: A co~unication fromm. R. G. Culbe~tson was presented to Council, In which he suggested that the legality of the use off a~o~. stadl~ a~ athletic Field bo~ ffu~s for the co~t~ction of a pedestrl~ bridge over Ro~oke River at H~er Field be investigated beffore such ffunds are used fo~ that pu~ose. The City Clerk advised that the City Attor~y has ~ndered a legal opinion to Council on this ~tte~ at its meetl~ of Octobe~ ~, ~. Puckett moved to ff~le the co~nication fromm. ~lbertson a~ that th~ City Clerk t~smit a copy off ~be opinion of the Ctty.Attor~y on the matte~ to ~. ~lbertson. ~e motion was seco~ed by ~. H~es a~ adopted. ~G~ ~ VIR~INIA~NICIPA~I~: The City Clerk presented a co~n~cat~on ~rom the ~a~e of Virgins ~nicXp~lties. tra~mittl~ copies off resolutions passed by the convention of ~e Lea~e at Roa~ke on Septe~er 21~ 19~, e~ressing appreciation to Co~cll, dep~tment heads, its co, trees ~d ~e Rec~eation~p~t- ment rom the hospitality ~d ente~tal~ent provided by the city fo~ the co~ention, ~ advised Co~cil that copies of the resolutions have been tra~ltted to the City H~age~ flor the i~o~tion of ~ose co~erned. The co~lcation was ordered filled. .! / ZONIR0t A petition from Ruth Patsel Peters, Harry L. Patsel and Dorothy Pateel Hess, requesting that their property located on the south side of Route 460 at the western c?rporate limits of the city, containing 2~o~19 acres, Tax Hap No. 2751701, be reached from General Residence District to Business District, was before Council. · ~r. Waldrop moved to refer the petition to the City Planning Commission for study amd recommendation° Tho motion was seconded by Mr. Hanes and adopted. In this connection, Hr. Young stated that the city has attempted in the past to' secure-this property for park and municipal purposes, but that at that time Council was advised thattwo elderly people lived on the property and the City Manager recommended against proceeding to acquire the property, however, this condition apparently no longer exists, Fr. Young moving to instruct the City Manager to attempt to secure an option for the purchase of the property in question for municipal purposes and to report to Council. The motion was seconded by Fr. Puckett and adopted. REPORTS OP OFPICERg= CITY PROPERTYt Council at its meeting of September 27, lq~4, having referre¢ to the City Manager the question of razing all, or a part, of the buildings on the north aide of Church Avenue, S. W., between Second Street and the School Adminl~tration Building, and using the land for parking purposes, the City Manager reported that the buildings are in need of considerable amount of repairs involving a substantial expenditure of money and that in his opinion, after considering all the aspects of the situation, the property would be more valuable as a parking area, and recommended that all of the buildings be razed. Fr. Webber moved to concur in the report of the City Manager and to lnstruc~ the City Attorney to prepare the necessary Resolution, directing the razing of said buildings, and notices to the tenants of the property to vacate the property by December 31, 19~, the said Resolution to be presented to Council at its next regular meeting. The motion was seconded by Fr. Puckett and adopted. AIRPOR?t The City Manager presented a letter From the Civil Aeronautics Administration, advising th~ $60,000.00 has been tentatively allocated as the United States* share of allowable costs in performing the following Airport developments:' eLand acquisition for runway extension and 'Doolittlet clear zone~, and recommended that the letter be referred to the Airport Committee. Fr. Hanes moved to concur in the report of the City Manager and refer the letter to the Airport Committee. The motion was seconded by Fr. Puckett and adopted. HEPORTS: The City Manager presented ~ritten reports from the Roanoke Munlci Airport and the Department of Public Works for the month of August, 19~; also, written reports from the Department of Buildings, the Electrical Department, the Market and the Purchasing Department for the month of September, 19.~. The. reports were ordered filed. REFUNDS AND HE~ATES-T~J~F~: Council at its meeting of October 4, 19S~, havl£ referred to the City Attorney a co~nication from ~ee Dorothy M. Smith, requesting a refund of ~28.02 for 19S~ taxes erroneously paid by her father, Fr. 501 BOP_ R, C. 8~lthg on the p~ops~ty.of H~. Ra~y O, Z~tth~ with ln~t~uctions that he eontac~ the pa~ties concer~d a~ attest ~o ~dJust the ~tte~ ~t~een the t~o property o~e~s~ ~. J.'N. Kl~on~ Assist~t City ~tto~y~ In a~tten report~ advSsed the body that 19~2 t~es on both piscss of p~ope~ty hays bssn p~ld ~ that a settlement between the t~o p~ties has bssn a~reed upon. The co~nication ~as o~e~.~ R~0~S OF CO~I~E~t ~A~ DEP~T~t Cou~il at ~ts ~eti~ of Septe~e~ 7~ 19~, re~erre~ to a co~ttee consistinE o~ Hesse.. ~u~ 5, ~ens~ Ha~ R. Yatel R~olph O, ~lttle a co~u~cation fro~. J. O. ~lu~ett ~equesti~pa~ent a pu~p lnstallsd by h~ p~lo~ to the ac~lsitSon of his wate~ system by the City Roanoke, the co.tree reported ~at It had ~o~ into this matte~ in Hay, and rsported to Council u~e~ da~ o~ ~y ~8, 19~], at ~hich t~e Hesara. ~ena ~d Yatea reco~nded the purchase oF the'system at a value o~ $~1.~O0.~0~ ~. ~ittle. In a minority report, stated that he felt the system ~as ~t ~orth than $1~,0~.00, that Cou~l had taken ~e ~tte~ u~eP advisement a~ had subsequently accepted the co~[ttee*s report, however, they deducted $1,~00,00 a~ pald ~. ~lu~ett S19,7~.30 fo~ his system, a~ that the me.ers o~ the co~lttee re-~ffl~ thei~ opinio~ as ~tated In the report of Hay ~8, Affter some dl~cussion, ~. Banes moved to lay the matter over flor one ~eek to ~lve ~everal member[ of Council tl~ to read the records al~e they ~ePe not on Council at the time oF the purchase off ~. Plu~ett's ~ater ~y~tem. The ~tion ~as seco~ed by ~. ~ckett a~ adopted. B~: The reqvest off the City Hana~eP fo~ certain approp~lations a~ transfers In appropriations havin~ been laid over from the meetings of September ~7, 19~, ~ October ~, 1~, ~as a~ain presented to Council. ~ter so~ d~scussion, ~. ~ebbe~ moved to concur In the revised request the City H~na~eP a~ o~ffered ~e ffollo~ln~ emergency Ordina~et (~1~9) AN O~INAN~ to ame~ a~ reordain certain sectio~'off the Appropriat~on O~lnance. a~ provldl~ fo~ an emergency. (Fo~ ff~l text of Ordinance, see O~lnance Book No. ~0, Fa~e ~. ~ebbeP moved the adoption off the O~ln~ce. ~e motion ~as 8eco~ed by ~. ~al~op and adopted by the follo~ vote: A~ Council members H~es~ Fuckett~ ~aldrop, ~ebber, Young, s~ the President. ~. ~oody .................... N~S: Bone ......................O. (~s. P~ckett absent) ~. ~ebber then offered the follo~ emergency O~l~nce. m~ln~ certain transfers In the app~p~lations from the Se~a~e Treatment General (~1~0) AN O~INAN~ to ~end a~ ~eo~aln an Ordinance adopted by the Council of the City off Roanoke, Vlrsl~a, on Lhe ~th day off Ja~, 19~. 1~0~, entitled. '~ Ordinate makl~ app~op~latio~ from the Se~a~e T~eatment General ~ flop the City of'Roanoke fo~ the fiscal yea~ begt~l~ Jazzy 1~ 19~, and e~ln~ DecembeP ]1, 1~ a~ declaPln~ the existence off an emergency,, a~ pPovldl~ for an emergency. (Fo~ full 'text of O~l~ce, see Ordl~nce Book No. ~O, Fa~e ~. ~ebbeP ~ved the adoption off the Ordln~ce. The motion ~as s~co~ed by ~. ~aldPop and adopted by ~e follo~l~ vote: A~: Cou~il members H~es. ~ckett, M~drop, ~eb~P, Young, ~ the President. ~. ~oody ..................... 503' RAYS~ Hona-o-~ ..... ~ ........... O. (M~s. Pickett absent) CONSIDERATION 0F CLAIHS: Hone. INTRODUC~ION A~D CONSIDERATION 0P ORDIHANCE8 A~D R~0LUTIONS: GRADR CROSSINGSt Council at its meeting of October 4, 19~', having received a request from the City Manager For authority to en~loy an inspector during the construction of the Jefferson Street Grade Crossing Elimination Viaduct and Project, and having directed the preparation Young offered the following: (~12~1) A RESOLUTION authorizing and directing the e~ployment of an inspector during the construction of the Jefferson Street Grade Crosaing Rlimlnstion! Viaduct and ProJectl providing For the p~yment of a salary to said lnspectorl and providing For an emergency. (For ~ull text of Resolution, see Ordinance Book No. 20, Page 268.) H~o Young moved the adoption of the Resolution. The motion was seconded by H~. Puckett and adopted by the Following votes AYES: Council menbers Hanes, Puckett, Waldrop, Webber, Young, and the President, Hr. Woody .......... NAYS: None ........................... O. (Hrs. Pickett absent) STtt~'l' CLOSING: A reqvsst From Elbert H. Waldron and W. A. In, am For the closing and abandonment thereof For street purposes of Pemyed Avenue, H. E., and a portion of Leona~d'Street, H. E., lying betveen Oakland Boulevard and the east boundary line of the Hurst Estate, having been presented to Council at its meeting of August 23, 19~4, at ~hich tl~e the matter vas referred to the City Planning Commission For study and recommendation, and the City Planning Conunlssion under date of September ], 19~4, having advised Council that the purpose of closing said streets is to subdivide a l~ge tract of land in accordance vith the requirements of the Subdivision Ordinance, vith new streets of al~proved vidths vhlch rill be dedicated after OFficial approval of the new subdivision, and that it is thff opinion o£ the City Planning Cohesion that said existing streets should be closed For the best interest of all concerned, and the Plarnlng Commission! having recommended that the request of the petitioners be granted, and Council having set a public hearing in the matter For 2:00 otclock, p. m., October 4, 19~4, notice of vhich vas published as required by lay, at'vblch hearing there vas no expressed opposition, and the matter having been laid over to the present meeting for preparation of the proper Ordinance, Hi-. Waldrop ~oved that the £ollodng Ordinance be placed upon its First reading. The motion vas seconded by Hr. Hanes and adopted by the ffollowing votes A~I~: Council members Hanes, l~ckett, Waldrop, Webber, Young, and the President, H~. Woody ..................... HAYS~ Hone ....................... Go (~Lvs. Pickett absent) (~22~2) AH ORDINANCE vacating all of Pemyed Avenue, H. ~o (sometimes knovn Per~yd Avenue, N. Ho) and that portion of Leonard Street, H. E., south of the south line of Bamma Avenue, ~. E., in the City, as sho~m and designated on the Hap of Olen Ede~ of record in Plat Book 2, page 8, in the Clerkea OFFice of the Circuit Court of iloanoke County, Virginia, that portion of Pe~ed Avenue, N. E. to be closed being J0 Ft. in ~idth and approximately 1687o~ Ft. in length, and that portion of Leonar~ 5treat, N. E. to be closed belng 30 ft. in width and ~0 ft. in length couth of the south line of Rax~m~a Avenue, N. E. W~EREA~, ¥. A. lngra~ a~d Bl~ert R.' Waldron have presented to Council a w~ltten instrument signed and acknowledged in accordance with the provisions of Section 1~-?$$.1 Code of ¥1rginia, 19~0, ~mich instrument recites that sald parties are the cole abutting property owners of Pemyed Avenue, N. E. (sometimes knoun as Penmyd Avenue, N. E.~ and that portion of Leonard Street~ N. ~., and which instrument was executed by acid parties for the purpose of vacatin~ said Avenue and vacatin~ a certain portion of acid ~treet~ to-wtt~ All of Pe~yed Avenue, N. E. (sometimes known as Panmyd Avenue, N. E.~ and all of Leonard Ztrcet, N. R. extendin~ south of Baruma Avenue, R. E. an~ being shown on tho ~ap of OlcnEden Addition to the City Of Roanoke, Virginia, which map may he found An Plat Book 2, page 8, in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia and ~l~L~, there are no other property owners in the vicinity whose rights or privileges will be abridged or destroyed by tho vacating of said Avenue and a ~ortion off said Street, and WH~2~EAS, under tho provision o£ ~ection 1~-766.1 Code of Virginia, 19~0, said Avenue and the portion of said Street may be permanently vacated by the filling for record iff said written instrument providing At has been approved by the governing body off the City of Roanoke, and ~HEREAS, by action of tho Council for the Clt2 of Roanoke on the 23rd day of August, 19~, the matter was referred to ~he City Planning Com~aission for its reco.mmendation, and WHEREA~, the Planning Com~lssion had a public hearing on September 2, 19~, at which hearing there was no objection tu the vacating of said Avenue and the ~ortlon of said Street, and the Planning Con~nission recon~ended to City Council that Pemyed Avenue, N. E. (sometimes known aa Penmyd Avenue, N. E.) and that portio~ of Leonard Street, N. E. lying south of Baruma Avenue, N. E. be vacated a~ closed, and WHEREA~, Council for the City of Roanoke did on the ~th day of October, 1~ at 2~00 o'clock p. m., in Council chambers for the City of Roanoke, after due publication as required by leu, hold a public hearln~ on the request of W. A. Ing~am and Elbert H. Waldron for the closing of Pemyed Avenue, N. E. and that portion of Leonard Street, N. E. south of Baruma Avenue, N. E., at which hearing there was no expressed opposition, and ~EREA~, At ffurther appears to the Council for the City of Roanoke that ilW. A. Ingram and Elbert H. Waldron have requested that said Avenue and the portion of acid S~reet be vacated and that the acid W. A. Ingram and Elbsrt H. Waldron have i agreed to bear the cost of this proceeding, NOW, ?HEI~FORE, BE IT ORDAINED by ,the Council of the City of Roanoke that it officially expresses its approval of the vacatlng of Pemyed Avenue, N. E. (sometimes known aa Pen~yd Avenue, N. E.~ and of Leonard Street, N. E., south off Baruma Avenue, N. E. and more particularly described aa follows: .Ail of Pemyed Avenue, N. E. (someti~es known as Pen~yd Avenue, N. E.) and all of Leonard Street, N. E. lying south of Baru~a Avenue, N. E., as shown on the map of Glen Eden as found of record in Plat Book 2, page 8 in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia, and BE I?FURT~ 0RDAIHED that all right, title and interest of the,City of Boanoks and the public in and'to said Avenue and to said portion of said Street be and hereby are released lnaofa~ as this Council ia empowered so to do, the City of Roanoke, however, reserving to itself a public easement to that portion of Leonard 8trait, N. Bo in which there now nay be installed sewer linse~ water mains or storm drains and reserving further the right of ingress and egress for maintainanco, repair and construction of the same. BR 1T FURTHER ORDAINED that tho City Engineer bo and he hereby Is directed to mark ePermanently vacated, Ordinance No. 122~, dated October 16, 19~4' Penned Avenue, N. E. (sometimes known as Pernyd Avenue, N. E.] and that portion of Leonard Street, N. E.' lying south of Baruma Avenue, N. H. as designated on the Map of Glen Eden,-on all maps or plate on file in the office of the Engineer of the City of Roanoke, on which map or plat8 said Avenue and the portion of said Street ar'e 8hewn,!, referring to tho Book and Page number of the Ordinance and Resolution of the Council of Roanoke wherein this Ordinance shall be spread, and referring to the Deed Book 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 o~ners ia filed for record. BE IT FURTI~ O~DAINED that the Clerk of thio Council be and he hereby is ~directed to deliver to the Clerk o£ the Nustings¢ourt for the City of Roanoke, Virginia, and t~e Clerk of the Circuit Court for the County of Roanoke, Virginia a copy of this ordinance in order that the said Clerks may make proper notations on all maps or plats recorded in their respective offices upcn which said Avenue and the portion of said Street are shown; and that said Clerk of this Council be and he hereby is directed to Furnish to W. A. Ingram and Elbert H. W~ldron a certified copy o£ this ordinance to be attached to the afforeeaid written instrument for ~£11ing For record in the Clerkts Office of the Hustings Court for the City of Roanoke. The Ordinance having been read, was laid over. AIRPORT: The City Manager advised that the lease between the United States Government and the City of Roanoke for space in Nose-In Hanger No. 3 at the Roanoke Municipal Airport for use by the Governmentts Naval Air Reserve Training ,Unit, NOrfolk, Virginia, terminated June 30, 19~4, and reco~ended that a new lease be executed; whereupon, Hr. Webber moved that the following Ordinance be placed upon its First reading. The motion was seconded by Hr. Banes and adopted by the ffollowing vote: AYES: Council members Banes, Puckett, Waldrop, Webber, Young, and the President, Hr. Woody .................. 6. NAYS: None .................... O. (Hrs. Pickett absent) (~122~3) A~ ORDINANCE authorizing and directing the execution of a lease of certain space in the center portion of Nose-In Hanga~ No. 3 at Roanoke Huniclpal Airport, (Woodr~ma Field), to th~ United States Of America, (hereinafter sometimes referred to aa the Government), to he used for Naval Air Reserve training, upon certain terms and conditions; and authorlslng the use of runways, taxiways, parkinS areas and other paved areas at said Airport. WHEREAS, by written lease agreement dated July 1, 19~9, between the City of Roanoke and the United States of America, said City has heretofore leased to said Gover~m~ent certain space in Nose-In Hangar No. '3 at Roanoke Municipal Airport, 5'05 5O6 i(¥oodru~leld), and by said mitten agraeaent granted to said Government tho unreetric~ad use off ~unwaya and other &rose at laid Airport for the purposes of said Goverr~ant~e NaTal &Ir Reserve Tr&lnir~ Unit, which said lease terminated, however, on Jun~ 30, 19~41 and WHERFA~ enid Government has requested a new lease of n portion of enid Noseoin Hangar No. 3~ together with the same right of the uss of tha~meaye and certain other areas at said Airport and has offered to pay to the City for the name an annual rental of &I~6.C~, payable at the end o~ each fiscal year during ~hich said lease shall be in effect; and WH~EAS~ a new lease between the City and said Government has been prepared in quintuplicate upon U. S, Steadied Form Ho. ~ (HeYlsed) under date of July 1, by which said lease the City would lease to the Goverr~aent approximately squire feet of apace In said Nose-In Hangar and grant the use of certain other areas at said Airport. TH~EFORE, BE IT ORDAINED by the Council of the City of Roanoke that the !iCity Manager be, and he is hereby, authorized and directed to execute, for and on behalf of said City, that certain lease heretofore prepared in quintuplicate on i~U. S. Standard Form No. ~ (Revised) under date of July 1, 19~, by the terms of iiwhich said lease the City would lease to said Goverrment approximately !square feet of floor space in the center portion of Hose-In Hangar No. 3 at said i Alrport and would grant to the Government the unrestricted use of runways, taxiways, I parking areas and other paved areas except where, in the interest of safety and effective airport operation, it becomes necessary to adjust the operation of and i the areas used by the Government to a degree of satisfaction required to preserve .'quiet enjoyment by all airport users, the said hangar space and the use of other i[areas~ to be used exclusively for the purpose of the. Government's AVUA ~3 to Naval .iiAlr Reserve Training Unit, Horfolk, Virginia, sald lease to be for a term of one (1) year commencing July 1, 19~, but renewable from year to year at the option ![of the Government for periods not to extend beyond June 30, 19~9, upon an annual rental of S1~6.08 payable to the City at the'end of each fiscal year, the said lease to be terminable by either party at any time on thirty C30) days~ notice in writing to the other. The Ordinance having been read, was laid over. MOTIONS AND HISCELLAFEOU~ BUILDING CODE: The Mayor stated that a member of the Board of Appeal, established under the Building Code, to fill the unexpired term of Randolph Frants resigned, should be elected and called for nomination~. M~. Young placed in nomination the name of Ca~los D. Shank. H~. Webber moved to close the nominations. ~he motion was seconded by Puckett and adopted; whereupon, H~. Carlos D. Shank was elected as a member of the iiBoard of Appeal, established under the Building Code, to fill the unexpired term ' fM~ R d 1 hF t I d d S t mb !io . an o p ran z, res gns, en lng epe er 30, 19~, by the following vote: A~ES: Council members Hanes, Puckett, Yaldrop, Webber, Young, and the resident, Hr. ¥oody ............. . .... NAYS: None ................... O. (Hrs. Pickett absent) STATE HI6HWAY3 h'ITHXN CITY LIMITS~ Hr. Young stated that something more than a year ago the County of Roanoke and the To~n of Salem requested the Virginia 5epartment of Highways to consider the construction of a Route 11 by-pass to the nopth of Roanoke and nskod the City of Roanoke to Join in thol~, request and that ho believes tho time is nee right to consider the matter and moved that tho City Clerk and tho City ~anager have present at the next reiular meetin~ of Council tho ~-ecords in connection with tho proposed Route 11 byopass to the north of Roanoke and bo prop&red to advise Council of their contents, Tho motion was seconded by Mr, Yald~op and adopted. WATER DEPARTNI/RT~ Mr, Youn~ brought to tho attention of Council a newspaper article from a Greensboros N. C.~ paper, pointin~ out that water is beir~ rationed in Greensboro to a maximum Of fifteen gallons per day for each household, while in Roanoke we a~e usin~ an average of 2~0 gallons per days the article further pointin~ out that the consu~q~tlon Of tho prior week for tho City of Orsen0boro wa8 about nine million gallons per day, but that Unless the city experiences some heavy eains that a~ount will drop to about three million gallons per day by 'the middle of Novembers whereas, Mr. Your~ stated Roar~ko is usir~ about Fifteen million ~allona per day, Mr. Y~un~ statin8 further that ho wants to urge that tho filter plant expansion at Carries Cove be pushed to completion aa rapidly as possible in o~der that the City off Roanoke might be assured of adequate water for its needs. There beir~ no further business, Council adjourned. APPROVED